Terms of Use for the Chatbot Service

§1.

General Provisions

1. The Terms and Conditions hereto set out the rules and technical conditions of Chatbot service rendered by electronic means through the websites available in the przelewy24.pl domain, including its subdomains, pursuant to the Act of 18 July 2002 on providing services by electronic means. The service may also be available within payment modules provided by PayPro on external e-commerce platforms. In such cases, the Chatbot interface is presented in the module, while the Chatbot Service is provided using the infrastructure of websites available in the przelewy24.pl domain.
2. The Terms and Conditions hereto specify in particular the type and scope of the service rendered by electronic means, terms of service, terms of conclusion and termination of the agreement on performance by electronic means, as well as the complaints procedure.
3. The Terms and Conditions hereto are made available free of charge in the electronic form and may be downloaded, read, saved, produced and printed. When using the Chatbot Service via a payment module available on external e-commerce platforms, the User has access to the full text of the Terms and Conditions, which can be downloaded directly from the Chatbot interface.
4. The Service Provider renders the service by electronic means, pursuant to the Terms and Conditions hereto.

§2

Definitions

The terms used in the Terms and Conditions hereto shall have the following meaning, respectively:

1. Service Provider (PayPro)- PayPro Spółka Akcyjna with its registered office in Poznań, ul. Pastelowa 8, 60-198 Poznań, entered in the Register of Entrepreneurs of the National Court Register [KRS] kept by the District Court Poznań Nowe Miasto i Wilda, 8th Commercial Division of the National Court Register, KRS entry no.: 0000347935, Tax Identity No.: 7792369887, share capital: 4 737 100,00 PLN – fully paid up, entered in the register of domestic payment institutions kept by the Polish Financial Supervision Authority, entry no.: UKNF IP24/2014 as a domestic payment institution.
2. Chatbot (Chatbot Service) - service rendered pursuant to the Terms and Conditions hereto, constituting an automatic tool supporting communication between the User and the Service Provider, used in particular to answer Users’ questions as regards technical solutions, services or support in service-related issues.
3. Terms and Conditions - the document hereto regulating the manner of using Chatbot Service.
4. User - a natural person of legal age who contacts the Service Provider using Chatbot Service on their own behalf or on behalf of another entity, provided the said person is empowered thereto.

§3.

Scope of Chatbot Service

1. Chatbot holds an automatized conversation in real time, according to a programmed path in the course of which it:
   • displays text answers to most frequently asked (recurring) questions concerning technical solutions, services offered by PayPro as well as service-related issues,
   • displays information from publicly available online resources of PayPro,
   • displays links to webpages as well as links to downloadable documents/files,
2. Using Chatbot does not require the disclosure of Users’ personal data.
3. In relations with the User, Polish or English is used. Chatbot Service may not be rendered simultaneously in two languages.
4. Using Chatbot Service is free of charge.
5. By beginning to use Chatbot, the User accepts the Terms and Conditions. Once the User accepts the Terms and Conditions, the User and the Service Provider conclude the agreement on the use of Chatbot Service. The Agreement on the use of Chatbot Service expires the moment the history of the previous conversation is deleted. The conversation history is stored by Chatbot until the User clears the cache of the browser used by them.
6. Using Chatbot Service starts once the User accepts the Terms and Conditions, runs Chatbot and it lasts until they leave the Chatbot Service window. In case the User does not accept the Terms and Conditions, they may choose a different way of contacting the Service Provider.
7. Chatbot Service is an exchange of content with a computer program in compliance with the manner of operation of the said program. Despite the best effort, the program is not perfect and may contain errors. Due to technological limitations, the program is not able to answer all possible questions.
8. The content presented in Chatbot constitutes solely suggestions and information provided on the basis of the information or a query provided by the User and may not be treated as final and binding. The said information may be erroneous or imprecise, and the User should allow for the above-mentioned circumstances each time before making a decision.
9. The User may at any time stop using Chatbot Service with immediate effect. For that purpose, they should close the conversation window.
10. Chatbot Service is made available for information purposes. In particular, it is not intended for submitting statements aimed at amending any agreements concluded by and between the User and the Service Provider the subject-matter of which is not Chatbot Service, and it is not a channel for running direct marketing by the Service Provider.

§4

Terms and conditions of provision of Chatbot Service

1. In order to use Chatbot Service, the User must have a computer device with access to the Internet network with data transfer of minimum 1Mbit/s operating SSL 2.0 (or higher) encryption protocols, equipped with one of the Internet browsers indicated in subpara. 2 hereinbelow which allows to display HTML documents as well as JavaScript and TypeScript scripts.
2. The User should use the most up-to-date versions of the following website browsers: Microsoft Edge, Mozilla Firefox, Mozilla Firefox ESR, Google Chrome.
3. The User's computer device should have graphics drivers updated to the highest version (if applicable).
4. The User should ensure that Firewall will not block files with “m3u8” and “ts” extensions.
5. The User should ensure that “cache proxy” servers in the company network use the “Expires” http headers correctly.
6. It is recommended that the User have updated antivirus software while using Chatbot Service.
7. The Service Provider is not obligated to render Chatbot Service in case the User does not meet the technical requirements set out in subpara. 1 - 6 hereinabove.
8. The Service Provider shall not be liable for technical limitations, faults, errors, failures or damage to the hardware or the software used by the User that prevents or limits the proper use of Chatbox Service in part or in whole.
9. While using Chatbot Service, it is forbidden to perform the following:
   • undertake any actions aimed at tampering with Chatbot software;
   • undertake any IT-related actions or other actions aimed at coming into possession of information not intended for the User;
   • provide illegal content, i.e. the content that contravenes the law, principles of community life or personal interest of third parties;
   • disseminate and place on Chatbot commercial information which was not ordered;
   • use discriminatory expressions.
10. The User undertakes to use Chatbot Service and to obey the law governing in the territory of the Republic of Poland as well as the provisions hereof.
11. The Service Provider may at any time extend, limit or cease to offer the selected functionalities or the whole Chatbot Service.
12. The Service Provider reserves the right to cease to render Chatbot Service for the User and terminate the agreement for the provision of Chatbot Service:
    • with immediate effect in case the User commits an offence with the use of Chatbot Service or uses Chatbot Service in other manner that contravenes the binding law;
    • with immediate effect in case the User persistently (despite the Service Provider's prior warning) or flagrantly infringes upon the Terms and Conditions hereto.

§5.

Scope of liability of Service Provider

1. The Service Provider exercises every effort in order to ensure constant, continuous and full availability of Chatbot Service, yet the Service Provider does not guarantee it and shall not be responsible for the availability thereof.
2. In particular, the Service Provider shall not be liable for the breakdowns and interrupted availability and use of Chatbot Service in case they are caused by:
   • the need to repair, exchange, extend, modify or maintain computer equipment or software,
   • reasons independent of the Service Provider (force majeure, acts / omissions of third parties).
3. The Service Provider shall not be liable for the manner in which Chatbot Service is used by the User or the content provided by the User and whether the said content is true.
4. The Service Provider shall not be liable for failure to perform or undue performance of Chatbot Service in case it is caused by third parties for the actions of whom the Service Provider is not responsible.
5. The Service Provider shall not be liable for any consequences of using the Service, including the decisions made by the User based on the answers provided by Chatbot.
6. The Service Provider shall not be liable for the content generated by Chatbot, in particular in case the said content is erroneous, incomplete or in any way inadequate.
7. The Service Provider shall not be liable for any damage, losses or other adverse effects arising as a result of using Chatbot Service, including the indirect, direct, incidental or consequential damage occurring as a result of using Chatbot Service.
8. When using the Chatbot Service within payment modules available on external e-commerce platforms, the User may also be subject to the terms and conditions and privacy policies of those platforms. The User agrees to comply with the terms and conditions and privacy policies of the e-commerce platforms on which the Chatbot Service is used. The Service Provider is not responsible for the actions taken by the User on external platforms, which are governed by the terms and conditions set by those platforms.

§6

Complaint handling procedure

1. The User shall have the right to file complaints concerning the operation of Chatbot Service as well as complaints concerning the content of the answers provided with the use of Chatbot Service. The complaints should be directed to the Service Provider using one of the following modes of communication:
   • in writing:
     • by post, to the following address: PayPro S.A.ul. Pastelowa 8, 60-198 Poznań, Poland, or
     • filed directly at the seat of PayPro or PayPro's organisational units conducting customer service;
   • by fax - fax no.: +48 616429031;
   • in the electronic form:
     • using the electronic form available at https://www.przelewy24.pl/centrum-pomocy
   • verbally:
     • by telephone: telephone no.: +48616429344; or
     • directly at the seat of PayPro or PayPro's organisational units conducting customer service - for the record, during the visit.
2. The complaint may also be submitted through an attorney. However, given that the reply to the complaint may include information constituting professional secrecy, as specified in the Act of 19 Aug. 2011 on electronic services, the signature of the person granting the power of attorney should be authenticated by an appropriate office or a notary public, attorney or legal counsel. Additionally, the power of attorney should contain the clause authorizing the attorney to obtain information covered by professional secrecy on behalf of the mandator.
3. The User shall mention all the factual or legal circumstances substantiating the complaint, i.e. the description of the circumstances and facts constituting the basis for the complaint, the documents supporting the argumentation presented, the charges as well as the manner of resolution of the issue expected by the User. Additionally, the complaint should contain details identifying the person filing it, the correspondence address or the e-mail address to which the reply is to be sent (depending on the preferred manner of reply to the complaint). Optionally, in order to facilitate contact, the person filing the complaint may also provide their contact telephone number. PayPro verifies whether the complaint meets the requirements set out herein. In the course of complaint verification, PayPro may ask for provision of supplementary information within 14 calendar days. In case the requested information is not provided within the said time limit, PayPro shall be entitled to reject the complaint for reasons of non-compliance with the requirements of the complaint handling procedure (rejection of a complaint constitutes the dismissal thereof). In case of refusal to render explanation or assistance or, alternatively, failure to render explanation or assistance within 14 calendar days of the delivery of the call for explanation or assistance, PayPro (acting in compliance with the rules set out in subpara. 5, 2nd clause) shall interpret the meaning of the said refusal.
4. Failure to provide all the factual or legal circumstances may result in the extension of the complaint handling period or the dismissal thereof.
5. The Service Provider examines complaints within 15 working days of the reception thereof. The complaint examination process is initiated promptly upon the reception of the complaint and is carried out with due care and diligence, in a timely manner, objectively and respecting the commonly binding legal regulations and good practices. Within 3 working days of the reception of the complaint, PayPro confirms the reception thereof by sending an e-mail confirmation to the e-mail address indicated therein. If, in the course of verification of the complaint for compliance with the requirements set out herein, PayPro requests the person filing the said complaint to provide supplementary information, the said request for supplementary information shall also be deemed as confirmation of reception of the complaint. At an explicit demand of the person filing the complaint, provided the said person has submitted the required personal and contact details, PayPro shall confirm the reception of the complaint in writing. Should this be the case, the said confirmation may be sent by registered mail in order to respect the time limit set out hereinabove.
6. In particularly complex cases that render replying to the complaint within the time limit set out impossible, PayPro sends the person filing the complaint the following information (in the form provided for a reply to a complaint):
   • statement of reasons for which the time limit for the reply could not be respected;
   • indication of the circumstances which must be established for the complaint to be examined;
   • indication of the expected date of reply, no later than 35 working days of the reception of the complaint.
7. In case the Service Provider did not reply to a complaint filed by the User within the time set out in point 5, the Service Provider shall be deemed to have admitted the complaint.
8. A reply to the complaint should be formulated in an accessible and comprehensible manner and contain in particular the result (resolution) of the complaint procedure. Additionally, in case the complaint is dismissed in part or in whole, the reply shall also contain the following: instruction on the possibility and manner of appeal from the decision presented in the reply to the complaint, instruction on the possibility and the manner of exercise of out-of-court dispute resolution, submission of an application to examine the case by the Financial Ombudsman or bringing an action to a common court with the indication of the defendant and the court locally competent to examine the case.
9. By providing their e-mail address in the complaint, the person filing it requests and grants consent for PayPro to reply to the said complaint in the electronic form, to the email address indicated therein. However, at an explicit request of the person filing the complaint, provided the said person has submitted the required personal data and contact details, PayPro shall reply to the complaint in writing or using a different permanent data carrier. In this case, it may be sent by registered mail in order to respect the time limit set for the examination of the said complaint.
10. PayPro allows for the entity filing the complaint to file an appeal from the position stated in the reply thereto by way of filing a request for the reexamination of the complaint,the said request filed within 14 calendar days of reception of the reply to the complaint. Provisions regarding complaints shall apply respectively to the request for the reexamination of the complaint and the reply thereto, whereby the reply to the said request shall contain instruction on the possibility of bringing an action to the common court, and in case of complaint filing persons who are consumers, instruction on the possibility of turning to the locally competent Poviat (Municipal) Consumer Rights Advocate.
11. In the course of examining complaints, the Service Provider acts pursuant to the governing law and the provisions hereof.
12. Closed complaint proceedings may be re-opened and the decision made in the course thereof may be changed in case additional circumstances affecting the said decision are revealed.
13. Irrespective of the complaint specified hereinabove, the person filing it may complain against the actions of PayPro or its agent to the body supervising PayPro, i.e. the Polish Financial Supervision Authority, provided the said actions contravene the law.
14. Once the complaint procedure is exhausted, the dispute between the party filing the complaint and PayPro may be concluded by way of out-of-court proceedings regarding the resolution of disputes between customers and the financial market entities:
    • conducted by the Financial Ombudsman (https://rf.gov.pl/), pursuant to the provisions of Section 4 of the Act of 5 Aug. 2015 on examining complaints by financial market entities and on the Financial Ombudsman. The proceedings are initiated upon the request of the party filing the complaint. Unless the Financial Ombudsman refuses to examine the dispute, the participation of PayPro in the said proceedings is obligatory.
    • conducted by the arbitration court at the Polish Financial Supervision Authority ( https://www.knf.gov.pl/dla_konsumenta/sad_polubowny).
15. The proceedings specified in subpara. 14, in the period until 20 March 2025, may be initiated via the ODR platform provided for in the Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on Consumer ODR), provided the Financial Ombudsman and/or arbitration court at the Polish Financial Supervision Authority are registered with the said platform as ADR entities. The ODR Platform is available at https://ec.europa.eu/consumers/odr/. The indicated Regulation on Consumer ODR shall cease to apply with effect from 20 July 2025, and therefore the ODR platform shall be liquidated and the possibility of submitting complaints via the ODR platform shall expire on 20 March 2025.
16. Instead of filing a request for the initiation of the proceedings specified in 14, letter a, the party filing the complaint (once the complaint procedure has been exhausted) may file a request to the Financial Ombudsman for the examination of the case in the course of post-complaint intervention proceedings.
17. The party filing a complaint may also bring an action to the locally competent court, which (as a rule) is the common court competent for the seat of the defendant. In case of lawsuits against PayPro, the locally competent court is the District Court in Poznań - Grunwald i Jeżyce in Poznań. The defendant in this case should be PayPro, whose details have been provided in the reply to the complaint.

§7.

Personal data

1. The personal data collected due to the use of Chatbot Service are processed in accordance with 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) (hereafter: GDPR).
2. The personal data controller of your personal data is PayPro Spółka Akcyjna with its registered office in Poznań, ul. Pastelowa 8, 60-198 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda, 8th Commercial Division of the National Court Register, KRS entry No.: 0000347935, Tax Identity No.: 7792369887, paid-up share capital: 4 737 100,00 PLN.
3. The Data Controller may be contacted by e-mail: ado@przelewy24.pl or by post (correspondence sent to the address indicated in point 2 hereinabove).
4. The Data Controller has appointed the Data Protection Officer, who may be contacted by e-mail: ido@przelewy24.pl
5. PayPro processes your personal data in order to analyze your entry filed through Chatbot Service and reply to the said entry pursuant to art. 6 para. 1 letter f GDPR, i.e. legitimate legal interest of the data controller.
6. Your personal data shall be processed for the period necessary to achieve the goal for which they were collected, yet no longer than for 1 year ever since they were collected, i.e. the query was sent to us via Chatbot.
7. The personal data shall not be transferred to other recipients.
8. In the course of data processing, the data are not transferred outside the boundaries of the EEC or to international organizations.
9. Due to the processing of your personal data by PayPro, you have the right of access, rectification, erasure, restriction of processing, data portability, objection, as well as the right to file a complaint at the supervisory authority, i.e. President of the Office for Data Protection.
10. Provision of the data is voluntary and not necessary in order to obtain answers to the questions directed to Chatbot.

§8.

Final provisions

1. In matters not regulated herein, provisions of the commonly binding law shall be applicable.
2. Any and all disputes arising out of the provision of Chatbot Service shall be settled by the competent common court.

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