Terms & Conditions

General Provisions

1. These terms and conditions (hereinafter: “Terms and Conditions“) define the rules and conditions of using the “3of100” application (hereinafter: “Application“) operating at the website adress: https://app.3of100.tech/ and the services provided by the Service Provider. 
2. The App serves as a tool for supporting recruitment and candidate evaluation by analyzing candidate profiles and the Service Recipient’s job requirements to generate reports and recommendations (including match scores). The App is intended for professional use only. 
3. The Terms and Conditions are the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (hereinafter: the “Act on the Provision of Services by Electronic Means“).
4. The Service Provider is 3 of 100 prosta spółka akcyjna with its registered office in Puławy (ul. Ignacego Mościckiego 1, 24-110 Puławy), entered into the Register of Entrepreneurs of the National Court Register (KRS) maintained by the District Court Lublin-Wschód in Lublin with its seat in Świdnik, 6th Commercial Division of the National Court Register, under KRS number: 0001198874, having a NIP (Tax Identification Number): 7162849841, REGON number (National Business Registry Number): 542946460 (hereinafter: “Service Provider“).
5. Contact with the Service Provider is possible via:
   1. e-mail – at the address: info@3of100.tech,
   2. traditional mail – at the address provided in section 4 above.
6. In accordance with the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter: “DSA”),  the Service Provider has appointed a contact point for direct communication with the authorities of the EU Member States, the European Commission, the Digital Services Council and Application Users on matters covered by the DSA regulation. The contact point is available at: info@3of100.tech.
7. Information about services provided by the Service Provider available in the Application, in particular their descriptions, technical and functional parameters, and prices, constitute an invitation to conclude a contract within the meaning of Art. 71 of the Act of 23 April 1964 – Civil Code (hereinafter: “Civil Code“).
8. Before starting to use the Application, the  Service Recipient is obliged to read the Terms and Conditions and the Privacy Policy.

Definitions

1. Capitalized words used in the Terms and Conditions have the following meanings:
   1. Account – a panel created in the Application’s IT system, enabling the Service Recipient to use its functionalities,
   2. Act on Consumer Rights – Act of 30 May 2014 on Consumer Rights,
   3. Agreement – an agreement for the provision of a digital service within the meaning of the Act on Consumer Rights, on the basis of which the Service Provider undertakes to provide the Service Recipient with the Service of using the Application free of charge, the condition for concluding the Agreement for the provision of the Service for the use of the Application is the creation of an Account,
   4. Consumer – a natural person performing a legal act with the Service Provider that is not directly related to their business or professional activity,
   5. Entrepreneur – a natural person, a legal person, or an organizational unit without legal personality, to which special provisions grant legal capacity, conducting business or professional activity in its own name,
   6. Entrepreneur with Consumer Rights – a natural person conducting business or professional activity in its own name, who has concluded an Agreement with the Service Provider directly related to its business activity, but not having a professional character for that person, resulting in particular from the subject of the business activity performed by it,
   7. Non-compliance – it is understood as the non-compliance of the Service for the use of the Application with the Agreement on the use of the Application (the criteria for assessing the compliance of the Service with the Agreement for its provision are specified in Article 43k(1)-(2) of the Consumer Rights Act),
   8. Opinion – the Service Recipient’s opinion on the Application, including a description of the Service Recipient’s experience related to the use of the Service,
   9. Price List – a document or information specifying the current price of the Service, the Subscription Period, the variant of its operation and other conditions indicated therein,
   10. Privacy Policy – a document containing information on the processing of personal data by the Service Provider,
   11. Subscription Period – the period for which the Service Provider makes the Service Recipient available to the Service Recipient in accordance with the Price List,
   12. Subscription Fee – a fee paid by the Service Recipient in advance in exchange for the Service, determined in accordance with the Price List in force at the time of ordering, 
   13. Service Recipient – a customer (Entrepreneur or Consumer) using the Application,
   14. User Content – any data (including personal data), electronic files, information and materials saved by the Service Recipient in the Account.
2. Other terms capitalized in these Terms and Conditions have the meanings indicated in the appropriate place in the Terms and Conditions.

Technical requirements, rules of use and security

1. In order for the Service Recipient to properly use the services provided by the Service Provider using the Application, it is necessary to have:
   1. a connection to the Internet,
   2. devices allowing for the use of Internet resources,
   3. a web browser enabling the display of hypertext documents on the device screen, linked in the Internet via the WWW network service and supporting the JavaScript programming language, and accepting cookies,
   4. an active e-mail account.
2. As part of the Application, it is prohibited for Service Recipients to use viruses, bots, worms or other computer codes, files or programs (in particular those automating scripts and applications or other codes, files or tools).
3. The Service Provider informs that it uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organizational and technical measures, in particular to prevent third parties from accessing the data, including SSL encryption, the use of access passwords and anti-virus programs or against unwanted software.
4. The Service Provider informs that despite the application of the security measures referred to in section 3 above, the use of the Internet and services provided electronically may be at risk of getting into the ICT system and the Service Recipient’s device, malware or gaining access to data located on this device by third parties. In order to minimize the risk, the Service Provider recommends the use of anti-virus programs or measures to protect identification on the Internet.

General Rules for Using the Services

1. The use of the Application’s functionality is subject to payment. However, the Service Provider reserves the right to introduce additional, optional functions or services in the future, which may be available free of charge or for a fee. The Service Provider will inform the Service Recipient about any change regarding the introduction of free or paid functions with appropriate notice.
2. The Service Recipient is obliged to use the Application in a manner consistent with the provisions of generally applicable law, the provisions of the Terms and Conditions, and good practice.
3. As part of administrative supervision, the Service Provider may gain access to User Content located on their Account through super administrator privileges within the Application to the extent necessary to:
   1. provide technical support at the Service Recipient’s request;
   2. ensure the security and integrity of the Application;
   3. fulfill obligations resulting from the provisions of generally applicable law. 
4. As part of the administrative supervision referred to in section 3, the Service Provider may remove User Content and make changes to it only with the consent and at the express wish of the Service Recipient, except for cases resulting from the provisions of generally applicable law. Each access within the administrative supervision referred to in section 3 is recorded each time (logs) and limited only to authorized persons on behalf of the Service Provider.
5. In the event of technical problems related to the functioning of the Application, the Service Recipient may report them by e-mail to the address provided in § 1 section 5 point 1).
6. A Service Recipient using the services provided by the Service Provider is obliged to provide only data (including personal data) consistent with the actual state. The Service Provider is not responsible for the consequences of the Service Recipient providing false or incomplete data.
7. One Service Recipient may create only one Account in the Application for one e-mail address.
8. The conclusion of the Agreement for the provision of the Service requires registration (creation of an Account). As part of using the Application, each Service Recipient is obliged to use their own Account (prohibition of sharing the Account).
9. The Service Provider declares, and the Service Recipient acknowledges, that the web version of the Application does not require its installation or the installation of its updates.
10. If actions in the Application are performed by a natural person acting on behalf of a Service Recipient who is not a natural person, performing such an action is equivalent to a statement by the natural person performing such an action that they are authorized to represent the Service Recipient. The Service Provider is entitled to demand that such a natural person submit proof of their authority to represent the Service Recipient, in particular a power of attorney document or an extract from the relevant register. In the case of performing an action on behalf of a Service Recipient despite the lack of authority to represent them, the natural person performing this action bears the responsibility provided for in the provisions of the Civil Code. 
11. The provision of illegal content by the Service Recipient is prohibited.
12. A violation of the Terms and Conditions is considered in particular to be:
    1. the provision of illegal content by the Service Recipient;
    2. the Service Recipient’s use of the Service and functionality of the Application inconsistent with their purpose;
    3. the provision of false or incomplete data by the Service Recipient;
    4. the creation of more than one Account by the Service Recipient using the same e-mail address;
    5. sharing their Account by the Service Recipient despite the prohibition specified in section 8, second sentence above.
13. In the event of a violation of the Terms and Conditions, the Service Provider may call on the Service Recipient to remove the violation and set a deadline for this purpose of no less than 7 (seven) days.
14. In the event of failure to remove the violation of the Terms and Conditions by the Service Recipient, the Service Provider has the right to block access to the Application until the violation referred to in sections 12 and 13 is removed. 
15. All statements, calls, notices, and information referred to in the Terms and Conditions may be sent by e-mail, unless a specific provision of the Terms and Conditions provides otherwise.
16. The Service Recipient using the services provided by the Service Provider is obliged to provide only data (including personal data) consistent with the actual state. The Service Provider is not responsible for the consequences of providing false or incomplete data by the Service Recipient.
17. The Service Recipient declares that:

1. has full capacity to conclude the Agreement,
2. uses the Application in accordance with the applicable law,
3. the Recipient is entitled to all rights to the Service Recipient’s Content entered into the Application.
4. The Service Recipient is solely responsible for the Service Recipient’s Content and the consequences of its use, including the violation of the rights of third parties, the law or the Terms and Conditions.
5. The Service Recipient acknowledges that the Application does not provide advisory services, and any information, analysis or recommendations are of an auxiliary nature and cannot constitute the basis for making legal, financial or business decisions without independent verification.
6. The Application is intended exclusively for Service Recipients and individuals acting on their behalf. The Application is not available to candidates, who are expressly prohibited from creating an Account or utilizing any of its functionalities.

Service Agreement

1. On the basis of the Agreement, the Service Provider enables the Service Recipient (to the extent resulting from the selected variant in the Price List) to use the functionality of the Application. 
2. In order to conclude the Agreement during the Trial Period, the Service Recipient should perform the following actions:
   1. go to the Application’s website and go to and select the “Sign Up” option,
   2. fill in the required data in the form that appears,
   3. mandatory tick the checkbox next to the statement that they have read the Terms and Conditions and the Privacy Policy and accept their provisions,
   4. click the “Create account” button,
   5. enter the activation link sent by e-mail to the e-mail address provided by the Service Recipient.
3. The use of the Application requires registration, creation of an Account and confirmation of registration by electronic means (using the e-mail received from the Service Provider – activation link). 
4. Clicking on the activation link is equivalent to the Service Recipient concluding the Agreement for the provision of the Service of using the Application. The Service Provider does not charge fees for maintaining an Account. In order to use paid functionalities, the Service Recipient must make payments in accordance with the Terms and Conditions and the Price List.
5. The Service Recipient gains access to the Account immediately after concluding the Agreement for the provision of the Service of using the application.
6. The Agreement is concluded for an indefinite period. The Service Recipient has the right to terminate the Agreement for the provision of the Service with a 30-day notice period, effective at the end of a calendar month, by submitting a statement of termination of this Agreement to the Service Provider. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 5 point 1) of the Terms and Conditions.
7. Immediately after the expiry of the period referred to in section 6, second sentence above, the Service Provider deletes the Account.
8. The Service Provider provides each Service Recipient with a separate instance, and the instances of individual Service Recipients do not merge.

Fees and billing

1. Service prices in the Price List are expressed in […] and represent the net value and do not include VAT. The relevant VAT rate will be added to the Subscription Fee in the case of payment.
2. Unless otherwise stipulated in a specific provision of the Terms and Conditions or individual arrangements with the Service Provider, all payments due to the Service Provider shall be made by the Service Recipient using the payment systems made available within the Application.
3. For the provision of Services, the Service Recipient is obliged to pay the Subscription Fee according to the amounts indicated in the Price List for each Subscription Period. Changes to the prices indicated in the Price List are announced in the Application and do not constitute changes to these Terms and Conditions.
4. The Subscription Period is subject to automatic renewal every […]. The Service Recipient has the possibility to stop the above maximum […] before the start of the next Subscription Period.
5. In the case of the payment referred to in section 2, the date of payment shall be deemed to be the date on which the amount of the Subscription Fee due for the Service is credited to the Service Provider’s bank account. After the payment has been credited to the payment systems, the Service Provider sends information to the Service Recipient’s e-mail address about granting access to the Application together with a VAT invoice.
6. The Subscription Fee is paid automatically, cyclically in advance every […], on the dates referred to in in the Price List, resulting from the date of conclusion of the Agreement.
7. The Subscription Fee after the start of the Subscription Period is non-refundable, unless generally applicable law provides otherwise.
8. Failure to pay the Subscription Fee by the Service Recipient will result in the suspension of access to the functionality of the Application until the Subscription Fee is credited to the Service Provider’s bank account. 
9. If the Service Recipient does not pay the Subscription Fee or it is not possible to collect funds within the integrated payments, a prompt with information about the lack of payment is displayed to the Service Recipient.

Pricing

1. The current Price List is available at: […].
2. The Price List may provide that a certain number of Services can be used by the Service Recipient free of charge. 
3. The Service Provider may change the Price List at any time. A change to the Price List does not constitute a change to the Terms and Conditions. 
4. A change to the Price List in no way affects the amount of fees specified in Agreements for the provision of the Service concluded before the change to the Price List. 
5. The Service Provider reserves the right to make discount codes available. 

Complaints

1. In the event of disclosure of non-compliance of the Service with the Terms and Conditions, the Service Recipient may file a complaint.
2. The complaint shall be submitted in writing or by e-mail, to the address indicated in § 1 section 5 point 1) of the Terms and Conditions, no later than within 30 days from the date of disclosure of the non-compliance.
3. The complaint should include:

1. the name of the Service Recipient,
2. e-mail address
3. a description of the disclosed non-compliance of the Service with the Terms and Conditions.

1. The Service Provider may refuse to bring the Service into compliance with the Terms and Conditions if this is impossible or would require the Service Provider to incur excessive costs.
2. After considering the complaint, the Service Provider provides the Service Recipient with a response to the complaint, in which:

1. acknowledges the complaint and indicates the planned date of bringing the Service into compliance with the Terms and Conditions,
2. refuses to bring the Service into compliance with the Terms and Conditions for the reason indicated in section 4 above,
3. rejects the complaint due to its unfoundedness.
4. The Service Provider responds to the complaint by e-mail within 21 (twenty-one) days from the date of its receipt. In particularly complicated cases, the deadline for responding to a complaint may be extended to 30 calendar days.

Content and Opinions of the Service user

1. The Service Recipient may send the Service Provider Opinions regarding the services provided by the Service Provider.
2. Feedback can be submitted by any means, including email.
3. Submitting the Opinion does not impose an obligation on the Service Provider to publish it. 
4. The Opinion published by the Service Provider may be deleted by the Service Provider at any time. 
5. It is forbidden to post the Service Recipient’s Content and Reviews:

1. containing false data, contrary to the law, the Terms and Conditions or good morals,
2. contains content that is prohibited by law, incites violence, hatred, or insults any group of people or person.
3. containing content that may infringe personal rights, copyrights, image rights or other rights of third parties, 
4. containing advertising, promotional, political, religious or discriminatory content,
5. containing content promoting activities competitive to the Service Provider.

1. Each person using the Application (hereinafter: the “Reporter“) is entitled to report the Service Recipient’s Content or Opinion that may violate the Terms and Conditions. 
2. Applications can be made by e-mail to: info@3of100.tech.
3. The notification should include the following information:
   1. a sufficiently justified explanation of the reasons why a given Service Recipient’s Content or Review constitutes illegal content, 
   2. a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information enabling the identification of the Service Recipient Content or Review, according to its type and functionality of the Application,
   3. the name or name and email address of the Reporter, except for a report concerning information considered to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU,
   4. a statement confirming the Applicant’s good faith belief that the information and allegations contained therein are correct and complete.
4. Upon receipt of the application, the Service Provider sends the Applicant a confirmation of receipt to the e-mail address indicated by the Applicant.
5. In the event that the application does not contain the elements indicated in section 8 above or contains errors, the Service Provider may ask the Applicant to supplement or correct the application within 14 days from the date of receipt of the above-mentioned request. In the event that the Applicant fails to complete or correct the report within the deadline indicated in the preceding sentence, the Service Provider may leave the report unexamined.
6. The Service Provider verifies the reported Service Recipient’s Content or Opinion within 14 days from the date of receipt of a complete and correct application. As part of the verification activities, if necessary, we will ask the applicant to submit the necessary additional information or documents. Until the report is examined, we may block the visibility of the Service Recipient’s Content or Review. 
7. After verifying the Application, the Service Provider:
   1. removes the Service Recipient’s Content or Opinion that violates the Terms and Conditions,
   2. restores the Service Recipient’s Content or Opinion that does not violate the rules resulting from the Terms and Conditions (if its visibility was blocked at the stage of verification of the Application), giving the reasons for our decision. 

1. In the event of removal of the Service Recipient’s Content or Review, the Service Provider shall immediately notify both the Reporting Party and the Service Recipient who published the removed Service Recipient’s Content or Review, providing the justification for its decision. 
2. The justification of the Service Provider’s decision includes:

1. indicating whether the decision involves removing the Service Recipient’s Content/Review, blocking its visibility, depositioning or imposing other measures referred to in the Terms and Conditions in relation to this Opinion and, where applicable, the territorial scope of the decision and its period of validity,
2. the facts and circumstances on the basis of which the decision was made, including, where applicable, information on whether the decision was made on the basis of a notification made by the Reporter or on the basis of voluntary verification activities carried out on the initiative of the Service Provider and, where absolutely necessary, the identity of the Applicant,
3. where applicable, information on the use of automated means in decision-making, including whether a decision has been made with respect to the Service Recipient Content/Reviews detected or identified using automated tools;
4. if the decision concerns potentially prohibited Service Recipient Content/Review, an indication of the legal basis or contractual basis on which the decision is based, and explanations of the reasons why the Review is considered to be prohibited on this basis,
5. clear and friendly information for the Service Recipient and the Applicant on their options to appeal against the decision.

1. A Service Recipient whose Service Recipient Content or Review has been removed or a Reporter to whom the Service Provider refuses to remove the reported Service Recipient Content/Review, may file an appeal against the Service Provider’s decision. 
2. An appeal can be filed as follows:

1. by e-mail – to the address: info@3of100.tech,
2. in writing, preferably by registered letter — to the address provided in § 1 section 4 above.

1. The appeal should include: 

1. name and surname or name of the appellant,
2. contact details (e-mail address, correspondence address),
3. a detailed justification why, in the opinion of the appellant, why the Service Provider’s decision is erroneous and should be changed.

1. The Service Provider shall immediately confirm receipt of the appeal by sending a notification to the e-mail address indicated by the appellant.
2. Appeals are considered within 14 days from the date of their receipt by the Service Provider’s authorized team (these activities will not be performed in an automated manner, without human involvement). 
3. The Service Provider notifies the appellant of the decision made as a result of considering the appeal by e-mail, and if at the same time it considers the reported content to be unlawful – it takes action against it provided for in the Terms and Conditions.
4. Sending the Service Recipient’s Content or Opinion is tantamount to submitting a statement by the Service Recipient that he/she is the sole author thereof. The Service Recipient bears full responsibility for the Service Recipient’s Content/Opinion content and the consequences of its publication (including infringements of personal rights and intellectual property rights of third parties).
5. Sending the Service Recipient’s Content/Opinion is tantamount to granting the Service Provider a free-of-charge, non-exclusive license to use it without time and territorial restrictions in the Service Provider’s promotional materials (hereinafter: the “License“).
6. The License is granted for an unspecified period (with the possibility of terminating it two years in advance, effective at the end of a calendar year) and without territorial restrictions and covers the use of User Content/Review in the following fields of exploitation:
   1. recording and reproducing in any quantity, using any technique and in any format; 
   2. disseminating in any way, using any means of transmission, in particular by publication in the Application and in the Service Provider’s social media.
7. The License entitles the Service Provider to modify the Review if it is necessary for its dissemination in a specific way, without changing its essence and content.
8. The License authorizes the Service Provider to grant any chosen third parties further licenses to use the Review. The further license referred to in the preceding sentence can be granted by the Service Provider for a fee or free of charge.
9. The Service Recipient undertakes not to exercise moral rights to which they are entitled towards User Content/Review (including the right to indicate authorship of User Content/Review and the right to supervise the use of User Content/Review) and authorizes the Service Provider to exercise these rights on behalf of the Service Recipient.  
10. Independently of the provisions of sections 1-26 above, the Service Recipient grants the Service Provider a free, non-exclusive license to use the Service Recipient’s name and logo (hereinafter: “Logo“). 
11. The License referred to in section 27 above is granted for an unspecified period (with the possibility of terminating it two years in advance, effective at the end of a calendar year) and without territorial restrictions and covers the use of the Logo in the following fields of exploitation:
    1. recording and reproducing in any quantity, using any technique and in any format;
    2. disseminating in any way, using any means of transmission, in particular by publication in the Application and in the Service Provider’s social media.

Leveraging Artificial Intelligence (AI)

1. The Service Provider informs that the Application uses OpenRouter to gain access to external providers’ LLM models, such as ChatGPT (OpenAI), Gemini (Google), Claude (Anthropic), in order to provide the Application’s functionalities referred to in § 1 section 2 above. Risk category according to the AI Act: high risk.

1. Prior to the transmission of any data to LLMs, all personal data is removed (anonymized). The generation of reports and recommendations is conducted solely on the basis of anonymized data, which does not permit the identification of any specific individual.
2. The Service Recipient acknowledges that the results generated by AI: 

1. may contain errors, inaccuracies or hallucinations,
2. require human verification before use,
3. does not constitute legal nor financial advice,
4. are advisory (reports and recommendations), and cannot be treated as hiring decisions.

1. The Service Recipient undertakes to: 
   1. verification of all results of the use of AI before their use,
   2. not rely solely on generated content to make decisions (outputs are not used as the sole basis for final decisions producing legal or similarly significant effects),
   3. comply with the AI Act’s transparency requirements towards its customers.
2. The data entered into the Application: 
   1. may be provided to third-party AI providers such as ChatGPT (OpenAI), Gemini (Google), Claude (Anthropic) – via OpenRouter,
   2. will be used to train models (this applies only to anonymized data).
3. The Service Provider is not responsible for: 
   1. business decisions made based on AI results,
   2. intellectual property rights infringement resulting from AI-generated content – damage caused by erroneous AI recommendations.
4. AI-generated content is the property of the Service Recipient to the extent permitted by law – subject to the rights of the providers of AI models. The Service Recipient acknowledges that: – AI content may not be subject to copyright protection – similar content may be generated for other users, and the Service Provider does not guarantee the uniqueness of the results.
5. The Service Recipient undertakes to: 
   1. provide required notices to candidates (including information about AI-supported evaluation where required) – the Service Recipient is responsible for providing candidates with any legally required information about profiling/AI-assisted evaluation and for handling candidate requests/objections,
   2. verify that the content does not infringe the rights of third parties,
   3. marking content as AI-generated where required by law,
   4. ensure that hiring decisions are made with human oversight,
   5. comply with laws relating to recruitment, discrimination, and employment.

Responsibility and service level

1. The Service Provider undertakes to provide the Services with due diligence. The service is provided in the “as is” and “as available” models, subject to mandatory provisions of law.
2. The Service Provider undertakes to ensure the availability of the Application at the following levels: 
   1. […] % on a monthly basis,
   2. Maximum single break time: […] hours,
   3. Planned service windows: […].
3. The Parties exclude the Service Provider’s liability for the lost benefits of the Service Recipient. The Parties also exclude rights resulting from warranty in relation.
4. The Service Provider does not guarantee a specific level of performance, effectiveness or usability of the Application in relation to the specific needs and applications of the Service Recipient. 
5. The Service Provider may limit, modify or disable certain functionalities of the Application if it is necessary to ensure compliance with the law, decisions of supervisory authorities or guidelines of regulators, without incurring liability to the Service Recipient.
6. To the extent permitted by the provisions of the Civil Code, the Service Provider shall not be liable to the Service Recipients for the consequences of:
   1. the Service Recipients’ use of any services or functionalities available within the Application contrary to their purpose,
   2. providing incorrect or false data by the Service Recipients,
   3. the consequences of the use of data authorising access to the Account by third parties, if such persons came into possession of such data as a result of their disclosure by the Service Recipient or as a result of their insufficient protection by the Service Recipient against access by such persons,
   4. actions, omissions, and false statements by the Service Recipient.
7. To the extent permitted by the provisions of the Civil Code, the Service Provider shall not be liable for disruptions in the functioning of the Application resulting from:
   1. force majeure (which is also considered to be the unavailability of APIs of key third-party service providers or the ban on the use of specific AI models by supervisory authorities), 
   2. necessary maintenance works carried out in the Application,
   3. reasons attributable to the Service Recipient,
   4. reasons beyond the control of the Service Provider, in particular the actions of third parties for which the Service Provider is not responsible.
8. The Service Provider undertakes to carry out the works referred to in section 7 point 2) above in the least burdensome way possible for the Service Recipients and, if possible, to inform them in advance about the planned works.
9. The Service Provider undertakes, as far as possible, to remove any disruptions in the functioning of the Application on an ongoing basis. 
10. The Service Recipient undertakes to release the Service Provider from liability and to cover all damages, costs and claims of third parties arising in connection with:
    1. using the Application contrary to the Terms and Conditions,
    2. the content of the Service Recipient,
    3. violation of the law by the Service Recipient.

The above includes, in particular, the costs of court proceedings, administrative proceedings and legal services.

1. The Service Recipient is solely responsible for recruitment decisions. The Service Provider is not responsible for business outcomes or hiring decisions made by the Service Provider.
2. Certain functionalities of the Application may be in a testing phase. In such cases, these functionalities are marked within the Application with the label “BETA”. The provisions of section 2 above shall not apply to functionalities in the BETA phase. Functionalities in the BETA phase are provided “as is” and without any service level commitments.
3. Upon termination of the Agreement, the Service Provider:
   1. provides access to data for 90 consecutive days,
   2. deletes data after this period – at the request of the Service Recipient, it may be done earlier. 
4. The Service Recipient may request:
   1. full export before disposal,
   2. Assisted migration (optionally paid).

Marketing Cooperation

1. Unless a separate agreement provides otherwise, the Service Recipient grants the Service Provider consent to: 

1. inform clients and potential clients of the Service Provider about the performance of Services for the Service Recipient when presenting the Service Provider’s experience, without disclosing the rules of cooperation; 
2. inform on their website and in social media about cooperation with the Service Recipient, without disclosing the rules of cooperation; 
3. place the Service Recipient’s name and logo in offers and marketing materials, on the Service Provider’s website, as well as on the Service Provider’s social media profiles; 
4. place a review about the Service Provider prepared by the Service Recipient in offers and marketing materials, on the Service Provider’s website, as well as on the Service Provider’s social media profiles. 
5. At the Service Provider’s request, the Service Provider is obliged to present them with marketing materials regarding cooperation with the Service Recipient for review before their publication.

Service Provider’s Intellectual Property

1. All components of the Application in particular:
   1. the name of the Application,
   2. the logo of the Application, 
   3. photos and descriptions,
   4. principles of operation of the Application, all its graphic elements, interface, software, source code and databases 

– are subject to legal protection under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 – Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition and other provisions of generally applicable law, including provisions of European Union law.

1. The Service Provider grants the Service Recipient a non-exclusive, non-transferable, non-transferable license to use the Application only to the extent resulting from the selected subscription plan.
2. The license does not cover:
   1. the right to modify, copy or decompile the Application,
   2. the right to make the Application available to third parties, unless otherwise stipulated in the Terms and Conditions.
3. Any use of the Service Provider’s intellectual property without its prior, explicit permission, in violation of the Terms and Conditions, is prohibited.
4. You may not use the App to:
   1. creating competitive products,
   2. testing, benchmarking or reverse engineering,
   3. circumventing technical or licensing limits.
5. The Service Provider is entitled to monitor the manner of use of the Application to the extent necessary to ensure security, prevent abuse and enforce the Terms and Conditions.
6. Violation of the above rules entitles the Service Provider to immediately suspend the Account or terminate the Agreement without notice.

Personal data

1. Information on the processing of personal data by the Service Provider can be found in the Privacy Policy available at: https://3of100.tech/privacy-policy/.
2. The rules and conditions for the Service Recipient to entrust the processing of their personal data are specified in the Terms and Conditions of Entrusting Personal Data Processing.   

Amendment of the Terms and Conditions

1. The Service Provider may change the Terms and Conditions, among others, in the event of:
   1. changes in the scope of the Service Provider’s business,
   2. commencement of the provision of new services by the Service Provider, modification of services provided so far or cessation of their provision,
   3. making technical modifications to the Application that require adaptation of the provisions of the Terms and Conditions,
   4. legal obligation to make changes, including the obligation to adapt the Terms and Conditions to the current legal status. 
2. The Service Recipient will be informed about the change in the Terms and Conditions by publishing their amended version in the IT System. Regardless of this, the amended version of the Terms and Conditions will be sent to the Service Recipient by e-mail.
3. The provisions of the then applicable Terms and Conditions shall apply to contracts concluded before the amendment of the Terms and Conditions.
4. The Service Recipient who does not agree to the amendment of the Terms and Conditions may terminate the Agreement for the use of the Application with immediate effect within 10 (ten) days from the date of receipt of the information about the change in the Terms and Conditions. Failure to give notice shall be deemed to be consent to the amendment of the Terms and Conditions.
5. Termination of the Agreement for the use of the Application shall take place by submitting a statement of termination of this Agreement to the Service Provider. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 5 point 1) of the Terms and Conditions.
6. Immediately after receiving the statement referred to in section 5 above, the Service Provider deletes the Account.

Final provisions

1. The current version of the Terms and Conditions is effective from 1st of August 2026.
2. The Terms and Conditions constitute the entire agreement of the Parties and supersede all previous arrangements.
3. The Terms and Conditions are governed by Polish law. Any disputes under these Terms and Conditions shall be resolved through amicable negotiations, and in the event that no agreement is reached – before a common court competent for the registered office of the Service Provider.
4. In matters not regulated in the Terms and Conditions, the provisions of generally applicable Polish law will apply.