Terms of Service for SIMPLY.IN for Merchants

1. BASIC INFORMATION

  • 1.1. These Terms and Conditions define the terms of cooperation between Simply.IN and Merchants, particularly the rules for Merchants using the Simply.IN System and the Services provided through it.
  • 1.2. The Service Provider and owner of the System is Simply.IN limited liability company headquartered in Łódź (hereinafter referred to as: “Service Provider” or “Simply.IN”).
  • 1.3. Contact with the Service Provider is via:
    • 1.3.1. email address: support@simply.in;
    • 1.3.2. phone number: +48 607 50 90 09;
    • 1.3.3. address: ul. Bratysławska 10 apt. 26, 94-040 Łódź;
    • 1.3.4. contact form available on the Service website.
  • 1.4. The Service Provider has appointed a contact point enabling direct electronic communication for the member states’ authorities, European Commission, and Digital Services Board – email address DSAcontact@simply.in.
  • 1.5. Contact with the Service Provider is possible in Polish or English.
  • 1.6. These Terms and Conditions are continuously available in the Service footer and Application, in a way that enables their acquisition, reproduction, and preservation by printing or saving at any time on a durable medium. The Terms and Conditions are also provided to Merchants at the email address indicated at registration.
  • 1.7. The Terms and Conditions and Electronic Services are directed solely at Merchants who are entrepreneurs within the meaning of applicable law provisions, possessing full legal capacity, particularly those conducting online sales. By accepting the Terms and Conditions, the Merchant declares that they have the status of an entrepreneur and full legal capacity, and the Agreement is professional for them. The Service Provider is entitled to condition the commencement or continuation of Services provision on the Merchant submitting a separate declaration referred to in the preceding sentence, in electronic form.

2. DEFINITIONS

  • 2.1 Application – a mobile application named Simply.IN intended for installation on a User’s mobile device with Android or iOS operating system, through which a Merchant can access the services and functionalities of the System.
  • 2.2. Price List – a document that specifies the prices of Services, available at https://simply.in/pricing. If the Services’ prices have been individually agreed upon between a Merchant and the Service Provider, the Price List applicable to the Merchant is accessible in their Merchant Panel.
  • 2.3. Merchant Account – Merchant’s account registered in the System. Upon registration in the System, the Merchant gains access to all functionalities available within the Account.
  • 2.4. Merchant Panel – a panel available to the registered Merchant in the System, enabling the use of Merchant Account functionalities.
  • 2.5. Merchant – a natural person, an organizational unit without legal personality, or a legal entity that has entered into an Agreement with the Service Provider or takes actions to do so.
  • 2.6. Simply.IN or Service Provider – Simply.IN limited liability company based in Łódź (94-040), ul. Bratysławska 10/26, registered in the business register of the National Court Register kept by the District Court for Łódź – Śródmieście in Łódź, XX Commercial Division of the National Court Register, under KRS number: 0001031339, REGON: 525060145, NIP: 7272868199, with a share capital of: 150,000 PLN.
  • 2.7. Merchant’s Representative – a person authorized or empowered to represent the Merchant, who on their behalf and for them accepts the terms of Services provision based on the Terms.
  • 2.8. Terms – these Terms of Service for utilizing the System.
  • 2.9. System – Simply.IN software created, maintained, and provided by the Service Provider, allowing the memorization of User’s data during online shopping on the Merchant’s website, facilitating such purchases, accessible via the Service or Application.
  • 2.10. Service – the website operated by the Service Provider at https://simply.in/, through which a Merchant can access the services and functionalities of the System.
  • 2.11. Simply.IN Plugin – an additional module installed in the Merchant’s website, enabling the use of the System.
  • 2.12. Agreement – a cooperation agreement entered into between Simply.IN and a Merchant, which the Merchant enters with Simply.IN in connection with their business activity, whose terms are defined by the Terms.
  • 2.13. Services – the services defined in the Terms, which Simply.IN provides electronically.
  • 2.14. User – any natural person who uses the System via the Service or Application.
  • 2.15. Simply.IN Digital Wallet – a System functionality allowing the storage of the User’s payment instrument data (payment cards) to reuse them in the Merchant’s online store, i.e., to make a one-time/recurring payment.
  • 2.16. Payment Operator – means a settlement agent (acquirer) or other payment service provider cooperating with the Merchant regarding card payments and/or digital wallets acceptance;
  • 2.17. Card Networks – mean international payment organizations, particularly Visa, Mastercard, and American Express;
  • 2.18. Tokenization Providers – mean providers of network tokenization services, particularly Visa Token Service (VTS) and Mastercard Digital Enablement Service (MDES).

3. CONCLUDING THE AGREEMENT AND REGISTERING A MERCHANT ACCOUNT

  • 3.1. A Merchant who wants to conclude the Agreement should:
    • 3.1.1. enter the correct Merchant data in the designated form, at least the data marked as mandatory;
    • 3.1.2. read and accept the content of the Terms and Conditions, and then send the completed form via the “Register” button or equivalent.
  • 3.2. Immediately after sending the registration form under the conditions described in 3.1 above, the Service Provider creates an individual Merchant Account in the System, the registration is completed, and an Agreement is concluded between the Service Provider and the Merchant. From that moment, the Merchant can log into the Merchant Panel on the main page of the Service by providing the email address and the SMS code sent to the given phone number.
  • 3.3. A Merchant Account can only be registered by a natural person with full legal capacity, and moreover – in the case of legal entities and organizational units without legal personality, which are granted legal capacity by law – holding authorization to undertake obligations and acquire rights enabling acceptance of the Terms and Conditions on behalf of the Merchant. In case the Service Provider has doubts regarding the authorization of the person registering the Merchant Account, it may require the Merchant to submit such authorization or documents confirming the entitlement to act on behalf of the Merchant, suspend the Merchant Account until receiving information or documents confirming the authorization or take other actions to clarify doubts, and additionally, may delete the Merchant Account.
  • 3.4. The Service Provider does not foresee the possibility of registering a Merchant Account using a pseudonym or anonymously.
  • 3.5. A Merchant can have only one Account.
  • 3.6. Changes to the Merchant’s data are possible in the Merchant Panel. The Service Provider may request the submission of appropriate documents substantiating the validity of the data change, including confirming changes to the Merchant’s registration data. The change of data cannot be caused by the Merchant transferring any rights or obligations resulting from the Agreement to a third party unless the Merchant has previously obtained consent for such an assignment in accordance with section 13.4 of the Terms and Conditions.
  • 3.7. The Service Provider informs that sharing login data with third parties may result in unauthorized use of the Merchant’s data. In the event of sharing the aforementioned data with third parties under the conditions described in the previous sentence, the Service Provider will consider any actions undertaken by these third parties as actions of the Merchant, unless the circumstances of a specific action performed using the aforementioned data indicate unauthorized use of such data by a third party. The Service Provider is not liable for any consequences of sharing login data with third parties by the Merchant or its representatives.

4. USING THE SIMPLY.IN SYSTEM

  • 4.1. The use of the System is possible provided that the end device and telecommunication system used by the Merchant meet the technical requirements. Integration of the System with the Merchant’s system is possible after downloading the Simply.IN Plugin from the provider’s website and installing it on the Merchant’s website. Technical requirements and installation and integration instructions for the Plugin are available in the Merchant Panel.
  • 4.2. To use the Service, it is necessary to have equipment and an IT system meeting the following minimum technical requirements:
    • 4.2.1. a device with Internet access allowing for proper display of the Service interface;
    • 4.2.2. an active email account (for registration and access to functionalities available to logged-in Merchants);
    • 4.2.3. installed and updated to the latest version web browser Chrome, Firefox, Safari, or Opera;
    • 4.2.4. installed and enabled JavaScript support and enabled cookies (necessary for proper display of the Service).
  • 4.3. To use the Application, the equipment and IT system must meet the following minimum technical requirements:
    • 4.3.1. Internet access;
    • 4.3.2. a mobile device with an updated iOS or Android system;
    • 4.3.3. an active email account.
  • 4.4. All proprietary rights to the Merchant’s Account, the System, and Simply.IN Plugin which are works, excluding elements from so-called open software (open source), belong to the Service Provider. Open software elements have been implemented into the System and are distributed within the System under the license terms defining the rules of their use.
  • 4.5. The Merchant is obliged to comply with the conditions and rules of using the Services specified in the Terms, including taking into account the license terms for using open source software included in the Services, if specified in the Terms. The Merchant acknowledges that failure to comply with this obligation may result in a violation of proprietary rights and holding the Merchant legally responsible.
  • 4.6. During the term of the Agreement, the Service Provider grants the Merchant a territorially unlimited, paid, and non-exclusive license to use the Merchant’s Account, the System, and Simply.IN Plugin according to their intended purpose, without the right to grant further licenses. The license entitles the Merchant to use the Merchant’s Account and temporarily reproduce the System and Simply.IN Plugin on an electronic device and in any form through their display and use, and in relation to the Simply.IN Plugin – also storage, for the purpose of conducting online sales.
  • 4.7. It is prohibited to provide or process illegal content using the Service or Application. In the case of using forms provided in the Service or Application, the Merchant is obliged to provide true and correct data. Illegal content should particularly be understood as content:
    • 4.7.1. violating applicable law, including by promoting, endorsing, or inciting terrorism, sexual exploitation or cruelty to children or adults, organized crime, human trafficking, or causing bodily harm;
    • 4.7.2. inciting hatred based on national, ethnic, racial, religious differences, or on grounds of non-religion;
    • 4.7.3. promoting a fascist or other totalitarian state system;
    • 4.7.4. infringing the personal or property rights of third parties, including intellectual property rights;
    • 4.7.5. violating the privacy of third parties.
  • 4.8. In case the Service Provider receives an order to take action against specific illegal content provided or processed by the Merchant using the Service or Application issued by competent national judicial or administrative authorities, the Service Provider will be able to take action referred to in items 6.4–6.5 of the Terms. The Service Provider will inform the Merchant about the actions taken no later than at the time of taking these actions, unless the order requires another notification time or prohibits notification.
  • 4.9. As part of using the System, the Merchant enables persons using his website to register in the System as a User.
  • 4.10. The terms of using the Service and Application are specified in the Simply.IN User Terms.
  • 4.11. The Merchant may decide to integrate with the System for automatic form filling. If such a decision is made, the Service Provider will automatically fill out forms provided on the Merchant’s website or mobile application, acting in such a case as a User’s agent, based on appropriate authorization granted to him by the given User. Integration, as mentioned in the previous sentence, also includes the possibility for the Service Provider to check agreement fields, checkboxes required by the Merchant (mandatory) to conclude a legally binding agreement between the User and the Merchant, with the Merchant acknowledging that the final declaration of concluding such an agreement is made by the User himself, through the functionality of the IT system. The Service Provider ensures the preservation of evidence of authorization and statements of intent made by the User, including at least: timestamp, IP address, device/browser identifier, session ID, scope of data transferred and marked fields, and form version identifier. The Merchant confirms that mandatory agreements required to conclude an agreement with the User are distinguished from optional agreements and that without explicit User authorization in the Simply.IN interface, optional agreements (in particular marketing) are not marked. Logs, as mentioned above, are stored for 5 years from the day of their recording, but not shorter than until the expiration of the limitation periods of claims related to transactions for which they were collected.
  • 4.12. The Merchant can use an additional functionality of the System, which is the Simply.IN digital wallet to accept card payments from Users.
  • 4.13. The Service operates in accordance with the standards of payment organizations Visa, Mastercard, and – regarding acceptance – American Express for pass-through digital wallets and PCI DSS 4.0 standard.
  • 4.14. The Merchant acknowledges that the payment instruments stored are payment cards branded with Visa, Mastercard, or American Express (debit, credit, prepaid), both physical and virtual, issued by both banking and non-banking card issuers operating under a Visa, Mastercard, or American Express license worldwide.
  • 4.15. The Simply.IN digital wallet service is not a payment service and does not require the Service Provider to have permissions from the Financial Supervision Authority or other bodies, because it is a so-called service provided by a technical service provider, supporting the provision of payment services (Art. 6 point 10 of the Payment Services Act).
  • 4.16. However, for the operation of this service, it is necessary for the Merchant to:
    • 4.16.1. have an active agreement with any Payment Operator providing him the ability to accept payments via payment cards in the systems indicated in item 4.14;
    • 4.16.2. have carried out technical integration according to the documentation provided by the Service Provider.
  • 4.17. The Merchant confirms that he understands the basic principles of the Simply.IN digital wallet’s operation as a pass-through wallet, and thus confirms that he understands the Service Provider does not participate in monetary transfers in a payment transaction, but only in the flow of information, therefore the only entity responsible for financial settlements with the Merchant from card transactions remains his Payment Operator.

5. POWER OF ATTORNEY AND COOPERATION WITH PAYMENT OPERATORS

  • 5.1. Grant of Power of Attorney. Upon acceptance of the Terms, the Merchant grants Simply.IN sp. z o.o. a power of attorney to act on behalf of the Merchant in relations with Payment Operators, Card Networks, and Tokenization Providers, regarding all factual and legal actions necessary for the launch, configuration, maintenance, and optimization of transactions processed using the Simply.IN System and/or digital Wallet and related solutions. The power of attorney particularly includes, but is not limited to:
    • a) submitting applications for enabling/configuring functionalities (e.g., network tokenization, stored credentials, COF/MIT/CIT, 3-D Secure/DS, recurring, credential-on-file, cyclical updates, BIN profiling),

      b) submitting applications for whitelisting/providing IP addresses, domains, certificates, and keys necessary for integration,

      c) transferring and confirming information and documents required by Payment Operators/Networks/Tokenization Providers, including, among others, current PCI DSS compliance confirmations (along with AOC/ROC/SAQ), architecture descriptions, security policies, compliance registers, technical statements,

      d) participating in testing and production processes, including initiating and accepting integration tests, certification tests, and responding to technical/compliance inquiries,

      e) agreeing on technical parameters of transactions and flows (routing, MID/TID identifiers, MCC, data formats, transaction flags, risk/fraud profiles),

      f) submitting applications for activation and configuration of features in wallets and/or paywalls provided by Payment Operators (including Apple Pay/Google Pay if used by the Merchant),

      g) ongoing operational and technical correspondence and receiving feedback.

  • 5.2. Limitations of Power of Attorney. The power of attorney does not authorize Simply.IN to:
    • a) change the financial terms of the Merchant’s agreement with the Payment Operator (including interchange fees, scheme fees, acquirer fees, or commissions),

      b) incur financial obligations on behalf of the Merchant, change settlement accounts, receive payments due to the Merchant, or terminate/change the Merchant’s agreements with Payment Operators,

      c) make statements in areas that, under mandatory regulations, require a special form (e.g., notarial deed) or a separate specific power of attorney.

  • 5.3. Consents and Disclosure of Information. The Merchant authorizes their Payment Operators, Card Networks, and Tokenization Providers to provide Simply.IN with the information and documents necessary to perform the actions specified in clause 2, particularly: merchant identifiers (MID/TID), MCC, acceptance point data, URLs/domains, integration parameters, technical specifications, certification statuses, and information on the activation status of functionalities (including network tokenization). The authorization also includes the transmission of information constituting trade secrets to the necessary extent, maintaining confidentiality by Simply.IN.
  • 5.4. Form and Duration. The power of attorney is granted for the duration of the Agreement and expires upon its termination or the revocation of the power of attorney by the Merchant. Revocation requires a documentary form (email from the address assigned to the Merchant’s Account) and takes effect 7 days after delivery, without affecting the validity of previously performed actions.
    5.5. Further Confirmations. At the request of the Payment Operator/Network/Tokenization Provider, the Merchant will promptly sign and deliver an additional form or letter of attorney consistent with this chapter if required to proceed with the relevant process.
  • 5.6. Merchant’s Obligations. The Merchant will provide Simply.IN with access to the information and resources necessary to perform the power of attorney (including current company data, contact information, security policies, information on the configuration of payment gateways) and necessary testing/production environments for integration purposes.
  • 5.7. Responsibility. Simply.IN performs the actions covered by the power of attorney with professional diligence. Simply.IN is not responsible for the decisions of Payment Operators/Networks/Tokenization Providers, delays on their part, or consequences arising from incorrect or incomplete data provided by the Merchant.
  • 5.8. Precedence of Provisions. The provisions of this chapter supplement the chapters regarding the use of the Simply.IN System and Digital Wallet and do not violate other provisions of the Terms, including those regarding the nature of Simply.IN’s services as a technical provider.

6. PAYMENTS

  • 6.1. Merchant is obligated to pay applicable fees to Simply.IN on time. Fee amounts are specified in the Pricelist or other locations on the Service, and unless otherwise noted, are given in net amounts, to which VAT at the applicable rate upon issuing the VAT invoice must be added.
  • 6.2. The Service Provider is entitled to offset payments due to the Merchant from the Service Provider for registering the User in the System through the Merchant’s site with payments due to the Service Provider for providing Services.
  • 6.3. The Merchant authorizes the Service Provider to issue and deliver an electronic invoice without the Merchant’s signature to the email address assigned to the Account. Notwithstanding the foregoing, the Service Provider may issue a paper invoice (traditional), particularly if issues preventing the issuing of electronic invoices arise.
  • 6.4. Upon the introduction of regulations mandating the use of the National e-Invoice System, the Service Provider will issue invoices using this System. The Merchant consents to receiving invoices in this System.
  • 6.5. In case of any delay in payment due to the Service Provider under the Agreement, the Service Provider has the right to charge maximum interest on delays.
  • 6.6. The Service Provider is entitled to contact the Merchant (including the phone number provided at Account registration) to remind about overdue payments.
  • 6.7. The Service Provider reserves the right to change the amount of Fees without giving a reason, introduce new and remove existing Services, conduct and cancel promotional activities.

7. TERM AND TERMINATION OF THE AGREEMENT

  • 7.1. The agreement is concluded for an indefinite period.
  • 7.2. The Merchant may, at any time and without giving a reason, suspend or reactivate the Merchant Account by making the appropriate selection in the Merchant Panel.
  • 7.3. The Merchant may, at any time and without giving a reason, initiate the deletion of the Merchant Account by sending a message to the Service Provider’s email address. The Merchant Account is deleted up to 14 days from the day the deletion of the Account is initiated by the Merchant, during which time the Merchant has no access to the Account and no charges are applied.
  • 7.4. The Service Provider may suspend the Merchant Account in the following cases:
    • 7.4.1. delay in payment of remuneration – until the Merchant makes the payment;
    • 7.4.2. suspicion of unauthorized access to the Merchant Account – until the grounds for suspicion of unauthorized access to the Account cease;
    • 7.4.3. suspicion of law violation using the Merchant Account;
    • 7.4.4. breach by the Merchant of the Terms of Service;
    • 7.4.5. determination by the Service Provider that the Merchant uses the System in violation of the applicable acceptable use policies of the System;
    • 7.4.6. determination by the Service Provider that the Merchant uses the System in a manner contrary to the assumptions, purposes, or scope of activities of the System.
  • 7.5. The Service Provider may terminate the Agreement and permanently delete the Merchant Account with immediate effect in the case of account suspension lasting 12 months.
  • 7.6. In the cases referred to in section 6.4 above, as well as in section 6.5 above, the Service Provider will also or alternatively be entitled to apply restrictions on the visibility of certain information provided by the User or their removal.
  • 7.7. During the period when the Merchant Account is suspended, the use of the System is limited, and data flow is stopped. Suspension of the Merchant Account does not cause changes in its settings or deletion of data stored there.
  • 7.8. There is no possibility of restoring a deleted Merchant Account or recovering data stored within the deleted Account by the Merchant. Deleting the Merchant Account is equivalent to the expiration of the Agreement.
  • 7.9. The Service Provider is entitled to contact the Merchant during the period of suspension of the Merchant Account or for a period of 60 days after the deletion of the Account, at the Merchant’s initiative, to determine the reasons for, respectively, the suspension or deletion of the Merchant Account, as well as to obtain the Merchant’s feedback on the System or other Services.
  • 7.10. The Service Provider may suspend the provision of services to the Merchant or immediately terminate them in part, that is, in the scope of accepting payments by the Merchant using the Simply.IN Digital Wallet, if the Service Provider has reasonable suspicions that it is being used for money laundering, fraud, or other crimes.

8. COMPLAINTS

  • 8.1. Any complaints regarding irregularities in the operation of the System, including reservations concerning the functioning of the Service or Applications, may be submitted to the Service Provider:
    • 8.1.1. by email to support@simply.in
    • 8.1.2. or via the contact form available on the Service.
  • 8.2. Complaints are considered promptly, within no more than 14 calendar days from the date of the complaint submission. The response will be sent through the same communication channel by which the complaint was directed to the Service Provider.
  • 8.3. The Service Provider may request additional information from the Merchant when required for the consideration of the complaint.
  • 8.4. In cases where the consideration of the complaint requires additional explanations or information referred to in section 8.3, the period specified in section 8.2 is extended until they are received and the necessary circumstances are explained, which the Service Provider will inform the Merchant about, indicating the expected date of the final response.

9. TERMINATION OF SYSTEM OPERATION

  • 9.1. The Service Provider may terminate the provision of access to the System service at any time, for a valid reason, which is:
    • 9.1.1. changes in generally applicable legal regulations directly impacting the functioning of the System and necessitating its closure;
    • 9.1.2. economic non-viability of System operation;
    • 9.1.3. issuance of a ruling or decision by a court or authorized public authority regarding the System and necessitating its closure.
  • 9.2. The Service Provider will inform the Merchant about the termination of the System operation through a notification in the Service and Application and an email or SMS message, indicating the date of System termination, provided that this date cannot be earlier than 30 (thirty) days from the date the notice is sent, unless the termination date of the System resulting from the ruling or decision referred to in section 9.1.3 above is shorter.

10. PROCESSING OF PERSONAL DATA

  • 10.1. The Service Provider processes personal data in accordance with the Privacy Policy and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) for purposes related to providing Services.
  • 10.2. In order to properly provide Services, the Merchant provides the Service Provider with personal data entered by the User. The Merchant is fully responsible to the User for fulfilling its obligations as a data controller under the General Data Protection Regulation and other applicable legal acts.
  • 10.3. The use by the Merchant of the payment acceptance functionality via the Simply.IN Digital Wallet does not cause the Service Provider to process any additional personal data of the Merchant nor does it result in the Merchant processing any additional User data.

11. RIGHTS AND RESPONSIBILITIES OF THE SERVICE PROVIDER

  • 11.1. Shaping, developing, and maintaining the System are the exclusive rights of the Service Provider. The Service Provider is particularly entitled to temporarily limit and remove specific functionalities of the System.
  • 11.2. The Service Provider is not liable for:
    • 11.2.1. interruptions in the System’s operation resulting from reasons attributable to the Merchant and independent of the Service Provider,
    • 11.2.2. interruptions in the System’s operation resulting from reasons independent of the Service Provider and constituting force majeure,
    • 11.2.3. technical problems or difficulties resulting from reasons attributable to the Merchant that hinder or prevent the use of the System,
    • 11.2.4. damages caused by any Merchant as a result of violating the rights of third parties;
    • 11.2.5. damages incurred by the Merchant in connection with the blocking or removal of the Merchant’s Account from the System due to a breach by the Merchant of the Terms and Conditions or generally applicable law.
  • 11.3. The Service Provider is not liable for the non-performance or improper performance of the Agreement:
    • 11.3.1. to the extent that the Merchant contributed to the occurrence or increase of the damage;
    • 11.3.2. to the extent that the damage was remedied by a third party;
    • 11.3.3. to the extent that the damage arose in connection with changes in legal regulations or the issuance of a decision or ruling by an authority, institution, court, or tribunal;
    • 11.3.4. to the extent that the damage arose from reasons beyond the Service Provider’s control, especially due to force majeure;
    • 11.3.5. to the extent that the damage arose as a result of actions taken by the Service Provider aimed at securing the stability of the System’s infrastructure.
  • 11.4. The Service Provider is not liable for the Merchant’s lost profits and damages not in direct normal causal connection with the Service Provider’s actions or omissions.
  • 11.5. The Service Provider is entitled to partially or completely disable the System’s operation to carry out repairs or modernization, with the Service Provider undertaking to minimize the time during which the System’s operation is partially or completely disabled. In the event of a complete shutdown for repair or modernization, the Service Provider will post an appropriate notification on the Service and Application.
  • 11.6. The total liability of the Service Provider under the Agreement, regardless of the legal basis, is limited to an amount equal to the sum of Fees paid by the Merchant to the Service Provider in the 12 months preceding the event causing the damage, but not more than 20,000.00 PLN. The Merchant undertakes to indemnify the Service Provider against third-party claims arising from: (i) illegal content provided by the Merchant; (ii) infringement of third-party rights; (iii) unauthorized use of the System; (iv) breach of the Merchant’s obligations under these Terms and Conditions.

12. CHANGES TO THE TERMS AND CONDITIONS

  • 12.1. The Service Provider reserves the right to change the Terms and Conditions at any time.
  • 12.2. In the event of changes to the Terms and Conditions, the Service Provider will provide the consolidated text of the Terms and Conditions by publishing it as part of the Service or by sending a message to the Merchant’s email address assigned to the Merchant Account, which the Service Provider and Merchant recognize as introducing information about the change to the means of electronic communication in such a way that the Merchant can become acquainted with its content. The changes to the Terms and Conditions come into force 14 days from the date the Merchant is provided with the consolidated text of the amended Terms and Conditions. In case of objection by the Merchant to the proposed changes, the Merchant should delete the Merchant Account before the changes take effect. Lack of objection by the Merchant to the changes equates to their acceptance.

13. FINAL PROVISIONS

  • 13.1. The Terms and Conditions enter into force on October 1, 2025.
  • 13.2. In matters not regulated in the Terms and Conditions, the appropriate provisions of Polish law shall apply.
  • 13.3. The competent court for disputes between the Service Provider and the Merchant arising from or related to the Agreement is the court locally competent for the Service Provider.
  • 13.4. The Merchant is not entitled to transfer any rights or obligations arising from the Agreement to a third party without prior consent of the Service Provider, expressed in documentary form (including electronic) or in writing under pain of nullity. The Service Provider may transfer the rights or obligations arising from the Agreement to a third party without prior consent of the Merchant.
  • 13.5. If any provision of the Terms and Conditions proves invalid in whole or in part, ineffective or unenforceable, only such a provision will remain invalid in whole or in part, ineffective or unenforceable, and the remaining provisions remain in force.

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