HeatAlgo Terms of Service

§1 General provisions

These terms govern the use of the HeatAlgo web service available at heatalgo.com, operated by Cratun Sp. z o.o., registered office at Niekłonice 49E, 76-024 Niekłonice, registry number (KRS): 0000971816, tax ID (NIP): 4990690625, REGON: 522021073 (the "Provider").

Use of the Service requires acceptance of these terms. Acceptance takes place during account registration.

This is a translation provided for convenience; the Polish version (Regulamin) is authoritative.

§2 Definitions

Service - the HeatAlgo web application comprising the following modules: heat load calculation, heat pump selection, and underfloor heating design.

User - a person who has registered an account in the Service: a professional in the installation or construction industry, including a natural person conducting business activity or a person acting on behalf of a business (a B2B service), as well as a natural person using the Service for purposes not directly related to their business or professional activity (a Consumer).

Consumer - a User who is a natural person entering into an agreement with the Provider not directly related to their business or professional activity. The provisions of these terms concerning Consumers, including the right of withdrawal (§9), apply accordingly to a natural person conducting business activity who enters into an agreement directly related to that activity, where the content of the agreement shows it is not of a professional nature for that person (a sole trader with consumer rights, Art. 38a of the Polish Consumer Rights Act).

Account - the User's individual account created during registration.

Project - a single piece of work carried on by the User in the Service, comprising building data and calculation results available across all of the Service's modules.

Free Plan - the free plan available from the moment the Account is registered, with no time limit, comprising unlimited creation of Projects, calculations across all modules, and viewing full results on screen, excluding downloading the full, hand-off-ready document (a PDF report).

Report - a one-time, paid unlock of a Project, described in §7.

Installer Plan - the paid subscription described in §8, which lifts, for its duration, the limit on downloading full documents across all of the User's Projects.

AI Allowance - the monthly limit on requests to the Service's AI-based features (the AI assistant, including reading data from building documents), the size of which depends on the active plan and is stated in the Pricing page at heatalgo.com/en/pricing; the AI Allowance renews every calendar month and does not carry over.

§3 Technical requirements

Using the Service requires: a device with internet access, an up-to-date web browser with JavaScript and cookies enabled, and an active e-mail address (required for registration and communication).

§4 Nature of the service and professional responsibility

The Service is a calculation and design tool that supports the work of professionals. Heat load calculations are performed in accordance with the PN-EN 12831-1 standard, based on the input data entered by the User.

The User bears full professional responsibility for the correctness of the input data, the verification of results, and their use in designs and installations. The Service supports, but does not replace, the User's professional knowledge and judgment.

The Provider is not liable for the consequences of design and construction decisions made on the basis of results obtained in the Service, in particular where the input data were incomplete or did not reflect the actual condition of the building. This exclusion does not apply to damage caused by the Provider intentionally, nor does it limit any rights a Consumer has under mandatory provisions of law.

§5 Registration and account

An Account is registered by providing an e-mail address and password or by authenticating with a Google account. Registration with an e-mail address requires its verification.

The User is obliged to keep their login credentials confidential and to notify the Provider without delay of any suspected unauthorized access to the Account.

§6 Pricing model: the Free Plan and paid unlocking

The Service provides the Free Plan to every registered User, with no time limit and with no need to provide payment card details. Under the Free Plan the User creates any number of Projects, runs calculations across all modules, and views full results on screen without limit.

Downloading the full, hand-off-ready document (a PDF report) requires paying to unlock the Project (a Report, §7) or holding an active Installer Plan subscription (§8).

Current prices for all plans, including net and gross rates, and the AI Allowance for each plan, are stated on the Pricing page at heatalgo.com/en/pricing.

For companies working at a larger scale, the Provider offers individually agreed terms, described at heatalgo.com/en/for-companies.

§6a The seller, and what each contract covers

A purchase made directly in the Service is settled by Stripe. The seller under that contract of sale is the entity named on the payment page and on the invoice, not the Provider. That contract of sale is governed by that entity's terms, made available during payment.

The Provider remains the party to the service contract - it maintains the Account, provides the calculation modules and generates the documents. These terms govern that contract.

A purchase on the for-companies route is sold by the Provider in its own name, against a VAT invoice. These terms govern that sale in full.

The Provider never receives the User's payment card details.

§7 Buying a Report and the scope of a Project unlock

The User may pay to unlock a single Project (a Report) at the price stated on the Pricing page, including as part of a pack covering more than one unlock.

Unlocking a Project covers all of that Project's modules together (heat load calculation, heat pump selection, underfloor heating) and applies to a single job. For 7 days from the first download of the report, the User may make corrections and generate further versions of that Project's report; after this period, downloading it again requires a new unlock or an active subscription. Downloaded PDF files remain the User's to keep, and the project with its calculation results remains available on the account indefinitely in preview scope. Unlocking a single module without the others is not offered as a separate product.

Buying a Report is a one-time performance and does not renew automatically.

Payment is made in advance, before the full document is made available. The Provider issues a VAT invoice for every purchase.

§8 Installer Plan subscription - renewal and cancellation

The Installer Plan is a subscription billed in advance on a monthly or annual cycle, as chosen by the User, at the price stated on the Pricing page.

The subscription renews automatically for the next billing period unless the User cancels it before it ends. Cancellation is done in the Account settings or by contacting the address indicated in §1.

Cancellation takes effect at the end of the paid billing period - the User retains full access until the end of that period, and the Provider does not refund a proportional part of the fee for unused time, subject to the right of withdrawal described in §9.

When the subscription ends the Account reverts to the Free Plan. Projects and calculations stay on the Account with no time limit. Documents already downloaded remain the User's and the Provider does not withdraw access to them. Downloading a document again from within the Service requires an active subscription or the purchase of a Report.

The Provider gives notice of any subscription price change with the advance notice specified in §14. The change takes effect from the next billing period following the notice.

§9 Right of withdrawal

Where the seller is the entity named in §6a(1), the User exercises the right of withdrawal from the contract of sale against that entity, under that entity's terms and procedure. This paragraph applies to the service contract with the Provider and to sales on the for-companies route.

A Consumer who has entered into a distance contract with the Provider - including a contract for the delivery of a Report or an Installer Plan subscription - has the right to withdraw from that contract within fourteen days without giving a reason, in accordance with the Polish Consumer Rights Act of May 30, 2014.

The withdrawal period begins on the day the contract is concluded. To meet the deadline it is sufficient to send a withdrawal statement before it expires to the address indicated in §1, in any form that clearly expresses the intent to withdraw.

A Report and the Installer Plan constitute digital content not supplied on a tangible medium. Under Art. 38(13) of the Consumer Rights Act, the right of withdrawal does not apply if the Consumer has expressly requested delivery of that content (unlocking the Project or activating the subscription) before the withdrawal period expires, has been informed in advance that they will lose the right of withdrawal in that case, and the Provider has fully performed.

When buying a Report or activating the Installer Plan, the Consumer separately confirms: (a) a request for immediate delivery of the full document or activation of the subscription before the fourteen-day withdrawal period expires, and (b) acknowledgment that, once the Provider has fully performed, they lose the right to withdraw from the contract. Without this confirmation, the Provider does not deliver the full document before the withdrawal period expires.

The above does not limit the right of withdrawal for any part not yet delivered - in particular, a Consumer may withdraw as to further, not-yet-started subscription billing periods, on the cancellation terms described in §8.

If withdrawal is validly exercised before the digital content has been fully delivered, the Provider refunds the payment received without undue delay, and no later than fourteen days from receiving the withdrawal statement, using the same payment method the Consumer used, unless the Consumer has expressly agreed to a different method of refund.

§10 Data entered by the User

The User may enter into the Service data concerning their clients and their projects (e.g. the investor's contact details, the project site address, building parameters). The User declares that they are authorized to process such data and remains its controller within the meaning of the GDPR; the Provider processes it solely for the purpose of providing the service. Details are set out in the Privacy Policy.

The User is prohibited from supplying content of an unlawful nature, including data that infringes the rights of third parties.

§11 Intellectual property

The Service, including its code, interface, selection algorithms, and materials, is the property of the Provider. Deliverables generated by the User on the basis of the data they have entered (reports, designs, PDF files) may be used by the User without restriction as part of their professional activity.

§12 Complaints

Complaints regarding the operation of the Service may be submitted to [email protected]. The Provider handles complaints within fourteen days of receipt.

§13 Termination

The User may stop using the Service at any time and request deletion of their Account by contacting the Provider. The Provider may terminate the agreement and block the Account in the event of a gross breach of these terms, in particular attempts to compromise the security of the Service or use of the Service contrary to its intended purpose.

The rules for storing and deleting data after termination of the agreement are set out in the Privacy Policy.

§14 Amendments to the terms and final provisions

The Provider may amend these terms for important reasons (changes in law, changes to the Service's functionality, including changes to plan prices). Users will be notified of amendments at least fourteen days in advance by e-mail or by a notice in the Service. A User who does not accept the changes may terminate the agreement before they take effect.

Matters not regulated herein are governed by Polish law. Disputes shall be resolved by the court having jurisdiction over the Provider's registered office, subject to mandatory provisions of law, including provisions protecting Consumers.

The choice of Polish law and forum applies to the contract with the Provider. It does not determine the law governing the contract of sale with the entity named in §6a(1).