TERMS AND CONDITIONS OF THE TAP STAMP APPLICATION

Table of Contents

• General Provisions

• Definitions

• General Cooperation Rules

• Technical Requirements

• Conclusion of the Agreement and Provision of the Application

• License

• Use of the Application by the Service Recipient

• Trial Period

• Remuneration and Settlements

• Pricelist

• Support

• Marketing Cooperation

• Termination of the Agreement

• Discontinuation of the Application

• Liability

• Personal Data Processing

• Contact Between the Parties

• Amendments to the Terms and Conditions

• Final Provisions

§ 1. General Provisions

1. These terms and conditions (hereinafter: the "Terms and Conditions") set out the rules and conditions for the use by the Service Recipient of the "Tap-stamp" application, used for the operation of loyalty programs based on digital discount cards (hereinafter: the "Application").

2. The Terms and Conditions constitute terms and conditions referred to in Article 8 of the Act of 18 July 2002 on the Provision of Electronic Services.

3. The owner of the Application is Tap Stamp – ul.Goszczyńskiego 3/103, 30-724 Kraków, Poland, conducting business activity referred to in Article 5(1) of the Act of 6 March 2018 – Entrepreneurs' Law (hereinafter: the "Service Provider").

4. The Service Provider may be contacted via:

   1. email – at: info@tap-stamp.com;

   2. telephone – at: +48518438392.

5. The information available in the Application constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Act of 23 April 1964 – Civil Code (hereinafter: the "Civil Code").

§ 2. Definitions

1. The capitalized terms used in the Terms and Conditions that have not been otherwise defined in the Terms and Conditions shall have the following meanings:

   1. Pricelist – a document or information specifying the current amount of the Service Provider's remuneration;

   2. Subscription Period – the period of use of the Application for which the Service Recipient is obliged to pay remuneration. The length of available Subscription Periods is specified in the Pricelist;

   3. Service Recipient's Panel – a panel in the Application's IT system enabling the Service Recipient to manage the Application;

   4. Data Processing Annex – a document setting out the rules and conditions for the processing by the Service Provider of personal data entrusted to it;

   5. Force Majeure – a sudden event independent of the will of the Parties, the occurrence of which the Parties could not have foreseen even with due diligence, in particular: warfare, mass riots, natural disasters, the introduction by state authorities of martial law, state of emergency, state of natural disaster or state of epidemic, as well as related prohibitions and orders;

   6. Parties – the Service Provider and the Service Recipient;

   7. Agreement – an agreement under which the Service Provider undertakes to provide the Application to the Service Recipient, and the Service Recipient undertakes to pay remuneration to the Service Provider;

   8. Service Recipient – a person who has concluded an Agreement with the Service Provider or has taken steps to conclude such an Agreement;

   9. Participant – a person who is a participant in the loyalty program operated by the Service Recipient.

2. The capitalized terms used in the Terms and Conditions that have not been defined in section 1 above shall have the meaning assigned to them in the body of the Terms and Conditions.

§ 3. General Cooperation Rules

1. The Parties undertake to cooperate and perform their obligations with due diligence.

2. Each Party undertakes to care for the reputation of the other Party and not to take any actions that may cause its infringement.

3. The Parties undertake to cooperate with each other to the extent necessary for the proper performance of the Agreement, in particular to promptly inform the other Party of the occurrence of events that may affect the performance of the Agreement.

4. In the event that actions on behalf of the Service Recipient (in particular the conclusion of the Agreement) are performed by a natural person, the performance of such an action shall be equivalent to a declaration by such natural person that they are authorized to represent the Service Recipient. The Service Provider is entitled to request from such natural person evidence of their authorization to represent the Service Recipient, in particular a power of attorney or an extract from the relevant register. In the event of performing an action on behalf of the Service Recipient despite the lack of authorization to represent it, the natural person performing such action shall bear the liability provided for in the provisions of the Civil Code.

5. The same Service Recipient may have only one Service Recipient's Panel within the Application.

§ 4. Technical Requirements

1. The Service Provider declares, and the Service Recipient acknowledges, that the proper use of the Application requires the Service Recipient to meet the following technical requirements:

   1. access to the Internet;

   2. possession of devices enabling the use of Internet resources;

   3. possession of an active email account.

2. The conclusion of the Agreement by the Service Recipient shall be equivalent to a declaration by the Service Recipient that they meet all the technical requirements specified in section 1 above.

3. The Service Provider shall not be liable for difficulties or inability to use the Application resulting from the Service Recipient's failure to meet all the technical requirements specified in section 1 above.

§ 5. Conclusion of the Agreement and Provision of the Application

1. If the Service Recipient wishes to establish cooperation with the Service Provider, the Service Recipient should contact the Service Provider by email or in another manner.

2. After agreeing on the terms of cooperation, the Service Provider shall provide the Service Recipient with the Terms and Conditions and the draft Agreement by email. The Terms and Conditions constitute an integral part of the Agreement.

3. The provisions of the Terms and Conditions shall bind the Parties in their entirety, unless a specific provision of the Agreement provides otherwise. In the event of irreconcilable discrepancies between the provisions of the Terms and Conditions and the provisions of the Agreement, the provisions of the Agreement shall apply.

4. The conclusion of the Agreement may take place, in particular:

   1. via an online signature certification platform selected by both Parties;

   2. through the exchange between the Parties of electronic copies (scans) of the Agreement, each of which has been hand-signed by one of the Parties;

   3. through the hand-signing of the Agreement in paper form by representatives of both Parties;

   4. through the submission by the Service Recipient of a declaration of acceptance of the terms of cooperation set out in the Agreement and the Terms and Conditions by email.

5. The Agreement shall also be deemed concluded when, despite not having been concluded in the manner specified in section 3 above, the Service Recipient has commenced using the Application made available to them by the Service Provider.

6. Before concluding the Agreement, the Service Recipient is obliged to read the Terms and Conditions and their annexes.

7. The Agreement is concluded for an indefinite period, unless a specific provision of the Agreement provides otherwise.

8. The conclusion of the Agreement shall be equivalent to a declaration by the Service Recipient that the Agreement is of a professional nature for them and is closely related to the subject of the business activity they conduct.

9. After the conclusion of the Agreement, the Service Provider shall provide the Application to the Service Recipient together with a PIN code enabling access to the Service Recipient's Panel within the Application.

10. The Service Recipient may configure the Application independently or use a free, one-hour online consultation with the Service Provider for this purpose. For further support in configuring the Application, the Service Provider may charge remuneration.

§ 6. License

1. Upon making the Application available to the Service Recipient, the Service Provider grants the Service Recipient a license to use the Application (hereinafter: the "License").

2. The License is non-exclusive.

3. The License is granted only for the term of the Agreement.

4. The Service Recipient may exercise the rights arising from the License only in the territory of Poland.

5. The License authorizes the Service Recipient to use the Application only for purposes consistent with its intended use.

6. The use of the Application by the Service Recipient in a manner exceeding the scope of the License is prohibited. In particular, it is prohibited to make any changes to the source code of the Application.

7. The granting of the License shall in no way affect the economic copyrights of the Service Provider to the Application, including the possibility of their exercise by the Service Provider on its own account.

§ 7. Use of the Application by the Service Recipient

1. After gaining access to the Application, the Service Recipient may issue digital loyalty cards through it, which may be saved by Participants on their accounts within the Google Wallet and Apple Wallet services.

2. The use of a loyalty card does not require the Participant to install the Application.

3. Within the Application, the Service Recipient may use the functionality of measuring metrics regarding the number of issued cards and rewards.

4. Through the Application, the Service Recipient may customize a poster with a QR code, which they will place at their premises.

5. The Service Recipient bears full responsibility for the loyalty program operated by them, in particular for determining its rules and conditions.

6. The Service Recipient may make available to the Participant the rules of the loyalty program established by them and the information about personal data processing required by law. The Service Recipient bears full responsibility for the content of the above-mentioned documents and their compliance with generally applicable laws.

7. In relations with Participants, the Service Recipient is obliged to comply with generally applicable laws (in particular the provisions of the Civil Code, the Consumer Rights Act, and the Act on the Provision of Electronic Services) and to fulfill the obligations arising therefrom, including information obligations.

§ 8. Trial Period

1. The Service Recipient has the right to use the Application free of charge during a trial period (hereinafter: the "Trial Period").

2. The Trial Period lasts 3 (three) months.

3. Within 3 (three) days from the end of the Trial Period, the Service Recipient is obliged to inform the Service Provider of the decision made regarding:

   1. continued paid use of the Application; or

   2. resignation from using the Application.

4. The Service Recipient shall inform the Service Provider of the decision made by email.

5. In the event that the Service Recipient decides:

   1. to continue paid use of the Application – the first Subscription Period shall commence on the date of informing the Service Provider of the decision made, and the Agreement shall be extended for an indefinite period;

   2. to resign from using the Application – the Service Provider shall promptly suspend the provision of the Application to the Service Recipient, and the Agreement shall be automatically terminated.

6. In the event that the Service Recipient fails to make any of the decisions specified in section 3 above, the Service Recipient shall be deemed to have resigned from further use of the Application upon expiration of the deadline for making the decision specified in section 3 above.

§ 9. Remuneration and Settlements

1. The Service Provider is entitled to remuneration for each Subscription Period during which the Service Recipient had access to the Application and could use it in accordance with its intended use.

2. The remuneration is due to the Service Provider for each commenced Subscription Period and is independent of whether the Service Recipient actually used the Application during that Subscription Period.

3. The amount of remuneration for 1 (one) Subscription Period is specified in the Pricelist.

4. The remuneration for a given Subscription Period is payable in advance, by the 3rd (third) day of the given Subscription Period.

5. The Service Recipient may pay the remuneration via the payment system made available in the Application.

6. The date of payment of the remuneration shall be deemed to be the day of its crediting to the Service Provider's bank account.

7. In the event of the Service Recipient's delay in payment of the remuneration, the Service Provider shall be entitled to statutory interest for late payment in commercial transactions, referred to in the Act of 8 March 2013 on Counteracting Excessive Delays in Commercial Transactions.

8. Notwithstanding section 7 above, the Service Provider is entitled to suspend the provision of the Application to the Service Recipient until all outstanding monetary obligations have been settled.

§ 10. Pricelist

1. The current Pricelist is available at: https://www.tap-stamp.com/cennik.

2. The Service Provider may amend the Pricelist at any time.

3. An amendment to the Pricelist shall take effect from the first Subscription Period commenced after the entry into force of the Pricelist amendment.

4. An amendment to the Pricelist shall in no way affect the amount of the Service Provider's remuneration for the Subscription Period in progress at the time the amendment takes effect.

5. An amendment to the Pricelist does not constitute an amendment to the Terms and Conditions.

§ 11. Support

1. In the event of irregularities in the functioning of the Application, the Service Recipient may use the support provided by the Service Provider.

2. In order to use the support, the Service Recipient should submit to the Service Provider a notification (hereinafter: the "Notification") containing:

   1. a description of the observed irregularities;

   2. the date of occurrence of the irregularities;

   3. the circumstances of occurrence of the irregularities.

3. The Notification is submitted by email.

4. After receiving the Notification, the Service Provider shall analyze it in detail and then inform the Service Recipient of the actions necessary to remove the irregularities and the planned date for their removal.

5. In the event that the Notification is incomplete, the Service Provider may request the Service Recipient to supplement it.

6. In the event that the irregularities resulted in complete inability to use the Application in accordance with its intended use, the Service Provider may reduce the remuneration proportionally to the number of days during which the irregularities persisted.

§ 12. Marketing Cooperation

1. Upon the conclusion of the Agreement, the Service Recipient consents to the use by the Service Provider, for informational and promotional purposes, of:

   1. information about the cooperation established between the Parties on the basis of the Agreement;

   2. the name, logo, and trademark of the Service Recipient.

2. The Service Provider may use the content indicated in section 1 above in the following manner:

   1. publish it on the Service Provider's website and social media;

   2. include it in press publications (both in print and electronic press);

   3. include it in presentations and promotional materials presented during public events and made available to the Service Provider's clients.

3. After the termination of the Agreement, the Service Provider is not obliged to remove from its website and social media materials containing the content referred to in section 1 above, which were published during the term of the Agreement.

§ 13. Termination of the Agreement

1. Each Party may terminate the Agreement upon a 1 (one) month notice period. In the event that the end of the notice period falls during a Subscription Period, the Agreement shall terminate at the end of that Subscription Period.

2. Termination of the Agreement does not release the Service Recipient from the obligation to pay remuneration for Subscription Periods falling within the notice period.

3. The Service Provider may terminate the Agreement with immediate effect (without observing the notice period) in the event of:

   1. a breach of the Terms and Conditions by the Service Recipient and the failure to remedy such breach despite a request from the Service Provider and the setting of a 7 (seven) day deadline for this purpose;

   2. a delay by the Service Recipient in payment of the remuneration exceeding 10 (ten) days.

4. Termination of the Agreement requires the submission of a declaration of termination to the other Party. The declaration referred to in the preceding sentence requires documentary form under pain of nullity.

5. Promptly after the termination of the Agreement takes effect, the Service Provider shall suspend the provision of the Application to the Service Recipient.

§ 14. Discontinuation of the Application

1. The Service Provider is entitled to discontinue providing the Application at any time, without giving reasons.

2. In the event of a decision to discontinue providing the Application, the Service Provider is obliged to notify the Service Recipient by email.

3. The Service Provider may discontinue providing the Application to the Service Recipient no earlier than 30 (thirty) days from the date of the notification referred to in section 2 above.

4. During the period referred to in section 3 above, the Service Recipient is entitled to download the data stored in the Application or transfer it to another tool. After the expiry of the above-mentioned period, the Service Recipient's data shall be deleted from the Application.

5. In the event that the end of the Subscription Period purchased by the Service Recipient falls after the end of the period referred to in section 3 above, the Service Provider shall refund to the Service Recipient the portion of the remuneration corresponding to the unused part of the Subscription Period.

§ 15. Liability

1. The Service Provider shall not be liable for damages incurred by the Service Recipient in connection with the use of the Application, which arose as a result of:

   1. Force Majeure;

   2. actions of the Service Recipient, the Participant, or a third party for whom the Service Provider is not responsible;

   3. use of the Application in a manner inconsistent with the Terms and Conditions.

2. Any compensatory liability of the Service Provider towards the Service Recipient is limited to the amount equivalent to the Service Provider's remuneration for a six-month Subscription Period and covers only damages in the form of actual loss.

3. The Service Provider's liability towards the Service Recipient for damages in the form of lost profits is entirely excluded.

§ 16. Personal Data Processing

1. Information on the processing of personal data by the Service Provider is contained in the Privacy Policy, constituting Annex No. 1 to the Terms and Conditions.

2. The rules and conditions for the entrustment by the Service Recipient to the Service Provider of personal data processing are set out in the Data Processing Annex, constituting Annex No. 2 to the Terms and Conditions.

§ 17. Contact Between the Parties

1. All information, documents, materials, requests, notifications, and declarations submitted to the other Party, for which the Terms and Conditions, the Agreement, or generally applicable laws do not require written form under pain of nullity, may be transmitted to the other Party in electronic form, by email.

2. The data and email addresses of persons authorized to conduct contact on behalf of the Parties in the manner specified in section 1 above are set out in the Agreement.

3. A message sent by email shall be deemed delivered on the day it is received in the Service Recipient's email inbox.

4. Documents, materials, requests, notifications, and declarations submitted to the other Party for which the Terms and Conditions, the Agreement, or generally applicable laws require written form under pain of nullity shall be delivered by each Party to the other Party by registered mail with acknowledgment of receipt to the postal address indicated in the Agreement.

5. The mail referred to in section 4 above shall be deemed delivered on the day of its receipt by the Party or its representative, and in the event of failure to collect the mail – on the day of the first delivery attempt.

6. In the event of a change in contact details referred to in sections 2 and 4 above, the Party that made the change is obliged to promptly notify the other Party and provide them with current details. In the absence of the notification referred to in the preceding sentence, messages sent to the previous contact details shall be deemed effectively delivered. A change in contact details referred to in sections 2 and 4 above does not require an amendment to the Agreement.

§ 18. Amendments to the Terms and Conditions

1. The Service Provider may amend the Terms and Conditions in the event of:

   1. a change in the Service Provider's details;

   2. a change in the Service Provider's business scope;

   3. a change in the Service Provider's business model;

   4. a technical modification of the Application requiring the adaptation of the provisions of the Terms and Conditions;

   5. a legal obligation to make changes, including the obligation to adapt the Terms and Conditions to the current legal status.

2. The Service Provider is obliged to inform the Service Recipient of the amendment to the Terms and Conditions no later than 10 (ten) days before the changes take effect by sending the amended Terms and Conditions in electronic form to the Service Recipient's email address.

3. Within 7 (seven) days from the date of the Service Provider's notification of the amendment to the Terms and Conditions, the Service Recipient is obliged to submit a declaration of acceptance of the amendment to the Terms and Conditions or of termination of the Agreement. Failure by the Service Recipient to submit any of the above-mentioned declarations within the deadline specified in this section 3 shall be deemed a declaration by the Service Recipient of acceptance of the amendment to the Terms and Conditions.

4. A Service Recipient who does not agree to the amendment to the Terms and Conditions may terminate the Agreement upon a one-month notice period. The provisions of § 13 of the Terms and Conditions shall apply accordingly to the termination of the Agreement in the manner specified in this section 4.

§ 19. Final Provisions

1. In the event of a dispute arising from the performance, non-performance, or improper performance of the provisions of the Terms and Conditions or the Agreement, the court competent to resolve it shall be the common court having local jurisdiction over the Service Provider.

2. The following Annexes constitute integral parts of the Terms and Conditions:

   1. Annex No. 1 – Privacy Policy;

   2. Annex No. 2 – Data Processing Annex.

3. The Application uses icons from www.flaticon.com. Detailed information regarding the icons referred to in the preceding sentence is available at: https://www.flaticon.com/free-icons/quality.

4. The current version of the Terms and Conditions is effective as of 1 January 2025.