§ 1 SUMMARY

1. The Service operates under the terms specified in these Terms and Conditions.

2. These Terms and Conditions define the types and scope of services provided electronically to Service Users, including SaaS services via the Service, as well as the terms for providing these services, conditions for entering into and terminating agreements for the provision of electronic services, conditions for entering into and terminating Service Agreements, and the procedure for handling complaints.

3. Each Service User, by initiating actions aimed at using the Electronic Services of the Service, is obligated to comply with the provisions of these Terms and Conditions.

4. To place an Order, the Client must review and accept the Terms and Conditions at the time of placing the Order.

5. In matters not covered by these Terms and Conditions, the following laws apply:

5.1. the Civil Code,

5.2. the Consumer Rights Act of 30 May 2014,

5.3. the Act on the Provision of Electronic Services of 18 July 2002,

5.4. the Copyright and Related Rights Act of 4 February 1994,

5.5. and other relevant provisions of Polish law.

§ 2 DEFINITIONS

1. TERMS AND CONDITIONS – these terms and conditions of the Service.

2. SERVICE – the online service provided by the Service Provider, available at www.stamply.co, functioning as an organized online platform allowing Users to use the Application in a SaaS model.

3. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Service.

4. REGISTRATION FORM – a form available on the Service website that enables the creation of an Account. The Registration Form facilitates the Service Provider in creating an Account for a specific Service Recipient.

5. ACCOUNT (PROFILE) – a collection of resources in the Service Provider’s IT system, designated with an individual name (login) and a confidential password of the Service Recipient, where the Service Recipient’s data is stored. Creating an Account in the Service requires acknowledgment and acceptance of the Terms and Conditions.

6. ORDER FORM – a form available on the Service website that enables the placement of an Order.

7. REVIEW SYSTEM – an Electronic Service provided by the Service Provider that enables Clients to post reviews about the Service.

8. NEWSLETTER – an Electronic Service that allows the Service Recipient to subscribe to and receive free information from the Service Provider at the email address provided by the Service Recipient.

9. REVIEW SYSTEM – an Electronic Service provided by the Service Provider that allows Clients to post reviews about the Application.

10. SERVICE PROVIDER, OPERATOR – Damian Kowalski, operating under the business name Damian Kowalski, registered in the Central Register and Information on Economic Activity of the Republic of Poland, maintained by the minister responsible for the economy. Business location and contact address: Bratkowice 281, 36-055 Bratkowice, NIP: 5170406229, REGON: 385933390, email address: contact@stamply.co

11. SERVICE RECIPIENT, USER – a natural person, legal entity, or organizational unit without legal personality, granted legal capacity by law, that uses the Electronic Services of the Service.

12. CLIENT – a Service Recipient who intends to or has entered into an Agreement for the provision of a Digital Service with the Service Provider.

13. END CUSTOMER – a natural person who, using the Stamply Application, has chosen to create a VCL with a User operating a Company Profile.

14. ENTREPRENEUR – a natural person, legal entity, or organizational unit without legal personality, granted legal capacity by law, conducting business or professional activities in their own name.

15. DIGITAL SERVICE – a service that enables the Service Recipient to create, process, store, or access data in digital form, share digital data transmitted or created by the Service Recipient or other users of the service, and other forms of interaction through digital data.

16. APPLICATION – a web application provided by the Operator at my.stamply.app that allows for the management of a Company Profile along with all available functionalities, accessible via the Service in a SaaS model.

17. SAAS – (“Software as a Service”) a service that involves remote software access via the Internet, allowing interaction with the platform through a web browser interface.

18. COMPANY PROFILE – a Profile visible to the End Customers of a User who uses the Stamply Application.

19. LICENSE – a paid Electronic Service and a Digital Service subject to an Agreement between the Service Provider and the User, through which the Client gains access to the Application in a selected Package for a specific Subscription Period.

20. ORDER – a Client’s declaration of intent constituting an offer to purchase a License in a selected Package and for a selected Subscription Period.

21. AGREEMENT – a digital service agreement concluded between the Client and the Service Provider via the Service or Application.

22. REWARD – a physical item or service that a User grants to the End Customer for achieving a certain number of Points (stamps) as determined by the User.

23. POINTS – Digital Content accessible through an account for End Customers who create a VCL with a particular User. Points may be exchanged for Rewards under conditions specified by the respective User.

24. PACKAGE – the License option selected by the Client when placing an Order.

25. SUBSCRIPTION PERIOD – the period for which the Client has purchased a License, calculated in months. The new Subscription Period begins on the date corresponding to the end date of the previous Subscription Period, or, if such a day does not exist in a given calendar month, on the last day of that month.

26. DIGITAL ENVIRONMENT – computer hardware, software, and network connections used by the Service Recipient to access or use the Digital Service.

27. COMPATIBILITY – the interaction of the Digital Service with the hardware or software typically used to access such a Digital Service without the need for conversion.

28. FUNCTIONALITY – the capability of the Digital Service to fulfill its functions according to its intended purpose.

29. INTEGRATION – the connection of the Digital Service with elements of the Service Recipient's Digital Environment and its incorporation into those elements to ensure compliance with the Digital Service Agreement.

30. INTEROPERABILITY – the capability of the Digital Service to interact with hardware or software other than those typically used to access a similar type of Digital Service.

31. PRICE LIST – information in the Service indicating the prices of specific License Packages.

32. VIRTUAL LOYALTY CARD (VCL) – an Electronic Service that can be used via the Application. The VCL created by the Service Recipient allows the collection of Points (stamps), which may then be exchanged for Rewards specified by the Service Recipient in the Application.

§ 3 GENERAL PROVISIONS

1. Through the Service, the Service Provider offers access to the following:

1.1. Account,

1.2. Order Form,

1.3. Review System,

1.4. Newslettera,

1.5. License.

2. The provision of Electronic Services to Service Recipients through the Service is governed by the terms specified in these Terms and Conditions.

3. Duration of the agreements:

3.1. the agreement for the provision of the Electronic Service for maintaining an Account in the Service is concluded for an indefinite period,

3.2. the agreement for the provision of the Electronic Service that enables the submission of an Order in the Service is concluded for a definite period and terminates upon the submission of an Order or cessation of Order submissions by the Service Recipient,

3.3. the agreement for the provision of the Electronic Service for using the Review System is concluded for a definite period and terminates upon posting a review or ceasing to use this Electronic Service by the Service Recipient,

3.4. the agreement for the provision of the Electronic Service for using the Newsletter is concluded for an indefinite period,

3.5. the agreement for the provision of the Electronic Service that enables the use of a License in the selected Package is concluded for the duration of the Subscription Period selected by the User.

4. The Service Provider has the right to place advertising content on the Service website. Such content is an integral part of the Service and the materials presented therein.

5. The provision of Electronic Services specified in § 3 points 1.1 to 1.4 of these Terms and Conditions by the Service Provider is free of charge.

6. The provision of the Electronic Service specified in § 3 point 1.5 of these Terms and Conditions by the Service Provider is subject to fees, as outlined in § 4 point 3 of these Terms and Conditions.

§ 4. LICENSE PURCHASE

1. Information about Licenses and their ordering.

1.1 The information on the Service website does not constitute an offer as defined by law. By placing an Order, the Customer makes an offer to purchase a License under the terms stated in its description.

1.2 The License price displayed on the Service is in United States Dollar (USD) and is a net price.

1.3 The License price displayed on the Service is binding at the time the Customer places an Order. This price will not change, regardless of any price adjustments that may occur after the Order has been placed.

1.4 The Service Provider clearly informs Customers about unit prices, promotions, and discounts. Alongside discount information, the Service Provider displays the lowest License price that applied within 30 days before the discount was introduced. If the License has been offered for less than 30 days, the lowest price since the start of its availability until the discount will be displayed.

1.5 To place an Order, the Customer must:

a) create and log in to an Account,

b) select one of the License Packages and complete the Order Form (Orders may be placed via the Order Form 24/7, excluding Service Provider maintenance or server updates),

c) fill in the billing details,

d) select a payment method as outlined in section 3 of this paragraph,

e) accept the Service’s Terms and Privacy Policy,

f) click the “Buy and Pay” button

2. Conclusion of the License Agreement.

2.1 An Order must be placed as described in point 1.5 of this paragraph for the License Agreement to be concluded.

2.2 After an Order is submitted, the Service Provider promptly confirms its receipt by sending an email to the Customer’s email address.

2.3 The confirmation of Order acceptance, as mentioned in point 2.2, binds the Customer to their Order and includes confirmation of all key elements.

2.4 Upon receiving the email described in point 2.3, a License Agreement is concluded between the Customer and the Service Provider.

2.5 The License is activated (for the Subscription Period selected by the Customer) automatically once the payment has been recorded in the Service Provider’s bank account or following successful electronic payment authorization.

2.6 The Service Provider delivers the License in the latest available version.

2.7 Each License purchase will be confirmed with a proof of purchase (VAT invoice), which will be sent to the Customer’s address provided in the Order Form after payment is completed.

3. Payment Methods.

3.1 The Service Provider offers the following payment methods for the License:

a) Bank transfer to the Service Provider’s account,

b) Payment via an electronic payment system through the third-party provider.

3.2 For traditional bank transfers, payments should be made to the following bank account:

17 1140 2004 0000 3302 8276 6793 (Bank mBank S.A.), Damian Kowalski, Bratkowice 281, 36-055 Bratkowice, NIP: 5170406229. The transfer title should include “Order No. ….”

3.3 For payments via electronic payment systems, the Customer pays before the Order is processed. This system allows for payment via credit card or bank transfer from selected Polish and international banks.

3.4 The Customer must pay the License fee within 14 days of placing the Order.

3.5 Once the License fee is paid, the Provider grants the User a paid, non-exclusive license to use the Application solely for purposes consistent with applicable laws and its intended function.

3.6 The license is granted for the Subscription Period for which the User has paid, and it renews upon payment for the next Subscription Period. The license expires upon deactivation.

4. Complaints Due to Non-Conformity of the License with the Agreement.

4.1 The Service Provider’s responsibility towards Customers defined in § 11 of the Terms due to non-conformity of the License is specified in the Consumer Rights Act of May 30, 2014.

4.2 The Service Provider’s responsibility towards Customers defined as Entrepreneurs is specified in the Civil Code of April 23, 1964.

4.3 The Service Provider is responsible for the non-conformity of the License throughout the Agreement’s duration for Customers defined in § 11.

4.4 The Customer agrees to cooperate with the Service Provider to determine if non-conformity of the License is due to the characteristics of the Customer’s Digital Environment.

4.5 Complaints regarding non-conformity may be made via email at: contact@stamply.co.

4.6 Complaints should include as many details as possible regarding the nature and date of the issue, along with contact information, to facilitate the Service Provider’s review.

4.7 The Service Provider will respond to the Customer’s complaint no later than 14 days from receipt.

4.8 For Customers defined in § 11, if a complaint is not resolved within 14 days, it is considered accepted.

4.9 The Customer may first request that the License be brought into conformity with the Agreement. Price reduction or termination of the Agreement can be requested only in cases specified in the Consumer Rights Act of May 30, 2014.

4.10 In connection with a justified complaint by a Client referred to in § 11 of the Terms and Conditions, the Service Provider shall accordingly:

a) bring the License into compliance with the Agreement at its own cost,

b) reduce the price of the License (the reduced price must be proportional to the price of the License in compliance with the agreement versus the non-compliant License and, additionally, in the case of a continuously delivered License, consider the time during which it was non-compliant with the Agreement) and refund the entity referred to in § 11 the amount of the reduced price no later than 14 days from receiving an authorized statement on the price reduction,

c) in the case of withdrawal from the Agreement by the entity referred to in § 11, the Service Provider shall refund the License price no later than 14 days from receiving the withdrawal statement. Upon withdrawal from the Agreement, the entity referred to in § 11 is obliged to immediately cease using the License.

4.11 The response to the complaint shall be provided in writing or another durable medium, e.g., email or SMS.

4.12 The Service Provider is not entitled to demand payment for the period during which the License was non-compliant with the Agreement, even if the Client actually used it before withdrawing from the Agreement.

5. Withdrawal from the Agreement.

5.1 Subject to section 5.4, a Service Recipient who is also an entity referred to in § 11 of the Terms and Conditions, having concluded a distance contract, may withdraw from it without providing a reason by submitting a relevant statement within 14 days,

5.2 In the event of withdrawal from the Agreement, the Agreement is considered not concluded.

The fourteen-day period for withdrawal by the entity referred to in § 11 of the Terms and Conditions is counted from the date of concluding the Agreement.

5.4 The right to withdraw from a distance contract does not apply to the entity referred to in § 11:

5.5 Upon withdrawal from the Agreement by a business entity acting as a consumer under paragraph 4.10(c) of this section, the Service Provider may not use content other than personal data provided or created by the Service Recipient while using the License, except for content that:

a) is useful exclusively in connection with the License that was the subject of the Agreement,

b) pertains solely to the activity of the Service Recipient while using the License that was the subject of the Agreement,

5.6 Except for the cases mentioned in section 5.5 of this paragraph, the Service Provider, at the request of the business entity acting as a consumer, shall make available to them non-personal content provided or created by the Service Recipient while using the License, free of charge, within a reasonable time, and in a commonly used machine-readable format.

5.7 In the event of withdrawal from the Agreement, the Service Provider may prevent the Service Recipient from further using the License, in particular by blocking the Account.

5.8 The Service Provider has the right to withdraw from the Agreement concluded with a Client who is a Business Entity within 14 business days of its conclusion. Withdrawal from the Agreement in this case may occur without giving a reason and does not give rise to any claims against the Service Provider by the Client who is a Business Entity.

6. License Renewal.

6.1 The License is not automatically renewed for the next Subscription Period.

6.2 The Service Provider reserves the right to send email reminders regarding payment deadlines to the email address provided during Account registration, as well as other emails related to the operation of the Application and Service.

6.3 To extend the validity of the License for the next Subscription Period, the Service Recipient must make a payment for the renewal by the end of the current Subscription Period.

6.4 To renew the License, the User must place an Order for the License through the Order Form and make the renewal payment.

6.5 Failure to make the payment mentioned in section 6.4 of this paragraph results in partial deactivation of the License.

§ 5. CONDITIONS FOR USING THE APPLICATION

1. Conditions for Using the Application.

1.1 After purchasing a License, the Client gains access to the Application under the terms of the chosen Package.

1.2 The Client is not allowed to provide access to the Application to third parties, especially for compensation.

1.3 The Service Provider may require the Client to use an identifier with an associated password to access the Application. It is presumed that instructions and declarations made by individuals using identifiers assigned to the Client are made by the Client.

1.4 The Service Provider reserves the right to refuse instructions related to the operation of the Application if there is suspicion that the instruction was issued by an unauthorized person. In such cases, the Service Provider may request confirmation of the instruction in writing or via email.

1.5 In case of losing control over tools allowing Application management, particularly in the event of password disclosure to unauthorized persons, the Client is obligated to immediately report this to the Service Provider, who is authorized to take actions to restore control over the service.

1.6 The Client is required to take all necessary steps to secure the data and software on their end devices (used to access the Application) from unauthorized interference by third parties (especially by using appropriate passwords, installing and updating security software, and using email servers with software protected from unauthorized use).

1.7 The Service Provider is not responsible for securing end devices against third-party interference.

1.8 When reasonably required, the Service Provider reserves the right to introduce procedures aimed at enhancing Clients’ security levels, such as requiring periodic password changes or strengthening password criteria.

1.9 To properly use the Application, the Client must ensure access to appropriate devices, the Internet, and electricity at their own expense.

1.10 The Client is obligated to independently create and maintain a backup of data processed within the Service Provider's systems, regardless of whether the Service Provider also creates such backups.

1.11 The Client is prohibited from using software that may disrupt the Application’s functionality.

1.12 The Client must use the Application in compliance with the law and good practices, respecting personal rights and intellectual property of third parties.

1.13 The Client is required to provide data that reflects the actual state of affairs.

1.14 The Client is prohibited from submitting unlawful content.

1.15 The Client is not authorized to:

a) perform reverse engineering, disassembly, or decompilation of the Application, either independently or with third-party assistance.

b) claim any rights to the Application's source code or stored data, except as specified in these Terms and Conditions.

2. Technical requirements necessary for cooperation with the Application:

2.1 Wymagania techniczne niezbędne do współpracy z Aplikacją:

a) A computer (or mobile device) with Internet access.

b) Access to email.

c) Minimum technical capabilities for handling HTML files, including support for commonly used web browsers, such as Google Chrome, Mozilla Firefox, Edge, Safari, and Opera, each updated to its latest version.

d) Cookies and JavaScript enabled in the browser.

2.2 To prevent or minimize the risk of damage related to unauthorized interference with IT systems, data theft, or malware infections, the Client should install and use updated antivirus software, including a firewall.

2.3 If the Application requires updates, the Service Provider informs the Client about updates and their consequences throughout the License period.

2.4 The Client must install updates provided by the Service Provider within a reasonable timeframe. Failure to install updates as per the Service Provider’s instructions, after being informed of the consequences, releases the Service Provider from liability for non-compliance of the Application with the agreement.

2.5 For Application updates, maintenance, or development, the Service Provider will notify the Client in advance. Changes may include visual or functional adjustments to enhance service quality without degrading performance or causing data loss.

2.6 The Service Provider reserves the right to make changes to the Application to improve and enhance its functionality. These changes will not impose any costs on the Client.

2.7 The Service Provider informs the Client about the changes mentioned in point 2.6 in a clear and understandable manner, and if the introduced change affects the Client’s access to the Application and its use, the Service Provider informs the Client in advance by sending information on a durable medium about:

a) The date of the change.

b) The nature of the change.

c) The right to terminate the agreement without notice within 30 days of the change or the notification of the change if the notification occurs later.

2.8 The Service Provider is exempt from the obligation mentioned in text 2.7 if it allows the Client to maintain the Application (at no additional cost) in an unaltered state that complies with the agreement.

§ 6. TERMS OF AMENDING AND TERMINATING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

1. Amendments to the scope of services provided by the Service Provider:

1.1. The parties may mutually agree to extend the scope of the provided service before the end of the Subscription Period.

1.2. The amendment mentioned in point 1.1 will take effect at the beginning of the next Subscription Period unless the parties agree to a shorter implementation period.

1.3. The scope of changes is agreed upon by the Operator and the Client via email.

1.4. If the scope of Services is changed during the Subscription Period, resulting in a change in fees, the Service Provider's remuneration for the given Subscription Period will be calculated proportionally to the use of these services.

2. Termination of the Electronic Service Agreement:

2.1. An agreement for the provision of continuous and indefinite Electronic Services (e.g., account management, newsletter) may be terminated.

2.2. The Service Recipient may terminate the agreement without providing reasons by sending a relevant statement via email to: contact@stamply.co. In such a case, the agreement expires after 3 days from the date the declaration of intent to terminate is submitted (notice period).

2.3. The Service Provider may terminate an agreement for the provision of continuous and indefinite electronic services if the Service Recipient violates the Terms and Conditions, especially by providing unlawful content, after a prior ineffective request to cease such violations within an appropriate timeframe. In such a case, the agreement expires after 1 day from the date the declaration of intent to terminate is submitted (notice period).

2.4. Termination leads to the cessation of the legal relationship with future effect.

3. Application functionalities:

3.1. Virtual Loyalty Card (VLC):

3.1.1. A User with access to the Application can create a VLC system that allows the User’s End Clients to collect Points (stamps) through an account created with that User.

3.1.2. Points (stamps) can be exchanged for rewards.

3.1.3. The method of calculating Points and their value is determined by the User.

3.1.4. The User specifies the method of calculating and redeeming Points for End Clients creating a VLC with the User.

3.1.5. The rewards and their differentiation based on the User’s End Client type are defined by the User.

3.2. User's Client Database:

3.2.1. A User with access to the Application can use a client database.

3.2.2. The client database includes clients of the User who opted to create a VLC with that User.

3.2.3. The responsibility for protecting the personal data of End Clients mentioned in point 3.2.2 lies with the User with whom the End Clients opted to create a VLC.

3.3. Marketing messages:

3.3.1. The User can send marketing messages to clients mentioned in point 3.2.2 of this section.

3.3.2. Marketing messages can be sent via SMS, email, or push notifications.

3.3.3. Sending messages mentioned in point 3.3.1 of this section is allowed only to clients who have given separate and explicit consent.

3.4. Other functionalities:

4. The Service Provider and the Service Recipient may terminate the Electronic Service Agreement at any time by mutual agreement.

§ 7 COMPLAINTS REGARDING THE PROVISION OF ELECTRONIC SERVICES BY THE SERVICE PROVIDER

1. Complaints related to the provision of Electronic Services via the Website and the Application can be submitted by the Service Recipient via email to: contact@stamply.co.

2. The email should include as much information and context as possible about the subject of the complaint, particularly the type and date of the issue and contact details. Providing detailed information will significantly facilitate and expedite the Service Provider's handling of the complaint.

3. The Service Provider will process the complaint promptly, no later than within 14 days from the date of receipt.

4. The Service Provider's response to the complaint will be sent to the email address provided by the Service Recipient in the complaint or via another method specified by the Service Recipient.

5. Reporting violations and technical issues.

5.1. Any Service Recipient may report to the Service Provider any suspected violations of these Terms and Conditions or applicable laws by information or content available within the Application. Clients may also report technical issues related to the service.

5.2. Reports can be submitted by the Service Recipient via email to the Service Provider at: contact@stamply.co.

5.3. The Service Provider will review the report within 7 business days. If it is determined that the reported content violates the Terms and Conditions, it will be removed from the Application. In case of doubts regarding the validity of the report, the Service Provider may contact the specific User for additional clarification.

§ 8 INTELLECTUAL PROPERTY

1. All content that is an integral part of the Website and the Application is protected by copyright law and (excluding content posted by Users and elements used under license, transfer of copyright, or permitted use) is the property of Damian Kowalski, conducting business under the name Damian Kowalski, registered in the Central Registration and Information on Business of the Republic of Poland maintained by the minister responsible for economic affairs, business address and address for service: Bratkowice 281, 36-055 Bratkowice, NIP: 5170406229, REGON: 385933390, email: contact@stamply.co. The Service Recipient bears full responsibility for any damage caused to the Service Provider as a result of using any content of the Website or Application without the Service Provider's consent.

2. Any use of any elements constituting the content and substance of the Website and Application without the explicit written consent of the Service Provider constitutes a violation of copyright law and results in civil and criminal liability.

3. By submitting files and other content via the Website and Application, as well as by posting them on their own website, the Service Recipient confirms their right to use them and assumes responsibility for violations of proprietary and related copyrights, as well as personal rights of third parties. In the event that any person raises claims or demands against the Website or the Service Provider in this regard, the Service Recipient undertakes to indemnify the Website or the Service Provider from all liability arising from such violations and to fully satisfy the claims of third parties in this regard.

§ 9 LIABILITY

1. The Service Provider will make every effort to ensure that the data available on the Website and in the Application is complete, up-to-date, and presented with due diligence, taking into account the existing factual and legal circumstances, within the limits allowed by law.

2. The Service Provider undertakes all efforts to ensure the proper functioning of the Website and the Application in both formal and legal terms. The Service Provider will account for all changes in legal regulations and update the Website accordingly.

3. The Service Provider exercises due diligence to maintain service parameters at a constant, defined level (SLA).

4. The Service Provider commits to delivering a defect-free service and is liable for its non-performance or improper performance in accordance with the Terms and Conditions, as well as generally applicable legal regulations, including in particular the provisions of the Civil Code concerning liability for non-performance or improper performance of reciprocal contracts.

5. The Service Provider is not liable for non-performance or improper performance of the service in cases of force majeure or reasons attributable solely to the Client.

6. To the maximum extent permitted by law, the Service Provider is not liable to the Client for:

a) any damages or losses, whether direct or indirect (including damages due to loss of business profits, business interruptions, or loss of economic information and other financial losses) resulting from the use, inability to use, or malfunction of the Application or Website, damages caused by system outages or telecommunication or power network failures,

b) improper use of the Website or Application by the Client and the malfunctioning of computer hardware, software, or communication systems used by the Client to connect to the Website or Application,

c) potential damages arising from errors, failures, and interruptions in the operation of the Website or Application, or caused by incorrect recording or retrieval of data by Service Recipients,

d) disruptions in the proper functioning of the Website or Application, as well as data loss resulting from acts of force majeure or third-party actions,

e) actions of third parties involving the unlawful or non-compliant use of data and materials posted on the Website or Application in violation of the Terms and Conditions,

f) inability to log into the Website system, caused in particular by connection quality, system failures, misconfigurations of Client software, or telecommunication or power network failures,

g) consequences related to password loss,

h) providing an email address by the User that is inaccessible, incorrect, or belongs to another entity,

i) the choice of a service for specific purposes and the results obtained through the service.

7. Service Recipients bear full responsibility for any legal violations or damages caused by their actions in connection with using the Application, including providing false data, disclosing confidential information or other legally protected secrets, violating personal rights or copyrights, as well as processing personal data of Service Recipients contrary to the purposes of the Website or Application or in violation of data protection laws.

8. It is prohibited to submit Information that:

8.1 is misleading,

8.2 is fictitious,

8.3 violates the rights of the Service Provider or third parties,

8.4 violates the Terms and Conditions,

8.5 violates applicable laws,

8.6 violates good practices or social norms,

8.7 is discriminatory, vulgar, offensive, or obscene,

8.8 contains personal data of third parties, except for data of representatives and proxies of the Client or personal data processed by the Client as a data controller in accordance with applicable laws, including GDPR,

8.9 contains links to the Information described above.

9. The Service Provider is entitled at any time to take actions to verify the identity and identification of the Client under the Anti-Money Laundering Act, and the Client is obliged to provide the Service Provider with the necessary information, explanations, and documents in this regard. The Client acknowledges and accepts that if the required information is not provided, the Service Provider may withhold services, which does not constitute grounds for any claims by the Client against the Service Provider.

10. The User assumes full responsibility for the non-compliance of Rewards with the agreement and for any damages caused by the Reward to the End Client. The Service Provider is not responsible for any consequences of the issuance or use of the Reward by the End Client.

§ 10 SLA GUARANTEE

1. The SLA level represents the Service Provider's commitment to ensuring service continuity each month at a level of 97%, without outages, as stipulated in the Terms and Conditions.

2. A failure is defined as a service malfunction by the Service Provider resulting in a service interruption or significant quality degradation. In the context of this SLA guarantee, a failure means the inability to use the core service functions, including the operation of the mobile application.

3. The resolution of failures should occur no later than within 2 business days from their occurrence. If resolution within 2 business days is not possible, the Service Provider will determine and communicate a resolution timeline to Clients.

4. The SLA guarantee covers the following scope:

4.1. providing an internet connection to the server,

4.2. providing power to the server,

4.3. ensuring hardware-level server functionality,

4.4. ensuring operating system-level server functionality,

4.5. ensuring technical functionality of the Service Recipient’s Account related to the basic operation of the service.

5. The SLA guarantee does not cover, in particular, events and their consequences related to:

5.1. depletion of available disk space on any partition managed by the Client,

5.2. issues with website operation caused by scripts or modifications (including by viruses, hackers, etc.),

5.3. issues arising from the use of the service to handle disproportionate traffic volumes,

5.4. spam distribution or the functioning of anti-spam and anti-virus software,

5.5. service blocking for reasons specified in the Terms and Conditions,

5.6. maintenance windows – scheduled during weekends between 1:00 AM and 5:00 AM. During these maintenance windows, the Service Provider may perform server work that could result in short-term service unavailability,

5.7. functionality of the Service Recipient’s Account in settings unrelated to the main server functions,

5.8. force majeure.

6. Force majeure is an event independent of the Service Recipient or Service Provider, external, unforeseeable, and unavoidable, including but not limited to wars, natural disasters, strikes, and acts issued by public authorities.

7. The SLA guarantee does not cover service interruptions related to system maintenance or other planned activities, for which the Service Provider gives at least 24 hours' notice.

§ 11 PROVISIONS FOR ENTREPRENEURS WITH CONSUMER RIGHTS

1. An entrepreneur conducting sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided under the Consumer Rights Act, provided that the agreement they enter into with the Service Provider is directly related to their business activity, but the content of this agreement indicates that it is not of a professional nature, particularly given the scope of their business activity.

2. An individual conducting business activity as referred to in item 1 of this paragraph is entitled to protection in the following areas:

2.1. unfair contractual terms,

2.2. liability for non-compliance of the License with the agreement,

2.3. the right to withdraw from a distance contract,

2.4. rules regarding Agreements for the supply of digital content or Digital Services.

3. An entrepreneur referred to in item 1 of this paragraph loses the consumer protection rights if the Agreement they concluded with the Service Provider is of a professional nature, which is verified based on the entrepreneur's entry in the Central Register and Information on Economic Activity of the Republic of Poland, particularly the codes of the Polish Classification of Activities indicated therein.

4. Entrepreneurs referred to in item 1 of this paragraph are not entitled to institutional protection granted to Consumers by local consumer ombudsmen or the President of the Office of Competition and Consumer Protection (UOKiK).

§ 12 FINAL PROVISIONS

1. Agreements concluded in accordance with these Terms and Conditions are governed by Polish law. Interpretation of these Terms and Conditions shall also be made under Polish law, unless otherwise stipulated by mandatory legal provisions. Any disputes related to the provision of services will be resolved by Polish common courts. The language of the Terms and Conditions is Polish, and the Agreement is concluded in this language.

2. The Service Provider may amend the Terms and Conditions at any time, and such amendments will come into effect 14 days after their publication on the Website. However, agreements concluded prior to the amendment will be governed by the previous version of the Terms and Conditions, unless the changes concern the introduction of new services, the discontinuation of services, pricing changes, order procedures, changes in the Service Provider's details, or the adjustment of the Terms and Conditions to comply with applicable law. The Service Provider informs Clients of changes to the Terms and Conditions by publishing information on the Website and, for Clients with active agreements, by sending a link to the changes to the Client's designated email address. A Client who does not agree with the amended Terms and Conditions may terminate the Agreement, subject to a one-month notice period. During the notice period, the previous version of the Terms and Conditions will apply unless the Client terminates the Agreement after the new Terms and Conditions come into effect.

3. In case any part of the Terms and Conditions is found to be inconsistent with applicable law, the relevant provisions of Polish law shall apply instead of the disputed provision.

4. Any disputes arising from agreements between the Service and Users shall initially be resolved through negotiation, with the intention of an amicable settlement, in accordance with the Act on Out-of-Court Consumer Dispute Resolution. If this is not possible or unsatisfactory to either party, disputes will be resolved by the appropriate common court as specified in item 5 of this paragraph.

5. Court dispute resolution:

5.1. Any disputes between the Service Provider and a User (Client) who is also a Consumer or an entity referred to in § 11 of the Terms and Conditions will be submitted to the courts appropriate under the provisions of the Civil Procedure Code of November 17, 1964.

5.2. Any disputes between the Service Provider and a User (Client) who is also an Entrepreneur will be submitted to the court competent for the Service Provider's registered office.

6. With the Service Provider's consent, the Client may transfer rights and obligations arising from the Agreement to a third party, provided the third party meets the requirements set forth in the Terms and Conditions.

7. The Service Provider may condition its consent to the transfer of rights and obligations under the Agreement on the Client fulfilling all obligations owed to the Service Provider.

8. The Service Provider may charge a fee for the transfer of rights and obligations under the Agreement if such a fee is specified in the Price List or agreed upon individually by the parties.