REGULATIONS – TERMS AND CONDITIONS OF USE OF “RESTBILL” APPLICATION IN ONLINE VERSION no. 001/2022

Article 1.

GENERAL PROVISIONS

1. These regulations (“Regulations”) for the provision of services by electronic means have been issued in order to specify the rules, scope and conditions of using the RestBill mobile application in the online version intended for use by the customer of a given restaurant and refer to all relations between the Customer and the Application Operator and were issued on the basis of Article 8(1)(1) of the Act of 18 July 2002 on the provision of services by electronic means (Polish Journal of Laws of 2020, item 344, as amended). (“Act”).

2. These Regulations specify, among others, the method of starting and using the Application and the services provided by the Application Operator to Customers, including in particular the requirements regarding the operating system of the mobile device. The services provided by the Application Operator are not and do not constitute payment services within the meaning of the Act on Services (Polish Journal of Laws of 2020, item 344, as amended).

3. RestBill sp. z o.o. with its registered office in Warsaw, ul. Cybernetyki 19B, 02-677 Warsaw is the owner and operator of the Application, as well as the provider of services provided through the Application (“Application Operator”).

4. The Application includes the customer's on-line mobile application

5. The application is available online at: https://app.restbill.pl/

6. The use of the services offered through the Application is free of charge, except for making payments for a given order in a restaurant.

7. The Application is designed for mobile devices with iOS, Android operating systems.

8. All materials made available in the Application, in particular texts, photographs, film and sound materials, are the exclusive property of the Application Operator or entities with whom the Application Operator has concluded a relevant agreement. Copyrights to information and materials contained in the Application or trademarks belong to the Application Operator or it has the right to use such materials, information or marks.

Article 2.

TERMS USED IN THE REGULATIONS

Service Provider/Application Operator - RestBill sp. z o.o. with its registered office in Warsaw, ul. Cybernetyki 19B, 02-677 Warsaw.

Application – an online mobile application owned by the Service Provider called “Restbill”, available for Android and iOS operating systems, which has been prepared and made available by the Service Provider, enabling the Customers to use IT mechanisms and information developed by the Service Provider through the Application. The Application provides IT tools for the Customers to make payments for goods and/or services to the Restaurant, which occurs through the provision of payment services and other services, by the Supplier directly to the Restaurant, including the use of third party payment systems provided by entities other than the Service Provider.

Restaurant – an entity that is an entrepreneur within the meaning of the Entrepreneurs Law Act (Polish Journal of Laws of 2021, item 162, as amended) running a restaurant/gastronomic point that enables Customers to use the Application.

Customer – a natural person of legal age with full capacity for legal transactions, a legal person or an organisational unit without legal personality, having capacity for legal transactions, who uses the functionalities offered by the Application on their mobile device.

Consumer – a natural person purchasing products in the Restaurant not directly related to their business or professional activity. In some cases indicated by generally applicable provisions of law, a natural person purchasing products related to their business or professional activity in the Restaurant is also treated as a Consumer if it results from the content of this agreement that it does not have a professional nature for them, resulting in particular from the object of their business activity, made available on the basis of the provisions of the CEIDG.

Account – a personalised administrative panel of the Customer available after effective registration and logging in the Application, which includes information about the Customer, Payments made by the Customer (statement of amounts and dates) and other information placed by the Service Provider under which the Customers’ Personal Data are processed to the extent and according to the rules specified in the Privacy Policy. The Customer may use the services provided in the Application via the Account, including in particular making Payments.

Services – services provided by the Service Provider in the form of access to the Application, including services provided by electronic means for the Customers, including in accordance with the Act on providing services by electronic means (Polish Journal of Laws of 2020, item 344, as amended) and services included in the Account, including those described in more detail in item 3 of the Regulations The service provided by the Service Provider consists, for example, in granting access to the Application and performing activities consisting in sending and receiving data using ICT systems at the individual request of the Customers, without the simultaneous physical presence of the parties. The services provided by the Service Provider are not and do not constitute payment services within the meaning of the Payment Services Act – such services may be provided on the basis of separate agreements by the Suppliers on the terms determined by them. Moreover, the Services do not constitute services of operating a payment system within the meaning of relevant provisions of generally applicable law.

Supplier – means payment service providers within the meaning of the Payment Services Act, providing payment services for the Customers on their own behalf, referred to, among others, in Article 3(1) of the Payment Services Act.

Payment – payment service of transferring the Customer's funds to the Restaurant, which is provided by the Supplier.

Personal Data – any information about a natural person identified or identifiable by one or more factors specific to physical, physiological, genetic, mental, economic, cultural or social identity, including in particular their first and last name, identification number, IP of the device, location data, online identifier and information collected through cookies and other similar technology.

GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “General Data Protection Regulation”).

Privacy Policy – a document made available in the Service Provider’s Application as part of the services provided, specifying the rules of privacy and the protection of the Customer’s Personal Data.

Article 3.

GENERAL CONDITIONS

1. The Service Provider is not liable for any lack or improper provision of services by the Supplier, and its obligation within the use of the Application is not the execution of payment transactions, including their initiation and availability to the extent it is within the Supplier’s control. The list of Suppliers whose services (payments, payment systems) the Customer can use by pairing them (the Customer) with such a Supplier as of today is as follows:

a) STRIPE Payments Europe LIMITED C/O A & L Goodbody, Ifsc, North Wall Quay Dublin, Ireland

2. Customers acknowledge that the Service Provider is neither a payment service provider nor an agent (including paying agent) within the meaning of the Payment Services Act within the meaning of the Supplier’s national regulations.

3. Any complaints in the scope not related to the activity of the Application should be addressed to entities other than the Service Provider, which provide specific services/goods.

4. While providing the Services, the Service Provider does not acquire cash from the Customers, does not view the payment transaction itself, does not initiate it/does not participate in it, does not operate a payment system, including it does not store information about them on its server – the only payment information that is stored by the Service Provider is the amount of transactions made by the Customer.

5. The activities performed as part of the Application and the Services provided by the Service Provider are not bank operations, payment services or payment systems.

6. A Customer using the Application who wants to use the services available through the Application must accept these Regulations and undertake to comply with the rules contained herein. Activation of the Application and commencement of use of the Services offered by the Service Provider is tantamount to full acceptance and confirmation of understanding of the terms and conditions of the Regulations and the Privacy Policy. Every Customer, from the moment of taking the actions referred to above, is obliged to comply with the provisions of the above-mentioned acts.

7. The Service Provider declares that it does not provide, as part of its Services and through the Application, account information access services within the meaning of the Payment Services Act, and does not participate in the payment service itself as an entity supporting it or participating in it – everything takes place between the Customers and the above-mentioned payment institutions. Moreover, the Service Provider does not operate a payment system within the meaning of the Payment Services Act.

8. At the moment of starting to use the Application, the Customers acknowledge that they will be obliged to provide their Personal Data required to issue invoices for the ordered products in the Restaurant. Invoices referred to in the preceding sentence will be sent in electronic form to the e-mail address provided by the Customer, to which the Customer consents when accepting the Regulations.

Article 4.

REGISTRATION AND TECHNICAL REQUIREMENTS

1. Registration in the Application takes place by filling in the registration form. The Customer is obliged to provide the necessary Personal Data in order to create an Account in the Application.

2. Customers are obliged to provide the following Personal Data in order to create and use an Account in the Application:

a) e-mail,

b) password;

c) address and postal code;

- data for Payments necessary to issue an invoice in accordance with Article 3(9) of the Regulations,

d) first name, last name and/or company name;

e) NIP (tax identification number) (optional),

- data for Payments necessary to issue an invoice for the company in accordance with Article 3(9) of the Regulations.

3. Using the Application is possible by scanning the QR code and being redirected to the website with the Application.

4. An active Internet connection is required to use and activate the Application. Any costs of connection to the Internet, in particular data transmission, are covered by the Customer on their own, pursuant to agreements concluded by the Customer with telecommunications operators or other Internet provider. The Application Operator is not liable for non-performance or improper performance of services by telecommunications operators or other Internet providers with whom the Customer has concluded agreements.

5. Mobile device on which the Customer activates the Application must meet the following technical requirements: having access to the Internet network, having an Internet browser, access to the camera and the ability to read QR codes through it.

6. Registration in the Application is tantamount to acceptance of the content of the Regulations by the Customer and conclusion of an agreement for the provision of services by electronic means between the Application Operator and the Customer, in accordance with the rules specified in these Regulations.

Article 5.

RULES FOR THE CUSTOMER’S USE OF THE APPLICATION

1. The Customer is obliged to use the Application in accordance with the generally applicable law, principles of social coexistence, the Regulations and all terms and conditions of use and privacy policies.

2. The use of the Application by the Customer in a way other than as part of the permitted use is unacceptable without the express consent of the Application Operator.

3. The Customer is obliged to notify the Application Operator of any violation of its rights in connection with the use of the Application.

4. The Customer uses the Application voluntarily, on their own responsibility.

5. The Customer has the right to cease to use the Application at any time, in particular if the Customer does not accept the amendment to the Regulations, the Privacy Policy and the modification of the Application.

Article 6.

ACCOUNT DELETION

1. Any registered Customer, at any time, may delete their Account.

2. The Service Provider may, at any time, delete the Customer’s Account.

3. The Customer’s Account may be deleted if the following conditions are met:

1) The Customer may delete their Account upon request sent by e-mail to the following address: support@restbill.pl or upon written request sent to the following address: RestBill sp. z o.o. with its registered office in Warsaw, ul. Cybernetyki 19B, 02-677 Warsaw. The Service Provider undertakes to delete the Customer’s Account immediately after receiving a relevant request.

4. The deletion of the Customer’s Account will result in the deletion of all data collected in the Application and related to the Account, subject to the provisions of the Privacy Policy concerning the storage and deletion of Personal Data.

5. The Customer cannot reactivate the deleted Account – they have to perform the registration procedure and meet all the original terms and conditions related thereto again.

Article 7.

RIGHTS AND OBLIGATIONS OF THE APPLICATION OPERATOR

1. The Application Operator undertakes to supervise the technical functioning of the Application.

2. The Application Operator does not guarantee uninterrupted access to the Application and does not ensure constant availability of all functions of the Applications and their faultless operation.

3. The Application Operator is not liable for any damage and lost profits incurred by the Customer in connection with the functioning of the Application, in particular disruption of the availability of all functions of the Application or their incorrect operation, violation by the Customer of third party rights, functioning of interfaces and telecommunication lines that are not owned or operated by the Application Operator, services, applications and Internet services that are not owned or operated by the Application Operator.

4. The Application Operator has the right to block the Customer's account if it has a reasonable suspicion that the Customer uses the Application contrary to the rules specified in the Regulations.

5. The Application Operator has the right to temporarily suspend the operation of the Application in order to carry out the technical maintenance of the Application, make changes in the operation of the Application or prevent possible damage.

6. The Application Operator reserves the right to change the Regulations, the Privacy Policy and modify the Application, of which it will notify the Customer 14 days before the change is introduced by sending the amended Regulations to the e-mail address.

Article 8.

LIABILITY

1. The Service Provider is not liable for:

a) products or services provided by the Supplier/Restaurant - for which these entities are solely liable;

b) valid legal basis and legitimacy of the amounts of Payments transferred between the Customer and the Restaurant;

c) damage caused by improper use of the Application by the Customer;

d) Customer providing false, outdated or incomplete data or information at registration or at a later stage;

e) problems with the functioning of the Application if they occur as a result of events which the Service Provider could not have foreseen or prevented with due diligence, as well as force majeure events;

f) damage resulting from interruptions in the provision of the Services if they occur for reasons beyond the Service Provider's control (not attributable to the Service Provider);

g) loss of data caused by a failure of the Customer's equipment, system used by the Customer or other circumstances not caused by a culpable act or omission of the Service Provider or entities for which it is liable.

2. The Service Provider is not liable for the actions of Customers within the Application in a manner not designated for this purpose, nor for their performance or non-performance of the agreements concluded as part of the Application or the information about which they included in the Application, nor is it liable for the consequences of actions taken by the Customers and third parties that constitute a violation of the provisions of the Regulations.

3. The Service Provider is not liable for the Customer providing false, incorrect, incomplete information, in particular in the case of providing third party data without their consent or knowledge.

4. The Service Provider is not liable for the lack of access to the Application for reasons beyond its control. For security reasons and for any other reasons beyond the control of the Service Provider, the Service Provider shall have the right to temporarily suspend access to the Application for the period necessary to remove the existing threats or irregularities. The Service Provider is not liable for temporary suspension of access to the Applications referred to above.

5. Subject to limitations resulting from mandatory provisions of law, the Service Provider is not liable for any damage arising in connection with the Application or its use or inability to use by either party or in connection with improper operation, errors, gaps, disruptions, defects, delays in operation or transmission, computer virus, line or system failure.

6. All consequences resulting from providing incorrect, untrue, incomplete or misleading data are borne by the Customer using the Application.

Article 9.

RIGHTS AND OBLIGATIONS OF THE CUSTOMER

1. In particular, the Customer is obliged to:

a) use the Services offered by the Service Provider in accordance with the provisions of generally applicable law, as well as the provisions of these Regulations and documents constituting its integral part and other applicable regulations,

b) not provide and transfer content prohibited by generally applicable provisions of law;

c) not provide and transfer content contrary to good customs and principles of social coexistence within the meaning of the Polish Civil Code Act.

2. If the Service requires specific data to be provided by the Customer, the Customer undertakes to provide true, accurate, complete and not misleading data. Any consequences resulting from improper completion of the Application forms by the Customer, in particular the provision of incorrect or untrue data by the Customer, are entirely the Customer's responsibility.

3. It is forbidden for the Customer to provide content of unlawful, offensive, false or misleading nature, content containing viruses or content that may cause interference or damage to computer systems. If the Service Provider receives reliable information about the unlawful nature of stored data provided by the Customer, the Service Provider may prevent access to such data.

4. The Service Provider is not liable to the Customer for any damage resulting from preventing access to unlawful data. In the event of obtaining reliable information about the unlawful nature of data, the Service Provider will notify the Customer of its intention to prevent access to the data. If the Customer provides the content and data referred to above, the Service Provider will have the right to claim damages directly from the Customer on the terms set out in the Civil Code.

5. The Customer has the right to place information, documents and other data concerning their Account in the Application on its own, using the forms available in the Application and only to the extent permitted by the Application, which should be consistent with the provisions of generally applicable law, these Regulations and good manners and may not violate the rights of third parties.

6. It is not allowed to use the Application in order to violate generally applicable law.

7. It is forbidden to copy materials placed in the Application, as well as to distribute them in any form without the express consent of the Service Provider.

Article 10.

SPECIFIC RISKS ASSOCIATED WITH THE USE OF SERVICES PROVIDED BY ELECTRONIC MEANS

1. Pursuant to Article 6(1) of the Act on the provision of services by electronic means, the Service Provider informs the Customers about specific risks related to the use by the Customers of services provided by electronic means.

2. This information concerns threats which may possibly occur but which should be taken into account despite the Service Provider's application of measures securing the Service Provider's infrastructure against unauthorised actions of third parties.

3. Special risks associated with the use of services provided by electronic means are the possibility for unauthorised persons to gain access to data transmitted over the network or stored on computers connected to the network and to interfere with such data, which may cause, in particular, their loss, unauthorised change or prevention of the use of services offered using the Application.

4. The basic risks related to the use of the Internet include:

a) malware – various types of applications or scripts that have harmful, criminal or malicious activity in relation to the network user’s ICT system, such as viruses, worms, Trojans, keyloggers, diallers;

b) spyware – programs that track the Customer's actions collecting information about the Customer and sending it – usually without the Customer's knowledge and consent – to the program's author;

c) spam – unwanted and unsolicited electronic messages sent simultaneously to many recipients, often containing advertising content;

d) extortion of confidential personal information (e.g. passwords) by phishing;

e) breaking into the Customer’s ICT system using, for example, hacker tools such as exploit and rootkit.

5. In order to avoid the above risks, the Customer should provide their electronic devices, which are used to connect to the Internet, with an antivirus program. Such a program should be constantly updated.

6. Protection against threats related to the use by the Customers of the Services provided by electronic means is also ensured by:

a) enabled firewall;

b) updating any software;

c) not opening e-mail attachments of unknown origin;

d) reading application installation windows and their licences;

e) exclusion of macros in MS Office files of unknown origin;

f) regular comprehensive scans of the system with antivirus and anti-malware software;

g) data transmission encryption;

h) installation of prevention programmes (intrusion detection and prevention);

i) use of the original system and applications from a legal source.

Article 11.

COMPLAINTS

1. Any complaints related to the use of the Application and the provision of Services through it, as well as any questions regarding the use of the Application, should be sent to the Application Operator to the e-mail address: obo@restbill.pl

2. The complaint should include: first name, last name, phone number and e-mail address of the Customer (given during registration), model and name of the mobile device, current version of the operating system installed on the mobile device, as well as a detailed description and indication of the reason for the complaint.

3. Within 30 days from receiving the complaint, the Application Operator will examine the complaint and inform the Customer via e-mail about the manner of its processing. If the data or information provided in the complaint needs to be completed, the Application Operator will request the Customer to complete the complaint before considering it. The time for providing additional explanations by the Customer extends the complaint processing period.

4. Failure to respond to the complaint within the time limit referred to in section 3 above means, pursuant to the wording of Article 7a of the Consumer Rights Act, that the complaint of the Customer who is a Consumer has been deemed justified – in the remaining scope regarding the complaints of Customers who are not Consumers, the lack of response does not have such effect.

Article 12.

CONSUMER RIGHTS

1. In connection with the conclusion of an agreement for the provision of Services, which is a distance contract, the Customer being a Consumer declares that they are aware that the provisions of the Act of 3 May 2014 on Consumer Rights will apply to them (Polish Journal of Laws of 2020, item 287, as amended, hereinafter: the Consumer Rights Act). The Services agreement is a contract concluded as part of an organised distance contracting system, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the Services agreement inclusive.

2. As an entrepreneur, the Service Provider provides the Customer, as a consumer, with the following information:

a) The Service Provider is RestBill sp. z o.o. with its registered office in Warsaw, ul. Cybernetyki 19B, 02-677 Warsaw.

b) the Customer who is a Consumer has the right to withdraw from the Services agreement and these Regulations and attachments hereto without stating the reason, by submitting a relevant statement in writing, within 14 days of the date of conclusion of the Services agreement or from the date of confirmation of the information indicated in this section on a durable medium in paper form - upon with the expiry of the later of these two deadlines. Such a Customer will not incur any costs related to the submitted statement on the withdrawal from the Services agreement, and the Services agreement will be deemed not concluded – the Customer being a Consumer will be released from any obligations,

c) the Customer being a Consumer will not incur any additional costs resulting from the use of means of distance communication and there is no possibility that they will occur,

d) Complaints in the scope of the Services agreement may be submitted in the manner described in Article 11 "Complaints" hereof,

e) The Service Provider provides for the possibility of out-of-court settlement of disputes resulting from this Services agreement – the entity resolving disputes in an out-of-court manner is indicated in Article 13 “Dispute Resolution” hereof.

f) the applicable law to be applied in the relations between the Service Provider and the Customer in the scope of concluding and performing the Services agreement and other mutual relations is the Polish law.

g) The Service Provider represents that the Customer, being a Consumer, has the right to withdraw from the concluded agreement for the provision of services by electronic means within 14 days – a specimen of the relevant statement constitutes Appendix 2 hereto. The Consumer agrees to provide them with the Services immediately after the conclusion of the Services agreement – in such a case, the consumer may not have the right to submit a statement on the withdrawal from the Services agreement, pursuant to the wording of Article 38 of the Consumer Rights Act.

Article 13.

FINAL PROVISIONS

1. If the Service Provider does not accept the complaint of a Customer who is a Consumer, and the Customer does not agree with the Service Provider's decision, the Service Provider may request mediation or arbitration, i.e. use alternative dispute resolution methods.

2. Any disputes arising between the Service Provider and the Customer who is a Consumer will be settled by the competent courts in accordance with the relevant provisions of the Act of 17 November 1964 – the Code of Civil Procedure (Polish Journal of Laws of 2020, item 1575, as amended).

3. Any disputes arising between the Service Provider and a Customer who is not a Consumer will be settled by a court having jurisdiction over the registered office of the Service Provider.

Article 14.

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FINAL PROVISIONS

1. These Regulations enter into force on 03.03.2022.

2. The principles of Personal Data protection are specified in a separate document – Privacy Policy available at: https://restbill.pl/polityka-prywatnosci/

3. The Service Provider reserves the right to amend the Regulations at any time, for reasons including in particular:

a) extension or modification of the functionality of the Application;

b) introduction of new services or change the scope of Services, in particular introduction of payments for some or all of the Services;

c) changes in technical requirements necessary for the operation of the Application, in particular devices and the ICT System of the Customer

d) the need to adapt the Regulations to the applicable law, in particular in the scope of provided Services, including the need to remove, if any, provisions that are not in compliance with the mandatory law;

e) the need to adjust the Services provided or the content of the Regulations to court decisions and administrative decisions.

f) adjusting the Regulations to the best practices of providing services and protecting Customers;

g) cessation of the activity of the Application;

h) changing the Service Provider's data disclosed in these Regulations, in particular the contact details.

4. The Service Provider will notify the change of the Regulations by:

a) sending to the registered Customer information on amendments to the Regulations together with appendices and a uniform text of the Regulations along with appendices by e-mail to the e-mail address provided in the registration process; and

b) a message visible to the Customer after logging in, which displays information about changes to the Regulations together with appendices and a link to the new Regulations or the content of the changes made;

c) placing information on changing the Regulations or appendices thereto in the Application.

5. The amendments will enter into force 30 days after the date of making available the amended text of the Regulations/appendices at least in the manner specified in section 4(b) and (c) above. The use of the Application by the Customer, after introducing these amendments and after the expiry of the above-mentioned period, will be tantamount to their acceptance.

6. In order to provide services by the Application Operator via the Application, in addition to the acceptance of these Regulations, it is also necessary to accept the Privacy Policy. The Application Operator provides constant access to the Privacy Policy.

7. The Application Operator may transfer the rights resulting from these Regulations and the Privacy Policy to another entity, but this will not affect the Customer's rights.

8. Each provision of these Regulations functions separately. If any provision of the Regulations is declared invalid by the court, the remaining provisions remain in force.

9. The language used in relations resulting from these Regulations and its appendices is Polish.

10. The law applicable to these Regulations is the Polish law.

11. In matters not regulated herein, the provisions of generally applicable law apply, including in particular:

a) the act on the provision of services by electronic means;

b) the Payment Services Act;

c) the Civil Code Act of 23 April 1964;

d) the Telecommunications Law Act of 16 July 2004;

e) the Personal Data Protection Act (Polish Journal of Laws of 2019, item 1781, as amended);

f) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) OJEU L No 119, p. 1)

12. The following documents constitute an integral part of these Regulations:

- Appendix 1 – Privacy Policy currently in force;

- Appendix 2 – Statement of withdrawal from the Services agreement.


Appendix 1 Appendix 2

Regulations governing the provision of RestBill services

Number: 002/2022


Article 1

DEFINITION OF TERMS

1. Application – the RESTBILL mobile application in the on-line version made available to the Ordering Party, enabling maintenance-free orders and payments in catering facilities, the detailed functionality of the Application is specified in the Agreement. Description of the Application operation:

1) After scanning the appropriate QR code on their own mobile device, the Customer will be able to:

a) have access to the Menu placed and updated by the Ordering Party,

b) pay for the order using the payment gateway, choosing the preferred method of payment. A relevant settlement document will be issued as proof of purchase. The relevant document will be sent to the e-mail address provided by the Ordering Party's Customer in the Application,

c) divide the payment,

d) tip the staff.

2) For the proper functioning of the Application, it is necessary to have access to the Internet for your cash register system in the restaurant.

2. Supplier – RESTBILL Sp. z o.o. with its registered office in Warsaw (02-677) at ul. Cybernetyki 19B, entered into the Register of Entrepreneurs of the National Court Register under number 0000921324; REGON 389021839, NIP 8971892330,

3. Installation location – the facility where the Service will be provided.

4. Regulations – these Regulations governing the provision of services specifying the rights and obligations of the Parties.

5. 5. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

6. Agreement – a document containing basic and binding arrangements of the Parties regarding the provision of the Service.

7. Service – implementation and ensuring the possibility of using the Application by the Ordering Party during the Service Provision Period,

8. Device – devices which may be made available to the Ordering Party.

9. Remuneration – remuneration due to the Supplier from the Ordering Party, in accordance with the terms and conditions of the Agreement.

10. Customer – a guest of a catering point operated by the Ordering Party who makes payments using the Application.

11. Ordering Party - an entity conducting business activity (an entrepreneur within the meaning of the Entrepreneurs Law Act) for which the Service is provided by the Supplier.

Article 2

TERMS AND CONDITIONS OF SERVICES

1. The Agreement is concluded between the Supplier and the Ordering Party upon the Supplier's acceptance of the Service Provision Agreement and these Regulations.

2. The Ordering Party is obliged to:

a. Provide technical conditions required for proper operation of the Application,

b. Provide the Supplier with the Installation location within the period specified in the Agreement in order to carry out the implementation,

c. Launch the payment gateway with the indicated external supplier. This requires an individual procedure of implementation of the Ordering Party with a given external supplier.

3. The Ordering Party, at the request of the Supplier, will present within the time limit specified by the Supplier: 1) excerpt from the relevant register (e.g. companies), decision on assigning REGON and NIP numbers – applies to a legal person or an organisational unit without legal personality; 2) proof of identity and place of permanent residence – applies to a natural person; 3) confirmation of authorisation of persons authorised to represent the entity.

4. In order to implement the Application, the Ordering Party will provide the Supplier with the Installation location within the time limit specified in the Agreement.

5. The Supplier will train persons indicated by the Ordering Party in the agreed time frame, on the date and in the form indicated by the Supplier (e.g. on-line training, on-site training).

6. The Ordering Party is obliged to:

a. Use the Application only in accordance with its intended purpose and the Agreement,

b. If the Devices have been made available – use the Devices in accordance with their intended purpose, solely for the purpose of using the Service and secure the Devices (if necessary) against damage and unauthorised interference of third parties,

c. Immediately notify the Supplier of improper operation of the Application.

d. Closely work with the Supplier, including to provide all data, information and materials necessary for the performance of the subject of the Agreement.

7. The Supplier has the right to introduce temporary interruptions in the provision of the Service in connection with the necessity to perform system maintenance or other technical works.

Article 3

APPLICATION START DATE

1. The Supplier will start the activation of the Application immediately after the conclusion of the Agreement.

2. Activation of the Application means making it possible to make payments using the payment gateway through the operator indicated by the Supplier. This procedure requires direct participation of the Ordering Party in concluding an agreement with the indicated payment gateway operator.

3. Execution dates may be postponed in the case of special circumstances hindering or preventing their observance; the Supplier will notify the Ordering Party of new execution dates together with justification of the change.

Article 4

PAYMENTS

1. For the provision of the Service, the Supplier is entitled to the Remuneration in the amount indicated in the Agreement on the value of payments made through the Application. The Remuneration is a gross value.

2. The Remuneration will be paid automatically after each payment made by the Customer to the Ordering Party.

3. The Supplier will issue a summary invoice for the value of commission on all transactions executed using the Application for a given settlement period, understood as a calendar month, within the statutory deadline.

4. The Ordering Party agrees that invoices covering the Remuneration will be issued by the Supplier and sent to the Ordering Party in electronic form to the e-mail address provided in the Agreement.

5. The Supplier is entitled to change the amount of the Remuneration in accordance with the following procedure:

a. The Supplier will notify the Ordering Party of the proposed amount of the Remuneration rate.

b. If the proposed change is not accepted, the Ordering Party is obliged to notify the Supplier of this fact in documentary form within 2 weeks from the date of receiving the notification referred to in a) above; in such a case, the Supplier will be entitled to suspend the provision of the Service or terminate the Agreement with immediate effect.

c. Ordering Party’s failure to submit the notification referred to in b) above within the required deadline will be considered as the Ordering Party's acceptance of the proposed change to the amount of the Remuneration; the change will be effective as of the first day of the month following the month in which the deadline for submitting the notification referred to in b) expires.

Article 5

LIABILITY AND COMPLAINTS

1. The Supplier will not be liable to the Ordering Party for lost profits.

2. In particular, the Supplier will not be liable for non-performance or improper performance of the Agreement resulting from:

a. failure or malfunction of ICT systems outside the Supplier's activity,

b. interruptions in the provision of the Service originating in the technical infrastructure of the Ordering Party, suppliers of utilities, as well as resulting from the actions of third parties,

c. failure of the Devices caused by the Ordering Party or attributable to the Ordering Party,

d. the Ordering Party's failure to fulfil its obligations under the Agreement, including the Regulations,

e. the Ordering Party violation of the applicable provisions of law,

f. suspension of the Service due to circumstances attributable to the Ordering Party,

g. interruptions in the provision of the Service as a result of circumstances constituting force majeure, understood as any events unforeseeable at the time of concluding the Agreement, beyond the control of either Party, in particular such as war, internal riots, restrictions applied by the government, flood, fire, hurricane, storm, earthquake and other natural disasters.

3. Complaints concerning the provision of the Service are to be submitted in writing to the Supplier's address or by e-mail to the following e-mail address: bok@restbill.com

4. Complaints will be considered within 7 days from their submission.

5. The Supplier is liable for non-performance or improper performance of the Service only up to the amount corresponding to the amount of one-month remuneration paid to the Supplier for the month in which the basis for liability arose. This limitation does not apply to damage caused intentionally.

6. The Parties exclude the Supplier's liability under the warranty.

7. Any maintenance works or adjustments performed by the Supplier, the necessity of which resulted from circumstances attributable to the Ordering Party, will be subject to a separate fee according to the Supplier's price offer.

Article 6

LICENCE

1. On the date of making the Application available and starting it, the Supplier grants to the Ordering Party an authorisation to use the Application exclusively (exclusive licence) in the territory of Poland exclusively for the purpose resulting from the Agreement, i.e. for the purpose of handling payments at the Installation location.

2. The Ordering Party may not, without the prior written consent of the Supplier:

a. permanently or temporarily multiply the Applications in whole or in part,

b. translate, adapt, change layout or make any other changes in the Application,

c. use the Application for any other purpose than specified in the Agreement,

d. use the Application in any other place than specified in the Agreement.

3. The Ordering Party is obliged to cooperate with the Supplier to the extent necessary to protect proprietary copyrights to the Application.

4. If it is found that the Ordering Party uses the Application in a manner inconsistent with the Agreement, the Supplier may exclude access to the Application and demand in particular:

a. deletion of copies of the Applications copied in an unauthorised manner,

b. limitation or prevention of access to the Application by unauthorised third parties.

5. The amount of remuneration for granting the licence is included in the Remuneration.

6. The license is granted for the term of this Agreement.

Article 7

CONFIDENTIALITY

1. The Parties undertake to keep confidential and use only for the purpose of performing this Agreement any information obtained in connection with its conclusion and performance, in particular concerning management organisation and technical and economic parameters and other technical, technological, commercial and organisational information that has not been made public, as well as other information related to this Agreement, the disclosure or use of which for another purpose by one of the Parties could harm the commercial interests of either Party (protected information). Protected information includes in particular information concerning the Ordering Party's enterprise provided in any form to the Supplier and stored in the Supplier's hardware and system resources as part of using the functionality of the Application.

2. The above confidentiality provisions do not prevent the Parties from disclosing information that was already known to them prior to the conclusion of this Agreement and was not recognised as protected. In addition, each Party has the right to disclose protected information if the generally applicable provisions require it to be made public or disclosed to an authorised body. In any other case, disclosure of protected information or use of protected information for purposes other than the performance of this Agreement will each time require a written consent of the Party from which the information originates.

Article 8

TERM OF THE AGREEMENT

1. The Agreement is effective from the date of its conclusion for the period of the service provision specified in the Agreement (indefinite or definite period).

2. The Agreement concluded for an indefinite period may be terminated by either Party upon a 3-month notice, effective at the end of a calendar month. The above deadline also includes termination for so-called important reasons.

3. In the case of an Agreement concluded for a definite period, if the Parties do not submit a written statement concluding otherwise until the expiry of the term of the Agreement, the Agreement will be automatically extended for an indefinite period, whereas each Party will have the right to terminate it with a 3-month notice, effective at the end of a calendar month.

4. With the consent of the Parties, the Agreement may be terminated at any time without notice.

Article 9

ADDITIONAL PROVISIONS

1. The provisions of the Regulations may be amended in the manner provided for changing the amount of the Remuneration.

2. If the processing of personal data is entrusted during the performance of the Agreement, the Parties will be obliged to conclude an agreement on entrusting the processing of personal data in accordance with the GDPR.

3. Any amendments and supplements to the Agreement may be made only by written annexes signed by both Parties, otherwise being null and void, unless the Agreement, including the Regulations allow for another form of amendment.

4. In the event of any discrepancies between the Agreement and the Regulations, the provisions of the Agreement prevail.

5. Provisions of the Civil Code apply in matters not regulated herein.

6. Any disputes between the Ordering Party and the Supplier under the Agreement will be resolved by common courts having jurisdiction over the Supplier's registered office.

7. These Regulations enter into force on 26.05.2022.

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