Version 1.1 · Effective from: October 4, 2026

Terms of Service — ManagerSee

The Polish version of these Terms is the legally binding version. This English translation is provided for convenience; in case of any discrepancy, the Polish text prevails (§ 19.3).

§ 1. General provisions

1. These Terms of Service ("Terms") govern the provision of electronic services through managersee.com ("Service") and the use of the ManagerSee software ("Software").
2. The service provider is Grzegorz Banaś, trading as GBLogic Grzegorz Banaś, ul. Węgrowska 1 m 118, 03-507 Warsaw, Poland, Tax ID (NIP): 6422893874, REGON: 240006910 ("Provider"). The Provider can be contacted via the contact form.
3. An integral part of these Terms is the Data Processing Agreement (DPA), accepted together with the Terms when the Account is created, regardless of Customer Status.
4. The Service is intended exclusively for adults with full legal capacity. By creating an Account, the Customer represents that this condition is met.

§ 2. Definitions

1. Customer – the party to the Agreement; depending on the declared Status (§ 3) – a Consumer, a Quasi-consumer, or a Business.
2. Consumer – a natural person entering into the Agreement for purposes not directly related to their business or professional activity.
3. Quasi-consumer – a sole trader entering into the Agreement directly related to their business activity, but which does not have a professional character for them.
4. Business – any Customer other than a Consumer or Quasi-consumer, entering into the Agreement in the course of, and for a purpose directly related to, a professional activity.
5. Account – the Customer's individual panel within the Service.
6. Agent – the Software component installed on a Device that collects Monitoring Data.
7. Device – a Windows computer which the Customer has represented is either owned by the Customer or which the Customer is otherwise authorized to install the Agent on and monitor lawfully (§ 5).
8. Monitored Person – any person using a Device covered by monitoring (including an employee, contractor, household member, the Customer's child, or any other person).
9. Monitoring Data – all data collected by the Agent, including: the list of running processes and applications, window titles, browser history, information about downloaded files, screenshots, screen recordings, live screen view, and, if enabled by the Customer, keystroke logs and clipboard content.
10. Extended Modules – features with a heightened level of privacy intrusion: keystroke logging, clipboard logging, live view, and screen recording.
11. Subscription – paid, auto-renewing access to the Service for a specified number of Devices, in accordance with the Price List.
12. Service – collectively: provision of the Account, the Agent, storage of Monitoring Data, and presentation of reports.
13. Digital Service – the Service within the meaning of applicable EU and Polish consumer-protection law on digital services and content.

§ 3. Conclusion of the agreement. Customer Status

1. The agreement for the provision of the Service ("Agreement") is concluded when the Account is created and the Terms and the DPA are accepted. The first Subscription is a free trial period (Trial) - paragraphs 2-4 do not apply to that stage.
2. Before activating the first paid Subscription, the Customer must indicate the capacity in which they are entering into the Agreement for that purchase:
   1. privately – a purchase unrelated to any business activity, or related to a sole proprietorship but not of a professional character for the Customer, including where it is not booked as an expense of that business (a Consumer or a Quasi-consumer within the meaning of § 2);
   2. as a Business – a purchase made in the course of, and for a purpose directly related to, a professional activity for this transaction, in particular where the Customer intends to book it as a business expense (VAT, income tax) or requires an invoice made out to a company (including on behalf of a company, organization, or employer).
3. The choice under paragraph 2 determines which provisions of these Terms apply. If the declaration proves untrue, and the Provider could not reasonably have inferred otherwise from its content, the Agreement will be treated in accordance with the declaration made; this does not affect mandatory provisions of law.
4. Billing information (company name, Tax ID, address) is collected at the same time, via the payment processor (Stripe) - it is not required to create an Account or during the Trial.

§ 4. Technical requirements

1. Panel: an up-to-date web browser with JavaScript and necessary cookies enabled.
2. Agent: Windows 8.1 or newer, administrator rights for installation, a stable Internet connection.
3. The Provider does not guarantee the Agent's compatibility with every hardware and software configuration, including antivirus software, EDR, firewalls, and the Customer's security policies.

§ 5. Customer representations and obligations regarding the lawfulness of monitoring

1. The Customer is solely responsible for using the Service in compliance with the law. By creating an Account and installing the Agent on each subsequent Device, the Customer represents and warrants that:
   1. the Customer owns the Device, or is otherwise authorized to install the Agent on it and conduct monitoring in compliance with applicable law,
   2. the Customer holds all consents, authorizations, legal titles, or legal bases necessary to collect Monitoring Data concerning Monitored Persons using the Device — respectively: a basis under labor law and GDPR (employee monitoring), parental or guardianship authority (monitoring of a minor child/ward), the explicit consent of the monitored person (other cases), or another valid legal basis,
   3. the Customer has fulfilled all legally required information, consultation, and other formalities towards Monitored Persons (including, for employee monitoring, applicable labor-law notice requirements and Article 13 GDPR),
   4. the Customer uses and will use the Service in compliance with the law applicable at the location of the Device and the Monitored Person.
2. The Customer independently decides on the purpose and scope of monitoring, including which modules to enable, whom to monitor, during which hours, and how long to retain Monitoring Data. Within relationships covered by the DPA, the Customer is the controller of the Monitoring Data.
3. Enabling Extended Modules requires a separate, informed confirmation in the Panel that the Customer has a legal basis to do so. The Provider does not recommend using Extended Modules unless strictly necessary.
4. Materials provided by the Provider (including sample employer clauses) are for guidance only and do not constitute legal advice.

§ 6. Prohibited use

1. Regardless of the representations in § 5, it is prohibited, in particular, to:
   1. use the Service to monitor a person for whom the Customer has no legal basis or title to install the Agent on their device or collect data about them (including as so-called stalkerware/spyware),
   2. use the Service for harassment, stalking, intimidation, domestic abuse, or other criminal purposes,
   3. intercept authentication credentials in order to gain unauthorized access to third-party accounts or systems,
   4. circumvent the Software's security measures, decompile, disassemble, reverse-engineer, resell, sublicense, or make the Service available to third parties,
   5. use the Service in a manner that violates the law, third-party rights, or good practice.
2. The Provider is not obliged to verify the Customer's use of the Service, but may take the actions described in § 12.2 upon reasonable suspicion of a breach of paragraph 1.

§ 7. License

1. The Provider grants the Customer a non-exclusive, non-transferable, revocable license to use the Agent and the Panel for the duration of the Subscription, solely to the extent necessary to use the Service in accordance with these Terms.
2. All rights to the Software remain with the Provider.
3. The license expires upon termination or expiry of the Agreement. The Customer then undertakes to uninstall the Agent from all Devices.

§ 8. Payments and Subscription

1. Prices are set out in the Price List. For Businesses, prices are net prices, to which VAT is added as applicable. For Consumers and Quasi-consumers, prices are gross prices, displayed before the order is placed.
2. Payments are processed by Stripe Payments Europe Ltd. The Subscription automatically renews for successive billing periods until cancelled in the Panel. The Customer will receive an email notice at least 7 days before each automatic paid renewal.
3. Cancellation takes effect at the end of the paid period. Fees for a period already started are non-refundable, except where mandatory law (including the right of withdrawal – § 9) provides otherwise.
4. The Provider may change the Price List with 30 days' notice; the change applies to subsequent billing periods.
5. The Customer consents to receiving invoices electronically, at the email address associated with the Account.
6. In the event of non-payment, the Provider may suspend the Service after an unsuccessful 7-day demand period.

§ 9. Right of withdrawal (applies to Consumers and Quasi-consumers)

1. This section applies only to Customers who are Consumers or Quasi-consumers.
2. A Consumer/Quasi-consumer may withdraw from the Agreement within 14 days without giving any reason, by submitting a statement in accordance with the template in the Withdrawal Notice or in any other unambiguous form, before that period expires.
3. Upon withdrawal, the Agreement is deemed never to have been concluded. The Provider will refund all payments received without undue delay, and in any event within 14 days of receiving the withdrawal statement, using the same payment method that was used for the original transaction.
4. Loss of the right of withdrawal. Before the paid Service begins, the Consumer/Quasi-consumer confirms in the Panel (checkbox): "I request immediate commencement of the Service and acknowledge that I will lose my right of withdrawal once the Provider has fully performed it." Checking this box and activating the Service constitutes the express request and acknowledgment required for the loss of the right of withdrawal once a service has been fully performed with the consumer's prior consent. The right of withdrawal then expires once the Service has been fully performed; before that point, a proportionate amount is owed for the part of the Service already performed.
5. If the Consumer/Quasi-consumer does not check the box in paragraph 4, the Provider may withhold activation of the paid Subscription until the withdrawal period has elapsed or until such a statement is made.
6. The right of withdrawal does not apply to Businesses.
7. Detailed withdrawal instructions and the model withdrawal form are available here.

§ 10. Monitoring Data – retention and deletion

1. Monitoring Data is retained for the retention period set by the Customer in the Panel, not to exceed 180 days, after which it is automatically and irreversibly deleted.
2. Upon expiry or termination of the Agreement, Monitoring Data is deleted after 30 days. During this period, the Customer may export the data.
3. The Provider does not guarantee backups of Monitoring Data beyond the standard described in the Service. The Customer is responsible for independently exporting any data they wish to retain.
4. The Provider may delete Monitoring Data before the period in paragraph 1 expires only: at the Customer's instruction, if plan limits are exceeded, in the cases described in § 12, at the request of a competent authority, or where necessary for the security of the Service.

§ 11. Availability of the Service and the nature of Monitoring Data

1. The Provider makes reasonable efforts to ensure uninterrupted operation of the Service but does not guarantee any specific level of availability (SLA) or continuity beyond the standard described in the Service.
2. The parties agree that it is an agreed characteristic of the Service that Monitoring Data may be incomplete or inaccurate, in particular due to: the Device being switched off or disconnected, antivirus software interference, actions by the Monitored Person, operating-system updates, time-zone differences, or technical limitations in capturing data from certain applications. A Service matching this description conforms to the Agreement.
3. Monitoring Data is auxiliary in nature. The Customer bears sole responsibility for decisions made on its basis.
4. The Provider may carry out maintenance, updates, and modify or discontinue features of the Service, giving advance notice where possible, provided this does not deprive the Service of its essential character.

§ 12. Suspension and termination of the Agreement

1. The Customer may terminate the Agreement at any time by cancelling the Subscription and deleting the Account.
2. The Provider may immediately suspend the Account or disable the Agent, and subsequently terminate the Agreement, if:
   1. it has reasonable grounds to suspect a breach of § 5 or § 6,
   2. it receives notice from an authority, a court, or a data subject of unlawful use of the Service,
   3. a representation under § 3 or § 5 proves untrue,
   4. the Customer is more than 14 days in arrears with payment.
3. For Businesses, termination occurs without a refund. For Consumers/Quasi-consumers, a proportionate refund is made for the unused period, unless the termination is due to a breach under (a)–(c).
4. The Provider may terminate the Agreement without cause on 30 days' notice, refunding a proportionate part of the fee for the unused period.

§ 12a. Liability and conformity of the Service (applies to Consumers and Quasi-consumers)

1. This section applies to Customers who are Consumers or Quasi-consumers. It supersedes § 13 to that extent.
2. The Provider is liable for the conformity of the Digital Service with the Agreement under applicable mandatory consumer-protection law. Nothing in these Terms excludes or limits the Provider's liability to the extent this would be contrary to mandatory law.
3. Notwithstanding the above, the Provider is not liable for:
   1. the lawfulness and justification of the monitoring conducted by the Customer, including its legal basis, scope, proportionality, and the information given to Monitored Persons,
   2. decisions made by the Customer based on Monitoring Data,
   3. loss of Monitoring Data to the extent the Customer failed to export it despite having the opportunity to do so, unless the loss resulted from causes attributable to the Provider.
4. Paragraph 3 clarifies the scope of the Provider's obligations and is not an exclusion of liability for their improper performance.

§ 13. Liability (applies only to Businesses)

1. This section applies only to Customers who are Businesses.
2. Exclusion of statutory warranty. The parties exclude the Provider's statutory warranty (rękojmia) liability and liability for non-conformity of the Service with the Agreement, to the extent permitted by law.
3. The Provider is not liable, in particular, for:
   1. the Customer's manner of using the Service, the lawfulness of monitoring, including any failure to properly inform Monitored Persons, lack of a legal basis for processing, improper scope of monitoring, or retention period,
   2. decisions made by the Customer based on Monitoring Data,
   3. loss, incompleteness, or inaccuracy of Monitoring Data,
   4. damages resulting from unavailability of the Service, including causes attributable to infrastructure providers,
   5. the Agent's impact on the Device, other software, networks, or the Customer's systems,
   6. damages caused by the Customer sharing login credentials with third parties,
   7. force majeure.
4. The Provider's liability to the Customer is limited to actual losses (damnum emergens); liability for lost profits and indirect or consequential damages is excluded.
5. The Provider's total liability is limited to the fees actually paid by the Customer in the 12 months preceding the event giving rise to the claim, or, if the Customer has paid no fees, to PLN 100.
6. The limitations in paragraphs 2–5 do not apply to damage caused intentionally.
7. The Customer's claims against the Provider are time-barred one year after the day the Customer became aware of the damage.

§ 14. Indemnification

1. A Business Customer agrees to indemnify and hold the Provider harmless from any claims, penalties, fines, damages, and costs (including reasonable legal fees) the Provider incurs in connection with third-party claims or proceedings arising from the Customer's breach of these Terms, the DPA, or applicable law.
2. A Consumer/Quasi-consumer Customer is liable to the Provider under the general rules of civil law for damage caused to the Provider in connection with a breach of these Terms or applicable law.
3. The Provider will promptly notify the Customer of any third-party claim related to the Customer's use of the Service.

§ 15. Complaints

1. Complaints regarding the Service may be submitted via the contact form or in writing to the Provider's address.
2. The Provider handles complaints within 30 days of receipt (14 days for Consumers and Quasi-consumers regarding non-conformity of the Digital Service with the Agreement).
3. Filing a complaint does not suspend the obligation to pay, subject to mandatory law.

§ 16. Out-of-court dispute resolution (applies to Consumers and Quasi-consumers)

1. A Consumer/Quasi-consumer may use out-of-court means of handling complaints and pursuing claims, including through consumer arbitration bodies and the Polish Consumer Ombudsman.
2. The EU Online Dispute Resolution platform is available at: https://ec.europa.eu/consumers/odr. You can reach us about this via the contact form.
3. The Provider does not agree to participate in out-of-court consumer dispute resolution proceedings.

§ 17. Reporting unlawful use

1. Anyone (including a Monitored Person) may report suspected unlawful use of the Service via the contact form, with a justification and information allowing identification of the Device or Account.
2. This address also serves as the point of contact for authorities and recipients of the service within the meaning of Articles 11 and 12 of Regulation (EU) 2022/2065 (DSA).
3. Upon receiving a report, the Provider may take the actions described in § 12.2.

§ 18. Changes to these Terms

1. The Provider may amend these Terms for valid reasons, giving the Customer at least 14 days' notice by email or in the Panel before the changes take effect.
2. Continued use of the Service after the changes take effect constitutes acceptance. A Customer who does not accept the changes may terminate the Agreement before they take effect.

§ 19. Final provisions

1. For Businesses, the Agreement is governed by Polish law, excluding conflict-of-law rules and the Vienna Convention on Contracts for the International Sale of Goods; disputes are resolved by the court having jurisdiction over the Provider's registered office.
2. For Consumers and Quasi-consumers, the Agreement is governed by Polish law, which does not deprive the Consumer of the protection afforded by mandatory provisions of the law of their country of habitual residence. Provisions on the jurisdiction of the court at the Provider's registered office do not apply to Consumers or Quasi-consumers.
3. In the event of any discrepancy between the Polish and English versions of these Terms, the Polish version prevails.
4. The invalidity of any provision does not affect the validity of the remaining provisions.
5. The Customer may not assign rights and obligations under the Agreement without the Provider's consent.
6. These Terms are available free of charge at managersee.com/en/terms in a form allowing them to be downloaded, stored, and printed.

Annexes: Data Processing Agreement · Withdrawal Notice and model withdrawal form · Price List