Terms and Conditions of Sales and Services

Published: January 29, 2026. See previous versions (https://www.codetwo.com/regulations/sales-and-services/#previous-versions)

General

1. These Terms and Conditions of Sales and Services ("Terms") describe how you can conclude a contract with us (CodeTwo sp. z o.o. sp.k.) and regulate how we provide our services to our customers ("Customer" or simply you).

CodeTwo sp. z o.o. sp. k. ("CodeTwo" or simply we or us) is a limited partnership established under the laws of the Republic of Poland. Our EU VAT ID number is PL6112622141. We are entered in the register of entrepreneurs of the Polish National Court Register under KRS number 0000438398, and our registration records are kept by the District Court for Wrocław - Fabryczna in Wrocław, Poland. You can find our full contact details here (https://www.codetwo.com/company/contact).

1. We provide the following services ("Services") based on these Terms:
   1. we grant free licenses for our software ("Freeware");
   2. we sell commercial (paid) licenses for our software ("Software");
   3. we provide access to our Software available in the Software-as-a-Service model ("Cloud Software");
   4. we provide technical support for Software, including Cloud Software ("Support Contract").
2. We provide Services through our websites which include: www.codetwo.com, www.codetwo.de and www.codetwo.pl, and all their subdomains ("Websites").
3. The detailed scope, period, conditions, the financial terms and the method in which we grant licenses for our Freeware and Software are defined in End User License Agreement ("License Agreement") and in our current price lists. You can view these documents on our Websites before you decide to use our Services.

Customers

6. Our Services are designed only to support the business activities of our Customers. If you want to purchase our Services in connection with your business or professional activities, you will be able to do so directly from us and using our Websites or through our resellers. You cannot test, use or purchase our Services for non-business-related purposes, including as a consumer.
7. If you are a sole entrepreneur who has a status of a consumer under applicable laws, by accepting these Terms you represent and warrant that your purchase and subsequent use of our Services are directly related to your business activity and are of professional nature to you.
8. We will not be a party to any purchase agreement which you conclude with our distributors or resellers. In such case, points 21–27 and 46–57 of these Terms will not apply. Sales made through our distributors and our resellers are governed by separate rules which will be made available to you during the purchasing process.

General licensing conditions

9. We do not sell our Software. We only grant licenses to use it.
10. We do not deliver physical mediums with a copy of our Freeware or Software, but we make it available for you on our Websites for download. You can access our Cloud Software through our Websites. You may be asked to create an account on our Websites before you access our Cloud Software.
11. Freeware is computer software available in its fully functional version for free and without temporal restrictions on the use of the software.
12. You can only use Freeware, Software and Cloud Software after you accept these Terms, our Privacy Policy and confirm that you have read and understood our License Agreement. The license for Freeware, Software and Cloud Software is granted (the License Agreement concluded) in accordance with the provisions of the License Agreement. All of these documents will be made available to you during the purchase process. By accepting these documents on behalf of an organization (e.g., a company, foundation, or an association), you represent and warrant that you have the authority to act on its behalf and bind such entity.

User account

13. You can create your account either manually (by filling in registration forms and providing your login credentials) or by using the available single sign-on options. If you choose the manual login option, you will additionally be required to confirm your registration by following instructions visible to you during the registration process.
14. To create an account on our Websites:
    1. you must provide true, accurate and current information that is required to create the account;
    2. you must accept these Terms and our Privacy Policy;
    3. you must confirm your registration as described in point 13 above in case of the manual login option.
15. By creating an account on our Websites, you will be able to access our Cloud Software admin panel that allows you to manage your organization’s settings, billing info, payment methods and subscriptions, as well as access and download invoices, and manage users’ data and privileges.
16. By registering your Microsoft 365 tenant in our Cloud Software admin panel, you will also be able to access all additional features of our Cloud Software which allow you to, e.g.:
    1. create and manage email signatures and automatic replies;
    2. edit Entra ID (Azure AD) attributes of users from your organization;
    3. view results of One-click surveys (if your organization has enabled this feature).
    Your ability to access any of the additional features depends on the level of access rights that were granted to you by your organization’s Microsoft 365 global admin.
17. You are solely responsible for the security of your login credentials or accounts used to access our Cloud Software. You must not share your login credentials with any third parties. It is also prohibited to share one account between multiple users.
18. In order to request deletion of your account, you must fill in this form (https://www.codetwo.com/form/data-protection) and request for the deletion of your account.

Updates and upgrades

19. If you use Freeware and Software, you are entitled to use updates and upgrades which we issue for specific Freeware and Software versions. Usually, you will have to download files containing updates from our Websites and install them on your own in accordance with the License Agreement. Cloud Software will be updated automatically by us. We will not be liable for any malfunction or non-conformity of our Software and Services if you don’t install available updates or upgrades.
20. Unless an upgrade of a specific version of the Software to a higher version is explicitly marked as free of charge, it will require payment in accordance with the price list of this Software. The total price of an upgrade will be visible to you before you place an order for it.

Trial versions

21. Some types of our Software and Cloud Software are available in trial versions. If you have never purchased a license for a given type of Software or Cloud Software, you can access our Cloud Software or download trial versions of our Software from our Websites for free. You can then test our software over a trial period in order to familiarize yourself with it and check its features. The trial period for each type of Software and Cloud Software is specified in the price list on their respective websites.
22. During the trial period, the use of individual features may be limited, including, in particular, the data volume and the number of workstations or users supported. The current terms of the trial period are specified in the price list on the software’s website.
23. In order to use the Software’s trial version, you must download installation files from our Websites. In case of Cloud Software, you can access it during the trial period through our Websites, after you create your account on our Websites.
24. You can only use trial versions after you accept these Terms, our Privacy Policy and confirm that you have read and understood our License Agreement.
25. The license for the trial period is granted (the License Agreement concluded) in accordance with the provisions of the License Agreement. After the lapse of the trial period you will be required to enter a Product License Key, activate the Software or Cloud Software on our Websites or use any other option which is currently available on our Website or in our Software or Cloud Software to renew a license in accordance with the License Agreement and the price lists.
26. Our Software and Cloud Software will automatically notify you of the need to buy or extend the license or stop using the software before the expiry of the trial period. You must not use our Software or Cloud Software if you decide not to purchase Software after trial.
27. In exceptional circumstances, if your organization requires a longer trial period, we may, at our own discretion, grant temporary Product License Keys for some of our Software or Cloud Software.

Subscription

28. Our Software and Cloud Software are offered either with time unlimited or limited license term ("Subscription"). The type of the license and its term are specified in the price list available on our Websites.
29. After the lapse of the Subscription period, you will be required to enter a Product License Key, activate Software or Cloud Software on our Websites or use any other option which is currently available in our Software or Cloud Software to renew a license in accordance with the License Agreement and the price lists.
30. Our Software and Cloud Software will automatically notify you of the need to buy or extend the license or stop using the software before the expiry of the license term. You must not use our Software or Cloud Software after license term expires.

Support

General

31. Support services are available exclusively for Software and Cloud Software and only during the license validity term (i.e. when you have an active Product License Key, active Subscription, or when Software or Cloud Software is activated on your account on our Websites). Support is also available for Customers using trial versions of our Software and Cloud Software, as well as for Customer using temporary license keys, provided that such temporary licenses include Support services.
32. Support services are available only for selected products, clearly marked on our Websites. Support services are included in the price of the license for a given Software or Cloud Software. It is not possible to purchase Support services separately.
33. We provide Support to:
    1. anyone who uses Software or Cloud Software in their own name, or
    2. anyone who uses Software or Cloud Software in the name or on behalf of the Customer's organization, or
    3. anyone who has been authorized by or who acts in the name or on behalf of the Customer's organization, even if such a person does not use such Software or Cloud Software themselves.
34. We will refuse to provide our Support services in case you are not able to positively identify yourself as authorized to use these services (e.g. by providing a valid Product License Key number or other credential confirming that you are authorized to act on behalf of the Customer's organization).
35. We are entitled to suspend the provision of Support services in case the full amount for the Software or Cloud Software license was not paid and until this amount is paid in full. In such case, the term of the Support services will not be extended by the period of such suspension, and you may not be entitled to any discounts or refunds.
36. Support services have a limited character and relate only to maintenance and use of our Software or Cloud Software. If you have a valid license for our Software or Cloud Software or use a trial version of our Software or Cloud Software, we will answer your questions relating to features of our software and help you resolve other technical problems that you report to us and which occur when you use our software. Support services are not available for Freeware.
37. Support services always relate to only one, specific type of our Software or Cloud Software that you bought a license for. We will not provide Support services for software which falls outside of this scope.
38. Although we do our best to resolve the issues that you report to us, we do not guarantee that we will be able to help you in each and every case. Particularly, we do not guarantee that Support services will satisfy your requirements or expectations or that in result of our services our Software or Cloud Software will be free of operational errors and irregularities, or that our services will lead to the elimination of all such errors and irregularities.
39. We provide our Support services through email ("Email Support") and through means of real-time communications such as telephone or an online session ("Live Support"). To make use of Email Support, you should contact us using this contact form (https://www.codetwo.com/company/contact). To make use of Live Support, please refer to our website to see what forms of contact are currently available. In principle, Live Support is available round-the-clock on business days.
40. In order to use our Support services, you will have to use either your phone or email. These services are provided by external network operators. Standard rates as set by network operators will apply to all phone calls made to our contact numbers.
41. We reserve the exclusive right to choose the tools and methods of providing our Support services to you. We will choose these tools and methods based on the type of the issue that you report to us. You cannot demand that we implement other methods or tools to provide our Support services.
42. Once you decide to contact us with your issue, we will register your question or problem and open a ticket ("Ticket"). We do not impose any limits on the number of tickets allocated to you, therefore if you contact us with another issue, usually, a new ticket will be created.
43. We will only close your ticket after we give you a final answer to your question, after we solve your problem or once we determine that your problem cannot be solved and explain it to you. We may reopen your ticket in the future if it becomes necessary to undertake further actions relating to your question or problem.
44. If you decide to share your system or software logs with us or conduct a Live Support session, it is your duty to remove or mask all personal data which may be included in such logs or may be visible to us during a Live Support session. In case it is impossible to do so, you should make sure that people whose personal data might be contained in these logs or may be visible during a Life Support session are properly informed about the disclosure of their data. You can find more information about how we use logs and how we conduct Live Sessions in our Privacy Policy (https://www.codetwo.com/regulations/privacy).
45. We will make every effort (but we do not guarantee) to contact you on the next business day following the day on which you reported your issue to us at the latest. This does not mean that we will be able to resolve your issue within that time.

Purchasing Software and Cloud Software

46. You can place orders for Software and Cloud Software online on our Websites. You can only place an order in another way (e.g. via a phone) if we mutually agree that this is possible.
47. If you place an order for Software and Cloud Software online on our Websites, your order may exclusively apply to one type of Software or Cloud Software that you select. You can place any number of orders for licenses for any number of our Software or Cloud Software. If you place an order through our Website, you may only order a type of license which was defined in the price list of a given Software or Cloud Software. If you want to place an order of a broader scope than this defined in the price list, you must contact us (https://www.codetwo.com/company/contact) first.
48. To place an order online, you have to fill in and submit the order form which is available on our Website. You can select the Software or Cloud Software that you are interested in and the scope of the ordered license within the order form. You are solely responsible for completeness and accuracy of data that you provide in the order form.
49. Before you submit your order, you must accept these Terms and the price of the license displayed on the order form as well as confirm that you have read the License Agreement.
50. You will receive an order confirmation immediately after placing an order online. It will be sent to the email address indicated in the order and will include the order number, details required for making the payment for the placed order (if the payment was not made electronically while placing the order) and any other necessary information. You must comply with all withholding tax requirements under applicable federal, state and local laws while making your payment. If you request us to do so, we will provide you with: (i) such forms or certificates as are necessary to establish an exemption from withholding tax with respect to all Software and/or Cloud Software that you purchase from us; and (ii) any representations and forms as shall reasonably be requested by you to assist in determining the extent of, and in fulfilling, your withholding tax obligations. You must file required forms with applicable tax authorities. In case you cannot properly establish an exemption from withholding tax, all of your payments to us in respect of which such withholding is required shall be increased to the extent necessary to ensure that we receive our remuneration net of any withholding or deduction, equal to our remuneration which we would have received had no such withholding been made or required to be made.
51. We will make our Software or Cloud Software available to you within 2 business days following the date of crediting our bank account with the full payment for your order. In order to make our Services available to you, we will either send you a Product License Key to the email address indicated in your order or activate the software online specifically for your user account.
52. If a price list of a given Software or Cloud Software clearly states that the license for our Software or Cloud Software can also be purchased using a purchase order (PO) with deferred payment (or by using another method agreed with you individually) our Software or Cloud will be available to you before you make the payment for the order. We have the right to immediately suspend the provision of our Services to you in case the full amount due has not been paid on time and until this amount is fully paid. In such case, the term of the license of Software or Cloud Software will not be extended by the period of such suspension, and you may not be entitled to any discounts or refunds. A maximum payment term for a purchase order must not exceed fourteen (14) days. In exceptional cases, an extension of this term to up to thirty (30) days may be negotiated individually, but such extensions are rare.
53. If you did not pay for your previous order we can suspend execution of any subsequent order (e.g. suspend our Services) that you make with us, until our bank account is credited with the amount due for this order.
54. Some of our Software and Cloud Software offered with Subscription have an automatic license renewal mechanism. This means that you will only be asked to give the payment details and accept these Terms once when purchasing the Software or Cloud Software for the first time. No additional action or consents will be required in order for Subscription to renew. The Subscription will renew automatically by charging your credit card unless you edit or cancel the Subscription prior to its renewal.
55. We have the right to adjust any Subscription fees (including any license fees) no more often than once every calendar year, with the adjustment taking effect on the first renewal of your Subscription after the adjusted prices come into effect. We will send you an email notification of any fee changes at least fourteen (14) days before the adjustment takes effect in case of monthly Subscription and at least forty-five (45) days before the adjustment takes effect in case of yearly Subscriptions. If you do not cancel your Subscription before the first Subscription renewal after the adjusted prices come into effect, you will be charged the adjusted fees.
56. A legally binding agreement involving payment obligation is concluded when you complete and approve the order form on our Websites.
57. We will send all invoices for any purchases made with us electronically in PDF format to the email address that you indicate while placing an order or in our Cloud Software admin panel. You can also find invoices in our Cloud Software admin panel. If an invoice that we issue contains a QR code, you can use it to verify the invoice authenticity in the Polish National System of e-Invoices (KSeF).

Return of a license – the right to rescind an agreement

58. You can return a license (rescind an agreement) for some of our Software and Cloud Software without the need to provide reasons therefor within 30 days from its purchase. This right applies only to Software and Cloud Software which is clearly marked as covered by such right on our Websites.
59. In order to return a license, you must fill in and submit an online return form which is available on our Websites. Use the same identification details as those given in the order and specify either the number of the order that you want to return or the number of VAT invoice which documents that order. We may not be able to process your return in case you give us different identification details.
60. If you want to exercise your right to rescind an agreement, you must complete the return form on the 30th day after purchase at the latest. If you fill it out later, withdrawal from the contract will not be effective.
61. If your Software or Cloud Software is covered by the right to rescind an agreement and if you filled in the return form correctly and in a due time you will receive a confirmation from us. We will return your payment to the account from which the payment has been made within 30 days after you receive the confirmation.

CodeTwo's liability

62. These Terms exclude our liability under an implied warranty for defects. We exclude all implied warranties and conditions, including those of merchantability, fitness for a particular purpose, and non-infringement. If your local law does not allow the exclusion of implied warranties, then any implied warranties, guarantees, or conditions last only during the term of the limited warranty and are limited as much as your local law allows.
63. These Terms exclude our contractual liability, to the full extent, for any damage resulting from failure to perform the agreement or improper performance thereof, except for liability for any damage caused intentionally or in result of gross negligence. We exclude our liability for lost profits, loss or damage of any data or information, interruption in the operation of IT systems, incidental, indirect, or consequential damages. The maximum amount of damages you may recover is the amount you paid for the Services in the period of one year preceding the event that gave rise to the damage, or up to 50 USD if you acquired the Services at no charge. 
64. We will not be liable for any interruption, delay or failure to perform our obligations under these Terms caused by malfunction of your IT infrastructure, failure to provide correct payment or billing information and other causes that are caused by your actions or omissions.
65. We will not be liable for any damages, losses, costs, or expenses arising out of or in connection with the Switching Request or Erasure Request (as defined below). This exclusion includes, but is not limited to, any issues related to data integrity or loss, software downtime, or compatibility issues that occur during or as a result of the Switching Request or Erasure Request. You assume full responsibility for the successful switching of your data in line with points 72–85 of these Terms.
66. Under no circumstances should we be liable for any interruption, delay or failure in performance of our obligations arising out of these Terms due to causes beyond our reasonable control ("Force Majeure Causes"). Force Majeure Causes should include but not be limited to:
    1. fire, chemical contamination or contamination by radioactive, electromagnetic or ionizing radiation;
    2. earthquakes, lightning, cyclones, hurricanes, floods, droughts or such other extreme weather or environmental conditions which due to their excessive character or atypical geographical occurrence were impossible to predict or prepare for;
    3. pressure waves from devices traveling at supersonic speeds or damage caused by any aircraft or similar device;
    4. war, invasion, terrorism (including cyberterrorism), blockade, embargo, riot, public disorder, violent demonstrations, insurrection, rebellion, civil commotion, and sabotage;
    5. to the extent that they are politically motivated: strikes, lockouts, work stoppage, labor disputes, and such other industrial action by workers;
    6. acts or omissions of civil or military authorities as well as regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of the Services);
    7. fuel or energy shortage, network failures, interruptions and disruptions in the proper functioning of external telecommunication connections and equipment, acts or omissions of Internet traffic carriers, as well as inability to obtain equipment, supplies or utilities necessary to provide the Services from primary and backup sources;
    8. the activity of hackers, viruses, and malware causing network disruptions at the local, national or global level.

Complaints

67. You can file complaints regarding our Services by completing and approving the refund/return form online which is available here (https://www.codetwo.com/support/form/).
68. We will consider your complaint within 14 days of its receipt. We will notify you of how the complaint was handled by sending an email to the address indicated in the complaint.
69. If you purchased and paid for our Software or Cloud Software and did not receive an email containing a Product License Key or other information necessary to start using our Services or an invoice within the time provided in the Terms we will immediately send the relevant correspondence again once you notify us.

Personal data processing

If you want to know more about how we process your personal data, what data we collect, what we use it for, and how you can exercise your rights please refer to our Privacy Policy (https://www.codetwo.com/regulations/privacy).

70. If you decide to purchase a license for our Cloud Software, by accepting these Terms you will enter into a data processing agreement with us. The detailed terms and conditions under which we process personal data that we receive from you in connection with your use of our Cloud Software can be found in our Data Processing Agreement (https://www.codetwo.com/regulations/dpa) ("DPA").
71. This section and the DPA does not apply to any other types of software other than Cloud Software.

Switching between services

This section applies only to EU-based Customers making use of commercial (paid & non-trial) versions of Cloud Software who want to make use of their rights under Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 concerning harmonized rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 ("Data Act"). This section does not apply in any other case. Non-EU-based Customers are not entitled to make use of rights described in this section.

72. At any time during the term of your Subscription for Cloud Software, you may submit a formal request to us to either: (a) switch the service and migrate your data to a different provider or to your own on-premises infrastructure ("Switching Request"), or (b) request erasure of your data and digital assets ("Erasure Request").
73. The Switching Request must include a two (2) month notice period for the initiation of the technical transition on our end. Following this notice period, we will support your data migration process within a transitional period of thirty (30) calendar days ("Initial Transitional Period"), which may be further prolonged by both you and us subject to points 74 and 75 directly below.
74. We will inform you, within 14 working days of receiving a complete Switching Request, if the Initial Transitional Period is technically feasible. In case the Initial Transitional Period is not technically feasible, we will provide a reasonable explanation for these technical limitations and give you an alternative transitional period, which in any case must not exceed seven (7) months from the day we received a complete Switching Request from you ("Alternative Transitional Period"). Initial Transitional Period and Alternative Transitional Period are further collectively referred to as "Transitional Period".
75. Notwithstanding point 74 above, you have the right to make one request for an extension of the Transitional Period for a period that is more appropriate given your individual circumstances at the time of the request, which in any case must not exceed 7 months from the day you filed a complete Switching Request with us. You must notify us in writing, including by adequate electronic means, of your intention to extend the Transitional Period no later than 7 days before the end of the Transitional Period. Your notification must indicate the length of the alternative transitional period you are seeking ("Extended Transitional Period"). We will confirm the receipt of such extension notice within 5 working days of receiving it.
76. You undertake to take all reasonable measures to achieve effective switching. You are solely responsible for the import and implementation of data and digital assets into your own systems or into the systems of the destination provider.
77. You represent and warrant that you, any third parties acting on your behalf, as well as the destination provider, will not violate or otherwise misuse our intellectual property rights in any materials provided in the switching process, as well as our trade secrets ("Confidential Materials"). You are entitled to provide access to Confidential Materials to third parties or to the destination provider only insofar as necessary to complete the switching process and only until the end of the Transitional Period (or – if applicable - Extended Transitional Period). You might be asked to sign an additional Non-Disclosure Agreement before we share Confidential Materials with you.
78. Throughout the switching process, we will: (a) provide reasonable assistance to you and third parties that you authorize to act on your behalf in the switching process; (b) act with due care to maintain business continuity, and continue the provision of our Services to you; (c) provide clear information concerning any known risks to continuity in the provision of the Services resulting from the Switching Request; (d) ensure that a high level of security is maintained, in particular the security of the data during transfer and the continued security of such data during the retrieval period described in point 79 below; (e) reasonably support your exit strategy relevant to our Cloud Software, including by providing all relevant information necessary to complete the switching process.
79. Following the end of the Transitional Period (or – if applicable – Extended Transitional Period) and provided that the switching process has been completed successfully, you will have thirty (30) calendar days for final data retrieval, after which your data will be fully erased. For avoidance of doubt, the switching process will be deemed successfully completed unless you notify us otherwise before the end of the Transitional Period (or – if applicable – Extended Transitional Period).
80. The Erasure Request must include a two (2) month notice period for the erasure of your data on our end. We will erase your data after the said notice period lapses. We will support any Erasure Request to the extent permitted by applicable laws by erasing your data from our Cloud Software in accordance with the procedures and timeframes described in our DPA.
81. Your Subscription for Cloud Software will automatically terminate upon the earlier of: (a) your written notification of the successful export of your data in result of a Switching Request, or (b) at the end of the Transitional Period (or – if applicable – Extended Transitional Period), if you fail to notify us in accordance with (a), or (c) at the end of the two (2) month notice period included in your Erasure Request. You will receive a notice of termination of your Subscription from us.
82. Termination of your Subscription in result of a Switching Request or an Erasure Request will not relieve you of your obligation to pay any fees for the period prior to the termination date. Moreover, any prepaid fees covering the remainder of the prepaid term of your Subscription will be treated as an early termination fee and will not be subject to any refunds. We will not charge any other fees or penalties related to the switching process itself.
83. All exportable data and digital assets can be ported, as exhaustively defined in Appendix 1 to these Terms, subject only to necessary and limited exemptions concerning our trade secrets.
84. A list of jurisdictions in which our infrastructure for data processing is deployed is available here (https://www.codetwo.com/email-signatures/how-it-works). Our Cloud Software is deployed within infrastructure provided by Microsoft Ireland Operations Limited and their affiliated companies. To that end, the contract concerning the use of this infrastructure is subject to the laws of the countries where it is located and to the extent such use is governed by the contract concluded between CodeTwo and Microsoft Ireland Operations Limited to the laws of Ireland.
85. You can control international transfers of data stored within our Cloud Software by choosing a datacenter where the processing will take place. You have exclusive control over the region where such processing takes place. To prevent international governmental access to data, or to avoid transfers of non-personal data held in the European Union to jurisdictions where such access or transfers would create a conflict with European Union laws or EU member state laws, you should choose EEA-located datacenters. We have also implemented security measures described in Appendix 3 to the DPA to prevent international governmental access to data.

Prohibited content and limitations on the use of our Websites and Software

86. You may not crack, hack, dismantle or reverse-engineer our Freeware, Software or Cloud Software.
87. You must not use or let any third parties use our Websites, Freeware, Software or Cloud Software in any manner that violates these Terms, including to:
    1. send SPAM, phishing or any other type of messages that violate the law or Microsoft 365 Terms and Conditions;
    2. upload, store or disseminate any content that violate the law or Microsoft 365 Terms and Conditions.
    Such prohibited messages or content include particularly any communication or information that violates applicable privacy or SPAM-prevention laws, is used to facilitate or commit crime, cyber-attacks or fraud, or is used to spread pornography, hate speech, racism or xenophobia, etc.
88. We use automated technical solutions to monitor network traffic on our Websites and within our Cloud Software to detect suspicious traffic or other anomalies that may be associated with the use of our Websites, Software or Cloud Software in violation of these Terms. We do not actively monitor the content uploaded, stored or sent using our Websites or Cloud Software.
89. If we become aware that your use of our Websites, Freeware, Software or Cloud Software violates these Terms, including point 87 above, we have the right to suspend your mail-flow or suspend or delete your license or account without the right to any refund. We will act in a diligent, objective and proportionate manner in applying and enforcing these restrictions. In case these measures were applied because of your violation of point 87 (b) above, we will provide you with a clear and specific statement of reasons explaining why these measures were applied.
90. We reserve the right not to sell or otherwise make available our Software or Cloud Software and any Support services in violation of national or international laws, including any international sanctions regimes. By accepting these Terms, you represent and warrant that you are not located in, under the control of, or a citizen or resident of any country or territory subject to international trade or economic sanctions, and that you will not sell, resell, sublicense, transfer, assign, distribute, make available, or otherwise provide access to any CodeTwo Websites, Freeware, Software or Cloud Software or any CodeTwo license, directly or indirectly, to any person or entity located in or subject to such sanctions, nor facilitate or permit any such access. If you accept these Terms on behalf of an organization (e.g., a company, foundation, or an association), you represent that such organization is not headquartered in the aforementioned territories, nor is it controlled or managed by any entity or persons subject to such sanctions. Restricted territories include the Russian Federation, as well as any other countries or territories subject to sanctions imposed by the United Kingdom, the European Union, or the United States of America.

Miscellaneous

91. Our Websites and all of their contents are copyright protected.
92. You may share your comments, ideas or feature requests regarding our Websites, Software or Services with us. By doing so, you grant us permission to use and incorporate it without further compensation or approval.
93. Unless you specify otherwise while purchasing our Software or Cloud Software, by accepting these Terms you grant us the right to use your organization's trademark and name on our website for marketing purposes free of charge. If you do not want us to use your organization's logotype, you can always let our Data Protection Officer and Data Security Team know about it using this form (https://www.codetwo.com/form/data-protection/).
94. We recommend that you use the latest Internet Explorer, Microsoft Edge, Firefox, Safari or Google Chrome to view our Websites and to use our services. You may experience problems if you use different or older web browsers.
95. We abide by the highest ethical standards while providing our services to you, in accordance with all applicable laws and standards relevant to the Services. We reject any criminal behavior and regard it as unacceptable. In particular, we take every reasonable effort to ensure that there is no human trafficking or modern slavery in CodeTwo and in the business of our suppliers and subcontractors. We also make sure that neither CodeTwo nor our suppliers and subcontractors are involved in other unethical business practices, i.e. bribery and other forms of corruption, fraud, money laundering or terrorist financing.
96. These Terms contain all our rights and obligations in relation to the Services and supersede any previous oral, written and any other arrangements between you and us. These Terms may never be modified, supplemented or superseded without our consent. Our consent must be explicit and made in a separate document. Our consent cannot be alleged or inferred from any other document, correspondence or other type of statement and, in particular, from the fact that we accept any document (regardless of its form) that you send or deliver to us before, during or after the license purchase process.
97. We may amend these Terms from time to time, in particular to reflect changes in applicable laws or to accommodate changes in our Services. All new versions will be published here (https://www.codetwo.com/regulations/sales-and-services) and will be effective immediately on publication. If you do not wish to be bound by the new version of these Terms, you can stop using our software and cancel your Subscription for our Cloud Software within 14 days of publication. You can cancel your Subscription for our Cloud Software by following the guidelines available here (https://www.codetwo.com/userguide/email-signatures-for-office-365/licensing.htm#cancel).
98. These Terms should be interpreted and construed in accordance with the laws of the Republic of Poland (a member state of the European Union) without the regard for any conflict of rules laws. All disputes arising out of these Terms should be brought in front of the competent courts of the Republic of Poland.
99. To the extent that these Terms may apply to purchases made by sole entrepreneurs having a status of consumer under applicable provisions of law, nothing in these Terms should be interpreted so as to limit, or exclude any rights granted to such persons. Should any provision of these Terms be found to have such an effect, these Terms should be applied and construed so that it may be ensured that such persons are able to make use of their rights.

Appendix 1 – List of exportable data and digital assets

This document contains additional information that we are required to make available to you under the Data Act. This information concerns particularly categories of data and digital assets that can be exported during the switching process, categories of data and digital assets excluded from transfer, as well as additional information on technical limitations concerning switching.

1. The categories of data and digital assets that can be exported during the switching process include:

CodeTwo also offers custom data and digital asset exports that go beyond standard options described above. These extended exports are provided based on individual arrangements with our Customers. 

*Please note that Customer Users’ Data is subject to processing within Cloud Software under DPA, but at all times also remain available within Customer’s infrastructure, therefore while they are exportable data within the meaning of the Data Act, there is no need to technically export them for you from our Cloud Software (they are at all times available within you own Entra ID [Azure Active Directory]. 

2. Excluded categories of data and digital assets include:

1. CodeTwo's internal algorithms and models, particularly those used for the internal development, optimization, management, and improvement of CodeTwo's software, infrastructure, and services, as well as for performance monitoring, anomaly tracking, and vulnerability management;
2. CodeTwo's internal operational and analytical data, including data on the performance of CodeTwo's software and infrastructure, system logs, internal procedures, telemetry data on the operation of CodeTwo's software that is not generated directly by Customer activity and is used for internal diagnostics and development, and data on how users use CodeTwo software, such as behavioral data or demographic data on users (e.g., data collected using cookies or similar technologies);
3. CodeTwo's own business, operational, and financial data, particularly data concerning settlements with Customers, internal financial reports, marketing strategies, Customer lists, results of internal audits, and internal procedures;
4. CodeTwo's software source code and configuration files;
5. any data concerning internal architecture of our software and infrastructure (e.g., database schemas, network diagrams, software and hardware specifications, and configuration files).

Disclosing all of the information described above could provide our competitors with access to critical know-how regarding the optimization, scalability, and security of CodeTwo software and services. This information also constitutes our significant competitive advantage and is a result of many years of experience in software development that we have gained developing our products since 2007. Furthermore, such disclosure could expose potential security vulnerabilities and interfere with the security and reliability of our software and services.

3. Information on data processing services that involve highly complex or costly switching or for which it is impossible to switch without significant interference in the data, digital assets or service architecture.

Our Software is developed according to industry-standard technical practices. While some services may not be directly transferable to another provider, switching remains generally possible at all times; however, sometimes it may require reconfiguration on the new provider's side or additional actions by the Customer. 

The table below outlines the key information regarding this process:

Previous versions

• December 19, 2024 (https://www.codetwo.com/regulations/sales-and-services/archive-2024-12-19)
• April 5, 2024 (https://www.codetwo.com/regulations/sales-and-services/archive-2024-04-05)
• August 21, 2023 (https://www.codetwo.com/regulations/sales-and-services/archive-2023-08-21)
• February 16, 2022 (https://www.codetwo.com/regulations/sales-and-services/archive-2022-02-16)
• November 18, 2021 (https://www.codetwo.com/regulations/sales-and-services/archive-2021-11-18)
• January 12, 2021 (https://www.codetwo.com/regulations/sales-and-services/archive-2021-01-12)
• October 7, 2019 (https://www.codetwo.com/regulations/sales-and-services/archive-2019-10-07)
• June 6, 2019 (https://www.codetwo.com/regulations/sales-and-services/archive-2019-06-06)
• December 27, 2018 (https://www.codetwo.com/regulations/sales-and-services/archive-2018-12-27)
• October 24, 2018 (https://www.codetwo.com/regulations/sales-and-services/archive-2018-10-24)
• May 2, 2018 (https://www.codetwo.com/regulations/sales-and-services/archive-2018-05-02)
• April 18, 2017 (https://www.codetwo.com/regulations/sales-and-services/archive-2017-04-18)