Bizky Freelance Prime

Terms of Service within the Program

Bizky Prime

CHAPTER I

INTRODUCTION

§1. Introduction

These terms and conditions (“Terms”) define the rules and conditions for the implementation by the AIP Foundation, headquartered at Al. Ks. Poniatowskiego 1, Staircase K4, Level 1, 03-901 Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register, under KRS number 0000199402, holding NIP 524-24-95-143, of the practical entrepreneurship development assistance program named “Bizky Freelance Prime Program” (“Program”, “Bizky Program”).
The provision of assistance referred to in point 1 of this paragraph is based on these Terms along with the attachments.

§2. Definitions

Administrator/Organizer – The AIP Foundation, headquartered at Al. Ks. Poniatowskiego 1, Staircase K4, Level 1, 03-901 Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register, under KRS number 0000199402, holding NIP 524-24-95-143.

Costs – Costs incurred in connection with the operation of the Project.

Mailing / Newsletter – A service consisting of sending all information about the Administrator’s activities to the Participant who has consented to receive the Mailing/Newsletter by voluntarily providing their email address.

Recurring Payments – Charging the User’s or Project Participant’s account at a specified time via Debit or Credit Card.

Project – An economic venture conducted 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 to perform specific actions under the Bizky Program, as specified in the power of attorney.

Terms of Service – These terms and conditions regulating the rights and obligations of the Organizer and the Program Participant, as well as the rules for the provision of services by the Organizer.

Service/Platform – The internal IT system used by the Organizer to create and manage documentation related to the Project’s activities and communication with the Program Participant.

Cookies – Short text files constituting IT data, used to browse the content of the Platform – stored on the end device of the users.

Detailed Cost Specification – The detailed cost specification defined in these Terms.

Website – The website located at www.bizky.ai describing the services offered by the Organizer and containing an interactive registration form that allows joining the Bizky Program and entering into an Agreement with the Organizer.

Program Participant/Project Participant – An individual acting for professional purposes, who has been qualified by the Organizer to join the Program and has effectively entered into an Agreement with the Organizer.

Agreement – The agreement regulating the rights and obligations of the Organizer and the Program Participant, concluded based on the Terms of Service within the Bizky Freelance Prime Program.

Service – Activities performed by the Organizer in exchange for recurring payments.

User – A person browsing the content of the Website; using the Platform.

Partner – An individual acting for professional purposes, who has been qualified by the Organizer to join the Bizky Program, with the consent of the Program Participant within a specific Project, joined its co-management, and effectively entered into an Agreement with the Organizer and the Program Participant. The provisions applicable to the Program Participant apply accordingly to the Partner, provided that the Partner and the Program Participant, who jointly manage the Project, use the same, indivisible package of benefits provided based on the Terms.

CHAPTER II

GENERAL RULES

§1 General Provisions

1. The Terms define the rules for joining the Bizky Freelance Prime Program and using the services within it.
2. Every User should read these Terms before joining the Bizky Program.
3. The Administrator provides the Terms to Users free of charge in the telecommunication system, in a manner that allows them to be downloaded, saved, and printed.
4. The Administrator reserves the right to decide on making specific technical functionalities of the Platform available to Users.
5. The Administrator makes every effort to ensure that the information presented on the website is as up-to-date as possible.
6. The User and the Program Participant are not authorized to make or receive declarations of will or knowledge on behalf of and for the Administrator.

§2 Technical Conditions for Using the Platform

1.Users should meet the following technical requirements: a) Have a device transmitting telecommunication data; b) Have access to the Internet; c) Have an installed web browser (Internet Explorer, Chrome, Safari, Mozilla Firefox, Opera – their newer versions); d) Have enabled acceptance of Cookies and Java Scripts.
2. The Administrator is not obliged to provide the aforementioned devices and/or software.
3. The installation of the software mentioned in paragraph 1 above is subject to a separate license agreement between the User and the licensor.
4. The website collects information contained in Cookies, which are text files containing the identifier of the device used by the User.
5. The User decides on the use of Cookies.
6. The Administrator informs that disabling the possibility of using Cookies by the User may affect the functionalities available on the Platform.

CHAPTER III

Services Provided Under the Bizky Freelance Prime Program

§ 1 General Information

Under the Bizky Freelance Prime Program, the Organizer assists in managing the Project based on the business idea developed by the Participant of the Program.
During the Program, its Participant acts for professional purposes, i.e., collaborates in the development of the Project, particularly through ongoing consultations, participation in meetings, development of growth strategies, client searches, identification of potential markets for the services or goods produced within the Project’s activities, and searching for potential suppliers of goods and services.
As part of the Project’s activities, the Organizer will implement the business idea specified in the Registration Form.
The Organizer, as part of participation in the Bizky Freelance Prime Program, provides the Participant with access to an account on the internal IT system – the Platform, which is used for Project management. This includes providing a view of the Project’s financial, accounting, HR, and legal documentation conducted using the electronic system, within which the Participant has the opportunity to view and analyze data related to undertaken activities.
The Organizer will manage the financial settlements of the activities conducted by the Project through a separate Project bank account (Project subaccount).
The Project name indicated in the registration form is used to identify the business venture within the organizational structure. It may only be used towards third parties for the identification of goods or services offered within the Project’s activities.
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 through electronic communication channels, including via the website: www.bizky.ai. Using the Partners’ offers is subject to separate Partnership Program regulations, which will be made available to the Program Participants under the conditions described in the previous sentence along 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

Application to join the Bizky Freelance Prime Program is made by filling out a dedicated registration form available on the website www.bizky.ai and accepting these Terms and Conditions.
The possibility of joining the Bizky Program is each time verified and confirmed by the Organizer.
Using the registration form is free of charge.
By accepting the Terms and Conditions, the User makes the following statement: a) I have voluntarily joined the Platform, b) I have read the Organizer’s service Terms and Conditions, c) The information provided in the form is true.
By filling out the registration form, the User provides, among other things, the following data: name and surname, email address, phone number, PESEL number, residential address, project name, and the intended business activity.
The Organizer reserves the right to verify the data provided by the User at any time, including confirming their identity during any use of its services. The Administrator reserves the right to contact the User to clarify the aforementioned information, which is necessary to provide services within the Platform.
Changes to the data provided during the use of the Services must be immediately reported to the Administrator.
The Organizer may refuse to admit a User to the Bizky Program if it obtains justified, credible information that the User’s actions are illegal, contrary to good morals, violate the personal rights of third parties, or the legitimate interests of the Organizer.
By submitting the Registration Form, the User declares that: a) the information provided is complete and accurate and does not infringe any third-party rights; b) they are entitled to join the Bizky Program under the conditions described in these Terms and Conditions; c) they have read the Service Terms and Conditions and agree to comply with them.
Users who submit an application to participate in the Program and accept the provisions of the Terms and Conditions agree to receive all information from the Administrator directly through the communication provided by the Platform or to the email address provided in the application.
All consents made by Users require a separate electronic statement by checking the appropriate checkbox on the Website, particularly regarding: a) Acceptance of the Terms and Conditions b) Consent to the processing of personal data c) Optional consent to other marketing activities of the Organizer indicated on the Website and Platform
Within 24 hours (twenty-four hours) from the date of receiving the application to participate in the Program, the Organizer will verify the data contained 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.
The time indicated in paragraph 12 includes business days.

§ 3 Specific Rules for Joining the Bizky Freelance Prime Program

The Bizky Freelance Prime Program is open to individuals who: a) do not conduct business activities; b) conduct business activities, provided that the subject of these activities does not overlap or is not similar/related to the subject of the venture to be or being implemented in the Project within the Bizky Program; c) do not sit on the boards of organizational units without legal personality or on the management boards of legal persons; – unless one of the premises specified in paragraph 2 points a) – i) below applies.
Business ventures/projects cannot be admitted to the Program if they: a) contradict universally accepted legal norms or commonly accepted moral and ethical standards, or principles of social coexistence, b) violate or threaten to violate the law or serve to circumvent the law, c) violate or threaten to violate the rights of third parties or involve political activities or agitation, d) involve activities requiring a special concession or permit or constitute gambling activities or other activities mentioned in the Gambling Act or involve fundraising or crowdfunding, e) pose a threat to the natural environment, f) require the application of foreign law for their implementation or any dispute arising during the project’s implementation would not be recognized by a Polish common court, g) are burdensome for other Project Participants operating within the Program, h) have not received a positive evaluation from the Organizer’s Representative, i) threaten to cause damage or the risk of damage to the Organizer.
Only one business idea can be carried out within one Project; conducting another idea requires a separate application and the establishment of a separate Project.
The agreement with the person joining the Program is concluded under the conditions specified in these Terms and Conditions.
By joining the Bizky Program, the User declares that: a) all actions taken within or in connection with the Project are fully compliant with Polish, foreign, and international law and do not serve to circumvent the law, and are also in accordance with the Service Terms and Conditions and the Organizer’s statute, b) in the past, present, and future, they have not and will not mislead the Organizer, its employees, collaborators, clients, offices, public administration authorities, or any other entities in connection with the activities conducted within the Project and the cooperation carried out with the Organizer and the agreements concluded, c) they have not and will not conceal any information that may be relevant to the venture carried out within the Project, its transparency, and the correctness of its documentation, d) they have not, do not, and will not undertake within the Project any activities that could be related to criminal activities or the falsification of truth, in particular by requesting the issuance or acceptance, creation, alteration, falsification, or use of false agreements or invoices or other documents certifying untruths or whose content is inconsistent with the actual state or may mislead, as well as any other activities exposing the Organizer to criminal, fiscal-penal, or other legal or financial liability arising from legal provisions.

§ 4 Agreements Concluded Based on the Terms and Conditions

Under the conditions specified in these Terms and Conditions, an agreement for participation in the Bizky Program is concluded between the Organizer and the Project Participant.
The parties mutually express their will to conclude the Agreement, aware that the Agreement concluded in this form is equivalent in legal transactions to an agreement concluded in written form, provided that the legislator has not required another form of declaration of will under the penalty of nullity.
The parties agree that all subsequent amendments to the Agreement, under penalty of nullity, may be made in documentary, electronic form, including through the Platform provided by the Organizer or in written form.
To conclude the Agreement, it is necessary to: a) Accept these Terms and Conditions; b) make a payment towards the participation costs in the Program; c) receive positive verification from the Organizer; d) possess and provide credit or debit card data required by external operators (number, expiration date, CVV/CVC code, cardholder’s name).
The agreement for participation in the Bizky Program is concluded for an indefinite period.
The Bizky Program will be activated for the Participant on the day the Agreement is signed, provided that they have made the payment towards the basic cost.
The Agreement concluded based on these Terms and Conditions is conditional. The Agreement comes into effect on the day the basic cost amount is paid, calculated based on these Terms and Conditions and the option selected by the parties, as indicated in the pro forma invoice. The pro forma invoice will be delivered to the Bizky Program Participant at the email address provided when the Agreement was concluded, within 3 business days from the conclusion of the Agreement.
The payment should be made by the Project Participant in a way that allows for the identification of the Participant as the payer.
If within 14 days from the conclusion of this Agreement, the payment referred to in paragraph 3 is not successfully made by the Program Participant, the Agreement concluded based on these Terms and Conditions is considered not concluded and does not produce legal effects.

CHAPTER IV

Rules of Project Operation

§ 1 General Provisions

For the participation of the Participant in the Program, the Organizer does not charge a fee, except for the obligation of the Participant to bear and settle the Costs incurred in connection with the operation of the Project.The Participant is entitled to the profit obtained by the Project.
The Project’s profit is the amount of revenue obtained within its operation minus the Costs related to the operation of the Project.
The surplus of Costs over the Organizer’s revenues obtained within the Project’s operation constitutes a loss (“Loss”).
If the Project’s revenue is insufficient to cover the Losses, the Participant is obliged to make an additional payment necessary to fully compensate for the Loss. This additional payment must be made within 5 calendar days from the end of the month in which the Loss was reported. In the event of a foreseeable cost that may cause a Loss in the Project, the Organizer is entitled to request an advance from the Participant towards the Loss.
The Organizer is entitled to withhold any financial disbursements accumulated in the Project’s designated bank account in the event of anticipated Losses or existing liabilities/Costs, about which the Organizer becomes aware based on the documents held.
The Organizer is entitled to include in the Costs of the Project’s operation a reserve/security created to cover liabilities that are likely to exist. When the circumstances justifying the creation of the reserve/security cease, this amount increases the revenue obtained within the Project’s operation.
In the event of the disclosure of Losses or any claims or Costs related to the Project’s activities after the participation in the Program has ended, the former Participant is obliged to cover these amounts in full.
The parties may agree in separate agreements that the Participant will perform specific actions necessary to fulfill the Project’s obligations to third parties.
To ensure the appropriate economic development of the Project, the Organizer may request the Participant to prepare a report covering at least: a) an analysis of the Project’s operation; b) identified factors that support or hinder the Project’s development; c) an analysis of the validity of the adopted business assumptions; d) a strategy for further development and appropriate cooperation levels in terms of the Project’s development.The Participant is obliged to personally perform activities within the Bizky Program.
The Participant is not entitled to delegate the performance of activities within the Program to a third party.The Participant is obliged to diligently and timely fulfill their obligations towards the Organizer, especially those designated by the Terms and Conditions, the decision of the Organizer’s Management Board, or the Organizer’s Representative. At all times, the Participant is obliged to provide exhaustive explanations regarding all issues related to the Project’s operation and to inform the Organizer in advance about the intention/commencement of individual business activity.
The Participant is obliged to comply with all internal procedures regarding the Project’s operation in the Program, especially the circulation and archiving of documents. Violating the provisions of the procedures constitutes a significant breach of these Terms and Conditions. The delivery of the procedures’ content, as mentioned in this paragraph, may be made via an electronic communication channel, by disclosing on the Participant’s individual account in the Organizer’s IT System or on the portal: www.bizky.ai, relevant information about the introduction, change, or repeal of a given procedure.
In case of violation of the obligations described in this paragraph by the Participant, the Organizer has the right to issue a call to the Participant to immediately cease the violations. The costs of preparing and sending the Call are specified in Annex No. 1 to the Terms and Conditions.
If, within the Project, there are Partners along with the Participant, the Participant’s and these Partners’ liabilities are joint and several. Participants (partners) may designate one person to perform the rights and obligations provided for in the Agreement. The remaining persons will refrain from exercising their rights towards the Organizer arising from the Agreement. If a single Project is conducted by several Participants (Partners), they must submit statements accepting joint and several liability towards the Organizer for the commitments made under the Agreement for participation in the Program.

§ 2 Rules for Bearing Project Operating Costs

A. General Rules:

The Costs related to the operation of the Project include, but are not limited to: a) public law liabilities related to the activities conducted within the Project, b) accounting and tax service costs, c) HR and payroll service costs, d) legal service costs, e) administrative service costs, f) bank account service costs, g) costs of purchasing goods, h) costs of using the Organizer’s Partnership Program services, i) remuneration costs for persons employed in connection with the activities conducted within the Project, j) liabilities of the Organizer arising from the activities conducted within the Project, k) amounts allocated to cover claims of third parties related to the Project’s activities, including adjudicated claims of third parties related to the Project’s activities, l) other necessary costs essential for the Project’s operation, including fixed costs such as fees for obtaining or renewing: concessions, licenses, permits, or obtaining entry in the register of regulated activities, m) costs associated with conducting activities requiring entries in appropriate registers, including registration fees, official fees, and costs constituting remuneration for organizations cooperating with the Organizer in this regard, n) any other liabilities incurred and expenses made by the Organizer in connection with the Project’s activities, o) any purposeful costs incurred by the Organizer in connection with conducting any Project matter and actions taken, including shipping costs, postal, fiscal, court fees, and other costs of administrative, court, and enforcement proceedings, travel to the court/public administration body.
The Participant is obliged to bear and settle the Costs incurred in connection with the operation and activities of the Project, understood as: a) a monthly basic cost (Basic Cost) for the Organizer’s performance of the basic scope of Project service (Basic Service Scope); b) additional costs (Additional Costs) for additional activities performed by the Organizer within the Project’s service (Additional Service Scope).
The services included in the Basic Service Scope are: a) accounting and tax service for the Project, understood as accounting up to 10 (in words: ten) accounting documents per month (including VAT invoices, correction invoices, receipts, notes, monthly cash register reports, statements) and conducting analysis or responding to queries in this area from the Project, provided the analysis does not exceed 1 hour per month. The detailed description of the activities is included below; b) HR and payroll service for the Participant, understood as acceptance and settlement of HR and payroll documents (regardless of their number), reporting and monthly settlement of ZUS notifications/deregistrations, settlement of taxes from concluded agreements, issuing and sending employment/income certificates to appropriate institutions, and conducting analysis or responding to queries in this area from the Participant, provided the analysis does not exceed 1 hour per month. The detailed description of the activities is included below; c) legal service including access to a database of legal document templates, and additionally legal analysis of legal submissions concerning the correctness of filling out the document templates provided by the Organizer, explanation of the provisions contained in these documents, and making minor changes to these documents, provided the analysis does not exceed 1 hour per month. The detailed description of the activities is included below.
The service time limit mentioned above is calculated separately for each month and is not cumulative. Unused time from a given month does not carry over to the next month.
The Participant bears the Basic Cost monthly according to the rate specified in Annex No. 1.
If the Project’s activities require the Organizer to obtain or renew: concessions, licenses, permits, or obtain entry in the register of regulated activities, the Basic Cost is increased by an additional fee for this purpose, according to the rate specified in Annex No. 1.
If a Partner (and each subsequent person) joins, the Basic Cost is increased by an additional fee for this purpose, according to the rate specified in Annex No. 1.
The amount of Additional Costs charged to the Project is determined each time based on the events that give rise to them. The calculation of the Additional Costs is made based on the calculation conducted by the Organizer’s Representative. Sample rates for Additional Costs are specified in Annex No. 1.
The Participant covers Additional Costs if they arise, particularly within the period specified by the event that gives rise to them, and if the event does not specify a period, within the period specified by the Organizer’s Representative.
If a Loss occurs or the Organizer incurs Costs related to the Project’s operation that cannot be covered by the revenue achieved by the Project in the month the Cost was incurred or in previous months, the Participant is obliged to cover these Costs on a refactoring basis.
The Participant makes payments towards Costs through the payment operators indicated on the www.bizky.ai website. If there are funds accumulated in the dedicated subaccount for a given Project, the Organizer’s Representative, after agreement with the Participant, may transfer the appropriate amount towards the Costs from the Project’s subaccount to the Organizer’s account.
If the Participant disputes the validity, amount, timing, or form of bearing a particular Cost, they must immediately notify the Organizer’s Representative, justifying their position in writing.
If the Organizer determines that the incurred Cost is not due in whole or in part, the appropriate amount will be refunded to the Participant’s subaccount.
If it is not possible to cover the Costs for any reason within the period, the Participant is obliged to inform the Organizer’s Representative.
In case of arrears on the part of the Participant, the Organizer’s Representative has the right to issue a Call for immediate settlement of Costs. The costs of preparing and sending the Call are specified in Annex No. 1.
Arrears in covering Costs entitle the Organizer to: a) suspend the Participant’s participation in the Program, including refusing the Participant access to training rooms, event registration organized by the Organizer, and blocking access to the IT System; b) the possibility of supplementing overdue Costs incurred within one Project of the Participant from the account of another Project of the same Participant if the same Participant conducts two or more Projects (including as a co-owner).
The provisions specified above in this paragraph in no way affect separate regulations governing the consequences of late cost coverage, resulting in damage to the Organizer.
If the actual Costs of conducting activities by the Organizer were incurred at an amount higher than specified in the Detailed cost specification, the Project is charged with the actual incurred cost.
The Basic Cost is considered when estimating the Project’s financial result, as well as during the Project’s liquidation period.

B. Project Accounting and Tax Service:

Accounting and tax service includes: a) accounting financial documents such as VAT invoices, correction invoices, receipts, notes, monthly cash register reports, statements, etc.; b) analysis of queries or issues related to the activities conducted within the Project regarding accounting and taxes, concerning the Project’s ongoing service or described factual state or verification of the existing one, provided the analysis does not exceed 1 hour per month.
During the accounting and tax service, contact with the Accounting Department is via the IT System – phone consultations are also possible during designated office hours.
Accounting Department queries are processed in the order received, with the department striving to provide a response within 24 hours (twenty-four hours) of receipt. The response time for a query is 3 (three) business days, with queries received after 3:00 PM considered received the next business day. The query processing period starts when the Participant provides all necessary information and documents. For highly complex or complicated queries, the processing time may be extended, and the Participant will be informed of the new processing deadline.
Accounting service for the Project exceeding the Basic Service Scope directed to the Accounting Department incurs an Additional Cost for each additional hour of work, according to the rates specified in Annex No. 1. The number of hours required to address a particular issue is determined individually with the Participant after reviewing the query.
If the number of accounting documents exceeds 10 (ten) per month, the Project is charged an Additional Cost for each additional document according to the rates specified in Annex No. 1.
If the Project’s activities require the rental of a cash register, the Project is charged an Additional Cost according to the rates specified in Annex No. 1.
If the correction of an accounting document is necessary (due to the Participant’s untimely activity), including VAT or PIT declaration corrections or other documents, the Project is charged a Cost according to the rates specified in Annex No. 1.
If the Project’s activities require the Organizer to undertake additional accounting tasks, the Project is charged an Additional Cost according to the rates specified in Annex No. 1.
Bank account service costs reduce the revenue generated by the economic venture conducted within the Bizky Program. The current table of banking costs and fees is available on the bank’s website where the account is held.

C. Project HR and Payroll Service:

HR and payroll service includes: a) for the Participant – acceptance and settlement of HR and payroll documents (regardless of their number), reporting and monthly settlement of ZUS notifications/deregistrations, settlement of taxes from concluded agreements, issuing and sending employment/income certificates to appropriate institutions; b) analysis of the Participant’s query or issue related to the activities conducted within the Project regarding HR and payroll, concerning the Project’s ongoing service or described factual state or verification of the existing one, provided the analysis does not exceed 1 hour per month.
During the HR and payroll service, contact with the HR Department is via email at kadry@bizky.ai – phone consultations are also possible during designated office hours.
HR Department queries are processed in the order received, with the department striving to provide a response within 24 hours (twenty-four hours) of receipt. The response time for a query is 3 (three) business days, with queries received after 3:00 PM considered received the next business day. The query processing period starts when the Participant provides all necessary information and documents. For highly complex or complicated queries, the processing time may be extended, and the Participant will be informed of the new processing deadline.
The Additional Cost for HR and payroll service is specified in Annex No. 1.
HR and payroll service for the Project exceeding the Basic Service Scope directed to the HR Department incurs an Additional Cost for each additional hour of work, according to the rates specified in Annex No. 1. The number of hours required to address a particular issue is determined individually with the Participant after reviewing the query.
If the correction of an HR and payroll document is necessary (due to the Participant’s untimely activity), the Project is charged an Additional Cost according to the rates specified in Annex No. 1.
If the Project uses subcontractor services, it is charged an Additional Cost for the HR and payroll service of its subcontractor according to the rates specified in Annex No. 1. This also applies if the Project is conducted by more than one person (Partner).
If the Project’s activities require the Organizer to undertake additional HR and payroll tasks, the Project is charged an Additional Cost according to the rates specified in Annex No. 1.

D. Project Legal Service:

Legal service includes: a) access to a database of legal document templates prepared by the Organizer, which the Participant can use for the Project; b) legal analysis of legal submissions concerning the correctness of the Participant’s completion of the document templates provided by the Organizer, explanation of the provisions contained in these documents, and advice on preparing these documents for signing by the Project’s counterparty, provided the analysis does not exceed 1 hour per month; c) legal analysis of submissions related to minor changes to the document templates provided by the Organizer, provided the analysis does not exceed 1 hour per month.
In the case of additional legal service, the Organizer may provide additional advice at the Project’s request, with the cost calculated based on the rates specified in Annex No. 1. The scope of such additional services may include: a) analysis and development of a legal issue related to the Project’s activities, excluding tax, customs, and financial advice, based on the described factual state and Polish law provisions; b) preparation or verification of legal documents not included in the database, including creating or verifying contracts, regulations, drafting calls, legal advice, and reviewing tender documentation.
During the legal service, contact with the Legal Department is via the Organizer’s IT System – phone consultations are also possible during designated office hours.
All issues and documents subject to legal analysis should be sent in Polish in electronic form using the form provided on the Organizer’s website. The submitted attachments should be in an editable format such as *.doc, *.odt, *.docx, *.rtf. Queries not submitted as specified above will not be considered.
Legal analyses directed to the Organizer’s Legal Department are processed in the order received, with the department striving to provide a response within 24 hours (twenty-four hours) of receipt. The response time for a query is 3 (three) business days, with queries received after 3:00 PM considered received the next business day. If the necessity of performing the legal analysis within 1 business day from the day of confirming the receipt of the query is reported, the Project is charged a one-time additional cost according to the rates specified in Annex No. 1.
The analysis period starts when the submitter provides all necessary information and documents. For highly complex or complicated analyses, the processing period may be extended, and the submitter will be informed of the new processing deadline.
Legal service for the Project exceeding the Basic Service Scope directed to the Legal Department incurs an Additional Cost for each additional hour of work according to the rates specified in Annex No. 1. The number of hours required to address a particular issue is determined individually with the Participant after reviewing the query.
If the Project’s activities require the Organizer to undertake additional legal tasks, the Project is charged an Additional Cost according to the rates specified in Annex No. 1.
All copyrights to the content provided as part of the legal advice remain the property of the Organizer. The Participant agrees not to disclose the content of the legal analysis to third parties, disseminate it in any way, or publish it in any form, in whole or in part, especially through any commercial use.
The Participant, the Organizer’s Representative, the Organizer’s management, or persons authorized by the Organizer’s management are entitled to request legal analysis related to the Project’s activities. The content of the response to the query is provided through the Organizer’s IT System or by email to the query submitter’s address specified in the application form.
In the case of pre-litigation recovery or conducting a legal dispute or extrajudicial dispute in connection with the Project’s liabilities or matters, the following activities incur Additional Costs: a) sending a written payment demand for an invoice or receipt-documented claim or preparing a payment demand for a receivable directly resulting from a contract, according to the rates specified in Annex No. 1; b) performing an activity other than sending a basic payment demand in matters related to the Project’s activities incurs an Additional Cost based on the actual time, work, and costs incurred according to the rates specified in Annex No. 1; c) preparing a position for the Organizer at the pre-litigation stage (lawsuit, mediation letter) or litigation (pleading) before a common court concerning a claim related to the Project’s activities incurs an Additional Cost based on the actual time, work, and costs incurred according to the rates specified in Annex No. 1; d) court representation before common courts in connection with the Project’s activities incurs an Additional Cost based on the actual time, work, and costs of the attorney and the costs incurred according to the rates specified in Annex No. 1; e) any other activities required for handling administrative matters or legal defense against third-party claims incurs an Additional Cost based on the actual time, work, and costs incurred according to the rates specified in Annex No. 1.
If the Participant processes personal data within the Project, they are obliged to sign a data processing agreement with the Organizer and report, via the legal department, the personal data collection to the relevant registers maintained by the Organizer as the Data Controller. The Project incurs an Additional Cost for these activities according to the rates specified in Annex No. 1.
If the Project’s activities include placing on the market batteries and accumulators, products in packaging, electrical and electronic equipment, the Project incurs an Additional Cost for each category of products placed on the market at the rates specified in Annex No. 1. Reporting product placement and other related obligations are conducted through the legal department.

E. Administrative Service:

Each participation of an Organizer’s employee in activities before a public administration body, court, or law enforcement agency in connection with the Project’s activities incurs an Additional Cost according to the rates specified in Annex No. 1.
If it is necessary to issue copies or originals of documents to Participants or third parties (including law enforcement agencies, public administration bodies, courts), or to send postal correspondence, the Project incurs an Additional Cost based on the actual time, work, and costs incurred according to the rates specified in Annex No. 1.

§ 3 Method of Bearing Project Operating Costs

The User may make a payment towards the basic costs using one of the payment methods indicated at www.bizky.ai, subject to the provisions of these Terms and Conditions.
The User acknowledges that the Organizer may use external payment operators, which may require additional actions (acceptance of payment terms, identity verification).
The User is obliged to provide the data required by the external payment operator.
The payment towards the costs is automatically collected by the Organizer based on the authorization given by the User or Project Participant.
Credit or debit card data is stored by the payment operator.
The User or Project Participant consents to making payments through the chosen payment operator and undertakes to ensure sufficient funds for their realization.

§ 4 Recurrence

The external payment operator may enable payments towards costs using a standing order.
In the case of recurring payments, the funds are automatically collected by the payment operator.

§ 5 Disciplinary Procedures

In the event of the Participant’s violation of these Terms and Conditions (including delays in bearing Costs, timely settlement of documents related to the Project’s activities such as VAT/PIT/ZUS/cash register exceeding 5 business days), the Organizer calls for the fulfillment of the breached obligation (Call). Each time a Call is issued to the Participant, the Project is charged an Additional Cost for its preparation and sending, according to the rates specified in Annex No. 1. By Call, as mentioned in the previous sentence, the Parties understand not a single prepared document (including email) of the call but a call regarding the rectification of each individual violation made by the Participant, and for each violation, the Project will be charged the amount for the preparation and sending of the Call.
In the event of delays in covering Costs by the Participant or failure to cease violations by the Participant despite the deadline specified in the Call, the Organizer is authorized to: a) Block the Project’s activities, including: refuse to disburse any financial funds accumulated in the Project’s designated bank account, including the profit obtained by the Project, access to training rooms, event registrations organized by the Organizer, access to the IT System and other Organizer’s tools; b) terminate the Participation Agreement in the Program with a 1-month notice period without additional call to the Participant to cease violations.
If the violation of the Terms and Conditions is gross and unquestionable, especially if the Participant’s action or omission violates the law, the Organizer is entitled to terminate the Participation Agreement in the Program (including with immediate effect) without additional call to the Participant to cease violations.
Termination of the Agreement with the Participant does not release them from the obligation to cover Costs (including case handling costs and costs related to the Organizer’s defense actions or actions aimed at limiting damage or liability) and repair the damages caused by the Participant’s action or omission.

CHAPTER V

Termination of Participation in the Bizky Program

§ 1 General Rules

The Agreement concluded under these Terms and Conditions may be terminated by the User with a one-month notice period, effective at the end of the month. Termination can be made in written or documentary form using the Platform or by sending an email to wyjscia@bizky.ai. This provision does not affect separate provisions contained in these Terms and Conditions.
Without excluding other provisions of these Terms and Conditions, the Organizer may terminate the agreement with immediate effect in the event of: a) gross violation of the agreement (including these Terms and Conditions) by the Participant, b) causing damage or the risk of damage to the Organizer’s property, c) a third party filing a claim against the Organizer in connection with activities conducted within the Project, d) violation of the personal rights of the Organizer by the Participant, e) the Participant undertaking actions or omissions within the Project’s activities that constitute a violation of the law.
If the Participant’s business venture exceeds the scope of testing the business idea, particularly due to its significant financial turnover, the Organizer may terminate the agreement with a one-month notice period. The statement of termination is preceded by an analysis of the Project’s activities, which does not preclude the possibility of individual arrangements between the Organizer and the Participant regarding their participation in the Bizky Program.
The Organizer’s termination of the agreement with the Participant occurs with a one-month notice period, effective at the end of the month. In any case where the Project’s liquidation period is longer than the notice period specified above, the Parties agree that, without the need for additional actions, the notice period is extended until the completion of the Project’s liquidation.
On the date of the termination statement or the occurrence of another circumstance causing the termination of the Agreement, the Parties proceed to liquidate the Project. The Participant is obliged to carry out settlements and the liquidation of the Project with the participation and in agreement with the Organizer’s Representative, in accordance with the detailed Project settlement procedure, which will be provided through electronic communication channels, including the following obligations.
During the liquidation process, ongoing business conducted within the Project’s activities must be concluded, the Project’s assets monetized, unpaid receivables collected, the Organizer’s liabilities arising from the Project’s activities satisfied, and all Costs covered.
In connection with the liquidation of the Project, the Participant is specifically obliged to: a) terminate all agreements entered into within the Project’s activities and fulfill or settle obligations under these agreements or personally assume the obligations from these agreements and obtain necessary consents from the Project’s counterparties to transfer obligations to the Participant and present relevant documents, b) timely fulfill obligations related to the settlement of funds and cash registers, if retail sales were conducted using a cash register within the Project, c) settle the Project’s bank accounts and funds accumulated therein, d) liquidate data collected in personal data sets or transfer them and send relevant prior information to the subjects whose data was collected and processed, e) settle and provide HR documentation related to agreements concluded within the Project, f) settle fixed assets and intangible assets accumulated within the Project.
A Project that used a cash register must return it at its own cost and risk to the Organizer’s representative (including covering the costs of its deactivation and service) within 14 days of the termination of the participation agreement in the Bizky Program or within 3 days of the termination of the Agreement on another basis. Failure to return the cash register results in charging the Project an Additional Cost according to the rates specified in Annex No. 1.
After the liquidation period of the Project, the value of the Project’s assets is calculated. The remaining assets after the liquidation are paid to the Participant in accordance with the relevant legal provisions. For unsold fixed assets, the Organizer takes steps to sell these fixed assets to the Participant at their market value or transfer them in another form to the Participant’s ownership.
If any third party makes a claim or allegation of rights violation after the Project’s liquidation, the Project’s liquidation is reopened, and the Project is obliged to bear the Basic Cost. Reopening the liquidation under the circumstances specified in the previous sentence does not require a separate agreement or additional formal actions. The provisions of these Terms and Conditions apply to the reopened liquidation.
Reopening the liquidation also occurs in any cases of disclosing circumstances significantly affecting the outcome and decisions made in connection with the Project’s liquidation, particularly in the case of debt repayment previously written off as uncollectible, or disclosing unfinished interests, including unpaid or unsatisfied liabilities, as well as incurring additional costs related to the Project’s activities.
The decision to end the Project’s liquidation or reopen the liquidation is made by the Organizer. In particular, but not exclusively, reopening the liquidation is possible in case of previously unknown claims or liabilities of the Project or documents related to the Project’s activities being disclosed to the Organizer.

§ 2 Right of Withdrawal from the Agreement

In the event of concluding an agreement under these Terms and Conditions, the Participant has the contractual right to withdraw from the agreement without giving any reason within 14 days from the conclusion of the agreement, provided that during this time the person has: a) not started activities within the Bizky Program; b) not undertaken any legal actions binding or burdening the Project or the Organizer; c) not used the Partnership program or services covered by the basic or additional costs.
If the person who signed the participation agreement has started activities or undertaken any of the above-mentioned actions before the 14-day withdrawal period, the contractual right to withdraw expires upon the occurrence of such action.
To withdraw from the Agreement, the person who concluded the agreement with the Organizer should submit a statement of withdrawal from the Participation in the Program. The statement mentioned in the previous sentence can be made in written form and sent to al. Ks. Poniatowskiego 1, 03-901 Warsaw (with the note “withdrawal”), or in documentary form and sent by email to wyjscia@bizky.ai.
In the event of effective withdrawal, the Participation Agreement in the Bizky Program is considered not concluded.
If the possibility of implementing the described business idea within the Program requires an in-depth analysis, including: a) examining requirements or specialist legal, accounting, or HR advice, b) undertaking specific organizational, legal, administrative, or financial actions by the Participant, c) providing security specified by the Organizer or obtaining additional insurance, registration, or permits, – and the Participant has not met the conditions specified above, then one month (30 days) after the conclusion of the Participation Agreement in the Bizky Program, the Parties may terminate the Agreement without additional notice by mutual consent, without applying the notice period provisions. Termination of the agreement in the manner described in the preceding sentence does not release the Participant from bearing the participation costs in the Program for the period during which the participation agreement was in force.

§ 3 Statutory Right of Withdrawal

Pursuant to the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827, as amended), the Organizer’s client, being a consumer, has the right to withdraw from the agreement in writing without giving any reason within fourteen days from the date of concluding the Agreement. The statement can be made on a form, the template of which is available at the URL www.bizky.ai. Using this form is optional.
According to Article 38 of the Consumer Rights Act, the right to withdraw from a distance agreement does not apply to the consumer in relation to agreements: a) for the provision of services, where the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the consumer’s express and prior consent, and the consumer was informed before the service began that they would lose the right to withdraw once the service was fully performed, and acknowledged this; b) where the price or remuneration depends on fluctuations in the financial market which the entrepreneur does not control, and which may occur before the withdrawal period expires; c) where the subject of the service is a non-prefabricated item, produced according to the consumer’s specifications or serving to meet their individualized needs; d) where the subject of the service is an item that deteriorates quickly or has a short shelf life; e) where the subject of the service is an item delivered in a sealed package, which cannot be returned after opening for health or hygiene reasons, if the package was opened after delivery; f) where the subject of the service are items which, after delivery, by their nature, are inseparably connected with other items; g) where the subject of the service are alcoholic beverages, the price of which was agreed upon at the time of concluding the sales agreement, and delivery can only take place after 30 days, and their value depends on market fluctuations beyond the entrepreneur’s control; h) where the consumer expressly requested the entrepreneur to visit them for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer or delivers items other than necessary spare parts for the repair or maintenance, the right to withdraw applies to those additional services or items; i) where the subject of the service is audio or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery; j) for the supply of newspapers, periodicals, or magazines, except for subscription agreements; k) concluded by public auction; l) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure activities, entertainment events, sports or cultural events, if the contract specifies a day or period of service provision; m) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the entrepreneur has begun the performance with the consumer’s express and prior consent, and the consumer was informed before the performance began that they would lose the right to withdraw once the performance began, and acknowledged this, and the entrepreneur has provided the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; n) for the provision of services, where the consumer is obliged to pay the price, and the consumer expressly requested the entrepreneur to visit them for repair, and the service has already been fully performed with the consumer’s express and prior consent.
In the event of withdrawal from the agreement for the provision of electronic services, the User is refunded all payments received from them, immediately, and in any case no later than 14 days from the day the Service was informed of the User’s decision to exercise the right of withdrawal.
The Service refunds the payment using the same payment method that the User used, unless the User has expressly agreed to a different method of refund that does not incur any costs for them.

§ 4 Cooperation with the Organizer After the Program Period

After the termination of the agreement, Bizky Program Participants who have established a business have the opportunity to use the services provided by the Organizer in programs implemented by the Organizer under the terms specified in their regulations.
After three months of participation in the Bizky Program, the Participant acquires the right to enter the qualification procedure to obtain capital investment under AIP Seed. The conditions for taking advantage of the capital investment are specified by the Organizer in the regulations for the AIP Seed competition recruitment, available at www.aipseed.com.
If, within 1 year from the date of ending participation in the Bizky Program, the Participant plans to obtain or obtains funding through capital investment or another form of capitalization for the venture tested or developed within the Program, the Participant is obliged to inform the Organizer in writing at the Organizer’s address, along with a call for the Organizer to exercise the right of first refusal. The Organizer retains the right of first refusal to participate in such a venture’s capital investment over other investors for a period of 1 year from the end of participation in the Bizky Program unless, after notification of the planned capital investment, the Organizer informs the Participant of the waiver of the right of first refusal.
After the termination of the Agreement, former Bizky Program Participants can use the advisory services provided by the Organizer at the rates specified in Annex No. 1 for non-Participants.

CHAPTER VI

LIABILITY

§ 1 General Principles

The Participant acknowledges and accepts that the Organizer is not responsible for achieving specific financial results for the Project, making a profit from any actions taken within the Project, achieving the projected level of development, or obtaining other results anticipated by the Participant. In particular, the activities conducted within the Project carry risks such as loss of financial liquidity, risks from independent market and macroeconomic events, and operational risks. The Program serves solely to verify the validity of the assumptions underlying the business idea and is not a substitute for independently conducting business activities by the Participant. The Organizer does not charge a fee, except for the Participant’s obligation to bear and settle the Costs incurred in connection with the Project’s operation.
The Participant is not liable to third parties for actions/omissions of the Project undertaken within the business venture realized by the Project. However, if such actions/omissions cause or could cause damage or obligate the Organizer to incur costs, the Participant is obliged to reimburse/settle/compensate the Organizer for the amounts incurred.
The Participant does not have the authority/power of attorney to make or receive declarations of intent or knowledge on behalf of and for the Organizer within the Project’s activities.
No provision of these Terms and Conditions may be interpreted to imply the granting of authority/power of attorney to the Participant to make or receive declarations of intent or knowledge on behalf of and for the Organizer, particularly through making dispositions or incurring obligations (including preparatory actions leading to making a disposition or incurring an obligation).
The Participant accepts and undertakes to adequately inform third parties about their lack of authority/power of attorney to make or receive declarations of intent or knowledge on behalf of and for the Organizer or the Project. This obligation particularly applies to conducting all negotiations, correspondence, or taking other forms of representing the Project or the Organizer towards third parties regarding the business venture testing conducted within the Project. If the Participant breaches this obligation, they must promptly take all actions to rectify the consequences of the breach.
If a third party files a claim against the Organizer alleging rights violations, legal violations, or damages related to the Project’s activities within the Program, the Organizer will promptly inform the Participant of these circumstances. Notification of the Participant is equivalent to a call and obligation for the Participant to provide necessary explanations and assistance in this regard.
The Participant is obliged to take immediate actions to prevent damage to the Organizer’s property, including limiting the extent of any existing damage and counteracting situations that could lead to claims against the Organizer. Additionally, the Participant must promptly notify the Organizer of the aforementioned circumstances.
If the Participant causes damage related to the Project’s activities to any third party or the Organizer, particularly damage resulting from non-performance or improper performance of obligations under these Terms and Conditions or disposing of the Project’s assets, the Participant must indemnify the Organizer against all third-party claims. In particular, the Participant shall: a) substitute the Organizer as a party; b) release the Organizer from the debt/obligation/cost incurred; c) assume the obligation or otherwise participate in the proceedings (e.g., as an intervenor or participant); d) cover all costs resulting from the breach, including all awarded amounts, damages, court costs, legal representation costs, or costs of amicable settlements.
To enhance the market potential of the business idea within the Bizky Program and to increase the chances of the Participant starting a business after participating in the Program, the Organizer recommends that the Participant participate in e-learning sessions and use educational materials provided by the Organizer in the online knowledge base and the Organizer’s IT System, as well as participate in meetings organized by the Organizer for Program Participants.

§ 2 Specific Principles

The User is liable for late payment of costs.
The User independently bears additional charges indicated by external payment operators (commissions, currency conversions, etc.).
Payment method data updates are made through the payment operator.
The Administrator is not responsible for content and information provided by Users, especially for their truthfulness, timeliness, or reliability.
The Administrator is not liable for unlawful actions of Platform Users if unaware of the facts and circumstances of their occurrence.
Upon obtaining information about the unlawful actions of a Program Participant, the Organizer must promptly call for their cessation.
It is prohibited for the Project Participant to provide unlawful content and use the Platform in a manner contrary to the law, good practices, or infringing the personal rights of third parties or the legitimate interests of the Program Organizer.
The Administrator does not consent to the copying, modification, distribution, or any other use of any works made available on the website and Platform, except for use within the functionalities provided.
The Project Participant undertakes to respect the intellectual property rights and rights arising from the registration of inventions, patents, trademarks, utility models, and industrial designs of both other Users and the Platform.
Communications sent by the Administrator are transmitted within the available functionalities on the Platform or to the email address provided by the Project Participant.
A Service User or any person aware of rights violations may report them by sending an email to support@bizky.ai, indicating the type of violation and the entity that committed it.

CHAPTER VII

Rules for Processing Personal Data

§ 1 General Principles

The Administrator of personal data, whose processing is necessary to enable the provision of services under the Agreement, is the Organizer.
The Administrator’s contact details for matters related to data processing: rodo@bizky.ai.
Personal data will be processed solely for the purpose and to the extent necessary to fulfill the provisions of these Terms and Conditions and the agreement concluded based on them.
Providing personal data is voluntary but necessary to provide services to the Project Participant.
Appropriate technical and organizational measures will be taken to protect personal data against unauthorized or unlawful processing and against accidental loss, destruction, or damage. Personal data will not be stored longer than necessary and permissible by law, particularly for the period required to achieve the purposes and in accordance with social security, tax, and civil code regulations. The Administrator will not subcontract the processing of personal data without the prior consent of the User, except for carefully selected providers performing specific functions on behalf of the Administrator (e.g., companies assisting the Administrator in providing customer services, technology services, data storage and consolidation, payment processing, and order delivery).
The Project Participant has the right to access their data, correct, rectify, and (as required by law) delete it, restrict its processing, and object to its processing. If they become aware of unlawful data processing, they also have the right to lodge a complaint with the supervisory authority responsible for data processing – the President of the Personal Data Protection Office in Warsaw (PUODO).

§ 2 Privacy Policy and Cookie Policy

Detailed terms of the privacy policy and cookie policy are available at www.bizky.ai.
The Administrator commits to proper and lawful processing of personal data.
The website and Platform may contain links to other websites operated by other entities with their own privacy policies. In such cases, the User must familiarize themselves with these policies.
By joining the program, the User agrees to the provisions outlined in this Chapter of the Terms and Conditions.
Within the Bizky Program, the Organizer processes the following User data: personal data, including mailing address, email address, phone number, date of birth, PESEL number, bank account number; login data; information on the relevant tax office, type of User (self-employed/employee under a civil law contract), potential website address, company name, and type and form of business activity; information on how the Platform is accessed; information on all devices used to access our Services (including brand, model, and operating system, IP address, browser type, and mobile device identifiers).
The Administrator may also use personal data from other sources such as specialized companies that provide information, business partners, and public registers.
Personal data is used by the Administrator to: manage transactions, fulfill agreements, handle complaints, requests, and appeals from Users, ensure the proper provision of payment services, perform individual payments, and, if necessary, debt collection.
Lack of consent for the Administrator to process personal data prevents the provision of services under these Terms and Conditions.
Personal data ensures that the Administrator can provide services, manage User accounts, communicate with the User, detect and prevent fraud, crime, or other prohibited activities; and fulfill legal obligations.
The Administrator uses cookies and similar technologies to improve service quality.
Some cookies are essential and should not be disabled to use all Platform features.
Cookies are data files – particularly text files – placed by the website and Platform during each visit on the User’s device.
The Platform’s server automatically logs information sent by the User’s browser while viewing the site. Server logs may include information such as network requests, IP address, browser type and language, date and time of the request.
A detailed description of the cookie policy is available at www.bizky.ai.

§ 3 Additional Provisions Regarding Personal Data

Personal data may be shared with other organizations or Users under the following circumstances: a) when required by law or public authority (e.g., tax office, law enforcement, or court); b) to establish, exercise, or defend the rights of the Organizer (including sharing personal data to prevent fraud and reduce credit risk); c) to an organization to which the Organizer sells or transfers any of its rights or obligations under any agreement with the User; d) to any successors in the Organizer’s business; e) Users to whom GDPR applies, upon obtaining personal data from the Organizer, must fulfill all obligations under GDPR and other relevant laws, including exercising their rights under GDPR. Personal data obtained in this way can only be processed to use the Organizer’s services and cannot be further processed for other purposes without the User’s explicit consent.
To ensure data security, the Administrator employs computer security measures, such as: a) limiting access to employees who need it to perform their duties; b) enforcing physical, electronic, and procedural safeguards related to the collection, storage, and disclosure of personal data; c) physical access controls to buildings and files; d) firewalls and data encryption during transmission via Secure Sockets Layer (SSL) protocol.
Although the Administrator takes appropriate technical and organizational measures to protect personal data, they cannot guarantee the security of any data transmitted over the Internet to them.
Personal data may be transferred and stored at a destination outside the European Economic Area (EEA). It may also be processed by companies operating outside the EEA that work for the Administrator or one of their service providers.
The duration of personal data processing depends on the following factors: a) the reason for which it was collected; b) the time since it was collected; c) the existence of a legal/regulatory basis for retention; d) the need to protect the interests and rights of the User and the Organizer.
The Administrator sends additional offers and information about services only to Users who have previously consented to this. This consent can be withdrawn at any time.

§ 4 Data Co-Administration Activities

Upon joining the Bizky Program, the Participant is obligated to co-participate in personal data processing during the Program, specifically fulfilling the obligations under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and the Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws 2018, item 1000, as amended).
The Participant and the Administrator undertake to: a) cooperate in fulfilling obligations, b) process entrusted personal data in accordance with the Terms and Conditions, GDPR, and other generally applicable laws, c) refrain from actions that could compromise the security of personal data, d) cover their own costs and expenses related to properly fulfilling the obligations indicated in this section.
The scope of data entrusted to the User includes only personal data collected in the Dataset.
The Dataset contains categories of personal data of contractors or potential contractors/Clients of the Project Participant, including: a) Identification data, b) Contact information, c) Information regarding professional activities, d) Photo/image.
Personal data will be processed only to the extent and purpose necessary for the Administrator to fulfill the provisions of the Terms and Conditions and the associated participation in the Bizky Program.

§ 5 Division of Responsibilities in Data Co-Administration

As part of co-administration activities, the Administrator is particularly obligated to: a) Maintain a register of personal data sets indicating specific processing purposes, categories of processed data, and categories of persons whose data is processed, b) Provide the Project Participant with contact details of the Data Protection Officer as specified in Articles 37-39 of the Act, c) Support the Project Participant in all proceedings conducted based on legal provisions.
As part of co-administration activities, the Project Participant is particularly obligated to: a) Ensure the security of personal data processing by implementing appropriate technical and organizational measures, adequate to the type of personal data and the risk of rights violations of the persons concerned, b) Maintain a register of processing activities indicating specific processing purposes, categories of processed data, and categories of persons whose data is processed, c) Fulfill information obligations as specified in Articles 13, 14, and 26(2) of the Act, d) Conduct a data protection impact assessment before starting the planned processing operations, e) Fulfill obligations specified in Articles 35-36 of the GDPR, f) Inform the Administrator about the necessity to conduct a data protection impact assessment and consultations with the supervisory authority and provide all necessary information in this regard.
The responsibility for responding to requests from the data subject lies with the Administrator or the Project Participant who received the request or statement. If the request is directed to both parties, they are both obligated to respond individually, after agreeing on a common position.
The provisions of paragraph 3 above also apply if any third party reports any data protection violations.

§ 6 Ensuring Security in Data Co-Administration

The Project Participant undertakes to adhere to the principles and procedures for secure personal data processing as stipulated by law (particularly the GDPR and UODO) and the recommendations of the President of the Personal Data Protection Office, especially: a) Protecting personal data against unauthorized access, acquisition by unauthorized persons, processing in violation of the GDPR and UODO, as well as against alteration, loss, damage, or destruction, b) Maintaining documentation describing the applied security measures, c) Allowing only authorized persons to process personal data, for whose actions and omissions they are responsible, d) Maintaining a record of authorized persons to process data, e) Appointing a person to administer the record, f) Contractually obliging authorized persons to maintain the confidentiality of personal data and the means of securing it, even after their employment or other contractual relationships have ended, g) Controlling which personal data, when, and by whom was entered/updated/deleted in the Dataset and to whom it was disclosed, h) Keeping confidential the data acquired and processed during the implementation of the Terms and Conditions and participation in the Bizky Program, i) Informing the Administrator of any proceedings, particularly administrative or judicial, regarding the processing of personal data by the Project Participant, or any administrative decisions or judgments regarding data processing.
Personal data will not be disclosed or transferred to any third party – directly or indirectly – without the prior consent of the other Party, except as provided in these Terms and Conditions.
The Administrator and the Project Participant are released from the obligation to maintain the confidentiality of personal data if the obligation to disclose it arises from generally applicable laws or a final judgment or decision of an authorized court or authority. Each time information about such an obligation is obtained, the party required to disclose personal data must promptly inform the other co-administrator.
The obligation of co-administrators to maintain the confidentiality of personal data processed in connection with participation in the Bizky Program is unlimited in time and continues regardless of the program’s conclusion.
The Administrator has the right to control the conditions of personal data processing by the Project Participant for compliance with these Terms and Conditions and applicable laws. For this purpose, the Administrator may request necessary documents from the Project Participant.

§ 7 Outsourcing of Personal Data Processing in the Context of Co-Administration

The Administrator and the Project Participant may outsource specific tasks in personal data processing to processing entities. Processing entities may process personal data solely for the purpose of performing the tasks for which the personal data was provided and may not process the data for any other purposes.
In the case of outsourcing tasks specified in paragraph 1 to a processing entity, the processing entity shall be subject to the obligations regarding personal data protection specified in Article 28 of the GDPR, ensuring at least the same level of protection as stipulated in these Terms and Conditions.
If the processing entity fails to fulfill its personal data protection obligations, the co-administrator that outsourced the data processing to the entity bears full responsibility towards the other co-administrator for the performance of the obligations by the processing entity.
It is prohibited to provide access to personal data to entities without a data processing agreement, except for processing entities authorized by the Administrator or the Project Participant.
The Project Participant is prohibited from outsourcing personal data to a processing entity in a third country without the prior written consent of the co-administrator.

§ 8 Liability for Damages in the Context of Co-Administration

The Administrator and the Project Participant are liable for the actions and omissions of individuals they use to process the entrusted personal data (including processing entities) as for their own actions or omissions. This includes, in particular: a) damages caused by their actions in connection with the failure to fulfill obligations directly imposed on them by the GDPR; b) damages caused by failing to apply appropriate security measures.

CHAPTER VIII

Final Provisions

§ 1 Law

The governing law for interpreting the provisions of the Terms and Conditions is Polish law.
Matters not regulated by the Terms and Conditions will be governed by applicable legal provisions.
Attachments to the Terms and Conditions are an integral part of it.
Matters not regulated by these Terms and Conditions are subject to generally applicable legal provisions.
In case of interpretative discrepancies in other language versions of the Terms and Conditions, the Polish version shall prevail.

§ 2 Changes to the Terms and Conditions

The Organizer is entitled to change these Terms and Conditions for the following reasons: a) changes in generally applicable law that directly affect the content of the Terms and Conditions; b) imposition of specified obligations by Polish state authorities or EU bodies; c) changes in the price list; d) prevention of abuses; e) security reasons; f) technological and functional changes; g) modifications to the data co-administration agreement; h) improvement of privacy protection; i) changes in the scope of services provided, including the provision of new services; j) editorial modifications, corrections, contact details, including changes in the nomenclature or definitions used.
The Organizer will notify the Program Participant of changes to these Terms and Conditions at least 14 days before the changes take effect. Notification may be effectively made via email to the address provided in the registration form or through electronic communication channels, including a message on the Platform if such functionality is available in the system unless a legal or regulatory obligation must be implemented or enforced faster according to applicable laws, making the aforementioned period not feasible.
In case of changes to the Terms and Conditions, the Program Participant has the right to terminate the Agreement within 14 days from the date of receiving the notice of the amended Terms and Conditions. If the Program Participant terminates the agreement under the conditions specified in this point, the provisions regarding the termination of participation in the Program and the Project entering liquidation apply accordingly. Until the liquidation is completed, the previous Terms and Conditions remain binding on the Bizky Program Participant. If the Program Participant does not submit a termination statement within the period specified in the first sentence of this point, the amended Terms and Conditions will become binding.

§ 3 Complaints

Regarding complaints, a Project Participant who is a Consumer can exercise the rights granted by the provisions of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93 as amended) and the Act of May 30, 2014, on consumer rights (Journal of Laws 2014 item 827 as amended).
Complaints can be submitted via email to reklamacje@bizky.ai or by registered mail to Al. Ks. Poniatowskiego 1, Klatka K4, Poziom 1, 03-901 Warszawa.
When submitting a complaint, please provide the following information: the User’s name and surname, address, data allowing identification, the subject and reason for the complaint, and contact details.
Complaints submitted by the User will be considered within 14 days from the date of their submission. The absence of a statement within this period is considered as acknowledgment of the claims submitted by the User.
The User will be informed about the resolution of the submitted complaint in the same manner the complaint was submitted, unless another form of contact is specified. The resolution of the complaint will additionally be sent electronically to the email address provided by the User.

§ 4 Reservations

The provisions of these Terms and Conditions are not intended to exclude or limit any rights of a User who is simultaneously a Consumer or a Consumer Entrepreneur, granted by mandatory legal provisions. In case of discrepancies between the provisions of these Terms and Conditions and the aforementioned regulations, those regulations shall prevail.
Information on the possibility for a User who is a Consumer to use out-of-court methods for dealing with complaints and 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: a) http://www.uokik.gov.pl/spory_konsumenckie.php; b) http://www.uokik.gov.pl/sprawy_indywidualne.php; c) http://www.uokik.gov.pl/wazne_adresy.php.
A User who is a consumer has, among others, the following possibilities to use out-of-court methods for dealing with complaints and claims: a) Permanent consumer arbitration court operating at the Trade Inspection; b) Provincial inspector of the Trade Inspection; c) County (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Polish Consumer Association). Advice is provided by the Consumer Federation at the free consumer helpline 800 007 707 and by the Polish Consumer Association at the email address porady@dlakonsumentow.pl.

Attachments to the Terms and Conditions

a) Cost Table – click to download PDF
b) Sample statement of withdrawal from the Agreement – click to download PDF