Terms of Use for the Hypris Application

§ 1.
General Provisions

1. These Terms of Use (hereinafter: the "Terms") set out the rules and conditions for the use of the Application and the services provided by the Service Provider.

2. The Application is a platform used for managing business processes, projects, customers and communication.

3. The Terms constitute the regulations referred to in Article 8 of the Polish Act of 18 July 2002 on Providing Services by Electronic Means (the "Act on Providing Services by Electronic Means").

4. The Service Provider is CASH 4 PHONE sp. z o.o. with its registered office in Warsaw, ul. Sarmacka 22/34, 09 972 Warsaw, entered in 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 KRS number: 0000662980, REGON: 36654262500000, NIP: 9512429343, share capital: PLN 5,000 (hereinafter: the "Service Provider").

5. Contact with the Service Provider is possible by e mail at: contact@hypris.com.

6. The Application is a professional tool supporting the conduct of business activity and the services provided by the Service Provider are not addressed to consumers.

7. Prior to commencing use of the Application, the Customer and the User are obliged to read these Terms and the Privacy Policy.

8. These Terms set out the rules of the Subscription, the provision of other Services by the Service Provider and define the rights and obligations of the Parties, unless otherwise provided in an individually concluded Implementation Agreement.

9. The Service Provider offers two methods of providing the Services:

   1. in a model including full implementation at the Customer together with the conclusion of an Implementation Agreement – in such a case the rights and obligations of the Parties are governed by these Terms and by the Implementation Agreement, which may regulate certain issues differently from the provisions of the Terms (hereinafter: the "Enterprise Model");

   2. in a model including the conclusion of an Agreement for Use of the Application under the general provisions of the Terms only, without an Implementation Agreement (hereinafter: the "SaaS Model").
      
      

§ 2.
Definitions

The capitalised terms used in these Terms shall have the following meanings:

1. Application – the responsive "HYPRIS" application operating at the Internet address https://web.hypris.com/, used for managing business processes, projects, customers and communication;

2. Price List – a document or information specifying the current prices of Subscription plans and additional packages, available at: https://hypris.com/pl/cennik. The Service Provider may change the Price List at any time;

3. Business Days – means a day from Monday to Friday, between 8:00 and 16:00, CET/CEST time;

4. Civil Code – the Polish Act of 23 April 1964 – Civil Code;

5. Account – a panel created in the Application’s IT system that enables the Customer to use its functionalities;

6. Login – an individual and unique e mail address which is the unique identifier of the Customer and of particular Users in the Application;

7. Subscription Fee – the fee paid by the Customer in advance in consideration of the Subscription (within the selected plan/variant) and the Services, determined in accordance with the Price List;

8. Subscription – the right to use the Application granted for consideration by the Service Provider to the Customer under the rules set out in the Terms (and, where applicable, in the Implementation Agreement), covering access to the functionalities of the Application for one User (one Subscription – one User). The Subscription is granted for a monthly period, calculated according to the calendar settlement period, and is automatically renewed for subsequent monthly periods. The Subscription expires upon the effective termination, in any manner, of the Implementation Agreement or the Agreement for Use of the Application;

9. Implementation Agreement – an agreement under which the Application has been implemented at the Customer, which agreement constitutes the basis for using the functionalities of the Application and the Services in the Enterprise Model;

10. Agreement for Use of the Application – a contract for the supply of a digital service under which the Service Provider enables the Customer to use the functionalities of the Application and the Services in the SaaS Model;

11. Privacy Policy – the document containing information on the processing of Customers’ personal data by the Service Provider;

12. Terms – the terms as defined in § 1 section 1 of the Terms;

13. Customer’s Content – all data (including personal data), electronic files, information and materials recorded by the Customer and the Users in the Account;

14. Data Processing Agreement – an agreement setting out the rules and conditions under which the Customer (acting as controller of personal data) entrusts the Service Provider (acting as processor) with the processing of personal data (other than personal data of the Customer itself or its representatives) in connection with the Customer’s use of the Services and the Application;

15. Customer – an Ordering Party being an Entrepreneur who has concluded an Implementation Agreement – using the Application and the Services (Enterprise Model) or a client using the Application, being an Entrepreneur, who concludes with the Service Provider an Agreement for Use of the Application under the Terms (SaaS Model);

16. Act on Providing Services by Electronic Means – the term defined in § 1 section 3 of the Terms;

17. User – a person logging into the Application by providing an identifier that creates a session. The identifier concerns persons logged into the Application in any manner. One person logged into the Application multiple times constitutes multiple Users (creates multiple sessions). The maximum number of Users is equal to the maximum number of sessions to the Application created at one time. A User may be an employee of the Customer or an employee of a third party company. The number of Users is limited by the number of purchased Subscriptions;

18. Services – the use by the Customer of the Application on a Subscription basis together with accompanying services;

19. Service Provider – the term defined in § 1 section 4 of the Terms;

20. Ordering Party – a party to the Implementation Agreement, in the case of the provision of Services in the Enterprise Model, at whose premises the Implementation is carried out;

21. Contractor – a party to the Implementation Agreement, in the case of the provision of Services in the Enterprise Model – this is the Service Provider.
    
    

§ 3.
Technical Requirements and Security

1. In order to correctly use the Services provided by the Service Provider via the Application, it is necessary, jointly:

   1. to have a connection to the Internet;

   2. to have devices allowing the use of Internet resources;

   3. to use up to date and properly configured versions of the following web browsers: Chrome on devices with Android and on desktop devices, Safari on Apple mobile devices, with Chrome recommended on desktop devices;

   4. to use a web browser that enables the display on the device screen of hypertext documents linked on the Internet by the WWW service and that supports the JavaScript programming language and accepts cookies;

   5. to have an active e mail account.

2. Within the Application it is prohibited for Customers to use viruses, bots, worms or other computer codes, files or programs (in particular scripts and applications automating processes or other codes, files or tools).

3. The Service Provider informs that it uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organisational and technical measures, in particular to prevent third party access to data, including by using SSL/TLS encryption, access passwords and antivirus or anti malware software.

4. The Service Provider informs that despite the safeguards referred to in section 3 above, using the Internet and services provided electronically may be at risk of harmful software entering the Customer’s ICT system and device or of third parties obtaining access to data located on that device. In order to minimise such risk, the Service Provider recommends using antivirus programs and tools protecting identification in the Internet.
   
   

§ 4.
General Rules for Using the Services

1. Use of the Application is against payment (except where the Price List provides for a free plan), in accordance with the Price List. The Service Provider reserves the right to introduce, in the future, additional optional functionalities or services that may be available upon payment of an additional fee. The Service Provider shall inform the Customer in advance of any change involving the introduction of paid functionalities.

2. The Customer is not entitled to interfere with the content, form or source code of the Application. Any interference with the aforementioned elements entitles the Service Provider to terminate the Implementation Agreement or the Agreement for Use of the Application with immediate effect, without notice, and constitutes a material breach of the Terms.

3. On the basis of the Implementation Agreement or the Agreement for Use of the Application and under the Subscription and the Subscription Fee, the Service Provider enables the Customer to use the Application on an end device (the Service Provider does not provide the end device).

4. The scope of Services accompanying the Subscription includes:

   1. configuration of the Application by uploading the Customer’s data into the Application system (remote configuration by the Service Provider’s consultant) – only in the Enterprise Model;

   2. access to updates and new versions of the Application;

   3. hosting of the Application in a cloud environment with appropriate parameters;

   4. online training in the use of the Application (automatic online tutorial);

   5. ongoing access to the Services.

5. The Service Provider reserves the right, in the event of excessive load on the system caused by the Customer’s actions, to require that the Customer’s data be transferred to dedicated infrastructure. Upon receipt of such information the Customer undertakes to immediately take actions, jointly with the Service Provider, aimed at achieving this objective. If, upon the expiry of 60 days from the date of notification of the Customer, the migration to dedicated infrastructure has not been completed due to circumstances beyond the Service Provider’s control, the Service Provider shall be released from liability for the operation of the Application and shall be entitled to terminate the Implementation Agreement or the Agreement for Use of the Application with immediate effect, without notice.

6. The Customer is obliged to pay the Subscription Fee in accordance with the variant selected under the Price List.

7. The Customer is obliged to use the Services provided by the Service Provider in a manner compliant with the generally applicable laws, the provisions of the Terms and good practices.

8. The Customer using the Services provided by the Service Provider is obliged to provide only data (including personal data) that are consistent with the actual state. The Service Provider shall not be liable for the consequences of the Customer providing untrue or incomplete data.

9. As part of administrative supervision, at the explicit request and with the consent of the Customer, the Service Provider may remotely log into the Customer’s Account, by means of administrator permissions within the Application, for the purpose of diagnosing and resolving a problem with the Application reported by the Customer.

10. As part of the administrative supervision referred to in sections 9 and 10 – the Service Provider may delete or modify the Customer’s Content only with the consent and explicit request of the Customer.

11. Where an activity in the Application is performed by a natural person acting on behalf of a Customer other than a natural person, the performance of such activity is equivalent to a declaration by that natural person that he/she is authorised to represent the Customer. The Service Provider shall be entitled to require such natural person to present proof of his/her authority to represent the Customer, in particular a power of attorney or an extract from the relevant register. Where an activity is performed on behalf of the Customer despite the lack of authority to represent it, the natural person performing such activity shall be liable as provided for in the provisions of the Civil Code.

12. The following shall in particular be deemed to constitute a breach of the Terms:

1. provision by the Customer of content of an unlawful nature;

2. use by the Customer of the Services in a manner inconsistent with their intended purpose;

3. provision by the Customer of untrue or incomplete data;

4. interference with the source code;

5. performance by a natural person of activities on behalf of the Customer despite the lack of authority to represent the Customer.

13. In the event of a breach of the Terms, the Service Provider may call upon the Customer to remedy the breach and set a deadline for this purpose, not shorter than seven (7) days.

14. Failure to remedy the breach referred to in section 13 shall entitle the Service Provider to terminate the Implementation Agreement or the Agreement for Use of the Application with immediate effect, without notice.

15. Any statements, calls, notices and information referred to in the Terms may be communicated by e mail, unless a specific provision of the Terms or of the Implementation Agreement provides otherwise.
    
    

§ 5.
Agreement for Use of the Application

1. In the case of the SaaS Model, under the Agreement for Use of the Application, the Service Provider enables the Customer (within the scope resulting from the selected Subscription Plan in the Price List) to use the functionalities of the Application.

2. In order to conclude the Agreement for Use of the Application, the Customer should perform the following actions:

   1. go to the Application’s website and proceed to the registration form or launch the Application on a mobile device and proceed to the registration form;

   2. in the displayed form, enter the required data;

   3. tick, on a mandatory basis, the check box next to the statement confirming that the Customer has read the Terms and the Privacy Policy and accepts their provisions;

   4. select the specific variant from the Price List;

   5. select the number of Subscriptions;

   6. click the "Register" option.

3. After clicking the "Register" option, an activation link is sent to the e mail address provided by the Customer. After clicking the link, the Customer obtains access to the Account. Clicking on the link sent is equivalent to the conclusion by the Customer of the Agreement for Use of the Application.

4. The Customer gains access to the Application immediately after the conclusion of the Agreement for Use of the Application.

5. The Agreement for Use of the Application is concluded for an indefinite period.

6. Individual provisions of the Terms may provide for additional grounds for termination of the Agreement for Use of the Application, together with the procedure for such termination.
   
   

§ 6.
Implementation Agreement

1. By deciding to use the Services in the Enterprise Model, the Customer concludes an Implementation Agreement with the Service Provider.

2. In the case of the Enterprise Model, the rights and obligations of the Parties are governed by the Implementation Agreement and these Terms.
   
   

§ 7.
Suspension of Access to the Services

1. If the Customer fails to pay the Subscription Fee for the Subscription despite a delay in payment of at least 14 days, the Service Provider shall be entitled, without any additional request to the Customer to pay the amount due, to suspend the Services, including blocking access to the Application, with the possibility of re enabling the Services in the event of settlement of the amount due. If at least 6 months have elapsed since the suspension of the Services, it shall not be possible to restore the Account.

2. Independently of the entitlement referred to above, where the Customer delays payment of the Subscription Fee, the Service Provider may, as from the first day after expiry of the additional deadline for payment, display in the Application, visible for the Administrator Account, a notice informing about the delay in payment of the Subscription Fee and the number of days remaining until the entitlement referred to in section 1 above arises.

3. The Service Provider may terminate the Implementation Agreement or the Agreement for Use of the Application with immediate effect in each case where suspension of access to the Services has lasted longer than 14 days.
   
   

§ 8.
Fees and Settlements

1. The prices of the Services in the Price List are expressed in PLN and constitute net amounts and do not include VAT. The applicable VAT rate shall be added to the Subscription Fee.

2. Unless a special provision of the Terms or individual arrangements with the Service Provider (e.g. the Implementation Agreement) provide otherwise, payments of the Subscription Fee due to the Service Provider shall be made by the Customer in accordance with the indication of the Service Provider:

   1. via payment systems made available within the Application (immediate payment within the payment system, within 5 days from the date of commencement of the use of the Application);

   2. by bank transfer, on the basis of an invoice delivered to the e mail address assigned to the Account (payment within 5 days from the date of delivery of the invoice).

3. For the use of the Application and the Services (regardless of the selected Model), the Customer is obliged to pay the Subscription Fee in the amounts specified in the Price List. Changes to the prices specified in the Price List are announced in the Application and do not constitute an amendment to these Terms.

4. In the case of payments referred to in section 2 point 1, the date of payment shall be the date on which the amount of the Subscription Fee due for the Services is credited to the Service Provider’s bank account. Once the payment has been credited in the payment systems, the Service Provider sends to the Customer’s e mail address information on the granting of access to the Application together with a VAT invoice.

5. In the case of payments referred to in section 2 point 2, the date of payment shall be the date on which the amount of the Subscription Fee due for the Service is credited to the Service Provider’s bank account. The Subscription Fee is payable within 5 days from the date of delivery of the VAT invoice to the Customer. After the payment has been credited, the Service Provider sends to the Customer’s e mail address information on the granting of access to the Application.

6. The Subscription Fee is payable cyclically in advance on a monthly basis, within the deadlines referred to in section 2 and in the Price List, resulting from the date of conclusion of the Agreement for Use of the Application or from the separate dates resulting from the Implementation Agreement.

7. If a Subscription is activated or deactivated during a calendar month, the fee for the given Subscription shall be calculated proportionally to the number of days for which it is provided in that month.

8. Failure by the Customer to pay the Subscription Fee shall result in the suspension of access to the functionalities of the Application until the Subscription Fee is credited to the Service Provider’s bank account.
   
   

§ 9.
Complaints

1. In the event of non conformity of the Services with these Terms, the Customer may submit a complaint.

2. A complaint shall be submitted in writing or by e mail, to the address indicated in § 1 section 5 point 1 of the Terms, no later than within 7 days from the date on which the non conformity was identified.

3. A complaint should contain:

   1. the Customer’s name;

   2. an e mail address;

   3. a description of the non conformity of the Service with the Terms identified.

4. The Service Provider may refuse to bring the Service into conformity with the Terms if this is impossible or would require the Service Provider to incur excessive costs.

5. After considering the complaint, the Service Provider shall provide the Customer with a reply to the complaint, in which it shall:

   1. recognise the complaint and indicate the planned date for bringing the Service into conformity with the Terms; or

   2. refuse to bring the Service into conformity with the Terms for the reason referred to in section 4 above; or

   3. reject the complaint as unfounded.

6. The Service Provider shall reply to the complaint by e mail within 21 (twenty one) days from the date of its receipt. In particularly complex cases, the period for replying to the complaint may be extended to 30 calendar days.
   
   

§ 10.
Intellectual Property Rights

1. Upon performance of the Implementation Agreement or conclusion of the Agreement for Use of the Application, the Service Provider grants the Customer a non exclusive, non transferable, territorially unlimited and non assignable licence to use the Application – for the duration of the Implementation Agreement or the Agreement for Use of the Application (within the scope of the Subscription), subject to payment of the Subscription Fee.

2. The licence is granted for the following fields of exploitation:

   1. reproduction of the Application in the memory of the end device;

   2. use of the Application in accordance with its purpose and business objective.

3. The grant of the licence entitles the Customer and the Users to use the Application only with the use of the functionalities made available therein by the Service Provider, for the purpose of standard use of the Application, excluding in particular decompilation or dissemination of the Application to an extent exceeding justified and intended use of the Application.

4. The Service Provider reserves all rights to the Application that are not expressly granted to the Customer under the Agreement. In particular, the licence does not permit the Customer to:

   1. reproduce, distribute, lend, dispose of or otherwise directly or indirectly redistribute the Application, whether for consideration or free of charge, bypassing the Service Provider;

   2. reproduce, distribute, lend, dispose of or otherwise directly or indirectly redistribute the Application, whether for consideration or free of charge, bypassing the Service Provider;

   3. use and develop the intellectual property belonging to the Service Provider to create its own products and services;

   4. use the intellectual property belonging to the Service Provider for unlawful purposes or to the detriment of the Service Provider.

5. Any conduct meeting the above criteria shall be treated as a breach of the Terms and shall entitle the Service Provider to terminate the Implementation Agreement or the Agreement for Use of the Application with immediate effect, without notice.

6. In order to ensure the continuity and functionality of the Services and the performance of the Implementation Agreement and the Agreement for Use of the Application, the Customer grants the Service Provider, for the duration of the Implementation Agreement and the Agreement for Use of the Application, a territorially unlimited licence, with the right to grant sublicences to the Service Provider’s subcontractors, to the Customer’s data, in the following fields of exploitation:

   1. reproduction by recording the Customer’s data on any data carriers;

   2. entry into computer memory, into databases, multimedia networks or any computer networks (in particular the Internet);

   3. via the User or persons authorised by the Customer – performance, exhibition, display, playback, broadcasting and rebroadcasting, as well as making the Customer’s data publicly available in such a way that persons selected by the Customer or the User may have access thereto at a place and time individually chosen by them;

   4. the right to make changes to the Customer’s data, in particular the right to perform digital processing, adaptation and modification of the content of the Customer’s data (processing) and the right to authorise the Service Provider’s subcontractors to perform such changes;

   5. change of the manner in which the Customer’s data are recorded and presented in any manner deemed appropriate by the Service Provider.

7. The Customer represents and warrants that:

   1. it holds exclusive and unrestricted economic copyright and related rights to the Customer’s data to an extent that entitles it to grant a licence and it warrants that, during the Subscription, the Implementation Agreement or the Agreement for Use of the Application, it will not lose or limit the rights held, nor will it encumber them in any way, or it holds licences and consents to use such intellectual property rights for the duration and for the purpose of the performance of the Implementation Agreement or the Agreement for Use of the Application from the entity authorised to grant such licences;

   2. the Customer’s data may be made available by the User or persons authorised by the Customer without infringing the economic and moral copyrights and personal rights of authors, as well as related rights or any other rights of third parties;

   3. it releases the Service Provider from liability in respect of any claims relating to the Customer’s data brought by persons entitled under copyrights or any other rights who may assert their rights in connection with the performance by the Service Provider of the Implementation Agreement or the Agreement for Use of the Application and undertakes to fully satisfy such claims and cover all costs incurred by the Service Provider in connection therewith.

8. If a third party brings a claim concerning the Customer’s data, the Service Provider shall immediately present it to the Customer, who undertakes to immediately contact the third party and take the necessary measures to resolve the dispute or satisfy the third party’s claims. If, due to the Customer’s failure to act, the Service Provider is forced to satisfy the third party’s claims or compensate the damage caused to the third party, the Service Provider shall pursue appropriate recourse claims against the Customer, who shall be obliged to satisfy them.

9. The Service Provider shall not be liable for the submission by the Customer of defective or incorrect Customer’s data and any other information, content or data and for their impact on the performance of the Implementation Agreement or the Agreement for Use of the Application.

10. All components of the Application, in particular:

1. the name of the Application;

2. the logo of the Application;

3. photographs and descriptions;

4. the rules of operation of the Application, all its graphic elements, interface, software, source code and databases

– are protected under the provisions of the Polish Act of 4 February 1994 on Copyright and Related Rights, the Polish Act of 30 June 2000 – Industrial Property Law, the Polish Act of 16 April 1993 on Combating Unfair Competition and other generally applicable laws, including European Union law.

11. Any use of the Service Provider’s intellectual property without its prior express consent, in breach of the Implementation Agreement or the Terms, is prohibited.
    
    

§ 11.
Liability

1. The Service Provider undertakes to provide the Services with due diligence.

2. The Service Provider makes available the IT infrastructure and the Application and shall exercise due diligence to ensure the efficient functioning of the Application and the Services.

3. By accepting the provisions of the Terms, the Customer agrees to the exclusion of statutory warranty (rękojmia) rights.

4. The Service Provider’s liability for the Customer’s lost profits is excluded.

5. The Service Provider makes the Application available on an "as is" and "as available" basis, which the Customer is aware of and agrees to.

6. To the extent permitted by the provisions of the Civil Code, the Service Provider shall not be liable towards Customers for the consequences of:

   1. the Customers’ use of any services available within the Application in a manner inconsistent with their intended purpose or in breach of the law, principles of community life or good practices;

   2. the Customers providing incorrect or untrue data;

   3. the consequences of the use of data authorising access to the Account by third parties if such parties obtained such data as a result of the Customer’s disclosure thereof or due to the Customer’s failure to adequately protect them against access by such parties;

   4. the consequences of the activities of Users resulting from the operation of their Account. The Customer bears sole responsibility for the activities of the Users within the Application.

7. Subject to different provisions of the Implementation Agreement and mandatory provisions of law, the total aggregate liability of the Service Provider for damage caused to the Customer in connection with non performance or improper performance of the Implementation Agreement or the Agreement for Use of the Application shall be limited to the amount of the three month Subscription Fee due in the last months prior to the date on which the damage arose.

8. The Service Provider shall not be liable for the manner in which the Application is used and in particular for the Customer’s commercial success or lack thereof. The Application is intended to support the management of the Customer’s business processes, data, communication and automation of operational and sales activities. The Service Provider shall not be liable in particular for calculations, simulations, offers and contracts prepared through the Application, including for their accuracy, correctness and compliance with applicable laws as well as with the Customer’s assumptions and templates. The Customer should, in each case, verify and confirm the accuracy, correctness and compliance (with applicable laws and the Customer’s assumptions and templates) of calculations, calculators, offers, contracts, price lists and other solutions of the Application before using them in its business activities.

9. There may be technical interruptions in access to the Application in connection with the need to carry out maintenance or upgrade work. The Service Provider shall not be liable towards the Customer for events resulting therefrom. The Service Provider undertakes to inform the Customer of a planned technical interruption at least 48 hours before the planned date thereof, provided that the technical interruption shall not occur during working hours on Business Days.

10. To the extent permitted by the provisions of the Civil Code, the Service Provider shall not be liable for disturbances in the functioning of the Application resulting from:

1. force majeure;

2. necessary maintenance and upgrade work carried out in the Application;

3. reasons attributable to the Customer;

4. reasons beyond the Service Provider’s control, in particular the actions of third parties for which the Service Provider is not liable.

11. The Service Provider undertakes, as far as possible, to promptly remove disturbances in the functioning of the Application.
    
    

§ 12.
Marketing Cooperation

1. Unless a separate agreement provides otherwise, the Customer grants the Service Provider consent in particular to:

   1. inform the Service Provider’s customers and potential customers, when presenting the Service Provider’s experience, about the provision of services to the Customer, without disclosing the terms of cooperation;

   2. inform on its website and in social media about cooperation with the Customer, without disclosing the terms of cooperation;

   3. place the Customer’s name and logo in offers and marketing materials, on the Service Provider’s website and on the Service Provider’s social media profiles;

   4. place a reference letter or opinion about the Service Provider, prepared by the Customer, in offers and marketing materials, on the Service Provider’s website and on the Service Provider’s social media profiles.

2. The Service Provider may provide information about cooperation with the Customer in particular as part of activities such as: Internet marketing, event marketing or advertising activities using mass media.

3. The Service Provider represents that its marketing activities will be carried out in accordance with appropriate standards and that it will use the Customer’s trademarks or designations in a manner beneficial to the Customer’s image.

4. The provisions of this paragraph shall also apply after expiry of the Implementation Agreement and the Agreement for Use of the Application for an indefinite period. However, each Party may terminate these conditions with one month’s notice, effective at the end of a month, after the expiry of the Implementation Agreement or the Agreement for Use of the Application, in writing under pain of nullity.

5. At the Customer’s request, the Service Provider is obliged to present to the Customer, for review, marketing materials concerning cooperation with the Customer prior to their publication.
   
   

§ 13.
Processing of Personal Data

1. Information on the processing of personal data by the Service Provider is contained in the Privacy Policy available at: https://hypris.com/pl/polityka_prywatnosci.

2. The rules and conditions for entrusting the Service Provider with the processing of personal data of the Customer’s clients and potential clients are set out in the Data Processing Agreement.
   
   

§ 14.
Amendments to the Terms

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

   1. a change in the subject of the Service Provider’s business activity;

   2. commencement by the Service Provider of the provision of new services, modification of services provided to date or cessation of their provision;

   3. technical modification of the Application requiring adjustment of the provisions of the Terms thereto;

   4. a legal obligation to make amendments, including an obligation to adapt the Terms to the current legal status.

2. The Customer and the Users shall be informed of the amendment to the Terms by publishing the amended version thereof in the IT System. In addition, the amended version of the Terms shall be sent to Customers by e mail.

3. The agreements concluded prior to the amendment of the Terms shall be governed by the provisions of the Terms in force at that time, unless otherwise provided in other provisions of the Terms.
   
   

§ 15.
Price List

1. In the case of a planned amendment to the Price List, the Service Provider shall notify the Customer thereof by e mail 30 days in advance.

2. The amendment to the Price List shall be automatically binding on the Customers and shall not constitute an amendment to the Terms. Subsequent settlement periods (monthly) after the entry into force of the new Price List shall be settled in accordance with the new rates.

3. A Customer who does not agree to the amendment to the Price List shall have the right, within the 30 day period referred to in section 1, to terminate the Implementation Agreement or the Agreement for Use of the Application with effect at the end of that period.

4. Failure to terminate the Implementation Agreement or the Agreement for Use of the Application, as referred to in section 3, shall mean acceptance of the amendments to the Price List.
   
   

§ 16.
Mobile Application – App Store and Google Play

1. The provisions of this paragraph apply to the Hypris mobile Application made available in the Apple App Store and in Google Play.

2. The Agreement for Use of the Application is concluded solely between the Customer and the Service Provider, and not with Apple Inc. or Google LLC. Neither Apple Inc. nor Google LLC are parties to such Agreement.

3. The Service Provider is solely responsible for the Application and the content thereof.

4. The Customer’s use of the Application is also subject to the rules established by Apple and Google, including in particular those set out in the Apple Media Services Terms and Conditions and in the Google Play Terms of Service, applicable as at the date of acceptance of these Terms.

5. The licence granted herein is limited, in respect of the version of the Application downloaded from the Apple App Store, to a non transferable right to use the Application on an iPhone, iPod Touch, iPad or other Apple branded product owned or controlled by the Customer and running iOS.

6. The Service Provider is solely responsible for providing support with respect to the Application as specified in these Terms. Apple Inc. and Google LLC have no obligation whatsoever to provide any maintenance or support services with respect to the Application.

7. To the maximum extent permitted by applicable law, Apple Inc. and Google LLC shall have no warranty obligations whatsoever with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, the Customer may notify Apple, and Apple may, to the extent applicable, refund any purchase price (if any) paid for the Application to the Customer.

8. Apple Inc. and Google LLC shall not be responsible for addressing any product claims that the Customer or any third party may have relating to the Application or the Customer’s possession and/or use of the Application, including, but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Any such claims shall be submitted to the Service Provider in accordance with and subject to these Terms.

9. In the event of any third party claim that the Application or the Customer’s possession and use of the Application infringes that third party’s intellectual property rights, Apple Inc. and Google LLC shall not be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. Any such claims shall be handled by the Service Provider.

10. Apple Inc. and its subsidiaries are third party beneficiaries of these Terms as regards the version of the Application downloaded from the Apple App Store, and upon the Customer’s acceptance of these Terms, Apple Inc. shall have the right (and will be deemed to have accepted the right) to enforce these Terms against the Customer as a third party beneficiary thereof.
    
    

§ 17.
Final Provisions

1. The current version of the Terms is effective as of 1 June 2025.

2. The Terms are governed by Polish law. Any disputes arising hereunder shall be resolved in the first instance by amicable negotiations and, in the event that no agreement is reached, by a common court having jurisdiction over the registered office of the Service Provider.

3. In matters not regulated in the Terms, the provisions of generally applicable Polish law shall apply.

4. The Service Provider and the Customer shall endeavour to amicably resolve any disputes that may arise in connection with the performance, non performance or improper performance of the Implementation Agreement or the Agreement for Use of the Application. In the event that no agreement is reached, the dispute shall be resolved by a court having jurisdiction over the registered office of the Service Provider.

5. Any statements and communication within the rights and obligations arising from the Terms shall be made electronically, unless otherwise provided in the Terms or in the Implementation Agreement.