Terms of Service

1. Provider, scope and who may enter into this contract

1.1 The provider

The Service is provided by LW IT Solutions Company Lukas Wójcik, al. Tadeusza Kościuszki 80/82 lok. 301, 90-437 Łódź, Poland, VAT identification number PL7252266190 ("MousePlayer", "we", "us"). Contact: office@mouseplayer.com. Further provider information is set out in the Imprint.

1.2 What this document is

These Terms of Service ("Terms") govern the provision and use of the MousePlayer platform and everything supplied with it. In relation to Customers established in Poland they also constitute the regulations (regulamin) required by Article 8 of the Polish Act of 18 July 2002 on the provision of services by electronic means. They are made available before the contract is concluded in a form that permits them to be retrieved, reproduced and stored.

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1.3 Who may order the Service

The Service is open to entrepreneurs and consumers. Which of the two roles applies is chosen by the Customer at registration; it applies to the workspaces of which the Customer is owner (section 6.6) and determines how prices are shown (section 8), the form of the receipt, and the rights the Customer has.

Business customers. A Customer ordering as an entrepreneur thereby warrants that it is contracting in the course of its business or professional activity, that the Service is directly connected with that activity, and that the individual acting is authorised to represent it. These Terms apply to such a Customer without the variations in section 32; it has no right of withdrawal.

Consumers. A consumer is any natural person entering into a transaction with a trader that is not directly connected with their business or professional activity (Article 22¹ of the Polish Civil Code). Section 32 applies to consumers and prevails over every other provision of these Terms. The right of withdrawal and how to exercise it are set out in the withdrawal notice.

Sole traders. Where a natural person conducting a sole trader business enters into the contract in the course of that business but outside their professional specialisation, they are entitled to the right of withdrawal and to protection against unfair contract terms (Article 385⁵ of the Polish Civil Code, Article 38a of the Polish Consumer Rights Act). Section 32 applies to them correspondingly to that extent. A Customer who believes they fall within this group should tell us; we will examine it individually and, in case of doubt, decide in the Customer's favour.

Nothing in these Terms is intended to exclude or restrict a right that cannot lawfully be excluded or restricted. Where a provision does not apply to a particular Customer by force of mandatory law, the remaining provisions and their application to every other Customer are unaffected.

1.4 Territorial reservations

The Service is not offered to, and must not be used by or for the benefit of, any person or entity that is the target of economic sanctions or export restrictions imposed by the European Union, the United Nations, the United States or the United Kingdom, or that is established or resident in a territory subject to comprehensive sanctions. The Customer represents that it is not such a person and will not permit such use. We may suspend or terminate immediately on becoming aware of a breach of this section.

2. Definitions

The following terms have the meanings given below. Terms defined in the Data Processing Agreement bear the meaning given there when used in a data protection context.

3. The contract documents, and the order in which they prevail

3.1 What forms the contract

The contract between the Customer and MousePlayer consists of the following documents, each of which is incorporated by reference:

• any individually signed order form, framework agreement or Enterprise agreement;
• these Terms;
• the Data Processing Agreement;
• the Technical and Organizational Measures;
• the Sub-processors list;
• the Privacy Policy;
• the Documentation.

3.2 Order of precedence

In the event of a conflict the documents prevail in the order listed in section 3.1, from top to bottom, and in each case only to the extent of the conflict. By way of exception, the DPA prevails over an individually signed order form and over these Terms in all matters concerning the processing of personal data, because those matters are governed by Article 28 GDPR and are not freely disposable between the parties.

3.3 Descriptive material is not a warranty

The website, the feature pages, comparison tables, screenshots, presentations, illustrations of expected results and statements made in sales conversations describe the Service and assist in understanding it. They are not warranties, guarantees or assurances of particular characteristics and do not form part of the contract. Where such material conflicts with the contract documents, the contract documents govern; where it conflicts with the DPA on a matter of data protection, the DPA governs. A characteristic is warranted only where MousePlayer describes it in writing as warranted and identifies it as such.

This section is not a licence to mislead. Where descriptive material is inaccurate, we correct it. It exists because the description of a live product is written for readers, is revised often and is necessarily shorter than the truth, and because what is owed must be capable of being traced to a document that says exactly that.

3.4 The Customer’s own terms do not apply

Terms of purchase, supplier codes, vendor questionnaires and other standard terms of the Customer do not apply and are hereby rejected, even where MousePlayer does not object to them separately and performs the contract with knowledge of them. Any deviation requires our express agreement in text form.

4. How the contract is concluded, and how that is proved

4.1 Conclusion

The presentation of Plans on the website is an invitation to make an offer, not a binding offer. The contract is concluded when the Customer completes registration or an Order and MousePlayer accepts it, by activating the Account or by confirming in text form. For paid Plans concluded through the Service, confirmation of the subscription by our payment service provider also constitutes our acceptance.

4.2 The acceptance record

At registration the Customer accepts these Terms and the DPA in a separate, deliberate act; the list of sub-processors forms part of the DPA. We record the accepting User, the exact time, the IP address from which acceptance was made, the browser identification, the language version displayed and a cryptographic checksum (SHA-256) of the exact wording of these Terms, the DPA and the list of sub-processors as displayed at that moment. We record the same when the Customer accepts an amended version (section 27). Where a consumer requests at checkout that performance begin before the withdrawal period expires (section 32.8), we record that request in the same way, with the time, IP address, browser identification, language version and the checksum of the withdrawal notice displayed at that moment.

Two consequences follow, and both are intended. First, the record is written in the same database transaction as the creation of the Account: if the record cannot be written, no Account comes into existence. Second, the checksum does not prove what a document said – it proves whether the document has changed since acceptance. That distinction matters when a later version is relied upon by either party.

The IP address in this record is stored in full and is not shortened. It is evidence of the conclusion of a contract with a Customer, not observational data about a website visitor, and the two are treated differently on purpose. We keep the most recent acceptance of an account for as long as the account exists. Older acceptances, notices of changes and the entries of deleted accounts are erased 730 days after the respective acceptance or notice.

4.3 Accuracy of the details supplied

The Customer must supply accurate and complete details and keep them current. Which details those are depends on the account type (section 1.3):

• Entrepreneurs supply complete and accurate company details, a valid business e-mail address and, where they have one, a valid VAT identification number.
• Consumers supply their first and last name and a valid e-mail address at which they can be reached. We do not require company details, a business e-mail address or a VAT identification number from them.

These details are not a formality: they identify the controller for the purposes of Article 30(2) GDPR, they determine the tax treatment of the invoice, and they are the address to which notices under section 29.5 are sent. Changes are recorded with their time, so that the state at any past date can be established.

5. What the Service is – and what it is not

5.1 What the Service does

MousePlayer records and reconstructs how End Users interact with a Property, and presents the result for analysis. Depending on the Plan it comprises:

• Session Recording and replay. A structural snapshot of the page together with a stream of interaction events, replayed in a sandboxed viewer.
• Heatmaps and aggregated interaction statistics per page address.
• Live viewing of a visit in progress, and a follow mode that mirrors the End User’s scroll position and pointer.
• Funnels, goals, campaign attribution and form field analysis.
• Alerts and frustration signals such as rage clicks, dead clicks and abandoned forms.
• Automatically generated texts – summaries and reports on computed findings, and draft offer texts for the Customer to approve – subject to section 17.
• An HTTP API, webhooks and integrations with third-party services, subject to section 18.

The functions actually available depend on the Plan and on the configuration chosen by the Customer. The Documentation and the account describe the current scope; this section describes the kind of thing the Service is, not a fixed feature list.

5.2 The Service is delivered as software as a service

The Service is provided over the internet for the term of the contract. No copy of the software is sold, delivered or licensed for installation, and the Customer acquires no right to the source code, the server software or the infrastructure. The Tracking Script is licensed for use as set out in section 16.3.

5.3 What the Service is not

The following is stated expressly, because misunderstanding it has consequences for the Customer that we cannot repair afterwards. The Service is not:

• a consent management platform. MousePlayer reads a consent signal produced by something else. It does not display a banner, does not ask the End User anything, and does not decide whether a legal basis exists.
• a compliance product. Deploying MousePlayer does not make a Property compliant with the GDPR, the ePrivacy rules, accessibility rules or any other law, and no statement of ours may be read as advice that it does.
• a system of record, an archive or a backup service. Recordings are deleted automatically when the retention period of the Plan expires. They are not preserved for evidentiary purposes and must not be relied upon as the sole record of a transaction, an order, a declaration or a consent.
• a security monitoring, fraud detection or intrusion detection tool, notwithstanding that abuse-prevention measures protect our own platform.
• a means of identifying individuals. The Service works with pseudonymous identifiers. Where the Customer supplies its own user identifier, it does so on its own responsibility and on its own legal basis.
• a source of legal, tax, medical, financial or investment advice, and no output of the Service constitutes such advice.

5.4 Development of the Service

The Service is developed continuously. We may add, alter, replace and remove functions. Where a change materially reduces the functions of the Customer’s Plan taken as a whole, we will give at least 30 days’ notice in text form, and the Customer may terminate the affected Plan with effect from the date the change takes effect and receive a pro-rata refund of fees already paid for the period after that date. That right of termination is the Customer’s sole remedy in respect of such a change. Changes that add functions, that are required by law, or that are necessary to avert a security risk may take effect immediately.

5.5 Functions marked as beta

Functions identified as beta, preview, experimental or early access are made available for evaluation. They are provided without warranty of any kind, may be withdrawn at any time without notice, may lose data, and are excluded from any availability or support commitment. In respect of such functions our liability is limited to damage caused intentionally (section 21.4), whether or not the Customer is on a paid Plan.

6. Account, Workspaces, roles and Users

6.1 Roles

The Service knows three roles. The owner holds the Workspace, is our contract partner and is the controller within the meaning of the DPA. An admin may configure Projects and delete recordings. A viewer may view. The role model is enforced on our servers and not only in the interface.

There is one owner per Workspace. Because the Plan, and therefore the retention period, follows the owner, appointing a different owner changes the commercial terms applying to everything in that Workspace.

6.2 The Customer answers for its Users

The Customer is responsible for every act and omission of its Users, and of anyone else acting with credentials issued under its Account, as if they were its own. This includes persons to whom access was granted mistakenly and persons whose access was not withdrawn in time.

6.3 Credentials

The Customer must keep credentials, API keys, Share Link tokens and live viewing tokens confidential, must not share them, and must withdraw access when a User leaves. API keys are shown once at creation and are stored by us only as a hash; a lost key cannot be recovered and must be replaced. The Customer must notify us without undue delay at office@mouseplayer.com on becoming aware of any unauthorised access.

6.4 Transfer of a Workspace

A Workspace may be transferred to another account instead of being deleted with it. The transfer takes effect only when the recipient expressly accepts it; the invitation lapses after three days. On acceptance the recipient becomes the owner, and thereby our contract partner and the controller for that Workspace, and the recipient’s Plan applies from that moment – which may shorten the retention period of the recordings it contains. The transferring Customer must ensure that it is entitled to make the transfer, and remains liable for fees accrued up to it.

6.5 Inactive accounts

If no one has signed in to an Account on a Free Plan for 24 months, we may delete the Account and everything in it. An Account on a Free Plan means an Account that has no paid Plan of its own and does not belong to a workspace whose owner has a paid Plan; members of such workspaces are not affected by this clause. Before deletion we notify the Customer at the registered e-mail address. Deletion follows only a notification that was actually delivered, and only if no one has signed in during the 30 days after it; where delivery fails, the period does not begin to run. Signing in during that time, or moving to a paid Plan, cancels the notification. This deletion is carried out without the prior archiving described in clause 24.2.

6.6 Account type and membership in other Customers' workspaces

On registration, every person states whether they act as an entrepreneur or as a consumer (section 1.3). This account type applies to the workspaces of which that person is owner, and to the orders they place for those workspaces.

Where a Customer invites a person into its workspace, that person receives an invitation by e-mail. Only once the person accepts it through the link it contains does that person become a User there in the role of admin or viewer; this applies even where the person already has an account. No further contract about that workspace arises between that person and us, and the Customer's contract remains unchanged: the workspace is governed by the owner's account type, Plan and price presentation – and by section 32 only where the owner is a consumer. The invited person's account type plays no part in this. A person with a consumer account can therefore work in a business's workspace, and vice versa; no second account is needed.

The Customer answers for the invited person's conduct in the workspace under section 6.2. Rights the invited person has as a consumer, in particular the right of withdrawal, relate to the contracts that person concludes; they do not arise from membership in another Customer's workspace. The owner and the other Users of the workspace see the members' names, e-mail addresses and roles, and the workspace's account type. A member can be removed by the owner or an admin; that person's own account and the workspaces of which they are owner remain unaffected.

7. Plans, limits and fair use

7.1 The Plan defines what is owed

Each Plan carries limits on the number of workspaces, projects, concurrent recorded connections and concurrent live viewers, and a retention period for recordings. The limits and prices in force are those displayed in the account and on the pricing page at the time of the Order; for Enterprise Plans they are those set out in the individual agreement. Limits are stated per Workspace unless described otherwise.

Retention periods per Plan are: Free 7 days, Small 30 days, Business 90 days, Enterprise as individually agreed. Recordings older than the retention period are deleted automatically and unattended. Deletion is not a fault and is not reversible; we do not restore an expired recording. Backup copies serve solely to restore the system after a total loss (section 24.2).

7.2 What happens at a limit

When a limit is reached the Service does not fail: it declines the excess. Connections beyond the limit are not accepted and the visits concerned are not recorded; live viewer sessions beyond the limit are refused. Data not recorded because a limit was reached cannot be reconstructed afterwards. Monitoring the utilisation of the Plan is the Customer’s responsibility, and we do not warrant that a warning will be shown before a limit is reached.

7.3 Fair use

The Service is provided on shared infrastructure. The Customer must not place a load on it that is disproportionate to its Plan, in particular by automated polling of the API beyond the documented rate, by deploying a Channel ID on properties whose traffic materially exceeds the Plan, by recording pages generated automatically at scale, or by using the Service as a general-purpose data store. Where a Customer’s use materially impairs the Service for others, we may throttle it, and will inform the Customer of the reason and of what would remedy it. We will suspend only where throttling does not suffice, and section 23 then applies.

7.4 Abuse-prevention measures

The platform automatically declines connections and addresses that display patterns of abuse, limits the number of requests per address and may block an address temporarily. Automatic blocks expire without further action, after 24 hours at the latest; a block we set manually remains until we lift it. For an Account on a Free Plan that showed signs of abusive multiple registration at sign-up (such as a disposable e-mail address), recordings are deleted after 24 hours. These measures protect the platform, and they operate before any contractual assessment. Where a measure affects the Customer’s legitimate use, we will lift it on notification without undue delay. We do not warrant that such measures never affect legitimate traffic, and their operation is not a defect of the Service.

8. Fees, taxes and payment

8.1 Fees

Fees are those displayed for the selected Plan, billing cycle and currency at the time of the Order. We offer several currencies; the currency selected at the Order governs the contract, and we do not owe conversion into any other currency. Fees for paid Plans are payable in advance for the whole billing period.

8.2 Payment service provider

Payment is processed by Stripe. Payment card details are entered on Stripe’s systems and are not received or stored by us. The Customer’s relationship with the payment service provider is governed by that provider’s terms in addition to these Terms. Invoices and receipts are made available in the billing area of the account. Where the payment service provider is unavailable, we may suspend the conclusion of new Orders without that constituting a breach.

8.3 Taxes

Fees are stated exclusive of value added tax and of any other tax, duty or levy, which are added where applicable. Where the Customer is established in the European Union outside Poland and supplies a VAT identification number that is valid at the time of the transaction, the reverse charge procedure applies and the Customer accounts for the tax in its own Member State. The Customer is responsible for the validity of the VAT identification number it supplies. Where a number proves to be invalid or is not accepted by the tax authorities, the Customer must reimburse us for tax, interest and penalties charged to us in consequence. Where the Customer is required by law to withhold any amount, the fees are increased so that we receive the amount we would have received without the withholding.

8.4 Trial periods

Where a trial period is offered, it is offered once per Customer and only on a first paid Order. At the end of the trial the subscription continues as a paid subscription unless it has been cancelled beforehand. A trial confers no entitlement to a further trial, and we may withdraw the offer of trials for future Orders at any time.

8.5 Renewal

Subscriptions renew automatically for a further period of the same length unless cancelled before the end of the current period. Cancellation is effected in the account and takes effect at the end of the current period.

8.6 Price changes

We may change fees with effect from the next billing period, giving at least 30 days’ notice in text form to the address held for the Customer. Where the increase exceeds the rate of inflation published for the preceding twelve months, the Customer may terminate the affected subscription with effect from the date the new price takes effect, by notice given before that date. If the Customer does not terminate, the new price applies from that date. Prices agreed for a fixed term in an Enterprise agreement remain unaffected for that term.

8.7 Late payment

Where a payment is not made when due, we may charge statutory interest for late payment in commercial transactions and claim the fixed sum for recovery costs, in each case under the Polish Act of 8 March 2013 on counteracting excessive delays in commercial transactions. After a reminder in text form and a further period of at least seven days, we may suspend the Service under section 23. Suspension for non-payment does not extend the billing period and does not reduce the fees due for it.

8.8 No refunds; set-off

Fees paid are not refundable except where these Terms provide otherwise or where mandatory law requires it. In particular, no refund is due for a period in which the Service was not used, for unused capacity within a Plan, or on termination by the Customer before the end of a period. The Customer may set off only claims that are undisputed or have been finally established by a court, and may exercise a right of retention only in respect of claims arising from the same contractual relationship.

8.9 Disputed invoices

The Customer must raise any objection to an invoice within 30 days of its date, in text form, stating the reason. This period is a contractual duty of cooperation intended to allow us to investigate while the underlying records still exist; it does not affect any statutory period, which cannot be modified by agreement.

9. Term, cancellation and changes of Plan

9.1 Term

The contract runs for the billing period ordered and renews under section 8.5. A Free Plan runs for an indefinite period and may be terminated by either party at any time without notice and without reason.

9.2 Cancellation by the Customer

The Customer may cancel a paid subscription at any time in the account, with effect from the end of the current billing period. Until that date the Service remains available in full.

Cancellation nevertheless takes effect no later than two months after it is received, even where the billing period ordered runs longer; fees already paid for the time after that are refunded pro rata. This implements Art. 25(2)(a) of Regulation (EU) 2023/2854 (Data Act) and applies whether or not the Customer falls within its scope — two deadlines for the same act would be a source of error, not an advantage.

9.3 Termination for cause

Either party may terminate the contract with immediate effect for good cause. Good cause exists for us in particular where the Customer is in material breach of sections 10, 11, 12 or 13 and has not remedied the breach within a reasonable period set in text form, where a period is meaningful; where the breach is incapable of remedy, where it consists of unlawful processing of personal data, or where waiting would expose us or End Users to serious harm, no period need be set. Insolvency of the Customer, or the cessation of its payments, is also good cause.

9.4 Upgrades and downgrades

An upgrade takes effect immediately and the fee difference is charged pro rata for the remainder of the period. A downgrade takes effect at the end of the current period. On a downgrade, the longer retention period of the previous Plan continues to apply for a grace period of 30 days, after which the retention period of the new Plan applies and older recordings are deleted. A downgrade therefore deletes recordings. The Customer should export what it needs before the grace period expires.

9.5 Consequences of the end of the contract

Section 24 governs what happens to data on termination.

10. The Customer’s obligations and warranties

10.1 The general division of responsibility

MousePlayer supplies a tool. What is recorded, on which Property, of whom, on what legal basis, with what configuration and for how long is determined by the Customer. The Customer is the controller for the recording of its End Users; MousePlayer is its processor. This is not a formula chosen for convenience: it reflects who decides. We cannot see the Customer’s consent banner, cannot read its privacy notice, and do not know which of its pages display personal data.

10.2 Warranties given by the Customer

The Customer represents and warrants, for the whole term of the contract, that:

• it owns or otherwise controls each Property on which it deploys the Tracking Script, and is authorised to deploy it there;
• it has established a valid legal basis for the recording, and where consent is required has obtained it in accordance with section 11;
• it discloses the use of session recording in its own privacy notice, together with the retention period and the means of withdrawal;
• it does not transmit to the Service any special category of personal data within the meaning of Article 9 GDPR, any data relating to criminal convictions, any payment card data, any authentication credentials, and no data of persons known to it to be children;
• it has configured masking, excluded paths and marked sensitive regions as required by section 11.4;
• the content of its Properties is lawful and does not infringe the rights of third parties;
• it complies with all laws applicable to it, including data protection, employment, telecommunications and consumer protection law.

10.3 Deployment on properties of third parties

An agency, developer or other service provider acting for a third party may use the Service for that third party’s Properties only where it is authorised to do so and has ensured that the third party fulfils the obligations of sections 10, 11 and 12. In that case the Customer remains our sole contract partner and answers for the third party as for itself, and it must ensure that a data processing arrangement exists between itself and that third party which permits it to instruct us.

10.4 Cooperation

The Customer must supply the information and cooperation reasonably needed for the Service to be provided, in particular a correct Channel ID assignment, correct integration of the Tracking Script, and prompt response to requests for information about a suspected breach. Where we are prevented from performing by a failure of the Customer to cooperate, we are not in default.

10.5 Evidence of control over a Property

We may require the Customer to demonstrate that it controls a Property on which the Tracking Script is deployed, in a manner we specify – for example by publishing a value we supply in a DNS record of the domain, in the source of its start page, or at a path we name. Where such evidence is not produced within 14 days of a request in text form, we may suspend recording for that Property under section 23; the Account and every other Property are unaffected, and fees already due remain payable.

This is not a formality. Section 12.1 forbids deployment on a Property the Customer neither operates nor is authorised to operate, and a deployment of that kind records people whose relationship to the Customer nobody can establish afterwards – least of all us, who never see the Property. A right to ask is worth more here than a warranty the Customer confirms by ticking a box.

11. Consent and the deployment of the Tracking Script

11.1 The rule

Session recording constitutes observation of behaviour and access to information stored on the End User’s device. In the European Union, the European Economic Area, the United Kingdom, Switzerland and in a number of other jurisdictions it therefore requires the End User’s prior consent. Obtaining that consent is the Customer’s obligation, in every case and without exception.

11.2 What MousePlayer does, and what it does not do

The Tracking Script reads a consent signal. Until a signal is present it assigns no identifier, writes nothing to storage, sets no cookie, opens no connection and registers no listener for the End User’s interactions. Where no signal arrives – because the End User has not decided, because the consent tool failed to load, or because something went wrong – the absence is treated as refusal, except in a region the Customer has expressly released under section 11.3. Beyond that, there is no path on which a timeout, an error or a missing answer leads to recording. A Global Privacy Control signal is honoured worldwide and overrides every other signal, including an explicit approval.

MousePlayer does not display a banner, does not formulate the question, does not assess the validity of the consent obtained, and does not verify that the Customer’s consent tool is configured correctly. Where the Customer’s consent tool is misconfigured, the usual consequence is that nothing is recorded. That is the intended behaviour and is not a defect.

11.3 Regional release

The project settings allow the Customer to permit recording without a signal in expressly released regions. The European Union and the European Economic Area, the United Kingdom, Switzerland, Brazil and Canada cannot be released, because prior consent is required there by law. Where the Customer releases another region, it does so on its own assessment and on its own responsibility, and it warrants that the release is lawful in that region. The region is determined on our servers from the connecting address, and only the country is retained.

11.4 Masking, exclusions and their limits

Full masking of form input is the default for every Property. Two weaker levels exist, and both require our approval in text form for a named Property, granted on the Customer’s reasoned request and recorded with its time and grantor; the restriction is enforced on our servers, so that a stored level exceeding the approval is reduced to the approval before the setting reaches the browser.

Two limits apply that no approval lifts, and the Customer is expressly warned of both:

• Fields recognised as passwords or payment data remain fully masked at every level. Recognition reads the field’s attributes against a list of English, German and Polish terms; a field matching nothing counts as an ordinary field. The Customer must not rely on automatic recognition alone.
• Masking never extends to content that the Property itself renders into the page. A confirmation page that prints an address is part of the structural snapshot and therefore part of the replay. Marking such regions with data-mp-mask or the class mp-masked, and excluding paths that must not be recorded at all, is the Customer’s responsibility.

11.5 Consequences

Where the Customer breaches this section, we may suspend the affected Project or Property immediately under section 23 and, where the breach is serious or repeated, terminate under section 9.3. The indemnity in section 22 applies in full to claims, proceedings and fines arising from a breach of this section.

12. Acceptable use

The Customer must not, and must not permit any User or third party to:

• deploy the Tracking Script on a Property it does not control or is not authorised to instrument;
• use the Service to observe an identified or identifiable individual for a purpose unrelated to the analysis and improvement of the Property – in particular for surveillance, harassment, stalking, profiling of political opinions, or investigation of a private person;
• use the Service to monitor employees, contractors or applicants otherwise than in compliance with the applicable employment, works council and data protection rules, and without the notifications and consultations those rules require;
• capture authentication credentials, payment card data, health data or any other special category of personal data, whether by disabling masking or otherwise;
• use the Service on properties whose principal purpose is unlawful, or which distribute malware, infringing material or content that is unlawful to distribute;
• attempt to circumvent Plan limits, quotas, abuse-prevention measures, authentication or the role model, including by creating multiple accounts for that purpose;
• reverse engineer, decompile or disassemble any part of the Service, except to the extent that such acts cannot be prohibited by mandatory law and only after we have been asked in writing to supply the information needed and have failed to do so within a reasonable period;
• probe, scan or test the security of the Service, conduct penetration testing or load testing, or use automated means to access it other than through the documented API within its documented limits, in each case without our prior written permission;
• resell, sublicense, rent out or make the Service available to third parties as a service of its own, except as permitted by section 10.3;
• use the Service, its output or its documentation to build or train a competing product, or to develop or improve any machine learning model;
• remove, obscure or alter any proprietary notice, or misrepresent the origin of the Service;
• use the Service in breach of section 1.4 on sanctions.

We do not monitor the Customer’s use for compliance with this section and assume no duty to do so. Where we become aware of a breach, sections 23 and 25 apply.

13. Share Links, live viewing and follow mode

13.1 Share Links are bearer credentials

A Share Link grants access to a single Session Recording without any login. Anyone who holds the address can open the recording, for as long as the link is valid. The token is the whole of the protection: it is not tied to a person, an e-mail address or an organisation, and it cannot be. Whoever creates a Share Link publishes that recording to everyone who subsequently obtains the address, whether from the Customer or otherwise.

13.2 The Customer decides and answers

The decision to create a Share Link, to whom to send it, and when to revoke it is the Customer’s alone. The Customer must satisfy itself before creating a link that the recording may lawfully be disclosed to the intended recipient, and that it contains no personal data whose disclosure would be unlawful. We record the creation, the expiry, the revocation and the number of views, and we make that record available to the Customer; we do not and cannot vet recipients. Links expire at the time set on creation and can be revoked at any time; a revoked or expired link, an invented token and a link that never existed all produce the same response, so that tokens cannot be probed.

13.3 Live viewing and follow mode

Live viewing shows a visit that is in progress. Follow mode additionally mirrors the End User’s scroll position and pointer in a sandboxed reproduction of the page. The number of concurrent live viewers is limited by the Plan. Live viewing is an observation of a person’s behaviour as it happens, and the same consent requirement in section 11 applies to it; the Customer must ensure that its privacy notice covers it. Nothing in live viewing permits the Customer to interact with the End User’s device: the reproduction is a mirror and not a remote control, and any attempt to use it otherwise is a breach of section 12.

13.4 Deletion

Deleting a session or a visitor removes the associated recordings, events and page views across the storage in which they are held, and depersonalises the associated consent record while retaining the fact, time and source of the decision for the accountability obligation under Article 5(2) GDPR. Deletion is carried out immediately and is irreversible; derived indexes (such as the index of displayed text) follow automatically shortly afterwards. There is no recycle bin and no restore; backup copies are governed by section 24.2.

14. Data protection

14.1 Roles

In respect of Customer Data the Customer is the controller and MousePlayer is the processor. The Data Processing Agreement governs that processing, is concluded together with these Terms, and prevails over these Terms in all data protection matters. In respect of Account Data MousePlayer is the controller, and the Privacy Policy applies.

14.2 Security and sub-processors

The measures we implement are described in the Technical and Organizational Measures, which form part of the contract. The Customer grants general authorisation for the engagement of sub-processors; the current list, together with purpose, categories of data and place of processing, is published at Sub-processors, and changes are notified 30 days in advance with a right to object as set out in the DPA. Since 5 September 2026 the off-site backup copy is held in a Google Cloud Storage bucket in region europe-central2 (Warsaw) and is covered by the Google Cloud Data Processing Addendum. Until then it was held in a private Google Drive account for which such terms are not available; the copies placed there before that day were deleted on 6 September 2026, after a restore from the new destination had been verified. Since then no backup copy is held outside the Google Cloud Data Processing Addendum. The copy is encrypted on our own server before it is transferred, file and directory names included, and the keys are not given to Google – but encryption is a technical measure and does not replace the agreement Article 28(3) GDPR requires.

14.3 Assistance and its limits

We assist the Customer in responding to requests from End Users and in meeting its obligations under Articles 32 to 36 GDPR. One limitation is stated openly: because IP addresses are stored only in masked form, the masked address alone does not always identify every recording belonging to one person. The more precisely a request can be narrowed down – Property, approximate time, page – the more completely it can be fulfilled. Where assistance goes materially beyond what Article 28(3) GDPR requires, we may charge for it at our then current rates, having first told the Customer that we intend to.

14.4 Requests addressed to us

Where an End User contacts us directly in respect of a Property of the Customer, we will not respond substantively but will refer the End User to the Customer and inform the Customer without undue delay, unless the law requires otherwise. Our own information page for End Users is offered at mouseplayer.com/my-data; it does not relieve the Customer of its obligations as controller, and it generally finds data only where the End User reaches it by way of the link the Customer places in its own privacy notice or enters their visitor identifier themselves.

14.5 Data protection contact and Article 37 GDPR

Data protection questions, and requests under Articles 15 to 22 GDPR concerning Account Data, reach us at office@mouseplayer.com. No data protection officer has been designated. Whether one must be is assessed under Article 37(1)(b) GDPR, and the assessment is recorded with its date and its reasoning in section 9 of our Records of Processing. Its result in short: the first limb – core activities consisting of regular and systematic monitoring – is met without argument, because that is what the Service does; the second limb – large scale – is not met on present figures.

The second limb turns on a single quantity, the number of end users observed, and that quantity is set by traffic on Customer websites rather than by us. It is therefore measured daily, and the assessment is repeated as soon as more than 100000 end users a month are observed across all Customers, and in any event annually. Where a data protection officer is designated – whether because the law requires it or voluntarily – the contact details will be published here and notified to the supervisory authority.

15. Confidentiality

Each party must keep confidential all information of the other that is marked as confidential or whose confidentiality is evident from the circumstances, must use it only for the performance of the contract, and must disclose it only to those of its personnel and advisers who need it and who are bound to equivalent confidentiality. This does not apply to information that is public without breach, that was already lawfully known, that is independently developed, or whose disclosure is required by law or by a public authority; in the latter case the disclosing party will, where lawful, inform the other in advance.

These obligations continue for three years after the end of the contract, and for trade secrets and personal data for as long as they remain protected. Customer Data is confidential information of the Customer; the Service, its architecture, its non-public documentation, prices individually agreed and the content of security reports are confidential information of MousePlayer.

16. Intellectual property and licences

16.1 Our rights

The Service, the Tracking Script, the player, the dashboard, the API, the documentation, the name MousePlayer, the logos and all associated rights belong to MousePlayer or its licensors. Except for the rights expressly granted here, no right, licence or claim is granted, whether express or implied, and all rights are reserved. Components of third parties incorporated in the Service remain subject to their own licence terms.

16.2 The Customer’s rights

For the term of the contract the Customer receives a non-exclusive, non-transferable, non-sublicensable right to use the Service for its own business purposes and within the limits of its Plan.

16.3 The Tracking Script

The Customer may embed the Tracking Script, unmodified and retrieved from the address we designate, on the Properties assigned to its Projects. It must not modify it, must not host it itself, must not bundle it into its own build, and must not extend, wrap or repurpose its functions. Self-hosting a copy prevents security fixes from reaching End Users, and is prohibited for that reason.

16.4 Customer Data

Customer Data remains the Customer’s. The Customer grants us the non-exclusive right to store, reproduce, transmit, display and otherwise process it to the extent necessary to provide the Service, to maintain and secure it, and to fulfil our obligations. This right ends when the data is deleted, and it is subject in all respects to the DPA.

16.5 Aggregated statistical information

We may compile and use statistical information about the operation of the Service – volumes, error rates, performance, distribution of browsers and devices, patterns of load – to operate, secure, improve and describe the Service. Such information is aggregated and anonymised, so that it no longer relates to an identified or identifiable natural person and cannot be attributed to a particular Customer. It never includes the content of Customer Data, recordings, page content or identifiers. Where this section and the DPA differ, the DPA prevails.

16.6 Feedback

Where the Customer sends us suggestions, ideas or requests for improvement, we may use them without restriction, without payment and without attribution. The Customer is not obliged to send feedback, and should not send us anything it wishes to keep to itself.

16.7 References

We may name the Customer and display its logo as a reference only with the Customer’s prior consent in text form, which may be withdrawn at any time with effect for the future.

17. Analytical output and automatically generated text

17.1 Computed and generated are not the same thing

Rankings, values, thresholds and findings shown in the Service are computed from the recorded data by deterministic rules. Where a language model is used, it phrases findings that have already been computed, for example as sentences and reports on visitors and their translations; a generated text is checked automatically before display for figures that are not among the computed findings and, if it contains one, is replaced by a version computed from the findings. Text produced in that way is marked as generated in the interface. The language model also drafts texts for the offer that can be shown to End Users, for example when they leave a page; a draft is adopted and shown to End Users only once the Customer approves it, and the Customer is responsible for the approved text. We also use the same language model to translate the Customer’s support requests and to draft replies; every reply is checked and sent by a person. The language model runs on MousePlayer’s own machines; no external AI service is involved.

17.2 No reliance

Automatically generated text may be incomplete, may omit a finding, and may express a correct finding badly. It is offered as a reading aid alongside the computed findings, not in place of them. The Customer must not use it, and must not permit it to be used, as the sole basis for a decision producing legal effects or similarly significant effects for a natural person. Automated decision-making within the meaning of Article 22 GDPR is not a function of the Service, and the Customer must not construct one from its output.

17.3 Accuracy of analysis

Analytical output describes what was recorded. It does not describe what was not recorded, and section 20.4 lists the many ordinary reasons why a visit may be recorded partially or not at all. Metrics, attributions, funnels and value scores are estimates derived under stated assumptions; we do not warrant that they are accurate, complete or fit for any particular decision, and we do not warrant that they will agree with the figures produced by any other analytics product. Where the Customer uses such output for pricing, staffing, investment or legal decisions, it does so on its own assessment.

18. Third-party services and integrations

How this section is built. It first says what a third-party service is and who switches it on. It then names what we owe when an integration runs – the sending, and nothing beyond it. Everything that happens after the sending is outside our influence. That is stated here not as an excuse but because it is technically true, and the Customer needs to know it before switching an integration on.

18.1 What a third-party service is

The Service can exchange data with third-party services chosen by the Customer, including tag and analytics tools, product analytics platforms, error monitoring, advertising networks and their conversion interfaces, customer relationship and sales systems, helpdesk and ticketing systems, email and lifecycle tools, spreadsheet and document services, data warehouses, automation platforms, and any endpoint addressed by webhook.

A third-party service is not part of the Service and is not a performance we owe. Its failure, discontinuation, defectiveness or alteration is not a defective or non-performance on our side.

We are neither a partner, agent, reseller, distributor nor auxiliary performer of any provider of a third-party service, and we have no business relationship with any of them. Where we name a provider, its trademark or its product, we do so solely to identify the service the Customer has selected; that is neither a recommendation nor a warranty about it, and implies no cooperation.

18.2 The Customer switches it on, the Customer answers for it

Every integration is activated by the Customer and transfers data on the Customer's instruction. The Customer is responsible for the legal basis of that transfer, for concluding whatever agreements the recipient requires, and for the security of the endpoint the Customer names.

The Customer supplies its own credentials and acts under its own account with the provider. Any action taken with those credentials at the provider counts, as between the Customer and us, as the Customer's own action.

The provider's terms of use, API terms, program terms and trademark rules are for the Customer to review and observe, as are any requirements the provider imposes regarding consent, labelling, preparation or retention of the transmitted data. We do not review them on the Customer's behalf and do not monitor compliance with them.

18.3 What we owe: the sending

Our performance in an integration is limited to sending the data the Customer has caused to be sent to the destination the Customer has named. It is rendered once the sending has been carried out.

We do not owe that an integration works, that it keeps working, that it runs at a particular time or in a particular order, that it is complete, or that it achieves a particular result. The availability commitments in section 19 do not apply to integrations.

18.4 No proof of receipt and no proof of processing

We do not warrant that a recipient receives the data, accepts it, stores it, attributes it to the right person or the right record, processes it, or uses it at all.

A technically successful response is no proof of any of this. Several common recipients return a success code even where they have rejected the item on its merits, accepted only part of it, or discarded it silently; others report only hours later, or never, what became of a transmission.

Any feedback we display in the interface or in a log reproduces what the recipient answered and nothing more. It is not a statement by us about what actually happened there, and constitutes no warranty.

Where an integration transmits to an endpoint that fails or rejects the data, delivery is retried on a published schedule and then abandoned; the abandonment is logged. We do not guarantee delivery.

18.5 No monitoring, no vetting, no access afterwards

We monitor neither the operation nor the availability, security, accuracy, lawfulness or suitability of a third-party service, and we do not vet it for those qualities before making an integration available.

What a recipient does with the data, how long it keeps it, which country it moves it to, whom it passes it on to, how it secures it, and whether it suffers a security incident, is beyond our knowledge and beyond our influence.

Once data has left the Service on the Customer's instruction we no longer control it and cannot retrieve it; our retention periods do not apply to the recipient's copy, and a deletion request reaching us has no effect there.

18.6 Change, failure and removal

A third party may change, restrict or discontinue its interface, its terms, its prices or its offering at any time; where an integration becomes unusable as a result, section 5.4 applies and we owe no substitute.

We in turn may change, suspend or remove an integration at any time – in particular where a provider changes its interface or its terms, where operating it creates legal risk, or where it can no longer sensibly be maintained. There is no claim to its continuation, to an equivalent replacement, to a price reduction or to compensation.

18.7 Costs and consequences at the provider

Fees, quotas, overage charges, forced plan changes, throttling and suspensions at the provider are borne by the Customer. If the Customer's account there is throttled, suspended, terminated or placed under review, this does not affect our performance and gives rise to no claims against us.

18.8 Advertising networks and automated decisions

Reports sent to advertising networks drive automated decisions there, in particular bidding, audience building and budget allocation. Erroneous, duplicated, delayed, incomplete, misattributed or absent reports can therefore lead to wrong decisions by the network and to wasted or increased advertising spend.

We are not liable for such spend, for lost or misattributed conversions, for a change in campaign performance, or for any damage following from these. The exclusion of lost profit is expressly agreed in this respect as well within the meaning of Article 361 § 2 of the Polish Civil Code.

The same applies to decisions the Customer, or an automated system the Customer employs – such as an agent retrieving analyses through an interface – makes on the basis of this data. Those decisions are the Customer's own.

18.9 Liability and indemnity

Subject to section 21.1, we are not liable for the acts, omissions, outages, defects, security incidents, data losses, prices, terms or changes of terms of any provider of a third-party service, nor for damage arising from the operation, non-execution, faulty or delayed execution, incompleteness or discontinuation of an integration. Section 21 otherwise applies unchanged.

The indemnity in section 22 also covers claims brought against us by a provider of a third-party service because the Customer breached that provider's terms, disclosed its credentials or misused its interface.

What this section does not limit. Whatever cannot effectively be limited under section 21.1 remains unaffected: intentionally caused damage, damage to life, body and health, and claims of the data subject under Article 82 GDPR. We name that boundary rather than passing over it – a clause that passed over it would be void in its entirety under Article 473 § 2 of the Polish Civil Code, and would then carry nothing at all.

19. Availability, maintenance and support

19.1 No availability commitment on standard Plans

We operate the Service with the care of a diligent provider and aim for high availability. On the Free, Small and Business Plans no particular level of availability is owed, and no service level agreement, uptime figure, recovery time or credit regime forms part of the contract. An availability commitment exists only where it is expressly agreed in an individually signed Enterprise agreement and describes the measurement method, the exclusions and the remedy.

19.2 Maintenance

We may interrupt the Service for maintenance, updates and security measures. Planned interruptions will, where reasonably possible, be placed outside the main business hours of the Central European time zone and announced in advance. Urgent measures to avert a security risk or a serious malfunction may be carried out without notice.

19.3 Interruptions outside our control

The Service depends on the public internet, on the Customer’s own website and hosting, on the End User’s browser and network, and on third-party providers. Interruptions arising in those areas are outside our sphere of control and do not constitute a defect of the Service.

19.4 Status information

Any status page or system indicator we publish is provided for information. It reflects our own monitoring, may be incomplete or delayed, and is neither a warranty nor an admission.

19.5 Support

Support is provided in English, German and Polish through the support form in the account and at office@mouseplayer.com, on working days during business hours (CET). We aim to answer promptly, but no response time or resolution time is owed except where expressly agreed in an Enterprise agreement. Support covers the Service; it does not cover the Customer’s website, its consent tool, its tag manager, its hosting or its third-party integrations, and it is not a development or consulting service.

20. Warranties, and their exclusion

20.1 The Service is provided as it is

The Service is provided "as is" and "as available". To the fullest extent permitted by law, we give no warranties, conditions, representations or assurances of any kind, whether express, implied or statutory, and in particular no warranty of merchantability, of fitness for a particular purpose, of non-infringement, of accuracy, of uninterrupted or error-free operation, or that defects will be corrected.

20.2 Statutory warranty for defects

The statutory warranty for defects (rękojmia) is excluded, as permitted between entrepreneurs by Article 558 § 1 of the Polish Civil Code. No quality guarantee (gwarancja jakości) is given.

20.3 No warranty of a result

We do not warrant that the use of the Service will increase conversions, revenue, engagement or any other business metric, that it will reveal any particular problem, or that any recommendation derived from it will prove correct. No such statement, wherever made, forms part of the contract; section 3.3 applies.

20.4 Recordings are inherently incomplete

The Customer acknowledges that a visit may be recorded partially or not at all, and that this is a property of the technology rather than a defect. The ordinary reasons include, without limitation:

• the End User refused consent, gave none, withdrew it, or sent a Global Privacy Control signal;
• the Customer’s consent tool blocked the script, loaded late, or was configured with an incorrect category attribute;
• an ad blocker, privacy extension, content blocker, corporate proxy or browser setting prevented the script from loading or transmitting;
• the End User left before the structural snapshot was complete, or the browser terminated the page;
• content in cross-origin frames and in closed shadow DOM cannot be read by any script; cross-origin frames appear as a placeholder and closed shadow DOM as empty, while same-origin frames and open shadow DOM are recorded with their content;
• canvas and WebGL content is captured as an image rather than as structure – with the structural snapshot and then, when it changes, at most about once per second and within a size limit; intermediate states and fluid motion are missing, WebGL content may appear blank, and content in masked areas or containing cross-origin images is not captured as an image;
• hover states, native browser dialogs, browser extensions and content rendered outside the document are not part of the page structure and therefore not part of the replay;
• a Plan limit had been reached, or abuse-prevention measures declined the connection;
• network loss, device failure or an interruption of the Service.

The Customer must therefore not treat the absence of a recording as evidence that a visit did not occur, nor the presence of a recording as a complete account of one.

20.5 A recording is not evidence

Session Recordings are a reconstruction assembled by software from a structural snapshot and a stream of events. They are not a video, not a screen capture, and not a verifiable record of what an End User actually saw. They may differ from the End User’s screen for reasons including fonts, browser version, extensions, dynamic content, network timing and the reconstruction itself. A recording must not be relied upon as evidence of a declaration, an order, a consent or any other act of an End User, and we give no warranty as to its evidential value in any proceedings.

20.6 The Property is the Customer’s

We do not warrant that the Tracking Script is compatible with every website, framework, content security policy or third-party script. Integration is the Customer’s responsibility, and the Customer should test on a staging environment before deploying to production.

21. Limitation of liability

21.1 What is not limited

Nothing in these Terms excludes or limits liability for damage caused intentionally, which cannot be excluded in advance under Article 473 § 2 of the Polish Civil Code; for harm to life, body or health; or for any other liability that cannot lawfully be excluded or limited. Nor do we exclude or limit liability for damage caused by gross negligence. Polish law would permit such a limitation between businesses; we forgo it because Art. 13(4)(b) of Regulation (EU) 2023/2854 (Data Act) names it as an unfair contractual term — and because a clause no one is meant to rely on has no place in a contract.

Article 82 GDPR stands outside every limit in this section – outside the exclusions in section 21.2, outside the cap in section 21.3 and outside the reduction for Free Plans in section 21.4. A data subject is not a party to this contract (section 29.9), and a claim that person brings against us as processor is governed by Article 82 alone; nothing the Customer and we agree between ourselves can cap it or take it away. What the parties may allocate, and do allocate, is the position between them once such a claim has been met: that follows Article 82(5) GDPR, the DPA and section 22.

21.2 What is excluded

Subject to section 21.1, we are not liable in any event for:

• lost profits, lost revenue, lost savings, lost business opportunity, or loss of goodwill or reputation;
• indirect, consequential, incidental, special or punitive damage;
• loss, corruption or non-availability of Customer Data, including recordings that were not created, were deleted on expiry of a retention period, were deleted on a downgrade, or were deleted by a User;
• business interruption, or the cost of procuring a substitute service;
• damage arising from the Customer’s breach of sections 10, 11, 12 or 13, from the configuration it chose, or from a third-party service it activated;
• damage arising from the use of functions marked as beta;
• claims made against the Customer by End Users or by any other third party, except where we are separately liable for them under mandatory law.

The exclusion of lost profits under this section is agreed expressly for the purposes of Article 361 § 2 of the Polish Civil Code.

21.3 The cap

Subject to section 21.1, our total aggregate liability arising out of or in connection with the contract, on whatever legal basis, is limited to the fees actually paid by the Customer for the affected Service in the twelve months preceding the event giving rise to the claim. Where several events give rise to claims, the amounts are aggregated and the cap applies once in total per contract year, not once per event.

21.4 Free Plans and beta functions

Where the Service is provided without charge – on a Free Plan, during a trial period, or in respect of a function marked as beta – our liability is limited to damage caused intentionally. That is the greatest limitation permitted by Article 473 § 2 of the Polish Civil Code, and it reflects that nothing is paid for the performance concerned. This limit operates between the parties only. It does not touch a claim brought by a data subject under Article 82 GDPR (section 21.1), which arises whether or not the Customer pays for the Service – and the risk of such a claim does not fall with the price, because it is created by the deployment, not by the Plan.

21.5 Data

We owe no backup of Customer Data to the Customer, and the Service is not a backup service (section 5.3). Where we are nevertheless liable for the loss of data, that liability is limited to the cost of restoring the data from a backup which the Customer itself maintained, and it does not extend to data the Customer did not secure by exporting it while it was available.

21.6 Notification of a claim

The Customer must notify us in text form of any circumstance it believes may give rise to a claim, within 30 days of becoming aware of it, describing what happened, when, and what loss is asserted. This is a contractual duty of cooperation: web server logs are erased after 14 days, the application access log after 60 days and security logs after 72 hours, so a claim notified later can often no longer be investigated on either side. It does not shorten any statutory limitation period, which cannot be modified by agreement under Article 119 of the Polish Civil Code. Where a failure to notify in time prevents us from investigating, that is taken into account in determining the extent of our liability.

21.7 Who benefits from these limits

The exclusions and limits in this section apply equally in favour of our employees, contractors, agents and sub-processors, and apply to claims in contract, in tort, for breach of statutory duty and on any other basis, including claims for reimbursement of futile expenditure.

21.8 The limits are part of the price

The Customer acknowledges that the fees for the Service have been set on the basis of the allocation of risk in this section, and that without it the Service could not be offered at these prices. The parties consider this allocation appropriate between entrepreneurs.

22. Indemnification by the Customer

22.1 Scope

The Customer will indemnify and hold us harmless against all claims, proceedings, orders, administrative fines, damages, costs and reasonable legal fees which third parties, End Users, supervisory authorities or other public bodies assert against us, in so far as they arise from:

• the deployment of the Tracking Script on a Property, or its configuration;
• the absence, invalidity or defective documentation of a legal basis for the recording, in particular of consent under section 11;
• the content of a Property, or its unlawfulness;
• the transmission to the Service of data the Customer warranted it would not transmit, in particular special categories of personal data, payment card data or authentication credentials;
• the creation, distribution or non-revocation of a Share Link, or the use of live viewing;
• a breach of sections 10, 11, 12 or 13, or of the DPA;
• the Customer’s instruction to transmit data to a third-party service.

Administrative fines are included in this indemnity only so far as recourse for them is legally permissible. We state that limit rather than conceal it: a fine under Article 83 GDPR is imposed on the addressee of the decision and is paid by that addressee first, and whether it may then be recovered from a contractual partner is contested. An indemnity is also worth no more than the person giving it can pay. Neither point makes this section pointless, but both mean it cannot be the principal protection – which is why the principal protections in these Terms are preventive: evidence of consent under section 11, evidence of control over a Property under section 10.5, and the right to suspend under section 23 rather than to sue afterwards.

22.2 Conduct of claims

We will notify the Customer of any such claim without undue delay, will not acknowledge or settle it without the Customer’s consent (which must not be unreasonably withheld or delayed), and will give the Customer the opportunity to defend it, together with such information and assistance as it reasonably requires, at the Customer’s cost. We reserve the right to conduct our own defence where our reputation, our licences or our relationship with a supervisory authority is at stake; in that case the Customer bears the reasonable costs of that defence.

22.3 Relationship to the DPA

This section does not alter the allocation of responsibility under Article 82 GDPR as between controller and processor, and does not exclude our own liability for a breach of our obligations as processor. It governs the position between the parties.

23. Suspension

We may suspend access to the Service, to a Workspace, to a Project or to a single Property, in whole or in part, where:

• payment is overdue and the procedure in section 8.7 has been followed;
• there is a reasonable suspicion that the Service is being used in breach of sections 11 or 12, or otherwise unlawfully;
• the use endangers the security, integrity or availability of the platform or of other customers;
• a public authority or a court requires it, or the law requires it;
• a credible report under section 25 indicates serious unlawfulness and immediate action is warranted.

We will restrict the suspension to what is necessary, will inform the Customer of the reason without undue delay – in advance where doing so does not defeat the purpose – and will state what would remedy it. Suspension does not relieve the Customer of the obligation to pay for the period concerned, unless the suspension was not attributable to the Customer. During a suspension the Tracking Script may cease to record; recordings not made in that period cannot be recovered.

24. What happens to the data when the contract ends

24.1 Before the end

While the contract is in force the Customer may export its data: on every Plan through the interface (in particular the CSV export of session lists and survey responses and the export of account data in the account settings), and on the Plans that include them through the API and the MCP access. The Customer should export what it wishes to keep before cancelling or downgrading, because recordings are then deleted on the schedule below and expired recordings cannot be restored. The transition period under clause 24.1a gives it time for that; it is a safety line, not a substitute for exporting in good time.

24.1a End of a paid subscription and transition period

When a paid subscription ends – by cancellation, by withdrawal or for any other reason – the contract does not end with it: the Account moves to the Free Plan without further action and remains available with its workspaces, projects and recordings. Recording continues within the limits of the Free Plan; projects beyond those limits are paused, keep their recordings and resume after an upgrade. For at least 30 days the retention period of the previous Plan continues to apply to existing recordings (transition period); after that the retention period of the Free Plan applies, and older recordings are deleted (clause 9.4). During the transition period and afterwards the exports included in the Free Plan remain available; the API and the MCP access require a Plan that includes them. No fee is charged for the transition period or for export, switching or migration. Where an export is technically not feasible within that time we say so in text form before it expires, state the reason, and extend the transition period once by the time needed, up to a maximum of seven months. The Customer may delete its Account at any time; clause 24.2 then applies. This clause implements Articles 23 to 29 of Regulation (EU) 2023/2854 (Data Act).

24.2 After the end

The contract ends when the Customer deletes its Account or the contract ends under section 6.5, 9.1, 9.3, 26 or 27. We then erase all associated personal data in the live system within 30 days, unless Union or Member State law requires longer storage. Deletion is started by the Customer in the account settings; no request by e-mail is needed. It first archives the Account: access ends at once, nothing is recorded or shown any more, and for 30 days we can still restore it on request in case the deletion was a mistake. After that period it is erased permanently; when starting the deletion, the Customer can also choose permanent erasure at once. A project or a workspace that the Customer deletes is likewise archived for 30 days first and can be restored in the dashboard during that time.

Backups are the exception, and it is stated here with figures rather than in general terms. An off-site copy is made daily and held encrypted. Daily copies are kept for 7 days, weekly copies for 364 days. Data erased in the live system therefore remains inside those copies until they expire – at most 364 days after the erasure, and that is the longest a deleted recording can survive in our systems; data the Customer has exported or transmitted to third-party services is governed by section 18.5.

Selective erasure inside a backup is not performed, and the reason is not convenience: a copy is a single sealed archive whose whole purpose is to be a faithful image of one point in time. Opening it, removing something and sealing it again destroys that property, and with it the ability to show that nobody tampered with the copy. Backups serve no purpose other than restoring the system after a loss; they are not searched, not analysed and not made available to anyone. Where a backup is ever restored, the erasure requests recorded for End Users are carried out again before the system returns to service.

One limit of that last sentence belongs here rather than in a footnote: the deletion of an Account deliberately leaves behind no record identifying it – keeping such a record would itself be a processing of the very data the deletion was meant to end. A restored copy would therefore contain an Account deleted after the date of that copy. A restore happens only after a total loss; where it happens we will say so, and a renewed deletion is carried out on request without further proof.

24.3 What is deliberately kept

Three things are retained, because the law requires it or because they document a decision rather than a person: the records under section 4.2; the security and change log, with the user reference removed; and support requests. Invoices and accounting records are retained for the period required by tax law. Consent records are retained for 730 days from the withdrawal, contain no behavioural data, and serve the accountability obligation under Article 5(2) GDPR.

24.4 Removing the Tracking Script

The Customer must remove the Tracking Script from its Properties on termination. Until it does so, End Users’ browsers may continue to request it. We may cause the script to cease operating for a terminated Channel ID, and are not liable for any effect of that on the Customer’s Property.

24.5 Access requests by third-country authorities

Recordings and their analyses are processed and stored in the European Union: the server and the machines that run the language model are located in Poland; since 5 September 2026 the daily off-site backup copy is held in a Google Cloud Storage bucket in region europe-central2 (Warsaw). The exceptions concern account data and messages to the Customer, not the recordings themselves: payment processing, sending e-mail and domain management, and spam and abuse protection on our own forms are provided by providers that may also process outside the Union. Transmissions to third-party services the Customer switches on (section 18) go to the recipients it chooses. We do not transfer customer data to a third country for our own purposes. Which sub-processors are engaged, and where they process, is set out in the published list, which forms part of the contract; it is not repeated here, because an enumeration goes out of date with the next provider.

Where a court or an authority of a third country demands disclosure of or access to data, the following applies. We comply with such a decision only where it is based on an international agreement in force, in particular a mutual legal assistance treaty between that third country and the Union or the Member State concerned. In the absence of such a basis we do not comply without prior review; where necessary we obtain an interpretation from the competent body of the Member State, and if we must nevertheless disclose, we disclose the minimum amount permissible.

Before disclosing, we notify the customer concerned of the request in text form so that they can seek legal protection. Where we are legally prohibited from notifying, we do so as soon as the prohibition ceases, and we work towards having it lifted. We report on the number and nature of such requests on request, to the extent we are permitted to.

What the encryption contributes belongs here – and so does what it does not. The off-site copy is encrypted on our own server, file and directory names included, and the keys are not given to the provider of the storage location. That provider can therefore produce nothing readable in response to a request addressed to it. That is a technical measure within the meaning of Article 28 of Regulation (EU) 2023/2854; it replaces neither the contract with that provider nor the obligations under this clause where a request is addressed to us.

24.6 Survival

Sections 2, 3, 4.2, 8 (for sums already due), 10.2, 15, 16, 20, 21, 22, 24, 29 and 30 survive the end of the contract, together with any other provision whose nature implies that it should.

25. Reports of unlawful content or misuse

Anyone may report to us at office@mouseplayer.com that the Service is being used unlawfully – for example that the Tracking Script is deployed on a website without authority, that recording is taking place without a legal basis, or that a Share Link discloses personal data unlawfully. A report should identify the Property or the link concerned, describe the alleged unlawfulness, and give a means of reply.

We examine reports that are sufficiently precise and substantiated, and may request further information. Where a report is well founded we act under sections 23 and 9.3, and we inform the reporter of the outcome where it is lawful and practicable to do so. We inform the affected Customer of the report and of any measure taken, together with its reasons, unless the law or a public authority prevents us. A report is not a complaint about the Service; complaints are dealt with under section 28.

26. Force majeure

Neither party is liable for a failure to perform caused by an event beyond its reasonable control, including natural disaster, war, terrorism, civil unrest, epidemic, strike, failure of the public internet or of an upstream network, prolonged failure of electricity supply, cyber attack against infrastructure not under its control, and acts of public authorities. The affected party will inform the other without undue delay and will resume performance as soon as it can. Where the event persists for more than 60 days, either party may terminate the affected part of the contract with immediate effect; fees paid in advance for a period after termination are refunded pro rata. A shortage of funds is never force majeure.

27. Changes to these Terms

We may amend these Terms. We will notify the Customer at the e-mail address held for it, and in the account, at least 30 days before the change takes effect, indicating what is changing.

The Customer may object in text form before the change takes effect. If it objects, the contract continues on the existing Terms until the end of the current billing period and ends at that point; for a Free Plan it ends on the date the change takes effect. If the Customer does not object and continues to use the Service after that date, the amended Terms apply. We will say so expressly in the notification.

Changes that are required by a change in the law, by a decision of a court or a public authority, or that are necessary to avert an imminent security risk, may take effect at shorter notice or immediately; we will notify them as soon as we can and will explain the reason. Changes that are purely linguistic, that correct an obvious error, or that are exclusively to the Customer’s advantage, may be made without notice.

Each version is identified by its number and effective date. Because acceptance is recorded together with a checksum of the wording accepted (section 4.2), it can always be established whether a given Customer accepted the version now in force or an earlier one.

28. Complaints

Complaints about the Service may be made at any time to office@mouseplayer.com or through the support form in the account. A complaint should state the Customer’s name and the Account or Workspace concerned, describe the objection and the circumstances, give the date and time of the occurrence where relevant, and state what the Customer seeks.

We confirm receipt, examine the complaint and reply in text form to the address from which it was sent, as a rule within 14 days of receipt. Where examination requires longer, we say so within that period, give the reason, and state when a reply may be expected. Where a complaint is incomplete, we ask for what is missing, and the period runs from receipt of the missing information.

This procedure is provided under Article 8 of the Polish Act on the provision of services by electronic means. Making a complaint is not a condition of pursuing a claim before a court.

29. General provisions

29.1 Assignment

The Customer may not assign the contract or any right under it without our prior consent in text form, which will not be unreasonably withheld. We may assign the contract to a successor in connection with a merger, reorganisation or transfer of the business to which it relates, and will inform the Customer; where the assignee is established outside the European Economic Area, the Customer may terminate with effect from the date of the assignment.

29.2 Subcontracting

We may use subcontractors to perform our obligations and remain responsible for their performance as for our own. The engagement of sub-processors is governed by the DPA.

29.3 Entire agreement

The documents listed in section 3.1 contain the entire agreement between the parties on their subject matter and replace all previous statements, offers, presentations and correspondence. Neither party has relied on any statement not contained in those documents. This does not exclude liability for a fraudulent misrepresentation.

29.4 Severability

If a provision is or becomes invalid, unenforceable or incomplete, the remainder is unaffected. The invalid provision is treated as replaced by the valid provision that comes closest to its commercial purpose; where a provision is invalid only in part, or only in relation to a particular Customer, it remains effective for the rest and in relation to every other Customer. This applies in particular to the limitations in section 21, which are to be given effect to the fullest extent the law permits.

29.5 Notices

Notices under these Terms are given in text form: to the Customer at the e-mail address held for it in the Account or through a message in the Account; to us at office@mouseplayer.com or at the postal address in section 1.1. Keeping the e-mail address current is the Customer’s responsibility, and a notice sent to the address held is effective on dispatch. Notices of termination and objections under section 27 must be in text form; a message in a chat window is not sufficient.

29.6 No waiver

A failure or delay in exercising a right is not a waiver of it, and the exercise of one right does not preclude another. A waiver is effective only if given in text form and only for the case stated.

29.7 No partnership

The parties are independent contractors. Nothing creates a partnership, a joint venture, an agency, an employment relationship or a joint controllership within the meaning of Article 26 GDPR.

29.8 Headings and examples

Headings are for orientation and do not affect interpretation. Where an enumeration is introduced by "including", "in particular" or "for example", it is illustrative and not exhaustive.

29.9 Third parties

The contract confers rights only on the parties. It is not a contract for the benefit of a third party, and in particular End Users acquire no right under it; their rights under data protection law are unaffected and arise independently of it.

30. Governing law, jurisdiction and language

30.1 Governing law

The contract, and all non-contractual obligations arising out of or in connection with it, are governed by the law of the Republic of Poland, to the exclusion of its conflict-of-law rules and of the United Nations Convention on Contracts for the International Sale of Goods. Mandatory provisions of the law of the Customer’s seat which cannot be derogated from by agreement are unaffected.

30.2 Jurisdiction

The courts having jurisdiction over the seat of MousePlayer, in Łódź, Poland, have exclusive jurisdiction over all disputes arising out of or in connection with the contract, including disputes as to its existence, validity or termination. This agreement on jurisdiction is concluded under Article 25 of Regulation (EU) No 1215/2012 and Article 46 of the Polish Code of Civil Procedure; the electronic acceptance recorded under section 4.2 provides the durable record of it required by Article 25(2) of that Regulation. We remain entitled to bring proceedings at the Customer’s general place of jurisdiction. The jurisdiction of a court for interim relief, and the powers of supervisory authorities, are unaffected.

30.3 Language

The contract language is English. These Terms are also published in German and Polish for convenience. In the event of any divergence, ambiguity or dispute as to interpretation, the English version prevails and is the sole authoritative text. The same applies to the other contract documents listed in section 3.1. Notices may be given in English, German or Polish.

31. Contact and version

LW IT Solutions Company Lukas Wójcik · al. Tadeusza Kościuszki 80/82 lok. 301 · 90-437 Łódź · Poland · VAT ID PL7252266190 · office@mouseplayer.com

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Related documents: Data Processing Agreement · Technical and Organizational Measures · Sub-processors · Privacy Policy · Right of withdrawal · Complaints · Imprint

Version 2.8 · Effective from 16 October 2026. This version amends version 2.7 of 7 October 2026 and aligns the Terms with how the Service actually works: section 24.1a states that after a paid subscription ends the Account continues on the Free Plan and the retention period of the previous Plan applies for another 30 days, instead of the Account remaining readable only for 30 days; section 24.1 names the export routes per Plan, and section 24.2 states when the contract ends; section 6.5 states which Accounts count as Accounts on a Free Plan and what cancels a notification; section 4.2 names every checksum recorded; sections 5.1 and 17.1 name the draft offer texts and the support assistance provided by the language model; section 7.4 states the actual duration of automatic blocks and the shortened retention for Free Plan Accounts suspected of abuse; section 20.4 describes the recording of canvas content, frames and shadow DOM accurately; section 21.6 distinguishes web server logs from application logs; section 24.5 names the exceptions to processing in the European Union; the header of this page names registration as the time at which the account type is chosen. Also part of this version: section 4.2 relates the record to every Customer and states when its retention period actually begins; sections 7.1 and 13.4 state that deleted data is not restored and that section 24.2 governs backup copies; section 7.4 ties the duration of automatic blocks to the configured block duration; section 11.2 names the exception of regional release under section 11.3; sections 14.2 and 24.5 state that the provider of the storage location does not receive the keys; section 14.4 names both routes to the information page; section 17.1 describes how generated texts are checked for figures; section 19.5 states the support hours; section 24.1a states the grace period as a minimum; section 24.2 names every ground on which the contract ends and the longest period in our systems; the new section 32.12 names further deviations for consumers concerning sections 3.3, 5.4, 5.5, 8.6 to 8.8, 9.1, 18.8, 18.9, 29.1, 29.3 and 29.5.

Version 2.7 · Effective from 7 October 2026. This version amends version 2.6 of 16 September 2026: section 24.2 states that a deletion started by the Customer first archives the Account for 30 days – access ends at once, nothing is recorded or shown any more, and it can still be restored on request – and that the Customer can choose permanent erasure at once; projects and workspaces deleted by the Customer are archived in the same way. The period of 30 days for erasure is unchanged.

Version 2.6 · Effective from 16 September 2026. This version amends version 2.5 of 11 September 2026: section 4.3 distinguishes between entrepreneurs and consumers – from consumers we require their first and last name and a valid e-mail address, but no company details, no business e-mail address and no VAT identification number; section 6.6 makes clear that an invited person becomes a member of a workspace only on accepting the invitation through the link in the invitation e-mail, even where that person already has an account.

Version 2.5 · Effective from 11 September 2026. This version amends version 2.4 of 10 September 2026: section 6.6 is new and makes clear that a person's account type applies to the workspaces of which that person is owner, and that membership in another Customer's workspace does not change that Customer's contract; section 1.3 names registration as the point at which the role is chosen, and section 32.1 refers to section 6.6.

Version 2.4 · Effective from 10 September 2026. This version amends version 2.3 of 2 September 2026: section 1.3 is recast and opens the Service to consumers, section 32 is new and states clause by clause what applies differently to them, and the withdrawal notice is added as a related document. It also corrects the version stated in the header of this page: that had read 2.0 since 18 August 2026 while this section already said 2.3 — two statements of the same thing, and the more visible one was wrong.

Version 2.3 · Effective 2 September 2026. This version amends Version 2.2 of 20 August 2026: clause 9.2 states a two-month maximum, clause 21.1 takes gross negligence outside every limitation, clause 24.1a is new and governs the transition period, and clause 24.2 says when the deletion period begins. The trigger was a contradiction with the published Data Act page: it already promised these three points and relied on the Terms of Service, in which none of them appeared. Version 2.2 amended Version 2.1 of 19 August 2026: section 18 has been redrafted in full and divided into sub-sections 18.1 to 18.9. It clarifies that a third-party service is not part of the Service, that our performance is limited to the sending, that we neither warrant nor monitor receipt or processing at the recipient, and how this bears on liability and indemnity. Version 2.1 amended Version 2.0 of 18 August 2026: sections 10.5 and 14.5 are new, sections 21.1, 21.4, 22.1 and 24.2 have been reworded, and section 14.2 now discloses a sub-processor that operates outside a data processing agreement. Version 2.0 replaced the Terms of Service dated 26 July 2026 in their entirety.

32. Special provisions for consumers

32.1 Who it applies to

This section applies to consumers within the meaning of section 1.3 and, to the extent stated there, to natural persons conducting a sole trader business who contract outside their professional specialisation. Whether a person is a consumer is determined by the contract that person concludes; membership in other Customers' workspaces is governed by section 6.6.

32.2 Precedence

Where a provision of these Terms conflicts with section 32, section 32 prevails. Where a provision of these Terms conflicts with mandatory consumer law, it does not apply to consumers; the statutory rule takes its place. The remaining provisions are unaffected.

32.3 Conformity instead of a warranty disclaimer

Sections 20.1 and 20.2 do not apply to consumers. The Service is not provided to them "as is", nor is statutory liability for defects excluded; Article 558 § 1 of the Polish Civil Code permits such an exclusion only between entrepreneurs.

In their place stands the statutory liability for the conformity of the digital service under chapter 5b of the Polish Consumer Rights Act (Articles 43h to 43q). Because the Service is supplied continuously, we are liable for any lack of conformity occurring or becoming apparent during the entire period of supply (Article 43l sec. 2). The consumer may require us to bring the Service into conformity; if that fails, if we refuse, if the lack of conformity recurs, or if it is so serious as to make waiting unreasonable, the consumer may declare a price reduction or withdraw from the contract (Articles 43m and 43n). We make any refund within 14 days (Article 43o).

Sections 20.3 to 20.6 continue to apply, as a description of what the Service does and does not do — not as a disclaimer of liability. That a recording may be incomplete and is not evidence is a property of this technology and the usual state of such services; it forms part of the agreed description within the meaning of Article 43k sec. 1. A defect going beyond those properties remains a defect.

32.4 Liability

As against consumers the following applies:

• The exclusions in section 21.2 do not apply. We are liable under the general rules (Articles 471 et seq. of the Polish Civil Code), and damages cover both the loss suffered and the profit lost (Article 361 § 2).
• The cap in section 21.3 does not apply.
• The limitation for services provided free of charge in section 21.4 does not apply. Where the Service is supplied without charge we are likewise liable under the general rules; the gratuitous nature is taken into account solely in determining the standard of care owed (Article 355).
• The limitation in section 21.5 does not apply. It remains the case that the Service is not a backup and that we do not owe one (section 5.3) — that describes the scope of what is supplied. Where we are liable for loss of data, that liability is not capped in amount as against consumers.
• The notification period in section 21.6 is not a precondition of a claim by a consumer. Early notification helps establish what happened, and we continue to ask for it; a claim is not lost by notifying later.

Sections 21.1 and 21.7 apply unchanged. Section 21.1 places intent, gross negligence, damage to life, body and health, and Article 82 GDPR outside every limitation; that applies to consumers a fortiori.

32.5 No indemnity

Section 22 does not apply to consumers. A consumer does not indemnify us against third-party claims. This does not affect the statutory apportionment between several controllers and processors under Article 82(5) GDPR, nor the consumer's general liability for their own fault; both follow from the law and not from any clause of these Terms.

32.6 Changes to these Terms

As against consumers we may change these Terms only for one of the following reasons, and only to the extent the change is prompted by that reason:

• a change in applicable law, or a judicial or administrative decision;
• a change in the scope of the Service, in particular a new feature or the discontinuation of a feature that cannot be maintained for technical or economic reasons;
• a change of, or a change at, a sub-processor, a payment provider or any other third party necessary for supplying the Service;
• averting a security risk or abuse;
• correcting an obvious error or a purely linguistic clarification.

We notify the change on a durable medium at least 30 days before it takes effect and state the reason. A change that materially and adversely affects access to or use of the Service entitles the consumer to terminate the contract free of charge within 30 days of the notification or of the change taking effect, whichever is later (Article 43q of the Polish Consumer Rights Act). We refund pro rata any fees already paid for the period after termination.

A change increasing the fee or reducing the scope of the Service does not take effect for a period already paid for. The consumer bears no cost of the change.

32.7 Complaints

Section 28 applies with the proviso that we must answer a consumer's complaint within 14 days. If we do not answer within that period, the complaint is deemed to have been accepted (Article 7a of the Polish Consumer Rights Act). That period is not an undertaking of ours but statute, and it cannot be extended by an interim message. The route for making a complaint is set out on the Complaints page.

32.8 Right of withdrawal

A consumer has a right of withdrawal of 14 days from conclusion of the contract. The conditions, how to exercise it, the periods, the model form and the consequences of withdrawing after early performance are set out in the withdrawal notice, which forms part of the pre-contractual information under Article 12 of the Polish Consumer Rights Act.

Where the consumer expressly requests at checkout that performance begin before the withdrawal period expires, we owe the Service from activation; if the consumer then withdraws, they owe the amount attributable to what was supplied up to that point (Articles 15 sec. 3 and 35 sec. 1 of the Polish Consumer Rights Act). Where no such request is made, performance begins after the period has expired.

32.9 Out-of-court dispute resolution

Out-of-court routes are open to consumers, in particular mediation and the permanent arbitration court at the Voivodeship Inspector of the Trade Inspection (Articles 36 and 37 of the Polish Trade Inspection Act) and assistance from the municipal or district consumer ombudsman. The register of authorised bodies is kept by the Office of Competition and Consumer Protection (uokik.gov.pl). The European Online Dispute Resolution platform ceased operating on 20 July 2025.

Pursuant to Article 12(1)(21) of the Polish Consumer Rights Act we state: we are not bound by any code of conduct or by any consumer dispute resolution body and are under no obligation to take part. We consider participation in each individual case and do not refuse it as a matter of principle.

32.10 Governing law, jurisdiction and language

• Law. Section 30.1 applies with the proviso that the choice of Polish law does not deprive the consumer of the protection afforded by the mandatory rules of the country of their habitual residence (Article 6(2) of Regulation (EC) No 593/2008).
• Jurisdiction. Section 30.2 does not apply to consumers. We may sue a consumer only in the courts of the Member State in which they are domiciled; the consumer may sue us there or at our seat (Articles 17 to 19 of Regulation (EU) No 1215/2012).
• Language. Section 30.3 does not apply to consumers. The authoritative version is the one in the language in which the contract was concluded. A consumer may use any of the three published languages for communications with us.

32.11 What applies unchanged

Anyone embedding MousePlayer in their own website is, in data protection terms, the controller in relation to the visitors of that website — including as a consumer and including on a privately run site. The exemption for purely personal or household activity (Article 2(2)(c) GDPR) does not apply to a publicly accessible website. Sections 10 to 14 and the Data Processing Agreement therefore apply to consumers unchanged; that is not a clause in our favour but the statutory allocation of roles.

32.12 Further deviations

The following further provisions apply to consumers:

• Sections 3.3 and 29.3: public statements about the Service, in particular in advertising and on the website, remain relevant to conformity to the extent provided by Article 43k(2) of the Polish Consumer Rights Act; the exclusion in those sections does not apply to that extent.
• Section 5.4: we make a change to the Service that is not necessary to keep it in conformity only for a reason listed in section 32.6, at no cost to the consumer and after notice on a durable medium; where it materially and adversely affects access to or use of the Service, the consumer may terminate the contract under section 32.6 (Article 43q of the Polish Consumer Rights Act). The sentence stating that the right of termination is the only remedy does not apply.
• Sections 5.5, 18.8 and 18.9: the exclusions and limitations of liability stated there do not apply; section 32.4 applies. That a beta feature may be withdrawn and that for an integration we owe only the sending describes the scope of the Service.
• Section 8.6: any price increase entitles the consumer to terminate the affected subscription with effect from the new price, irrespective of the rate of inflation.
• Section 8.7: the statutory interest for late payment (Article 481 of the Polish Civil Code) applies instead of the interest and flat-rate compensation for commercial transactions.
• Section 8.8: refund claims under mandatory consumer law, in particular after withdrawal, a price reduction or termination for lack of conformity, remain unaffected; the restriction on set-off does not apply.
• Section 9.1: we terminate an open-ended contract on the Free Plan with a consumer only on at least 30 days’ notice in text form, save for good cause under section 9.3; section 6.5 remains unaffected.
• Section 29.1: where MousePlayer transfers the contract, the consumer may terminate it at any time at no cost; fees already paid for the period thereafter are refunded pro rata.
• Section 29.5: a notice to the consumer takes effect when it is received, not already when it is sent.