Terms of Service

1.1. Who we are and what these terms cover

This website and the services described on it are provided by KAPUSTA.DEV by Dmytro Kapusta, ul. Walerego Wróblewskiego 21E/15, 93-578 Łódź, Poland (NIP 7272892890, REGON 542771137).

These terms govern your use of the website and the general framework for our cooperation. They apply to business clients. For each project we sign a separate contract, order form or accepted written estimate; where that document differs from these terms, the signed document prevails.

By browsing the website, sending a form or accepting an offer, you confirm you have read and accepted these terms.

2.2. Definitions

• Agency — KAPUSTA.DEV, the entity identified above.
• Client — the business entity commissioning services.
• Services — web and mobile development, e-commerce, UI/UX and graphic design, SEO and digital growth, AI and automation, and technical support and maintenance.
• Deliverables — designs, source code, configurations, content and documentation created for the Client under a contract.
• Contract — the signed agreement, order form or accepted written estimate defining scope, timeline, price and payment terms.

3.3. Scope of services and how a project starts

A project starts with a discovery stage: we clarify goals, constraints, integrations and success metrics, then produce a scope description with milestones, responsibilities and an estimate. Work begins after the Contract is signed and, where agreed, the first milestone payment is received.

Anything not listed in the agreed scope is treated as a change request. Change requests are estimated separately and, once approved in writing, are added to the timeline and budget.

4.4. Offers, prices and taxes

Prices, packages and ranges published on the website are indicative starting points for typical projects. They are not a binding offer within the meaning of Article 66 of the Polish Civil Code; they are an invitation to negotiate under Article 71.

A binding price is only the one stated in a signed Contract or an accepted written estimate. Unless stated otherwise, prices are net amounts in the currency of the offer, and VAT is added according to Polish law. Third-party costs (licences, hosting, paid plugins, stock media, ad budgets) are not included unless expressly listed.

An estimate remains valid for 30 days from its date unless the offer says otherwise.

5.5. Timelines and delivery

Timelines are estimates based on the assumption that the Client supplies content, access and feedback within the agreed windows. Delays caused by late materials, late approvals, scope changes or third-party providers shift the timeline accordingly and are not treated as our default.

Deliverables are presented for acceptance at each milestone. The Client has 7 business days to accept or provide a consolidated list of remarks; if no response is given within that period, the milestone is treated as accepted.

6.6. Client responsibilities

• Provide content, brand assets, access to systems and feedback within the agreed timelines.
• Warrant that all materials supplied to us (text, images, fonts, trademarks, code, data) are lawful and that you hold the rights or licences needed to use them.
• Nominate one decision-maker authorised to approve scope, designs and releases.
• Keep credentials shared with us confidential and revoke them promptly when no longer needed.
• Comply with the law that applies to your business, including consumer, advertising and data protection rules for content you publish.

7.7. Revisions and acceptance

Each design or development milestone includes the number of revision rounds stated in the Contract (two rounds by default). Additional rounds, or changes that alter the agreed direction after approval, are billed at the hourly rate stated in the Contract.

Acceptance means the deliverable matches the agreed scope, not that every possible preference has been implemented. Aesthetic preferences raised after an approved direction are handled as change requests.

8.8. Intellectual property

Upon full payment of all amounts due, we transfer to the Client the economic copyright to the Deliverables created specifically for the project, in the fields of use described in the Contract, together with the right to make derivative works unless the Contract states otherwise.

Pre-existing components remain as they are: open-source libraries stay under their own licences, third-party themes, fonts, plugins and stock media stay under the licences purchased for the project, and our internal frameworks, tooling and know-how remain our property, with the Client receiving a perpetual, non-exclusive licence to use them as part of the delivered solution.

Until full payment, the Client receives only a temporary licence to test and review the Deliverables, not to use them commercially.

Unless the Contract says otherwise, we may present the project name, screenshots and results in our portfolio, case studies and marketing materials.

9.9. Payments and late payment

Projects are invoiced in milestones defined in the Contract; retainers and support plans are invoiced monthly in advance. The standard payment term is 7 days from the invoice date, unless the Contract sets another term.

Late payment entitles us to suspend work and withhold releases after written notice, and to charge statutory interest for late payment in commercial transactions. Third-party costs paid on the Client's behalf are re-invoiced at cost.

10.10. Warranty, support and maintenance

We warrant that Deliverables will substantially conform to the agreed scope. Defects reported within the warranty period stated in the Contract (90 days by default from acceptance) are fixed at no extra cost.

The warranty does not cover changes made by the Client or third parties, failures of third-party services, updates of external platforms, hosting outages, content errors supplied by the Client, or requests that are new functionality rather than defects.

Ongoing updates, monitoring, backups and response-time commitments are provided under a separate support plan with its own service levels.

11.11. Confidentiality

Each party keeps the other party's non-public business, technical and commercial information confidential, uses it only to perform the Contract, and protects it with at least the care it applies to its own confidential information. This obligation survives the end of the Contract for 3 years, and indefinitely for trade secrets. It does not cover information that is public, independently developed, or must be disclosed by law.

12.12. Liability

Our total liability arising from a project is limited to the net fees paid by the Client for the stage in which the damage occurred, and we are not liable for lost profits, lost data, loss of revenue, business interruption or indirect or consequential damage, to the extent permitted by law.

These limitations do not apply to damage caused intentionally, to liability that cannot be limited under mandatory law, or to breaches of confidentiality obligations.

We are not liable for third-party services outside our control (hosting, payment gateways, search engines, app stores, advertising platforms) or for results dependent on external factors such as ranking positions or conversion levels, unless a specific guarantee is expressly given in writing.

13.13. Force majeure

Neither party is in default because of events beyond its reasonable control, including natural disasters, war, armed conflict, strikes, epidemics, changes of law, large-scale internet or power outages, or failures of critical infrastructure providers. The affected party informs the other without undue delay, and deadlines are extended by the duration of the event.

14.14. Suspension and termination

Either party may terminate a project in writing with 14 days' notice. We may suspend or terminate immediately for material breach, in particular non-payment after notice, or where continuing would be unlawful.

On termination the Client pays for all work completed and accepted, plus work in progress up to the termination date; we hand over the delivered materials, source code and access created up to that point, provided all invoices are settled.

15.15. Website use and content

We keep website content accurate and up to date but do not guarantee that everything is complete or current at all times; content may change without notice. Case studies show results achieved in specific circumstances and are not a promise of the same outcome.

The website, its texts, graphics, layout and code are protected by copyright. You may view and share links, but copying, scraping, republishing or using content for commercial purposes without our written permission is not allowed. Attempting to disrupt the website, bypass security or send automated bulk submissions through our forms is prohibited.

16.16. Personal data

Personal data submitted through the website is processed as described in our Privacy Policy. Where we process personal data on behalf of a Client during a project, we do so only under a data processing agreement that defines the purpose, scope, security measures and sub-processors.

17.17. Governing law and disputes

These terms and every Contract are governed by Polish law. We first try to resolve any dispute amicably within 30 days of a written notice. If that fails, the dispute is settled by the common court competent for the seat of KAPUSTA.DEV, unless mandatory provisions state otherwise.

18.18. Changes to these terms

We may update these terms; the current version and its date are always published here. Changes do not affect Contracts already signed. Questions about these terms: sales@kapusta.dev.