1. General principle
Room Profit Sp. z o.o., with its registered office at ul. Marszałkowska 89 lok. 44, 00-693 Warszawa, Polska, entered in the register of entrepreneurs under KRS number 0001098472, NIP 521-345-67-89, REGON 524 891 372, share capital PLN 10 000 fully paid up ("Room Profit", "we"), sells subscription-based, business-to-business software modules that connect to Profitroom Suite through the official Profitroom API. Because the Service is delivered continuously and on a monthly billing cycle, the ordinary rules of Polish contract law applicable to professional-to-professional contracts (Ustawa z dnia 23 kwietnia 1964 r. Kodeks cywilny) govern the relationship. In particular there is no automatic right of refund analogous to the fourteen-day withdrawal right that applies to consumer distance contracts under Article 27 of the Ustawa z dnia 30 maja 2014 r. o prawach konsumenta ("Consumer Rights Act"). Where a specific right of refund does apply under this Policy, it is described below in each scenario.
2. Fourteen-day consumer withdrawal — narrow application
The Consumer Rights Act grants a fourteen-day right of withdrawal from distance contracts concluded with a consumer. Room Profit's Service is designed for and marketed to hotel operators and hospitality groups that use Profitroom Suite in the course of their business; a natural person purchasing the Service for personal use is not a typical Customer. However, where the Customer qualifies as a consumer within the meaning of Article 22(1) of the Polish Civil Code, or as a natural person entered in the CEIDG whose subscription does not have a professional character for that person (a so-called "microentrepreneur-consumer" under Article 3855 of the Polish Civil Code), the fourteen-day right of withdrawal is available under the terms of Articles 27 to 38 of the Consumer Rights Act. The withdrawal period begins on the day of the conclusion of the contract and is exercised by an unambiguous statement addressed to billing@profit.dapokl.com.
The right of withdrawal does not apply in the situations listed in Article 38 of the Consumer Rights Act. In particular Article 38 point 1 excludes contracts for the provision of a service if the trader has fully performed the service with the express prior consent of the consumer, who was informed before the start of performance that after that performance the right of withdrawal would be lost. Consumers who ask us to start delivery of the Service before the end of the withdrawal period will be asked to make an express statement to that effect; if we thereafter fully perform the Service, the right of withdrawal is lost in accordance with the Act. Where the Service has been partially delivered when a valid withdrawal is exercised, the consumer must pay a proportional amount corresponding to the extent of the performance already carried out, in line with Article 35 of the Consumer Rights Act.
3. Onboarding period and first-month-included policy
Every new subscription includes an initial onboarding month during which our team configures the modules, connects the Profitroom API, imports historical data, and trains the Customer's users. The first calendar month is included in the plan price at no additional cost. If during the onboarding month Room Profit materially fails to deliver the promised functionality — for example because a critical module cannot be provisioned due to a defect on our side — the Customer may terminate the subscription and request a pro-rata refund of any subscription fee already paid for the period following the failure. Terminations grounded in the Customer's own change of mind, in changes in the Customer's business circumstances that were not caused by Room Profit, or in a decision not to complete the onboarding steps within the Customer's control do not give rise to a refund. Onboarding hours already delivered are not refundable in any event.
4. Cancellation notice for standard monthly plans
Subscriptions are payable monthly and renew automatically at the end of each monthly period unless terminated. Either Party may terminate the subscription at the end of the then-current monthly period by giving at least thirty (30) days' written notice. Notice is validly given by email from the administrator address on file to billing@profit.dapokl.com. On timely notice, the subscription ends at the close of the monthly period in respect of which notice was given, no further invoice is issued, and the Service is de-provisioned within a thirty-day grace period during which the Customer may export data. Because notice is given for a future period, no refund of fees paid for the already-completed periods is due.
5. Failed onboarding scenarios
In some cases the Customer's Profitroom Suite plan does not include API access at the moment of onboarding. Where this obstacle is identified during onboarding, Room Profit will help the Customer troubleshoot the situation, including by liaising with the Customer's Profitroom account manager and by suggesting the required upgrade or authorisation. If the obstacle cannot be resolved within fourteen (14) days from the initial identification and no partial Service has been provisioned in the meantime, the Customer may terminate the subscription and receive a full refund of any fee actually paid for the first month, less any onboarding hours already delivered. This scenario also applies if a third-party constraint outside the Customer's control (for example an unresolved Profitroom incident on the Profitroom side) prevents the connection of the Service.
6. Failure of Room Profit modules — service credits
Where Room Profit fails to meet a documented service level defined in the Terms of Service (for example the monthly uptime target of 99.5%), the Customer may claim a service credit against the next invoice. Service credits are computed as follows: below 99.5% and above or equal to 99.0% — 5% credit; below 99.0% and above or equal to 95.0% — 10% credit; below 95.0% — 25% credit. Service credits are the Customer's sole and exclusive remedy for missed service levels and are not refundable in cash. Claims must be submitted to billing@profit.dapokl.com within thirty (30) days of the end of the affected month and must include the reservation ranges, timestamps, and Profitroom tenant identifier necessary to verify the claim. Failures caused by scheduled maintenance announced at least 48 hours in advance, by force majeure events, or by the Customer's own actions (for example withdrawal of API credentials) are excluded from service-credit calculations.
7. Payment disputes handling
A Customer that disputes an invoice must notify billing@profit.dapokl.com in writing within fourteen (14) days of the invoice date, stating the reasons and identifying the specific line items concerned. Room Profit will investigate the dispute promptly and, if the invoice is found to be in error, will issue a corrective invoice ("faktura korygująca") in accordance with Article 106j of the Ustawa z dnia 11 marca 2004 r. o podatku od towarów i usług. Amounts that are not disputed must be paid within the ordinary payment period; failure to pay undisputed amounts does not turn the dispute into a broader payment freeze and may lead to statutory late-payment interest for undisputed portions, calculated in accordance with the Ustawa z dnia 8 marca 2013 r. o przeciwdziałaniu nadmiernym opóźnieniom w transakcjach handlowych.
8. Chargebacks and their consequences
Where the Customer pays by card and initiates a chargeback with its card issuer without first raising the dispute through the process described in Section 7, Room Profit reserves the right to suspend the affected Service immediately, to charge the Customer for the administrative cost of handling the chargeback (currently EUR 25 per chargeback), and to reject any subsequent card payments from the same Customer for a period of six (6) months. A chargeback found by the card scheme to be unjustified will be added back to the Customer's account together with the administrative cost. Because the ordinary payment method is bank transfer against invoice, chargebacks are an exception rather than the rule, and we expect Customers to work with our billing team to resolve any dispute before contacting the card scheme.
9. Termination for cause — no refund
Where Room Profit terminates the subscription for cause on the ground of a material breach by the Customer (in particular non-payment beyond thirty days after a formal reminder, fraud, breach of the Acceptable Use Policy, or breach of the Data Processing Addendum), no refund of fees already paid is due. Where the Customer terminates for cause on the ground of a material and unremedied breach by Room Profit, the Customer is entitled to a pro-rata refund of subscription fees paid in advance in respect of the period after the effective date of termination. In both cases the terminating Party must give written notice describing the breach and, where applicable, allow the other Party fourteen (14) days to remedy the breach if the breach is capable of remedy.
10. Currency and bank fees
Refunds are issued in euro (EUR) to the bank account from which the original payment was made, or to another account nominated by the Customer in writing. Bank fees, foreign-exchange spreads, and intermediary bank charges are borne by the Customer and are deducted from the amount refunded. Where the original payment was made in a currency other than euro due to a card-scheme conversion, Room Profit refunds the amount actually received from the payment processor and does not compensate for exchange-rate fluctuations between the payment date and the refund date. Our IBAN for outgoing refunds is PL61 1020 1013 0000 0234 5678 9012 at PKO Bank Polski; the payment reference will identify the invoice being refunded.
11. Refund timeline
Once a refund has been approved by Room Profit, the payment will be released within fourteen (14) business days from the date of approval. Where the refund is issued to the same card that was used for the original payment, the funds may appear on the Customer's statement after an additional processing delay imposed by the card scheme (typically five to ten business days). Where the refund is issued by bank transfer, the funds should reach a Polish domestic account on the same business day or the next business day after release. Refunds crossing the border may take longer depending on intermediary banks.
12. Contact for refund requests
All refund requests must be submitted in writing to billing@profit.dapokl.com. The request should identify the subscription concerned, the invoices or payments in respect of which the refund is sought, and the ground on which the refund is requested. Refund decisions are communicated in writing, together with reasons, within fourteen (14) business days of a complete request. If additional information is needed the fourteen-day period is suspended until that information is received. General questions about this Policy may also be sent to support@profit.dapokl.com; general legal notices should be sent by post to Room Profit Sp. z o.o., ul. Marszałkowska 89 lok. 44, 00-693 Warszawa, Polska.
13. Consumer arbitration and out-of-court options
Where the Customer qualifies as a consumer or as a microentrepreneur-consumer entitled to invoke consumer rights under Article 3855 of the Polish Civil Code, out-of-court dispute resolution options are available in addition to the ordinary courts. In Poland, the local powiat (starostwo) or municipal consumer ombudsman (rzecznik konsumentów) provides free advice and mediation. Consumers may also use the Online Dispute Resolution platform operated by the European Commission at ec.europa.eu/consumers/odr in respect of contracts concluded online. The Prezes Urzędu Ochrony Konkurencji i Konsumentów (UOKiK), Plac Powstańców Warszawy 1, 00-950 Warszawa, provides information on consumer rights, and permanent consumer arbitration courts (stałe polubowne sądy konsumenckie) may be available for certain sectors. Nothing in this Section limits the Customer's right to bring proceedings before the competent Polish court under the ordinary rules of civil procedure. For B2B disputes the courts of the Sąd Okręgowy w Warszawie retain exclusive jurisdiction under the Terms of Service and Polish law governs.