Unofficial translation. This is an English translation provided for convenience; the Polish-language version (Regulamin) is the sole authoritative, legally binding text.
These Terms of Use set out the binding rules for using the VARDIC greenwashing-analysis system (the "System"), the data-protection principles, and the scope of the parties' liability. This document forms an integral part of the contract for the provision of services by electronic means, concluded between the law firm Kałużna Legal (the "Service Provider") and the Implementing Entity.
All substantive provisions have been drafted and approved by the Service Provider as consistent with the actual operation of the System and with applicable law, in particular Regulation (EU) 2016/679 (GDPR) and Regulation (EU) 2024/1689 (AI Act).
1.1. The VARDIC system (the "VARDIC", the "System", or the "Service") is provided by Roksana Kałużna-Bałazy, an attorney-at-law (adwokat) entered on the roll of advocates kept by the District Bar Council (Okręgowa Rada Adwokacka) in Warsaw under no. WAW/ADW/10396, conducting business under the name "Usługi prawne Roksana Kałużna-Bałazy", with its registered office in Warsaw (03-197) at ul. Portowa 17/7, NIP: 7471779156, REGON: 387989152 (the "Service Provider" or "we").
1.2. The Service Provider is the controller of Users' personal data within the meaning of Art. 4(7) GDPR in respect of account administration and the provision of the Service.
1.3. The following definitions apply for the purposes of these Terms:
2.1. VARDIC is an AI System that supports the analysis of marketing communications for greenwashing risk and compliance with selected legal standards. The System uses machine-learning models to infer and generate auxiliary reports on the basis of input data supplied by the User.
2.2. In accordance with Art. 14 of the AI Act, the System has been designed to enable effective human oversight. The output generated by the System is auxiliary and probabilistic in nature. The Implementing Entity is strictly obliged to verify and approve each report through a qualified natural person before taking any legal, business, or marketing action on its basis.
2.3. The VARDIC System does not make decisions in a fully automated manner that produces legal effects, or that similarly significantly affects natural persons, within the meaning of Art. 22 GDPR. The final decision on the use of the analysis results and its consequences rests in each case with the Implementing Entity.
2.4. Provision of the Service does not constitute legal advice, a legal opinion, or an interpretation of the law. The Service Provider does not guarantee that the analysis results are sufficient to ensure full compliance of the Implementing Entity's activities with applicable law.
3.1. The Service is strictly professional (B2B) in nature and is intended for entities conducting business or professional activity. The Service Provider does not provide the Service to consumers.
3.2. Only a natural person who has reached the age of 16 and holds rights granted by the Implementing Entity may be a User of the System.
3.3. The Implementing Entity ensures that the personnel operating the System have adequate AI competence. This means the knowledge and skills to understand the capabilities and limitations of the System, to interpret its output correctly, and to exercise informed human oversight as referred to in point 2.2.
4.1. The VARDIC System is intended solely for the analysis of publicly available communications and marketing materials. The Implementing Entity represents that it holds all rights necessary to submit content to the System for audit.
4.2. It is strictly prohibited to submit to the System:
4.3. The Service Provider does not screen queries (prompts) for the presence of personal or confidential data before they are processed by the AI models. The Implementing Entity bears full and exclusive responsibility for any breach of the prohibitions in point 4.2, including any infringement of the personal rights of third parties or of confidentiality obligations.
4.4. Furthermore, in the course of using the System, it is prohibited to:
5.1. All economic copyright in the VARDIC System, the software, the interface, and the unique greenwashing-analysis methodology vests exclusively in Roksana Kałużna-Bałazy (the Service Provider) or its licensors and is subject to legal protection.
5.2. Input data: the Implementing Entity retains all rights to the content it submits to the System. By submitting content to the System, the Implementing Entity grants the Service Provider a non-exclusive, royalty-free licence, limited in time (to the retention period stated in the Privacy Policy), to process that content solely in order to provide the Service and generate the report.
5.3. Analysis results (Reports): upon generation of a report, the Service Provider grants the Implementing Entity a non-exclusive, territorially unlimited licence to use the content of the report for the purposes of its own professional activity. The licence does not include the right to resell the analysis methodology itself or to make the System available to third parties.
5.4. Labelling of AI content: in accordance with Art. 50(2) of the AI Act, the output generated by the System is marked as produced by artificial intelligence in a machine-readable format. The Implementing Entity is prohibited from removing such markings or from misleading recipients as to the fact that the analysis was prepared with the support of the AI System.
6.1. The VARDIC System uses external language models (LLMs) whose operation is based on probabilistic methods. Owing to the nature of AI technology, the generated output (reports, analyses) may be incomplete, imprecise, or substantively incorrect (so-called "AI hallucinations").
6.2. The Service Provider makes the System available "as is". The Service Provider gives no warranties, whether express or implied, as to the accuracy, correctness, reliability, or fitness of the System's output for any particular business or legal purpose.
6.3. The Implementing Entity acknowledges that the System's output is auxiliary only and strictly requires verification by a qualified employee (human oversight) before being used for any purpose. Failure to have AI output verified by a human constitutes a gross breach of these Terms and of the principles of safe use of AI Systems.
7.1. To the maximum extent permitted by mandatory provisions of law, the liability of the Service Provider (Kałużna Legal) towards the Implementing Entity and Users is limited in accordance with the following principles:
7.1.1. Exclusion of liability for AI output: the Service Provider bears no liability for any damage (pecuniary or non-pecuniary) arising from decisions taken by the Implementing Entity on the basis of output generated by the System that was not subjected to prior, diligent human verification.
7.1.2. Exclusion of indirect damage: the Service Provider's liability is excluded in respect of lost profits (lucrum cessans), indirect and consequential loss, reputational harm, and penalties imposed on the Implementing Entity by supervisory authorities (e.g. the UOKiK) in connection with greenwashing.
7.1.3. Liability cap: the Service Provider's aggregate liability in damages on any basis whatsoever (including contractual and tortious) is limited to the amount of the net remuneration actually paid by the Implementing Entity to the Service Provider in the last 6 (six) months preceding the event giving rise to the damage.
7.2. Statutory exceptions: the above limitations do not apply solely to damage caused by the Service Provider through wilful misconduct (in accordance with Art. 473 § 2 of the Civil Code) and in other cases where liability cannot be excluded under mandatory provisions of Polish law.
8.1. Use of the VARDIC System is subject to a fee. All prices quoted in the System or the Price List are net prices, to which VAT at the applicable rate must be added.
8.2. Payment operator: payment handling, including subscriptions and the purchase of analysis credits, is carried out by the external provider Stripe. The Service Provider does not store full payment-card data of Implementing Entities.
8.3. Invoices: the Implementing Entity consents to receiving invoices by electronic means. A VAT invoice is issued automatically on the basis of the NIP data provided when the account is configured.
8.4. No right of withdrawal (B2B): given the strictly professional nature of the Service (B2B), the Implementing Entity is not entitled to withdraw from the contract without cause within 14 days, a right reserved for consumers. Upon obtaining access to the digital content (activation of the System), the Service is deemed to have been performed in full.
8.5. Payments during the working phase: during the period designated in the System as "administrative top-up mode", payments via Stripe may be technically inactive. In that case the terms of payment are governed by a separate agreement with the Service Provider, and this section becomes binding upon activation of the automated payment module.
9.1. Term: the contract for use of the System is concluded for an indefinite period. Either party may terminate it with effect from the end of the current billing cycle (monthly or annual) by closing the account in the System or by submitting a statement by email.
9.2. Suspension of access: the Service Provider reserves the right to suspend access to the System immediately in the event of: a payment delay exceeding 7 days; a finding of breach of the acceptable-use rules, in particular the submission of personal data or sensitive data (Art. 9 GDPR) to the System; a justified suspicion that the System is being used for purposes infringing the AI Act.
9.3. Effect of termination on data: upon termination of the contract the account is blocked. In accordance with the Privacy Policy, the content of analyses and their results are retained for 90 days from the date of their generation to allow the client to export them.
After 90 days the data is anonymised and, after a further 30 days, permanently deleted, unless its continued storage is required by tax law. Data necessary for settlement and tax purposes (invoices) is retained for 5 years from the end of the calendar year in which the tax-payment deadline fell.
10.1. The Service Provider reserves the right to make changes to these Terms for important reasons, which include in particular:
10.2. Implementing Entities will be informed of changes to the Terms by electronic means (to the email address assigned to the account) with at least 14 days' advance notice before the changes take effect. This period has been aligned with the Privacy Policy.
10.3. If the Implementing Entity does not accept the new content of the Terms, it has the right to terminate the contract with immediate effect before the changes take effect, which results in cessation of the Service and blocking of access to the System.
11.1. These Terms and all contracts concluded on their basis between the Service Provider and the Implementing Entity are governed by Polish law.
11.2. Any disputes arising from use of the VARDIC System or relating to the interpretation of these Terms will be settled amicably and, failing agreement, by the common court having territorial jurisdiction over the Service Provider's registered office.
11.3. The jurisdiction clause referred to in point 11.2 is exclusive and applies to all disputes of a contractual and tortious nature, to the maximum extent permitted by the rules on national jurisdiction.
12.1. For all matters relating to use of the VARDIC System, the exercise of rights under data-protection law, and the reporting of AI incidents, please contact the Service Provider:
12.2. Queries about how the algorithms operate, or requests to explain decisions supported by the System (in accordance with Art. 86 of the AI Act), should be directed to the email address above, with "VARDIC – technical query" in the subject line.