Terms of Service

§1 Definitions

For the purposes of these Terms of Service, the following terms shall have the meanings set forth below:

1. Service Provider - WEBSOMNIA Juliusz Michajłow, a sole proprietorship registered in Warsaw, Poland, at ul. Jana Kazimierza 60/69, 01-248 Warszawa, NIP: PL5213375525, REGON: 141680209.
2. User or Customer - any natural person, legal entity, or organizational unit without legal personality to which the law grants legal capacity, using the Service.
3. Service or Platform - the AI-assisted product management software application available at wingman.pm, including all related features, functionalities, and services.
4. Account - a unique user profile created through registration, enabling access to the Service.
5. Subscription - a recurring payment arrangement providing access to the Service according to selected plan terms.
6. Tokens - digital units of service consumption used to measure and limit usage of AI processing, API calls, and other platform resources.
7. Freemium Plan - a no-cost service tier providing limited tokens and features for an unlimited time period.
8. Paid Plan - subscription-based service tiers requiring recurring payments and providing enhanced token allowances and features.
9. Personal Data - any information relating to an identified or identifiable natural person as defined by the General Data Protection Regulation (GDPR).
10. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data.

§2 General Provisions

1. These Terms of Service constitute a binding agreement between the Service Provider and the User regarding the provision of services through the wingman.pm platform.

2. By creating an Account, accessing, or using the Service, the User acknowledges having read, understood, and agreed to be bound by these Terms of Service.

3. The Service is governed by Polish law and European Union regulations, including the GDPR.

4. These Terms of Service apply to all Users, including those using Freemium Plans and Paid Plans.

5. The Service Provider reserves the right to modify these Terms of Service in accordance with the procedures outlined in §12.

§3 Account Registration

1. To use the Service, Users must create an Account by providing accurate, current, and complete information during the registration process.

2. Users must be at least 18 years of age or have the legal capacity to enter into binding agreements under applicable law, or act on behalf of a legal entity with proper authorization.

3. Users are responsible for maintaining the confidentiality of their Account credentials and are fully responsible for all activities that occur under their Account.

4. Users must immediately notify the Service Provider of any unauthorized use of their Account or any other breach of security.

5. The Service Provider reserves the right to refuse registration or terminate Accounts that violate these Terms of Service.

§4 Service Description

The Service Provider offers an AI-assisted product management platform that includes the following features:

1. Feedback Ingestion - Automated collection and processing of feedback from multiple sources including CSV files, Intercom, Zendesk, Slack, Gong, email messages, and other supported formats.
2. AI Theming and Clustering - AI-powered analysis that groups similar feedback and identifies common themes with adjustable granularity.
3. Prioritization Frameworks - Implementation of methodologies including RICE, MoSCoW, Kano Model, and Weighted Scoring systems.
4. Document Generation - Automated creation of PRDs, epics, user stories, and acceptance criteria based on analyzed feedback.
5. Third-Party Integrations - Synchronization with project management tools including Jira and Azure DevOps. For a complete list of supported integrations, see wingman.pm/legal/integrations.
6. Communication Features - Notification systems via email, Microsoft Teams, and Slack, plus public roadmap and changelog publishing.
7. Analytics and Reporting - Insights into Annual Recurring Revenue (ARR) impact, sentiment analysis, and confidence scoring.

The Service utilizes third-party AI services to deliver these capabilities. For a complete and current list of AI models and providers used by the Platform, please refer to wingman.pm/legal/ai-models. The use of User data by AI providers for model training is governed by the respective providers' terms and conditions.

§5 Subscription Plans and Tokens

1. Service Tiers:

2. Token System:

3. Fair Use Policy: The Service Provider reserves the right to impose additional restrictions on Users who engage in excessive or abusive usage patterns that may impact service availability for other Users.

4. Specific token allowances, pricing, and feature limitations for each plan are available on the wingman.pm website and may be updated periodically.

§6 Billing and Payments

1. Payment Processing: All payments are processed through PayPro S.A. (operating as Przelewy24), a certified payment service provider. The Service Provider does not store payment card information.

2. Billing Cycles: Paid Plans are billed monthly in advance. Billing occurs on the same calendar date each month following the initial subscription.

3. Payment Failures: If payment cannot be processed, the Account may be suspended until payment is successfully completed. The Service Provider will attempt to notify Users of payment failures.

4. Price Changes: The Service Provider reserves the right to modify pricing with thirty (30) days advance notice. Continued use after the effective date constitutes acceptance of new pricing.

5. Refunds: Refunds are granted in accordance with applicable consumer protection laws. For consumers within the European Union, the right of withdrawal may be exercised within fourteen (14) days of purchase.

6. Taxes: Users are responsible for any applicable taxes, duties, or fees related to their use of the Service.

§7 Service Conditions

1. User Obligations:

2. Prohibited Uses: Users may not use the Service for any unlawful purpose, to violate intellectual property rights, to distribute malicious content, or to circumvent security measures.

3. Third-Party Services: The Service integrates with various third-party platforms. Users are responsible for complying with the terms of service of such integrated platforms.

4. Service Availability: While the Service Provider strives to maintain continuous availability, the Service may occasionally be unavailable due to maintenance, updates, or unforeseen circumstances.

§8 Liability

1. Limitation of Liability: The Service Provider's total liability arising from or related to the Service shall not exceed the amount paid by the User during the twelve (12) months preceding the event giving rise to liability.

2. Exclusion of Damages: The Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

3. User Content: The Service Provider bears no responsibility for content uploaded, processed, or generated by Users through the Service. Users are solely responsible for the accuracy, legality, and appropriateness of their content.

4. Third-Party Services: The Service Provider is not responsible for the performance, availability, or content of third-party services integrated with the Platform.

5. Force Majeure: The Service Provider shall not be liable for any delay or failure to perform resulting from circumstances beyond its reasonable control.

§9 Data Protection

1. The processing of Personal Data is governed by the Service Provider's Privacy Policy, which forms an integral part of these Terms of Service.

2. The Service Provider processes Personal Data in accordance with the GDPR and applicable Polish data protection laws.

3. For business Users processing Personal Data through the Service, a separate Data Processing Agreement (DPA) may apply as required by GDPR Article 28.

4. Users are responsible for ensuring the accuracy of Personal Data they provide and for obtaining necessary consents for any Personal Data they upload to the Service.

§10 Complaints Procedure

1. Users may submit complaints regarding the Service by contacting the Service Provider at hello@wingman.pm.

2. Complaints must include a clear description of the issue, relevant Account information, and any supporting documentation.

3. The Service Provider will acknowledge receipt of complaints and respond within fourteen (14) calendar days.

4. If a complaint cannot be resolved to the User's satisfaction, Users may seek resolution through applicable consumer protection agencies or courts. Users within the European Union may also use the Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

§11 Term and Termination

1. Term: These Terms of Service remain in effect while the User maintains an Account or uses the Service.

2. Termination by User: Users may terminate their Account at any time by providing one (1) month written notice to the Service Provider, effective at the end of the current billing period. Consumers may terminate with immediate effect in accordance with applicable consumer protection laws.

3. Immediate Termination by Service Provider: The Service Provider may immediately terminate or suspend User Accounts in the following circumstances:

4. Data Retention: Following termination, User data will be retained for thirty (30) days to allow for potential Account reactivation, after which it will be permanently deleted unless legal obligations require longer retention.

§12 Changes to Terms

1. The Service Provider reserves the right to modify these Terms of Service at any time.

2. Users will be notified of material changes via email or through the Service interface at least thirty (30) days before the effective date.

3. Continued use of the Service after the effective date of changes constitutes acceptance of the modified Terms of Service.

4. Users who do not agree to modified Terms may terminate their Account in accordance with §11.

§13 Final Provisions

1. Governing Law: These Terms of Service are governed by and construed in accordance with Polish law.

2. Jurisdiction: Any disputes arising from these Terms of Service shall be resolved by the competent courts in Warsaw, Poland. For consumers, jurisdiction shall be determined according to applicable consumer protection laws.

3. Severability: If any provision of these Terms of Service is found to be unenforceable, the remaining provisions shall continue in full force and effect.

4. Entire Agreement: These Terms of Service, together with the Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between the parties.

5. Contact Information: For questions regarding these Terms of Service, Users may contact the Service Provider at hello@wingman.pm.

6. Language: These Terms of Service are executed in English. In case of translation into other languages, the English version shall prevail.