Terms of Service

Who we are and what these Terms cover #

These Terms of Service (“Terms”) are the regulations (regulamin) for services provided electronically by Alexander Tsyrulnikau, trading as Axcoda, ul. Wołyńska 144 lok. 26, 15-208 Białystok, Poland, NIP 7011109425, email [email protected] (“Axcoda”, “we”).

They apply to the Axcoda dashboard (the “dashboard”) and the apps available in it, starting with Axcoda Guard (together, the “Service”). The Data Processing Agreement and the Privacy Policy form part of the arrangement.

Definitions #

• Customer — a business that creates an account and uses the Service.
• Consumer-like sole trader — a natural person running a business who concludes the contract directly connected with that business, where the contract is not of a professional nature for them, in particular judging by the business activity they registered in CEIDG (Art. 385⁵ of the Polish Civil Code and Art. 7aa of the Polish Consumer Rights Act). Before concluding the contract you may tell us whether it is professional for you; this is optional and does not affect whether we conclude the contract.
• Account owner — the person who created the account or to whom ownership was transferred; team members — people the account owner invites.
• Shop — a TikTok Shop that the Customer connects to the Service.
• Recipient — a Telegram chat, email address or browser that receives alerts.

What does the Service do? #

Axcoda Guard connects to the Customer’s TikTok Shop through the TikTok Shop API, with the Customer’s authorisation, and:

• sends alerts about order shipping deadlines, cancellations, returns and refunds, buyer chats waiting for a reply, low stock, product status and expiring authorisations;
• sends morning and evening digests;
• shows the shop’s health metrics, alerts about drops in them and gives advice;
• lets the Customer manage recipients, team members, alert settings and data.

Alerts are delivered through the channels the Customer chooses: Telegram, email and browser push. The scope of each plan is described on the pricing page.

The Service is provided electronically and continuously, subject to the availability section.

Who can use the Service? #

The Service is intended only for businesses (natural persons running a business, companies and other organisations) that sell on TikTok Shop. It is not intended for consumers. By creating an account you confirm that you act for a business.

Consumer-like sole traders have the additional rights described in Rights of consumer-like sole traders. Nothing in these Terms limits those rights.

Technical requirements #

To use the Service you need:

• a device with internet access and an up-to-date web browser with JavaScript enabled (for example current Chrome, Edge, Firefox or Safari);
• an email address you can access (to sign in);
• an authenticator app supporting TOTP codes (required for account owners);
• a TikTok Shop seller account with the rights to authorise apps;
• for Telegram alerts — a Telegram account; for browser push — a browser that supports push notifications (on iPhone and iPad, iOS 16.4 or later with the dashboard added to the Home Screen).

How is the contract concluded? #

1. You create an account by giving your email address and accepting these Terms and the Data Processing Agreement.
2. The contract is concluded when you confirm your email address by clicking the link we send you. We record the version of the documents you accepted and the time.
3. The contract is concluded for an indefinite period.
4. These Terms are available free of charge at this address before and after the contract is concluded, in a form that can be saved and printed.

Plans and free trial #

• Axcoda Guard is offered on a free plan and on a paid plan. Plans, prices, limits and the free trial are described on the pricing page.
• We never charge you without your explicit order of a paid plan. When a paid plan or trial ends without payment, your account stays on the free plan and your data is kept.

Payments #

• Paid plans are sold by our reseller and Merchant of Record, Paddle.com Market Ltd, which is the seller of record, collects payment, issues the invoice and handles payment questions. Refunds follow our Refund Policy.
• Fees are charged in advance monthly and renew automatically until you cancel. You can cancel in the dashboard; the plan stays active until the end of the paid period.
• We tell you about price changes at least 30 days before they apply; you may cancel before then.

Your obligations #

You must:

• use the Service in line with the law, these Terms and the TikTok Shop terms that apply to you;
• keep your sign-in details and second factor safe and tell us without delay about any unauthorised access;
• give team members and recipients access only when you are entitled to share the shop data with them, and remove them when they should no longer receive it;
• have a legal basis for the processing you entrust to us under the DPA.

You must not:

• provide unlawful content — anything that breaks the law or the rights of others — through the Service (for example in account, team or recipient names);
• try to access other customers’ data, bypass limits or security measures, overload the Service, or scan it for vulnerabilities without following our responsible disclosure rules;
• resell the Service or use it to build a competing product without our consent;
• use the Service in a way that breaks the TikTok Shop terms.

Relationship with TikTok #

• Axcoda is an independent developer and is not affiliated with, endorsed or sponsored by TikTok.
• The Service works through the TikTok Shop API and depends on its availability, scope and rules. TikTok may change or restrict the API, delay or stop sending data, or revoke the authorisation. We will adapt the Service where we reasonably can, but we are not responsible for TikTok’s actions.
• You authorise Axcoda in TikTok Shop yourself and can revoke this authorisation at any time in Seller Center. After revocation the Service stops working for that shop.

What alerts can and cannot do #

• Alerts are an aid, not a guarantee. They are based on data from TikTok at the time it is received; deadlines and rules in TikTok Shop Seller Center always prevail.
• Delivery may be delayed or fail because of TikTok, Telegram, email providers, browser push services, your device or network, or quiet hours and settings you choose.
• You remain responsible for shipping orders, handling returns and replying to buyers on time. Axcoda is not responsible for penalties, sanctions, lower scores or account restrictions imposed by TikTok, except where we caused them by intent or gross negligence, or as provided in Liability.

Availability and changes to the Service #

• We aim for the Service to be available continuously, but we do not promise a specific uptime. Maintenance may cause breaks; we announce planned breaks in advance when possible.
• We may develop and change the Service. If a change removes a significant feature of your paid plan, we tell you at least 14 days in advance and you may cancel and get a refund for the unused period.

Liability #

1. Each party is liable under the general rules of Polish law, subject to the limits below.
2. Our total liability for all claims connected with the Service is limited to the fees you paid for the Service in the 12 months before the event giving rise to the claim, and not less than 100 EUR. We are not liable for lost profits.
3. These limits do not apply to damage caused intentionally, to personal injury, to liability that cannot be limited by law, or to claims of consumer-like sole traders.
4. We are not liable for events beyond our reasonable control, including outages of TikTok, Telegram, email or push providers, or the internet.
5. Liability for breaches of data protection law follows the DPA and Art. 82 GDPR.

Complaints #

• You can complain about the Service by emailing [email protected] or by post to the address above.
• Please include your account email, a description of the problem and what you expect.
• We usually reply within 2 working days, and at the latest within 14 days of receiving the complaint, by email. If the complaint is incomplete, we ask you to complete it and the period runs from receipt of the completed complaint.

Suspension #

We may suspend access to the account, after warning you by email where possible, if:

• you seriously or repeatedly breach these Terms, or
• your use endangers the security of the Service or other customers.

We lift the suspension once the reason is removed. In urgent cases (an active attack, compromised account) we may suspend without prior warning and tell you immediately afterwards.

Ending the contract #

• You may terminate at any time with immediate effect by deleting your account in the dashboard or by emailing us from the account owner’s address. On paid plans, termination takes effect at the end of the paid period unless the law or our Refund Policy gives you a refund.
• We may terminate with 30 days’ notice by email, or without notice if you seriously breach these Terms and do not stop after a warning.
• After termination your data is deleted as described in the Privacy Policy.

Exporting your data and switching providers #

• You can export your data as JSON from the dashboard at any time, including during the notice period. The export covers your account settings, shops, recipients (without addresses), alert settings and tracked items. Other data, for example your sign-in history, we send on request to [email protected].
• If you want to switch to another provider or your own system, we help you with the export under the EU Data Act (Regulation (EU) 2023/2854, Chapter VI): you can ask for it with up to 2 months’ notice; we complete the switch within 30 days from the end of the notice period (extendable when technically necessary, with notice to you), after which you have at least 30 more days to retrieve your data; and we do not charge for switching or exporting. After switching is complete we delete your data as described in the Privacy Policy.

Risks of using services online #

As required by Polish law (Art. 6(1) of the Act on providing services by electronic means), we inform you that using any internet service carries risks such as phishing emails pretending to come from us, malware on your device, or someone taking over your email account. We never ask for your password or two-factor codes by email or chat. Protect your email account and second factor, and sign in only at our address.

Illegal content notices and contact point #

• Our single point of contact for authorities, the European Commission and users under the Digital Services Act (Regulation (EU) 2022/2065, Art. 11–12) is [email protected]; we communicate in Polish and English.
• If you believe that content stored in the Service (for example an account or recipient name) is illegal, tell us at the same address: explain why, show where it is and give your name and email address. We will deal with the notice promptly and tell you the outcome.

Personal data #

How we process personal data as a controller is described in the Privacy Policy. The data we process on your behalf is covered by the Data Processing Agreement, which you accept together with these Terms.

Changes to these Terms #

• We may change these Terms for important reasons: changes in law, in the TikTok Shop rules, in the Service, or in security requirements.
• We email account owners about changes at least 14 days before they take effect and publish the new version with a summary of changes. Previous versions remain available in the archive.
• If you do not accept the changes, you may terminate the contract before they take effect, free of charge.

Rights of consumer-like sole traders #

If you are a consumer-like sole trader:

• Right of withdrawal. You may withdraw from the contract within 14 days of its conclusion without giving a reason (if you order a paid plan later, the period runs from that order), by sending us a statement, for example by email to [email protected]. If you asked us to start providing a paid Service before the end of that period, you pay for the Service provided until you withdraw. You can use the model withdrawal form, but you do not have to.
• Unfair terms. Contract terms that are unfair within the meaning of Art. 385¹ of the Civil Code do not bind you.
• Conformity of the Service. The rules on conformity of digital services with the contract (Chapter 5b of the Consumer Rights Act) apply to you; if the Service does not conform, you can ask us to bring it into conformity, and in the cases set out in the law reduce the price or withdraw from the contract.
• Liability limits in the Liability section do not apply to you.
• Courts. You may bring a claim before the court with jurisdiction under the general rules.

Model withdrawal form #

To: Alexander Tsyrulnikau, ul. Wołyńska 144 lok. 26, 15-208 Białystok, Poland, [email protected]

I hereby give notice that I withdraw from my contract for the provision of the following service: Axcoda (account email: …)

Date of conclusion of the contract: …

Name and address: …

Date: …

Applicable law and disputes #

• Polish law applies. For consumer-like sole traders this does not take away the protection given by the mandatory rules of the law of their country of residence.
• Disputes are resolved by the common court with jurisdiction over the place where Axcoda conducts its business, except for consumer-like sole traders (see above).
• The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Contact #

[email protected] · Alexander Tsyrulnikau, ul. Wołyńska 144 lok. 26, 15-208 Białystok, Poland