Terms of Service

Last updated: September 5, 2026

1. General

  • These Terms set out the rules for using the CommentTap online service at commenttap.com (the "Service").
  • The Operator of the Service is Michał Kołnierzak conducting business under the name "KOLM MICHAŁ KOŁNIERZAK", ul. Milenijna 43/2, 03-130 Warsaw, Poland, NIP 5361929091, REGON 367735680 (the "Operator" or "Provider").
  • Contact: hello@commenttap.com, support@commenttap.com; billing matters: billing@commenttap.com.
  • The Terms are made available free of charge before the agreement is concluded, in a way that allows them to be stored and reproduced.

2. Definitions

  • Services — services provided electronically within the Service, including SaaS software for creating and running social-media communication campaigns (automatic replies to comments, DMs, keyword triggers, lead collection, analytics).
  • User — a natural person, legal person or organisational unit using the Service.
  • Consumer — a User who is a natural person acting for purposes outside their trade, business or profession (Art. 22¹ of the Polish Civil Code).
  • Entrepreneur with consumer rights (PNPK) — a natural person entering into an agreement directly related to their business where the agreement is not of a professional nature for them.
  • Account — the User's individual profile in the Service.
  • Plan — a subscription variant with a defined scope and price.
  • Contact (Lead) — a person whose data the User processes through the Service in their campaigns.
  • Platforms — external social services (Instagram/Meta and others) whose APIs the Service uses.

3. Scope of services; technical requirements

  • The Operator provides SaaS software with related features (integrations, analytics, team management, billing). The exact scope depends on the chosen Plan.
  • Requirements: a device with internet access, a current browser, an active email address, and — for integrations — an account on the relevant Platform with the required permissions (e.g. an Instagram professional account).
  • The Operator strives for continuous availability but does not guarantee uninterrupted availability of features dependent on Platform APIs — their operation and availability may change independently of the Operator (see sections 10 and 11).

4. Registration and Account

  • Using the full features requires an Account and providing accurate data.
  • The User is responsible for the confidentiality of login credentials and for actions taken under the Account.
  • By creating an Account the User declares they are authorised to represent the entity on whose behalf they use the Service and that they may use the connected Platform accounts.
  • Providing unlawful content is prohibited.

5. Conclusion of the agreement, Plans, freemium model

  • The agreement is concluded upon activation of the Account or purchase of a Plan.
  • The Service operates on a freemium model: a free Free plan offered indefinitely with limited features and limits (e.g. up to 100 active contacts per month, 1 connected account, up to 4 active campaigns), and paid plans: Starter, Growth, Business and Scale. The Free plan is not a time-limited trial and does not require payment-card details.
  • Some features are available only on higher Plans — e.g. AI features (message suggestions, intent matching) from Growth upward. Automatic limit scaling (overage) is available on all paid Plans billed monthly (see section 6).
  • Current Plans, their scope and prices are shown in the Service (pricing); the source of truth for prices is the products in Stripe. Prices are stated as gross prices. For customers in Poland, billing and invoices are issued in PLN including VAT; otherwise the billing currency is USD. The PLN amount is determined at payment time from the USD list price using the exchange rate applied by the payment provider (Stripe), plus VAT at the applicable rate; the total payable is shown before you confirm payment.
  • A paid-Plan agreement is concluded for a billing period (monthly or annual) and renews automatically unless terminated per section 12.

6. Payments, invoices, limits

  • Payments are handled by Stripe. Accounting documents (invoices) may be issued and synced via inFakt.
  • The subscription fee is charged in advance for the billing period. Failed payment may result in suspension or restriction of access.
  • Billing is based on active contacts in the billing period. An active contact is a contact to which at least one automated message was delivered in the period. Each Plan has a monthly active-contact limit.
  • On exceeding the limit: on Free a hard cap applies — automations stop covering new contacts until the period ends or the Plan changes (manual handling remains possible). On all paid Plans billed monthly, automatic scaling (overage) applies by default — automations keep running and contacts above the limit are charged per started 1,000 contacts, per the pricing; a safety ceiling (a multiple of the Plan limit) blocks new contacts beyond it. You choose in billing settings whether to allow overage (optionally with your own, lower ceiling) or apply a hard cap with no extra charges at all. Overage applies only to monthly billing — annual billing keeps a hard cap. Upgrading mid-period raises the current period's limit to the new Plan's limit, which reduces or removes any overage accrued.
  • Changing a Plan (upgrade/downgrade) is settled per Stripe rules.
  • Invoices are provided electronically; the User consents to e-invoices.
  • Purchases made inside the mobile app (Apple App Store, Google Play) are billed by the relevant store, not by us. For such subscriptions automatic limit scaling (overage) does not apply — a hard cap always does: once the Active Contacts limit for the Plan is used up, automations stop until the next billing period. Store rules do not allow us to charge for usage outside their in-app purchase mechanism. Changing the Plan, cancelling the subscription and payment history are handled in your store account.

7. Right of withdrawal (Consumer and PNPK)

  • A Consumer or PNPK may withdraw from a distance agreement within 14 days without giving a reason, by a statement (e.g. to support@commenttap.com). You may use the withdrawal form template (optional).
  • The Services are digital services/content. If the User requests that the Service begin before the withdrawal period ends, they make an explicit request and acknowledge that: for a digital service — after full performance they lose the right of withdrawal, and on withdrawal during performance they pay for what was provided; for digital content delivered with the Consumer's prior consent and acknowledgement — the right of withdrawal is lost once performance begins.
  • The right of withdrawal does not apply to entrepreneurs other than PNPK.

8. Obligations and acceptable use

  • The User agrees to use the Service lawfully, in good faith and in accordance with these Terms and the Platforms' terms and policies (in particular Meta Platform Terms, Instagram Community Guidelines, messaging rules).
  • Prohibited in particular: sending spam and unsolicited communication, breaching Platform anti-spam limits, manipulating reach, impersonation, collecting data without a legal basis, and using the Service for unlawful, offensive or infringing content.
  • The Service is for lawful communication and marketing campaigns, including obtaining consents from Contacts where required.
  • The Operator may apply safeguards (limits, cooldowns, exclusion lists) to ensure Platform-policy compliance and prevent abuse.

9. User content and data

  • The User retains rights to the content they provide (campaign materials, PDFs, links, texts).
  • The User grants the Operator a non-exclusive licence to process that content to the extent necessary to provide the Services (hosting, display, delivery to Contacts).
  • Data protection is described in the Privacy Policy. Where the User processes Contact data through the Service, the Operator acts as processor under the data processing agreement (DPA), an attachment to these Terms.

10. Dependence on Platforms (Meta/Instagram)

  • Integration features rely on Platform APIs and are subject to their rules, limits and review processes (e.g. Meta App Review).
  • The Operator is not liable for Platform changes, restrictions, outages or decisions (including suspension of API access or blocking of a User's Platform account) beyond its control.
  • The User is solely responsible for the compliance of their activities with Platform terms.

10a. Giveaway campaigns

  • The Service provides features for running giveaway campaigns: collecting participant entries, gathering email addresses and an auxiliary winner draw. The Operator provides a technical tool only.
  • The User is the sole organiser of any contest run through the Service and bears full responsibility for its legality, in particular: distinguishing the contest from a game of chance or lottery within the meaning of the Polish Gambling Act, tax obligations related to prizes, obligations toward participants under the GDPR (legal basis, information duties, consents), and compliance with Platform terms, including Meta Platform Terms and promotions guidelines.
  • The Operator is not the organiser of the contest, the promisor of any prize, nor a party to the legal relationship between the User and participants; it is not responsible for awarding prizes, their quality, or resolving disputes with participants.
  • The winner-draw feature is auxiliary (a deterministic algorithm with a recorded seed that allows the result to be reproduced) and does not constitute an official lottery draw or a notarial act. The User alone decides the rules for selecting and verifying winners.
  • The User must make contest rules available to participants to the extent required by law; reminders shown in the Service are informational only and do not release the User from their obligations.
  • Promotions run on Meta/Instagram Platforms are not sponsored, endorsed or administered by Instagram/Meta, nor associated with them; the organiser is the User, who agrees to include an appropriate notice in contest communications.
  • The User releases the Operator from liability and agrees to indemnify it (compensation for damage and reasonable costs, including legal fees) against claims of third parties, participants or authorities related to the contest, to the extent permitted by law; this provision does not affect the rights of Consumers and PNPK to the extent it would be impermissible.

11. Liability and availability

  • The Operator provides the Services with due care, aiming for high availability, but does not guarantee a specific availability level and reserves the right to technical breaks and maintenance. The Operator does not currently offer a separate SLA and provides the Services on a best-effort basis; an SLA may be offered for higher Plans under a separate agreement.
  • Toward Users who are neither Consumers nor PNPK, the Operator's liability is limited to actual documented losses, excluding lost profits, up to the total fees paid by the User to the Operator in the 12 months preceding the event giving rise to liability (for the free Plan — up to PLN 500). These limitations do not apply to Consumers and PNPK to the extent they would be impermissible.
  • The Operator is not liable for the consequences of a User's actions that are unlawful or contrary to Platform policies.

12. Termination and account deletion

  • The User may cancel the subscription at any time with effect at the end of the current billing period and delete the Account.
  • The Operator may terminate or suspend access in case of a material breach of the Terms, law or Platform policies, after prior notice where possible and justified.
  • After the agreement ends, data is deleted per the Privacy Policy; the User should export needed data within 30 days of termination, after which data is deleted or anonymised.

13. Complaints

  • Complaints may be submitted to support@commenttap.com with account details and a description of the issue.
  • The Operator handles complaints within 14 days of receipt. For Consumers, failure to respond within this period means the complaint is upheld.
  • For Consumers and PNPK, the rules on conformity of digital content/services with the contract apply.

14. Out-of-court dispute resolution (Consumer)

  • A Consumer may use out-of-court dispute resolution (ADR), e.g.: mediation via the Provincial Inspectorate of the Trade Inspection or a permanent consumer arbitration court at the Trade Inspection; free help from the district (municipal) consumer ombudsman; information on the website of the Office of Competition and Consumer Protection (UOKiK): uokik.gov.pl.
  • Using ADR is voluntary and depends on both parties' agreement.
  • The EU online dispute resolution (ODR) platform ceased operation on 20 July 2025 and is no longer available; these Terms contain no reference to it.

15. Changes to the Terms

  • The Operator may change the Terms for important reasons (changes in law, features, billing model, Platform requirements).
  • Users will be informed of changes electronically at least 14 days in advance. Continued use means acceptance; a User who objects may terminate the agreement with effect at the end of the billing period.
  • For agreements with Consumers, changes apply with respect for their rights.

16. Governing law and jurisdiction

  • The governing law is Polish law, subject to the mandatory consumer-protection rules of the Consumer's country of habitual residence.
  • Disputes with Users who are not Consumers are settled by the court competent for the Operator's seat. Disputes with Consumers — the court competent under general rules.

17. Final provisions