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Service and subscription terms

Effective from: 25 August 2026

§1. General provisions

  1. These terms and conditions set out the rules for using theswarm.pl (the "Service") and for the provision of services under The Swarm subscription.
  2. The service provider is BIG GROWTH Spółka z ograniczoną odpowiedzialnością, ul. Lipowa 3D, 30-702 Kraków, Poland, NIP: 6793284750, REGON: 527118883, KRS: 0001073383 (the "Service Provider").
  3. Contact the Service Provider at [email protected], by phone at +48 452 476 070, or by post at ul. Lipowa 3D, 30-702 Kraków, Poland.

§2. Nature of the services

  1. The Swarm is a consulting and implementation service provided on a subscription basis. As part of it, the Service Provider designs and implements AI agents, automations and internal systems in the Client's business, and monitors and maintains the implemented solutions.
  2. The services are intended exclusively for entities conducting business activity (B2B).
  3. All prices shown in the Service are net prices stated in Polish zlotys (PLN). VAT at the rate of 23% is added to the net price. All payments are made in PLN.
  4. The services are delivered using bespoke code and integrations with the Client's tools (including CRM systems, telephony and calendars). At the Client's request, implementation may also be carried out on external platforms designated by the Client.
  5. The services are intangible and provided electronically (remotely). They are not subject to export restrictions or other legal restrictions known to the Service Provider. The Service does not offer goods or services excluded from payment operators' services.

§3. Subscription, payment methods and refunds

  1. The Swarm subscription is a recurring service. The fee is 4 900 PLN net per month, i.e. 6 027 PLN gross at the VAT rate of 23%, and is charged in advance at the start of each billing period. The price in force when the Agreement is concluded will not increase for the duration of the subscription; price-list changes apply only to Agreements concluded after they are introduced. The price guarantee expires if the Client is more than 7 days late in paying the amount due on the billing document, or if the Agreement is concluded again after cancellation; from then on, the current price applies.
  2. The Client places an order in the Service using the “Join The Swarm” form: the Client provides company details and an email address, accepts these terms, confirms the order summary and proceeds to payment.
  3. Starter plan. The Service Provider may invite the Client to enter into an Agreement under a starter plan by providing an individual order link. Under this plan, the first billing period lasts 14 days and the fee for that period is half the price specified in paragraph 1, rounded up to the nearest full hundred. The starter plan is available only to Clients who have not previously paid for any billing period and may be used once only. Each subsequent billing period is charged under the general rules set out in paragraph 1. The satisfaction guarantee referred to in §6 does not apply to the starter plan.
  4. Billing documents and payment methods. Payment for the first billing period is made in advance against a pro forma invoice—the service starts once the payment is credited. For each subsequent period, the Service Provider issues a VAT invoice on the first day of that period, payable within 7 days; the service continues without interruption during that time. The Client may pay by:
    • BLIK,
    • payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro,
    • instant online transfer (pay-by-link),
    • ordinary bank transfer to the account stated on the billing document.
    Online payments are handled by mElements S.A. (Paynow), ul. Prosta 18, 00-850 Warszawa, Poland, KRS 0000590484. Autopay S.A. (ul. Powstańców Warszawy 6, 81-718 Sopot, Poland, KRS 0000320590) provides online payment processing for card payments. Service delivery begins once the first payment is credited.
  5. The subscription renews automatically for subsequent billing periods unless cancelled beforehand.
  6. Cancellation and pause. The Client may pause or cancel the subscription in the account panel or by email, without giving a reason or serving a notice period. The effect depends on when the request is received:
    • no later than the day before the next billing period begins—the Service Provider will not issue an invoice for that period, and cooperation ends at the close of the current period;
    • after an invoice for the next period has been issued (that is, from the first day of that period)—the invoice remains payable, the service is provided throughout the period it covers, and the Agreement ends at the close of that period. No further invoices will be issued.
    The Client can see the deadline for the current period in the billing section of the account panel. During a pause, unused days remain available for future use; a pause can be activated only before an invoice for the next period is issued.
  7. Non-payment. If an invoice is not paid by its due date, the Service Provider sends reminders and, if payment remains outstanding for 7 days after the due date, may suspend work on new requests until payment is made. Previously implemented solutions continue to operate unchanged during the suspension. Suspension does not release the Client from the obligation to pay the issued invoice or extend the paid billing period. Work resumes promptly once payment is credited.
  8. Except for the guarantee referred to in §6 and withdrawal from the Agreement referred to in §4, fees for billing periods that have started are non-refundable.
  9. Refund rules. The Client is entitled to a refund in the following cases:
    • withdrawal from the Agreement within 14 days—only if the Client is a consumer or a natural person conducting business activity and the Agreement is not of a professional nature for that person (§4(3)). The amount paid is refunded less the remuneration for work performed up to the date of withdrawal;
    • satisfaction guarantee—a refund of 3/4 of the fee for the first billing period under the rules described in §6;
    • excess or undue payment—a refund of the overpaid amount;
    • accepted complaint where the outcome is a refund (§9).
    In all other cases, fees for billing periods that have started are non-refundable. A refund is made using the same payment method used by the Client, unless the Client expressly agrees to another method that incurs no cost for them. If a refund is required for a transaction made by the Client using a payment card, the seller will refund the amount to the bank account linked to the Client’s payment card. For a traditional bank transfer, the refund is sent to the account from which the payment was made. The refund is made within 14 days of the request being accepted and is free of charge—the Service Provider does not charge any fee for it.
  10. Invoices are issued as structured invoices in accordance with applicable regulations and sent to the National e-Invoicing System (KSeF). The Service Provider also sends a PDF representation of the invoice to the email address provided with the order; a pro forma invoice is not an invoice for VAT purposes and is not sent to KSeF.

§4. Conclusion of the Agreement and withdrawal

  1. The Agreement for services under the subscription is concluded when the order is placed and the first payment is made, which constitutes acceptance of these terms. Before placing the order, the Client accepts the terms by selecting the relevant checkbox in the order form.
  2. The detailed scope of the first and subsequent implementations is agreed jointly with the Client during the process-mapping workshop and throughout the ongoing cooperation.
  3. Right of withdrawal. A consumer who has concluded a distance contract or a contract away from business premises may withdraw from it without giving a reason within 14 days of the date the contract was concluded. The same right applies to a natural person entering into a contract directly related to their business activity where the contract’s content shows that it is not of a professional nature for that person.
  4. To meet the deadline, it is sufficient to send a withdrawal statement before it expires to [email protected] or in writing to BIG GROWTH Sp. z o.o., ul. Lipowa 3D, 30-702 Kraków, Poland. The statement may be submitted in any form, including using the form in Annex 2 to the Polish Consumer Rights Act.
  5. By placing an order, the Client requests that the services begin before the withdrawal period expires, since the subscription is activated as soon as payment is credited (§5(2)). The Client makes this statement by selecting the relevant checkbox in the order form.
  6. If, at the Client’s express request, service provision begins before the withdrawal period expires, the Client retains the right to withdraw but must pay for the services performed up to the time of withdrawal, in proportion to the work completed by then.
  7. After withdrawal, payment is refunded promptly and no later than 14 days after receipt of the withdrawal statement, under the rules described in §3(9).

§5. Delivery, activation and provision of services

  1. Delivery method. The services are intangible and delivered exclusively by electronic means—remotely, by email, videoconference and implementation directly in the Client’s systems and tools. The Service Provider does not ship physical goods, so no delivery charges apply—the delivery cost is PLN 0. Services are delivered worldwide without territorial restrictions; export restrictions applicable to goods do not apply to them.
  2. Activation of the purchased service. The subscription is activated automatically once the first payment is credited—usually within a few minutes for online payments, and when the funds arrive in the account for a traditional bank transfer. The Client receives an activation confirmation and an invitation to the process-mapping workshop by email within 1 business day of activation. The first billing period starts on the date the first payment is credited. Subsequent periods follow consecutively, and the service is provided continuously throughout the period covered by the invoice, including before the Client pays it, subject to the right to suspend new work after the payment deadline has passed and the 7-day grace period has expired (§3(7)).
  3. Cooperation begins with a process-mapping workshop, where the implementation scope is selected.
  4. Work begins once the Client provides complete access credentials and data (including APIs and passwords) required to perform the service.
  5. The Service Provider handles requests in the queue one at a time (one active implementation at any given time). The number of requests in the queue is unlimited.
  6. New requests, fixes and ideas are implemented within 48–72 hours on business days after complete information and access credentials have been provided. More complex implementations are divided into stages and delivered in batches.
  7. As part of the subscription, the Service Provider monitors operating solutions and fixes failures within 24 hours.
  8. The Service Provider corrects implemented solutions until they work properly in accordance with the agreed scope.

§6. Satisfaction guarantee (7-day trial)

The Swarm subscription includes a 7-day satisfaction guarantee. Its detailed terms, including a refund of 3/4 of the first month's fee, are set out in the Satisfaction Guarantee Terms. The guarantee does not cover the starter plan referred to in §3(3); its shorter period and reduced fee serve as a trial period.

§7. Booking a call

  1. The Service allows users to book a free call with the Service Provider through the external Cal.com system.
  2. Booking a call is voluntary and does not commit the Client to purchasing any service.

§8. Intellectual property

  1. Solutions implemented for the Client (workflows, agents, code and documentation) belong to the Client. Using them does not require an active subscription.
  2. Content published in the Service (texts, graphics and logos) is owned by the Service Provider or used under appropriate permissions and is protected by law.

§9. Complaints, statutory liability for defects and warranty

  1. How to submit a complaint. Complaints about the services, payments or operation of the Service may be submitted by email to [email protected], by phone at +48 452 476 070, or in writing to BIG GROWTH Sp. z o.o., ul. Lipowa 3D, 30-702 Kraków, Poland.
  2. A complaint should include the Client’s details, the invoice or transaction number, and a description of the issue.
  3. Complaint review time: The Service Provider will respond within 14 days of receiving the complaint and send its response to the Client’s email address. If no response is provided within that period, the complaint is deemed accepted.
  4. Client’s rights. As part of a complaint, the Client may request that a defect be remedied free of charge or that the service be performed again. If that is impossible or would involve excessive costs, the Client may request a reduction in the fee or withdraw from the Agreement in respect of the defective service.
  5. Statutory liability for defects. The Service Provider is liable to the Client for defects in the services under the statutory warranty rules set out in the Polish Civil Code (Articles 556 et seq. in conjunction with Article 638 §1 of the Civil Code). This liability is neither excluded nor limited in relation to consumers and natural persons entering into an Agreement unrelated to their professional activity. Consumers may also use out-of-court complaint and redress procedures, including the ODR platform: ec.europa.eu/consumers/odr.
  6. Implementation quality warranty. Throughout the subscription, the Service Provider corrects implemented solutions until they work properly within the agreed scope and fixes failures within 24 hours, at no additional charge. The Client also has the satisfaction guarantee described in §6.
  7. Refund. If a complaint is accepted and results in a refund, the refund is made under the rules in §3(9), through the same payment channel used by the Client (for a payment card, to the bank account linked to that card).

§10. Personal data

The rules for processing personal data are set out in the Privacy Policy.

§11. Final provisions

  1. Matters not covered by these terms are governed by Polish law, in particular the Polish Civil Code.
  2. The Service Provider reserves the right to amend these terms. Amendments take effect on the date they are published in the Service, while respecting the acquired rights of Clients with an active subscription.
  3. Any disputes will be resolved by the court with jurisdiction over the Service Provider’s registered office.