Terms of Service

Last updated: September 12, 2026

Thank you for using Ofinly. These Terms of Service ("Terms") govern your access to and use of the Ofinly platform. By creating an account or using the service, you agree to these Terms. Please read them carefully.

1. Definitions

  • "Service" - the Ofinly platform, including the Business App (web and companion mobile apps), Client App, website (ofinly.com), and all related services.
  • "Business User" - a person or entity that creates a business account to manage a salon, including salon owners, managers, and staff members invited to the platform.
  • "Client User" - a person who creates an account or authenticates via the website or mobile app to discover salons, browse services, manage saved addresses, and book or manage appointments. Client booking services are free of charge.
  • "Consumer" - a natural person who uses the Service for purposes not directly related to their business or professional activity, within the meaning of Art. 221 of the Polish Civil Code.
  • "Content" - any data, text, images, or other materials uploaded to the Service by users.
  • "Business Client Data" - personal data of salon clients that Business Users enter and manage through the Service (names, phone numbers, appointment history, notes, etc.).

2. Provider & Merchant of Record

The Service is operated by:

  • Name: Damian Masior
  • Address: ul. Oswiecimska 51, Gorzow, Poland
  • NIP: 5492377002
  • Email & DSA Single Point of Contact (Arts. 11 & 12 DSA): [email protected]

Subscriptions for the Business App are sold and billed through Paddle (Paddle.com Market Ltd / Paddle Payments Ltd), who acts as Merchant of Record for all subscription transactions.

3. Service Description and Technical Requirements

Ofinly is a salon management and appointment booking platform. The Service consists of:

  • Business App (Web at business.ofinly.com and companion mobile apps for iOS and Android) - salon management including appointment scheduling, client database, team coordination, automated reminders, service catalog, and analytics.
  • Client App (iOS and Android) - salon discovery, service browsing, and appointment booking for consumers.
  • Website (ofinly.com) - informational website about the Service.

Technical requirements:

  • A modern web browser (such as Chrome, Safari, Firefox, or Edge) to access the web application.
  • A mobile device running iOS 16 or later, or Android 10 or later, to run companion mobile apps.
  • An active internet connection.
  • A valid email address for account registration.
  • Push notifications are recommended for appointment reminders and updates.

4. Account Registration

To use the Service, you must create an account. By registering, you confirm that:

  • You are at least 16 years old.
  • The information you provide is accurate and complete.
  • You will keep your login credentials confidential.
  • You are responsible for all activity that occurs under your account.

You may register as a Business User (to manage a salon) or as a Client User (to book appointments). One person may hold both types of accounts. Automated or bot-created accounts are not permitted.

The contract for the provision of electronic services is concluded upon successful account creation and acceptance of these Terms.

5. Subscriptions and Payments (Business Users)

The Client App is free. The following applies to Business App subscriptions only.

5.1 Free Trial

New Business Users receive a 30-day free trial with 3 staff seats and full access to all features. No payment details are required during the trial. At the end of the trial, access to management features will be suspended until an active subscription is started. No automatic charges will occur without your explicit action.

5.2 Paid Plans & Per-Seat Billing

After the trial, continued access to full features requires an active subscription billed per active staff seat on a monthly or annual billing cycle. Pricing displayed on the website or promotional materials represents configured examples. Final localized price, currency, applicable taxes (such as VAT or sales tax), and totals are calculated and displayed by Paddle at checkout on business.ofinly.com before purchase confirmation.

5.3 Merchant of Record

Subscriptions are sold by Paddle (Paddle.com Market Ltd / Paddle Payments Ltd) as Merchant of Record. Paddle processes transactions, provides customer billing support, handles tax compliance, and issues invoices in accordance with Paddle Checkout Buyer Terms.

5.4 Seat Adjustments

You may adjust the number of staff seats at any time through the billing portal on business.ofinly.com:

  • Increasing seats: takes effect immediately and is billed on a prorated basis for the remainder of the current billing cycle.
  • Decreasing seats: takes effect immediately in terms of active seat capacity, but does not result in a refund or credit for the unused time in the current billing period; the lower seat count will be billed upon the next subscription renewal.

5.5 Auto-Renewal and Cancellation

Subscriptions renew automatically at the end of each billing cycle unless canceled before the renewal date. You can manage or cancel your subscription at any time through the billing management portal accessible in the web app at business.ofinly.com. Cancellation stops future automatic renewals while preserving your subscription access through the end of the paid period.

Note: Deleting your account or removing staff members does not automatically cancel an active subscription. You must manage or cancel your subscription via the web billing portal.

5.6 Refunds

Refund requests for subscription purchases are handled in accordance with Paddle Checkout Buyer Terms and our Refund Policy.

6. Right of Withdrawal

If you qualify as a consumer under applicable law, you have a statutory right of withdrawal from the subscription contract within 14 days of conclusion in accordance with consumer regulations. For subscriptions sold via Paddle as Merchant of Record, withdrawal statements may be submitted to us at [email protected] or directly to Paddle.

7. Digital Content Conformity (Consumer Users)

In accordance with the Act on Consumer Rights (Ustawa o prawach konsumenta), the Service will:

  • Conform to the description provided in these Terms and in the app/website.
  • Be fit for the purposes for which similar digital services are normally used.
  • Be provided with updates necessary to maintain conformity for the duration of the subscription.

If the Service does not conform to the contract, you have the right to demand that it be brought into conformity (fix or update). If conformity cannot be achieved within a reasonable time or without significant inconvenience to you, you may:

  • Request a proportionate reduction in price, or
  • Withdraw from the contract.

This right applies for the entire duration of your subscription. During the first year, any non-conformity is presumed to have existed at the time the Service was first provided.

8. Acceptable Use and Content Moderation (DSA)

8.1 Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of applicable laws.
  • Interfere with or disrupt the operation of the Service or its infrastructure.
  • Attempt to gain unauthorized access to any part of the Service.
  • Upload malicious software, viruses, or harmful content.
  • Use automated tools (bots, scrapers) to access the Service without our written permission.
  • Harass, spam, or abuse other users of the platform.
  • Upload content that infringes the intellectual property rights of others.

Business Users additionally agree not to enter client personal data into the Service without a lawful basis under applicable data protection laws, and not to use the Service for purposes unrelated to salon or business management.

Violations may result in a warning, temporary suspension, or account termination, applied proportionally to the severity of the violation.

8.2 Digital Services Act (DSA) and Content Moderation

In accordance with Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022 on a Single Market for Digital Services (Digital Services Act – DSA), the Provider applies the following rules regarding communication points, illegal content notices, and content moderation:

  • Single Point of Contact (Arts. 11 & 12 DSA): The Provider has designated a single point of contact for direct communication with Member States' authorities, the European Commission, the European Board for Digital Services, and recipients of the Service (users): [email protected]. Communications may be submitted in Polish and English.
  • Notice and Action Procedure for Illegal Content (Art. 16 DSA): Any individual or entity may notify us of the presence of content considered illegal within the Service by emailing [email protected]. Notices must contain:
    1. a sufficiently substantiated explanation of the reasons why the information constitutes illegal content;
    2. a clear indication of the exact electronic location of that information (such as URL, salon profile, identifier), and additional identifying details where necessary;
    3. the name and email address of the notifying individual or entity (except in notices concerning offenses relating to child sexual abuse and exploitation);
    4. a statement confirming the notifying party's bona fide belief that the information and allegations contained therein are accurate and complete.
    We send an acknowledgment of receipt without undue delay, assess the notice in a timely, diligent, and non-arbitrary manner, and notify the submitter of our decision and available redress mechanisms.
  • Statement of Reasons for Moderation Decisions (Art. 17 DSA): If we decide to remove content, disable access to it, suspend or terminate the provision of the Service, or suspend or terminate a user's account due to illegality or breach of these Terms, we will provide the affected user with a clear and specific statement of reasons (detailing facts and circumstances, the contractual or legal grounds relied upon, and available avenues of appeal).
  • Internal Complaint-Handling System (Art. 20 DSA): Users and notifying parties have access to a free-of-charge internal complaint-handling system against moderation decisions or account suspension/termination. Complaints may be submitted electronically to [email protected] within 6 months of the date of notification of the contested decision. Complaints are handled under human oversight in a timely, non-discriminatory, and diligent manner.
  • Out-of-Court Dispute Settlement (Art. 21 DSA): Users and notifying parties are entitled to select any certified out-of-court dispute settlement body to resolve disputes regarding decisions taken within our internal complaint-handling system, without prejudice to the right to initiate court proceedings before a competent court.

9. Intellectual Property and Content

9.1 Your Content

You retain all rights to Content you upload to the Service. By uploading Content, you grant Ofinly a limited, non-exclusive license to host, display, and process that Content solely for the purpose of providing the Service to you. This license terminates when you delete the Content or when your account is deleted.

Business Users are responsible for ensuring they have the necessary rights to all Content they upload, including salon photos, descriptions, and client data.

9.2 Our Intellectual Property

Ofinly and its licensors own all rights, title, and interest in the Service, including its software, design, trademarks, and documentation. Your use of the Service does not grant you any ownership rights. You receive a non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.

You may not reverse-engineer, decompile, copy, or create derivative works based on the Service without our express written permission.

10. Data Processing (Business Users)

When a Business User determines the purposes and essential means of processing personal data concerning its clients, prospective clients, staff or other persons and manages that data through Ofinly, the Business User acts as the data controller and Ofinly acts as the data processor within the meaning of Article 28 GDPR.

The Data Processing Agreement, version DPA-2026-09-12 is incorporated into and forms an integral part of these Terms. By accepting these Terms as a Business User that is a controller, or as a person authorized to act for that controller, you also accept that DPA and authorize processing and the engagement of sub-processors on its terms.

The DPA governs processing carried out by Ofinly on the Business User's behalf, including documented instructions, confidentiality, security, assistance, incidents, audits, deletion or return, sub-processors and international transfers. If the DPA conflicts with these Terms on such processing, the DPA prevails. The Privacy Policy separately describes processing for which Ofinly acts as a data controller.

11. Platform Role and Salon-Client Relationship

Ofinly is an electronic technology platform connecting salons with clients. We provide information society services within the meaning of the Polish Act on Providing Services by Electronic Means (UŚUDE), consisting of search, booking, and appointment management tools. We are not a party to the contract for salon services entered into between a salon and a client. Specifically:

  • We do not guarantee the quality, safety, legality, or availability of salon services.
  • We do not guarantee the accuracy or completeness of salon listings, descriptions, or photos uploaded by Business Users.
  • We do not guarantee that appointment slots shown as available will remain available at the time of booking confirmation.
  • We do not provide salon services ourselves. Any contract for salon services is concluded directly and exclusively between the Business User (salon) and the Client User (acting as a consumer under the Polish Civil Code and the Polish Act on Consumer Rights).

11.1 Booking Data Transfer and Independent Data Controllers

To facilitate appointment booking and enable the selected salon to render the requested service, Ofinly transmits the following booking information to the salon (Business User) upon appointment submission by the Client User:

  • Client's first and last name,
  • Phone number and email address,
  • Appointment details: selected service, assigned staff member, appointment date and time, estimated price,
  • Any client notes, comments, or preferences entered in the booking form,
  • For mobile (client-location) appointments: delivery address (street, building/apartment number, postal code, city), geographic coordinates, and any access or arrival instructions provided.

In connection with booking fulfillment and the provision of salon services, Ofinly and the respective Business User (salon) act as separate and independent data controllers within the meaning of Article 4(7) GDPR:

  • Ofinly acts as controller for platform account maintenance, digital infrastructure, booking facilitation, and technical data transmission security.
  • The Salon (Business User) becomes an independent data controller upon receiving the booking data for the purposes of performing the salon service, direct communication with the client, tax and accounting record-keeping, and defending against legal claims. The salon is solely and fully responsible for ensuring its data processing complies with the GDPR and applicable local laws.

11.2 Exercise of GDPR Rights and Liability Disclaimer

Client Users acknowledge and agree that data subject rights under the GDPR (including rights of access, rectification, erasure, or objection) concerning data held and processed by the salon must be exercised directly with the relevant salon.

Ofinly disclaims all liability for the processing, retention, storage, unauthorized sharing, or other acts or omissions of the Business User with respect to client personal data once transmitted via the platform for booking fulfillment.

Disputes regarding the quality, performance, or delivery of salon services, as well as statutory consumer conformity claims, are strictly between the salon and the client. Ofinly may, at its discretion, assist in resolving disputes but has no obligation to mediate.

11.3 Indemnification and Hold Harmless (Business Users)

In relationship with Business Users, pursuant to Article 392 of the Polish Civil Code (contract for performance by third party / assumption of third-party performance liability), the Business User agrees to indemnify, defend, and hold harmless Ofinly (the Provider) from and against any and all claims, disputes, lawsuits, liabilities, damages, losses, fines, and expenses (including reasonable legal and attorney fees) asserted against or incurred by the Provider by or on behalf of salon clients (Client Users) or any other third party arising out of or in connection with:

  • personal injury, illness, bodily harm, death, or property damage resulting from the provision, improper execution, or substandard preparation of salon services, hairdressing, cosmetic treatments, or other procedures by the Business User, its employees, or contractors;
  • non-performance, defective performance, delays, or cancellations of salon appointments by the Business User;
  • pricing disputes, inaccurate charges, refusal to honor booked pricing, or failure to refund payments collected directly by the salon;
  • any violation of data protection laws (including the GDPR) by the Business User concerning client or staff personal data, including entering data into the CRM database without a lawful legal basis or unlawful processing thereof;
  • the transmission of unsolicited commercial communications (spam), unlawful direct marketing, or breach of the Polish Act on Electronic Communications (Prawo komunikacji elektronicznej) or the Act on Providing Services by Electronic Means (UŚUDE) by the Business User.

In the event of any third-party claim against the Provider, the Business User shall, upon the Provider's first demand, step into the proceedings on the Provider's behalf or join as an intervening party, assume the defense at its sole expense, and in the event of an adverse judgment, administrative decision, or settlement, fully satisfy all ordered or agreed sums, fines, and damages, and reimburse the Provider for all reasonable legal fees and litigation costs.

11.4 User Reviews and Ratings (Verification and Transparency)

In compliance with Directive (EU) 2019/2161 (Omnibus Directive) and applicable regulations on unfair commercial practices, Ofinly ensures transparent and verified customer reviews:

  • Verified Reviews Only: Only registered Client Users who have completed an actual salon appointment booked through Ofinly are permitted to submit ratings and reviews for that salon. The platform technically prevents review submission unless the corresponding booking is recorded in the system as completed.
  • No Review Manipulation: We do not publish, commission, or procure fake reviews, endorse misleading reviews, remove or alter negative reviews merely because of their critical nature, or manipulate review rankings. All submitted reviews—both positive and negative—are published, provided they comply with these Terms.
  • Review Moderation: Reviews are moderated strictly for compliance with law and acceptable use standards (prohibiting illegal content, vulgarity, hate speech, spam, third-party personal data, or advertising unrelated to the appointment). Moderation is carried out in accordance with Section 8.2 (DSA).

12. Liability

12.1 General

Ofinly provides a technology platform for salon management and appointment booking. Our liability is limited as described below, to the maximum extent permitted by applicable Polish law.

12.2 Business Users

Subject to Section 12.3, our total aggregate liability to Business Users arising out of or in connection with these Terms, any contract, or the use of the Service shall not exceed the total subscription fees actually paid by you in the 3 months immediately preceding the event giving rise to the claim. We are not liable to Business Users for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, lost revenue, loss of goodwill, lost data (where caused by your failure to maintain adequate backups), or business interruption.

Pursuant to mandatory Article 473 § 2 of the Polish Civil Code, the limitations and exclusions of liability set forth in this section do not apply to damages caused by intentional fault (wina umyślna) or to personal injury.

12.3 Consumer Users and Sole Proprietors with Consumer Status

Nothing in these Terms limits or excludes our liability to consumers in any way that is not permitted under applicable Polish law, including the Polish Civil Code and the Act on Consumer Rights (Ustawa o prawach konsumenta).

The limitations and exclusions of liability set forth in Section 12.2 do not apply to a natural person concluding a contract directly related to their business activity when the contract indicates that it does not have a professional character for them, determined in particular by the subject of their business activity registered in CEIDG (pursuant to Article 3855 of the Polish Civil Code – Sole Proprietors with Consumer Status). Such persons benefit from the liability protections afforded to Consumers. Consumer Users and Sole Proprietors with Consumer Status retain all statutory rights regarding digital content conformity, complaint procedures, and withdrawal rights as described in these Terms.

12.4 General Exclusions

Regardless of user type, we are not liable for:

  • The quality, safety, or legality of salon services provided by Business Users to their clients.
  • Actions or omissions of third parties, including payment processors (Paddle), hosting providers, or salons listed on the platform.
  • The processing, storage, or use of Client User personal data by Business Users (salons) after transmission through the platform.
  • Service interruptions caused by factors outside our reasonable control (see Section 16).
  • Your violation of applicable laws, including data protection regulations.
  • Content uploaded by other users of the platform.

13. Service Modifications and Price Changes

We may modify, improve, or update the Service from time to time, including adding or removing features. For non-essential changes (UI improvements, new features, bug fixes), no prior notice is required.

For material changes that significantly reduce functionality you are currently paying for, we will provide at least 30 days' notice via email or in-app notification. If you do not agree with a material change, you may terminate your account before the change takes effect.

If we change subscription prices, we will give at least 30 days' notice. Price changes will apply from the next billing cycle after the notice period. You may cancel your subscription before the new price takes effect.

If we decide to discontinue the Service entirely, we will provide at least 90 days' notice and allow you to export your data.

14. Termination and Account Deletion

14.1 Termination by You

You may cancel your account at any time through the app settings. For Business Users with an active subscription, cancellation of the subscription takes effect at the end of the current billing period. Your data will be available for export for 30 days after account deletion, after which it will be permanently removed.

14.2 Termination by Ofinly

We may terminate or suspend your account:

  • Immediately, if you use the Service for illegal purposes, commit fraud, or seriously violate these Terms in a way that affects other users or system security.
  • With 14 days' written notice, if you materially breach these Terms and fail to cure the breach within the notice period.
  • With 30 days' notice, if we discontinue the Service (subject to the 90-day notice period in Section 13 for full discontinuation).

14.3 Data After Termination

  • Upon account deletion, your data will be removed from active systems within 30 days.
  • Backups containing your data will be purged within 60 days.
  • Data required by law (e.g. billing and tax records) may be retained for up to 5 years as required by Polish tax regulations.
  • Business Users may request a data export (JSON or CSV) before account deletion.

14.4 Surviving Provisions

Sections on liability, intellectual property, data processing obligations, and governing law survive termination of these Terms.

15. Complaints Procedure

If you have a complaint regarding the Service, contact us at [email protected]. Please include:

  • A description of the issue.
  • Your account email address or other identifier.
  • Your expected resolution.

We will respond to complaints within 14 days of receipt. If we do not respond within this period, the complaint is deemed accepted in accordance with Art. 7a of the Act on Consumer Rights.

If you are not satisfied with the resolution, you may:

  • Contact the Provincial Inspectorate of Trade Inspection (Wojewodzki Inspektorat Inspekcji Handlowej).
  • Use an out-of-court dispute resolution body (ADR).
  • File a claim with the competent court (see Section 17).

16. Force Majeure

Neither party shall be liable for failure or delay in performing obligations under these Terms if caused by circumstances beyond reasonable control, including but not limited to: natural disasters, pandemics, government actions, widespread internet outages, cyberattacks on third-party infrastructure, or failures of third-party service providers.

This does not include foreseeable technical issues, planned maintenance, or business decisions. The affected party must notify the other party and make reasonable efforts to resume performance. If a force majeure event continues for more than 90 days, either party may terminate the affected services.

17. Governing Law and Dispute Resolution

These Terms and all contracts entered into hereunder are governed by Polish law.

For disputes involving Business Users that do not hold consumer protection status (excluding Consumers and Sole Proprietors with Consumer Status under Article 3855 of the Polish Civil Code), the common court having territorial jurisdiction over the Provider's registered office shall have exclusive jurisdiction.

For disputes involving Consumer Users and individuals entitled to statutory consumer protection under Article 3855 of the Polish Civil Code, court jurisdiction shall be determined under the general provisions of the Polish Code of Civil Procedure (including the option to bring action before the court competent for the consumer's place of residence).

For data protection complaints, you may contact the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych, UODO), ul. Stawki 2, 00-193 Warszawa, uodo.gov.pl.

18. Changes to These Terms

The Provider reserves the right to amend these Terms exclusively for valid reasons, which constitute an exhaustive list:

  1. changes in generally applicable legal regulations, entry into force of new statutes, or repeal of existing laws that directly affect the content of these Terms, the rights and obligations of the parties, or the method of providing the Service;
  2. a binding court judgment, order of a public administrative authority, or decision of a regulatory supervisory body (in particular the President of UOKiK or the President of UODO) requiring the Provider to modify these Terms or the service provision;
  3. the introduction of new digital features or services, modification of existing functionality, or withdrawal of features for technical or operational reasons, provided this does not prejudice acquired user rights during paid terms;
  4. changes in technical conditions of service delivery, telecommunications infrastructure upgrades, or changes in third-party service integrations essential to the platform's operation (including payment processor, cloud hosting, telecommunications, or map service providers);
  5. the necessity to prevent fraud, abuse, violations of law or these Terms, harm to users, or to improve the security of the Service and personal data protection;
  6. organizational changes or legal restructuring of the Provider, including changes in legal business form, trade name, registered address, or identification and contact details.

Registered users will be notified of any proposed amendment with at least 30 days' advance notice via email sent to the address associated with the account and through an in-app announcement.

Any user who does not agree to the proposed amendments has the right to terminate the contract for the provision of the Service (close their account or cancel their subscription) with effect on the day preceding the effective date of the new Terms, without incurring any contractual penalty or additional fee. Failure to terminate the contract before the scheduled effective date and continued use of the Service constitutes acceptance of the amended Terms.

Purely editorial, formal corrections, typographical amendments, or hyperlink updates that do not affect user rights and obligations do not constitute an amendment to the Terms under this section and may take effect immediately.

19. Final Provisions

  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.
  • Entire agreement: These Terms, together with the Privacy Policy and the Refund Policy, constitute the entire agreement between you and Ofinly regarding the use of the Service.
  • No waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
  • Assignment: We may assign our rights and obligations under these Terms with prior notice. You may not assign your account or rights without our consent.
  • Language: In case of any discrepancy between the English and Polish versions of these Terms, the Polish version prevails for users subject to Polish law.

20. Contact

For questions about these Terms and inquiries regarding the Digital Services Act (DSA): [email protected].

Annex 1: Model Withdrawal Form

The model withdrawal form is available on a separate page.