TERMS AND CONDITIONS OF THE MOBILE APPLICATION “BKFPay”

§1.

[General Provisions]

These terms and conditions define the rules for using the mobile application “BKFPay” (hereinafter referred to as the “Application”) used for purchasing loyalty cards for services offered at touchless car washes (hereinafter referred to as “Services”) provided by partners cooperating with the Application owner.
The owner of the Application is I2M sp. z o.o. with its registered office in Skarbimierzyce, Skarbimierzyce 22, 72-002 Dołuje near Szczecin, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court Szczecin-Centrum in Szczecin, XIII Economic Division of the National Court Register under KRS number: 0000434002, NIP (Tax ID): 8513165236, REGON (Business ID): 321263159 (hereinafter referred to as: I2M).
Definitions:

Przelewy24 - an online payment operator managed at the address www.przelewy24.pl by PayPro S.A. in Poznań at ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań-Nowe Miasto i Wilda in Poznań, VIII Economic Division of the National Court Register, under KRS number 0000347935, NIP 7792369887, REGON 301345068;
Loyalty card - a virtual card available in the Application, which allows the purchase of car washing and cleaning services at the Partner's car wash, which is topped up by the Client via the Application or by the car wash owner;
Application - software and service used for paying for services rendered at car washes via loyalty cards at Partners' car washes;
Client - a natural person with at least partial legal capacity, a legal person, or an organizational unit without legal personality, who uses services within the Application;
Partner - a car wash owner who offers loyalty cards for the purchase of car washing and cleaning services by the Client;
Transaction - a sales transaction of a product or service paid for using a loyalty card;
Terms and Conditions - Terms and Conditions of the “BKFPay” mobile application.

Using the Application means acceptance of these Terms and Conditions. By registering in the Application, the User confirms that they have read the Terms and Conditions and undertakes to comply with them.

§2.

[Purchase of Loyalty Cards]

The Application allows Clients to purchase and top up loyalty cards for Services offered by Partners cooperating with the Application.
Loyalty cards are available in digital form and are assigned to the Client in the Application.
The purchase of a loyalty card takes place through the Application after logging into the user account, selecting a card, accepting the purchase conditions, and making a payment.
Payments for loyalty cards can be made using available payment methods, such as payment cards, electronic wallets, or other forms made available in the application.

§3.

[Registration in the Application]

To use the Application, the Client must download the application and install it on a mobile device via an online store appropriate for the operating system used (Android or iOS), and register in the Application. The Client must have Internet access.
Registration (account creation) in the Application is done by filling out the registration form in the Application. During registration, the Client sets an individual password for the Application. Account activation occurs through verification using an individual link sent to the Client's e-mail address provided during registration.
During registration, the Client consents to the processing by the Application owner, as well as affiliated entities, and Partners, of the Client's personal data provided to the extent indicated in these Terms and Conditions.
By registering, the Client enters into an agreement for the provision of electronic services by the Partner and I2M sp. z o.o. within the Application.
After registration, the Client is obliged to keep the provided information up to date. Failure to do so is the Client's responsibility.
The Client has the right to change the password after registering in the Application. The new password should remain for their exclusive use and should not be disclosed to third parties.
Upon conclusion of this agreement for the provision of electronic services, I2M sp. z o.o. grants the Client a free and non-exclusive license to use the Application for the purpose of using the Partner's services. Any other use, as well as making any changes to the Application, its decompilation, sale, distribution, lending, or granting further licenses, is prohibited. The license is granted for the duration of this Agreement.

§4.

[Rules for Using Loyalty Cards]

The loyalty card entitles the Client to use a specified number of Services offered by the selected Partner, in accordance with the Partner's car wash usage regulations and the current price list at the Partner's car wash.
Loyalty cards are valid for the period specified at the time of their purchase.
Loyalty cards are not exchangeable for cash or other means of payment.
The purchase of loyalty cards, including their top-up, is carried out via a payment gateway (Przelewy24, PayU), and thus, for payment authorization, the Client will be redirected to an external payment system where the Client selects a convenient payment method. In the case of positive authorization, the payment systems mentioned in the preceding sentence will transfer the funds to the Partner, which will be visible on the respective loyalty card.
The Partner will issue sales documents in electronic form, which will be sent to the Client at the e-mail address provided in the Client's account in the form of a VAT invoice or electronic receipt immediately after purchasing/topping up the loyalty card in the Application, in the form of an electronic PDF file. To obtain a VAT invoice, the Client should contact the Partner to provide the necessary data for the invoice. The declaration to receive an invoice must be made before purchasing the Loyalty Card.

§5.

[Using the Application]

Using the Application does not entail any fees payable to the Application owner or the Partner. Fees may be charged by mobile network operators, and the amount of these fees is determined by the respective mobile network operator. Fees may also be charged by other entities participating in the electronic payment process based on their applicable commission and fee schedules.
The Client acknowledges that proper use of the Application requires using it on a mobile device with an active SIM card. I2M is not liable for the inability to use the Application as a result of SIM card deactivation by third parties, regardless of whether the Client contributed to it or not.
The Client, in their own interest, should secure the login data for the Application and the mobile device on which the Application is installed (especially if the device auto-fills login data in the Application). The Client should inform I2M of any instances of device loss, suspected use of the Application by third parties, or suspected acquisition of login data by third parties. If the Client forgets the login password, they can use the appropriate functionality of the Application to obtain a new password via an e-mail message sent to the e-mail address they provided.
The Client is solely responsible for securing the mobile device used to access the Application against electronic threats, and in particular, should install antivirus software and software protecting against third-party takeover of the device on the mobile device used to access the Application.
In case of suspected use of the Application by third parties, loss or theft of the device on which the Application is installed, as well as in case of SIM card blockage or loss, the Client is obliged to immediately notify I2M of the event in order to block the Client's account. Reactivation of the Client's account will be possible by I2M after additional verification of the Client's identity.

§6.

[Obligations of I2M]

I2M undertakes to ensure the smooth and uninterrupted operation of the Application, and to enable the Client to use it in accordance with its intended purpose.
I2M is entitled to periodically suspend the operation of the Application for repairs, improvements, or troubleshooting, and is obliged to inform the Client in advance, unless it is a special case where I2M may proceed without prior notification to the Client.
I2M is not liable for the inability to use the Application if such inability results from reasons attributable to third parties, e.g., telecommunication network operators, online payment systems, the Partner, etc.

§7.

[Termination of the Agreement]

Each party is entitled to terminate the agreement with a one-month notice period, effective at the end of a calendar month.
Termination of the agreement occurs by submitting a declaration of intent in electronic form, i.e., by using the appropriate functionality of the Application or by sending an electronic message to the e-mail address indicated by the other party.
The agreement may be terminated by I2M with immediate effect in the event of a gross violation by the Client of any provision of the Terms and Conditions.

§8.

[Processing and Protection of Personal Data]

The Client acknowledges and accepts that using the Application involves the necessity of providing reliable and true personal data as referred to in these Terms and Conditions. Providing the Client's personal data is voluntary; however, without providing it, the use of the Application will be limited or impossible.
The controller of the Client's personal data is I2M sp. z o.o. with its registered office in Skarbimierzyce, Skarbimierzyce 22, 72-002 Dołuje, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Szczecin-Centrum in Szczecin, XIII Economic Division of the National Court Register, under KRS number 0000434002, NIP 8513165236, REGON 321263159.
The Client understands and accepts that using the Application involves the necessity of transferring the Client's personal data to third parties for the purpose of processing electronic payments, to which the Client consents. However, the scope of personal data does not include the Client's payment or credit card details, which are not accessible to I2M sp. z o.o. and are not processed by I2M sp. z o.o.
The Client may at any time request the updating and correction of personal data. The Client may at any time request the deletion of personal data, which is tantamount to termination of the agreement, as using the Application is not possible without personal data. However, the Client cannot request the deletion of personal data that has been processed in the past for the purpose of executing the agreement and electronic payments.
The Client has continuous access to their personal data through the Application, where they can review, update, and correct their personal data on an ongoing basis.
To prevent the acquisition and modification of personal data transmitted electronically by unauthorized persons, I2M sp. z o.o. with its registered office in Skarbimierzyce provides technical measures for securing electronic data transmission. The Client's personal data is stored in accordance with applicable regulations in this regard and for the period indicated therein. The processing of the Client's personal data and its disclosure to third parties will take place via electronic encryption systems. Disclosure or transfer of the Client's personal data may occur in cases specified by generally applicable law.
The Client's personal data will not be transferred to third parties for marketing purposes without the Client's express consent.
I2M sp. z o.o. is not liable for the processing of the Client's personal data by third parties in a manner inconsistent with applicable rules, and in particular – by disclosing or transferring it to third parties.
By registering in the Application, the Client consents to the processing of their personal data by I2M sp. z o.o. with its registered office in Skarbimierzyce (Skarbimierzyce 22, 72-002 Dołuje, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Szczecin-Centrum in Szczecin, XIII Economic Division of the National Court Register, under KRS number 0000434002, NIP 8513165236, REGON 321263159) and declares that the provision of personal data is voluntary and has been informed of the right to request access to their personal data, its rectification, deletion, or restriction of processing, the right to object to processing, and the right to data portability, as well as the right to withdraw consent to the processing of the Client's personal data at any time.
To withdraw consent for the processing of personal data (if data processing is based on previously granted consent by the controller), an e-mail message should be sent to the controller's address: support@i2m.pl requesting the withdrawal of consent.

§9.

[Complaints]

The Client has the right to file a complaint in case of improper functioning of the Application, particularly regarding the purchase of loyalty cards. I2M is not responsible for the quality of services offered at the Partner's car wash. Any complaints not related to the proper functioning of the Application will not be considered.
Any comments and complaints regarding the functioning of the Application should be submitted via the "Report a problem" form in the Application or to the e-mail address: support@i2m.pl .
In the complaint, the Client should provide at least: their name and surname, correspondence address or e-mail address if the Client chooses this method of contact, the type and date of occurrence of the reasons for the complaint, and all circumstances justifying the submission of the complaint. If the complaint lacks data enabling its proper consideration, I2M may ask the complainant to supplement the data.
I2M will respond to the Client's complaint within 14 days from the date of its receipt, subject to para. 1 above. The response will be sent to the Client's correspondence address or e-mail address indicated by the Client in the complaint (or, if not indicated in the complaint, to the e-mail address assigned to the Client's account).
Any complaints regarding the use of funds at the Partner's car wash, including any issues concerning settlements at the Partner's car wash, quality of services offered, etc., should be directed to the owner of the car wash where the funds from the purchased loyalty card were used.

§10.

[Final Provisions]

I2M sp. z o.o. is entitled to unilaterally introduce changes or additions to these Terms and Conditions at any time. Information about the changes, along with the new wording of the Terms and Conditions and the effective date, will be delivered to the Client via e-mail to the address indicated in the Application registration process. Non-acceptance of the new Terms and Conditions by the Client is grounds for immediate termination of the agreement by I2M sp. z o.o.
The Client, being a consumer, is entitled to withdraw from the agreement based on the provisions of the Act of 30 May 2014 on consumer rights.
The Application operates in the Polish language.
In matters not regulated in these Terms and Conditions, the provisions of the Civil Code and other generally applicable laws in the territory of the Republic of Poland shall apply.