Heroify Platform Terms and Conditions

These Terms and Conditions set out the rules for using the Heroify platform and the rights and obligations of Clients (companies and organizations using the platform), Users (persons acting on behalf of Clients) and Candidates/Participants (persons taking part in Assessments).

The Heroify Platform is provided exclusively for the professional or business purposes of Clients (a B2B contract). Heroify does not provide services to consumers within the meaning of Article 22¹ of the Polish Civil Code.

§ 1. Definitions

• Service Provider / Heroify: Heroify sp. z o.o. with its registered office in Warsaw, ul. Padewska 23/7, 00-777 Warsaw, Poland, KRS: 0000903229, NIP: 5213930518, REGON: 389112980, share capital: 35,500.00 PLN.
• Platform: the Heroify online platform available at www.heroify.co, owned by the Service Provider, through which the Service Provider enables the creation and conduct of Assessments.
• Client: a legal person, an organizational unit without legal personality or an entrepreneur on whose behalf a User creates an Account and uses the Platform. The Client is a party to the contract with the Service Provider and the controller of the personal data of Candidates/Participants within the meaning of the GDPR.
• User: a natural person acting on behalf of the Client (a recruiter, manager or account administrator) who creates and manages Assessments on the Platform.
• Candidate/Participant: an adult natural person taking part in an Assessment: a candidate in a recruitment process or an employee undergoing an internal evaluation by the Client.
• Assessment: a set of questions, tasks and exercises organized by a User through the Platform and completed by Candidates/Participants, evaluating the competencies, abilities, fit and attitude specified by the User. An Assessment is also a unit within the meaning of the Pricing and Billing Rules.
• Slot for a candidate: a unit entitling one Candidate/Participant to take part in an Assessment, in the billing models that require it; on the Platform and in the Pricing, a package of Slots is described as a "package of X candidates".
• Subscription: an annual plan covering a specified number of Assessments, described in the Pricing and Billing Rules.
• Account: a set of resources in the Service Provider's system, assigned to the Client, in which the data of Users acting on behalf of the Client and the data of Assessments are stored.
• Activated Account: an Account for which the Service Provider has confirmed the Client's business status: automatically after the first purchase on the Platform, or manually at the Client's request.
• Free plan: limited access to the Platform provided for the purpose of getting to know it, with the limits set out in the Pricing and Billing Rules.
• Pricing and Billing Rules: the document published by the Service Provider at https://heroify.co/pricing-and-billing, setting out the current prices, the types of units and Subscriptions, validity and active periods, refund rules and the limits of the Free plan. It forms an integral part of the contract with the Client in the version in force on the date of purchase.
• Payment Operator: Stripe Payments Europe, Ltd. or another entity indicated in the Pricing and Billing Rules that processes payments.
• Service Agreement: a separate written agreement concluded with selected Clients, which may modify the provisions of these Terms and Conditions; in the event of a conflict, the Service Agreement prevails.
• Services: all services provided by the Service Provider through the Platform under these Terms and Conditions.
• DPA: the Data Processing Agreement concluded between the Client and the Service Provider, available at https://heroify.co/dpa, forming an integral part of these Terms and Conditions.
• Privacy Policy: the document describing the rules for processing the personal data of Clients and Users, available at https://heroify.co/privacy-policy.
• Privacy Policy for Candidates/Participants: the document describing the rules for processing the personal data of Candidates/Participants, available at https://heroify.co/privacy-policy-candidates.
• Assessment Integrity Policy: the rules for completing Assessments independently, accepted by Candidates/Participants before they begin the evaluation.
• AI System: the elements of the Platform that use artificial intelligence, including language models, to generate evaluations, reports and indicators based on the answers of Candidates/Participants.
• AI Transparency Note: the document describing the intended purpose, the way of operating, the limitations and the recommended way of using the AI System, addressed to Clients as deployers within the meaning of Regulation (EU) 2024/1689 (the AI Act). A short version is available at https://heroify.co/ai; the Service Provider makes the full version available to Clients on request (contact@heroify.co).
• List of Sub-processors: the list of entities to which the Service Provider further entrusts the processing of the personal data of Candidates/Participants, forming an annex to the DPA, available for download when accepting the DPA and on request (gdpr@heroify.co).

§ 2. Account and use of the Platform

2.1 Using the Platform requires creating an Account and accepting these Terms and Conditions together with the DPA and the Pricing and Billing Rules by a User acting on behalf of the Client, after reading the Privacy Policy. Creating an Account is equivalent to concluding a contract for the provision of the Services between the Client and the Service Provider and to accepting the current version of the DPA as an integral part of these Terms and Conditions. Acceptance of these Terms and Conditions is confirmed again with each purchase.

2.2 An Account may be created independently by a person acting on behalf of the Client, using a work e-mail address in the Client's domain. The Service Provider may refuse to create an Account using addresses in publicly available or disposable domains. The person creating the Account declares that they are authorized to conclude the contract on behalf of the Client.

2.3 An Account requires confirmation of the e-mail address. Accounts not confirmed within 30 days may be deleted.

2.4 The Platform is intended for entrepreneurs and organizations using it in connection with their business activity. With respect to a sole trader (a natural person running a business) for whom the contract is not of a professional nature, the applicable mandatory protective provisions apply. The rights of such a person do not depend on informing the Service Provider of this status in advance. Matters concerning these rights may be raised with the Service Provider at contact@heroify.co.

2.5 The User undertakes to provide true and up-to-date information when creating the Account and to keep it up to date. Providing false or outdated data may result in the suspension or closure of the Account.

2.6 Through the Platform, the Service Provider provides in particular the following Services: creating and maintaining an Account; creating Assessments based on the Platform's library of questions and tasks and the Client's own questions; making Assessments available to Candidates/Participants; completion of Assessments; generating results, competency reports and summaries using the AI System, and comparing results; conducting internal evaluations of the Client's employees; exporting data and results and integrating with the recruitment systems indicated by the Client; self-service purchase of the Services; sending a newsletter (on the basis of separate consent).

2.7 Assessments are created on the basis of information provided by the User (including the job title and description, the level and the competencies to be evaluated) and the Platform's library of questions and tasks. The User should not include personal data of third parties in the job description.

2.8 Each Assessment has a defined suggested completion time. The result is affected by the number of correct and incorrect answers and by other parameters defined in the given Assessment and described in the AI Transparency Note.

2.9 The Free plan is subject to the limits set out in the Pricing and Billing Rules. The Service Provider may change, restrict or withdraw the Free plan at any time, following the notification procedure set out in § 11.2.

2.10 The newsletter is sent on the basis of separate consent, free of charge; the User may unsubscribe at any time via the link in the message.

2.11 Using the Platform requires: a device with internet access, a current version of one of the popular web browsers (Chrome, Firefox, Safari, Edge) with JavaScript and the cookies necessary for the session enabled, and an active e-mail address. Candidates/Participants use the Platform on the same terms; SMS verification requires a phone capable of receiving messages.

2.12 It is prohibited to enter unlawful content into the Platform, in particular content that infringes the rights of third parties, is discriminatory or contains personal data of third parties without a legal basis, and to take actions that disrupt the operation of the Platform or aim to gain unauthorized access.

§ 3. Participation of Candidates/Participants

3.1 The Client invites only adults to Assessments and is responsible for fulfilling the information obligations towards them arising from the GDPR and the AI Act (§ 6).

3.2 Before starting an Assessment, the Candidate/Participant confirms that they are using an invitation addressed to them, by one of the methods configured by the Client for the given Assessment: a code sent to the e-mail address, an SMS code sent to the phone number, or both methods. The Client decides on the method in the Assessment settings; the availability of SMS verification may depend on the plan set out in the Pricing and Billing Rules.

3.3 Before starting an Assessment, the Candidate/Participant accepts the Assessment Integrity Policy (independent completion, without AI tools or help from third parties) and is informed that technical session data is recorded in accordance with the Privacy Policy for Candidates/Participants. A breach of the Assessment Integrity Policy may result in the Client invalidating the results.

3.4 The Candidate/Participant has the time indicated before the start to complete the Assessment; once it has elapsed, the Assessment is closed for them and they cannot restart it on their own. The Client may request a retake (contact@heroify.co); the Service Provider considers each request individually. The billing consequences of an abandoned attempt and of a retake are set out in the Pricing and Billing Rules.

3.5 Integrity mechanisms (including the trust indicator) provide the Client with signals; they do not automatically reject a Candidate/Participant or invalidate a result. The evaluation rests with the Client.

3.6 After the Assessment is completed, the Platform automatically makes available to the Candidate/Participant a feedback report intended for them (general information about the level of results, without detailed numerical scores) and access to the candidate profile, on the terms described in the Privacy Policy for Candidates/Participants (Section 6). This is a permanent feature of the Platform; by accepting these Terms and Conditions and the DPA, the Client instructs the Service Provider to perform it on the Client's behalf. It does not cover reports, notes, statuses or evaluations intended for the Client; the Client, as the data controller, decides whether to share them.

§ 4. Payments, units and term of the contract

4.1 Paid Services are provided in the models set out in the Pricing and Billing Rules, in particular: the purchase of individual Assessments in the selected variant, the purchase of packages of Slots for candidates, and an annual Subscription (concluded in the manner indicated in the Pricing and Billing Rules: on the Platform or in contact with the Service Provider). Clients billed under a Service Agreement remain on its terms.

4.2 Purchases are made through the Platform using the Payment Operator. A purchase requires completing the Client's billing details (name, address, country, NIP or EU VAT number, and for entities from outside the European Union a declaration of business status, and an e-mail address for invoices). The Service Provider may verify the EU VAT number in the VIES system and withhold the purchase until verification is successful. Payment card data is processed exclusively by the Payment Operator.

4.3 Prices are quoted in Polish zloty as net prices. VAT is charged according to the Client's tax status and registered office, and its amount is indicated at the time of purchase. Invoices are issued electronically by the Service Provider; they are made available in the Account and sent to the e-mail address for invoices.

4.4 The first purchase on the Platform results in the activation of the Account. Purchased units are assigned to the Client's Account and may not be transferred to another entity.

4.5 Assessments and Slots for candidates have validity or active periods indicated in the Pricing and Billing Rules. After they expire, unused units lapse and are not refundable, unless the Pricing and Billing Rules provide otherwise.

4.6 Refunds are available only in the cases and on the terms set out in the Pricing and Billing Rules. A sole trader (a natural person running a business) for whom the contract is not of a professional nature (§ 2.4) has the right to withdraw from the contract for the purchase of units within 14 days of the purchase without giving a reason (by a statement sent to contact@heroify.co). The Platform's Services are digital services. If performance began at the Client's express request before the withdrawal period expired (activation of an Assessment, use of a Slot, start of a Subscription period), in the event of withdrawal the Service Provider refunds the price reduced proportionally by the part performed up to the moment of withdrawal: for an Assessment unit, in proportion to the elapsed active period; for Slots, according to the Slots used; for a Subscription, according to the elapsed period. The right of withdrawal does not apply to a service fully performed with the express consent of a Client who was informed of the loss of this right. Other Clients have no right of withdrawal from the purchase contract, subject to mandatory provisions of law.

4.7 A Subscription is concluded for a period of 12 months and is renewed for a further 12-month period only after payment for the next period; the Service Provider does not charge payment for the next period automatically from the saved payment method, and non-payment does not create any debt towards the Service Provider. The Client may cancel the Subscription before the end of the current period by writing to contact@heroify.co or in the Account, if such an option is available. At least 30 days before the end of the period, the Service Provider sends the Client a pro forma invoice for the next period with the payment deadline and information about the option to cancel. Cancellation takes effect at the end of the paid period; until then, the Client retains access and the unused Assessments. Unused Assessments from a Subscription do not carry over to the next period. A change in the Subscription price applies from the next period if it was announced at least 30 days before that period begins.

4.8 If the next period is not paid for by the end of the current period, the rights arising from the Subscription, including unused Assessments from the Subscription, expire at its end, and the Account returns to the level resulting from earlier purchases. Assessments already activated from the Subscription continue to operate until the end of their active period, with access to results and export. A later payment starts a new Subscription period with a new pool from the day the payment is credited.

4.9 Ending a Subscription before the end of the paid period at the Client's request is possible only by agreement with the Service Provider; unused Assessments from the Subscription are forfeited without a refund, unless agreed otherwise.

4.10 Changes to the Pricing and Billing Rules do not affect units already purchased, which retain the terms in force on the date of purchase, and apply only to new purchases and to subsequent Subscription periods announced in accordance with clause 4.7.

4.11 For Clients billed by invoice with deferred payment terms, a delay exceeding 30 days may result in the suspension of the Account until the outstanding amount is settled.

4.12 The contract for the provision of the Services remains in force for as long as the Account exists. An Account into which no User has logged in for 24 months and which has no active Subscription and no valid units may be closed by the Service Provider after two e-mail notifications (60 and 30 days in advance); closure terminates the contract, and the data is subject to the export window and deletion in accordance with the DPA. The Client may close the Account at any time by writing to contact@heroify.co (if the Client wishes to first transfer the data to another provider, § 4.14 applies); closing the Account does not entitle the Client to a refund of fees for unused units, subject to § 11.4 and the cases indicated in the Pricing and Billing Rules. Closing the Account applies to the Client's entire organization and may be requested by the Account administrator; the removal of an individual User by the Account administrator does not terminate the contract. A contract concluded on the basis of a Service Agreement remains in force for the period specified in it.

4.13 The Service Provider may terminate the contract with immediate effect in the event of a material breach of these Terms and Conditions by the Client or Users, in particular: infringement of the Service Provider's copyright, attempts to gain unauthorized access to the Platform's systems, use of the Platform contrary to § 6.3, or a payment delay exceeding 60 days.

4.14 End of the contract, data export and change of provider. The Client may terminate the contract at any time in order to transfer its data to another provider or to its own infrastructure, or in order to have the data deleted. The notice period ends on the date indicated by the Client, no later than 2 months from the submission of the notice (if no date is indicated: upon receipt of the notice).

(a) If the Client transfers the data, a transition period of no more than 30 days begins after the notice period ends, during which the contract remains in force: the Service Provider provides the Services to the existing extent, makes the data export available and provides reasonable technical assistance with the transfer. If the transfer cannot technically be completed within 30 days, the Service Provider notifies the Client of this within 14 business days of receiving the notice, stating the reasons and an alternative transition period, which in total does not exceed 7 months. At the Client's request, the transition period may be extended once by the time indicated by the Client. The contract expires upon the successful completion of the data transfer, confirmed to the Client by the Service Provider; if the transfer is not completed within the transition period, the Client decides whether to use the extension or to end the contract at the end of the transition period. The data retrieval period, during which the Client may download the export, lasts at least 30 days from the end of the agreed transition period (an earlier expiry of the contract due to a successful transfer does not shorten it); after it ends, the data is deleted in accordance with the DPA.

(b) If the Client does not transfer the data but requests its deletion, the contract expires at the end of the notice period, and the data is deleted in accordance with the DPA.

(c) The export covers the data entered by the Client and its Users (Assessment configurations, the list of invited Candidates/Participants, notes and statuses, Account data) and the data generated in the course of use (answers, results, reports, AI summaries), in CSV or JSON format. The export does not cover the content of questions, tasks, answer keys, norms, competency models and algorithms owned by the Service Provider, nor the Service Provider's technical logs. The export and the assistance are free of charge. The Service Provider maintains an up-to-date description of the data structures and export formats in the Account (online register). The right to export also applies during the term of the contract and while the Account is suspended. The rules for storing and deleting the data of Candidates/Participants after the end of the contract are set out in the DPA.

§ 5. Copyright and intellectual property

5.1 All content made available on the Platform, including questions, tasks, competency models, norms, scoring algorithms, prompts and the configuration of the AI System, and other elements of the Platform, is protected by copyright and belongs to the Service Provider or to entities that have granted it a license.

5.2 Copying, sharing or using the Platform's content beyond the scope set out in these Terms and Conditions requires the prior written consent of the Service Provider. In particular, it is prohibited to share the content of questions with third parties and to use it to train AI systems.

5.3 Assessment results (the answers of Candidates/Participants, reports, analyses) constitute personal data of Candidates/Participants, of which the Client is the controller. The Client has the right to use this data to the extent arising from the DPA and applicable law. The Client is responsible for any further sharing of results, including through file export, integrations and links to results generated on the Platform, and for securing them after download. The Service Provider retains copyright in the underlying questions, tasks, competency models and scoring algorithms.

5.4 Questions, tasks and other content added to the Platform by a User remain the property of the Client. The Client grants the Service Provider a non-exclusive license to use them to the extent necessary to provide the Services.

§ 6. Artificial intelligence and decision support

6.1 The elements of the Platform that evaluate Candidates/Participants (scoring, norms, the trust indicator, the summary generated by a language model, the ranking) together constitute an AI System within the meaning of the AI Act. The principles of operation, the limitations and the recommended way of using it are described in the AI Transparency Note.

6.2 The results generated by the Platform serve solely as support for the User. The Platform does not make decisions about hiring, promotion, rejection or any other decisions concerning Candidates/Participants; statuses are assigned by the User. The Client ensures that decisions based on the results are made by persons with the appropriate competencies and authority, who treat the results as one of the elements of the evaluation.

6.3 Under the AI Act, the Service Provider is the provider of the AI System and the Client is its deployer. The Client undertakes to:
a) use the Platform in accordance with the AI Transparency Note;
b) ensure human oversight of the use of the results, so that decisions concerning Candidates/Participants are always made by a person;
c) inform Candidates/Participants that they are evaluated using the AI System and, where applicable, also inform employee representatives;
d) promptly report to the Service Provider any suspected malfunction of the AI System;
e) use the Platform only to evaluate competencies, abilities and professional fit, and in particular not to infer legally protected characteristics;
f) with respect to its own employees, use the Platform only in internal recruitment and for development and HR purposes consistent with employment law. An Assessment result may not be the sole basis for a decision to terminate an employment relationship or to change its terms to the employee's detriment.

6.4 The Service Provider applies the provisions of the AI Act to the extent that they apply to the AI System at the given time, and does not use the data of Candidates/Participants to train AI models.

6.5 A Candidate/Participant may ask the Client to explain the role of the AI System in a decision concerning them. The Service Provider supports the Client in providing the explanation by making available a description of the factors taken into account in the result. For Clients that are public bodies or are required to carry out a fundamental rights impact assessment (Article 27 of the AI Act), the Service Provider makes available the information necessary to carry it out.

§ 7. Personal data protection

7.1 The Service Provider processes the personal data of Candidates/Participants on behalf of the Client as a processor within the meaning of Article 28 of the GDPR. The detailed rules are set out in the DPA, which forms an integral part of these Terms and Conditions. The DPA is accepted when the Account is created, and its acceptance is a condition of using the Platform.

7.2 To the extent indicated in the Privacy Policy for Candidates/Participants and the DPA (verification of the contact channel by e-mail/SMS code, integrity mechanisms, the candidate profile, statistical norms, analyses of the quality of the tools on pseudonymized data), the Service Provider acts as an independent data controller.

7.3 The Service Provider offers an individually negotiated DPA to Subscription Clients on the terms indicated in the Pricing and Billing Rules (contact: gdpr@heroify.co).

7.4 In the event of a conflict between the DPA and these Terms and Conditions, the DPA prevails in matters of personal data protection.

7.5 The rules for processing the personal data of Clients and Users are described in the Privacy Policy. The rules for processing the personal data of Candidates/Participants are described in the Privacy Policy for Candidates/Participants. The current List of Sub-processors is available for download when accepting the DPA and on request (gdpr@heroify.co).

§ 8. Use of the Client's name and logo for reference purposes

8.1 The Client grants the Service Provider a non-exclusive, free-of-charge and non-transferable license to use the Client's name, business name and logo for reference and marketing purposes, in particular on the heroify.co website, in social media, marketing materials, sales presentations and case studies.

8.2 The use is limited to the information that the Client uses or has used the Platform. The Service Provider uses the name and logo fairly, lawfully and without misleading anyone as to the nature of the cooperation.

8.3 The Client may revoke the license at any time by writing to contact@heroify.co. Within 30 days, the Service Provider will remove the name and logo from the website, social media profiles, current sales materials and other digital publications under its control. The revocation does not cover printed materials already distributed or publications by third parties. Case studies containing information about results, persons or quotations require the Client's separate written consent.

8.4 The Client may inform the Service Provider, before or after starting to use the Platform, that it does not wish its name and logo to be used. The parties may agree individual rules in a Service Agreement.

8.5 The license does not include the right to sublicense and does not affect the Client's rights to its designations and trademarks.

§ 9. Complaints

9.1 Complaints related to the Services and payments may be submitted to contact@heroify.co, stating the identification details of the Client or User and a description of the reason.

9.2 Complaints and questions concerning personal data and the DPA should be sent to gdpr@heroify.co.

9.3 The Service Provider considers a complaint within 14 days of receiving it and informs the person who submitted it of the outcome.

§ 10. Liability

10.1 The Service Provider makes every effort to ensure that the Platform operates correctly and without interruption, but does not guarantee uninterrupted operation.

10.2 The Service Provider is not liable for the content of Assessments created by a User or for false or incomplete data provided by Users or Candidates/Participants.

10.3 Assessment results serve solely as support for the Client's decision-making process. The Service Provider is not liable for the consequences of decisions made by the Client on the basis of the results (including recruitment, HR and development decisions). This does not exclude the Service Provider's liability for defects in the Platform itself, in particular the incorrect calculation or assignment of results. The Service Provider is responsible for the Platform's compliance with the obligations of the provider of the AI System, and the Client is responsible for the compliance of its use with the obligations of the deployer.

10.4 The Service Provider's total liability towards the Client under these Terms and Conditions, except for damage caused intentionally and liability that cannot be excluded or limited under mandatory provisions of law, is limited to the total fees paid by the Client in the 12 months preceding the event giving rise to the damage.

10.5 The Service Provider is not liable for lost profits, loss of data resulting from the actions of the Client or Users, or indirect damage.

10.6 The provisions of this section do not exclude or limit the Service Provider's liability under the DPA with respect to the processing of personal data.

§ 11. Changes to the Terms and Conditions

11.1 The Service Provider may amend these Terms and Conditions for important reasons, in particular: changes in the law, changes in the functionality of the Platform, changes in the billing model, security reasons, or guidelines of supervisory authorities.

11.2 The Service Provider notifies the Client of any material change by e-mail to the address associated with the Account at least 14 days in advance, stating the date on which the changes take effect. The Service Provider may additionally inform the Client of changes by a notice on the Platform.

11.3 Continued use of the Platform after the changes take effect constitutes acceptance of them.

11.4 A Client who does not accept the changes may notify the Service Provider before the date on which they take effect and close the Account. In that case, the Client retains the right to use the purchased units until the end of their validity on the existing terms; the Account is closed once the units have been used or have expired.

11.5 Changes to the DPA are made in accordance with the rules set out in the DPA. Changes to the Pricing and Billing Rules are made in accordance with the rules set out in § 4.10.

§ 12. Final provisions

12.1 These Terms and Conditions are governed by Polish law. The Polish version of these Terms and Conditions prevails in the event of any discrepancy with the English version.

12.2 The parties will endeavor to resolve disputes arising from these Terms and Conditions amicably. If no agreement is reached, the competent court is the court having jurisdiction over the Service Provider's registered office; this does not apply to the Clients referred to in § 2.4, to whom the rules on court jurisdiction provided for consumers apply.

12.3 If any provision of these Terms and Conditions proves to be invalid or ineffective, the remaining provisions remain in force.

12.4 Contact for matters concerning these Terms and Conditions: contact@heroify.co. Contact for matters concerning personal data protection: gdpr@heroify.co.

12.5 Version 1.1 of these Terms and Conditions takes effect on 30 September 2026 for Clients creating an Account from that date and on 14 October 2026 for the remaining Clients, after notification in accordance with § 11.2, and replaces the version of 13 June 2026. A Client who accepts version 1.1 of these Terms and Conditions when making a purchase on the Platform before 14 October 2026 is bound by it from the moment of that acceptance. The Service Provider makes previous versions and the list of changes available on request (contact@heroify.co).