TERMS OF SERVICE FOR THE PROVISION OF ELECTRONIC SERVICES – REVIEWGUIDE
This is an English translation provided for convenience. In the event of any discrepancy, the Polish-language version prevails.
§ 1. General provisions
- These Terms of Service (the "Terms") set out the rules for using the website and applications available at https://reviewguide.eu (the "Service" or "ReviewGuide") and the rules for the provision of electronic services by the Provider.
- The Provider and owner of the Service is: PEPE COMPANY sp. z o.o. ul. Świętokrzyska 18 / 405, 00‑052 Warsaw, Poland Tax ID (NIP): 5732861000, Court Register No. (KRS): 0000599316 (the "Provider").
- The Provider can be contacted at: contact@reviewguide.eu and by post at the registered address above.
- The Terms are made available free of charge via the Service in a form allowing them to be obtained, reproduced, stored and printed.
- These Terms constitute the terms of service referred to in Article 8 of the Polish Act of 18 July 2002 on the provision of electronic services.
§ 2. Definitions
- Service – the electronic service provided by the Provider consisting of the automatic monitoring of reviews published on Google (Google Business Profile / Google Maps) relating to the Customer's premises (restaurant) and the automatic generation, using artificial intelligence, of proposed responses to such reviews, together with functionality for their approval and publication.
- Customer – a natural person conducting business activity, a legal person or an organisational unit without legal personality, that has concluded or intends to conclude an Agreement with the Provider and uses the Service in connection with its business or professional activity.
- Account – the Customer's individual panel in the Service, available after registration and authentication.
- Agreement – the agreement for the provision of the Service concluded between the Provider and the Customer under these Terms.
- Trial Period – a 14‑day period during which the Service is provided free of charge, under § 6.
- Subscription – the recurring fee for use of the Service on a subscription basis.
- Payment Operator – the payment service provider handling payments in the Service, i.e. Stripe (Stripe Payments Europe, Ltd., Ireland, together with its affiliates including Stripe, Inc., USA).
- Price List – information on the fees for the Service, available in the Service.
- GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
§ 3. Scope of the Service
- Within the Service, the Provider in particular: a) periodically (as a rule no less than every 2 hours) checks for new reviews of the Customer's premises on Google, using a third-party review-data provider; b) automatically generates, using artificial intelligence models, proposed responses to reviews in the language in which the review was written (in particular Polish and English); c) makes the generated proposed response available to the Customer for review, editing and approval; d) enables the Customer to publish the approved response themselves on their own Google Business Profile, by copying its text into the Google dashboard — the Service does not publish responses automatically or on the Customer's behalf; e) flags reviews concerning sensitive matters (e.g. health, hygiene, safety) for manual verification by the Customer.
- Responses are not published automatically without the Customer's approval, unless the Customer knowingly enables an automatic-publication feature where offered; in that case the Customer is responsible for the published content.
- Use of the Service does not require connecting the Account to the Customer's Google Business Profile via OAuth authorisation, nor granting the Provider any access to that account. The Provider obtains data on new reviews through a third-party review-data provider (see Privacy Policy, section 5); the Customer publishes the generated and approved response themselves, by logging into their own Google Business Profile account.
- The Provider may develop and modify the Service's functionality. Material changes to the scope of the Service to the Customer's detriment are made under the change-of-Terms procedure (§ 12).
§ 4. Technical requirements
- Use of the Service requires: a device with Internet access; a current web browser supporting JavaScript and cookies; an active e‑mail address; and an active Google Business Profile, self-managed by the Customer and linked to the Customer's premises, into which the Customer publishes responses generated by the Service in accordance with § 3(1)(d).
- The Provider is not liable for technical problems or hardware/network limitations on the Customer's side.
- The Customer must not provide any unlawful content.
§ 5. Conclusion of the Agreement and registration
- The Agreement is concluded by registering an Account, accepting the Terms and Privacy Policy, connecting the Google account and — for the paid Service — providing payment details and starting the Trial Period or Subscription.
- The Customer must provide true, current and complete data and keep it updated.
- A person registering on behalf of the Customer represents that they are authorised to conclude the Agreement on its behalf.
- The Agreement is concluded for an indefinite period, subject to termination under § 9.
§ 6. Trial Period
- The Provider offers a free 14‑day Trial Period.
- Starting the Trial Period may require providing payment card details. No fee is charged during the Trial Period (PLN 0).
- If the Customer does not cancel before the Trial Period ends, the Agreement automatically converts into a paid Subscription and the Provider (via the Payment Operator) will charge the first Subscription fee in accordance with the Price List.
- The Customer may cancel at any time during the Trial Period via the Account or by contacting the Provider; cancellation before the end of the Trial Period means no fee is charged.
- The Trial Period is available once per Customer or premises. The Provider may refuse to grant a further Trial Period.
§ 7. Payments, Subscription and renewals
- Use of the Service after the Trial Period is subject to a fee. The current Subscription fee per premises (restaurant) is stated each time in the Service (on the pricing page) and shown to the Customer in the order summary and payment gateway before the transaction is confirmed. Concluding the Agreement in the paid variant constitutes acceptance of the price shown there.
- Prices presented in the Service are net prices — VAT at the applicable rate is added to the net amount. The gross amount payable is shown to the Customer in the order summary and payment gateway before the transaction is confirmed.
- The Subscription is billed in monthly cycles, charged in advance for each billing period.
- The Customer authorises the Provider and the Payment Operator to charge, on a recurring basis, the Customer's payment card or other indicated payment instrument with the Subscription amount at the start of each billing period, until the Agreement is terminated or the subscription cancelled.
- The Agreement renews automatically for successive billing periods until the Customer cancels under § 9.
- Payments are handled by the Payment Operator. The Provider does not store the Customer's full payment card data.
- If a charge fails (e.g. insufficient funds, expired card), the Provider may retry and may suspend the Service until payment is made.
- Invoices and billing documents are provided electronically. The Customer consents to the issuance and delivery of electronic invoices.
- The Provider may change the amount of the Subscription fee. The Customer will be notified of a price change at least 1 month in advance (electronically — by e‑mail or in the Service). The changed price does not apply to an already-paid billing period and takes effect from the next billing period after the notice period. If the Customer does not accept the new price, they may cancel the subscription (terminate the Agreement) before it takes effect, under § 9; failure to cancel and continued use after the change takes effect constitutes acceptance.
§ 8. Right of withdrawal (consumers and sole traders treated as consumers)
- This section applies only to a Customer who is a consumer and to a natural person concluding the Agreement directly related to their business activity where, given its subject matter, it is not of a professional nature for that person (a sole trader treated as a consumer), within the meaning of the Polish Act of 30 May 2014 on consumer rights.
- Such a Customer may withdraw from the Agreement within 14 days of its conclusion without giving reasons, by submitting a withdrawal statement to the Provider (e.g. to the e‑mail in § 1(3)). A model withdrawal form is set out in Annex 1.
- The Service is a digital/electronic service. Commencing the Service before the withdrawal deadline requires the Customer's express consent and acknowledgement that upon full performance they lose the right of withdrawal, and where performance is requested during the withdrawal period, they must pay for services performed until withdrawal.
- The right of withdrawal does not apply in the cases set out in Article 38 of the Consumer Rights Act, in particular where the Service has been fully performed with the consumer's express prior consent and after being informed of the loss of the right of withdrawal.
§ 9. Termination and cancellation
- The Customer may cancel the subscription (terminate the Agreement) at any time with effect from the end of the current paid billing period, via the Account or by contacting the Provider. Cancellation stops further renewals and charges.
- Unless stated otherwise, the fee for the current billing period is non‑refundable (no pro‑rata refund), and the Customer retains access until the end of the paid period.
- The Provider may terminate the Agreement on 14 days' notice for important reasons, in particular permanent discontinuation of the Service.
- The Provider may suspend or terminate the Agreement with immediate effect if the Customer materially breaches the Terms, the law, third-party rights or the terms of external services (including Google), or in the event of payment arrears.
- Termination results in the cessation of the Service and may result in deletion of the Account and related data, subject to data the Provider is required to retain by law.
§ 10. Rights, obligations and liability
- The Provider undertakes to provide the Service with due care.
- Nature of AI-generated content. Responses to reviews are generated automatically using artificial intelligence models and may contain inaccuracies. The Customer must review the proposed response before publication and is responsible for content it approves and publishes. The Provider does not warrant that content will be error-free or fit for a particular business purpose.
- The Customer is responsible for the compliance of published responses with the law and with the terms of external services, and for the consequences of their publication.
- The Service depends on the availability and rules of third-party services (in particular Google and AI model providers). The Provider is not liable for interruptions, changes or limitations on the part of such entities, including changes to their APIs or terms.
- The Provider makes efforts to ensure continuous availability but reserves the right to technical, maintenance and update breaks.
- Limitation of liability. To the extent permitted by law, the Provider's liability towards a Customer that is not a consumer (or sole trader treated as a consumer) under the Agreement is limited to the fees paid by the Customer in the 12 months preceding the event and excludes lost profits, indirect damage and loss of data. These limitations do not apply to damage caused intentionally or to the extent liability cannot be excluded under mandatory law.
§ 11. Complaints
- The Customer may submit complaints about the Service to the e‑mail in § 1(3) or in writing to the Provider's registered address.
- A complaint should contain at least the Customer's identification (contact details) and a description of the objections.
- The Provider considers complaints within 14 days of receipt and informs the Customer of the outcome by e‑mail. In particularly complex cases the deadline may be extended, of which the Customer will be informed.
- Out-of-court dispute resolution (consumers). A consumer Customer may use out-of-court complaint and redress mechanisms, including the district (municipal) consumer ombudsman and the EU Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. Use of these methods is voluntary.
§ 12. Changes to the Terms
- The Provider may amend the Terms for important reasons, in particular: changes in law, changes to the scope or manner of the Service, changes to the Price List, or security or technical reasons.
- The Customer will be informed of changes at least 14 days in advance, electronically (by e‑mail or in the Service).
- If the Customer does not accept the changes, they may terminate the Agreement with effect from the date the changes take effect. Continued use after that date constitutes acceptance of the new Terms.
§ 13. Personal data
- The processing of Customers' personal data is described in the Privacy Policy available in the Service.
- To the extent the Provider processes personal data (e.g. of review authors) on behalf of the Customer, the terms of such processing are set out in the Data Processing Agreement (DPA) constituting Annex 2; acceptance of the Terms constitutes conclusion of that agreement.
§ 14. Final provisions
- The Agreement is governed by Polish law. This does not deprive a consumer of the protection of mandatory provisions of the law of their habitual residence.
- Any disputes with a Customer that is not a consumer will be settled by the court having jurisdiction over the Provider's registered office.
- Matters not regulated herein are governed by Polish law, in particular the Civil Code, the Act on the provision of electronic services and the Consumer Rights Act.
- If any provision is found invalid or ineffective, the remaining provisions remain in force.
- The Terms enter into force on the date indicated above.
Annex 1 — Model withdrawal form
(complete and return only if you wish to withdraw from the Agreement — applies to consumers and sole traders treated as consumers)
To: PEPE COMPANY sp. z o.o., ul. Świętokrzyska 18/405, 00‑052 Warsaw, Poland, e‑mail: contact@reviewguide.eu
I/We hereby give notice of my/our withdrawal from the agreement for the provision of the following service: ReviewGuide. — Date of conclusion of the agreement: …………… — Name / company name: …………… — Address: …………… — Signature (only if this form is sent on paper): …………… — Date: ……………
Annex 2 — Data Processing Agreement (DPA) — separate document.