Terms of Service

These Terms set out how Michał Fox, trading as Kouryer (hereinafter "Kouryer", "we", "us"), based in Kraków, Poland, email hello@kouryer.com, provides the B2B client acquisition subscription, and how the website kouryer.com and the Client panel may be used.

These Terms are standard contract terms within the meaning of Article 384 of the Polish Civil Code and terms of electronic services within the meaning of Article 8 of the Polish Act of 18 July 2002 on Providing Services by Electronic Means.

We provide the service only to businesses, in connection with their business or professional activity. We do not contract with consumers. Sole traders protected as consumers have the additional rights described in section 15.

The Agreement consists of these Terms, the Service Level Agreement, the Data Processing Agreement, the Outreach Policy and the Plan selected in the Panel. A separate agreement signed by the Parties prevails on the matters it covers. On personal data the Data Processing Agreement prevails over these Terms, and on service levels the SLA prevails.

The Client's general terms of business do not bind Kouryer unless we expressly accept them in Documentary form.

These Terms are available free of charge on the Website in a form that can be printed and saved as a PDF. On request we send them by email.

Within the Subscription we:

1. 1)agree the Ideal client profile, markets and tone of outreach with the Client;
2. 2)pick Target companies matching the profile and check each one before contacting it;
3. 3)prepare the messaging and the first versions of Messages for the Client's approval;
4. 4)register and maintain the Sending domains and Sending mailboxes, including SPF, DKIM and DMARC records and their warm-up;
5. 5)contact one Contact person per Target company, sending the first Message and no more than 2 follow-ups;
6. 6)read replies, answer them on the Client's behalf and book calls on the Client's calendar;
7. 7)provide the Panel, a weekly report and contact with the Account manager within the Plan.

The Plans differ in their monthly scope:

The prices on the Pricing page on the day the Agreement is made are binding. Prices are net. VAT is added where applicable, including under the reverse charge mechanism.

The Subscription is a service of due diligence. We commit to the scope of the Plan and to the levels set out in the SLA. The number of replies, calls and deals the Client closes also depends on the Client's offer, the market and the decisions of Target companies, so the Agreement does not set a minimum number of them.

The Client runs the calls with interested companies, makes offers, negotiates and serves the clients won. The Subscription does not include selling or entering into contracts on the Client's behalf.

We carry out outreach under the Outreach Policy. We may refuse to send a Message or pause a Campaign if its content, audience or offer would breach the law or that policy. We tell the Client in the Panel, with the reason.

The Agreement is made in the Panel. The Client selects a Plan, enters the company details and the details of the person opening the account, and accepts these Terms, the SLA, the Data Processing Agreement and the Outreach Policy. The Agreement is made when the account is created. We send a confirmation with the documents to the account email address.

The person opening the account confirms that they are authorised to enter into the Agreement on the Client's behalf and that the Client enters into it in connection with its business.

After the Agreement is made we issue a pro forma invoice for the Setup fee, payable within 14 days. If the Setup fee is not paid by then, the Agreement lapses and we delete the account as described in the Privacy Policy.

The Subscription starts on the day the Setup fee is received. The first Billing period, the minimum term and Tenure run from that day.

Once the Subscription starts, the Account manager books a kickoff call with the Client, we agree the Ideal client profile, markets and tone, set up the Sending domains and mailboxes and send the first Message versions for approval. The first Messages go out within the deadline in the SLA.

The Client works with us to perform the Agreement, in particular:

1. 1)gives true information about its offer, and about what may not be promised on its behalf;
2. 2)approves or corrects the first Message versions within 3 Business days;
3. 3)names the person whose name appears in the Message signature and confirms that this person has agreed to it, or agrees to the signature of the Account manager acting on the Client's behalf;
4. 4)provides the company's postal address for the Message footer;
5. 5)gives access to a calendar or a booking link;
6. 6)keeps the Exclusion list up to date, in particular with current clients and companies it is already talking to.

The Client agrees to the registration of Sending domains containing its name or mark and confirms that it holds the rights to them. Delays in the actions under section 4.6 extend the SLA deadlines by the length of the delay.

We decline to enter into the Agreement or run a Campaign for the offers and industries listed in the Outreach Policy. If the reason comes to light after the Setup fee was paid, for reasons the Client could not have known, we refund it in full.

The Setup fee is $390 net, paid once and non-refundable, subject to section 4.8, section 15 and the SLA. It covers agreeing the Ideal client profile, the first list of Target companies, preparing the messaging and the first Messages, and registering, configuring and warming up the Sending domains and mailboxes.

The Subscription is paid in advance for each Billing period and renews automatically for the next period while the Agreement lasts.

Amounts are shown in Polish zloty on the Polish version of the Website and in US dollars on the English version. The currency is set when the Agreement is made and does not change while it lasts.

We issue invoices electronically and make them available in the Panel and by email. The Client accepts electronic invoices.

The Client pays by card through the payment operator shown in the Panel or by bank transfer within 7 days of the invoice date. Payment is made on the day our account is credited or the payment operator confirms the payment.

The Client orders a Plan change in the Panel. The new Plan applies from the next Billing period. When moving to a higher Plan, the new limits apply once the additional Sending mailboxes are ready, which we show in the Panel. When moving to a lower Plan, the Client chooses which Campaigns stay, and we pause the others while keeping their data in the Panel.

We do not change the Plan price during the minimum term. After it we may change the price with at least 30 days' notice by email and in the Panel. A Client who does not accept the new price may cancel the Agreement effective the day before the change.

If a payment is late, we may charge statutory interest for late payment in commercial transactions and compensation for recovery costs under the Polish Act of 8 March 2013 on Preventing Excessive Delays in Commercial Transactions.

The Client may not set off its claims against ours without our consent in Documentary form. SLA credits are settled as set out in the SLA.

A Subscription that runs without a break gets cheaper at these thresholds:

Tenure counts from the first paid Billing period. We recalculate the discount at every renewal. It covers the whole Subscription of the account, all Campaigns, but not the Setup fee.

A pause (section 7) moves the start of Tenure by its length. A discount reached before the pause is kept.

If a payment fails, the Client has 14 days to pay, and Tenure continues during that time.

Tenure resets on the day a cancellation made by the Client takes effect, and when the Client does not pay an overdue amount within 14 days of the due date. In the second case Tenure starts again from the day of payment, and after a new Agreement from the new start of the Subscription.

The discount cannot be paid out or moved to another account. The Client sees current Tenure, the discount and the date of the next threshold in the Billing section of the Panel.

Once per calendar year the Client may schedule a Subscription pause in the Panel for 1 to 3 full Billing periods.

A pause starts at the next Subscription renewal, and not before the minimum term has ended. The year of a pause is the year in which it starts.

During a pause Campaigns send no Messages, the Account manager completes conversations with companies that replied before the pause, and we issue no Subscription invoices. The Panel, the Exclusion list and opt-outs keep working. We keep the Sending domains and mailboxes so that Campaigns can resume after the pause without a new warm-up.

The Client may cancel a scheduled pause in the Panel before it starts. A pause that has started lasts until the end of the chosen period, after which the Subscription renews automatically.

A pause is not a cancellation of the Agreement and does not reset Tenure.

If payment for a Billing period does not arrive on time, we tell the Client by email and in the Panel. For 14 days after the due date Campaigns run as usual.

If the overdue amount is not paid within 14 days, we pause sending until it is paid, and Tenure resets. While sending is paused, we process opt-outs, the Panel works in read-only mode and the Account manager passes incoming replies to the Client.

If the amount remains overdue for more than 30 days after the due date, we may give the Client 7 days' notice to pay, stating that we will then terminate the Agreement with immediate effect. In that case the fees for Billing periods up to the end of the minimum term become due.

Once the overdue amount is paid, we resume Campaigns no later than the next Business day.

The Agreement is made for an indefinite term, with a minimum term of 3 full Billing periods from the start of the Subscription.

The Client may cancel the Agreement at any time in the Panel, in the Billing section, or by email from the account owner's address to hello@kouryer.com. A cancellation made during the minimum term takes effect at the end of the Billing period in which the minimum term ends. A cancellation made after the minimum term takes effect at the end of the current Billing period. The Panel shows the effective date before you confirm.

Campaigns run as usual until the effective date. From the next day we send no Messages, and the Account manager completes or hands over to the Client the conversations with companies that replied earlier.

The Client may withdraw a cancellation in the Panel until its effective date. The Agreement then continues unchanged and Tenure does not reset.

We may terminate the Agreement with immediate effect if the Client:

1. 1)despite a warning, demands contact with people on the Suppression list, with private addresses or otherwise in breach of the Outreach Policy;
2. 2)gives false information in its offer or carries on unlawful business;
3. 3)is in arrears as described in section 8.3;
4. 4)otherwise materially breaches the Agreement and does not remedy the breach within 14 days of notice.

The Client may terminate the Agreement with immediate effect, including during the minimum term, if we materially breach the Agreement and do not remedy the breach within 14 days of notice, and in the cases set out in the SLA.

We do not refund fees for a Billing period that has started unless the Agreement ends through our fault. In that case we refund the Subscription fee for the unused days of the period and, in the cases set out in the SLA, also the Setup fee.

For 30 days after the Agreement ends the Panel works in read-only mode. During that time the Client can download the list of Target companies with their cards and statuses as a CSV file, print or save the weekly reports and read the reply threads. On a request made during that time we send an export of the threads within 14 days, as a CSV file with the message content.

The Client keeps: the list of Target companies picked for it, the replies and the details of interested companies, notes, reports, the Ideal client profile and the Message texts written for the Client. The Client may use them without limits in time or territory, subject to data protection law and opt-outs.

Kouryer keeps: the Panel and the software we use, our methods, general templates and know-how developed in work for many clients, and the Suppression list, from which nobody can be removed at a Client's request.

We register the Sending domains in the name of Kouryer and pay for them as part of the Subscription. We use them only for the Client whose brand they refer to and never for another client. Within 30 days after the Agreement ends the Client may ask us to transfer the Sending domains to its account with a registrar of its choice. We transfer them without any charge on our side; the registrar's transfer and renewal fees are paid by the Client. Domains not requested for transfer are not renewed and never used again.

The Sending mailboxes run on our mail server and are not transferred as accounts. For 30 days after the Agreement ends we forward new replies to the email address the Client names, or to the account owner's address if none is named. We then delete the mailboxes. Their content is available in the export under section 10.1.

After the read-only period, within 30 days, we delete the account and the Campaign data, except invoices and billing records, which we keep for 5 years from the end of the tax year, data needed to establish or defend legal claims, and Suppression list entries. Details are in the Data Processing Agreement and the Privacy Policy.

The Client is responsible for its offer, materials and the promises it has approved being true and lawful, and for the marks, names and content it provides for Campaigns not infringing third-party rights.

The Client changes its offer, tone and audience in the Panel. Changes apply to new Messages after the Account manager has reviewed them. Messages already sent do not change.

The Client may not ask for contact with people on the Suppression list, consumers or private addresses, and may not provide address lists obtained unlawfully, in particular purchased lists.

The Client indemnifies Kouryer against third-party claims arising from the offer, materials and marks it provided or approved and from its own actions after an interested company has been handed over to it, and covers reasonable defence costs, provided it is promptly notified of the claim and allowed to take part in the defence.

The Client is responsible for the people it has given access to the Panel and for actions taken from their accounts.

We perform the Agreement with professional care and are liable for the people we use as for ourselves.

The total liability of Kouryer to the Client under the Agreement, on any legal basis, is limited to the net fees paid by the Client in the 12 months before the event that caused the loss, including the Setup fee.

We are not liable for loss of profit, including lost revenue and lost deals, or for indirect loss.

In particular we are not liable for:

1. 1)decisions of Target companies, including no reply and refusals;
2. 2)filtering and blocking by recipients' email providers, if we acted in line with the SLA and the Outreach Policy;
3. 3)outages of external services chosen by the Client, in particular its calendar;
4. 4)the consequences of content and information provided or approved by the Client;
5. 5)what happens with an interested company after it has been handed over to the Client.

The limits in sections 12.2 to 12.4 do not apply to loss caused intentionally, to personal injury, or where the law does not allow liability to be limited.

Credits granted under the SLA count towards any damages for the same event.

The Parties keep confidential all information obtained in connection with the Agreement, in particular access credentials, the Client's offer and prices, lists of Target companies, correspondence and the terms of cooperation.

This does not apply to information that is public, known to a Party before the Agreement, or required to be disclosed by law. In the last case the Party discloses only what is necessary and, where permitted, tells the other Party first.

We do not name the Client as our client in marketing materials without its consent in Documentary form.

Confidentiality continues after the Agreement ends.

Kouryer is the controller of the data of the Client, Users and people acting for the Client. The Privacy Policy explains how we process it.

The Client is the controller of the data of Contact persons processed in Campaigns, and Kouryer processes it as a processor on the Client's instructions. The Data Processing Agreement, which the Parties enter into by accepting these Terms, sets out the rules.

We keep the Suppression list as a controller, so that a person who opted out receives no Message in any campaign. The Privacy Policy explains it.

A Sole trader protected as a consumer has protection against unfair contract terms, the right to withdraw from a distance contract and remedies for a service that does not conform to the contract, to the extent the law grants them. Provisions of these Terms that conflict with those rules do not bind such a Client.

A Sole trader protected as a consumer may withdraw from the Agreement without giving a reason within 14 days of entering into it. It is enough to send a statement before that period ends, for example by email to hello@kouryer.com. The model form in the annex to these Terms may be used but is not required.

We start work before the withdrawal period ends only at the express request of such a Client, made when opening the account or later in Documentary form. Without that request we start the kickoff and the Sending domain setup after 14 days from the Agreement, and the SLA deadlines run from that day.

If the Client asked us to start before the withdrawal period ended and then withdraws, it pays for the service provided up to the withdrawal, in proportion to its scope, including the completed part of the work covered by the Setup fee. We refund the rest within 14 days of receiving the statement, using the same payment method unless the Client agrees to another method at no cost to it.

Sections 5.9, the second sentence of 8.3, 11.4 and 12.2 to 12.4 do not apply to a Sole trader protected as a consumer to the extent consumer protection law provides otherwise.

Complaints about the Subscription, the Website and the Panel can be made in the Tickets section of the Panel or by email to hello@kouryer.com.

A complaint should identify the account, describe the problem and, if possible, the expected resolution. Missing information does not mean the complaint is ignored.

We reply within 14 days of receipt, in the form in which the complaint was made.

Credits for missed service levels are handled under the SLA.

By electronic means we provide, free of charge, the content of the Website and the contact form, and as part of the Agreement an account in the Panel. The agreement to use the Website is made when you start using it and can be ended at any time by stopping use.

Using the Website and the Panel requires a device with internet access, an up-to-date browser with JavaScript and the cookies needed for sign-in enabled, and an active email address. Installing the Panel as an app and push notifications are optional.

The account owner adds Users and gives them roles: owner, team member or view only. Each User protects their password and does not share it.

Providing unlawful content, disrupting the Website or the Panel and attempts at unauthorised access are prohibited. We may block an account that breaks these rules and tell the account owner.

Using the internet involves risks such as malware and phishing for sign-in details. We never ask for your password by email.

We plan and announce maintenance of the Panel as set out in the SLA.

We may change these Terms for important reasons, in particular changes in the law, decisions of authorities, changes in the scope or manner of the service, or security.

We announce changes by email and in the Panel at least 14 days before they take effect, and price changes as set out in section 5.7.

A Client who does not accept a change may, before it takes effect, cancel the Agreement effective the day before the change, including during the minimum term. This does not apply to changes required by law and changes that only benefit the Client.

Changes apply from the first Billing period that starts after they take effect. Previous versions are available on request.

The Agreement is governed by Polish law, including where the Client is based outside Poland.

The Parties will try to resolve disputes amicably. Disputes with Clients are settled by the common court having jurisdiction over the seat of Kouryer, and disputes with Sole traders protected as consumers by the court having jurisdiction under general rules.

The Parties communicate by email and in the Panel. Statements made this way meet the Documentary form requirement. A message sent to the latest email address of the account owner is deemed delivered.

These Terms are available in Polish and English. If the versions differ, the Polish version prevails.

If any provision proves invalid, the rest remains in force, and the invalid provision is replaced by the one closest to its purpose.

The Client may not transfer its rights or obligations under the Agreement to a third party without our consent in Documentary form.

These Terms apply from 24 October 2026.