Regulations

§1 DEFINITIONS

1. Subscription - the fee payable by the Client to the Service Provider for the provision of the Services, determined on the basis of the Subscription Plan selected by the Client and the length of the Settlement Period;
2. Application - the version of the Website made available by the Service Provider as a native application for Mobile Devices or other User’s Devices with an appropriate operating system (e.g. iOS or Android) to access the Services;
3. Price List - information published on the Website about the current amount of fees payable to the Service Provider for the use of the Services depending on the selected Subscription Plan, assuming the Settlement Period indicated in the Price List. The Price List is available at: https://efakturierung.de/preise. An amendment to the Price List does not constitute an amendment to the Regulations;
4. Personal Data or Data – personal data within the meaning of Article 4(1) GDPR, i.e. any information about an identified or identifiable natural person entrusted to the Service Provider by the Client for the purpose of performing the Agreement;
5. Business Day – any day other than Saturday, Sunday or a public holiday;
6. Client – a natural person conducting business activity on the basis of an entry in the appropriate register of entrepreneurs, a legal person or an organisational unit which is not a legal person and which is granted legal capacity by a separate act, which concluded the Services Agreement with the Service Provider;
7. Promo Code – a discount of a specific amount or percentage granted under these Regulations, entitling the Client to a reduction in the Subscription amount;
8. Consumer – a Client who is a natural person conducting business activity on the basis of an entry in the appropriate register of entrepreneurs, for whom the Agreement, although related to business activity, does not have for him/her a professional character resulting in particular from the subject matter of the conducted business activity;
9. Account – ICT resources provided by the Website, to which the Client gains access after a one-time registration and each time he/she logs in. Using the Account, the Client may enter and manage his/her data and use the Services provided via the Website;
10. Civil Code – Act of 23.04.1964 Civil Code (Journal of Laws of the Republic of Poland 2022.1360, as amended);
11. Settlement Period – the period for which settlements are made between the Client and the Service Provider in respect of the Services provided, commencing on the date referred to in § 5.4 of the Regulations and ending after certain months or years;
12. Test Period – the period during which the Client is entitled to use the Services provided by the Service Provider via the Website free of charge in order to become familiar with the functionalities of selected Subscription Plans, calculated from the date of conclusion of the Agreement. Information on the currently applicable duration of the Test Period can be found on the Website;
13. Subscription Plan lub Plan – the variant of access to the Services specified in the Price List, distinguished in terms of functionality and price;
14. Technical Break – time of unavailability of the Website for the User, caused by the performance of necessary activities related to the technical operation of the Website, as referred to in § 12.2 of the Regulations;
15. Regulations – these Regulations of eFakturierung.de;
16. Additional Regulations – separate regulations for a service that is or may be provided through the Website by either the Service Provider or a third party;
17. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 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);
18. User Role or Role – a type of User together with the scope of rights assigned to it by the Client. The Client's assignment of a Role to a particular User is tantamount to granting that User the authorisation to carry out activities in accordance with the rights defined for the selected Role. Rights may be changed or revoked at any time by the Client or by another User to whom the Client has assigned rights in this respect. The management of Roles takes place through the Account on the Website;
19. Website – the https://efakturierung.de/ service available via the Website (https://efakturierung.de/) or the Application, operated and administered by the Service Provider. The Website is intended for Users and enables the use of Services provided by the Service Provider. Whenever these Regulations refer to the Website, this shall also be construed as software with a graphical interface and integrated databases, installed and operating on the Service Provider's servers ;
20. Party(ies) – Party(ies) to the Agreement, i.e. the Client or the Service Provider individually or jointly, respectively;
21. Website – the website available at: https://efakturierung.de/;
22. Agreement – an agreement for the provision of Services by electronic means concluded between the Client and the Service Provider under the terms and conditions set out in the Regulations and Price List;
23. User’s Device – a telecommunications device designed to connect directly or indirectly to network terminations. A user’s device is, among other things, a Mobile Device;
24. Mobile Device – a portable electronic device designed to be connected directly or indirectly to network terminations (e.g. smartphone, tablet);
25. Service(s) – service(s) provided by the Service Provider to the Client electronically via the Website, to the extent specified in the Subscription Plan selected by the Client. The detailed scope of Services provided by the Service Provider to the Client is indicated in § 2.2 of the Regulations;
26. Service Provider – Fakturownia sp. z o. o. with its registered office in Warsaw, ul. Juliana Smulikowskiego 6/8, 00-389 Warszawa, Poland, entered in the register of entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register, under KRS no.: 0000572426, NIP: 5213704420, REGON: 362333847, share capital: PLN 100,000, being the owner and controller of the Website. Contact with the Service Provider is possible at e-mail address: info@efakturierung.de;
27. User – the Client, the Client's legal representative or the natural person to whom the Client has granted rights to log on to the Website and to perform certain actions in accordance with the assigned Role;
28. u.ś.u.d.e. – Act of 18.07.2002 on the provision of services by electronic means (Journal of Laws of the Republic of Poland 2020.344, as amended).

§2 GENERAL PROVISIONS

1. The Regulations set out the terms and conditions for the use of the Website and the Services made available through the Website.
2. The Service Provider provides Services consisting, in particular, of support for the Client's invoicing and bookkeeping process and support for warehouse management, by providing the Client with tools for document creation, data collection and processing and data generation, to the extent and under the conditions specified in the Subscription Plan selected by the Client.
3. The Regulations are the rules and regulations referred to in Article 8(1)(1) of the u.ś.u.d.e The provisions of the Regulations set out, in particular, the method of registration on the Website, the conditions for using the Services and making payments, the rights and obligations of the Parties, as well as information of a technical and organisational nature.
4. The Regulations shall be made available by the Service Provider free of charge prior to the conclusion of the Agreement via the Website in a manner that enables its content to be reproduced and recorded by means of the ICT system used by the Client. Upon the Client's request, the Service Provider shall provide the Client with the Regulations in their current wording by e-mail to the contact address indicated by the Client.
5. Clients may access the Regulations at any time via the Website and may download and print them.
6. The Services are not available to consumers within the meaning of Article 22(1) of the Civil Code, which means that the Client of the Service Provider cannot be a natural person performing a legal transaction with the Service Provider which is not directly related to his/her economic or professional activity. A Client who is a natural person may use the Services only for the purposes of and in connection with his/her business activity.
7. By accepting the Regulations, the Client confirms that he/she is not a consumer within the meaning of Article 22(1) of the Civil Code.

§3 REGISTRATION ON THE WEBSITE

1. The use of the Services available through the Website requires the Client to register on the Website (creating an Account) and, in the case of Services subject to a fee, also to pay a Subscription. By registering on the Website, the Client accepts the provisions of these Regulations and undertakes to comply with them. By registering on the Website, the Client further declares that he/she has familiarised himself/herself with the Privacy policy and the rules stated therein for the Service Provider's processing of personal data in connection with the use of Services provided through the Website.
2. During the registration process on the Website, the Client is required to provide an electronic mail address (e-mail) and a password.
3. The Client is obliged to verify his/her e-mail address. If the address is not verified within 14 (in words: fourteen) days, counting from the day following the day of the Client's registration on the Website, the Service Provider reserves the right to block the Client's access to the Account until the Client verifies the e-mail address or to restrict the Client's access to the Services provided through the Website.
4. Upon the Client's registration on the Website, an Agreement is concluded between the Service Provider and the Client, the object of which is to provide Services electronically via the Website, under the terms and conditions set out in the Regulations.
5. The e-mail address provided during registration is also the Client's login for identification on the Website.
6. The Client's password is assigned to the Client's login and protects the Client's Account from unauthorised access.
7. In the case of Clients who are legal persons or organisational entities which are not legal persons and are granted legal capacity by a separate act, registration on their behalf may only be made by a person authorised to represent the Client to the extent authorised to conclude and perform the Agreement. Registration on the Website is tantamount to the person representing the Client submitting a statement confirming the fact that he/she is authorised to conclude the Agreement for and on behalf of the Client. In the event of a discrepancy between the statement and the facts, the Service Provider may take all steps provided for by law or the Regulations against that person and refuse to provide the Services.
8. If the person authorised to represent the Client referred to in paragraph 7 above is not the Client's legal representative, the Service Provider is entitled to request the Client to inspect a document confirming the authorisation of the representative (e.g. a power of attorney document).
9. Immediately after completing the registration process, the User is obliged to complete the Client's data assigned to the Account on the Website, by indicating at least: first name and surname or company name and address of residence or registered office.
10. In the event that the obligation referred to in point 9 above is not fulfilled, the status of Client shall be:
    • a. in the case of Clients using Paid Subscription Plans, to the purchaser of the Subscription, i.e. the entity entered as the purchaser of the invoice for Services provided via the Website;
    • b. in the case of Clients using the Trial Period or the free Subscription Plan, the issuer of the first invoice generated by the Client via the Account on the Website.
11. The Client may grant third parties log-in rights to the Website and for such third parties to carry out specific actions in accordance with the assigned Role.
12. Using the selected Subscription Plans, the Client has the option of adding one or more additional companies to his/her Account on the Website. The number of companies that can be added under each Subscription Plan is indicated in the Price List.

§4 TEST PERIOD

1. Upon registration on the Website, the Client is granted the right to take advantage of a one-off Test Period in order to familiarise themselves with the features offered in the various Subscription Plans and to adapt the Website to the individual needs of the Client.
2. During the Test Period, the Client uses the selected Subscription Plan. The Client may change the Subscription Plan from the currently used one to another at any time. The change of the Subscription Plan from a higher to a lower one is possible on the condition that the Client adapts the Account to the conditions and functions provided for the selected lower Plan (e.g. reducing the number of Account Users, up to the limit applicable to the respective Plan).
3. The Test Period ends upon the expiry of the period for which it was granted or upon the purchase of the selected Subscription Plan. Information on the duration of the Test Period, current as at the date of the Client's registration on the Website, can be found at: https://efakturierung.de/preise.
4. Upon expiry of the Test Period, the Service Provider will inform the Client via the Account on the Website of the conditions for continued use of the Website in relation to the Subscription Plan under test and of the possibility of making a payment within the Subscription in order to retain access to the full functionality of the Account in the selected Subscription Plan or to change to another Subscription Plan.
5. Access to the functionality of the Account in the selected Subscription Plan after the expiry of the Test Period requires the Client to pay the Subscription in the amount stipulated for the selected Plan and, in the case of selection of a free Plan, to adapt the Account to the terms and functions stipulated for that Plan.

§5 PURCHASE AND CHANGE OF THE SUBSCRIPTION PLAN

1. Upon registration on the Website, the Client is entitled to purchase one of the paid Subscription Plans offered by the Service Provider and benefit from the functionalities available therein, details of which can be found in the Price List.
2. The purchase of a Subscription Plan can take place after the end of the Test Period as well as during the Test Period.
3. The purchase of paid Subscription Plans is made via the Account on the Website. In order to purchase a selected Plan, the Client must select the selected Subscription option in his/her Account on the Website and make payment.
4. As soon as the funds are credited to the Service Provider’s bank account, the Client gains access to the selected Subscription Plan, for the selected Settlement Period.
5. The Service Provider enables the change of the Subscription Plan both to a higher and lower one, whereby the change of the Subscription Plan from a higher to a lower one is possible on the condition that the Client adapts the Account to the conditions and functions provided for in the selected lower Plan (e.g. reduction of the number of Account Users, up to the limit applicable to the given Plan).
6. In the event of a change from a lower to a higher Subscription Plan, the Client shall pay the Service Provider a Subscription surcharge. The amount of the surcharge will be determined as the product of the days remaining until the end of the applicable Settlement Period and the difference between the rate of the new and existing Subscription per day. As soon as the surcharge is credited to the Service Provider’s bank account, the Client gains access to the selected higher Subscription Plan.
7. A change to the Subscription Plan does not affect the length of the Client's existing Settlement Period.
8. The Client acknowledges that changing from a higher Subscription Plan to a lower Subscription Plan involves limiting the functionality of the Account to the functions provided for under the selected Plan and may result in a lack of access to data or documents stored in the Account. A detailed list of the functions specific to each Subscription Plan can be found on the Website in the Price List.
9. Changing from a higher to a lower Subscription Plan shall not entitle the non-Consumer Client to a refund of the Subscription in an amount proportional to the amount of the new Subscription and the number of days remaining in the Settlement Period.

§6 PAYMENTS

1. For the provision of the Services included in the Paid Subscription Plans, the Client is obliged to pay the Service Provider a Subscription Fee. The amount of the Subscription depends on the selected Subscription Plan and the Settlement Period.
2. The current Subscription rates for each Subscription Plan are indicated in the Price List. The Subscription rates applicable to a Settlement Period other than that indicated in the Price List are available in the Client's Account on the Website.
3. Where the amount stated in the Price List is net, value added tax (VAT) will be added to the Subscription amount in accordance with applicable law.
4. The fee shall be paid by the Client in advance, for the entire duration of the Settlement Period, via the Client's Account on the Website. The amount of the Subscription is indivisible, which means that the Client cannot pay the fee for a period shorter than the total Settlement Period.
5. In order to purchase a selected Subscription Plan, the Client is obliged to select the Subscription variant he/she is interested in on the Website and to provide correct and true data necessary for the Service Provider to issue a VAT invoice, including the Client's identification data (first name, surname and/or company), address data, Tax Identification Number. The Client with a registered office in a country other than Poland, who has a European Tax Identification Number, is obliged to provide it.
6. Payment for the Subscription is made by the payment method chosen by the Client. The payment methods current at the date of payment are indicated on the payment form.
7. The date of payment of the Subscription is deemed to be the date on which the funds are credited to the Service Provider’s bank account.
8. Within 14 days from the date of payment, the Service Provider will issue and electronically deliver a VAT invoice to the Client.
9. The Client hereby agrees to receive VAT invoices from the Service Provider electronically.
10. Access to the functionality of the Account in the selected Subscription Plan after the expiry of the Settlement Period requires the Client to pay the Subscription in the amount stipulated for the selected Plan or, in the case of selection of a free Plan, to adapt the Account to the terms and functions stipulated for that Plan.

§7 PROMO CODES

1. The Service Provider has the option to provide the Client with a Promotional Code of a certain amount or percentage free of charge, as part of an organised promotion or an individual agreement with the Client.
2. Promo Codes do not add up to each other, nor can they be combined in a single transaction, unless the Service Provider expressly allows such adding up/combining in a particular case.
3. The value of a Promo Code of a certain amount or percentage is the net value that will be deducted from the net value of the Subscription.
4. The Service Provider is entitled to refuse to redeem the Promo Code in the event of expiry - thus the Promo Code expires on expiry.
5. The Promo Code may not be sold to other Clients or exchanged. In particular, the Promo Code is not exchangeable for cash and cannot be returned in this form.
6. Due to the possible possibility of abuse of Promo Codes, the Service Provider reserves the right to refuse to redeem a Promo Code in relation to a Client who is not a Consumer, without giving any reason.

§8 TECHNICAL AND SAFETY CONDITIONS

1. The use of the Services provided through the Website requires the following technical conditions:
   • a. possession of an User’s Device (computer device or Mobile Device);
   • b. to have access to the Internet, guaranteeing uninterrupted access to the Services while using them;
   • c. to have an up-to-date web browser installed, e.g. Chrome, Safari, Firefox, Microsoft Edge;
   The use of the Services provided through the Application is furthermore possible subject to:
   • a. having a Terminal Equipment with an appropriate operating system;
   • b. install the Application on the User’s Device.
2. In order to use the Services, the User is also required to have an active e-mail address.
3. The Service Provider shall not be obliged to provide Services to entities that do not meet the requirements indicated in points 1-2 above.
4. For the proper functioning of the Website and the use of the Services, the User is obliged to ensure that the software he/she is using is up to date, particularly with regard to any new version downloads or updates.
5. The Service Provider uses cookies (i.e. small text files that a Website sends to the visitor's computer or other device connected to the Internet to identify the visitor's browser or to store information or settings in the browser) to collect information related to the user of the Website. The specific purposes and scope of the use of the above files are indicated in the body of the Privacy policy.
6. The Service Provider reserves the right to modify the technical implementation of the Services (e.g. change the graphic design), without impairing their quality or functionality, and without affecting the scope of the rights and obligations of the Parties.
7. All confidential data relating to Users is transmitted using HTTPS encrypted protocol. A particular danger associated with the provision of electronic services is the danger of unauthorised persons gaining access to and interfering with data transmitted via the Internet. In order to prevent such dangers (including, but not limited to, the operation of various types of computer viruses, malware or spyware), it is important that the User of the Website installs antivirus software on his/her device through which he/she connects to the Internet and keeps it up-to-date.
8. The User should not use User’s Device that is not secured against unauthorised access or in conditions that allow unauthorised persons to view the data processed through the Website.
9. Each User should also:
   • a. Use appropriately strong passwords and do not save passwords to the Website or share access data (login and password) with unauthorised persons;
   • b. change the his/her password periodically to maintain the security of his/her access data;
   • c.avoid clicking on suspicious links in e-mails.
10. In the event of noticing any irregularities in the operation of the Website, suspicious content or raising doubts about the functioning of the Website, the User should stop using the Website and immediately inform the Service Provider of the irregularities noticed.

§9 APPLICATION

1. The Client acknowledges that access to the functions within the selected Subscription Plan, via the Application and the Website, may differ. In the event of a discrepancy between the description of the individual functions indicated in these Regulations and the functions of the Application, the description shall refer to the Website of the Service.
2. The Account available on the Website and on the Application is the same Account, and logging into it via the Application is done using the same access data (login and password).
3. The Client may stop using the Application at any time by uninstalling it from the Mobile Device, which does not involve deleting the Account in the standard version of the Website.
4. It is the responsibility of the Client or his/her User to provide the data transmission needed to download, launch, and use the Application on the Mobile Device and to cover the cost of such transmission, if any.
5. The Application is subject to the Service Provider's copyrights. All graphic elements, logos, trademarks and the layout of the interface presented in it are subject to legal protection under the rules provided for in these Regulations.
6. The Service Provider is not responsible for errors in the Application resulting from errors in the functioning of online shops (e.g. Google Play and Apple App Store).

§10 WEBSITE UPDATES

1. The Service Provider shall exercise due diligence to update the Website on an ongoing basis, in particular with regard to any amendments to the commonly applicable provisions of Polish law affecting the proper operation of the Website or its individual functionalities. Any changes to the Website shall be implemented taking into account the time required for their implementation and the Service Provider's production capacity. The Service Provider shall not be liable to non-consumers for any damage resulting from the inability to adapt the Website to the legal requirements within the timeframes specified in the applicable laws and regulations.
2. The Client does not incur any additional costs for updating the Website over and above the Paid Subscription.
3. The Service Provider is entitled to update the Website in all or in the Subscription Plans selected by the Service Provider.
4. Updates to the Website may introduce changes to the functioning of the Website. The Service Provider shall inform the Client of significant changes via the Website or the Site.
5. Once the update has been implemented, it is the responsibility of the client to ensure the ongoing correctness of the documents issued and reports generated.
6. Updates to the Website will be implemented in accordance with the Service Provider's intended use of the Website and its development plan.

§11 API

1. The Service Provider provides the Client with an API (Application Programming Interface) for the exchange of data between the Website and third-party applications ("eFakturierung API").
2. The Client is obliged to use the eFakturierung API only for the purpose of performing the Agreement and in the manner described in the Regulations and on the Website.
3. A description of how to integrate a third-party application into the Website using the eFakturierung API is available at: https://app.efakturierung.de/api.
4. These Regulations shall not apply to the provision of services by third parties as referred to in the paragraphs above. The rules for the use of third-party applications result from the rules of those third parties.
5. The eFakturierung API may not be used in a manner that violates generally applicable laws, the rights of the Service Provider or the rights of third parties. In particular, it is not permitted to:
   • a. infringe copyright, trademark rights and other signs likely to mislead the public;
   • b. use of the eFakturierung API to carry out activities competitive to the Service Provider's business, consisting, inter alia, of support of the invoicing and bookkeeping process or support of the warehouse service, by providing the client with tools enabling the creation of documents, collection and processing of data or generation of data;
   • c. use of the eFakturierung API in malicious software or to the detriment of any entity.
6. The Client shall be liable for any infringement of generally applicable laws, the Service Provider's rights or the rights of third parties caused by the use by the Client or persons authorised by the Client to use the Account or certain of its functionalities with the eFakturierung API, in particular in a manner inconsistent with its purpose or the Regulations.
7. The Client's use of the eFakturierung API is at his/her own risk, based on the documentation and information provided by the Service Provider. The Service Provider makes every effort to ensure that the eFakturierung API is error-free, but does not guarantee the reliability of its operation.
8. The Service Provider is not responsible for data that has been entered into the Website using the Invoice API.
9. The Service Provider is not responsible for the quality and correctness of third-party applications, unless otherwise expressly stated in these Regulations.
10. In the event of a breach of the Regulations, including the rules for the use of eFakturierung API as set out in this paragraph, as well as in the event of technical problems in the operation of eFakturierung API, the Service Provider shall have the right to deny the Client access to eFakturierung API or to call on the Client to immediately cease using eFakturierung API.
11. The eFakturierung API may have a limited limit and range of queries within a given Subscription Plan. The Service Provider further stipulates that access to the API may be subject to a fee, under the conditions indicated on the Website.

§12 RIGHTS AND OBLIGATIONS OF THE PARTIES

1. The Service Provider undertakes to exercise due diligence to ensure the correct operation of the Website and the proper provision of the Services, as well as to protect the data and documents collected by the Client through the Website.
2. The Service Provider shall use its best efforts to ensure that the Services are provided to the Client in a continuous, uninterrupted manner and in accordance with the conditions described in the Regulations. However, the Service Provider reserves the right to make temporary interruptions in access to the Services for maintenance, repair purposes or for the purposes of updating or extending the Website or the Services - if such activities require such an interruption. The Service Provider shall inform the Client of a Technical Interruption by means of a message posted on the Website.
3. The Service Provider is obliged to plan Technical Interruptions in such a way as to make them as inconvenient as possible for Users.
4. The Service Provider reserves the right to include information about the provision of Services to the Non-Consumer Client on the Service Provider's Website and in the Service Provider's information and marketing materials (including sales presentations), for the Service Provider's information, commercial and promotional purposes. The Non-Consumer Client agrees that the Service Provider may use its logo and company name for this purpose.
5. The Client shall use the Services in a manner that does not interfere with the operation of the Services and in a manner consistent with these Regulations, generally applicable law and any instructions or documents made available to the Client by the Service Provider in connection with the conclusion or performance of the Agreement.
6. The Client is obliged to familiarise himself/herself with the descriptions and instructions relating to the operation of the Website and its various functions which can be found on the Website or which appear during the use of the Website.
7. The Client shall conduct its business in compliance with the law and process Personal Data in accordance with the GDPR.
8. The Client is responsible for the conformity of the documents recorded in the Service with the facts.
9. The Client is obliged to provide the Service Provider with true and up-to-date data and, in the event of a change, to notify the Service Provider immediately, otherwise the previously indicated data shall be deemed to be up-to-date. The Service Provider is entitled to take steps at any time to verify the truthfulness and currency of the data provided by the Client.
10. The Client is not entitled, without the prior consent of the Service Provider, to make the Services available to third parties, for use under any title (paid or unpaid) and to use the Services jointly with third parties, unless this possibility is expressly provided for under these Regulations.
11. The Service Provider shall not be liable to third parties in connection with the use of the Website by such persons, unless such persons have used the Website in accordance with the provisions of the Regulations and under the terms of the Licence granted.
12. The Client is obliged to verify the correctness of the documents, reports and calculations generated on the Website in terms of content, including formal and accounting aspects.
13. The User's e-mail address may receive technical, system and service information concerning the operation of the Website, which does not constitute commercial information within the meaning of the u.ś.u.d.e.
14. The User is obliged to read the content of the messages and communications sent to him/her by the Service Provider and to comply with any recommendations made by the Service Provider in these messages or communications, as well as to refrain from using the Services during periods designated for maintenance or updating work - if this is directly apparent from the content of the communication.
15. The Client shall be liable for the non-performance or improper performance of the Agreement and the breach of these Regulations by its Users, i.e. the persons it authorises to use the Account, and shall be liable for the acts and omissions of the aforementioned persons as for its own acts and omissions.
16. The User is prohibited from posting content and data on the Website that is unlawful or contrary to principles of good conduct. In particular, it is forbidden to publish content that infringes the copyrights of third parties, content that violates other people's personal rights and profanity.
17. In the event that the Service Provider receives an official notification or obtains credible knowledge of the unlawful nature of the data posted by the User on the Website or of the related activities, the Service Provider shall be entitled to immediately prevent the User from accessing such data, in accordance with Article 14 of the u.ś.u.d.e.
18. The Client is responsible for the correctness, timeliness, completeness and legality of the data entered on the Website. The Service Provider does not control the correctness, manner and type of data entered by the Client and is not liable in the event that the Client presents to the tax authorities an erroneously generated document or one based on erroneous data generated through the Website.

§13 SERVICE PROVIDER'S LIABILITY

1. This paragraph of the Regulations only applies to Clients who are not Consumers.
2. The Service Provider shall not be liable, within the limits in accordance with applicable law, for damages arising from:
   • a. failure of the User to comply with the technical conditions of the Services as referred to in § 8 points 1-2 of the Regulations;
   • b. the absence or interruption of Internet access on the part of the User;
   • c. irregularities in the use of the Services by Users, including non-compliance with the security rules described in the Regulations;
   • d. errors or omissions in the data provided by the Client or the user;
   • e. the occurrence of a Technical Interruption due to reasons referred to in § 12.2 of the Regulations, provided that the Technical Interruption does not exceed 48 consecutive hours;
   • f. the occurrence of a Technical Interruption, as well as a permanent or temporary inability to provide the Services due to reasons beyond the Service Provider's control or resulting from events for which the Service Provider is not responsible;
   • g. non-functioning or malfunctioning of third-party software used by the Client or Service Provider;
   • h. loss of access data (login and password) used to log in to the Website;
   • i. that the User has made his/her access data (login and password) for logging into the Website available to third parties, as well as that unauthorised persons have gained access to the Account as a result of the User's use of unsecured User’s device;
   • j. failure of the User to verify the correctness of the documents, reports and calculations generated on the Website in terms of their content;
   • k. the loss of data in the Account, in the event that the Account is deleted under these Regulations;
   • l. loss of data in the Account due to force majeure or circumstances on the part of the Client or the User;
   • m. dangers associated with the use of the Internet: hacking attacks, infection of the system by computer viruses or similar events;
   • n. the User is unaware of or fails to comply with the provisions of the Regulations, including the appendices forming an integral part thereof;
   • o. use of the Website by the User in a manner contrary to generally applicable law;
   • p. the posting of unlawful data by the Client or its User on the Website;
   • q. the unauthorised use of a person's e-mail address during the registration process;
   • r. and other circumstances for which the Service Provider is not responsible.
3. The Service Provider's liability under warranty is excluded.
4. Notwithstanding the provisions of point 2 above, the Service Provider shall only be liable for non-performance or improper performance of the Agreement, including the Services, which is the consequence of the culpable and intentional act of the Service Provider. The Service Provider's total liability to the Client in each case shall be limited to the amount of the current Subscription paid by the Client for the provision of the Services and shall only cover the actual damage.
5. The Service Provider is entitled to block temporarily the Client's access to the Services or selected functions of the Account in case of violation or suspected violation by the Client or its User of the provisions of the Regulations or violation of generally applicable laws, as well as in case of an action to the detriment of the Service Provider. In the case of Clients who are Consumers, the Account shall be blocked after the Client has been ineffectively summoned to cease the violations with setting an appropriate deadline. During the suspension, the Client is obliged to take action to remove the reasons for the suspension and, once removed, is obliged to inform the Service Provider immediately. The Service Provider shall terminate the Client's access to the Services as soon as the reasons for its suspension no longer exist. The Service Provider, in the case of suspension of access to the Services lasting more than 30 (in words: thirty) calendar days and failure to remove the reasons for its suspension, has the right to terminate the Agreement with the Client immediately. The provisions of § 14 points 6-8 of the Regulations shall apply accordingly. The provisions of this paragraph are without prejudice to other rights of the Service Provider under these Regulations.
6. The lockout period does not extend the Client's period of provision of the Services under the paid Subscription by the duration of the lockout.
7. The Client acknowledges and accepts that the Service is only a support tool for the Client's accounting service and therefore the Service Provider is not liable in connection with the Client's business and accounting service.
8. The Service Provider shall not be liable for the content of advertisements and promotional materials posted on the Site or sent to Clients by or on behalf of third parties as part of the Service Provider's cooperation with such parties, or for the price and quality of products and services advertised in such advertisements.
9. The Client hereby acknowledges and confirms that it agrees to indemnify and hold the Service Provider harmless in the event of any losses, damages and reasonable costs incurred by the Service Provider as a result of claims by third parties against the Service Provider arising from the use of the Site by the Client or its User in breach of these Regulations or the terms of the Licence.

§14 TERM AND TERMINATION OF THE AGREEMENT

1. The Agreement is concluded for an indefinite period.
2. Each Party shall have the right to terminate the Agreement by giving notice:
   • a. in the case of Clients:
     - in writing, to the Service Provider's registered address: Fakturownia sp. z o.o., ul. Juliana Smulikowskiego 6/8, 00-389 Warszawa, Poland or
     -in electronic form, by sending to the e-mail address: info@efakturierung.de;
   • b. in the case of a Service Provider:
     - in writing, to the Client's (respectively) business or registered office address or
     - in electronic form, by sending to the Client's e-mail address which is his/her login on the Website or the e-mail address for contacting the Client assigned to his/her Account on the Website,
   with 1 month's notice, effective at the end of the calendar month, which means that the termination of the Agreement with the Client takes place at the end of the calendar month following the month in which the Party served the other Party with a notice of termination of the Agreement (unless the Regulations provide otherwise). In the case of Clients who are Consumers, the Agreement may be terminated by the Service Provider only for important reasons, such as the Service Provider's discontinuation of offering the Services on the Website, a change in the generally applicable provisions of law that affect the rights and obligations arising from the Agreement concluded between the Service Provider and the Client, or a change in the interpretation of the aforementioned provisions of law as a result of court rulings, decisions, orders, guidelines of competent authorities or bodies in a given scope.
3. In the event that the Client who is not a Consumer submits a notice of termination of the Agreement during a Settlement Period in a paid Subscription Plan, the Agreement shall be terminated at the end of the last day of the Settlement Period for which the Subscription has been paid.
4. The Client shall have the right to terminate the Agreement with immediate effect at any time, without stating any reason, by deleting the Account from the Website, provided that, as a result of such termination, the Client shall not be entitled to a pro rata refund of the Subscription paid for the unused part of the Settlement Period.
5. The Service Provider is entitled to terminate the Agreement with immediate effect in the event that:
   • a. The Service Provider determines that the Client or its User is using or has used the Services provided by the Service Provider in gross violation of the provisions of the Regulations, the law, the rules of fair dealing or acting to the detriment of the Service Provider or other Users of the Website;
   • b. The Service Provider determines that the Client has provided false data or information when paying the Subscription or during the performance of the Agreement, and in particular has used false, forged or invalid documents;
   • c. The Client or its User carries out actions aimed at gaining unauthorised access to the Service Provider's ICT system, in particular by breaking security;
   • d. one of the cases referred to in § 17 paragraph 4 of the Regulations (breach of the Licence conditions) occurs.
6. The statement of termination of the Agreement with immediate effect referred to in paragraph 5 above shall be submitted to the Client in writing or by e-mail to the data indicated in paragraph 2b above. Upon effective delivery of the statement to the Client, the Service Provider is entitled to block or restrict the Client's access to the Account and to delete the Client's Account.
7. Subject to the provisions of the Regulations to the contrary, in the event of termination of the Agreement with the Client who is a Consumer by notice, during the Settlement Period in a paid Subscription Plan, the Client may request from the Service Provider a refund of the Subscription in an amount proportional to the unused part of the Settlement Period. The amount of the refund will be determined as the product of the days remaining in the Settlement Period and the Subscription rate per day.
8. In the situations described in § 14.5 of the Regulations, the Client who is not a Consumer shall not be entitled to a pro rata refund of the Subscription paid for the unused part of the Settlement Period.
9. In the event that the Service Provider determines that there has been no activity on the Client's Account for a period of at least 12 months, understood as a lack of logging in by the Client or its Users on the Account, the Service Provider has the right to terminate the Agreement with immediate effect, under the conditions set out in paragraph 6 above.
10. Subject to the provisions of the Regulations to the contrary, termination of the Agreement shall be tantamount to deletion of the Client's Account on the Website.
11. The Client acknowledges and agrees that the deletion of an Account on the Website is tantamount for that Client to the loss of all data stored within that Account, including data entered by other Users of the Account.
12. The Service Provider shall not be liable for any damage caused to a Client who is not a Consumer as a result of the deletion of the Client's Account, including damage resulting from the loss of data in the Account, in the event that the Account has been deleted under the conditions provided for in these Regulations.
13. The Service Provider reserves the right to refuse to provide the Services to the Client, including the deletion of the Client's Account, if it has been established once again after the Service Provider has terminated the Agreement for the reasons indicated in paragraph 5 above.

§15 WITHDRAWAL FROM THE AGREEMENT

1. This paragraph of the Regulations applies only to Clients who are Consumers.
2. Within 14 (fourteen) days from the date of conclusion of the Agreement and within 14 ( fourteen) days from the date of the first payment of the Subscription by the Client, in accordance with § 6.7 of the Regulations, the Client who is a Consumer may withdraw from the Agreement without giving any reason. The Client withdraws from the Agreement by submitting an unequivocal statement of withdrawal to the Service Provider. The statement may be submitted electronically, to the e-mail address: info@efakturierung.de (recommended form) or in writing by sending the statement to the Service Provider's registered address. Sending the statement by the Client before the expiry of the 14-day period is sufficient to meet the deadline.
3. The Service Provider will immediately provide the Client with an acknowledgement of receipt of the statement of withdrawal. The confirmation shall be sent electronically to the Client's e-mail address used to make the statement and, if the statement is made in writing, to the Client's e-mail address which is his/her login on the Website or the e-mail address used to contact the Client assigned to his/her account on the Website.
4. In the event that the Client, who is a Consumer, submits a statement of withdrawal from the Agreement in the manner and within the period indicated in this paragraph, the Agreement shall be deemed not to have been concluded. The Service Provider shall, within 14 days of receipt of the withdrawal statement, reimburse to the Client all payments made by the Client under the Agreement from which he withdraws (if applicable). The reimbursement will be made using the same method of payment originally used by the Client. The method of payment of the refunded amount to the Client may only be changed with the express consent of the Client.
5. The withdrawal of the Agreement by the Client shall be equivalent to the deletion of his/her Website Account.

§16 COPYRIGHT

1. The User acknowledges that the Service Provider or its service sub-providers hold all copyrights to the Website and its elements having the nature of works within the meaning of the Act of 04.02.1994 on Copyright and Related Rights (Journal of Laws of the Republic of Poland 2021.1062, as amended). Any copying, distribution or elaboration of the Website or its elements, including copying of photographs and other graphic materials and the use of reprints of texts posted on the Website without the Service Provider's express written consent constitutes an infringement of the aforementioned copyright and will be met with the Service Provider's immediate response, including holding the User liable for damages.
2. The User is entitled to use the Website and other works on the Website solely for the purpose and within the limits of these Regulations and the functionalities made available to him/her by the Service Provider under the selected Subscription Plan.

§17 LICENSE

1. Upon conclusion of the Agreement, the Service Provider grants the Client a non-exclusive, non-transferable and non-sublicensable licence to use the Website to the extent consistent with the provisions of the Regulations and the Subscription Plan selected by the Client. The licence is granted to the Client for the term of the Agreement and is not territorially limited ("Licence"). The Licence also applies to all new versions and updates of the Website provided by the Service Provider during the term of the Agreement, if any.
2. The licence is granted for the following fields of exploitation:
   • a. use of the Service via the User’s Device to the extent of the Agreement concluded and the Subscription Plan selected by the Client;
   • b. running, displaying, accessing, entering data, changing and deleting data, viewing data, collecting and storing data, searching for data within the Service via the User’s Device;
   • c. enabling access to the Website to Users under the conditions provided for in these Regulations.
3. The Service Provider shall not be entitled to separate remuneration for granting a Licence in accordance with the provisions of this paragraph, apart from the Subscription referred to in § 6.1 of the Regulations.
4. The Client is not entitled to:
   • a. use, copy and download the Website content or any data other than the Client's own data for purposes other than the performance of the Agreement;
   • b. translate, adapt, change or modify the Website;
   • c. make the Website available for use, free of charge or against payment, to third parties, i.e. persons outside the agreed group of Users;
   • d. process, modify, reverse engineer, decompile, disassemble the code of the Website or any part thereof or to determine the source code in any other way and to create derivative works from the Website;
   • e. use the source codes of the Website in whole or in part.
5. The Client shall ensure that any User of the Website using the Website under the licence granted to the Client shall comply with the terms and conditions of the licence as set out in this point and acknowledges that all intellectual property rights, including copyright in the Website and its updates belong to the Service Provider or its sub-providors.
6. The Client agrees to supervise and control the use of the Website in accordance with the terms of the Licence granted and to ensure that the Website is protected at all times from misuse, damage, destruction or any form of unauthorised use. The Client agrees to ensure that the most up-to-date virus scanning software is maintained on the User’s Devices intended for use of the Website.
7. Notwithstanding the Service Provider's other rights and remedies, if the Client becomes aware that the User is in breach of the Licence, the Client shall immediately notify the Service Provider of this fact and take the necessary measures to ensure that the User ceases to be in breach of the aforementioned conditions, and shall furthermore keep the Service Provider informed of the actions taken.
8. Any failure by the User to comply with the obligations set out in this paragraph shall be deemed a breach of the Licence by the Client.
9. The Client acknowledges that in principle the Website is never error-free and that the existence of errors does not constitute a breach of the Licence.
10. If Client discovers a material error that materially affects Client's use of the Website, and notifies Service Provider of such error within the term of the Licence, Service Provider shall use its reasonable endeavours to correct the part of the Website causing the material error by means of a patch or new version (at its sole discretion) - provided, that such error is not the result of any modification, alteration or addition to the Website not made by the Service Provider or a person authorised by the Service Provider, or is not caused by incorrect use, abuse or damage to the Website or by use of the Website in conjunction with other software or on an incompatible device.
11. Subject to the paragraph above and to the maximum extent permitted by applicable law, the Service Provider disclaims all other warranties with respect to the Site and the services provided by the Service Provider under the Licence, whether express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose.
12. The Service Provider is not obliged to provide updates or new versions of the Website, unless otherwise stated in the Regulations.

§18 COMPLAINTS AND DISPUTE RESOLUTION

1. The Client has the right to lodge a complaint regarding the Website, including the Services provided through it. The complaint should be addressed to the Service Provider in electronic form by sending to the e-mail address: info@efakturierung.de.
2. The method of filing a complaint, as indicated in § 18.1 of the Regulations, is mandatory and is a condition for the effective filing of a complaint.
3. The complaint should contain a description of the facts giving rise to the complaint, data enabling the Client to be identified on the Website and an indication of the scope of the demand and its concise justification.
4. Before submitting a complaint, the Client is obliged to check whether the irregularities in the provision of the Services are not due to reasons for which the Service Provider is not responsible, such as failure to meet the technical conditions referred to in § 8.1 of the Regulations.
5. The Service Provider shall respond to the complaint within 14 ( fourteen) days from the date of receipt of a correct, i.e. containing at least the information indicated in paragraph 3 above, complaint. To meet the deadline referred to in the first sentence, it is sufficient to send the response to the complaint to the Client on the last day of the deadline.
6. In the case of Clients who are Consumers, if the Service Provider fails to respond within the timeframe referred to in paragraph 5 above, the Service Provider shall be deemed to have accepted the Client's complaint.
7. The Service Provider shall send a response to the complaint in electronic form to the Client's e-mail address, which is the Client's login on the Website or the e-mail address used to contact the Client.
8. In a situation where the information provided by the Client does not allow for the settlement of the complaint or requires supplementation, the Service Provider reserves the right to request the Client to supplement the details of the complaint. In this case, the time limit referred to in paragraph 5 above shall be calculated from the date of supplementation of the information by the Client. If it turns out that the problems with access to the Website or Services are due to reasons attributable to the Client who is not a Consumer, the Service Provider is not obliged to respond to the reported complaint.
9. The Service Provider shall leave unprocessed any complaint that does not contain data enabling the Client to be identified.
10. Once the complaint procedure has been exhausted, the Client is entitled to assert his/her rights under the general rules.

§19 AMENDMENTS TO THE REGULATIONS

1. The Service Provider reserves the right to amend the Regulations for important reasons, i.e.:
   • a. caused by the need for changes in technological, economic or organisational aspects of the running of the Service Provider's business;
   • b. caused by the need to change the structure or content of the Website or the Service Provider's offer;
   • c. caused by the change in the scope of Services provided by the Service Provider, through modification, introduction of new or withdrawal by the Service Provider of existing functionalities or Services covered by the Regulations;
   • d. for reasons of ensuring the security of information that is obtained or processed in connection with the provision of the Services covered by the Regulations;
   • e. caused by the changes in generally applicable laws that affect the content of the Regulations, including the rights and obligations arising from the Regulations or changes in the interpretation of the above-mentioned laws as a result of court rulings, decisions, orders, recommendations, guidelines of competent offices or authorities;
   • f.caused by the necessity to adapt the Regulations to recommendations, orders, rulings, guidelines or decisions of competent authorities or bodies;
   • g. caused by the necessity of correcting obvious mistakes or clerical errors or filling gaps or inaccuracies in the Regulations which cannot be removed by interpretation of the provisions contained therein;
   • h. caused by the in the sub-providor or sub-providors of the Service Provider as indicated in Appendix 1 to the Personal Data Processing Regulations.
2. A change to the Price List does not constitute an amendment to the Regulations and may be made by the Service Provider at any time. A change in the Price List shall not affect the terms and conditions of Services already paid for.
3. The Service Provider shall inform Clients of the proposed changes to the Regulations no later than 7 days prior to their proposed effective date.
4. If the Client does not object to the amendments to the Regulations to the Service Provider prior to the proposed effective date, the Client shall be deemed to have agreed to the amendments.
5. The Client has the right, prior to the date of the proposed entry into force of the changes to the Regulations, to terminate the Agreement with effect from the date of the entry into force of the changes to the Regulations. The notice of termination of the Agreement should be submitted electronically, by sending a statement to the Service Provider's e-mail address: info@efakturierung.de or in writing, to the Service Provider's registered office address: Fakturownia sp. z o.o., ul. Juliana Smulikowskiego 6/8, 00-389 Warszawa, Poland.
6. A statement of termination of the Agreement made in electronic form shall be deemed to have been made when it has been entered into the means of electronic communication in such a way that the Service Provider could have read its contents. A statement of termination of the Agreement made in a form other than electronic form shall be deemed to have been made upon its effective delivery to the Service Provider. In the event that a statement is delivered to the Service Provider after the effective date of the amendments to the Regulations, the Agreement shall be terminated as of the date of delivery of the statement to the Service Provider.
7. In the event of termination of the Agreement by a Client who is not a Consumer, the Client shall not be entitled to a pro rata refund of the Subscription paid for the unused part of the Settlement Period.
8. In the event of termination of the Agreement by the Client who is a Consumer, the Client may request from the Service Provider a refund of the Subscription in an amount proportional to the unused part of the Settlement Period. The amount of the refund will be determined as the product of the days remaining until the end of the Settlement Period and the Subscription rate per day.
9. An amendment to the Regulations due to the extension of the functionality of the Website, the functionality of the existing Services or the introduction of new Services shall not constitute an amendment entitling the Client to terminate the Agreement, provided that it does not adversely affect the principles of the Services provided under the concluded Agreement.

§20 PERSONAL DATA

1. The Service Provider processes the Users' personal data under the terms described in the Privacy policy and in accordance with the GDPR. By using the Website, the User confirms that he/she has read the Privacy policy and accepts the provisions contained therein.
2. As the performance of the Agreement involves the Service Provider processing Personal Data in the name and on behalf of the Client, the Client, by entering into the Agreement, simultaneously accepts the Personal Data Processing Regulations. The Personal Data Processing Regulations constitute an integral part of the Regulations.

§21 CONFIDENTIALITY

1. Confidential information shall mean all information communicated by one Party to the other Party, irrespective of the manner of its communication (orally, in writing, electronically), with the exception of such information which, at the time of its disclosure or communication to the other Party, is expressly designated as non-confidential and all economic, commercial, technical, technological, legal, organisational, know-how and other information of economic value, not disclosed to the public, concerning one of the Parties or its collaborators and counterparties, obtained by the other Party in connection with or during the execution of the Agreement. In the event of any doubt by a Party as to the confidentiality of the information provided to it, it shall be presumed to be confidential information.
2. Each Party undertakes that any Confidential Information communicated and disclosed to it by the other Party shall be kept in complete secrecy and confidentiality, shall be used solely for the purpose of entering into or performing the Agreement and shall not be communicated or disclosed to any third party without the express prior consent of the Party to which it relates, expressed at least in documentary form.
3. Each Party agrees not to copy, reproduce or in any way disseminate Confidential Information except as necessary for the performance of the Agreement, in which case any such copies will be the property of the Party that was the source of the information. The Party agrees to ensure that all Confidential Information received is properly and securely stored while in its custody or control.
4. The parties agree that the confidentiality obligation does not extend to information:
   • a. which are widely known;
   • b. which have been made public by the Party to which they relate;
   • c. which are disclosed by a Party with the prior consent of the other Party, expressed at least in documentary form;
   • d. which are required to be disclosed under generally applicable legislation;
   • e. whose disclosure is necessary for the purpose of disposing of a claim or asserting a claim under the Agreement.
5. The obligation of confidentiality shall continue during the term of the Agreement as well as indefinitely after its expiry or termination for any reason.

§22 PROPER LAW AND JURISDICTION

1. The proper law for the Agreement shall be Polish law. The choice of Polish law pursuant to the Regulations shall not deprive the consumer of the protection granted to them under provisions that cannot be excluded by an agreement between the service provider and the consumer under the law of the country in which the consumer has their habitual residence. This means that if the Client acts as a consumer within the meaning of EU legislation and if the mandatory statutory provisions concerning consumer protection in their country of residence include provisions that are more favorable to them, then these provisions shall apply regardless of the choice of Polish law.
2. Any disputes arising from the concluded Agreement or arising from the application of the provisions of the Regulations shall be subject to the exclusive jurisdiction of courts in Poland and shall be settled by the court having jurisdiction over the registered office of the Service Provider, subject to the exceptions provided by the mandatory provisions of law that exclude or limit contractual jurisdiction. According to Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, consumers residing in a EU member state may bring a lawsuit against the Service Provider before a Polish court, or, regardless of the Service Provider's place of establishment, before the court of the consumer's place of residence. The Service Provider may bring a lawsuit against the consumer only before the courts of the member state in which the consumer has their place of residence.

§23 FINAL PROVISIONS

1. These Regulations have been drawn up in the English language. The English language version shall be the sole basis for the interpretation of the provisions of the Agreement.
2. The use of any Additional Services provided by the Service Provider or its cooperating third parties, not included in the scope of the Basic Services set out under these Regulations, shall be on the terms set out in the Additional Regulations, which form an integral part of the Regulations.
3. The Regulations do not apply to the provision of services via the Website by entities other than the Service Provider, who shall be fully liable in this respect, unless otherwise stipulated in the Regulations or the Regulations.
4. Correspondence, including all notices, information and other communications shall be provided to the Client in English.
5. Save as otherwise provided in the Regulations, the Client, and any User of the Website, may communicate with the Service Provider:
   • a. electronically, to the e-mail address: info@efakturierung.de;
   • b. in writing, at the following address: Fakturownia sp. z o.o., ul. Juliana Smulikowskiego 6/8, 00-389 Warszawa, Poland.
6. The Service Provider shall communicate with the Client electronically, by telephone or in writing, to the details assigned to his/her Account on the Website, unless otherwise stated in the Regulations.
7. The Client is not entitled to transfer rights and obligations relating to the performance of the Agreement, in whole or in part, to third parties without the prior consent of the Service Provider expressed in at least documentary form. The existing Client is jointly and severally liable with the new Client for the payment of all amounts due in connection with the use of the Account up to the date of transfer of rights and obligations relating to the Agreement.
8. The validity or effectiveness of the remaining provisions of the Regulations shall not be affected if individual provisions of the Regulations are declared invalid or ineffective as provided by law. The invalid provision will be replaced by the rule that comes closest to the purpose of the invalid provision and the Regulations as a whole.
9. The current content of the Regulations is published at: https://efakturierung.de/AGB and within the Application, in a manner that allows it to be stored (recorded) and reproduced several times in the ordinary course of business.
10. The following are an integral part of the Regulations:
    • Annex 1 – Personal Data Processing Regulations