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Terms of Service

Last updated: September 1st, 2020

From everyone at KillerBudget, thank you for using our product! We’ve build KillerBudget to help you with your finances. Because we don’t know every one of our customers personally, we have to put in place some Terms of Service to help keep the ship afloat.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to 2501 sp. z o.o. (LLC-type company registered in Poland, European Union; the creators of KillerBudget.com).

When we say “Service”, we mean KillerBudget, whether delivered within a web browser, desktop application, mobile application, or another format.

We may update these Terms of Service in the future. Whenever we make a significant change to our policies, we will also announce them on our website.

When you use our Service, now or in the future, you are agreeing to the latest Terms of Service. That’s true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.

If you violate of any of the terms, we may terminate your account.

Account Terms

  1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  2. You may not use the Service for anything illegal (according to Polish or European Union law).
  3. You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
  4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payment and Plan Changes

  1. If you are using a free version of one of our Service, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Service — we do not sell your data.
  2. For paid Service that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will change your account to free version. You will not loose any data but paid features will no longer be available to you.
  3. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. If you need help cancelling your account, you can always contact our Support team.
  2. All of your content will be inaccessible from the Service immediately upon cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
  4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Service for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Service to anyone for any reason at any time. We have this clause because there are some things we staunchly stand against and this clause is how we exercise that stance.
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

  1. We may change the pricing structure for the Service. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We will also post a notice about changes on our websites and the affected Service.

Uptime, Security, and Privacy

  1. Your use of the Service is at your sole risk. We provide this Service on an “as is” and “as available” basis. We do not offer service-level agreements but do take uptime of our applications seriously.
  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Service. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.
  4. When you use the Service, you entrust us with your data. We take that trust to heart. You agree that we may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
    • To help you with support requests you make. We’ll ask for express consent before accessing your account.
    • To safeguard the Service. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Service as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
    • To the extent required by applicable law. As a Polish company with all data infrastructure located in Poland (EU), we only preserve or share customer data if compelled by the Polish government authority with a legally binding order. If a non-polish authority approaches us for assistance, our default stance is to refuse unless the order has been approved by the Polish government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism.
  5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  6. We process any data you share with us only for the purpose you signed up for and as described in these Terms of Service and Privacy policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission.

Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.
  2. We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
  3. The names, look, and feel of the Service are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logo or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind this permission if you violate these Terms of Service.
  4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
  5. You must not modify another website so as to falsely imply that it is associated with the Service or the Company.

Features and Bugs

We design the Service with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Service will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Service.

Service Adaptations and API Terms

We do not offer Application Program Interfaces (“API”s) for the Services at this time.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Service does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent. If you choose to use our Service, thank you for betting on us.

If you have a question about any of the Terms of Service, please contact our Support team.

Acknowledgements

This document is based on Basecamp open-source policies / CC BY 4.0.

Thank you for making them open-source and helping small (bootstrapped) businesses like ours.