TERMS AND CONDITIONS OF THE APIPAY WEBSITE
www.apipay.pl
of: July 28, 2020

MPOS APIPAY TERMS AND CONDITIONS (below)
of: July 28, 2020

TABLE OF APIPAY FEES (click)
on: March 3, 2020

The content of the Regulations of the apipay Website

1. DEFINITIONS

1.1. The following capitalized terms used in the Regulations have the meaning assigned to them below:

1.2. “Apipay” means the company apipay Limited Liability Company with its registered office in Warsaw (03-741 Warszawa), ul. Białostocka 22 lok. H 11, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under the number KRS 0000800904 (NIP: 1133002613).

1.3. “Settlement Agent” means a bank or other financial organization designated by apipay, having the status of a settlement agent within the meaning of the Payment Services Act, with which the User concluded a separate agreement via apipay, e.g. for the provision of services enabling the execution of payment transactions made with the use of instruments such as Payment instruments (pursuant to, for example, 2 section 10 of the Act on Payment Services), including a payment card (pursuant to Article 2 section 15a of the Act on Payment Services);

1.4. “Accessories” – devices offered by apipay that are not the apipay mPOS Device itself, e.g. a printer, charger etc.

1.5. “Apipay mPOS Application” or “apipay mPOS Application Integration Version” means an element of the Software enabling the User to use the offered functionality of accepting payments by payment card as part of the mPOS apipay Solution; for the avoidance of doubt, “apipay mPOS Application” also means “apipay mPOS Application Integration Version”.

1.6. “Business Day” means any day other than Saturdays, Sundays or public holidays.

1.7. “Guest” means any visitor to the apipay Website.

1.8. “Password” means a string of alphanumeric characters that is necessary for the User to gain access to the Account and which is set by the User himself during Registration or by changing the current Password.

1.9. “Card” means a payment card – an instrument used by the User to execute the Transaction. The list of Cards supported as part of the Service is available in a separate agreement with the Settlement Agent.

1.10. “Account” means a set of services and functions available to the User after registering and logging in to apipay Online or the apipay Store, as well as a collection of User’s data and settings related to the operation of the apipay Website that require logging in.

1.11. “Civil Code” Act of 23 April 1964 Civil Code (Journal of Laws of 2014, item 121).

1.12. “Login” means a sequence of alphanumeric characters, which is the individual identifier of the User, determined by him himself during Registration to the apipay Website and necessary to gain access to the User Account. The login must be identical to the User’s e-mail address indicated in the registration process to the apipay Website.

1.13. “Software” means the entire software provided to the User for use by apipay, which consists of the firmware of the apipay Device, the apipay mPOS Application, and the apipay mPOS Application, Integration Version.

1.14. “Apipay Online Platform” or “apipay Online” means the part of the apipay Website available only to registered
and logged in Users, enabling the ongoing support of services provided by apipay to the User.

1.15. “Carrier” means any entity through which apipay delivers Devices to Users.

1.16. “Card Regulations” means the rules, regulations, regulations, operational procedures issued by any Payment Card Organization, the Card of which is honored by the User on the basis of an agreement with a Settlement Agent. Card Regulations may be changed, renewed, harmonized or supplemented from time to time;

1.17. “MPOS apipay Service Regulations” means separate regulations regarding the provision of Services by apipay.

1.18. “Registration” means a one-time operation of a new User, consisting in creating an Account, made using the form available on the apipay Website.

1.19. The “mPOS apipay solution” means a technological solution that enables payment cards to be made with the use of mobile devices (tablet, smartphone). The integral elements of the Solution are the mPOS apipay device and the Software.

1.20. “Apipay Website” or “Website” means the website run by apipay available at: www.apipay.pl, through which apipay conducts business activities, including in particular commercial information or offers, sells Devices and by means of which it provides different kind of service. The apipay Website consists of apipay Online, the apipay Store, and the generally accessible information and marketing part.

1.21. “Apipay store” a separate part of the Inter website apipay net, enabling the customer to join the services, select and purchase devices offered by apipay.

1.22. “Sale of Devices” means the sale of Devices by apipay to the User as a result of concluding the Agreement.

1.23. “Table of Fees” means a list of fees related to the apipay Services and the operation of Devices, which the User undertakes to pay at the time of concluding the Agreement, constituting an appendix to these Regulations and the Regulations of the mPOS apipay Service.

1.24. “Transaction” means a cashless payment operation made using the User’s mPOS Card and Solution.

1.25. “Agreement” means an agreement concluded by the User and apipay, specifying the conditions for the sale of Devices and the Services provided by apipay.

1.26. “Devices” means products in physical form (things) that are sold by apipay to Users via the apipay Store, including in particular the mPOS apipay Device and Accessories.

1.27. “MPOS apipay device” – a device with a built-in numeric keypad, which, using the Software installed on the mPOS apipay device and tablet or smartphone, allows you to accept Card payments for the User. The mPOS apipay device meets the applicable requirements for certification of Payment Cards for this type of Devices.

1.28. “User” means any entity that concludes a contract with apipay via the apipay Website, which is an entrepreneur performing a legal transaction directly related to its business or professional activity.

1.29. “Apipay Services” means services provided by apipay on the basis of the Agreement and the Regulations of Services, in particular the mPOS apipay Service.

1.30. “MPOS apipay service” a service provided by apipay to entrepreneurs consisting in providing mPOS apipay and apipay Online solutions.

2. GENERAL PROVISIONS

2.1. These Regulations define:
2.1.1. basic principles of operation of the apipay Website;
2.1.2. basic rights and obligations of the Guests and Users of the apipay Website;
2.1.3. apipay’s rights and obligations related to the use of the apipay Website;
2.1.4. the rules and method of Registration on the apipay Website;
2.1.5. the rules and method of concluding the Agreement with apipay, with the proviso that the content of the Agreement specifies the method of its termination;
2.1.6. the rights and obligations of the parties related to the Sale of Devices, as well as the rules for complaints about Devices and the rules for the User’s withdrawal from the Agreement for the Sale of one or more Devices.

2.2. apipay operates in the field of:
2.2.1. provision of the mPOS apipay service that allows for the implementation of card payments using mobile devices (tablet, smartphone);
2.2.2. maintaining the IT infrastructure enabling the User to make Transactions with the participation of the Settlement Agent, including the apipay Software and Website;
2.2.3. sale through the apipay Store to Users of Devices necessary or useful for the acceptance of this type of payment, meeting the requirements of the Payment Card Organization in the scope of the necessary certification;
2.2.4. intermediation in concluding contracts with the Settlement Agent, enabling the settlement of Transactions;
2.2.5. offering other services and solutions for business clients, in cooperation with apipay partners.

2.3. Apipay may carry out other informational, commercial or advertising activities via the apipay Website.

2.4. For the avoidance of doubt, apipay does not sell Devices to consumer entities within the meaning of Art. 22 [1] of the Act of April 23, 1964 – Civil Code.

2.5. By accepting the Regulations, the User undertakes to comply with them, in particular to use the apipay Website in a manner consistent with the provisions of the Regulations.

2.6. The Regulations are an integral part of every agreement between apipay and the User, the subject of which is the sale of Devices or the provision of apipay services. The Regulations constitute a standard contract referred to in Art. 384 of the Civil Code.

2.7. By accepting the Regulations, the User declares and confirms that:
2.7.1. he / she has read all the terms and conditions of cooperation, resulting from the regulations, agreements and policies (including the Privacy Policy available at www.apipay.pl) that were presented to him, including the terms of these regulations, meets the conditions set out therein, accepts them and undertakes to comply with them;
2.7.2. all information and data that apipay will ever provide will be up-to-date and accurate;
2.7.3. will immediately notify apipay of any changes to its data made available on the apipay Website.

2.8. The Regulations can be obtained, saved and reproduced at any time by printing it, saving it on a suitable medium or downloading it in PDF format and saving it in the memory of a computer or other device. The Regulations are available at the internet address: www.apipay.pl. You can download a free PDF viewer from the website: www.get.adobe.com/reader/.

2.9. Information about Devices provided on the apipay Website, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.

2.10. The use of any templates of contracts other than Apipay, in particular regulations, templates of contracts, general terms and conditions of contracts, is excluded in relation to Apipay, unless Apipay decided otherwise in writing under pain of nullity. Third party contract templates do not apply to Apipay, even if Apipay has not explicitly objected to such standard contracts.

3. GENERAL RULES FOR THE USE OF THE APIPAY WEBSITE

3.1. The owner and administrator of the apipay Website is apipay.

3.2. Each Guest may view the information contained on the apipay Website free of charge to the extent available to Guests, including viewing information on the Devices sold by apipay and the apipay Services provided.

3.3. Each User has access to a wider range of information, and also has the right to access their data related to the contract, regarding address data, transaction history, sales volume, devices supported by the application via the administration panel available after logging in to the Account.

3.4. The information presented on the apipay Website allows you to obtain general information about apipay Devices and Services. Apipay, however, stipulates that any additional and accurate information may be provided to Users during individual arrangements and discussions.

3.5. All materials, in particular graphic elements, layout and composition of these elements, trademarks and other information available on the apipay Website are subject to the copyrights of apipay or entities cooperating with apipay. The indicated elements are subject to proprietary copyrights, industrial property rights, including rights from trademark registration, and enjoy statutory legal protection.

3.6. Apipay posting information on the Website, apipay makes every effort to verify the accuracy and truthfulness of the content made available to it by entities cooperating with it.

3.7. Apipay reserves the right to temporarily or completely disable the operation of the apipay Website in order to improve it, add services or perform maintenance. Apipay makes every technical and IT effort to ensure that any disruptions in the operation of the apipay Website last as short as possible and are the least invasive for Users. Temporary or total shutdown of the apipay Website operation does not constitute improper performance of the Agreement and cannot be the basis of any apipay liability.

3.8. In order for the Guest or User to be able to use the basic functionalities of the apipay Website, it is necessary for them to have appropriate technical infrastructure in the form of electronic devices (e.g. personal computer, laptop, tablet, smartphone) and software enabling access to the Internet and browsing its resources. For the proper functioning of the apipay Website on the part of the User, it is also required to enable JavaScript and to activate cookies. The User and Visitor of the apipay Website should check on their own whether the device they use to access the apipay Website meets the necessary technical requirements.

3.9. The User using the apipay Website should also have an active e-mail box.

3.10. The basic means of communication with Users is the Internet, including in particular electronic mail. Any questions, objections and doubts regarding the functioning of the apipay Website, the Website Regulations or the rights and obligations of Guests, Users or apipay related to the use of the apipay Website, Sale of Devices, Users and Guests can report via e-mail via the e-mail address: help @ apipay.pl. Responses will be provided by apipay without undue delay also via e-mail to the e-mail address from which the message from the Guest or User was sent.

3.11. Using the apipay Website may be associated with threats typical of using the Internet, such as spam, viruses, and hacker attacks. Apipay takes steps to counteract these threats. Apipay indicates that the public nature of the Internet and the use of electronic services may entail the risk of obtaining or modifying Users’ data by unauthorized persons, therefore Users should use appropriate technical measures to minimize the above-mentioned risks, including anti-virus and identity protection programs. using the Internet.

3.12. The costs of using the above-mentioned means of distance communication are borne by the Guest or the User, respectively. Such fees are calculated according to the rates of the telecommunications operator whose services are used by the Guest or User.

4. USER REGISTRATION

4.1. Using the apipay Website with an Account enables the purchase of Devices and access to a number of functionalities that are not available without the use of the Account. Creating an Account is necessary to start providing apipay Services.

4.2. Registration activities may only be performed by persons authorized to represent the User in accordance with applicable law.

4.3. The Guest may register on the apipay Website by completing the registration form located on the apipay Website. The following events take place in the Registration process and immediately after it:
4.3.1. registration of the Guest on the apipay Website;
4.3.2. acceptance by the Guest of these Regulations;
4.3.3. acceptance by the Guest of the mPOS apipay Service Regulations;
4.3.4. acceptance of the Privacy Policy by the Guest;
4.3.5. conclusion of the Agreement with apipay;
4.3.6. sale of Devices and their delivery;
4.3.7. transferring the User’s data to the Settlement Agent in order to conclude a separate agreement with the Settlement Agent on the terms specified in the Regulations of the mPOS apipay Service;
4.3.8. conclusion of a separate agreement with the Settlement Agent on the terms specified in the Regulations of the mPOS apipay Service.

4.4. In addition to the information provided during the Registration, apipay is entitled to obtain additional information or information from external sources available in accordance with the law, if necessary according to apipay or the Settlement Agent, for the proper performance of the Agreement, compliance with legal requirements and assessment of operational and financial risk.

4.5. The User is obliged to protect the Password and Login against their use by unauthorized persons. In order to ensure security, the User may change his Password at any time after logging in to the Account.

4.6. If the User does not remember the Password or intends to change the Password, he can recover it by ordering an activation e-mail (by entering the e-mail address provided in the registration process), after receiving an activation e-mail with a link to the page for setting a new password for the account.

4.7. Immediately after successful Registration, the User will be provided with the Agreement with apipay, the content of which the User accepts by selecting in the appropriate place his consent to conclude the Agreement. The Agreement may be recorded by the User by printing it, saving it on a suitable medium or downloading it in PDF format and saving it in the memory of a computer or other device.

5. SALE OF DEVICES

5.1. Provisions of Art. 5 to 9 apply to the Sale of Devices in the apipay Store. Apipay allows the purchase of Devices from entities other than apipay that cooperate with apipay; in this case, the rules for the sale of Devices, their use by the User, warranty and possible withdrawal from sales contracts will be regulated in a separate agreement between the seller of the Devices and the User.

5.2. The sale of Devices may only take place for the benefit of the User after registering on the apipay Website and setting up an individual Account, as well as after the User accepts the Agreement.

5.3. Detailed information about the Devices, in particular their description, technical and performance parameters and prices, are available on the apipay Website for individual Devices. The prices are given in Polish zlotys and are net prices with the indicated amount of tax on goods and services (VAT).

5.4. In order to purchase Devices and services provided by apipay, the User undertakes further technical steps based on the messages and instructions displayed on the apipay Website.

5.5. At the time of purchasing the Devices, it is necessary for the User to provide data enabling apipay to sell the Devices and provide apipay Services. The User acknowledges that at least some data may constitute the User’s personal data as an entrepreneur and / or persons representing the User.

5.6. apipay declares that it is the owner of the Device delivered to the User.

5.7. apipay undertakes to deliver the Device to the User in accordance with the provisions of this Art. 5, and the User undertakes to pay the sale price of the Device.

5.8. The Agreement for the sale of Devices is concluded upon the conclusion of the Agreement, however, apipay has the right to suspend the shipment of the Device to the user until the full payment for the Device is made.

5.9. apipay declares that the System Software is an integral and inseparable part of the Devices, and together with the Application constitute the entire Software, without which they cannot perform their functions. Accordingly, the Price of the Device includes the fee for granting the Software License.

5.10. The date of delivery of the Devices does not exceed 5 Business Days from the date of payment by the User for the Device.

5.11. Devices are delivered by Carriers selected by apipay. The delivery fee defined in the Table of Fees applies to standard shipments, i.e. shipments up to 5 kg, delivered at the earliest on the next day from purchase, without defining the collection hours.
If a non-standard delivery is required, apipay reserves the right to agree a non-standard fee with the User.

5.12. When collecting the parcel with the Device, the User should check the parcel, in particular its packaging. In the event of damage to the shipment or the packaging itself, the User may refuse to collect the shipment and should ask the Carrier to draw up a report.

5.13. The risk of damage or loss of the Device shall be transferred to the User upon its receipt from the Carrier.

5.14. In the event that the User refuses to collect the parcel with the Device, apipay will contact the User to determine the reasons for the refusal to collect the parcel and, according to the information received, it will deliver the parcel again or cause it to be returned to apipay.

5.15. If the parcel is returned to apipay, the price for the Devices included in the parcel will be reimbursed within 14 Business Days from the date of accepting the return of the Device to the apipay warehouse to the User’s bank account or to the account of the Card used to purchase the Device.

5.16. If, for reasons beyond the control of apipay, it is not possible to determine the bank account number to which the payment is to be refunded, apipay will immediately contact the User by e-mail or by phone in order to establish the bank account number. In such a case, the 14-day period starts to run from the day on which the User indicated the bank account number for the reimbursement of the payment.

5.17. In the cases referred to in Art. 5.15 and 5.16 The Agreement will expire upon the return of the Device to apipay’s warehouse.

5.18. For all orders placed via apipay Online, the application of Art. 68 [2] of the Civil Code (the so-called tacit acceptance of the offer).

6. PAYMENTS

6.1. The User undertakes to pay the price for the Devices, while the available payment methods for the Devices are specified in detail in the apipay Store.

6.2. Apipay provides the User with a proof of payment of the price for the Device in the form of an invoice. The invoice is each time issued in accordance with applicable law, using the appropriate data identifying the User as an entrepreneur, provided by him on the apipay Website.

6.3. The invoice for the sale of the Device may be delivered either electronically or with the delivery of the Device.

6.4. The User declares that he agrees to receive invoices in electronic form.

6.5. Electronic invoices are delivered to the User via e-mail.

7. GENERAL RULES FOR USING THE DEVICES

7.1. The User undertakes to use the Device in a manner consistent with its intended use and properties, and only and exclusively together with the apipay Software.

7.2. The User is not entitled to make the Device available on any legal basis to any third party for the purposes of accepting payments by that entity, with the exception of the User’s employees and contractors accepting payments on their behalf and on their behalf.

7.3. The User is not allowed to disassemble, disassemble, reconstruct (e.g. by adding or disconnecting components), as well as to modernize and repair the Devices on their own accord, under pain of losing the warranty.

8. COMPLAINTS AND EQUIPMENT QUALITY GUARANTEE

8.1. In the event of malfunction of the Devices, through no fault of the User and resulting from defects or faults of the Device, apipay will accept the Devices for repair or replace them with new ones, in accordance with the warranty conditions described in this Art. 8.

8.2. Apipay provides the User with a guarantee for the proper operation of the Device.

8.3. The provisions of this Art. 8 are a sufficient warranty certificate and do not require an additional document confirming warranty rights. The warranty of the offered Devices is valid in Poland.

8.4. The warranty period for the Device is 12 months from the date of purchase of the Device.

8.5. Apipay’s warranty liability is limited only to defects arising from causes inherent in the Device.

8.6. Apipay does not guarantee or represent that the Device and the Software will operate uninterruptedly, without programming errors, and does not ensure the correct verification of the Cardholder or the signature associated with it.

8.7. Apipay’s liability under the warranty shall be excluded in the event of any of the situations indicated below, which describe the use of the Device by the User inconsistent with the Agreement:
8.7.1. using the Device in a manner inconsistent with its intended use;
8.7.2. using the Device in a manner inconsistent with the provisions of this Agreement;
8.7.3. use of the Device by persons unauthorized by apipay;
8.7.4. mechanical damage due to the fault of the User;
8.7.5. installation of the Software inconsistent or in a manner inconsistent with the guidelines indicated by apipay;
8.7.6. repair by an entity not indicated by apipay;
8.7.7. modification of the Device or Software;
8.7.8. powering the Device in a manner inconsistent with the guidelines indicated by apipay;
8.7.9. connecting the Device to devices other than those allowed by apipay;
8.7.10. damage, breach, change or removal of seals on the Device, which may indicate that the Device has been opened;
8.7.11. the serial number of the Device has been changed or removed;
8.7.12. sale or sub-license of the Device by the User to a third party;
8.7.13. sublicense the Software;
8.7.14. in other cases indicated in the Agreement, which indicate the use of the Device in a manner inconsistent with its provisions.

8.8. The warranty for the Devices does not cover:
8.8.1. repair of damage resulting from the use of non-standard consumables;
8.8.2. repair of damage resulting from improper storage, use and maintenance of the Device;
8.8.3. repair of damage resulting from a short circuit in the User’s electrical system or resulting from a power outage;
8.8.4. damage resulting from the action of Force Majeure, natural disasters;
8.8.5. devices and spare parts not supplied by apipay;
8.8.6. software that is not indicated by the User;
8.8.7. install and update the Software indicated by the User;
8.8.8. changes to the Device and Software that are not required by apipay;
8.8.9. damage resulting from the use of Devices in a place other than the one agreed by the User with apipay;
8.8.10. other circumstances mentioned in this Agreement.

8.9. If any defects of the Device are revealed during the warranty period, the Device will be replaced with a new one.

8.10. Complaints should be submitted via the User’s administration panel at apipay Onli-ne.

8.11. After submitting the complaint, the User is obliged to deliver the Device to apipay at his own expense along with the proof of purchase, i.e. a VAT invoice.

8.12. When submitting a complaint, the User will indicate (by recording in the User’s administration panel in apipay Online) the reason for its submission and the exact address to which apipay will return the Device.

8.13. apipay will consider the complaint within 14 Business Days from the date of submitting the complaint and determine its cause. If the complaint is considered in favor of the User, apipay will replace the advertised Device with a new, fully-fledged device within 28 days from the date of receipt of the complaint. If the complaint is considered to the detriment of the User, apipay will inform the User about the cost of repairing or replacing the Device and will send a request to the User regarding further handling of the Device. The User, within 14 days of sending the inquiry mentioned in the previous sentence by apipay, will send apipay in writing a decision on further treatment of the Device. In this case, the cost of repair or replacement of the Device and its shipment are covered by the User.

8.14. Apipay undertakes to send a new or repaired Device to the place indicated by the User when submitting the complaint.

8.15. The quality guarantee described in this Art. 8 is the sole and exclusive remedy of the User in the scope of apipay’s liability for proper operation
481/5000
Devices. The parties hereby exclude apipay’s liability under the warranty for physical defects of the Device.

8.16. Apipay reserves the right to reinstall the Software and change the cryptographic access key to the Software during the Technical and maintenance services.

8.17. If it is necessary to change the cryptographic key due to the User’s fault, not covered by the device warranty, apipay has the right to charge the User with fees in accordance with the Table of Fees.

9. WITHDRAWAL FROM THE AGREEMENT CONCERNING THE SALE OF EQUIPMENT

9.1. The User may withdraw from the contract of sale of the Device within 30 days from the date of activation of the Device.

9.2. The User may also withdraw from the Agreement for the sale of the Device within 30 days from the date on which he was notified of the Settlement Agent’s refusal to conclude a separate Agreement with the User with the Settlement Agent, in the manner and on the terms specified in the Regulations of the mPOS apipay Service.

9.3. Withdrawal from the contract for the sale of the Device takes place by submitting a written declaration of withdrawal by the User addressed to apipay to the company’s registered office address.

9.4. Before submitting a declaration of withdrawal from the contract of sale of the Device, the User may use the Device to the extent necessary to establish its nature, characteristics and functioning, which will allow the User to make a decision to withdraw from the contract. In connection with the withdrawal from the contract, the User is responsible only for the reduction in the value of the Device resulting from the use of the Device in a different way than indicated above.

9.5. In the event of withdrawal from the contract of sale of the Device, the User shall return the Apipay Device immediately, and in any case not later than within 14 days from the date on which apipay was informed about the withdrawal from the contract. The deadline will be met if the User returns the Device within 14 days from the date on which he informed apipay about the withdrawal from the contract.

9.6. In the event of withdrawal from the contract of sale of the Device, the User may return the Apipay Device by sending the Device to the address of apipay; in this case, the costs of returning the Device are covered by the User.

9.7. In the event of withdrawal from the sales contract of all Devices purchased by the User (purchased directly from apipay or a partner cooperating with apipay), the Agreement concluded between apipay and the User will expire upon the return of the last Device by the User to apipay. If there has been a prior conclusion of an agreement between the User and the Settlement Agent, such agreement will remain in force and may be terminated on the terms set out therein.

10. PRIVACY POLICY

10.1. Apipay makes every effort to ensure that the use of the apipay Website is convenient and safe for Users, and moreover, apipay protects Users’ privacy guided by responsibility and reliability and observing the requirements set out in applicable law.

10.2. The rules for the processing of Users’ personal data, as well as the purposes and rules of using cookies on the apipay Website are contained in the Privacy Policy available at www.apipay.pl.

11. DISCLAIMERS AND LIABILITY

11.1. In order to ensure the proper functioning of the apipay Website, apipay reserves that the User may not:
11.1.1. post illegal or offensive content on the apipay Website (e.g. in product reviews or comments); and
11.1.2. take actions that may cause disruption or damage to the apipay Website or violate the rights of third parties.

11.2. Neither the User nor the Guest may provide illegal content.

11.3. The content posted by apipay on the apipay Website, including in particular trademarks and other distinguishing signs, are subject to intellectual property rights of apipay or other entities. Using them in any way other than for the purpose of the Transaction, including in particular copying or distribution, requires the prior consent of apipay or another authorized entity.

11.4. Apipay is not responsible for interruptions or errors in the functioning or availability of the apipay Website caused by reasons beyond the control of apipay, which, with due diligence, apipay will not be able to predict or prevent, listed below:
11.4.1. technical reasons attributable to the User, including in particular failures of the devices used by the User and any errors in the software used by the User to use the apipay Website;
11.4.2. planned activities related to the current maintenance of the apipay Website to the extent necessary to carry them out;
11.4.3. reasons attributable to external service providers provided to apipay or the User;
11.4.4. attacks on a computer system or network service, including in particular DoS (Denial of Service), DDoS (Distributed Denial of Service) or Brute Force;
11.4.5. reasons resulting from server failures.

11.5. In each case of unavailability of the apipay Website, apipay will take all necessary steps to restore the availability of the Website in the shortest possible time.

11.6. The User undertakes to use the apipay Website in accordance with these Regulations, and in particular will not use the apipay Website:
11.6.1. in a way that violates or circumvents the law or the provisions of the Regulations;
11.6.2. in a way that disrupts the integrity of the apipay Website or its individual functions;

11.7. Apipay hereby excludes its liability under the warranty for physical and legal defects in relation to the delivered components of the Software and Devices, including in terms of property rights, integrity of goods, commercial value, fitness for a particular purpose, absence of viruses, accuracy or completeness of responses, results, lack of diligence, appropriate supervision or professionalism, uninterrupted use, undisturbed possession and compliance with the description.

11.8. Apipay is not responsible for non-performance or improper performance of any of its obligations if it is caused by an event beyond Apipaya’s control, i.e. fire, flood, explosion, natural disaster, act of terror, war, riot, and epidemic (“Force Majeure”). The event directory is not closed. In the event of non-performance or improper performance of its obligations caused by Force Majeure, Apipay has the right to withdraw (in whole or in part) from any concluded contract if the Force Majeure event lasts longer than a month. The declaration of withdrawal should be submitted in a documentary form (e.g. email, scan), no later than within 1 month from the expiry of the above-mentioned the period of 1 month of Force Majeure operation.

12. CHANGES TO THE REGULATIONS

12.1. In order for Users to be able to quickly and easily familiarize themselves with the content of the Regulations, it has been made available on the apipay Website in a form that allows it to be displayed, downloaded, saved and printed.

12.2. Apipay reserves the right to amend the Regulations in accordance with the rules set out in this chapter.

12.3. In the event of a change to the Regulations, the new content of the Regulations will be published on the apipay Website at the latest on the effective date of such change.

13. FINAL PROVISIONS

13.1. Any disputes between apipay and the User will be settled by a common court having jurisdiction in accordance with the provisions of the Code of Civil Procedure.

13.2. In matters not covered by the Regulations, generally applicable provisions of Polish law shall apply, in particular the Civil Code and other laws.

The content of the mPOS apipay Service Regulations

1. DEFINITIONS

1.1. All terms beginning with capital letters used in the content of these Regulations of the mPOS Apipay Service (“Regulations”) have the meaning assigned to them in the Regulations of the www.apipay.pl Website (“Website Regulations”), unless they have been expressly given a different meaning in the content of these Regulations.

2. GENERAL PROVISIONS

2. GENERAL PROVISIONS

2.1. These Regulations define:
2.1.1. the rules of providing and using the Software by the User;
2.1.2. rules for the provision of Apipay Services related to the operation of the mPOS Solution, and;
2.1.3. rules for reporting and resolving complaints related to Apipay Services;
2.1.4. basic rules for concluding contracts with the Settlement Agent.
2.2. Apipay is active in the following areas:
2.2.1. provision of the mPOS Apipay service that allows for the implementation of card payments using mobile devices (tablet, smartphone)
2.2.2. maintaining the IT infrastructure enabling the User to make Transactions with the participation of the Billing Agent, including the Apipay Software and Website;
2.2.3. sale through the Apipay Store to Users of Devices necessary or useful for the acceptance of this type of payment, meeting the requirements of the Payment Card Organization in the scope of the necessary certification;
2.2.4. intermediation in concluding contracts with the Settlement Agent, enabling the settlement of Transactions;
2.2.5. offering other services and solutions for business clients, in cooperation with Apipay partners.

2.3. For the avoidance of doubt, Apipay does not provide Apipay Services to consumer entities within the meaning of Art. 22 [1] of the Act of April 23, 1964 – Civil Code.

2.4. The basic means of communication with Users is the Internet, including in particular electronic mail. All questions, reservations and legal doubts regarding the Regulations or the rights and obligations of the parties related to Apipay Services may be reported by the Users via e-mail to the following e-mail address: biuro@apipay.pl. Responses will be provided by Apipay without undue delay also via e-mail to the e-mail address from which the message was sent.

2.5. The costs of using the above-mentioned by the User means of distance communication are borne by the User. Such fees are calculated according to the rates of the telecommunications operator whose services are used by the User.

2.6. By accepting the Regulations, the User undertakes to comply with them, in particular to use the Apipay Services in a manner consistent with the provisions of these Regulations.

2.7. The Regulations are an integral part of every contract between Apipay and the User, the subject of which is the sale of Devices and the provision of Apipay services. The Regulations constitute a standard contract referred to in Art. 384 of the Civil Code.

2.8. By accepting the Regulations, the User declares and confirms that:
2.8.1. he has read all the terms and conditions of cooperation resulting from the regulations, agreements and policies that have been presented to him, including the terms of these regulations, meets the conditions set out therein, accepts them and undertakes to comply with them;
2.8.2. will use the Apipay Services only for the purposes of accepting payments, under the terms of a separate agreement with the Settlement Agent;
2.8.3. will follow all instructions given by Apipay in any form in connection with the security of Cards or Transactions, User data and the consistency of the Software and Devices;
2.8.4. all information and data Apipay has provided or will ever provide will be up-to-date and correct;
2.8.5. will promptly notify Apipay and the Billing Agent of any changes to its details;

2.9. The Regulations can be downloaded, saved and reproduced at any time by printing it, saving it on a suitable medium or downloading it in PDF format and saving it in the memory of a computer or other device. The Regulations are available at the internet address: www.apipay.pl. You can download a free PDF viewer from the website: www.get.adobe.com/reader/.

2.10. The use of any contract templates other than Apipay, in particular regulations, templates of contracts, general contract conditions, is excluded in relation to Apipay, unless Apipay decided otherwise in writing under pain of nullity. Third party contract templates do not apply to Apipay, even if Apipay has not explicitly objected to such standard contracts.

3. BASIC RULES FOR PROVIDING APIPAY SERVICES

3.1. Apipay undertakes to provide the User, on the terms specified in these Regulations, with the Services consisting of:
3.1.1. granting the User the right of a non-exclusive license to use the Software, including the mPOS Apipay Application for the execution of mPOS Transactions using the mPOS Apipay Device;
3.1.2. providing the User with the possibility of using the functionality of the technical infrastructure belonging to Apipay used to execute the Transaction with the participation of the Settlement Agent, including the mPOS Apipay Solution, to the extent necessary to ensure the execution of the Transaction using the Device (mPOS Apipay Service);
3.1.3. providing technical and maintenance services necessary to ensure the proper functioning of the Software and Devices.
3.1.4. providing other services covered by the Agreement or these Regulations;

3.2. Apipay may provide the User with additional services regarding:
3.2.1. delivery of Devices to the User and warranty repairs of Devices to the extent specified in art. 8.10 of the Website Regulations;
3.2.2. charging cryptographic keys within the scope specified in art. 8.18 of the Website Regulations;
3.2.3. User access to libraries (API) of the “Apipay mPOS” application in order to integrate Plat-form with the User’s ICT system on separately agreed terms;
3.2.4. access to specific functionalities of the Apipay Solution in the scope described in the Table of Fees;
3.2.5. preparing reports on the mPOS Apipay Service, including generating transaction history, providing information on historical transactions for former clients without access to Apipay Online,
3.2.6. training on the User’s use of the mPOS Apipay Software and Solution;
3.2.7. other services related to payment services, including issuing duplicate invoices, delivering invoices in paper form.

3.3. The services referred to in Art. 3.2 above, Apipay provides for a separate remuneration specified in the Table of Fees.

3.4. The User acknowledges that some or all of the services provided by Apipay may constitute services provided electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services.

3.5. Apipay declares that it is not an entity providing payment services within the meaning of the Payment Services Act of August 19, 2011 (Journal of Laws 2011.199.1175), therefore, none of the apipay Services provided under the Agreement may constitute and should not be perceived as participation of Apipay in the processes of providing a payment service, which are performed only through the Settlement Agent on the basis of a separate agreement concluded with the User.

3.6. The User acknowledges that the scope of services provided by Apipay may change. In the event of the provision of services not regulated by the Agreement or these Regulations or the need to conclude additional agreements or submit other data in order to start the implementation of the additional offer, Apipay will inform the User about these requirements, who will read the offer and accept it in good faith.

3.7. In order to provide the Services, Apipay will provide the User with the Software, including the mPOS Apipay Application or the Apipay mPOS Integration Version Application. The Apipay mPOS application is available for free self-download from the Google Play website (Play Store), or – in the case of the Apipay mPOS Application, Integration Version – from another location indicated to the user by Apipay.

3.8. In order for the User to use the Apipay Services, including the mPOS Apipay Application Software or the Apipay mPOS mPOS Application Integration version, it is necessary for the User to have appropriate technical infrastructure in the form of electronic devices (e.g. server, personal computer, laptop, tablet, smartphone) and software, enabling access to the Internet and browsing its resources. For the proper functioning of the Apipay Services, including the mPOS Apipay Application Software on the User’s side, it is also required to enable JavaScript and to activate the use of “cookies”. In the case of the Apipay mPOS Application Integration version, it is required to comply with the rules and conditions described in the documentation provided by Apipay at the User’s request. The user should check on his own whether the device he is using meets the above necessary technical requirements.

3.9. The performance by Apipay of all obligations related to the provision of Services under the Agreement and these Regulations will be carried out with care, taking into account the professional nature of Apipay’s business.

3.10. Apipay services are provided for the period of time specified in the Agreement. The agreement also specifies the terms of termination of the Apipay Services.

4. SOFTWARE LICENSE

4.1. Apipay declares that it has exclusive proprietary copyrights to the Software, including the mPOS Apipay Application, and the documentation related to them. System software for the Device is delivered along with the mPOS Apipay Device.

4.2. Apipay ensures that the Software is not encumbered with any third party rights or claims.

4.3. Apipay hereby grants the User a non-exclusive and territorially unlimited right to use the Software in cooperation with the Devices by installing them on the User’s devices, saving electronic devices and displaying the User’s devices on the screen.

4.4. Subject to the content of Art. 75 sec. 2 and 3 of the Act of February 4, 1994 on copyright and related rights (Journal of Laws No. 24, item 83, as amended), the User may not, without the express consent of Apipay:
4.4.1. permanently or temporarily reproduce the Software in whole or in part;
4.4.2. translate, modify, adapt, rearrange or make any other changes to the Software, including to correct errors;
4.4.3. use the Software in a service area other than that declared as your business;
4.4.4. use the Software in a geographic area other than that declared as your country of residence.

4.5. The user is not entitled to sub-license to third parties. The software may not be rented, leased or lent by the User to third parties, or transferred for use on the basis of actual or legal actions to any person.

4.6. The right to use the Software (license) was granted for the term of the Agreement.

4.7. For the avoidance of doubt, Apipay does not grant the User any rights related to trademarks, logos and other markings used by Apipay.

5. BASIC RULES OF USING THE SOFTWARE

5.1. The User undertakes not to use technical means (including computer programs) the only purpose of which is to facilitate the unauthorized removal or circumvention of the technical security measures of the Software or the mPOS Apipay Solution.

5.2. The User is obliged to cooperate with Apipay to the extent necessary to protect the copyrights to the Software.

5.3. The User agrees for Apipay to make changes and updates to the Software and to provide other technical services necessary for the proper functioning of the Apipay Services and to cooperate with Apipay by installing the updates and ceasing to use the previous versions of the Software.

6. USER OBLIGATIONS RELATING TO THE USE OF APIPAY SERVICES

6.1. In connection with the use of Apipay Services referred to in art. 3.1 above, the User:
6.1.1. undertakes not to attempt to circumvent the security of the mPOS Apipay Solution or to gain access to the source code of the Software;
6.1.2. is obliged to keep confidential any passwords or other security information in relation to the Software;
6.1.3. is obliged to properly apply security and all user IDs, passwords and other security devices used in connection with the use of the Software and the mPOS Apipay Solution (including changing passwords on a regular basis) and must take all necessary steps to ensure that they are confidential, secure , used properly and not disclosed to unauthorized persons;
6.1.4. obliged to inform Apipay immediately if there is any reason to believe that the Login, Password or other security device issued by Apipay is or may become known to an unauthorized person or may be used in an unauthorized way.

6.2. The User will immediately notify Apipay in the event of any disruption, damage or defect in the Devices and / or Software.

6.3. Apipay reserves the right to suspend the provision of the mPOS Apipay Service if at any time Apipay determines that there has been or may be a breach of the security of the mPOS Apipay Software or Solution, until such threat is removed. Suspension of the provision of the mPOS Service in the case specified above may not constitute the basis for any liability of Apipay.

6.4. Apipay reserves the right (at its sole discretion) to require the User to immediately change some or all of the passwords used by the User in connection with the Apipay Services provided; in the event that Apipay submits such a request, the User will be obliged to perform such exchange immediately, under pain of suspending the provision of Apipay Services.

6.5. In connection with the use of the Apipay Services referred to in 3.1.2, the User:
6.5.1. is obliged to accept payments only in accordance with the Card Regulations. The parties may also be obliged to amend this Agreement in connection with changes in the Card Regulations;
6.5.2. cannot use the Apipay Services in a dishonest or confusing manner for the User’s clients for whom Transactions are made;
6.5.3. may not charge Customers an additional fee for making Transactions by the User using mPOS Apipay Services;
6.5.4. cannot use the mPOS Apipay Service to accept Transactions with debit or credit cards held by the User;
6.5.5. may not act as a payment intermediary, payment aggregator or payment service (except for payments accepted by the supplier / seller of goods / services for goods or services offered by the User), or otherwise make unlawful payment processing.

7. RULES FOR CONCLUDING AGREEMENTS WITH A BILLING AGENT

7.1. A prerequisite for the commencement of the implementation of the full agreed scope of Apipay Services, obtaining the full functionality of the Software and the possibility of making Transactions is the User’s prior conclusion of an agreement with the Settlement Agent indicated by Apipay regarding the provision of a payment service enabling the execution of payment transactions, in particular regarding authorization and processing. sending payment orders, including providing the data required to conclude a contract with the Settlement Agent.

7.2. Apipay is not a party to an agreement with the Settlement Agent, but only acts as an agent of the Settlement Agent and takes steps to conclude an agreement with the Settlement Agent. Apipay declares that it is a registered agent of the Settlement Agent within the meaning of Visa and MasterCard Card Organizations.

7.3. The following art. 7.3 to 7.7 relate to the process of preparing an agreement with a Settlement Agent using the functionality of the Apipay website. In justified cases, Apipay may offer the User an individual method of preparing a contract with the Settlement Agent.

7.4. Immediately after accepting the Agreement with Apipay, the User provides Apipay with the data necessary to conclude an agreement with the Settlement Agent by completing the registration form available on the Apipay Website.

7.5. At the latest on the next business day after the User completes the contract form with the Settlement Agent, Apipay shall verify the completeness of the data necessary to prepare the contract with the Settlement Agent. If deficiencies are identified, the User contacts the User by phone or by e-mail with a request to supplement the deficiencies or provide correct information. After obtaining this data, Apipay will correct or complete the registration form for the User.

7.6. After the correct verification of the contract with the Settlement Agent, the contract will be sent for signature by the User in the manner chosen by Apipay. If it is necessary to complete the data contained in the contract with the Settlement Agent, the User is obliged to complete such data before signing the contract.

7.7. After Apipay receives a correctly signed agreement with the Settlement Agent by the User, the agreement is transferred to the Settlement Agent.

7.8. Immediately after receiving relevant information from the Billing Agent, Apipay will notify the User on behalf of the Billing Agent about the decision to conclude an agreement between the User and the Billing Agent. The information will be provided via the Apipay Website and will be available to the User after logging into Apipay Online.

7.9. The agreement between the User and the Settlement Agent is concluded when the User is provided with information about the consent to conclude an agreement with the User by the Settlement Agent. A copy of the contract signed by the Billing Agent will be immediately delivered to the User in the manner chosen by the Billing Agent.

7.10. The User acknowledges that the Settlement Agent may refuse to conclude an agreement with a given User. In this case:
7.10.1. no contract will be concluded between the User and the Settlement Agent;
7.10.2. Apipay will not be able to provide the Apipay Services to such User and therefore the Agreement between the User and Apipay will expire on the terms set out in the Agreement;
7.10.3. the provisions of the Regulations of the Apipay Website will apply to Devices purchased from Apipay by the User.

7.11. In the event of termination of the agreement with the Billing Agent by the Billing Agent or the User, Apipay reserves the right to terminate the Agreement. In this case, Apipay has the right to refrain from providing Apipay Services from the moment of termination of the contract between the User and the Settlement Agent.

8. PAYMENTS

8.1. The User undertakes to make payments for Apipay Services in accordance with the Table of Fees, constituting an appendix to these Regulations.

8.2. All fees indicated in the Table of Fees are given in Polish zlotys and are net amounts that will be increased by the amount of tax on goods and services (VAT) due.

8.3. The User will make Payments for Apipay Services on the basis of VAT invoices issued by Apipay, on the dates indicated on such invoices.

8.4. The method of making the payment will be indicated each time on the Apipay Website. The User may make payments for Apipay Services in any way indicated on the Apipay Website.

8.5. Apipay provides the User with an accounting proof of payment for the Apipay Services and for their delivery in the form of an invoice. The invoice is each time issued in accordance with applicable law, using the appropriate data identifying the User as an entrepreneur, provided by him on the Apipay Website.

8.6. Acceptance of the Regulations means that the User has consented to receive invoices in electronic form.

8.7. Electronic invoices are delivered to the User via e-mail to the address indicated in Apipay Online. Information about issued invoices is also available on the Apipay Website after the User logs in to Apipay Online.

8.8. The User has the right to request a paper invoice for a separate fee specified in the Table of Fees.

8.9. Apipay has the right to suspend the provision of Apipay Services to the User until all payments due to Apipay are settled by the User. Suspension of the provision of the Apipay Service for the above reason cannot be considered improperly performed Agreements and cannot constitute the basis for any liability of Apipay.

9. TECHNICAL REQUIREMENTS FOR ELECTRONIC DEVICES NECESSARY FOR COOPERATION WITH THE APIPAY PLATFORM

9.1. The User is obliged to provide and maintain, at his own expense, a mobile device necessary to use mPOS Devices and Software, and to conclude the necessary contracts for the provision of telecommunications services, allowing for data transmission in order to provide Apipay Services.

9.2. Apipay does not guarantee that the Apipay Services will be compatible with the User’s mobile device. technical requirements for the User’s devices that can be used to use individual Apipay Services are available on the Apipay Website at [www.apipay.pl].

10. COMPLAINTS REGARDING APIPAY AND BILLING AGENT

10.1. The rules for complaints about the services provided by the Settlement Agent are regulated in a separate agreement concluded between the User and the Settlement Agent and will be settled on the terms indicated therein. Apipay shall not be liable to the User for non-performance or improper performance of obligations related to complaints regarding services provided by the Settlement Agent.

10.2. Apipay undertakes to exercise due diligence to ensure the highest quality of Apipay Services in accordance with the principles set out in the Website Regulations and these Regulations.

10.3. The User may submit a complaint to apipay if he finds that the Apipay Services are defective or not in accordance with the Agreement.

10.4. The User may submit a complaint statement of his choice:
10.4.1. by sending a complaint via e-mail to the following address: reklamacja@apipay.pl; or
10.4.2. by sending a complaint via the contact form available at www.apipay.pl.

10.5. In the event of submitting a complaint by e-mail (in the manner indicated in Article 10.4.1 above), the User will receive an e-mail confirmation of the submission of the complaint by e-mail immediately after its receipt by apipay.

10.6. Apipay will respond to the User’s complaint as soon as possible, but not longer than 14 days.

10.7. Apipay will inform the User about the settlement of the complaint via e-mail to the address indicated by the User in the declaration on submitting the complaint delivered to apipay.

10.8. If the complaint turns out to be justified, Apipay shall bear the costs of the complaint.

10.9. In the course of considering the complaint, Apipay may contact the User via e-mail or by phone.

11. PRIVACY POLICY

11.1. Apipay makes every effort to ensure that the use of the Apipay Services is convenient and safe for Users, moreover, Apipay protects Users’ privacy guided by responsibility and integrity and observing the requirements set out in applicable law.

11.2. The rules for the processing of Users’ personal data, both provided to Apipay and the Settlement Agent, as well as the purposes and rules of using cookies on the Apipay Website are contained in the Privacy Policy available at www.apipay.pl.

12. DISCLAIMERS AND LIABILITY

12.1. The content posted by Apipay in the Software, in particular trademarks and other distinguishing signs, are subject to intellectual property rights of apipay or other entities. Using them in any way other than for the purpose of the Transaction, including in particular copying or distribution, requires the prior consent of Apipay or another authorized entity.

12.2. Apipay is not responsible for interruptions or errors in the functioning or availability of the mPOS apipay Solution caused by reasons beyond the control of apipay, which, with due diligence, apipay will not be able to predict or prevent, listed below (representing risks related to the User’s use of Apipay services provided electronically):
12.2.1. technical reasons attributable to the User, including, in particular, failures of devices used by the User and any errors in the software used by the User to use the mPOS Apipay Service;
12.2.2. planned activities related to the current maintenance of the mPOS Apipay solution to the extent necessary to carry them out;
12.2.3. reasons attributable to external service providers provided to Apipay or the User;
12.2.4. attacks on a computer system or apipay network service, including in particular DoS (De-nial of Service), DDoS (Distributed Denial of Service) or Brute Force;
12.2.5. reasons resulting from server failures;
12.2.6. loss of passwords by the User enabling the use of apipay Services;
12.2.7. the action of malicious software (viruses, maleware, etc.);
12.2.8. no User’s access to the Internet.

12.3. In any case of unavailability of the Apipay Services, Apipay will take all necessary steps to restore it as soon as possible.

12.4. The User undertakes to use the Apipay Services in accordance with the Regulations, including, in particular, not to use the apipay Services provided with the mPOS Apipay Solution:
12.4.1. in a way that violates or circumvents the law or the provisions of the Regulations;
12.4.2. in a way that interferes with the integrity of the mPOS Apipay Solution or their individual functions;
12.4.3. in a way that causes the User to provide illegal content.

12.5. You hereby acknowledge and agree that the Software is provided to You “as is” and that the Software is computer software and as such may contain errors that are not known to Apipay, or that are impossible to exclude or fully removal. In the event of any defect that prevents or hinders the User from using it within the scope specified in these Regulations, Apipay will exercise due diligence to remove it no later than within 14 (fourteen) Business Days from the date of its notification to Apipay. In the case of defects that cannot be removed within this period, Apipay is obliged to remove the defects as soon as possible, about which the User will be informed.

12.6. The User hereby acknowledges that the use of the mPOS Apipay Service may be associated with threats typical for using the Internet, such as spam, viruses, and hacker attacks. Apipay takes steps to counteract these threats. Apipay indicates that the public nature of the Internet and the use of electronic services may entail the risk of obtaining or modifying Users’ data by unauthorized persons, therefore Users should use appropriate technical measures to minimize the above-mentioned risks, including anti-virus and identity protection programs. using the Internet.technical support or the lack of it, within the scope of these Regulations, even when Apipay or any of its suppliers have been notified of the possibility of such damages. subject to the above exclusions, Apipay is liable only for damages committed intentionally.

12.9. Regardless of any damage that the User may suffer for any reason (including, without limitation, any damage mentioned above and any direct or unspecified damage), Apipay’s total liability under the provisions of the Agreement and these Regulations, including any compensation for the User for all the above-mentioned losses are limited to the amount constituting the total value of the net Transactions from the month preceding the damage, made by the User using the mPOS Apipay Service. In the event that the damage occurred in the first month of the Agreement, the limitation of liability is agreed by the Parties at the amount of the actual turnover during the term of the Agreement. The foregoing limitations, exclusions and waivers will apply to the fullest extent permitted by applicable law, even if the damages do not compensate for the harm suffered. For the avoidance of any doubts, the limitation of liability referred to in this provision does not apply to cases of causing damage caused by willful misconduct.

12.10. Apipay is not responsible for non-performance or improper performance of any of its obligations if it is caused by an event beyond Apipaya’s control, i.e. fire, flood, explosion, natural disaster, act of terror, war, riot, and epidemic (“Force Majeure”). The event directory is not closed. In the event of non-performance or improper performance of its obligations due to Force Majeure, Apipay has the right to withdraw (in whole or in part) from any concluded contract if the Force Majeure event lasts longer than 1 month. The declaration of withdrawal should be submitted in a documentary form (e.g. email, scan), no later than within one month of the expiry of the above-mentioned the period of 1 month of Force Majeure operation.

12.7. The parties hereby exclude Apipay’s liability under the warranty for physical and legal defects in relation to the delivered components of the Software and Devices, including in terms of property rights, integrity of goods, commercial value, fitness for a specific purpose, absence of viruses, accuracy or completeness of responses, results, lack of diligence, appropriate supervision or professionalism, uninterrupted use, undisturbed possession and compliance with the description

12.8. To the fullest extent permitted by applicable law, Apipay and its suppliers will in no event be liable for any damages (including, without limitation, lost profits, business losses, loss of confidential or other business-related information, business interruption). activity, personal injury, breach of privacy, failure to fulfill obligations (whether in good faith or with reasonable endeavors), lack of care and financial and other damages), arising from or in any way related to the use or inability to use the ingredients,

13. CHANGES TO THE REGULATIONS

13.1. In order for Users to be able to quickly and easily familiarize themselves with the content of these Regulations, it has been made available on the Apipay Website in a form that allows it to be displayed, downloaded, saved and printed.

13.2. Apipay reserves the right to amend these Regulations in accordance with the rules set out in this chapter.

13.3. In the event of a change to the Regulations, the new content of the Regulations will be published on the Apipay Website at the latest on the effective date of such change.

13.4. Information about the amendment to these Regulations, along with a reference to the new content of the Regulations and the date of its entry into force, will be sent to Users.

14. FINAL PROVISIONS

14.1. Any disputes between Apipay and the User will be settled by a common court having jurisdiction in accordance with the provisions of the Code of Civil Procedure.

14.2. In matters not covered by the Regulations, generally applicable provisions of Polish law shall apply, in particular the Civil Code and other laws.

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