§1. Service Provider
The KinderManage Service is provided by Dawid Szoka, running a business under the name KinderManage Dawid Szoka, ul. Nadawki 9A/36, 16-010 Wasilków, Poland, NIP (tax ID) 9662225808, REGON 545551790, entered in the Central Register and Information on Economic Activity (CEIDG) (the "Service Provider").
Contact: kontakt@kindermanage.com, phone +48 575 929 517.
§2. Definitions
Client — an entrepreneur, legal person or organisational unit running a preschool, nursery, children's club or another care or education facility, which has concluded the Agreement.
Facility — a unit run by the Client for which a Facility Account has been created. One Client may have several Facilities; a separate Agreement is concluded for each of them.
Service — the KinderManage system available through the web application and the mobile applications (iOS, Android), used to manage a Facility.
Facility Account — a separate space in the Service in which the Client stores and processes Client Data.
User — a person to whom the Client, or the Service Provider on the Client's instruction, has given an account in the Facility (e.g. owner, director, teacher, parent or guardian).
Owner — a User who has been given the Facility owner role in the Service; acts on behalf of the Client in matters of the subscription and Online Payments.
Plan — a variant of the Service set out in the Price List, including limits on the number of children and file storage.
Price List — the current price list available at kindermanage.com/pricing or an individual offer sent to the Client.
Billing Period — a month or a year, as chosen by the Client.
Trial Period — the free period of using the Service referred to in §5.
Client Data — all data, including personal data, entered into the Facility Account by the Client or Users.
Agreement — the agreement for the provision of the Service concluded on the terms of these Terms.
Data Processing Agreement — the personal data processing agreement available at kindermanage.com/dpa, forming part of the Agreement.
User Terms — the terms setting out the rules for Users' use of the Service.
Autopay — Autopay S.A. with its registered office in Sopot (ul. Powstańców Warszawy 6, 81-718 Sopot, Poland), entered in the National Court Register (KRS) under no. 0000320590, a national payment institution supervised by the Polish Financial Supervision Authority (register no. IP17/2013).
Online Payments — a function of the Service enabling Users to pay bills issued by the Facility through the payment service provided by Autopay (§8).
Payout Account — the Client's bank account reported in the Service and approved by the Service Provider, to which Autopay transfers payments made through Online Payments.
Autopay Terms — the terms of the Autopay payment service, which the payer accepts on the Autopay website before ordering a payment.
§3. Nature of the Agreement
The Client concludes the Agreement in connection with its business. These Terms are not intended for consumers.
These Terms do not exclude or limit the rights of a Client who is a natural person running a business under Article 385⁵ of the Polish Civil Code and Article 7aa of the Polish Consumer Rights Act, where the Agreement is not of a professional nature for that Client.
The Service Provider may conclude an agreement on individually agreed terms with a Client that is a public finance sector unit; these Terms apply to matters not regulated there.
§4. Conclusion of the Agreement
The Agreement is concluded when the Facility Account is created: the Facility name and e-mail address are provided, a Plan is selected and these Terms and the Data Processing Agreement are accepted.
The person creating the Facility Account represents that they are authorised to conclude the Agreement on behalf of the Client. If they act without such authority, they bear the consequences provided for in Article 103 of the Polish Civil Code.
The Client completes the data needed to issue an invoice (name, NIP, address) in the Service before the end of the Trial Period. Without a NIP and address the Service Provider cannot issue an invoice.
The Agreement is concluded for an indefinite period.
The content of these Terms and the Data Processing Agreement is available before the Agreement is concluded in a way that allows it to be downloaded, stored and printed.
§5. Trial Period
After the Facility Account is created, the Client uses the Service free of charge for 14 days. The Service Provider may extend the Trial Period by informing the Client.
The Client may withdraw before the end of the Trial Period without any charges.
If the Client selects a paid Plan by the end of the Trial Period, the first paid Billing Period in the selected Plan begins at the end of the Trial Period.
If the Client does not select a paid Plan by the end of the Trial Period, access to the Facility Account is blocked and the Agreement expires at the end of the Trial Period. §13(4) applies to Client Data; selecting a Plan within that period restores access under a new Agreement.
§6. Prices and payments for the Service
The fee for the Service follows from the Price List and the selected Plan, including — where the Plan provides for it — the number of children above the Plan limit.
The Service Provider is exempt from VAT under Article 113(1) of the Polish VAT Act. Prices are final amounts. If the exemption is lost, the net prices in the Price List will be increased by the applicable VAT, of which the Service Provider will notify the Client in advance.
The fee is payable in advance for the Billing Period. At the beginning of the Billing Period the Service Provider makes available in the Service and sends by e-mail a bill in the form of a pro forma invoice with a 14-day payment term.
The Client pays:
by bank transfer to the bank account indicated on the pro forma invoice — the Service Provider records the payment in the Service once it has been credited, or
online, in the web application, through Autopay — the payment is executed by Autopay on the terms of the Autopay Terms. The Autopay commission for this payment is borne by the Service Provider; the Client pays only the amount of the bill.
The date of payment is the date the Service Provider's bank account is credited or — for online payments — the date Autopay confirms the execution of the transaction.
After receiving payment the Service Provider issues an invoice. Invoices are issued electronically and delivered to the Client's e-mail address or made available in the Service, and where required by law — in the National e-Invoice System (KSeF). The Client accepts electronic invoices.
Price guarantee. As long as the Agreement continues without interruption and the Client pays for subsequent Billing Periods, the price of the selected Plan does not change. A new price may apply only after a break in the subscription or after a change of Plan or Billing Period at the Client's request.
Fees for a started Billing Period, including an annual one, are not refundable upon withdrawal; the Client retains access until the end of the paid period.
§7. Non-payment
If a bill is not paid on time, the Service Provider sends a payment reminder.
After 7 days from the payment deadline the Service Provider may block access to the Facility Account for the Client and all Users until payment is made. Client Data is not deleted during that time. The block also covers Online Payments.
After payment, access is restored without undue delay.
If the Billing Period for which no payment was made expires in full, the unpaid bill is cancelled and restoring access requires renewing the subscription in the next Billing Period. No fee is due for the blocking period.
If the arrears continue for more than 30 days from the payment deadline, the Service Provider may terminate the Agreement with immediate effect (§13(3)).
§8. Online Payments of Facility bills
Nature of the function. Online Payments are an additional function. The Client decides to enable them by reporting a Payout Account. The Service Provider charges no fees for them either to the Client or to Users.
Role of Autopay and the Service Provider. The payment service is provided by Autopay in its own name, solely to the paying person, under the Autopay Terms. The Service Provider only provides the technical integration of the Service with the Autopay system: it is not a payment service provider or an agent of Autopay, it does not accept or hold payers' funds and does not intermediate in their transfer. Autopay transfers the funds from each payment directly to the Payout Account. The Client does not conclude an agreement with Autopay.
Payout Account.
The Payout Account is reported in the Service only by the Owner, who confirms the report with their password.
The Client represents and warrants that the Payout Account is a bank account held in Poland for the Client, and that the data provided (account number, recipient name and — on request — NIP and KRS number) are true and up to date. The Client acknowledges that this data is transmitted to Autopay in every transaction and is also used by Autopay to perform its obligations under anti-money laundering and counter-terrorist financing laws.
The Service Provider verifies the report before approving it and may refuse approval or request a document confirming that the account belongs to the Client.
Changing the Payout Account requires a new report. Until the new account is approved, payments go to the previously approved Payout Account or Online Payments remain disabled.
The Service Provider informs the Owner by e-mail of the report, approval, rejection and disabling of the Payout Account.
Fees and conditions for payers. Autopay may charge the payer a fee in accordance with the Autopay Terms; the payer sees its amount before ordering the payment. The Client does not charge payers any fees for using Online Payments, does not make the amount due dependent on them and does not introduce restrictions on their availability (e.g. amount or time limits) other than those resulting from the operation of payment instruments or Autopay limits.
Scope. An online payment covers the entire unpaid amount of a given bill. The Service does not support recurring payments or saving payment instruments — each payment is ordered by the payer. The amount of a single transaction may not exceed the Autopay limit (the equivalent of EUR 1,000); bills for higher amounts are paid by bank transfer.
Alternative. The Client ensures that payers can also pay the bill by a regular bank transfer to its bank account, without additional fees.
Recording. The status of an online payment is updated in the Service automatically based on confirmation from Autopay. The Client checks that payments received in the Payout Account match the data in the Service.
Refunds and complaints.
Refunds of overpayments and of amounts paid for cancelled or incorrect bills are made by the Client directly to the payer (e.g. by bank transfer) and recorded in the Service. The Service does not order refunds through Autopay.
Complaints about the execution of a payment transaction are handled by Autopay under the Autopay Terms. A Client who receives such a complaint forwards it to the Service Provider at kontakt@kindermanage.com promptly, no later than on the next business day, together with the transaction number; it does not respond to it on its own and does not acknowledge the payer's claims against Autopay without agreement with the Service Provider. Questions about the amount and basis of the amount due are handled by the Client.
The Client cooperates with the Service Provider and Autopay in clarifying complaints and abuse, providing the necessary information on request.
Reimbursement (recourse). The Client reimburses the Service Provider for amounts charged to the Service Provider by Autopay on account of:
a payer's complaint upheld by the issuer of their payment instrument (a chargeback) concerning a payment to the Client — in the amount of the transaction value and the fee charged by Autopay, unless the complaint results solely from a malfunction of the Service;
untrue, outdated or incomplete Payout Account data provided by the Client;
the Client's breach of paragraph 4, including the amount of fees charged without basis and a contractual penalty.
The Service Provider presents the Client with the charge document received from Autopay. The Client pays within 14 days of receiving the demand. The Service Provider may set off these amounts against amounts due to the Client.
Suspension. The Owner may suspend and resume Online Payments in the Service at any time. The Service Provider may suspend or disable them, informing the Client, when:
there is a reasonable suspicion of abuse, fraud or irregularities in the Payout Account;
the Client breaches this section or is in arrears with payments (§7);
Autopay or a competent authority requests it;
the Service Provider's agreement with Autopay expires or is terminated.
Change of operator. The Service Provider may replace Autopay with another payment service provider or stop providing Online Payments, informing the Client at least 30 days in advance, and in the case of paragraph 10(c) or (d) — without delay. This does not constitute a restriction of the core functions of the Plan within the meaning of §9(4).
Communication. The Client informs payers about Online Payments fairly, stating that the service is provided by Autopay. It sends commercial information about Online Payments or Autopay only to persons who have consented to receive it.
§9. Service Provider obligations and availability
The Service Provider provides the Service with due diligence and makes efforts to keep it continuously available. The Service Provider does not guarantee a specific level of availability.
The Service Provider announces planned maintenance that may make the Service unavailable at least 48 hours in advance (in the Service or by e-mail) and, where possible, carries it out outside typical facility working hours. Urgent work required for security reasons may be carried out without notice.
The Client reports failures and errors to kontakt@kindermanage.com. The Service Provider confirms receipt of the report and informs about progress.
The Service Provider may develop and change the functions of the Service. A change may not materially restrict the core functions of the Plan paid for by the Client in the current Billing Period.
§10. Client obligations
The Client is responsible for Client Data: its accuracy, having a legal basis for processing it and fulfilling information obligations towards parents, guardians and staff (Articles 13 and 14 GDPR), including about the use of the Service and — if enabled — Online Payments.
The Client manages User accounts and roles in the Facility and is responsible for granting access to the right persons and revoking it when no longer needed.
The Client enters health data of children and other special category data into the Service only to the extent necessary for providing care, in accordance with the Data Processing Agreement. It does not include them in bill titles, which are transmitted to Autopay and visible in the transfer title.
The content of consents collected in the Service from parents and guardians is determined by the Client, who is responsible for it.
If the Facility is added to a network of facilities managed by another person, the Client represents that it has authorised that person to access Client Data to the extent resulting from their role.
The Client may not use the Service contrary to the law or make it available to third parties other than the Facility's Users.
§11. Personal data protection
With respect to Client Data the Client is the controller and the Service Provider is the processor. The rules of processing are set out in the Data Processing Agreement.
With respect to its own data (including User accounts, security, settlements with the Client, the Payout Account and data needed to operate the Autopay integration — transaction identifiers, the payer's e-mail address and IP address) the Service Provider is the controller — in accordance with the Privacy Policy.
Autopay is a separate controller of the data of payers and payment recipients processed in connection with the payment service it provides. Autopay is not a sub-processor of the Service Provider within the meaning of the Data Processing Agreement.
The Service Provider may use aggregated, anonymised statistics (e.g. number of active Facilities or children, number of transactions) to maintain and develop the Service.
§12. Liability
The Service Provider's liability to the Client under the Agreement and the Data Processing Agreement, regardless of the legal basis, is limited to the total fees paid by the Client for the given Facility in the 12 months preceding the event giving rise to the damage.
The Service Provider is not liable for the Client's lost profits.
The Service Provider is not liable for damage resulting from: the content and accuracy of Client Data; actions of Users, including their disclosure of login credentials; a block applied in accordance with §7; suspension of Online Payments in accordance with §8(10); the operation, unavailability or decisions of Autopay, banks and other payment service providers; force majeure; failures of internet infrastructure independent of the Service Provider.
The limitations do not apply to damage caused intentionally (Article 473 §2 of the Polish Civil Code) or to liability that cannot be limited under the law, including liability towards data subjects under Article 82 GDPR.
§13. Termination of the Agreement
The Client may terminate the Agreement at any time, in the subscription settings or by e-mail, with effect at the end of the paid Billing Period.
The Service Provider may terminate the Agreement with 30 days' notice for important reasons (e.g. discontinuation of the Service). In that case the Service Provider refunds the fee for the unused paid period proportionally.
The Service Provider may terminate the Agreement with immediate effect if the Client grossly breaches these Terms or the law, including §8(3)(b) or §8(4), or if the payment arrears last more than 30 days from the deadline.
Data after termination. For 90 days after the Agreement ends, Client Data remains blocked but stored so that the Client can restore the subscription or request an export. On a request made within that period the Service Provider delivers Client Data in a structured, commonly used format (e.g. CSV, JSON) within 30 days. After that period Client Data is deleted in accordance with the Data Processing Agreement.
Online Payments are disabled when the Agreement ends. The obligations under §8(8) and (9) relating to payments made during the Agreement continue to bind the Client after it ends.
§14. Complaints
The Client submits complaints about the Service or settlements to kontakt@kindermanage.com, describing the problem and indicating the Facility.
The Service Provider handles a complaint within 14 days and responds by e-mail.
Complaints about the execution of payment transactions by Autopay are handled by Autopay (§8(8)).
§15. Confidentiality
The parties keep confidential information about the other party obtained in connection with the Agreement that is not publicly available, during the Agreement and for 3 years after it ends, unless disclosure is required by law. Providing Autopay with information necessary to execute Online Payments and handle complaints is not a breach.
§16. Intellectual property
The Service, its software, graphic design, the KinderManage name and logo are protected by law and belong to the Service Provider. The Autopay name and logo belong to Autopay.
For the duration of the Agreement the Service Provider grants the Client a non-exclusive, non-transferable licence to use the Service by the Client and the Facility's Users, in accordance with its purpose, worldwide.
Client Data belongs to the Client. The Service Provider acquires no rights to it other than those necessary to provide the Service.
§17. Changes to the Terms
The Service Provider may change these Terms for important reasons: changes in the law, a court ruling or decision of an authority, changes to the functions of the Service, changes to the terms of suppliers (including Autopay) or security reasons.
The Service Provider informs the Client of a change by e-mail or in the Service at least 30 days before it takes effect, and where required by law or security — within a shorter period.
A Client who does not accept the change may terminate the Agreement before it takes effect at no additional cost.
A change to the Terms may not increase a price covered by the guarantee in §6(7).
§18. Final provisions
The Agreement is governed by Polish law.
Disputes are resolved by the court competent for the Service Provider's place of business, subject to §3(2).
The parties may make statements concerning the Agreement by e-mail (documentary form).
In the event of discrepancies in matters of personal data protection the Data Processing Agreement prevails.
These Terms are drawn up in Polish and English; the Polish version is binding.
These Terms are effective from 1 November 2026.