Terms of Service

§1 Definitions

For the purposes of these Terms of Service ("Terms"), the following terms have the meanings set out below:

1. Service Provider - AgenticForce sp. z o.o., a limited liability company with its registered office in Warsaw, at ul. Podkowy 120B, 04-937 Warszawa, Poland, entered in the Register of Entrepreneurs of the National Court Register (KRS) under number 0001234012, registry court: District Court for the Capital City of Warsaw in Warsaw, XIV Commercial Division of the National Court Register; NIP: 9522283208; EU VAT number: PL9522283208; REGON: 544443644; share capital: PLN 5,000.00; email: hello@wingman.pm; phone: +48 601 606 844.
2. User (also Customer) - any natural person, legal person or organisational unit without legal personality to which the law grants legal capacity, that uses the Service. Where a Workspace is used by an organisation, the organisation is the User for the purposes of Paid Plans, purchases and payments; the persons it invites to the Workspace use the Service on its behalf and must comply with these Terms.
3. Consumer - a natural person who concludes the agreement with the Service Provider for purposes not directly related to their business or professional activity (Article 22¹ of the Polish Civil Code).
4. Consumer-like Sole Trader - a natural person who concludes the agreement directly in connection with their business activity where the agreement is not of a professional nature for them, in particular in view of the business activity they disclose in the Polish Central Register and Information on Economic Activity (CEIDG) (Article 385⁵ of the Polish Civil Code and Article 7aa of the Consumer Rights Act).
5. Business Customer - a User who is neither a Consumer nor a Consumer-like Sole Trader.
6. Service or Platform - the AI-assisted product management software provided online by the Service Provider at wingman.pm and app.wingman.pm, as described in §4.
7. Account - a user profile created through registration that gives access to the Service.
8. Workspace - a separate space in the Service that holds the data, members, plan and AI credit balance of one User.
9. AI Credits - units that measure the use of credit-consuming AI features of the Service. AI Credits are not money, have no cash value and can be used only in the Workspace to which they belong.
10. Beta Trial - a time- and credit-limited no-cost trial offered to eligible new Workspaces as described in §5.
11. Paid Plan or Subscription - a paid subscription to one of the plans shown on our pricing page, billed monthly or annually, that renews automatically for successive billing periods until cancelled.
12. Credit Pack - a one-time purchase of additional AI Credits ("purchased credits").
13. Polar - Polar Software, Inc., which sells Paid Plans and Credit Packs as described in §6 point 1.
14. Personal Data - any information relating to an identified or identifiable natural person within the meaning of Article 4(1) GDPR.
15. 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.
16. Consumer Rights Act - the Polish Act of 30 May 2014 on consumer rights (ustawa o prawach konsumenta).
17. AUP - the Acceptable Use Policy.

§2 General Provisions

1. These Terms are the terms and conditions for providing the Service by electronic means within the meaning of Article 8 of the Polish Act of 18 July 2002 on providing services by electronic means, and form the agreement between the Service Provider and the User.

2. The agreement is concluded when the User completes registration after being given access to these Terms and accepting them. These Terms are available free of charge at wingman.pm/terms before and after registration, in a form that can be saved and printed, and the Service Provider sends them by email on request. A person who registers on behalf of an organisation confirms that they are authorised to accept these Terms on its behalf.

3. These Terms apply to all Users, including Users on a Beta Trial, a Paid Plan, an Enterprise plan (subject to §5 point 1 c) or any other plan (§5 point 1 d).

4. Provisions of these Terms that give Consumers rights apply equally to Consumer-like Sole Traders to the extent provided by Article 385⁵ of the Polish Civil Code and Article 7aa of the Consumer Rights Act. If it is not clear from the agreement whether it is of a professional nature for a sole trader, the sole trader may state, no later than when concluding the agreement (for example, by email to hello@wingman.pm), whether it has that nature; the Service Provider does not make the conclusion of the agreement conditional on such a statement.

5. Nothing in these Terms excludes or limits rights that Consumers have under mandatory law, including, where it applies, the law of the country in which they habitually reside (§13 point 1).

6. The Service Provider may amend these Terms only in accordance with §12.

§3 Account Registration and Technical Requirements

1. To use the Service, the User must create an Account and provide accurate, current and complete information.

2. The User must be at least 18 years of age and have full legal capacity, or act on behalf of an organisation with proper authorisation.

3. Technical requirements: the User needs a device with internet access, a current version of a common web browser with JavaScript and cookies enabled, and an active email address. Using an integration requires an account with the relevant third-party service and authorising the connection. Using the API, CLI or MCP server requires compatible software set up as described in the Service or its documentation.

4. The User must keep Account credentials confidential and is responsible for activity under the Account, unless it results from circumstances for which the User is not responsible. The User must notify the Service Provider without delay at hello@wingman.pm of any unauthorised use of the Account or any other breach of security.

5. Using services provided over the internet involves risks such as malware, phishing and unauthorised access to accounts. Users should protect their devices and credentials, use strong and unique passwords, and enable additional sign-in security where the Service offers it.

6. The Service Provider may refuse registration if the registration data are false or the registration is used to circumvent these Terms (for example, to obtain repeated Beta Trials). Suspension and termination of Accounts are governed by §11.

§4 Service Description

1. The Service is an AI-assisted product management platform provided online as software as a service. It is currently offered as a public beta and is under continuous development. Its main functions are:

2. The functions and limits available depend on the plan and are shown on our pricing page and in the Service. The integrations available at any time are those shown as available in the Service. Integrations or functions announced as planned or "coming soon" are not part of the Service until they are made available in it. Functions marked as preview are provided for testing and may be changed or withdrawn.

3. AI features use third-party AI models. AI output is generated automatically and may be inaccurate, incomplete or unsuitable for a particular purpose. The User should review AI output before relying on it, publishing it or sending it to others; decisions based on AI output are the User's own. Information about the third-party providers used to deliver the Service, including AI model providers, is given in our Privacy Policy and the Data Processing Agreement.

4. The Service Provider makes the changes, including security updates, that are needed to keep the Service in conformity with the agreement, and informs Users of them where the law requires.

5. The Service Provider may make other changes to the Service (for example, add, change or remove functions or integrations) only for the following valid reasons: a) adapting the Service to a change in law or to a decision of a court or public authority; b) a change to, or the discontinuation of, a third-party service on which the Service depends (for example, an integrated tool or an AI model provider changing or ending its service or interface); c) security, stability or the prevention of abuse; d) technical or functional development of the Service, including replacing a function with an equivalent or better one. Such changes are made at no extra cost to the User, and the Service Provider informs Users of them clearly.

6. If a change under point 5 materially and negatively affects the User's access to or use of the Service, the Service Provider informs the User by email of the change and its date with reasonable advance notice, where possible at least thirty (30) days. A Consumer may then terminate the agreement without notice within thirty (30) days after the change is made or after being informed of it, whichever is later; the Consumer receives a refund of the price paid for the period after termination and of the unused part of purchased credits in proportion to their price (Articles 43p, 43q and 43o of the Consumer Rights Act). A Business Customer may cancel its subscription before the change takes effect, with effect at the end of the current paid billing period.

§5 Plans and AI Credits

1. Service Tiers:

2. AI Credits:

3. Fair Use and Technical Limits: The Service Provider may apply proportionate technical limits that protect the stability and security of the Service for all Users, such as rate limits for the API or automated access, and may temporarily restrict usage that breaches these Terms or the AUP (for example, automated abuse or attempts to circumvent limits). Such limits do not reduce the monthly AI credit allowance or the plan limits shown on our pricing page.

4. Current prices, monthly AI credit allowances and plan limits are shown on our pricing page. Changes for existing subscriptions follow §6 point 4.

§6 Billing and Payments

1. Payment Processing: Paid Plans and Credit Packs are sold through Polar checkout. For purchases made through Polar checkout, Polar Software, Inc. acts as merchant of record and authorized reseller: the User buys the Subscription or Credit Pack from Polar under the buyer terms Polar presents at checkout, and Polar processes the payment, charges applicable taxes and issues the receipt or invoice. The right to use the Service is granted by the Service Provider under these Terms, and the Service Provider remains responsible to the User for the Service and its conformity with these Terms. The Service Provider does not store payment card information. Nothing in this point limits the rights the User has against Polar.

2. Prices and Billing Cycles: The total price, including any taxes, is shown at checkout before the User pays. Subscriptions renew automatically for the same billing cycle until cancelled (§11 point 2). Monthly Paid Plans are billed monthly in advance; annual Paid Plans are billed yearly in advance. The minimum term of a subscription is one billing period. The Paid Plan and purchased credits are made available promptly after Polar confirms the payment. The price consequences of a plan change are shown before the User confirms the change. See our pricing page for the available options.

3. Payment Failures: If a renewal payment fails, the Paid Plan (including its monthly AI credit allowance) may be suspended until payment succeeds; the Account and its data remain available with the features available without a Paid Plan. The Service Provider or Polar will attempt to notify the User. If the payment is not completed, the subscription may end.

4. Price and Allowance Changes: The Service Provider may change the price or the monthly AI credit allowance of a Paid Plan for the following reasons: an increase in the costs of providing the Service (in particular AI model, hosting or payment processing costs), a change in law, taxes or public charges, general price increases (inflation), or a change in the scope of the plan (such as new functions or limits).

5. Right of Withdrawal (Consumers and Consumer-like Sole Traders):

6. Refunds: Apart from withdrawal under point 5, amounts paid are refunded only where these Terms (§4 point 6, §11 point 4) or mandatory law provide for it, in particular for Consumers if the Service is not in conformity with the agreement (§10 point 5).

7. Taxes: Polar calculates and charges the taxes applicable to purchases made through Polar checkout. Business Customers must provide correct tax details (such as a VAT number) at checkout and remain responsible for their own tax obligations.

§7 Service Conditions

1. User Obligations:

2. Prohibited Uses: Users must not provide content of an unlawful nature to the Service, use the Service for any unlawful purpose, infringe intellectual property or other rights of third parties, distribute malicious software, attempt unauthorised access to the Service or to other Users' data, or circumvent security measures or usage limits. The AUP describes permitted and prohibited uses in more detail; if the AUP conflicts with these Terms, these Terms prevail.

3. Third-Party Services: Integrations connect the Service with third-party services that the User uses under its own agreements with their providers. The User must comply with the terms of those services and is responsible for the permissions it grants when connecting them.

4. Service Availability: The Service Provider aims to provide the Service continuously. The Service may be temporarily unavailable because of maintenance, updates, failures of third-party infrastructure or other events; the Service Provider tries to limit interruptions and, where possible, to announce planned maintenance in advance. This point does not limit the Service Provider's liability under §8 or Consumers' rights under §10.

5. Intellectual Property: The Service, including its software, design and documentation, is protected by law and belongs to the Service Provider or its licensors. For the duration of the agreement, the Service Provider grants the User a non-exclusive, non-transferable right to use the Service remotely for the User's own purposes in accordance with these Terms. The User must not copy, modify, decompile or reverse engineer the Service, except where the law expressly permits it.

6. User Content and AI Output: The User keeps its rights in User Content and in AI output generated for it, to the extent such rights exist; the Service Provider claims no ownership of them. The User grants the Service Provider a non-exclusive, royalty-free licence to User Content, for the duration of the agreement and for the time needed to delete the data under §11, covering recording and copying in digital form, storing, processing, transmitting to the Service Provider's sub-processors and displaying it in the Service, solely in order to provide, secure and support the Service for the User, including making User Content public where the User chooses to publish it. Personal Data in User Content is processed as described in §9.

7. Content Moderation and Notices: The Service Provider does not review User Content in advance. If it becomes aware of User Content that is illegal or breaches these Terms or the AUP, it may remove it or disable access to it, or suspend functions or the Account under §11, acting proportionately and with due regard to the rights and legitimate interests of everyone involved. Such decisions are taken by the Service Provider's staff; automated tools are used only to detect security threats and abuse of usage limits. The Service Provider informs the affected User of the decision and the reasons for it, unless the law prohibits this, and the User may contest the decision under §10. Anyone may report content they consider illegal to hello@wingman.pm, stating why they consider it illegal, where exactly it is (for example, a URL), their name and email address (unless the law provides otherwise) and a statement that the report is made in good faith and is accurate and complete. hello@wingman.pm is also the single point of contact for the authorities of the Member States, the European Commission and the European Board for Digital Services under Article 11, and for Users under Article 12, of Regulation (EU) 2022/2065 (Digital Services Act); communication is possible in Polish and English.

§8 Liability

1. The Service Provider is liable for non-performance or improper performance of the agreement under generally applicable law, subject to points 2 to 7.

2. For Business Customers only:

3. The limitations in point 2 do not apply to damage caused intentionally or through gross negligence, to personal injury, or to any other liability that cannot be limited under applicable law.

4. For Consumers and Consumer-like Sole Traders, point 2 does not apply, and nothing in these Terms limits their statutory rights where the Service is not in conformity with the agreement (Chapter 5b of the Consumer Rights Act).

5. User Content and AI Output: The User is solely responsible for the accuracy, legality and appropriateness of User Content, and for decisions made and content published or sent on the basis of AI output (§4 point 3). This does not affect the Service Provider's responsibility for the conformity of the Service itself.

6. Third-Party Services: The Service Provider is not responsible for the operation, availability or content of third-party services that the User connects to the Service under its own agreements with their providers. The Service Provider remains responsible for the Service's own integration functions and for the subcontractors it uses to provide the Service.

7. Force Majeure: Neither party is liable for a delay or failure to perform caused by events beyond its reasonable control that it could not have prevented with due care, such as natural disasters, war, acts of public authorities, or large-scale failures of public telecommunications or energy networks, for as long as such events last.

§9 Data Protection

1. The Service Provider processes Personal Data of Users (such as account, contact and billing-related data) as a controller, as described in our Privacy Policy.

2. Where a User uploads to or connects with the Service Personal Data for which the User is the controller (for example, feedback from the User's own customers), the Service Provider processes that data as a processor on the User's behalf under the Data Processing Agreement, which forms part of the agreement with every User who acts as the controller of such data.

3. The User is responsible for having a legal basis under the GDPR for Personal Data it uploads or connects, for informing the data subjects, and for not providing Personal Data it is not entitled to process.

4. The Service uses third-party service providers, including AI model providers, as sub-processors. Information about them is given in the Privacy Policy and the Data Processing Agreement.

§10 Complaints Procedure

1. Users may submit complaints about the Service, including about its non-conformity with the agreement, by email to hello@wingman.pm or by post to ul. Podkowy 120B, 04-937 Warszawa, Poland.

2. A complaint should include the User's contact details, the Account or Workspace concerned, a description of the issue and, optionally, what the User requests. If information is missing, the Service Provider may ask for it; a Consumer's complaint is not rejected for that reason.

3. The Service Provider will acknowledge receipt and respond within fourteen (14) calendar days of receiving the complaint, by email. For Consumers, if the Service Provider does not respond within that period, the complaint is deemed accepted (Article 7a of the Consumer Rights Act).

4. Complaints about payments, receipts or invoices may also be sent to Polar; the Service Provider will assist the User where the matter concerns the Service.

5. Consumers' statutory rights: The Service Provider is responsible for the conformity of the Service with the agreement throughout the period in which it is supplied. If the Service is not in conformity, a Consumer may demand that it be brought into conformity; the Service Provider does so within a reasonable time and at its own cost. Where Article 43n of the Consumer Rights Act so provides (in particular where conformity is not restored or the lack of conformity is serious), the Consumer may instead declare a price reduction or withdraw from the agreement; withdrawal is not available if the lack of conformity is insignificant. The Service Provider refunds amounts due within fourteen (14) days after receiving the Consumer's statement. After withdrawal, the Consumer may request content they provided or created in the Service, other than personal data, in a commonly used, machine-readable format (Article 43o of the Consumer Rights Act).

6. Out-of-court options for Consumers: A Consumer may obtain free assistance from a municipal or district consumer ombudsman (miejski lub powiatowy rzecznik konsumentów) or a consumer organisation, and may use the out-of-court dispute resolution bodies entered in the register kept by the President of the Office of Competition and Consumer Protection (UOKiK), available at polubowne.uokik.gov.pl. If a Consumer's complaint is not resolved, the Service Provider will state in its response whether it agrees to take part in out-of-court dispute resolution and, if so, before which body. Consumers living in another EU Member State can find dispute resolution bodies on the European Commission's list of ADR bodies and obtain help from the European Consumer Centre in their country.

7. Complaints about content moderation decisions under §7 point 7 are handled under this §10.

§11 Term and Termination

1. Term: The agreement for an Account is concluded for an indefinite period. A Paid Plan runs for successive billing periods and renews automatically until cancelled. The Beta Trial ends automatically when its period expires, without any payment.

2. Cancelling a Paid Plan: The User may cancel a subscription at any time, without giving reasons, in the billing portal available from the Service's billing settings or by email to hello@wingman.pm. The cancellation takes effect at the end of the current paid billing period; no further payment is charged and the Paid Plan remains available until then. Consumers may also end the agreement earlier where the law allows, for example under §6 point 5 or §10 point 5.

3. Closing the Account: The User (for a Workspace, its administrator) may close the Account or delete the Workspace at any time in the Service or by email to hello@wingman.pm. Deleting a Workspace cannot be undone. Deleting a Workspace also cancels its active subscription. Closing an Account does not by itself delete the Workspace or cancel its subscription; the Workspace administrator should cancel the subscription under point 2 or delete the Workspace first. Fees for the current billing period and purchased credits are not refunded, except where these Terms or mandatory law provide otherwise. Before closing, the User should retrieve or copy any content it wishes to keep.

4. Termination by the Service Provider with Notice: The Service Provider may terminate the agreement with at least thirty (30) days' notice by email only for the following valid reasons: a) permanent discontinuation of the Service or of the part of it that the User uses; b) a change in law or a decision of a court or public authority that prevents the Service Provider from continuing to provide the Service to the User; c) in relation to a Business Customer, any other reason. In these cases, the Service Provider arranges a refund of the price paid for any period after termination and of the unused part of purchased credits in proportion to their price.

5. Suspension and Termination for Cause: The Service Provider may suspend the Account or particular functions, or terminate the agreement with immediate effect, if the User: a) seriously or repeatedly breaches these Terms or the AUP and, where the breach can be remedied, does not remedy it within a reasonable period stated in a request from the Service Provider; b) provides unlawful content or uses the Service for unlawful activity; c) endangers the security or stability of the Service or other Users' data (for example, through malware, attacks or attempts at unauthorised access); d) commits fraud, including payment fraud or abuse of the Beta Trial. The Service Provider applies the least severe measure that is sufficient, preferring suspension to termination where appropriate, states its reasons unless the law prohibits it, and lifts a suspension once its cause ceases. The User may contest the decision under §10.

6. Data after Termination: Deleting a Workspace starts the deletion of its data. The Service Provider completes the deletion of the User's data from the Service within thirty (30) days after the Workspace is deleted, the Account is closed or the agreement otherwise ends, unless the law requires longer retention (for example, of accounting records) or the data is needed to establish, exercise or defend legal claims. Personal Data processed by the Service Provider as a controller is retained as described in the Privacy Policy.

7. Switching and Data Export (Regulation (EU) 2023/2854, the Data Act): This point applies to Paid Plans and Enterprise plans, not to the Beta Trial, which is provided for testing and evaluation. a) The User may at any time request, with a notice period of up to two (2) months, to switch to another provider or to its own infrastructure, or to have its exportable data erased. b) Exportable data consists of User Content and the data generated for the User in the Service, such as themes, prioritisation results, documents, roadmaps and changelogs; it does not include the Service Provider's software or its internal operational and security data. c) After the notice period, the Service Provider gives reasonable assistance and completes the transition within thirty (30) days, which the User may extend once, and continues to provide the Service during that time; the User may retrieve its data for at least thirty (30) days after the transition period, after which the exportable data is erased. d) The agreement ends once switching has been completed successfully. e) The Service Provider does not charge for switching or data export.

§12 Changes to Terms

1. The Service Provider may amend these Terms only for the following valid reasons: a) a change in law or a decision of a court or public authority affecting these Terms or the Service; b) a change to the Service made under §4 point 5; c) a change in how Paid Plans or Credit Packs are sold or paid for (for example, a change of payment provider); d) the prevention of abuse or the protection of security; e) a change in the Service Provider's details; f) clarifying wording or correcting errors without worsening the User's position. Changes to prices and monthly AI credit allowances follow §6 point 4.

2. Users will be notified of changes by email and in the Service at least thirty (30) days before the effective date. The notice summarises the changes and links to the new version at wingman.pm/terms.

3. Changes that are solely favourable to Users, or that must apply sooner because of a law or a decision of a court or public authority, may take effect earlier, as stated in the notice.

4. A User who does not accept the changes may cancel the subscription and close the Account before the effective date without any fee. Until the cancellation or closure takes effect, the previous version of these Terms continues to apply to that User.

5. For annual subscriptions, changes that are unfavourable to the User apply from the next annual renewal, unless a law or a decision of a court or public authority requires them to apply sooner.

6. If the User does not cancel before the effective date, the amended Terms apply to the User from the effective date (Article 384¹ of the Polish Civil Code).

§13 Final Provisions

1. Governing Law: These Terms are governed by Polish law. For Consumers habitually resident in another country, this choice of law does not deprive them of the protection of the mandatory provisions of the law of that country that would apply in the absence of this choice (Article 6(2) of Regulation (EC) No 593/2008, Rome I).

2. Jurisdiction: Disputes with Business Customers are resolved by the competent common court in Warsaw, Poland. Disputes with Consumers and Consumer-like Sole Traders are resolved by the court having jurisdiction under generally applicable law; Consumers domiciled in another EU Member State may also bring proceedings in, and may be sued only in, the courts of their place of domicile (Article 18 of Regulation (EU) No 1215/2012).

3. Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue to apply.

4. Contract Documents: The agreement consists of these Terms, the AUP and, for Users who act as controllers of personal data processed in the Service (§9 point 2), the Data Processing Agreement; for an Enterprise plan, it also includes the Enterprise agreement, which prevails where it differs. Purchases through Polar are also governed by the buyer terms Polar presents at checkout. For Business Customers, these documents constitute the entire agreement on their subject matter. For Consumers, the information provided to them before the conclusion of the agreement as required by law also forms part of the agreement. The Privacy Policy informs about the processing of Personal Data and is not a contract document.

5. Transfer: The Service Provider may transfer the agreement to an entity that takes over the Service (for example, in a reorganisation or sale of the business) by notifying the User by email at least thirty (30) days in advance. Business Customers consent to such a transfer in advance. A Consumer's agreement is transferred only with the Consumer's consent where the law requires it. A User who does not agree may end the agreement before the transfer takes effect in the manner described in §12 point 4.

6. Contact Information: The Service Provider can be contacted by email at hello@wingman.pm, by phone at +48 601 606 844 or by post at ul. Podkowy 120B, 04-937 Warszawa, Poland. The Service Provider's registration details are given in §1 point 1.

7. Language: These Terms are available in English at wingman.pm/terms and in Polish at wingman.pm/regulamin. With Consumers resident in Poland, the agreement is concluded in Polish, and the Polish version of these Terms and of the other contract documents listed in point 4 is the basis for their interpretation; a Consumer who is not a Polish citizen may, after being informed of the right to the Polish version, ask to conclude the agreement in English only (Article 8(1b) of the Polish Act of 7 October 1999 on the Polish language). For all other Users, the English version prevails if the two versions differ.