Terms of Service

Last updated: October 26, 2026

1. General

These Terms set out the rules for using the CommentTap online service at commenttap.com (the "Service").
The Operator of the Service is Michał Kołnierzak conducting business under the name "KOLM MICHAŁ KOŁNIERZAK", ul. Milenijna 43/2, 03-130 Warsaw, Poland, NIP (tax ID) 5361929091, REGON 367735680, registered in the Polish Central Register and Information on Economic Activity (CEIDG) (the "Operator" or "Service Provider").
Contact: email support@commenttap.com (also billing and complaints), hello@commenttap.com; phone +48 573 210 950; postal address: ul. Milenijna 43/2, 03-130 Warsaw, Poland.
The Terms are made available free of charge before the agreement is concluded, in a way that allows them to be stored and reproduced.

2. Definitions

Services — services provided electronically within the Service, including SaaS software for creating and running social-media communication campaigns (automatic replies to comments, DMs, keyword triggers, lead collection, analytics).
User — a natural person, legal person or organisational unit using the Service.
Consumer — a User who is a natural person acting for purposes outside their trade, business or profession (Art. 22¹ of the Polish Civil Code).
Entrepreneur with consumer rights (PNPK) — a natural person entering into an agreement directly related to their business where the agreement shows that it is not of a professional nature for them, in particular given the scope of business disclosed in CEIDG (Art. 7aa of the Polish Consumer Rights Act). A PNPK enjoys the protection granted by the applicable law, in particular Art. 7aa of the Polish Consumer Rights Act and Art. 385⁵ of the Polish Civil Code. In addition, the Operator grants PNPKs the more favourable contractual rights expressly provided for in these Terms, including the complaint response time in section 13. PNPK status does not determine how VAT is charged.
Account — the User's individual profile in the Service.
Plan — a subscription variant with a defined scope and price.
Contact (Lead) — a person whose data the User processes through the Service in their campaigns.
Platforms — external social services (Instagram/Meta and others) whose APIs the Service uses.
Workspace — a separate space in the Service in which the owner and invited team members manage connected Platform accounts and campaigns. A Plan is assigned to a Workspace.

3. Scope of services; technical requirements

The Operator provides SaaS software with related features (integrations, analytics, team management, billing). The exact scope depends on the chosen Plan.
Requirements: a device with internet access, a current browser, an active email address, and — for integrations — an account on the relevant Platform with the required permissions (e.g. an Instagram professional account).
The Operator strives for continuous availability but does not guarantee uninterrupted availability of features dependent on Platform APIs — their operation and availability may change independently of the Operator (see sections 10 and 11).

4. Registration and Account

Using the full features requires an Account and providing accurate data.
The User is responsible for the confidentiality of login credentials and for actions taken under the Account.
By creating an Account the User declares they are authorised to represent the entity on whose behalf they use the Service and that they may use the connected Platform accounts.
Age and legal capacity. An Account may be created and used by a person aged at least 18 who has full legal capacity; this also applies to team members invited to a Workspace. A Workspace organises use of the Services; the contracting party is the User acting in their own name or the entity they represent (paragraph 3), not the Workspace itself.
Providing unlawful content is prohibited.

5. Conclusion of the agreement, Plans, freemium model

The agreement for an Account and use of the Free Plan is entered into when the Account is activated. The terms of a paid Plan are agreed when the Plan is purchased or an available free trial begins. For App Store or Google Play purchases, the store transaction is entered into under the relevant store terms, while the Operator provides CommentTap under these Terms. A store purchase does not exclude the Operator's responsibility for its own services or the User's statutory rights against the store.
The Service operates on a freemium model: a free Free plan with no set end date, with limited features and limits (e.g. up to 50 active contacts per month, 1 connected account, up to 5 active campaigns), and paid plans: Starter, Growth, Business and Scale. The Free plan is not a time-limited trial and does not require payment-card details. The Scale plan is available on request: after the User contacts us, the Operator may make it available for purchase for the indicated Workspace. Before ordering, the User receives information on the Plan's price, billing period, limits, features and renewal terms.
Some features are available only on higher Plans — e.g. AI features (suggestions for messages and post captions) from Growth upward. Every Plan has a monthly hard limit on active contacts. The Operator never charges automatically for exceeding it. Additional contacts may be served from the available balance of Contact Packs under section 6(13). A Pack does not increase the Plan's other limits or its features.
We present the available Plans, their features and limits before purchase. The binding price and currency are those shown in the selected purchase channel immediately before the order is placed. Before purchase, we show the total amount payable and applicable taxes. For purchases directly on the Operator's website, prices are stated in USD, EUR or PLN and the User selects the currency before purchase; the price and currency are repeated in the agreement confirmation. Prices in these currencies are set separately. The selected currency applies to subsequent periods and billing documents for that subscription. VAT treatment depends on the parties' tax status and the place of supply. Reverse charge applies only where its tax conditions are met — the amount is then a net amount and the buyer accounts for VAT; a Polish tax identification number (NIP) alone does not make a domestic sale subject to reverse charge. If an invoice is issued in a foreign currency, any VAT amount is also shown in PLN. For in-app purchases, the price, currency and taxes shown by the relevant store for that offer apply. They may differ from the website offer. The website currency selection and Operator invoice rules above do not apply to store transactions.
Paid Plans are available as automatically renewing subscriptions with monthly or annual billing periods. An agreement purchased directly from the Operator is concluded for an indefinite period. For in-app purchases, subsequent periods are purchased through the relevant store procedure. Turning off auto-renewal (section 12(1)) normally preserves access until the paid period ends, after which the Workspace moves to the Free Plan. This does not restrict the effects of withdrawal, complaints or other statutory grounds for ending the agreement. Free trial and withdrawal rules are set out in section 7 and paragraph 6 below.
Free trial. The free trial described in this paragraph applies only to purchases directly on the Operator's website. App Store and Google Play purchases do not include a free trial and are payable from the time of purchase. The Starter and Growth plans come with a 14-day free trial when the monthly billing period is selected; annual plans are a normal purchase from day one. Starting it requires a connected professional Instagram account and payment-card details; nothing is charged during the trial. Switching to annual billing during the trial does not shorten it or bring the first charge forward. If you do not terminate before the trial ends, the plan becomes paid and the card is charged the price of the chosen plan and billing period, renewing automatically as in the previous point. We email you before the trial ends with the date and amount of the first charge. Cancelling during the trial keeps the plan's features until its last day and then moves you to the Free plan, at no cost. The trial is available once per Account, per Workspace and per connected Instagram account.

6. Payments, invoices, limits

Stripe processes payments for purchases directly on the Operator's website. The Operator issues accounting documents for those purchases; inFakt and KSeF may be used as required by applicable law. Payments for in-app purchases are handled by the relevant store under paragraph 8.
The subscription fee is charged in advance for the billing period. Failed payment may result in suspension or restriction of access.
Active contacts. An active contact is a person to whom an automation sent at least one message in a given monthly limit period. Further messages to the same person in that period do not count again. Monthly limit periods apply also when the Plan is paid annually. The start and end of the current period are shown in the Workspace panel.
On reaching the limit: a hard cap applies on all Plans — free and paid, billed monthly and annually alike. Once the Plan's monthly limit is used, new active contacts are served from the available balance of Contact Packs (paragraph 13). If the Workspace has no such balance or uses it up, automations stop covering new people until the monthly allowance renews, the limit is raised by a Plan change, or a Pack is bought; we do not guarantee that events skipped in the meantime will be answered later. Reaching the limit or balance does not interrupt automations already started for contacts counted in the current period (including follow-up messages, where the Plan includes that feature) — their delivery is subject to the Platforms' rules, service availability and the recipient's choices, including opting out of messages. This does not extend rights ended by withdrawal or termination. Manual handling remains available as provided for in the Plan. The Operator never charges automatically for exceeding the limit; a Contact Pack is a separate, voluntary purchase paid in advance. We notify you at approximately 70%, 90% and 100% of the Plan's monthly limit; the remaining Pack balance is shown in the panel.
Changing Plans. Before a Plan change is confirmed, we present its effective date and billing arrangements, including any charge associated with the change and the next renewal price and date, as applicable to the selected channel. The change requires the User's confirmation. For website purchases, an upgrade takes effect immediately. The additional charge for the rest of the current period is the proportional difference between the two Plan prices and is documented by an invoice. Downgrades and billing-period changes take effect at the end of the current period. A billing-period change during a trial takes effect after the trial and does not shorten it. For in-app purchases, the effective date and settlement method follow the terms presented through the relevant store's change process. The store handles additional charges, refunds or billing-date changes for that transaction. The website additional-charge formula and Operator invoice rules do not apply. The Operator confirms the agreed change to the Services by email.
Effects of a downgrade. Before you confirm a downgrade we show the date of the change, the new Plan's limits and the features that will no longer be available. From that date: (a) if the new Plan does not include webhooks, we stop sending new events to them — the integration configuration is kept and works again once you return to a Plan with webhooks, but events from the paused period are not sent later; Google Sheets export works within the new Plan; (b) team members added earlier keep their access, and no new invitations can be sent while the number of members exceeds the new Plan's limit; (c) the “Powered by CommentTap” badge returns on campaign pages (landing pages) if the new Plan does not remove it; (d) the other limits of the new Plan apply. A downgrade does not delete any data or settings.
Billing documents for the Operator's direct sales are provided electronically in accordance with applicable law, including KSeF requirements. Where consent to electronic invoices is required, the User gives that consent. Purchase documents for in-app transactions are provided through the relevant store; their type and available details depend on its procedure and applicable law. The Operator does not issue an additional invoice for a transaction for which the store is the seller.
In-app purchases. In-app purchases are made through Apple App Store or Google Play, for the offers made available in the given store and region. The identity of the entity contracting for the store transaction and its obligations follow from the information shown before purchase, the relevant store's terms and the transaction confirmation. The Operator remains the provider of CommentTap and is responsible for its own obligations. The Plan — and, once such an offer is available, a Contact Pack — is assigned to the Workspace shown before purchase. Its owner makes the purchase in their own name or for an entity they are authorised to represent. The scope of the service, the price, currency and taxes are shown before ordering; differences between the store offer and the website offer are shown before purchase. Store payment history, renewals and available subscription changes are managed through the store's procedures. A one-off Pack does not renew. Withdrawals and complaints are handled under sections 7 and 13. Store procedures do not limit the User's statutory rights or the Operator's liability for its own obligations.
Territorial limit on purchases through the Service. Plans cannot be purchased through the Service by Users whose business or residence is in the United Kingdom or in the Canadian provinces of Québec and British Columbia. They may purchase a Plan in the mobile app (Apple App Store, Google Play). Exception: UK VAT-registered businesses may purchase a Plan through the Service by providing their UK VAT number before payment; the Operator may verify the number with HMRC. Before payment, the User states the country (and, in Canada, the province) of their business or residence. The restriction on sales through the Service is due to tax reasons (tax registration thresholds in those jurisdictions); for in-app purchases, tax is handled by the relevant store. In-app purchasing is available only in the countries and regions where the relevant offer has been made available. It does not exclude mandatory laws protecting the User. The restrictions on purchases through the Service in this paragraph also apply to Contact Packs. Packs can be bought in the app only once the relevant offer is available in the given store and region.
Price changes. Price changes do not affect a paid period. We will notify you by email of a proposed new price for future periods at least 30 days before it applies. For Consumers and PNPKs, we will apply a higher price only after obtaining express acceptance. For store purchases, acceptance may be given through the store if it covers the specific new price. Notice alone or a failure to object is not acceptance. If the store procedure cannot ensure these conditions, we retain the existing subscription price. For direct purchases from the Operator, failure to provide the required acceptance means that the Plan ends when the paid period expires and the Workspace moves to the Free Plan, without a charge at the higher price. A User who is neither a Consumer nor a PNPK may terminate before the new price takes effect, with termination effective at the end of the current period. Statutory rights remain unaffected in every channel.
One billing channel. A Workspace may have one active paid subscription in one billing channel. A channel change is possible after the entitlement under the previous subscription ends, not merely after auto-renewal is turned off. If safeguards fail and a duplicate purchase occurs for the same Workspace, we will notify the User and maintain the existing correctly functioning subscription while resolving the issue. For an accidental duplicate purchase directly from the Operator that provides no additional service, we will stop further charges and refund the full amount charged for that purchase within 14 days of identifying the collision. This will not alter the scope of the original Plan. For a store duplicate, we will help stop renewals and settle the purchase with the relevant store. If the additionally paid service is not provided, we will ensure a full refund for that unprovided purchase, from our own funds where necessary, within 14 days of confirming the collision. Using a different refund method requires the User's express agreement and must not cause them any costs. The same payment is not refunded twice. This paragraph does not restrict withdrawal or complaint rights.
iOS app licence. The licence for the application downloaded from the App Store is governed by Apple's Standard Licensed Application End User License Agreement. These Terms govern the CommentTap service and do not replace that licence with a custom EULA. The User's mandatory rights remain unaffected.
Contact Packs. (a) A Contact Pack is a one-off paid pool of additional active contacts, used after the Plan's monthly limit runs out. Before purchase the Operator shows the number of units, the total price, the currency, the usage rules and the Workspace the Pack will be assigned to. A Pack does not renew. A Pack purchase on the website is concluded when the order is successfully paid. (b) A Pack may be bought by the owner of a Workspace with an active paid Plan, acting in their own name or for an entity they are authorised to represent. The Pack is assigned to the Workspace shown before purchase and cannot be moved to another Workspace. (c) A Pack has no expiry date; unused units do not lapse with time. Settlement at the end of the agreement follows point (i) and the applicable law. (d) The Plan's monthly limit is used first, then Packs in the order of purchase. One Pack unit covers the service of one additional active contact from the moment it is counted in a given monthly period — that is, when the first automated message to that person in the period is accepted for sending — until the end of that period. The end of the period assigned to a unit does not change because of a later Plan change. Further messages to the same person in that period do not use further units; in the next period the same person may be counted again. The service is provided within the current Plan's features and under the Terms; a Pack does not guarantee any number of messages or any recipient response. (e) Downgrading the Plan, including moving to Free, does not forfeit the unused balance. A Pack provides only an additional pool of active contacts and does not keep the previous Plan's features. This does not exclude the effects described in point (j). (f) A Pack bought directly from the Operator is documented under the applicable law and paragraphs 1 and 7. The Operator sends a confirmation of the agreement on a durable medium without undue delay after it is concluded; it includes the purchase terms, the Terms, information on the right of withdrawal and its effects, the withdrawal form and the statement on the start of the service. (g) A Consumer or PNPK may withdraw from a Pack purchase within 14 days of its conclusion, subject to section 7. Packs are offered with the service starting before that period ends, at the User's express request. Where the statutory conditions for settling a service started before the end of the withdrawal period are met, the refund is reduced by the value of the part of the service performed up to the withdrawal. The value of one unit is the Pack price divided by its number of units. Units whose service has ended are settled in full. For a unit whose service has started but not ended, the ratio of the time from the start of its service to the withdrawal to the whole time from the start of that service to the end of its monthly period is applied. No fee is charged for units not started. The settlement takes into account effective price reductions and earlier refunds of the price, without reducing the same amount twice; separate compensation is not set off against the refund of the price. The Operator provides the User with the calculation. If the law excludes payment for the part performed or provides for a more favourable settlement, the law applies. The service under a Pack is fully performed only once all its units are used and the service of all contacts they cover has ended; in that case the right of withdrawal does not apply if, before the service started, the User gave express consent to its performance, was informed of losing the right upon full performance and acknowledged it. A zero balance alone is not full performance. This provision does not extend the statutory withdrawal period until the Pack is used. (h) Withdrawal ends the rights under the Pack concerned, including the use of its remaining balance. It does not delete the Account or rights under other purchases and does not create a negative balance; the Operator does not charge another Pack to cover the use of the Pack withdrawn from. The effect of any other refund depends on its basis: a mere price reduction or compensation for defective service does not reduce the balance; an agreed cancellation of part of the purchase reduces the balance to the agreed extent; termination of the Pack agreement ends further use of that Pack. This does not limit complaint rights under section 13. (i) When the Workspace is permanently closed — including by deleting the Account, termination, ending the use of an inactive Account or the Operator permanently ending the Service — the Operator settles the unperformed part of paid Packs. The refund covers units not started and the unperformed part of the service of started units; the amount is calculated by the method in point (g), as at the end of the service under the given Pack, without prejudice to more favourable statutory rights. This additional right also applies to Users who are neither Consumers nor PNPKs. The refund is made without undue delay, within 14 days of the end of the agreement for the Pack, as a rule using the original payment method; another method requires the User's express agreement and must cause them no costs. Merely removing a team member or changing the owner without closing the Workspace does not trigger this settlement. (j) If a Pack purchase is an ancillary agreement linked to a Plan agreement within the meaning of Art. 37 of the Polish Consumer Rights Act, withdrawal from the Plan agreement has the effects provided for in that provision: the Operator ends the rights under such a Pack and settles it under point (g), within the limits allowed by law. Merely turning off renewal, downgrading the Plan or moving to Free does not end a Pack; withdrawal from a Plan does not automatically end Pack agreements that are not ancillary agreements linked to it.

7. Right of withdrawal (Consumer and PNPK)

A Consumer or PNPK may withdraw from a distance agreement within 14 days of its conclusion, without giving a reason and at no cost, subject to the settlement of Contact Packs and the conditions for losing the right of withdrawal set out in section 6(13)(g). The day of conclusion is not counted; if the last day falls on a Saturday or a public holiday, the period ends on the next day that is neither a Saturday nor a public holiday. It is enough to use the “Withdraw from the agreement” button in the Service (after signing in), in Settings → Billing (available for the whole period, also after turning off renewal; a confirmation with the content of the statement, the date and the time is emailed) or to send an unambiguous statement by email to support@commenttap.com or in writing to the Operator's address. Deleting the Account does not take away the right of withdrawal: until the deadline the statement can be sent by email or in writing, without an active Account. You may use the withdrawal form template (optional). Sending the statement before the deadline is sufficient. This does not limit a longer period provided by law, in particular where the information on the right of withdrawal was not given, or the protection of mandatory provisions applicable to the Consumer.
A paid-Plan agreement is concluded when the Plan is purchased or the free trial starts. With a trial you conclude one agreement covering the trial and the paid periods that follow it, whose price, frequency and first payment date we present before the order. The withdrawal period runs from the conclusion of that agreement. Taking the previously agreed fee after the trial or the start of the next billing period of the same agreement does not start a new period. This does not exclude rights arising when a new agreement is concluded or the consequences of missing required information. The right of withdrawal and free cancellation during the trial are separate rights. For in-app purchases, the withdrawal period for the CommentTap service agreement starts when that agreement is entered into upon a successful Plan purchase. Rights relating to the separate store transaction follow applicable law and the store's terms. Automatic renewal of the same Plan does not itself start a new withdrawal period unless the law applicable to that agreement provides otherwise.
Following a valid withdrawal by a Consumer or a PNPK from a Plan agreement, we ensure a full refund of the payment for that agreement, without the Operator deducting a charge for use of the Services. The refund for a Contact Pack is determined under section 6(13)(g). The refund is made without undue delay and within 14 days after the Operator receives the withdrawal, subject to paragraph 6 on store payments. The original payment method is used unless the User expressly agrees to another method that causes them no costs. Access under the agreement concerned ends as a result of withdrawal.
Withdrawing from the paid-Plan agreement does not delete the Account: the Account continues under the Free-plan agreement concluded when it was activated, within that Plan's limits. You may also end the Account agreement and request deletion of your data (section 12). Accepting your withdrawal does not depend on agreeing to keep using the Free plan.
The right of withdrawal does not apply to entrepreneurs other than PNPKs.
In-app purchases (Apple App Store, Google Play). A withdrawal relating to an in-app purchase may be submitted to the Operator in the Service after signing in — using the “Withdraw from the agreement” button in Settings → Billing — or by email or in writing as described in paragraph 1; contacting the store first or a prior store refusal is not required. A refund may also be requested from the relevant store through its procedure: Apple, Google Play. We will acknowledge receipt and help identify the transaction. We first use the store's procedure to arrange refunds of store payments. If the full refund for a Plan due under paragraph 3 is not completed through that procedure within the deadline, the Operator provides the missing amount from its own funds. This is an additional commitment by the Operator to Consumers and PNPKs, independent of statutory claims against the store. This additional full-refund guarantee applies to Plans only; it does not exclude or limit the Operator's statutory obligations or its other express commitments regarding Contact Packs. A different refund method requires the express agreement described in paragraph 3. Store commission does not reduce the amount due to the User. The same payment is not refunded twice. Please inform us of a later store refund for a payment already settled so that any overpayment can be resolved. A refund outside the store does not automatically turn off store renewals; we provide instructions and take the steps available to us to prevent further charges. This paragraph does not restrict complaints or statutory liability for the service.
Contact Packs — withdrawal. Each Contact Pack purchase is a separate agreement with its own withdrawal period. The rules on submitting statements and the time and method of refund in paragraphs 1 and 3 apply to Packs, subject to section 6(13)(g). The statement can be submitted with the “Withdraw” button next to the specific purchase in Settings → Billing, by email, in writing or in any other legally effective way. We confirm receipt of an electronic statement by email without undue delay; information on the refund — with the calculation — follows separately. This does not limit separate complaint rights under section 13.

8. Obligations and acceptable use

The User agrees to use the Service lawfully, in good faith and in accordance with these Terms and the Platforms' terms and policies (in particular Meta Platform Terms, Instagram Community Guidelines, messaging rules).
Prohibited in particular: sending spam and unsolicited communication, breaching Platform anti-spam limits, manipulating reach, impersonation, collecting data without a legal basis, and using the Service for unlawful, offensive or infringing content.
The Service is for lawful communication and marketing campaigns, including obtaining consents from Contacts where required.
The Operator may apply safeguards (limits, cooldowns, exclusion lists) to ensure Platform-policy compliance and prevent abuse.
Reporting illegal content. Any person or entity may report content available in the Service or on a public page created in the Service (e.g. a campaign or giveaway page) that they consider illegal or contrary to the Terms — by writing to support@commenttap.com. The notice should include: the reasons, the exact address (URL) of the content, the name and email of the reporter (except for notices concerning child sexual abuse) and a statement of good faith. Without undue delay we confirm receipt of the notice where we have the reporter's electronic contact. We inform you of the decision taken and the available means of redress: the information states the measures applied, the main reasons for the decision and how to use the relevant remedy — a re-review (by replying to our message within 6 months) and the courts. We will say if automated means are used.
Moderation. The Operator handles notices promptly, diligently and objectively, by a human (no automated moderation tools). In case of a violation the Operator may remove or disable the content, pause a campaign, or suspend sending or the Account. The User receives by email a statement of reasons (facts and circumstances, legal or contractual basis, scope including territorial scope, and duration) together with information on available redress — the decision can be contested by replying to that email within 6 months, and we review it again impartially. The User may also go to court.
Point of contact for Member State authorities, the European Commission and recipients of the service (Articles 11 and 12 of the Digital Services Act): support@commenttap.com; communication in Polish or English.
Technical limits and high-traffic handling. (a) The total number of campaigns in a Workspace, including active campaigns, paused campaigns and drafts (archived campaigns do not count), depends on the Plan and is up to: Free — 50, Starter — 200, Growth — 600, Business — 2,000, Scale — 5,000. Once the limit is reached, space must be freed before another campaign can be created or restored from the archive. The Free Plan additionally allows up to 5 active campaigns. (b) Each Workspace allows up to 60 campaign creations and 120 campaign status changes per clock hour. Once a limit is reached, the relevant operation is temporarily unavailable and the Service indicates when it can be retried. (c) The automated direct-message limit per Workspace, counted over the last (rolling) hour, is: Free — 50, Starter — 1,000, Growth — 2,000, Business — 4,000, Scale — 8,000. It does not apply to public comment replies or to messages sent manually. These figures are sending limits, not guaranteed throughput. The monthly active-contact limit applies independently. (d) Messages exceeding the limit in point (c) are queued and sent later. During high traffic, Workspaces with lower traffic over the preceding 10 minutes may receive priority. When usage of the Platform's shared API allowance is high, the Service may temporarily slow down sending, starting with the Workspaces accounting for the largest share of that usage. These measures protect Service availability and are applied only to the extent necessary for that purpose. (e) If documented congestion threatens Service availability or exhaustion of the Platform's shared API allowance, and the measures in point (d) are insufficient, the Operator may temporarily assign the lowest sending priority to a Workspace contributing to that threat and reduce its limit under point (c) to 25%. The restriction must be proportionate, ends when its cause ceases and may not last longer than 24 hours in total for the same incident. It is not used to permanently reduce Plan features or to replace the contract amendment procedure. (f) The Operator promptly notifies the User of a restriction under point (e) by email and within the Service, stating its reason, scope, expected duration and how to request a review (by replying to the message or at support@commenttap.com). Measures taken because of a breach of these Terms are subject to paragraph 6. (g) Queueing may delay sending. A message will not be sent if the Platform's permitted sending window expires before it is sent. This provision does not exclude or limit the Operator's statutory liability for conformity of the Service with the contract. (h) These measures do not result in additional charges. The limits set out in this paragraph are changed under section 15 or by agreement with the User; updating the pricing page or information within the Service does not by itself change an existing contract.

9. User content and data

The User retains rights to the content they provide (campaign materials, PDFs, links, texts).
The User grants the Operator a non-exclusive licence to process that content to the extent necessary to provide the Services (hosting, display, delivery to Contacts).
Data protection is described in the Privacy Policy. Where the User processes Contact data through the Service, the Operator acts as processor under the data processing agreement (DPA), an attachment to these Terms.
Brand privacy notice. On the User's instruction the Operator prepares and publishes a notice for Contacts (Art. 13 GDPR) based on the controller details and features approved by the User; launching a campaign with a new feature is an instruction to update the notice. The User is responsible for the controller's identity and details, purposes pursued outside the Service, its own data recipients and keeping the notice up to date, and — when acting for a client (e.g. as an agency) — for holding the authorisation. Where the User links its own privacy policy, it is responsible for its scope and availability. The Operator is responsible for accurately reflecting the approved configuration in the published notice.

9a. Artificial intelligence (AI) features

Selected Plans include optional AI features that help prepare or edit message texts and post captions. These features use models from external providers (Google Gemini, OpenAI), listed in the Privacy Policy. AI classification of comment intent is not currently available.
AI-generated output may be inaccurate, incomplete or inappropriate. Suggestions are proposals: the User reviews and approves the content before saving a campaign and is responsible for the content sent to Contacts, including its compliance with law and Platform terms.
AI feature buttons are marked in the Service. Their results are not used for decisions producing legal or similarly significant effects for anyone.
The Operator does not use User content or Contact data to train AI models. Where the law requires informing recipients about AI-generated content, the User is responsible for doing so.

10. Dependence on Platforms (Meta/Instagram)

Integration features rely on Platform APIs and are subject to their rules, limits and review processes (e.g. Meta App Review).
The Operator is not liable for Platform changes, restrictions, outages or decisions (including suspension of API access or blocking of a User's Platform account) beyond its control.
The User is solely responsible for the compliance of their activities with Platform terms.
The dependence of features on Platforms does not limit the Operator's statutory liability towards Consumers and PNPKs for the conformity of the digital service with the contract. If a Platform restriction makes conformity impossible, the User may use the remedies described in section 13, including — where the statutory conditions are met — a price reduction or withdrawal from the agreement.

10a. Giveaway campaigns

The Service provides features for running giveaway campaigns: collecting participant entries, gathering email addresses and documenting the selection of winners by the criteria in the giveaway rules. The Operator provides a technical tool only.
The User is the sole organiser of any contest run through the Service and bears full responsibility for its legality, in particular: distinguishing the contest from a game of chance or lottery within the meaning of the Polish Gambling Act, tax obligations related to prizes, obligations toward participants under the GDPR (legal basis, information duties, consents), and compliance with Platform terms, including Meta Platform Terms and promotions guidelines.
The Operator is not the organiser of the contest, the promisor of any prize, nor a party to the legal relationship between the User and participants; it is not responsible for awarding prizes, their quality, or resolving disputes with participants.
The winner draw feature is not currently available. The available mechanism is not used for random selection of winners; the User decides on the rules for selecting and verifying winners according to the judging criteria in the contest rules.
Launching a giveaway campaign in the Service requires making the contest rules available to participants. They should state the organiser, conditions of participation, prizes, dates and the actual judging criteria. Calling a promotion a contest does not by itself determine its legal classification; reminders in the Service are informational.
Promotions run on Meta/Instagram Platforms are not sponsored, endorsed or administered by Instagram/Meta, nor associated with them; the organiser is the User, who agrees to include an appropriate notice in contest communications.
The User is liable for infringements related to the contest it organises under the applicable law. This provision does not release the Operator from liability for its own acts and omissions, nor does it shift costs to a Consumer or PNPK regardless of the statutory conditions of liability. A User who is neither a Consumer nor a PNPK compensates the Operator for damage resulting from that User's culpable breach of law or the Terms in connection with the contest, up to documented damage and reasonable defence costs.

11. Liability and availability

The Operator provides the Services with due care, aiming for high availability, but does not guarantee a specific availability level and reserves the right to technical breaks and maintenance. The Operator does not currently offer a separate SLA and provides the Services on a best-effort basis; an SLA may be offered for higher Plans under a separate agreement.
Toward Users who are neither Consumers nor PNPK, the Operator's liability is limited to actual documented losses, excluding lost profits, up to the total fees paid by the User to the Operator in the 12 months preceding the event giving rise to liability (for the free Plan — up to PLN 500). These limitations do not apply to Consumers and PNPK to the extent they would be impermissible.
The limitations of liability do not cover damage caused intentionally or other cases where such limitation is prohibited by law, and do not limit the rights of data subjects under Art. 82 GDPR.
The Operator is not liable for the consequences of a User's actions that are unlawful or contrary to Platform policies.

12. Termination and account deletion

The User may turn off automatic renewal at any time: in the Service's billing settings (“Manage billing”) for website purchases, or in the relevant store settings for in-app purchases, taking account of the deadline shown during purchase for avoiding the next renewal. Turning off auto-renewal preserves access until the paid period ends, after which the Workspace moves to the Free Plan. It is not a withdrawal from the agreement or a complaint.
Deleting an Account ends that person's access to the Services. It does not by itself delete other persons' Workspaces or end the agreement of a represented entity: we delete the Workspaces in which the User is the only member, together with their data, and the User is removed from other Workspaces. The owner of a Workspace that has other members transfers the owner role to another member before deleting the Account. Before deletion is confirmed, we explain its effects on Workspaces and active Plans. If deletion ends use of an active Plan paid for directly on the Operator's website, we refund the proportional fee for the unused period; the amount is shown before confirmation. This additional right also applies to Users who are not Consumers. We make the refund without undue delay and no later than 14 days after the agreement ends, as a rule using the same payment method. A failure of the automatic refund does not affect the entitlement to the refund or this deadline. A trial without payment leaves nothing to refund. That voluntary proportional refund does not apply to App Store or Google Play purchases. Rights under section 7 and statutory claims, including those for a lack of conformity of the Services (section 13), remain unaffected. Before an Account with a linked store subscription is deleted, we show its status, explain that charges may continue and provide a way to turn off renewal. Account deletion alone does not confirm cancellation of the store subscription. The ability to delete the Account is not conditional on waiting until the paid period ends. If you want to use the Plan until the end of the paid period, you can turn off renewal instead of deleting the Account.
The Operator may terminate or suspend access in case of a material breach of the Terms, law or Platform policies, after prior notice where possible and justified.
Free-plan Accounts with no sign-in and no live campaigns for 24 months are included in a retention review. We notify you of the planned end of the agreement and deletion of data at least 30 days in advance; during that time you can keep the Account by signing in or export your data. After that we delete operational data unless there is a specific, documented basis for keeping it. To assess activity we record the date of your last visit to the Service.
After the agreement ends, data is deleted per the Privacy Policy; the User should export needed data within 30 days of termination, after which data is deleted or anonymised.
If the end of the agreement leads to the Workspace being permanently closed or to the end of the service under Contact Packs assigned to it, the Packs are settled under section 6(13)(i). This also applies to termination for the reasons in paragraphs 3 and 4 and under the procedure in section 12a. The exclusion of the voluntary refund for a store subscription in paragraph 2 does not exclude the separate settlement of Packs or statutory rights.

12a. Switching providers and data portability

The User may request switching to another data processing service provider, porting exportable data and digital assets to its own infrastructure, or their erasure (Regulation (EU) 2023/2854 — the Data Act, Chapter VI). Requests are sent by email to support@commenttap.com. We confirm receipt and agree the start date of the switch; the notice period will not exceed two months. We do not require deleting the Account as a way of requesting a switch.
The standard transitional period lasts no longer than 30 calendar days after the notice period ends. During it we provide reasonable assistance, due care, security and continuity of the Services to the extent required by law. If the statutory conditions of technical unfeasibility of that period are met, we apply only the procedure, justification and limits set out in the Data Act; the User may request an extension of the transitional period in line with that Regulation.
End of the agreement. The agreement for the service being switched ends once the switch has been successfully completed; we confirm the end to the User by email. If the User chooses to end the service and erase the data without porting it, the agreement ends after the notice period unless an earlier date is agreed. During the procedure we suspend automatic deletion of the data covered by the switch.
Extending the transitional period. If completing the switch within 30 days is technically unfeasible, we notify the User within 14 working days of receiving the request, giving reasons and an alternative transitional period of no more than 7 months. The User may extend the transitional period once by a period it considers appropriate (Art. 25(5) of the Data Act).
After the switch is completed we provide at least 30 days to retrieve the exportable data and assets. We then erase them in line with the confirmed scope, the data processing agreement and legal obligations. An earlier clear instruction to erase is carried out after explaining its impact on the ability to port the data.
Free interfaces. The interfaces and documentation needed to port the exportable data (the JSON and CSV exports described below, material files) are available free of charge to all Users and to destination providers they authorise, regardless of the Plan. This does not require buying access to the commercial API.
Catalogue of exportable data (input data, output data and metadata): Account profile and memberships; Workspaces and controller details; connected Instagram accounts (without access tokens); campaigns with their triggers, message variants, follow-ups and settings; materials (PDFs and other files); campaign pages (landing pages); links; brand-style profile, content snippets, saved replies and tags; integration configurations (without secrets); Contacts (leads) with fields, tags and notes; Contacts' marketing consents and the opt-out register; publications; invoices and subscription history; records of accepting the Terms.
Formats and interfaces: account data export in JSON (Settings → Your data → “Download my data”), Contacts export in CSV (Leads → “Export CSV”), material files in their source format; ongoing data flow through webhooks and integrations and — on Plans that include it — the public API. Excluded from porting are CommentTap's code and models, access tokens and secrets (credentials — generate new ones with the new provider) and other users' data; these exclusions do not prevent an effective switch.
Known limitations. Instagram connections and access tokens cannot be ported — the Instagram account has to be connected at the new provider, which obtains its own access from Meta; conversation history covers the messages stored in the Service, not the whole Instagram inbox; content that Meta keeps only on its side is retrieved from Instagram. Data is subject to the shortened retention periods described in the Privacy Policy (section 9) — an export covers the data existing when it is made.
Infrastructure and access by third-country authorities (Art. 28 of the Data Act). We publish the location of our infrastructure and providers on the Subprocessors page. We use encryption in transit and at rest, access controls and agreements with providers. We comply with a third-country authority's request concerning non-personal data only within the limits of Art. 32 of the Data Act and — unless prohibited — inform the User before complying.
We charge no fees for the switching process itself or for exports under this procedure. Fees for the Services until the end of the agreement are settled under the Terms; we do not charge the User any additional penalty for exercising the right to switch.

13. Complaints

Towards Consumers and PNPKs the Operator is liable for the conformity of the digital service with the contract throughout its supply and provides the updates needed to keep it in conformity, including security updates.
Complaints can be sent by email to support@commenttap.com, by phone (+48 573 210 950) or in writing to the Operator's address, describing the problem and the Account concerned. We do not require data that is not needed to handle the complaint.
In case of non-conformity a Consumer or PNPK may demand that the service be brought into conformity — free of charge, within a reasonable time and without significant inconvenience. The Operator may refuse if this is impossible or would involve disproportionate costs within the meaning of the law. A price reduction or withdrawal is available in the cases set out in Art. 43n of the Polish Consumer Rights Act, in particular where bringing into conformity is impossible or disproportionately costly, the Operator has not brought the service into conformity, the non-conformity persists despite an attempt to fix it, or it is serious enough to justify immediate use of these remedies. For a paid service, withdrawal is not available if the non-conformity is minor.
We reply to complaints on a durable medium (by email) within 14 days of receipt. Failure to reply within that time means the Consumer's complaint is accepted; the Operator applies the same standard to PNPKs. Refunds due are made without undue delay and no later than 14 days after receiving the Consumer's statement.
Failure to supply the service. If we fail to supply the digital service, a Consumer or PNPK may call on us to supply it. If we do not supply it without undue delay or within an additional, expressly agreed period, they may withdraw from the agreement. In the cases set out in Art. 43j of the Polish Consumer Rights Act, withdrawal is possible without a prior call.
After withdrawing for these reasons, on request we make available the content to be returned under Art. 43o of that Act — free of charge, within a reasonable time and in a commonly used, machine-readable format, subject to the statutory exceptions. This does not depend on keeping a paid subscription.
In-app purchases. Complaints about the performance or conformity of CommentTap may be submitted directly to the Operator (paragraph 2), including after an App Store or Google Play purchase. Using a store procedure is not a condition for the Operator to consider a complaint. Paragraphs 1–6 apply to such complaints, including the rights in paragraph 3 and the response time in paragraph 4. Rights against the store remain unaffected.

14. Out-of-court dispute resolution (Consumer)

A Consumer may use out-of-court dispute resolution (ADR), e.g.: mediation via the Provincial Inspectorate of the Trade Inspection or a permanent consumer arbitration court at the Trade Inspection; free help from the district (municipal) consumer ombudsman; information on the website of the Office of Competition and Consumer Protection (UOKiK): uokik.gov.pl.
Using ADR is voluntary and depends on both parties' agreement.
The EU online dispute resolution (ODR) platform ceased operation on 20 July 2025 and is no longer available; these Terms contain no reference to it.

15. Changes to the Terms

The Operator may change the Terms only for valid reasons: a change in law or a decision of an authority binding on the Operator, a change in Platform requirements or APIs to the extent it affects the Services, removing a documented security threat to the Services, or introducing new features. The scope of a change must match its reason; introducing new features does not entitle the Operator to reduce the features of a paid Plan.
We inform you of a change to the Terms and its reasons by email, providing the content of the changes and the effective date, at least 14 days in advance. Changes do not affect rights acquired for a paid period or rights under Contact Packs already bought; in particular, they do not introduce an expiry date for their unused balance.
A change to the digital service going beyond keeping it in conformity happens only for the reasons above and at no extra cost to Consumers or PNPKs (Art. 43p of the Polish Consumer Rights Act). If a change negatively affects access to or use of the digital service more than marginally, we inform you of it, its timing and your rights reasonably in advance on a durable medium. Consumers and PNPKs may terminate the agreement without notice within 30 days of the change or of being informed of it, if that happened later, with a proportional refund for the unused period (Art. 43q of the Polish Consumer Rights Act). We apply the exception in that provision where we keep the unchanged, conforming service available at no extra cost. If the termination covers a Contact Pack agreement, its settlement includes the unperformed part of the service under section 6(13)(i), without prejudice to more favourable statutory rights.
A User who is neither a Consumer nor a PNPK and does not accept a change may terminate the agreement with effect at the end of the billing period.

16. Governing law and jurisdiction

The governing law is Polish law, subject to the mandatory consumer-protection rules of the Consumer's country of habitual residence.
Disputes with Users who are neither Consumers nor PNPKs are settled by the court competent for the Operator's seat. Disputes with Consumers and PNPKs — by the court competent under general rules.

17. Final provisions

Matters not covered are governed by Polish law (Civil Code, the Act on Providing Services by Electronic Means, the Consumer Rights Act, GDPR).
Attachments: (a) Privacy Policy, (b) Data Processing Agreement (DPA) with the subprocessor list, (c) withdrawal form template.
This version of the Terms applies from 23 October 2026.