Terms of Service within the Program

Bizky Prime

CHAPTER I

INTRODUCTION

§1. Introduction

1. These terms and conditions (the “Terms and Conditions”) set out the rules and conditions for the provision, by Bizky PL 2 spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, Al. Ks. Poniatowskiego 1, Staircase K4, Level 1, 03-901 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, 12th Commercial Division of the National Court Register, under KRS number 0001066021, NIP 7123464025 (the “Organizer” / “Administrator”), of a practical support program for learning and developing entrepreneurship under the name “Bizky Freelance Prime Program” (the “Program”, “Bizky Program”).
2. The provision of the support referred to in item 1 of this paragraph is carried out on the basis of these Terms and Conditions together with their appendices.

§2. Definitions

Administrator/Organizer – Bizky PL 2 spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, Al. Ks.  Poniatowskiego 1, Staircase K4, Level 1, 03-901 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, 12^th Commercial Division of the National Court Register, under KRS number 0001066021, NIP 7123464025.

Costs – costs incurred in connection with the operation of the Project. Mailing / Newsletter – a service consisting of sending all information on the Administrator’s activities to a Participant who has consented to receive the Mailing/Newsletter after voluntarily providing their e- mail address.

Payment Operator – an external operator through whom payments are made..

Recurring Payments – debiting the account of a User or a Project Participant at specified times using a debit or credit card.

Project – a business undertaking run by the Organizer in connection with the implementation of the Program and the testing of a business idea by the Program Participant.

Organizer’s Representative – a person authorized by the Organizer’s Management Board, within powers of attorney, to perform specific activities under the Bizky Program.

Service Terms and Conditions -these terms and conditions governing the rights and obligations of the Organizer and the Program Participant and the rules for the provision of services by the Organizer.

Service/Platform – an internal IT system used by the Organizer for creating and handling documentation related to the Project’s activities and for communication with the Program Participant.

Cookies – short text files constituting IT data used for browsing the Platform’s content, stored on the end device of users.

Detailed Cost Specification – the detailed cost specification set out in these Terms and Conditions.

Website – the website available at www.bizky.ai describing the services offered by the Organizer and containing an interactive registration form enabling joining the Bizky Program and concluding an Agreement with the Organizer.

Program Participant/Project Participant – a natural person acting for professional purposes who has been qualified by the Organizer to join the Program and has effectively concluded an Agreement with the Organizer.

Agreement – an agreement governing the rights and obligations of the Organizer and the Program Participant, concluded on the basis of the Terms and Conditions for service provision under the Bizky Freelance Prime Program.

Service – activities carried out by the Organizer in exchange for recurring payments.

User – a person browsing the Website content and/or using the Platform.

Partner – a natural person acting for professional purposes who has been qualified by the Organizer to join the Bizky Program and, with the Program Participant’s consent within a given Project, has joined as a co-runner and has effectively concluded an Agreement with the Organizer and the Program Participant. Provisions concerning the Program Participant apply accordingly to the Partner, with the reservation that the Partner and the Program Participant who jointly run a Project use one and the same indivisible package of services provided under these Terms and Conditions.

CHAPTER II

GENERAL RULES

§1 General Provisions

1. These Terms and Conditions set out the rules for joining the Bizky Freelance Prime Program and using services under it.
2. Each User, before joining the Bizky Program, should read these Terms and Conditions.
3. The Administrator provides the Terms and Conditions to Users free of charge in an ICT system and in a manner enabling them to be downloaded, saved, and printed.
4. From the moment the Platform and the Website are used, each User is obliged to comply with these Terms and Conditions.
5. The Administrator reserves the right to decide which technical functionalities of the Platform are made available to Users.
6. The Administrator makes every effort to ensure that information presented on the Website is as up to date as possible.
7. The User and the Program Participant have no authorization/power of attorney to make or receive declarations of intent or knowledge on behalf of and for the benefit of the Administrator.

§2 Technical Requirements for Using the Platform

1. Users should meet the following technical requirements:
   1. have a device capable of transmitting ICT data;
   2. have access to the Internet;
   3. have an installed web browser (Internet Explorer, Chrome, Safari, Mozilla Firefox, Opera – or newer versions);
   4. have cookies and Java scripts enabled.
2. The Administrator is not obliged to provide the devices and/or software referred to above.
3. Installation of the software referred to in section 1 above is the subject of a separate license agreement between the User and the licensor.
4. The Website collects information contained in cookies, which are text files containing an identifier of the device used by the User.
5. The User decides whether to use cookies.
6. The Administrator informs that disabling cookies may affect functionalities available on the Platform.

CHAPTER III

Services provided under the Bizky Freelance Prime Program

§ 1 General Information

1. Under the Bizky Freelance Prime Program, the Organizer supports running the Project based on a business idea developed by the Program Participant.
2. During the Program, the Participant acts for professional purposes, i.e., cooperates in developing the Project, in particular through ongoing consultations, participation in meetings, developing development strategies, searching for clients, indicating possible sales markets for services or goods produced within the Project, and searching for potential suppliers of goods and services.
3. Within the Project’s operations, the Organizer will implement the business idea described in the registration form.
4. As part of participation in the Bizky Freelance Prime Program, the Organizer grants the Participant access to an account in the internal IT system – the Platform – used for Project handling, including providing a view of the Project’s financial, accounting, HR, and legal documentation maintained electronically, enabling the Participant to review and analyze data relating to undertaken activities.
5. The Organizer will conduct financial settlements of the Project’s operations on a separate Project bank account (Project sub-account).
6. The Project name indicated in the registration form is used to identify the business undertaking within the organizational structure. Towards third parties, it may be used only for identifying goods or services offered as part of the Project’s activities.
7. As part of supporting Project development, the Organizer reserves the right to create partnership offers for Program Participants (Partnership Program). The Participant will be informed about the creation and current offer of the Partnership Program via electronic communication channels, including via the Website www.bizky.ai. Use of Partners’ offers is based on separate terms and conditions of the Partnership Program, which will be made available to Participants together with the partnership offer. Costs related to using the Partnership offer will increase the Cost of running the Project.

§ 2 General Rules for Joining the Bizky Freelance Prime Program

1. An application to join the Bizky Freelance Prime Program is submitted by completing a dedicated registration form available on the website www.bizky.ai and accepting these Terms and Conditions.
2. The possibility of joining the Bizky Program is verified and confirmed each time by the Organizer.
3. Use of the registration form is free of charge.
4. By accepting the Terms and Conditions, the User submits the following declaration:
   1. I have voluntarily joined the Platform;
   2. I have read the Organizer’s Terms and Conditions;
   3. the data provided in the form is true and accurate.
5. By completing the registration form, the User provides, inter alia, the following data: first and last name, e-mail address, telephone number, PESEL number, residential address, Project name, and the scope of the intended business activity.
6. The Organizer reserves the right to verify the data provided by the User at any time, including confirming the User’s identity during the use of services. The Administrator also reserves the right to contact the User to clarify the above information necessary for the provision of services under the Platform.
7. Any change to the data provided while using the Services must be immediately reported to the Administrator.
8. The Organizer may refuse to admit the User to the Bizky Program if it obtains justified and reliable information that the User’s actions are unlawful, contrary to good morals, infringe the personal rights of third parties, or violate the legitimate interests of the Organizer.
9. By submitting the Registration Form, the User declares that:
   1. the data provided is complete, accurate, and does not infringe any third-party rights;
   2. the User is entitled to join the Bizky Program under these Terms and Conditions;
   3. the User has read and undertakes to comply with the Service Terms and Conditions.
10. Users submitting an application to join the Program and accepting these Terms and Conditions consent to receiving all information from the Administrator directly via the Platform or by e-mail to the address provided in the application.
11. Any consents given by Users require a separate electronic declaration by selecting the appropriate checkbox on the Website and/or the Platform, in particular regarding:
    1. acceptance of these Terms and Conditions;
    2. consent to the processing of personal data;
    3. optional consent to other marketing activities of the Organizer indicated on the Website and/or Platform.
12. Within 24 hours (twenty-four hours) of receiving the application, the Organizer will verify the data provided in the registration form and confirm the possibility of participation in the Bizky Program. The decision of the Organizer’s Representative does not require justification.
13. The period specified in section 12 includes business days only.

§ 3 Special Rules for Joining the Bizky Freelance Prime Program

1. The Bizky Freelance Prime Program is open to natural persons who:
   1. do not conduct business activity;
   2. conduct business activity, provided that the scope of such activity does not overlap with or is not similar or related to the business activity to be carried out under the Project within the Bizky Program;
   3. do not sit on governing bodies of organizational units without legal personality or on management bodies of legal entities;
   – unless one of the circumstances listed in section 2(a)–(i) below applies.
2. The Program does not allow business undertakings/projects that:
   1. are contrary to generally accepted legal, moral, ethical, or social norms;
   2. violate or threaten to violate legal provisions or aim to circumvent the law;
   3. violate or threaten to violate third-party rights or involve political activity or agitation;
   4. involve activities requiring special permits, licenses, or concessions, gambling activities, activities regulated by the Gambling Act, or activities related to fundraising or crowdfunding;
   5. pose a threat to the natural environment;
   6. require the application of foreign law or where disputes would not be resolved by a Polish common court;
   7. are burdensome to other Project Participants operating under the Program;
   8. have not received a positive assessment from the Organizer’s Representative;
   9. pose a risk of causing damage or the risk of damage to the Organizer.
3. Only one business idea may be pursued within one Project; pursuing another idea requires a separate application and the establishment of a separate Project.
4. An Agreement with a person joining the Program is concluded on the terms specified in these Terms and Conditions.
5. By joining the Bizky Program, the User declares that:
   1. all activities undertaken within or in connection with the Project comply fully with Polish, foreign, and international law and do not aim to circumvent the law, and are consistent with the Service Terms and Conditions and the Organizer’s statutes;
   2. in the past, present, and future, the User has not and will not mislead the Organizer, its employees, associates, clients, public authorities, or any other entities in connection with the Project, cooperation with the Organizer, or concluded agreements;
   3. the User has not concealed and will not conceal any information that may be relevant to the Project, its transparency, or proper documentation;
   4. the User has not engaged, does not engage, and will not engage in any criminal activity or falsification of documents, including issuing, receiving, producing, altering, forging, or using false agreements, invoices, or other documents, or engaging in any activity exposing the Organizer to criminal, fiscal, or other legal or financial liability.

§ 4 Agreements Concluded under these Terms and Conditions

1. Under these Terms and Conditions, an agreement for participation in the Bizky Program is concluded between the Organizer and the Project Participant.
2. The Parties jointly declare their intent to conclude the Agreement, acknowledging that an Agreement concluded in this form is legally equivalent to an agreement concluded in writing, unless the law requires another form under penalty of nullity.
3. Any subsequent amendments to the Agreement must, under pain of nullity, be made in documentary or electronic form, including via the Platform, or in writing.
4. The conclusion of the Agreement requires:
   1. acceptance of these Terms and Conditions;
   2. payment towards the costs of participation in the Program;
   3. positive verification by the Organizer;
   4. providing credit or debit card details required by external operators (number, expiry date, CVV/CVC code, cardholder’s name).
5. The Agreement for participation in the Bizky Program is concluded for an indefinite period.
6. The Bizky Program is activated for the Participant on the date of signing the Agreement, subject to payment of the basic cost.
7. The Agreement is conditional and enters into force upon payment of the basic cost calculated under these Terms and Conditions and the selected variant indicated on the pro forma invoice. The pro forma invoice is delivered to the Participant’s e-mail address within 3 business days of concluding the Agreement.
8. The payment must enable identification of the Participant as the payer.
9. If the payment is not made within 14 days of concluding the Agreement, the Agreement is deemed not concluded and produces no legal effects.

CHAPTER IV

Rules of Project Operation

§ 1 General Provisions

1. For participation by the Program Participant in the Program, the Organizer does not charge remuneration, subject to the obligation of the Program Participant to bear and settle the Costs incurred in connection with the operation of the Project.
2. The Program Participant is entitled to the profit generated by the Project. The Project’s profit constitutes the amount of revenue obtained from its operation reduced by the Costs related to the operation of the Project.
3. Any excess of Costs related to the operation of the Project over the Organizer’s revenues obtained in connection with the Project constitutes a loss (“Loss”).
4. If the Project does not generate sufficient revenue to cover the Losses, the Program Participant is obliged to make an additional payment in the amount necessary to fully cover the Loss. Such additional payment must be made within 5 calendar days from the end of the month in which the Loss was recorded. Where it is made probable that a Cost may arise that could cause a Loss in the Project, the Organizer is entitled to request the Program Participant to make an advance payment towards the Loss.
5. The Organizer is entitled to suspend any payments of financial funds accumulated on the separate bank account of the Project if it becomes probable that Losses exist or that there are liabilities/Costs of which the Organizer has become aware on the basis of held documents.
6. The Organizer is entitled to include in the Costs of operating the Project any reserves/security created to cover liabilities whose existence is probable. If the circumstances justifying the creation of such reserve/security cease to exist, the amount thereof shall increase the revenue generated within the Project.
7. If Losses or any claims or Costs related to the Project’s activity are revealed after participation in the Program has ended, the former Program Participant shall be obliged to cover such amounts in full.
8. The Parties may, by way of separate agreements, agree that the Program Participant will perform specific activities necessary to fulfil the Project’s obligations towards third parties.
9. In order to ensure the proper economic development of the Project, the Organizer may request the Program Participant to prepare a report including at least:
   1. an analysis of the Project’s operation;
   2. identified factors supporting or hindering the Project’s development;
   3. an analysis of the validity of the adopted business assumptions;
   4. a strategy for further development and appropriate cooperation in developing the Project.
10. The Program Participant is obliged to perform activities under the Bizky Program personally and is not entitled to entrust their performance to a third party.
11. The Program Participant is obliged to diligently and timely fulfil obligations towards the Organizer, in particular those specified in these Terms and Conditions, decisions of the Organizer’s Management Board, or decisions of the Organizer’s Representative. At any time, the Program Participant is obliged to provide comprehensive explanations regarding all matters related to the operation of the Project and to inform the Organizer in advance of the intention to commence or the commencement of individual business activity.
12. The Program Participant is obliged to comply with all internal procedures concerning the operation of the Project under the Program, in particular regarding document circulation and archiving. A breach of such procedures constitutes a material breach of these Terms and Conditions. The content of such procedures may be delivered via electronic communication channels, including disclosure on the Program Participant’s individual account in the Organizer’s IT System or on the website www.bizky.ai.
13. In the event of a breach of the obligations described in this paragraph, the Organizer is entitled to issue a request to the Program Participant to immediately cease the breach. The costs of preparing and sending such request are specified in Appendix No. 1.
14. Where, in addition to the Program Participant, Project Partners operate within the Project, the liability of the Program Participant and such Partners shall be joint and several. The Participants (Partners) may designate one person to exercise the rights and obligations provided for in the Agreement. In such case, the remaining persons shall refrain from exercising their rights towards the Organizer. Where a Project is operated jointly by several Program Participants (Partners), they submit declarations of joint and several liability towards the Organizer for obligations incurred under the participation Agreement.

§ 2 Rules for bearing the Costs of Project operation

§ 3 Method of Bearing Project Operating Costs

1. The User may make a payment towards basic costs via one of the payment methods indicated at www.bizky.ai, subject to this Regulations.
2. The User acknowledges that the Organizer may use external payment operators, which may require additional actions, including acceptance of payment terms or identity verification.
3. The User is obliged to provide the data required by the external payment operator.
4. Payments towards costs are collected automatically by the Organizer based on the User’s or Project Participant’s authorization.
5. Credit or debit card data are stored by the external payment operator.
6. The User or Project Participant consents to making payments through the chosen payment operator and undertakes to ensure that sufficient funds are available for their execution.

§ 4 Recurrence

1. The external payment operator may allow payments towards costs using standing order/direct debit.
2. Under recurring payments, funds are collected automatically by the payment operator.

§ 5 Disciplinary Procedures

1. If the Program Participant breaches the provisions of these Regulations (including delays in covering Costs, timely settlement of documents related to the Project’s activity, e.g., VAT/PIT/ZUS/cash register, exceeding 5 business days), the Organizer calls upon them to fulfill the breached obligation (a “Demand”). Each time a Demand is issued, the Project is charged an Additional Cost for preparing and sending it, according to Appendix No. 1. A Demand means not a single document (including an email), but a demand concerning remedying each individual breach committed by the Program Participant; for each breach the Project will be charged the amount for preparing and sending the Demand.
2. In case of arrears in covering Costs or continued breaches despite the deadline specified in the Demand, the Organizer is entitled to:
   1. block the Project’s activity, including refusal to pay any funds accumulated on the separated bank account for the Project, including the Project’s Profit, refusal to provide training rooms, event registrations, access to the IT System, and other Organizer tools;
   2. terminate the Agreement for participation in the Program with 1-month notice, effective at the end of the month, without additional demand.
3. If the breach is gross and beyond doubt, in particular if the Program Participant’s action or omission violates the law, the Organizer may terminate the Agreement (including with immediate effect) without additional demand.
4. Termination does not release the Program Participant from the obligation to cover Costs (including costs of handling the case and costs connected with the Organizer’s defense or actions to limit damage) and to repair damages caused.

CHAPTER V

Termination of Participation in the Bizky Program

§ 1 General Rules

1. The agreement concluded on the basis of these Terms and Conditions may be terminated by the User with one month’s notice, effective at the end of the month. Termination must be made in written, documentary form using the Platform or by sending an e-mail message to: wyjscia@bizky.ai. This provision does not prejudice other provisions contained in these Terms and Conditions.
2. Without prejudice to other provisions of these Terms and Conditions, the Organizer may terminate the agreement with immediate effect in the event of:
   1. a gross breach of the provisions of the agreement (including the Terms and Conditions) by the Program Participant;
   2. causing damage or a risk of damage to the Organizer’s property;
   3. a third party bringing a claim against the Organizer in connection with activity conducted within the Project;
   4. infringement of the Organizer’s personal rights by the Program Participant;
   5. the Participant undertaking actions within the Project activity or committing omissions constituting a breach of law.
3. If the economic undertaking of the Program Participant goes beyond the framework of testing a business idea, in particular due to its significant financial turnover, the Organizer may terminate the agreement with one (1) month’s notice. Submission of a statement on termination of the Agreement is preceded by an analysis of the Project’s activity, which does not exclude the possibility of making individual arrangements between the Organizer and the Program Participant regarding participation in the Bizky Program.
4. Termination of the agreement by the Organizer takes place with one month’s notice, effective at the end of the month. Where the period required for liquidation of the Project is longer than the notice period, the Parties accept that the notice period is extended until completion of the Project liquidation without additional actions.
5. On the day of submitting a statement on termination of the Agreement or occurrence of another circumstance causing termination, the Parties proceed to liquidation of the Project. The Program Participant is obliged to make settlements and conduct liquidation of the Project with the participation of the Organizer’s Representative and in agreement with them, in accordance with the detailed procedure of Project settlements provided via electronic communication channels.
6. During liquidation, current matters within the Project activity should be completed, Project assets monetized, unpaid receivables due to the Organizer collected, and Organizer liabilities arising from the Project activity satisfied, including covering all Costs.
7. In connection with liquidation of the Project, the Program Participant is obliged in particular to:
   1. terminate all agreements concluded within the Project activity and perform or settle performances under those agreements, or personally assume obligations from those agreements, obtaining necessary consents from the Project’s contractors and presenting relevant documents;
   2. timely fulfill obligations related to settlement of funds and cash registers if retail sales were conducted using a cash register;
   3. settle the Project’s bank accounts and funds accumulated thereon;
   4. liquidate or transfer data collected in personal data sets, providing prior information to affected entities;
   5. settle and deliver HR documentation related to agreements concluded within the Project;
   6. settle fixed assets and asset components constituting intangible assets and legal rights accumulated within the Project.
8. A Project that used a cash register is obliged to return it at its own cost and risk to the Organizer’s representative, including costs of deactivation and service, within 14 days of submitting notice of termination or within 3 days from termination on another basis. Failure to return the cash register results in charging the Project an Additional Cost according to rates specified in Appendix No. 1.
9. After completion of the liquidation period, the value of the Project’s assets is calculated. Assets remaining after liquidation are paid to the Program Participant in accordance with relevant legal provisions. For fixed asset components not monetized, the Organizer undertakes actions aimed at reselling or transferring ownership to the Program Participant.
10. If, after completion of liquidation, a third party raises a claim or alleges infringement of its rights, liquidation is reopened and the Project is obliged to bear the Basic Cost. Reopening does not require a separate agreement or additional formal actions, and the provisions of the Terms and Conditions continue to apply.
11. Reopening of liquidation also occurs in cases of revealing circumstances significantly impacting results and decisions taken during liquidation, including repayment of previously written-off receivables, disclosure of incomplete matters, unpaid liabilities, or emergence of additional costs related to Project activity.
12. The decision to complete or reopen liquidation of the Project is made by the Organizer. Reopening may occur due to previously unknown claims or liabilities of the Project or newly discovered documents related to Project activity.

§ 2 Contractual right of withdrawal arising from the Agreement

1. In the case of concluding an agreement on the basis of these Terms and Conditions, the Project Participant is entitled to a contractual right to withdraw from the agreement without giving a reason within 14 days from concluding the agreement, provided that within that time the person:
   1. did not commence activity within the Bizky Program;
   2. did not undertake any legal acts obligating or burdening the Project or the Organizer;
   3. did not use the Partnerships program or services covered by the basic cost or additional costs.
2. In the event of commencement of activity by a person who signed the Agreement of participation in the Program and performed any of the actions described above before the expiry of 14 days from concluding the Agreement, the contractual right of withdrawal expires at the moment of performing that action.
3. In order to withdraw from the Agreement, the person who concluded the agreement with the Organizer should submit a statement of withdrawal from participation in the Program. The statement may be expressed in written form and sent to the address: al. Ks. Poniatowskiego 1, 03-901 Warsaw (with the note “withdrawal”), or in documentary form and sent via e-mail to: wyjscia@bizky.ai.
4. In the event of effective withdrawal, the Agreement on participation in the Bizky Program is deemed not concluded.
5. In the event that joining the implementation of the described business idea within the Program requires in-depth analysis, including:
   1. examination of requirements or specialized legal, accounting, or HR advisory;
   2. undertaking special organizational or financial actions by the Program Participant, legal, or administrative;
   3. providing security specified by the Organizer or obtaining additional insurances, registrations, or permits;
   and the Program Participant did not meet the conditions specified above, then after one month (30 days) from concluding the Agreement on participation in the Bizky Program, the Parties may terminate the Agreement without additional notice, by mutual agreement. In such case, provisions on the notice period do not apply. Termination in this mode does not release the Participant from bearing the costs of participation in the Program for the period in which the agreement was in force.

§ 3 Statutory Right of Withdrawal

1. Pursuant to the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827 as amended), the Organizer’s customer being a consumer has the right to withdraw from the concluded agreement in writing, without giving a reason, within fourteen days from the day of concluding the Agreement. The statement may be submitted using the form template posted at www.bizky.ai. Use of the said form is optional.
2. Pursuant to Article 38 of the Act on consumer rights, the right of withdrawal from a distance contract does not apply to the consumer in relation to contracts:
   1. for provision of services for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the consumer’s explicit and prior consent, and the consumer was informed before commencement that after performance they would lose the right of withdrawal, and acknowledged this;
   2. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur does not exercise control, and which may occur before expiry of the withdrawal period;
   3. in which the subject of performance is a non-prefabricated item manufactured according to the consumer’s specification or serving to meet their individualized needs;
   4. in which the subject of performance is an item subject to rapid deterioration or having a short shelf life;
   5. in which the subject of performance is an item delivered in sealed packaging, which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;
   6. in which the subject of performance are items which, after delivery, due to their nature, become inseparably connected with other items;
   7. in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the time of concluding the sales contract, delivery may occur only after 30 days, and the value depends on market fluctuations beyond the entrepreneur’s control;
   8. in which the consumer explicitly requested that the entrepreneur come to them to perform urgent repair or maintenance; if the entrepreneur additionally provides services other than those requested by the consumer, or delivers goods other than spare parts necessary to perform the repair or maintenance, the right of withdrawal applies only to the additional services or goods;
   9. in which the subject of performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
   10. for delivery of newspapers, periodicals, or magazines, except for a subscription contract;
   11. concluded by way of a public auction;
   12. for provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract specifies the day or period of service provision;
   13. for supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the entrepreneur started performance with the consumer’s explicit and prior consent, who was informed before commencement that after performance they would lose the right of withdrawal, and the entrepreneur provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Act on consumer rights;
   14. for provision of services for which the consumer is obliged to pay the price, in cases where the consumer explicitly requested that the entrepreneur come to them to perform a repair, and the service has already been fully performed with the consumer’s explicit and prior consent.
3. In the event of withdrawal from a contract for provision of electronic services, the User is refunded all payments received from them, without undue delay, and in any case no later than 14 days from the day on which the Service was informed of the User’s decision to exercise the right of withdrawal.
4. The Service makes the refund using the same payment method as used by the User, unless the User expressly agreed to another refund method that does not involve any costs for them.

§ 4 Cooperation with the Organizer after the Program period

1. After termination of the agreement, Bizky Program Participants who established a business activity have the possibility to use the Organizer’s services provided in programs carried out by the Organizer, on the terms specified in their respective regulations.
2. After three months of participation in the Bizky Program, the Participant acquires the right to take part in a qualification procedure to obtain a capital investment within AIP Seed. The conditions for using the capital investment are specified in the recruitment conditions by AIP Seed on the website: www.aipseed.vc.
3. If, within 1 year from the day of ending participation in the Bizky Program, the Participant plans to obtain or obtains financing through a capital entry or another form of capitalization of the undertaking tested or developed within the Program, the Participant is obliged to inform the Organizer in writing and call on the Organizer to exercise the right of first refusal. The Organizer retains, within 1 year from the end of participation, the right of first refusal to participate in the capital investment of such undertaking in relation to other investors, unless, after notification of the planned capital investment, the Organizer informs the Participant of resignation from the right of first refusal.
4. After termination of the Agreement, a former Bizky Program Participant may use advisory services carried out by the Organizer, according to the relevant rates indicated in Appendix No. 1, specified for persons who are no longer Program Participants.

CHAPTER VI

LIABILITY

§ 1 General Principles

1. The Program Participant acknowledges and accepts that the Organizer is in no way responsible for achieving specific financial results of the Project, obtaining profit from any actions undertaken within the Project, achieving the forecast level of development, or obtaining other results assumed by the Program Participant. In particular, activity conducted within the Project is burdened with the risk of loss of financial liquidity, the risk of independent market and macroeconomic events, and operational risk. The Program serves solely to verify the validity of the assumptions of the business idea and is not a substitute for conducting independent business activity. The Organizer does not collect remuneration, subject to the Participant’s obligation to bear and settle the Costs arising in connection with the functioning of the Project.
2. The Program Participant is not liable towards third parties for actions or omissions of the Project undertaken within the economic undertaking conducted by the Project. However, if such actions or omissions cause or could have caused damages or obligated the Organizer to incur costs, the Program Participant is obliged to return, compensate, or settle with the Organizer for the amounts incurred.
3. The Program Participant does not have authorization or power of attorney to submit or receive declarations of intent or knowledge on behalf of and for the Organizer within the Project’s operation.
4. None of the provisions of the Terms and Conditions may be interpreted as granting the Program Participant authorization or power of attorney to submit or receive declarations of intent or knowledge on behalf of and for the Organizer, including making dispositions or incurring obligations.
5. The Program Participant accepts and undertakes to duly and exhaustively inform third parties about the lack of authorization or power of attorney to submit or receive declarations of intent or knowledge on behalf of and for the Organizer or the Project. This obligation concerns, in particular, conducting talks, correspondence, or undertaking other forms of representing the Project or the Organizer towards third parties in matters related to testing the economic undertaking conducted within the Project. In the event of breach, the Program Participant must immediately take all actions to remedy the effects resulting from the breach.
6. If a third party raises an allegation against the Organizer regarding infringement of rights, breach of law, or causing damage in connection with conducting the Project’s activity, the Organizer will immediately notify the Program Participant. Such notification obliges the Program Participant to provide necessary explanations and assistance.
7. The Program Participant is obliged at all times to immediately undertake actions aimed at preventing damage to the Organizer’s property, including limiting the extent of damage and counteracting situations resulting in claims against the Organizer. The Program Participant must immediately notify the Organizer of such circumstances.
8. In the event the Program Participant causes damage related to the Project’s activity to any third parties or to the Organizer, including damage from non-performance or improper performance of obligations or disposition of Project assets, the Program Participant is obliged to release the Organizer from liability for all claims of third parties. In particular, the Program Participant shall:
   1. cause substitution in place of the Organizer as a party;
   2. release the Organizer from the resulting debt, obligation, or cost;
   3. assume the obligation or otherwise participate in the proceedings (e.g., as an intervener or participant);
   4. cover all costs resulting from the breach, including adjudicated amounts, compensation, court costs, legal representation, or costs of amicable settlement.
9. To increase the market potential of the business idea within the Bizky Program and improve the chances of launching business activity after participation, the Organizer recommends that the Program Participant participate in e-learning classes, use educational materials available within the online knowledge base and IT System, and participate in meetings organized for Program Participants.

§ 2 Detailed rules

1. The User bears liability for late payment towards costs.
2. Additional fees indicated by external payment operators are borne by the User independently (commissions, currency conversion, etc.).
3. Updating payment method data occurs via the payment operator.
4. The Administrator bears no responsibility for content and information provided by Users, in particular for their truthfulness, timeliness, or reliability.
5. The Administrator is not responsible for unlawful actions of the Platform User if unaware of the facts and circumstances of their occurrence.
6. In the event of obtaining information about unlawful actions of the Program Participant, the Organizer is obliged to immediately call for cessation thereof.
7. It is prohibited for the Project Participant to provide unlawful content or use the Platform in a manner contrary to law, good morals, or infringing the personal rights of third parties or the justified interests of the Program Organizer.
8. The Administrator does not consent to copying, modifying, disseminating, or using in any other manner any works made available within the website and the Platform, except for use within the functionalities provided by the Platform.
9. The Project Participant undertakes to respect economic copyrights and rights resulting from registration of inventions, patents, trademarks, utility, and industrial designs of both other Users and the Platform.
10. Messages sent by the Administrator are sent within available functionalities on the Platform or to the e-mail address provided by the Project Participant.
11. The Service User or any person having knowledge of infringements of rights may report them by sending a message to: support@bizky.ai, indicating the type of infringement and the entity who committed it.

CHAPTER VII

Rules for Processing Personal Data

§ 1 General Principles

1. The controller of personal data, the processing of which is necessary to enable performance of services under the Agreement, is the Organizer.
2. Contact details of the Controller in matters related to data processing: rodo@bizky.ai.
3. Personal data will be processed only for the purpose and to the extent necessary to implement the provisions of these Terms and Conditions and the agreement concluded on its basis.
4. Providing personal data is voluntary, but necessary to provide services for the Project Participant.
5. In processing, appropriate technical and organizational measures will be taken to protect against unauthorized or unlawful processing of personal data, and against accidental loss, destruction, or damage to personal data. Personal data will not be stored longer than needed and permitted by law, in particular for the period necessary to achieve the purposes and resulting from social insurance regulations, tax regulations, and civil code regulations. The Controller will also not subcontract processing of personal data without the User’s prior consent, except for carefully selected suppliers performing specified functions on behalf of the Controller (e.g., companies helping the Controller in providing customer services, technological services, storing and combining data, processing payments, and delivering orders).
6. The Project Participant has the right to access the content of their data and to correct, rectify, and (to the extent permitted by regulations) delete it, restrict processing, and object to processing. In the event of unlawful processing of personal data, the Participant also has the right to lodge a complaint with the supervisory authority competent for processing – the President of the Personal Data Protection Office seated in Warsaw (PUODO).

§ 2 Privacy policy and cookies policy

1. Detailed terms regarding the privacy policy and cookies files have been posted on the website: www.bizky.ai.
2. The Administrator undertakes to properly and lawfully process personal data.
3. The website and the Platform may contain links to other websites operated by other entities, which have their own privacy rules and policies. In such situations, the User is obliged to familiarize themselves with them.
4. By joining the program, the User consents to the provisions indicated in this Chapter of the Terms and Conditions.
5. Within the Bizky Program, the Organizer processes the following User data: personal data, including postal address, e-mail address, phone number, date of birth, PESEL number, bank account number; login data; information on the competent tax office; type of User (self-employed/employee under a civil-law contract); possible website address; company name and type, as well as form of conducted business activity; information on browsing the Platform; information on all devices used to access our Services (including brand, model, operating system, IP address, browser type, and mobile device identifiers).
6. The Administrator may also use personal data from other sources such as specialist companies providing information, business partners, and public registers.
7. Processed personal data serve the Administrator in particular to: manage transactions, perform agreements, handle complaints, requests and appeals of Users, ensure correct performance of payment services, make individual payments, or carry out possible debt collection.
8. Lack of consent to processing of personal data by the Administrator prevents the provision of services under these Terms and Conditions.
9. Used personal data ensure for the Administrator: availability of services, management of User accounts, contact with the User, possibility to detect and prevent fraud, crimes or other activity prohibited by law, and fulfillment of obligations resulting from legal provisions.
10. The Administrator uses cookies files and similar technologies to improve the quality of service.
11. Some cookies files are necessary and should not be disabled in order to use all Platform functions.
12. Cookies files constitute IT data – in particular text files – placed by the website and the Platform during each visit on the User’s terminal device.
13. The Platform server automatically registers information sent by the User’s browser while displaying the site. Server logs may contain information such as network requests, IP address, browser type and language, date, and time of sending the request.
14. A detailed description of the cookies policy is available on the website: www.bizky.ai.

§ 3 Additional provisions regarding personal data

1. Personal data may be made available to other organizations or Users in the following circumstances:
   1. when required by law or a public authority (e.g., tax office, law enforcement bodies, or common or administrative courts);
   2. in order to establish, exercise, or defend the Organizer’s rights (including transferring personal data to other persons to prevent fraud and reduce credit risk);
   3. to an organization to which the Organizer sells or transfers any of his rights or obligations resulting from any agreement concluded with the User;
   4. to any legal successors related to our activity;
   5. Users to whom GDPR applies, after obtaining personal data of the other party (contractor) from the Organizer, are obliged to fulfill all obligations under GDPR and other relevant legal provisions, including exercising the rights they have under GDPR. Personal data obtained in this manner may only be processed for the purpose of using the Organizer’s services and may not be further processed for incompatible purposes, except with the User’s express consent.
2. In order to ensure data security, the Administrator uses computer safeguards such as:
   1. limiting access only to employees who need it to perform their official duties;
   2. enforcing physical, electronic, and procedural safeguards related to collection, storage, and disclosure of personal data;
   3. physical access controls to buildings and files;
   4. firewalls and encryption of data during transmission using the Secure Sockets Layer (SSL) protocol.
3. Despite taking appropriate technical and organizational measures to protect personal data, the Administrator cannot guarantee security of any personal data transmitted over the Internet.
4. Personal data may be transferred and stored at a destination outside the European Economic Area (“EEA”). They may also be processed by companies operating outside the EEA, which work for the Administrator or one of his service providers.
5. The period of processing personal data depends on the following factors:
   1. the reason for which they were collected;
   2. the time since they were collected;
   3. existence of a legal or regulatory basis for their retention;
   4. the need to protect the interests and rights of the User and the Organizer.
6. Additional offers and information about services are sent by the Administrator only to those Users who previously consented thereto. This consent may be withdrawn at any time.

§ 4 Joint controllership activities of personal data

1. Upon joining the Bizky Program, the Program Participant, during its duration, is obliged to co-participate in processing personal data, in particular to fulfill obligations resulting from 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), as well as the Act of 10 May 2018 on personal data protection (Journal of Laws 2018, item 1000, as amended).
2. The Program Participant and the Administrator undertake to:
   1. cooperate in fulfilling obligations;
   2. process entrusted personal data in accordance with the Terms and Conditions, GDPR provisions, and other generally applicable legal provisions;
   3. refrain from factual and legal actions that could in any way breach personal data security;
   4. cover, within their own scope, the costs and expenses related to proper fulfillment of obligations indicated in this paragraph.
3. The scope of data entrusted to the User includes only personal data collected in the Set.
4. The set of personal data includes categories of personal data in the form of contractors or potential contractors/clients of the Project Participant and includes:
   1. data identifying a person;
   2. contact data;
   3. information concerning professional activity;
   4. photo or image.
5. Personal data will be processed only to the extent and for the purpose necessary for the Administrator to implement the provisions of the Terms and Conditions and participation in the Bizky Program associated with them.

§ 5 Division of obligations within joint controllership

1. The Administrator, within joint controllership activities, is obliged in particular to:
   1. keep a register of personal data sets, indicating detailed processing purposes, categories of processed data, as well as categories of persons whose data are processed;
   2. provide the Project Participant with contact details of the Data Protection Officer referred to in Articles 37–39 of the Act;
   3. support the Project Participant in all proceedings conducted on the basis of legal provisions.
2. The Project Participant, within joint controllership activities, is obliged in particular to:
   1. ensure security of personal data processing by implementing appropriate technical and organizational measures, adequate to the type of personal data and the risk of infringement of rights of persons to whom the data relate;
   2. keep a record of processing activities, indicating detailed processing purposes, categories of processed data, as well as categories of persons whose data are processed;
   3. fulfill information obligations referred to in Article 13, Article 14, and Article 26(2) of the Act;
   4. before starting processing, perform an assessment of the effects of planned processing operations for personal data protection;
   5. fulfill obligations set out in Articles 35–36 of the GDPR;
   6. inform the Administrator upon identifying the need to perform an impact assessment for personal data protection, conduct consultations with the supervisory authority, and provide all necessary information in this respect.
3. In the scope of responding to requests of the data subject, the Administrator or the Project Participant who received the given request or statement will be competent. If the request is addressed to both of them, both will be obliged, each separately, to provide the response after prior agreement on a common position.
4. The provisions of section 3 above also apply in the case of notification by a third party of any breach of personal data protection.

§ 6 Ensuring security within joint controllership

1. The Project Participant undertakes to comply with principles and procedures of secure processing of personal data resulting from legal provisions (in particular provisions of Regulation 2016/679 and the Act on personal data protection) as well as recommendations of the President of the Personal Data Protection Office, and in particular to:
   1. secure personal data against disclosure to unauthorized persons, acquisition by an unauthorized person, processing in breach of Regulation 2016/679 and the Act, and against change, loss, damage, or destruction;
   2. keep documentation describing applied security measures;
   3. allow processing of personal data only by authorized persons, for whose actions and omissions he/she bears responsibility;
   4. keep a register of persons authorized to process data;
   5. designate a person administering the register;
   6. contractually oblige persons who will be authorized to process personal data and persons administering the register to keep in secrecy such personal data and methods of their protection, also after expiry of employment contracts and other titles shaping the employment relationship, as well as any other contracts, arrangements, and titles under which such persons provided services for the Project Participant;
   7. ensure control over what personal data, when, and by whom were entered, updated, or deleted in the Set and to whom they are transferred;
   8. keep in secrecy data obtained and processed in the process of implementing the Terms and Conditions and participation in the Bizky Program;
   9. inform the Administrator about any proceedings, in particular administrative or court proceedings, regarding processing by the Program Participant of the Set of personal data, about any administrative decision or ruling regarding data processing.
2. Possessed personal data will not be transferred or disclosed to any third party – directly or indirectly (subject to exceptions provided in these Terms and Conditions) – without the prior consent of the other Party.
3. The Administrator and the Project Participant will be released from the obligation to keep personal data confidential if the obligation to disclose them results from generally applicable legal provisions or from a final judgment or decision of a competent court or authority. Each time obtaining information about such obligation, the party obliged to disclose personal data is obliged to immediately inform the other joint controller.
4. The obligation of joint controllers of personal data to maintain confidentiality in relation to personal data processed in connection with participation in the Bizky Program is unlimited in time and continues regardless of its end.
5. The Administrator is entitled to audit conditions of personal data processing by the Project Participant in terms of their compliance with these Terms and Conditions and applicable provisions. For this purpose, the Administrator may request from the Project Participant necessary documents.

§ 7 Entrusting processing of personal data within joint controllership

1. The Administrator and the Project Participant may commission processors to perform specific activities within personal data processing. Processors may process personal data only for the purpose of performing activities for which personal data were provided and may not process personal data for any other purposes.
2. If activities indicated in section 1 are commissioned to a processor, the processor will be subject to personal data protection obligations set out in Article 28 of the GDPR, ensuring at least the same level of protection as set out in these Terms and Conditions.
3. In the event of non-performance by the processor of its obligations regarding personal data protection, the joint controller who entrusted the processor with processing personal data bears full responsibility towards the other joint controller for performance of obligations incumbent on the processor.
4. It is prohibited to enable access to personal data to entities with whom a data processing agreement has not been concluded (except for processors processing personal data under authorization of the Administrator – the Project Participant).
5. It is prohibited to entrust personal data by the Project Participant to a processor from a third country without prior written consent of the Joint Controller.

§ 8 Liability for damages within joint controllership

1. The Administrator and the Project Participant are liable for actions and omissions of persons with whose assistance they process entrusted personal data (including processors) as for their own actions or omissions, including in particular they are liable for:
   1. damages caused by their action in connection with failure to fulfill obligations that the GDPR directly imposes on them;
   2. damages caused by failure to apply appropriate security measures.

CHAPTER VIII

Final Provisions

§ 1 Law

1. The law applicable to interpretation of the provisions of the Terms and Conditions is Polish law.
2. In matters not regulated by the provisions of the Terms and Conditions, relevant provisions of law shall apply.
3. Appendices to the Terms and Conditions are an integral part thereof.
4. In matters not regulated by these Terms and Conditions, provisions of generally applicable law apply.
5. In the event of interpretational discrepancies in other language versions of the Terms and Conditions, the Polish version is decisive.

§ 2 Changes to the Terms and Conditions

1. The Organizer is entitled to change these Terms and Conditions for the following reasons:
   1. changes in generally applicable law directly affecting the content of the Terms and Conditions;
   2. imposition of certain obligations by bodies of the Polish state or by bodies of the European Union;
   3. change of the price list;
   4. counteracting abuses;
   5. security reasons;
   6. technological and functional changes;
   7. modifications of the joint controllership agreement for personal data;
   8. improvement of privacy protection;
   9. changes in the scope of provided services, including providing new ones;
   10. editorial modifications, corrections, contact data, including change of nomenclature or definitions of used terms.
2. The Organizer will notify the Program Participant of changes to these Terms and Conditions at least 14 days before the changes enter into force. For effectiveness, notification may be made via e-mail to the address indicated in the registration form or via electronic communication channels, including sending a message on the Platform, if such functionality is made available in that system, unless a legal or regulatory obligation must, under applicable law, be implemented or enforced faster, as a result of which the said deadline cannot be met.
3. In the event of change of the Terms and Conditions, the Program Participant has the right to terminate the Agreement within 14 days from the day of delivery of appropriate notice of the amended content of the Terms and Conditions. In the event of termination of the agreement by the Program Participant under the principles specified in this point, the provisions of these Terms and Conditions concerning termination of participation in the Program apply accordingly, and the Project enters liquidation, whereby until the day of closing liquidation the current Terms and Conditions bind the Bizky Program Participant. If within the period specified in the first sentence of this point the Program Participant does not submit a statement of termination of the Agreement, provisions of the amended Terms and Conditions become binding.

§ 3 Complaints

1. Within the scope of complaints, the Project Participant being a Consumer may exercise rights granted by provisions of the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended) and the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 of 24 June 2014 as amended).
2. Complaints may be submitted by e-mail to: reklamacje@bizky.ai or by registered letter to: Al. Ks. Poniatowskiego 1, Staircase K4, Level 1, 03-901 Warsaw.
3. When submitting a complaint, please provide the following data: User’s first and last name, address, data allowing identification, subject and reason of the complaint, contact data.
4. Complaints reported by the User will be considered within up to 14 days from the moment of their submission. Lack of a statement within this period is deemed recognition of claims reported by the User.
5. The User will be notified of the decision on the submitted complaint by the same route as the complaint was sent, unless he/she reserves another form of contact. The decision on the complaint will additionally be sent electronically to the User’s indicated e-mail address.

§ 4 Reservations

1. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the User who is simultaneously a Consumer or a Consumer Entrepreneur, granted to him/her under absolutely binding provisions of law. In the event of inconsistency of provisions of these Terms and Conditions with the above provisions, those provisions take precedence.
2. Information on the possibility for a User being a consumer to use out-of-court methods of complaint handling and pursuing claims and the rules of access to these procedures are available at the offices and websites of county (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
   1. http://www.uokik.gov.pl/spory_konsumenckie.php;
   2. http://www.uokik.gov.pl/sprawy_indywidualne.php;
   3. http://www.uokik.gov.pl/wazne_adresy.php.
3. A User being a consumer has, among others, the following possibilities to use out-of-court methods of complaint handling and pursuing claims:
   1. a permanent amicable consumer court operating at the Trade Inspection;
   2. provincial inspector of the Trade Inspection;
   3. county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Polish Consumers Association). Advice is provided by the Consumer Federation under the free consumer hotline number 800 007 707 and by the Polish Consumers Association at the e-mail address porady@dlakonsumentow.pl.

Attachments to the Terms and Conditions

1. Cost Table – click to download PDF
2. Sample statement of withdrawal from the Agreement – click to download PDF

Appendix No. 1 to the Terms and Conditions – Cost Table for Project Services (the “Table”)
The Table below is not an exhaustive list, which means its content is auxiliary in relation to the remaining provisions of the Terms and Conditions. In particular, the fact that a given category of Cost is not included in the Table does not mean that it will not be taken into account when calculating the Project’s financial result and the Costs charged to the Project which fall within a non-listed category. The Table mainly refers to lump-sum costs, which is helpful for the financial and strategic planning of the Project’s activities.

In the Table, Section III. Additional Costs for ordered activities and actions not related to the Project’s operations indicates the amount of additional costs for activities and actions that do not fall within the scope of the Project’s operations. The Program Participant or former Program Participant, if they wish to use additional services of the Organizer that are not included in Project service, may commission such services, taking into account the hourly rate specified as net amounts in Section III of the Table.

Template declaration of withdrawal from the Agreement
Warsaw, ………………………………….
Bizky PL 2 Sp. z o.o.
Al. Ks. Poniatowskiego 1, 03-901 Warsaw
…………………………………………..
……………………………………………
Declaration of withdrawal
I hereby withdraw from the agreement for the provision of services dated ……………….. ( : ………………………………….
User’s e-mail address: ………………………………….)
Signature