2. DEFINITIONS

2.1. Application - a mobile application under the name Simply.In designed to be installed on the User's mobile device with the Android or iOS operating system, through which the User can use the services and functionalities of the System.

2.2. Account — the User's account registered within the System. After registering in the System, the User is granted access to all functionalities available within the Account.

2.3. Partner — a natural person, an organizational unit without legal personality or a legal entity that has entered into a cooperation agreement with the Service Provider.

2.4. Simply.In or Service Provider — Simply.In spółka z ograniczoną odpowiedzialnością based in Łódź (94-040), Bratysławska 10/26, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Łódź - Śródmieście in Łódź, XX Division of the National Court Register, under KRS number: 0001031339, REGON: 525060145, NIP: 7272868199, share capital: PLN 150,000.

2.5. Regulation — these Regulations.

2.6. System — Simply.In software created, maintained and made available by the Service Provider, which allows, among other things, to remember the User's data during online shopping and to improve such shopping, available through the Website or the Application.

2.7. Website — the Internet site maintained by the Service Provider at https://simply.in/, through which the User may use the services and functionalities of the System.

2.8. User — any natural person who uses the System via the Site or the Application.

3. USE OF THE SYSTEM SIMPLY.IN

3.1. Use of the Simply.In System is possible after registration.

3.2. Registration allowing to create an Account in the System is intended for the User who meets all the following conditions:

3.2.1. Has reached the age of 18 and has full legal capacity

3.2.2. Has an active cell phone number.

3.2.3. Correctly provided all the information necessary to establish an Account.

3.3. Registration in the System and creation of an Account takes place (i) on the Partner's website or via (ii) the Service or (iii) via the Application.

3.4. The User who wants to create an Account in the System should:

3.4.1. In the case of registering an Account through a dedicated form available directly on the Website or Application - enter correct User data in the dedicated form, to the extent of at least the data marked as mandatory; read the Terms and Conditions and then submit the completed form using the "Next"; or analogous button; in the following year, provide an SMS code to verify the correctness of the data or click on the verification link sent to the email address, and then click on the "Next"; or analogous button,

3.4.2. In the case of Account registration through the Partner's service - verify the phone number in the dedicated form or enter the correct phone number in this form, read the Terms and Conditions, and then submit the form through the dedicated button in the Partner's service for ordering.

3.5. Immediately after sending the registration form according to the rules described in 3.4 above, the Service Provider creates an individual Account in the System. At this moment the registration is completed and the contract for use of the System is concluded between the Service Provider and the User. The User may also verify his/her e-mail address at any time using the dedicated button available in the Account.

3.6. If the User stops using the phone number that is the User's identifier in the System, the User is obliged to update the phone number in his/her Account or delete the Account.

3.7. As part of the User Account, the Service Provider provides the User with access to the following services and functionalities:

3.7.1. Access to and maintenance of the Account;

3.7.2. Enabling the entry, saving and editing of User data;

3.7.3. Allowing the User to view orders placed using the Account and to access the history of such orders;

3.7.4. To enable the User to use the functionality consisting in auto-complete of the data saved by the User, in online stores or services operated by Partners.

3.8. The Service Provider does not provide for the possibility to register an Account using a pseudonym or anonymously.

3.9. Registration activities are performed once. Subsequent use of the functionality of the Account is made after logging in to the Account on the Website by entering an email address or by entering an email address on the purchase path in one of the online stores or services operated by Partners, and verification by entering a code received by SMS to the phone number provided by the User within the Account or confirming the activity through the Application.

3.10. A user can have only one Account.

3.11. The Service Provider informs that sharing login data with third parties may result in unauthorized use of the User's data. In the event that the aforementioned data is made available to third parties for use under the conditions described in the preceding sentence, the Service Provider will consider any activity performed by such third parties as an activity of the User, unless the circumstances of a specific activity performed with the use of the aforementioned data, will indicate the unauthorized use of such data by a third party.

4. TERMS OF SERVICE AND APPLICATIONS

4.1. The User has the opportunity to use the functionality of the System through the Website and the Application. The Website and Application are also for informational purposes and serve to present the Service Provider's offer, to indicate address and contact information, and to provide access to Services, functionalities and materials, in particular materials related to the services offered by the Service Provider.

4.2. The use of the Website and the Application, including the downloading of the Application, is not subject to any fees charged or collected from the User. The User's use of data transmission services or voice calls in connection with the use of the Website and the Application may incur fees charged by the telecommunications operator providing telecommunications services to the User.

4.3. The User is obliged to use the Site and the Application in accordance with the law and good morals, taking into account the personal property and intellectual property rights, in particular copyright, vested in the Service Provider or third parties.

4.4. The User is authorized to use the Website and the Application solely for his/her own personal use. This means, in particular, that with respect to the data and all other materials contained in the resources of the Website and the Application, both those that are subject to protection under copyright law and those that are not, it is not permissible to use the above materials for the purpose of commercial activity by the User.

4.5. The User is obliged not to take any action that would affect the proper functioning of the Website or the Application. In particular, it is forbidden to interfere in any way with the content posted on the pages of the Website and the Application.

4.6. It is prohibited for the User to provide or process illegal content using the Website or the Application. When using the forms provided on the Website or Application, the User is obliged to provide true and correct data. Illegal content shall be understood, in particular, as content:

4.6.1. Violating applicable laws, including by promoting, praising or inciting terrorism, sexual abuse or cruelty to children or adults, organized crime, human trafficking or causing bodily harm;

4.6.2. Inciting hatred on the basis of national, ethnic, racial, religious differences or on the basis of irreligiousness;

4.6.3. Propagating a fascist or other totalitarian state system;

4.6.4. Infringing on the personal or property rights of third parties, including intellectual property rights, or

4.6.5. Violating the privacy of third parties.

4.7. In the event that the Service Provider receives an order to take action against specific illegal content provided or processed by the User using the Site or the Application issued by the competent national judicial or administrative authorities, the Service Provider will be able to take the actions referred to in clauses 5.3 - 5.5 of the Terms and Conditions. The Service Provider shall inform the User of the action taken no later than at the time the action is taken, unless the order requires a different time of notification or prohibits notification.

4.8. The use of the Website, is possible provided that the User's mobile device or computer is connected to the Internet and the User has a mobile device or computer equipped with an ICT system that meets the following minimum technical requirements:

4.8.1. A correctly configured Microsoft Edge browser of not less than 97, Firefox of not less than 96, Chrome of not less than 97, Opera of not less than 82 or Mac OS X Safari of not less than 15,

4.8.2. The browser used by the User should have at least service cookies enabled and an active JavaScript interpreter,

4.8.3. The browser used by the User should be able to enable pop-up support options through which push notifications are displayed,

4.8.4. User's mobile device should have at least iOS 15 or Android 8 operating system installed,

4.9. If the User does not meet the technical conditions for using the Site, the use of the Services may prove impossible or difficult, i.e. the Site may not work or may not work properly.

4.10. For information about the cookies used on the Website, please refer to the
Privacy Policy: https://www.simply.in/en/privacy-policy

4.11. The Service Provider recommends the User to install updates to the operating system of the mobile device or computer through which he/she uses the Service, in accordance with the recommendations of the manufacturer of the owned mobile device or computer and the manufacturer of the operating system. Failure to update the operating system may lead to a decrease in the security level of the use of the System through the Service.

4.12. The use of the System through the Application, is possible provided that this Application is downloaded:

4.12.1. From the Google Play store - in case the User uses a a mobile device with Android system, or

4.12.2. From the Apple App Store - in case the User uses a from an iOS mobile device,

4.13. The Application is designed for mobile devices with Android operating system version no lower than 8.0. and access to Google Play Store or with iOS operating system version no lower than 15. (User's mobile device must not be older than iPhone SE) and access to Apple App Store.To ensure proper operation of the Application and to access the System through it, User's mobile device:

4.13.1. Must not have installed modifications to the operating system, in particular, modifications that involve breaking the security of the manufacturer of the mobile device or the manufacturer of the operating system (so-called jailbreaking or rooting),

4.13.2. Must be able to establish a connection to the Internet, with an Internet connection required for logging into the User Account.

4.14. The use of certain functionalities of the System available on the Application may require access to certain resources of the User's mobile device, such as biometrics-based authentication system (TouchID, FaceID, Android Biometrics Login), mobile device ID or geolocation. Denial of access to such resources may have the effect of limiting the functionality available on the System.

4.15. The Service Provider informs that the installation of updates to the Application provided by the Service Provider may be necessary for the proper operation of the Application and to ensure an adequate level of security. The Service Provider recommends installing such updates as soon as they become available through the Google Play Store, HUAWEI AppGallery or Apple Store. Failure to update the Application may lead to a reduced level of security in the use of the Application.

4.16. The Service Provider informs that it uses due diligence to ensure a high level of IT security of the System and the Users' data. However, the Service Provider indicates that due to the nature of information technology, the vulnerability of the System to certain threats may be revealed in the future. For this reason, the Service Provider recommends making the necessary updates and indicates that it may from time to time issue announcements containing recommendations on security principles related to the use of the System.

5. DURATION AND TERMINATION OF THE SYSTEM CONTRACT

5.1. The contract for the use of the System is concluded for an indefinite period of time.‍

5.2. You may cancel the Service at any time, without providing a reason, by using the "Delete Account" deactivation button available within the Account or by sending a request to delete the Account to the email address support@simply.in.

5.3. The Service Provider may terminate the contract for use of the Account with immediate effect in the event of the occurrence of any of the following valid reasons:

5.3.1. User's violation of a provision of the Regulations,

5.3.2. Violation by the User, in connection with the use of the Service, of a provision of law or the rights of others.

5.4. Notwithstanding the provision of clauses. 5.2. and 5.3. above, Service Provider may terminate the Service Agreement upon seven (7) days' notice in the event of the occurrence of any of the following valid reasons:

5.4.1. Determination by the Service Provider that the User uses the System in a manner that violates good morals,

5.4.2. Determination by the Service Provider that the User is using the System in a manner contrary to the goals, objectives or scope of the System,

5.4.3. Determination by the Service Provider that the User conducts activities that violate or threaten the security of the System,

5.4.4. Liquidation of the System or discontinuation of operation or change in the scope of operation of the System.

5.5. In the event that a circumstance constitutes both a valid reason described in sec. 5.3. above, as well as in sec. 5.4. above, the Service Provider may, at its option, terminate the Agreement with immediate effect pursuant to sec. 5.3. above or with the notice period indicated in sec. 5.4. above.

5.6. Termination of the contract for the provision of Services by the Service Provider takes place by sending a statement of termination to the User's e-mail address indicated in the Account (i.e. provided at registration or changed by the User after registration) or by making a statement to the User in any other way.

5.7. In the cases referred to in sec. 5.3. above, as well as in sec. 5.4. above, the Service Provider shall also or alternatively be entitled to apply restrictions on the visibility of certain information provided by the User or to delete it

5.8. The Account is active until its deletion due to withdrawal or termination of the contract for use of the System by the User or the Service Provider, whereby the Account will be active until the completion of all pending orders.

5.9. In case of deletion of the Account, it is not possible to restore it.

6. WITHDRAWAL

6.1. The User has the right to withdraw from the contract for use of the System without giving any reason. The withdrawal period expires after 14 (fourteen) days from the date of conclusion of the contract.

6.2. In order to exercise the right of withdrawal, the User should inform the Service Provider of his/her decision by an unequivocal statement (e.g. sent by letter or e-mail). In the event of withdrawal, the contract is considered not concluded. If a statement of withdrawal is made electronically (e.g., by e- mail), the Service Provider will promptly acknowledge receipt of such statement on a durable medium. The User may use the model withdrawal form attached as Appendix 1 to the Terms and Conditions, but it is not mandatory. To meet the deadline for withdrawal from the contract, it is sufficient to send the statement before the expiry of the deadline indicated in para. 7.1.

6.3. In the event of cancellation of the contract for use of the System, it shall be considered not concluded. However, this does not affect the validity of agreements concluded with Partners during the period of use of the System.

7. COMPLAINTS

7.1. Any complaints regarding irregularities in the operation of the System, including objections to the operation of the Site or the Application, may be submitted to the Service Provider by any means, including - at the User's option:

7.1.1. By e-mail to support@simply.in

7.1.2. Through the contact form available on the Website;

7.1.3. In writing - by letter sent to the Service Provider's registered address.

7.2. Complaints are processed immediately, within a period of no more than 14 calendar days from the date of filing the complaint. The response will be sent through the same information channel by which the complaint was addressed to the Service Provider, unless the User has indicated a different way of sending the response to the complaint. In the event that the complaint does not contain data allowing the response to be sent, it will remain for collection by the User at the Service Provider's premises.

7.3. The Service Provider may require the User to provide additional information when the investigation of the complaint requires it.

7.4. If the complaint route is exhausted, the User has the option of using out-of-court ways of handling complaints and pursuing claims. Detailed information on the User's ability to use out-of-court ways of dealing with complaints and pursuing claims, as well as rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and on the website of the Office of Competition and Consumer Protection.

8. TERMINATION OF SYSTEM OPERATION

8.1. The Service Provider may terminate the service of access to the System at any time, for a valid reason, which is:

8.1.1. Change in generally applicable laws directly affecting the operation of the System and resulting in the need to close it;

8.1.2. The economic unviability of the System's operation;

8.1.3. Issuance of a ruling or decision by a court or authorized public authority concerning the System and resulting in the necessity of its closure.

8.2. The Service Provider shall notify Users of the termination of the System through a message on the Website and Application and an email or SMS message, along with an indication of the date of termination of the System, with the date not falling earlier than 30 (thirty) days from the date of sending the notification.

9. PROCESSING OF PERSONAL DATA

9.1. The use of the System by the User involves the processing of his/her personal data by the Service Provider. It is also necessary to share the User's personal data with the Partners.

9.2. Users' personal data will be processed for the purpose of executing the contract for the use of the Website, providing information on current offers and promotions, handling and processing complaints, and defense and assertion of claims by the Service Provider.

9.3. Detailed information about the processing of personal data, including the rights of data subjects, is available in the Privacy Policy.

10. AUTHORITIES AND RESPONSIBILITIES of THE SERVICE PROVIDER

10.1. Shaping, development and maintenance of the System are the exclusive rights of the Service Provider. In particular, the Service Provider is entitled to temporarily limit and remove particular functionalities of the System.

10.2. The service provider is not responsible for:

10.2.1. Interruptions in the functioning of the System due to reasons beyond the Service Provider's control,

10.2.2. Interruptions in the operation of the System resulting from causes beyond the control of the Service Provider and constituting force majeure,

10.2.3. Technical problems or difficulties related to the operation of the User's terminal equipment that hinder or prevent the use of the System,

10.2.4. Technical problems or difficulties due to reasons attributable to the Partner, which make it difficult or impossible to use the System,

10.2.5. Damages caused by any User as a result of his violation of the rights of third parties;

10.2.6. Damages incurred by the User in connection with blocking or deletion of his/her Account from the System due to violation of the Terms of Use or generally applicable law.

10.3. The Service Provider is authorized to partially or completely shut down the operation of the System for the purpose of repairing or upgrading the System, and the Service Provider undertakes to minimize the time during which the partial or complete shutdown of the System will occur. In the event of a complete shutdown of the functioning of the System for repair or upgrade, the Service Provider will post a corresponding message on the Site and Application.

11. AMENDMENTS TO THE REGULATIONS

11.1. The Service Provider is entitled to unilaterally amend these Terms and Conditions at any time in the event of the occurrence of any of the following valid reasons:

11.1.1. The need to adapt the Regulations to laws, recommendations, guidelines, orders or prohibitions, rulings, orders, interpretations or decisions of authorized public authorities,

11.1.2. Changes in the scope of services provided by the Service Provider,

11.1.3. Changes to the functionalities available through the System,

11.1.4. Changes in the scope of payment of services provided by the Service Provider,

11.1.5. Changes in the scope or nature of the Service Provider's business,

11.1.6. Changes in the technical conditions for the use of services provided by the Service Provider,

11.1.7. The need to prevent abuse of the services provided by the Service Provider or available on the System,

11.1.8. The need to adapt the Regulations to the best practices related to the provision of services by the Service Provider , including the best practices for the protection of Users' rights,

11.1.9. The need to correct wording that is unclear or questionable, or to correct obvious clerical errors that would possibly occur in the Regulations,

11.1.10. The emergence of new risks or hazards related to the use of the services provided by the Service Provider, change or fall off (leveling off) of such risks or hazards,

11.1.11. Changes to the Service Provider's data, including the company, registered office address, telephone numbers, e-mail addresses, URLs (links/hyperlinks) provided in the Terms of Service.

11.2. The Service Provider informs the User by publishing on the Website at least about:

11.2.1. Content of the planned amendment to the Regulations;

11.2.2. The effective date of the amendment;

11.2.3. Uniform content of the Regulations as amended.

11.3. Amendments to the Terms and Conditions shall be effective as of the date expressly indicated by the Service Provider, after their publication on the Site, for all contracts concluded after that date.

11.4. The Service Provider shall inform Users who have an Account of the amendment of the Terms and Conditions by e-mail, to the e-mail address indicated within the Account. The User shall be deemed to have consented to the new content of the Terms and Conditions if, within 14 days from the date of informing about the amendment of the Terms and Conditions, in the manner indicated in this section, he or she has not deleted the Account in the manner specified in Section 5 of the Terms and Conditions.

12. FINAL PROVISIONS

12.1. The regulations come into effect on December 1, 2023.

12.2. In matters not regulated in the Regulations, the relevant provisions of law will apply. For the avoidance of doubt, it is assumed that none of the provisions of the Regulations limits the User's rights that he is entitled to under the provisions of the law in force on the territory of the Republic of Poland. In the event of the existence of a provision of this nature, the provisions of the applicable law shall be absolutely applicable.

12.3. Disputes arising from the Regulations, which could not be resolved between Users and the Service Provider by amicable means, will be settled by the competent common court.