Service 2.0 by EKG

Terms of Service

TERMS OF SERVICE FOR THE ELECTRONIC PROVISION OF SERVICES OF THE SERVICE 2.0 SYSTEM

Effective from 26.10.2026

1. General provisions and definitions

  1. These Terms set out the rules and conditions for the electronic provision of the service of access to and use of the Service 2.0 system, provided in the SaaS (Software as a Service) model by Service 2.0 Prosta Spółka Akcyjna, with its registered office in Poznań, ul. Święty Marcin 29/8, 61-806 Poznań, KRS: 0001102708, NIP: 7831903174, REGON: 52848103100000, share capital: PLN 81,180.00 (hereinafter: “Service 2.0”).

  2. Service 2.0 can be contacted at the email address: kontakt@serwis20.pl and at the telephone number +48 519 199 846.

  3. The Services are provided exclusively to entrepreneurs within the meaning of Article 43¹ of the Polish Civil Code.

  4. The following terms have the meanings given below:

    • Workshop: an entrepreneur using the Service under the Agreement.

    • User: a natural person who logs in to the Panel and uses it in the name and on behalf of the Workshop.

    • Agreement: the agreement for the provision of services by electronic means concluded between Service 2.0 and the Workshop on the terms set out in the Terms.

    • Panel: the administration panel at panel.serwis20.pl, which provides access to the Service and the management of the use of the Service

    • App: the software used for the electronic provision of the Service

    • Loyalty App - has the meaning given in Section 2(2) of the Terms

    • Connector: an optional extension for the Google Chrome browser that integrates the Panel with the e-Catalogue of Inter Cars S.A.

    • Package: a paid subscription plan that defines the scope of the Service’s functionality, the limits and the price of the Service under the given subscription plan

    • Defect: a critical malfunction of the Service 2.0 system that completely prevents the Workshop from using the main functionalities of the system.

    • Fault: a non-critical malfunction of the Service 2.0 system that does not prevent the use of the system but disrupts its ongoing operation.

    • Business Days: Monday to Friday, excluding public holidays in Poland.

    • Business Hours: 9:00 to 17:00 on Business Days.

    • Subscription Period: the period for which the Workshop has paid the fee for the Package, counted from the day the Package is activated.

    • entrepreneur with consumer rights: a natural person concluding the Agreement directly related to their business activity, where the content of the Agreement shows that it is not of a professional nature for that person, resulting in particular from the subject of their business activity disclosed in the Central Register and Information on Business Activity (CEIDG).

    • Payment Operator: PayPro S.A., with its registered office in Poznań, which handles payments in the Przelewy24 service.

    • Price List: the current list of Packages and their prices published on the serwis20.pl website and in the Panel.

    • DPA: the agreement for the entrustment of personal data processing, with the content set out in Annex No. 2 to the Terms, which forms an integral part of the Agreement.

    • Service: the service of access to the Service 2.0 system provided under the Agreement to the extent resulting from the purchased Package and the Terms.

    • GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

    • Service 2.0 system - an integrated software platform (including the App and, optionally, where the Workshop has purchased a Package that includes such functionality, the Loyalty App) made available by Service 2.0 as part of providing the Service, consisting of server software, databases and web interfaces

    • Trial Period - has the meaning given in Section 3(2) of the Terms

    • Grace Period - has the meaning given in Section 3(3) of the Terms

    • Privacy Policy - the privacy policy applied by Service 2.0 when providing the Service, the content of which constitutes Annex No. 1 to the Terms

  5. The Terms are drawn up in Polish. The Terms are made available free of charge on the serwis20.pl website before the Agreement is concluded, in a form that allows them to be downloaded, saved and printed.

2. Scope of the Service and service level (SLA)

  1. Under the Agreement, Service 2.0 provides the Workshop with the Service by electronic means in the SaaS (Software as a Service) model, consisting in granting the right to remotely access and use the Service 2.0 system (including the App and, optionally, where the Workshop has purchased a Package that includes such functionality, the Loyalty App) via the Internet, and provides access to the functionalities of the Service 2.0 system in accordance with the current description of their functions published on the www.serwis20.pl website and with the Package purchased by the Workshop. Access to the functionality of the Connector, which integrates the Panel with the e-Catalogue of Inter Cars S.A., will end upon the termination of the agreement concluded by Service 2.0 with Inter Cars S.A. under which this integration is carried out. Service 2.0 will notify the Workshop of the end of access to the functionality of the Connector by email to the Workshop’s email address given in the Panel. The end of access to the Connector does not give rise to any claims of the Workshop against Service 2.0.

  2. As part of using the Service, a Workshop that has purchased a Package that includes this has the right to make available to its clients – entities using the Workshop’s services (hereinafter: “Workshop Clients”) – a dedicated mobile application with the functionality described in the current description of the App’s functions published on the www.serwis20.pl website (hereinafter: the “Loyalty App”). The Loyalty App is made available by a given Workshop to that Workshop’s Clients in subdomains of serwis20.pl dedicated to that Workshop. The name of the Loyalty App is set by the Workshop in the Panel. The name of the Loyalty App should not contain vulgar expressions or expressions misleading as to the identity of the Workshop, nor infringe the law, in particular rights arising from the protection of third parties’ trademarks or other business names (names of entrepreneurs), their brands, etc.

  3. The Workshop acknowledges that, as regards making the Loyalty App available in its relationship with Workshop Clients, it is the Workshop that acts as the provider of services by electronic means and as the data controller within the meaning of the GDPR, while Service 2.0 provides only the technical infrastructure and software tools in the SaaS model.

  4. Service 2.0 undertakes to exercise due diligence to ensure the correct operation of the Service 2.0 system and the proper performance of the Service.

  5. Service 2.0 will make due efforts to provide the Service continuously, without disruption and in accordance with the conditions described in the Terms. However, Service 2.0 reserves the right to make temporary interruptions in access to the Service for maintenance or repair purposes or for the purpose of updating, modifying or extending the Service 2.0 system or the Service (technical breaks) – insofar as these activities require such interruptions. Service 2.0 will inform the Workshop of a technical break by means of a message posted in the Panel and will plan these breaks so that they are as little inconvenient for Workshops as possible.

  6. The Service is provided continuously, 24/7 (24 hours a day, seven days a week), with an availability of 99% of the time on an annual basis.

  7. Technical breaks are not counted towards the time of system unavailability.

  8. Service 2.0 reserves the right to modify the Service 2.0 system – these modifications will not worsen the technical and organisational conditions for the use of the Service 2.0 system on the Workshop’s side.

  9. While the service is being provided, Service 2.0 ensures that data backups are made daily.

3. Conclusion of the Agreement and the DPA, Trial Period, Grace Period

  1. The Agreement is concluded upon correct registration, i.e. correctly completing the registration form on the serwis20.pl website and accepting these Terms, and confirming that the Privacy Policy has been read. The Workshop is obliged to update the data provided at registration in the Panel promptly and on an ongoing basis whenever it changes. Service 2.0 is not liable for the consequences of failing to make such updates. Registration may be carried out by the owner of a Workshop run as a sole proprietorship or by another person authorised to represent the Workshop to an extent that authorises them to conclude and perform the Agreement. Registration is equivalent to the person representing the Workshop making a statement confirming that they are authorised to conclude the Agreement in the name and on behalf of the Workshop. If the statement is untrue, Service 2.0 may take any legally permitted steps against that person and refuse to provide the Service.

  2. Promptly after the Agreement is concluded, Service 2.0 sends the Workshop, to the Workshop’s email address given in the Panel, a confirmation of the conclusion of the Agreement containing the current Terms and Price List. The Price List and the Terms are sent as PDF attachments to the confirmation. After registration, the Workshop receives access to the Workshop account in the Panel and the option of using, once, a free trial period for the time indicated in the current commercial offer given on the serwis20.pl website (7 days as standard) (the “Trial Period”). The Trial Period serves solely to become familiar with the functionalities of the Service 2.0 system.

  3. If, by the last day of the Trial Period at the latest, the Workshop does not select a paid Package in the Panel and payment for that Package for the entire selected Subscription Period is not made in advance, the provision of the Service under the Agreement is limited, which does not preclude the Workshop from later selecting a paid Package and thereby restoring the Service in full. In that case the Service is limited in such a way that, as part of the Service, Service 2.0 will provide only limited access to the Panel (limited functionality of the Workshop account in the Panel), consisting solely of the ability to view the data entered by the Workshop into the Service 2.0 system and the ability to place an order for a paid Package in the Panel, and these limited capabilities (functionalities) will be available to the Workshop for 6 (six) months from the end of the Trial Period (the “Grace Period”). During the Grace Period, the Workshop may place an order for a paid Package through its existing account in the Panel without having to register again. During the Grace Period, the Service is not provided to any extent other than the limited functionality of the account in the Panel indicated above; in particular, during the Grace Period the Workshop is not entitled to use the Service 2.0 system to any other extent. Subject to the provisions of paragraph 5, upon the end of the last day of the Grace Period the Agreement expires and access to the Workshop account in the Panel will be completely blocked.

  4. If, before the end of the Trial Period, the Workshop selects a paid Package in the Panel and pays for that Package for the entire selected Subscription Period, the Subscription Period for that Package, of the length selected when placing the order, begins upon activation of the Package, and from that moment the Service is provided to the extent and with the functionality corresponding to the purchased Package. In that case, upon payment for the selected Package the Trial Period automatically ends, and the Agreement is converted into an agreement for the selected Package for the selected Subscription Period. Because Service 2.0 provides the Service relating to paid Packages exclusively on an immediate-access basis, an order for a paid Package by a Workshop that is an entrepreneur with consumer rights requires that Workshop to make an express request for the provision of the Service under the paid Package to begin before the end of the 14-day period for withdrawal from the Agreement, counted from the date of conclusion of the Agreement. A paid Package may be ordered only if the Workshop that is an entrepreneur with consumer rights makes such a statement.

  5. If, after the end of the Trial Period but before the end of the Grace Period, the Workshop selects a paid Package in the Panel and payment is made for that Package for the entire selected Subscription Period, upon such selection and payment the Agreement is converted into an agreement for the selected Package for the selected Subscription Period, which will begin upon activation of the selected Package, and from that moment the Service is provided to the extent and with the functionality corresponding to the purchased Package. Because Service 2.0 provides the Service relating to paid Packages exclusively on an immediate-access basis, an order for a paid Package by a Workshop that is an entrepreneur with consumer rights before the end of the 14-day period for withdrawal from the Agreement requires that Workshop to make an express request for the provision of the Service under the paid Package to begin before the end of the 14-day period for withdrawal from the Agreement, counted from the date of conclusion of the Agreement. A paid Package may be ordered only if the Workshop that is an entrepreneur with consumer rights makes such a statement.

  6. Selecting a paid Package after the Agreement has expired (e.g. after the end of the Grace Period) requires prior, renewed, correct registration. Re-registration results in the conclusion of a new Agreement, but it does not entitle the Workshop to a free Trial Period and allows only the simultaneous ordering of the Service under the selected paid Package. Because Service 2.0 provides the Service relating to paid Packages exclusively on an immediate-access basis, the conclusion by a Workshop that is an entrepreneur with consumer rights of a new Agreement for a paid Package requires that Workshop to make an express request for the provision of the Service to begin before the end of the 14-day period for withdrawal from the new Agreement. A new Agreement for a paid Package may be concluded only if the Workshop that is an entrepreneur with consumer rights makes such a statement.

  7. The provisions of paragraph 3 concerning the Grace Period and the expiry of the Agreement apply accordingly to every Agreement for a paid Package when the Subscription Period of such an Agreement ends, in which case the Grace Period lasts 6 (six) months from the end of the Subscription Period of that Agreement.

  8. Each time the Workshop accepts the Terms, the Workshop and Service 2.0 conclude an agreement for the entrustment of personal data processing (the DPA) with regard to all data entered by or on behalf of the Workshop into the Service 2.0 system, concerning in particular the Workshop’s employees, Workshop Clients, their vehicles or the Workshop’s suppliers, with the content set out in Annex No. 2 to these Terms. Acceptance of the Terms means simultaneous acceptance of the DPA, which enters into force upon acceptance of the Terms. The DPA forms an integral part of the Agreement.

  9. Entering the personal data of Users who are not owners of the Workshop into the Service 2.0 system at the stage of completing the registration form is possible and permitted only on condition that these Terms are accepted and that it is confirmed at the same time that the Privacy Policy has been read.

4. Payments and subscriptions

  1. Use of the Service 2.0 system by the Workshop after the Trial Period (subject to its limited use during the Grace Period in accordance with Section 3) is subject to a fee in accordance with the price list available on the serwis20.pl website and in the Panel. Prices are given in Polish zloty (PLN) as net amounts; VAT is added to the price at the rate applicable on the date the invoice is issued (currently 23%). The gross price is presented in the Panel before the order is confirmed. The Service is provided exclusively by electronic means, without territorial restrictions, and does not involve delivery costs.

  2. Fees are payable in accordance with the Price List, in advance, in a single payment for the entire Package and Subscription Period selected by the Workshop, before the start of that period. If the provision of the Service ends before the end of the Subscription Period, the fees paid are not refundable, subject to Sections 12 and 14.

  3. Payments are made through the Przelewy24 payment system. The entity providing online payment services is the Payment Operator, i.e. PayPro S.A., with its registered office in Poznań. Available payment methods: electronic payments (fast online transfers), mobile payments (BLIK, Visa Mobile), payment card payments (Visa, MasterCard, including through the Click to Pay service) and payments using digital wallets (Apple Pay, Google Pay). Payment takes place on the Payment Operator’s website on the terms set out in its terms and conditions. A detailed and current list of the financial institutions, banks and payment instruments supported within the individual payment methods is presented each time at the ordering stage, directly before payment is made, in the transaction panel of the Przelewy24 service. Using the payment methods of the Przelewy24 service requires accepting separate terms and conditions for the provision of payment services made available by PayPro S.A. on the transaction page. The Workshop acknowledges that, while the payment is being processed, PayPro S.A. becomes an independent controller of its personal data necessary to execute the transaction.

  4. The moment of payment is deemed to be the moment the Payment Operator positively authorises the transaction. The Package is activated (the order is fulfilled) automatically and promptly, but no later than within 24 hours of the positive authorisation of the payment, regardless of the payment method selected. The Workshop receives confirmation of the order and payment at the email address assigned to the account in the Panel.

  5. Service 2.0 issues a structured invoice through the National e-Invoicing System (KSeF) within the time limit laid down by law. The Workshop accepts receiving invoices in electronic form.

  6. Before the end of a given Subscription Period relating to the selected Package, the Workshop may, within that Subscription Period, change the Package to a higher Package (with greater functionality and a higher fee) by selecting this option in the Panel and paying the additional subscription fee referred to in paragraph 8.

  7. If the Workshop changes the Package to a higher package as referred to in paragraph 6, Service 2.0 will activate the service under the selected higher Package, and this activation will take place automatically and promptly, but no later than within 24 hours of the positive authorisation of the payment of the additional subscription fee referred to in paragraph 8. The Workshop receives confirmation of the change of Package and of the payment at the email address assigned to the account in the Panel.

  8. If the Package is changed to a higher one, the Workshop will pay Service 2.0 an additional subscription fee for the given Subscription Period. This fee corresponds to the difference between the subscription amount for the selected higher Package under the current Price List and the subscription amount for the previous Package paid by the Workshop, attributable proportionally to the period from the date on which the Package is changed in the Panel to the last day of the given Subscription Period.

  9. No later than 14 days before the end of the Subscription Period, Service 2.0 informs the Workshop by email, to the Workshop’s email address given in the Panel, that the Subscription Period is about to end.

5. Technical requirements

  1. The Workshop’s use of the Service requires the Workshop to meet the following technical requirements:

    • 1.1. Having a permanent or dial-up connection to the Internet, with a bandwidth of at least 1 Mb/s, for smooth communication with the Service 2.0 system.

    • 1.2. Connecting to the Service 2.0 system using the Mozilla Firefox, Google Chrome or Microsoft Edge web browsers in their latest versions considered stable by the providers of these technologies.

    • 1.3. Using computer devices with legally installed Microsoft Windows software, version 10 or later, or iOS, macOS or Android software in a version currently supported by the manufacturer.

  2. The Connector is an optional tool. The User installs it in their browser themselves. The correct operation of the Connector depends on the code structure of the external e-Catalogue of Inter Cars S.A. Service 2.0 is not responsible for errors in the operation of the Connector caused by technical changes, software errors of the e-Catalogue of Inter Cars S.A., technical problems on the side of Inter Cars S.A., or the suspension or withdrawal of Service 2.0’s access to the application programming interface (API) of Inter Cars S.A. necessary to integrate the Panel with the e-Catalogue of Inter Cars S.A.

6. Obligations of the Workshop

  1. The Workshop is obliged to use the Service in accordance with its intended purpose, in a manner that does not disrupt its operation, and solely in connection with its business activity. The Workshop will use the Service in accordance with the Terms, the law and good practice. When using the Service, the Workshop undertakes to provide true and current data and, if the data changes, to notify Service 2.0 of this promptly, failing which the previously provided data will be deemed current. Service 2.0 is entitled at any time to take steps to verify the truthfulness and currency of the data provided by the Workshop.

  2. The Workshop bears full responsibility for the content of the data entered into the system and for the actions of the Users for whom it has created accounts. The Workshop is liable for the acts and omissions of Users as for its own acts and omissions.

  3. The Workshop may not allow entities other than authorised Users to access the Service, including the Panel and the App. The Workshop is obliged to rigorously protect its access credentials against use by third parties. The provisions of this paragraph 3 do not affect the right of a Workshop that has purchased a Package allowing this to make the Loyalty App available to Workshop Clients.

  4. The Workshop ensures that the Service will be used on its behalf only by persons who are authorised and trained in the operation of the Service 2.0 system.

  5. The Workshop is given the ability to configure the options of the Service 2.0 system covered by the Package, insofar as the Package includes this ability, according to its own needs. Service 2.0 is not liable for incorrect configuration of software options by the administrator on the Workshop’s side.

  6. The Workshop is obliged to pay the fees for the service on time, in the amount corresponding to the selected Package and the selected Subscription Period.

  7. Service 2.0 has the right to immediately delete data entered by the Workshop or a User if it contains content that infringes the law or the rights of others.

  8. A Workshop that has purchased a Package that includes the ability to make the Loyalty App available to Workshop Clients undertakes, in order to fulfil its obligations under the law, to make available within the Loyalty App:

8.1. Loyalty App Terms of Service, setting out the rules for its use by Workshop Clients,

8.2. a Loyalty App Privacy Policy, fulfilling the information obligation referred to in Article 13 GDPR.

  1. To enable a Workshop that has purchased a Package that includes the ability to make the Loyalty App available to Workshop Clients to fulfil the obligations referred to in paragraph 8, Service 2.0 makes available in the Panel a functionality for configuring the documents referred to in paragraph 8, based on templates of these documents provided by Service 2.0 and set out in Annex No. 3 to the Terms. The templates of the Loyalty App Terms of Service and the Loyalty App Privacy Policy are made available to the Workshop solely to make it easier to fulfil its obligations, and the Workshop is not obliged to use these templates. The Workshop is obliged to verify the templates provided itself for their compliance with the law currently in force (including the GDPR, the Civil Code and the Act on the Provision of Services by Electronic Means) and with the specifics of its business. Service 2.0 does not provide legal advice and is not liable for any damage, losses, administrative fines imposed (in particular by the President of the Personal Data Protection Office) or costs of court proceedings incurred by the Workshop or third parties that result directly or indirectly from the use, completion, modification or publication of the templates of the Loyalty App Terms of Service and the Loyalty App Privacy Policy provided by Service 2.0.

  2. A Workshop that has decided to use the templates referred to in paragraph 9 is obliged, in order to use them, to:

10.1. fill in the form with the Workshop’s contact and registration details in the Panel accurately and completely; these details will be automatically inserted by the Service 2.0 system into the template content of the Loyalty App Terms of Service and the Loyalty App Privacy Policy,

10.2. approve (publish) the generated documents in the Panel, which is a necessary condition for launching the Loyalty App and making it available to the Clients of the given Workshop.

  1. Service 2.0 ensures that, once the Workshop has approved the documents in accordance with paragraph 10, the Service 2.0 system will automatically ensure that these documents are permanently and continuously available to Workshop Clients in the Loyalty App menu.

  2. In order to fulfil the obligations referred to in paragraph 8, the Workshop may use Loyalty App Terms of Service or a Loyalty App Policy other than those set out in the templates referred to in paragraph 9, provided that the Workshop ensures that such Loyalty App Terms of Service and Loyalty App Policy will not conflict with these Terms, the functionality of the Service 2.0 system or the law in force. Service 2.0 will perform the actions referred to in paragraph 11 with regard to documents so selected and used within 3 (three) days of the date of their publication in the Panel by the Workshop.

7. Technical support and problem reporting procedure (SLA)

  1. For the purposes of technical support for the Service 2.0 system, Service 2.0 provides a dedicated functionality in the system enabling communication via:

    • 1.1. The support email address: kontakt@serwis20.pl.

    • 1.2. The Help-Desk support line at the telephone numbers given in the Panel.

  2. Technical support is provided on Business Days, from 9:00 to 17:00.

  3. Before reporting a problem, the Workshop is obliged to check that the relevant infrastructure on its own side is working correctly and that the services of the telecommunications operators through which it carries out basic communication with the technical infrastructure of the Service 2.0 system are working correctly.

  4. Service 2.0 will respond to reported technical problems by checking possible causes of the problem on its side and by providing technical support regarding the conditions for the correct use of the Service.

  5. Service 2.0 undertakes to maintain a response time of no more than 48 hours from receipt of a report (understood as starting to verify the problem and informing the Workshop of the status of the work).

  6. Service 2.0 undertakes to remove Faults within three business days of their being reported, provided that the report contains a proper description of the problem (Fault) sufficient to identify it.

  7. If technical problems are found on the side of the Service 2.0 system that prevent the use of the system’s functionality (a Defect) under the paid Package, Service 2.0 undertakes to restore a state that enables the use of the Service no later than within 1 (one) Business Day of the date the problem was reported.

  8. Service 2.0 is not obliged to resolve problems arising from causes on the Workshop’s side (described in Section 9 of these Terms), problems resulting from the Workshop’s breach of the provisions of the Agreement, or from performing activities and operations not described in the available documentation or inconsistent with its description. Service 2.0 may resolve such a problem only upon receiving a separate order for additional remuneration agreed by the Parties.

  9. Service 2.0 is not obliged to resolve problems with the correct operation of the Connector caused by technical changes or software errors of the e-Catalogue of Inter Cars S.A. or by technical problems on the side of Inter Cars S.A.

8. Termination of the Agreement due to breaches

  1. Service 2.0 reserves the right to limit the scope of or suspend the provision of the Service with immediate effect if it finds that the Workshop (or Users, for whose acts and omissions the Workshop is liable as for its own) has breached the terms of the Agreement, breached the law or infringed the economic copyrights of Service 2.0. In such cases, the fees paid are not refundable.

  2. Service 2.0 will set the Workshop a 14-day deadline to remedy the effects of the breaches referred to in paragraph 1 by means of a notice sent electronically to the Workshop’s email address given in the Panel. If this deadline passes without effect, Service 2.0 has the right to terminate the Agreement with immediate effect.

  3. In the event of a material breach of the Agreement by Service 2.0, the Workshop will set Service 2.0 a 14-day deadline to remedy the effects of that breach (in particular by restoring the required functionality of the Service 2.0 system) by means of a notice sent electronically to the email address of Service 2.0 indicated in Section 1(2) of the Terms. If this deadline passes without effect, the Workshop has the right to terminate the Agreement with immediate effect. In that case, the provisions of Section 12(5) and (6) concerning the refund of part of the fee for the purchased Package apply accordingly.

9. Limitation of liability of Service 2.0

  1. With respect to a Workshop that is not an entrepreneur with consumer rights, Service 2.0 is not liable for damage consisting in the loss of benefits that the Workshop would have obtained had the damage not been caused to it (exclusion of liability for lost profits – Latin lucrum cessans).

  2. Service 2.0 is not liable for problems with access to the Service and the Service 2.0 system arising for reasons beyond the control of Service 2.0, in particular due to hacker attacks (including DDoS, flood) or the unavailability or malfunction of telecommunications links for reasons attributable to telecommunications operators.

  3. Service 2.0 is not liable for damage caused by reasons attributable to the Workshop or the User, and is also not liable in the event of:

    • 3.1. Defects in the computer hardware used by the Workshop or the User.

    • 3.2. Improper operation of hardware or third-party software installed on the hardware of the Workshop or the User.

    • 3.3. Unauthorised interference with the software or databases of Service 2.0.

    • 3.4. Incorrect, erroneous or incomplete data entered by the Workshop or the User.

    • 3.5. Incorrect configuration of the system by the administrator on the Workshop’s side, or incorrect operation of the system or operation inconsistent with its intended purpose.

    • 3.6. Use of access codes (logins, passwords, PINs) by unauthorised persons, in particular due to the Workshop’s lack of appropriate safeguards or the voluntary disclosure of these codes to such persons.

    • 3.7. Unlawful data being entered by the Workshop or the User when using the Service (where, due to the content of the data or the circumstances in which it was entered, this constitutes a breach of the law).

  4. Any liability of Service 2.0 for damages towards a Workshop that is not an entrepreneur with consumer rights for non-performance or improper performance of the Agreement is limited in amount, such that the total liability of Service 2.0 may not exceed an amount equal to the fee actually paid by that Workshop for the Package currently in use for the last 1 month preceding the occurrence of the damage.

  5. Service 2.0 is not liable for damage resulting from interruptions in the operation of the Service 2.0 system:

a) caused by force majeure (in particular: natural disasters, wars, decisions of state authorities, failures of a global nature or failures of providers of network and cloud infrastructure independent of Service 2.0);

b) caused by the actions of the Workshop itself or of third parties for whom Service 2.0 is not responsible;

c) resulting from the need to carry out work during technical breaks, provided that Service 2.0 informed the Workshop of them in advance in the administration Panel or by email.

10. Intellectual property

  1. Service 2.0 is the sole holder of the economic copyrights to the software, source code, interfaces, documentation and structure of the Service 2.0 system.

  2. The Workshop may not reproduce the source code, decompile, disassemble, modify or reverse-engineer the software of the Service 2.0 system.

  3. The Workshop may not make the software of the Service 2.0 system or its related documentation (including individual modules of the system) available to third parties under any legal title. This does not affect the Workshop’s right to create User accounts and make them available to Users, or the right of a Workshop that has purchased a paid Package that includes the ability to make the Loyalty App available to its Clients on the terms set out in the Terms to make this App available to those Clients.

  4. Making copies of the software of the Service 2.0 system and the related technical documentation by the Workshop or Users is strictly prohibited.

11. Confidentiality

  1. The Parties undertake to keep confidential all technical, technological, commercial, organisational and financial information of the other Party obtained in the course of performing the Agreement that has not been made public (hereinafter: “Confidential Information”).

  2. Service 2.0 undertakes not to modify or make available to third parties the operational data entered by the Workshop into the database of the Service 2.0 system, unless this is necessary to repair a reported Defect/Fault or results from an order of the competent state authorities.

  3. The confidentiality obligation binds the Parties for the duration of the Agreement and for 3 years after its termination or expiry.

  4. The transfer of Confidential Information to the competent state authorities, including courts, at their request, to the extent necessary to fulfil an obligation under the law, will not constitute a breach of the confidentiality obligation.

12. Withdrawal from the Agreement

  1. A Workshop that is not an entrepreneur with consumer rights does not have the right to withdraw from the Agreement without giving a reason.

  2. A Workshop that is an entrepreneur with consumer rights may withdraw from the Agreement within 14 days of the date of its conclusion, without giving a reason, by submitting a statement in documentary form to the email address: kontakt@serwis20.pl or in writing to the address of Service 2.0 indicated in Section 1(1) of the Terms. For this purpose, a Workshop that is an entrepreneur with consumer rights may use the model form constituting Annex No. 4 to the Terms. Service 2.0 will promptly send the Workshop confirmation of receipt of the statement of withdrawal from the Agreement. The confirmation will be sent electronically to the Workshop’s email address used to submit the statement or, if the statement was submitted in writing, to the Workshop’s email address given in the Panel.

  3. In the event of withdrawal from the Agreement during the free Trial Period, the Workshop bears no costs and no amounts are refunded to the Workshop.

  4. By placing an order and paying for a paid Package before 14 days have passed from the date of conclusion of the Agreement (both during and after the Trial Period), a Workshop that is an entrepreneur with consumer rights requests that the provision of the paid Service begin before the end of the statutory period for withdrawal from the Agreement.

  5. If the right of withdrawal from the Agreement is exercised after the request referred to in paragraph 4 has been made, the Workshop is obliged to pay for the paid services performed by Service 2.0 up to the moment of withdrawal from the Agreement.

  6. The amount of the payment referred to in paragraph 5 is calculated in proportion to the extent of the paid service performed (the number of days on which the paid Service was provided under the purchased Package), excluding the free Trial Period. Service 2.0 will refund the payment reduced by this proportional amount on the terms set out in Section 14 (Refunds).

13. Complaints

  1. The Workshop may submit a complaint concerning the Service, including settlements and payments, by email to kontakt@serwis20.pl, in writing to the address of the registered office of Service 2.0 or via the form in the Panel.

  2. The complaint should contain: the business name and NIP of the Workshop, the email address assigned to the account, the invoice number or transaction identifier (if it concerns a payment), a description of the irregularity together with the date on which it occurred, and the Workshop’s demand. Providing the above data, to the extent necessary to identify the Workshop, is a condition for the complaint to be considered. If data is missing that makes it impossible to identify the complaint, Service 2.0 will promptly ask the Workshop to complete it.

  3. Service 2.0 considers the complaint and responds to it electronically to the Workshop’s email address given in the Panel within 14 days of the day of its receipt.

  4. A Workshop that is not an entrepreneur with consumer rights is obliged to submit a complaint within 30 days of the day on which the event giving rise to it occurred, failing which it loses the right to rely on these irregularities in the future. For a Workshop that is an entrepreneur with consumer rights, the time limit for submitting a complaint is governed by generally applicable law.

  1. Complaints concerning solely the operation of the Przelewy24 system, in particular an incorrect charge to an account or card, may also be submitted directly to the Payment Operator in accordance with the rules set out in its terms and conditions. Service 2.0 provides the Workshop with the necessary help and support to clarify irregularities in the course of such proceedings.

  2. Reports of Defects and Faults are handled under the procedure in Section 7. This does not exclude the right to submit a complaint.

14. Refunds

  1. A refund in the amount resulting from the relevant provisions of the Terms is made in the event of: (a) effective withdrawal from the Agreement by a Workshop that is an entrepreneur with consumer rights; (b) acceptance of a complaint, where upholding it consists in a refund of all or part of the fee; (c) effective termination of the Agreement by the Workshop under the procedure set out in Section 8(3); (d) effective termination of the Agreement by the Workshop under the procedure set out in Section 15(4); (e) payment of a fee in an amount higher than required.

  2. Service 2.0 makes the refund promptly, no later than within 14 days of the day of receipt of the statement of withdrawal, acceptance of the complaint or identification of the overpayment.

  3. The refund is made using the same payment method that the Workshop used, unless the Workshop has expressly agreed to a different method of refund that does not involve any costs for it. In the case of payment by payment card, the funds are refunded to the account of the card used to make the payment.

  4. No refund is due in particular if the Workshop cancels the Service, if the provision of the Service is suspended or the Agreement is terminated for reasons attributable to the Workshop, or if the limits covered by the Package are not used.

15. Other cases of termination of the Agreement and amendment of the Terms

  1. In addition to the other cases described in these Terms, the Agreement terminates upon the end of the last day of the Grace Period. Within 30 days of the termination of the Agreement, the data is permanently deleted from the production systems (in accordance with the DPA).

  2. Service 2.0 reserves the right to amend these Terms for important reasons, which include:

    1. the need to adapt the Terms to legal provisions that directly affect the provision of the Services,

    2. orders, rulings or guidelines issued by competent state authorities or courts,

    3. technical and technological changes in the operation of the Service (including updates, development of functionality, a change of hosting infrastructure),

    4. a change in the identification data of Service 2.0 (e.g. a change of legal form or registered office address).

  3. Workshops will be informed of changes 14 days in advance by email or by a message in the Panel.

  4. A Workshop that does not accept the changes made to the Terms has the right to refuse to accept them. Refusal to accept the changes is equivalent to termination of the Agreement with immediate effect. In that case, the provisions of Section 12(5) and (6) concerning the refund of part of the fee for the purchased Package apply accordingly.

  5. To report non-acceptance of the changes, the User should send an appropriate statement to the email address of Service 2.0 specified in Section 1(2) before the day on which the changes to the Terms enter into force.

  6. Failure to object within the time limit referred to in paragraph 5 is deemed to be acceptance of the changes by the User and results in being bound by the amended provisions of the Terms.

  7. The Terms are governed by the law of the Republic of Poland. In matters not regulated by the Terms, the provisions of the Civil Code and the Act on the Provision of Services by Electronic Means apply. All disputes will be subject to the jurisdiction of the courts of the Republic of Poland and will be resolved by the common court having local jurisdiction over the registered office of Service 2.0.

ANNEX NO. 1 TO THE TERMS OF SERVICE FOR THE ELECTRONIC PROVISION OF SERVICES OF THE SERVICE 2.0 SYSTEM

PRIVACY POLICY

Effective from 26.10.2026

1. General provisions and definitions

  1. The controller of the personal data collected through the Service 2.0 system is Service 2.0 Prosta Spółka Akcyjna, with its registered office in Poznań, ul. Święty Marcin 29/8, 61-806 Poznań, entered in the register of entrepreneurs of the National Court Register under KRS number 0001102708, whose registration files are kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, NIP 7831903174, REGON 528481031 (hereinafter: the “Controller”).

  2. In matters relating to the protection of personal data, the Controller can be contacted at the email address: kontakt@serwis20.pl.

  3. This Privacy Policy sets out the rules for processing data as part of the Services, provided electronically, of access to the Service 2.0 system in the SaaS (Software as a Service) model through (using):

    • The Website: the website at serwis20.pl.

    • The Panel: the administration panel at panel.serwis20.pl, which provides access to the Service and the management of the use of the Service

    • The App: the application used for the electronic provision of the services of the Service 2.0 system

    • The Connector: the “Service 2.0 Connector” extension for the Google Chrome browser, which integrates the Panel with the e-Catalogue of Inter Cars S.A.

  4. The following terms have the meanings given below:

    • Workshop: an entrepreneur using the services of Service 2.0 under an Agreement concluded on the terms of the Terms.

    • User: a natural person who performs the steps of registering the Workshop in the Service 2.0 system, or who logs in to the Panel and uses it in the name and on behalf of the Workshop (e.g. the owner of the Workshop, a mechanic, a front-office employee).

    • Agreement: the agreement for the provision of services by electronic means concluded between the Controller and the Workshop on the terms set out in the Terms.

    • Terms: the terms of service for the electronic provision of services of the Service 2.0 system, which set out the rules for providing those services, including for using the Service 2.0 system, the Website, the Panel and the App.

    • Service: the service of access to the Service 2.0 system provided under the Agreement to the extent resulting from the purchased Package and the Terms.

2. The role of the Controller and the role of the Workshop

The operation of the Service 2.0 system involves two independent legal relationships concerning the processing of personal data:

  • The Controller as an Independent Controller: It decides independently on the purposes and means of processing Users’ data.

  • The Controller as a Processor: All data entered by the Workshop into the Service 2.0 system – concerning Workshop Clients, vehicles, suppliers and employees, as well as records of Users’ actions in the Panel, such as information on who created or changed an entry, and the statistics of individual Users – is processed by the Controller solely in the name and on the instructions of the specific Workshop. The Workshop is the controller of this data within the meaning of the GDPR. The Controller processes this data under the Data Processing Agreement (DPA), and Workshops’ clients or other data subjects to whom this data relates should contact the relevant Workshop directly in order to exercise their rights regarding their personal data.

3. Purposes, legal bases and periods of data processing

The personal data of Users and Workshops is processed to the extent, for the purposes and for the periods described below:

  • Registration and provision of services on the terms set out in the Terms:

    • Scope of data: The first name, surname, email address, telephone number, company name, NIP, REGON and business address of the Workshop; the first name and surname, email address and telephone number of the person carrying out the registration.

    • Legal basis: Article 6(1)(b) GDPR (processing necessary for the conclusion and performance of the Agreement) or Article 6(1)(f) GDPR (legitimate interest, in the case of Users who are not owners of the Workshop).

    • Period: For the duration of the Agreement.

  • User accounts:

    • Scope of data: First name, surname, email address, telephone number, password, an optional PIN code and the role or permissions assigned in the system (e.g. mechanic, manager, customer adviser).

    • Legal basis: Article 6(1)(f) GDPR (legitimate interest – ensuring a secure service and managing permissions).

    • Period: For as long as the account exists in the Panel, and no later than the date of expiry of the Agreement.

  • Financial settlements, accounting and tax obligations:

    • Scope of data: Company name, NIP, address, email address, data on the purchased subscription Package and its price.

    • Legal basis: Article 6(1)(c) GDPR (a legal obligation under the provisions of the Accounting Act and the VAT Act).

    • Period: 5 years from the end of the calendar year in which the tax payment deadline expired.

  • Handling electronic payments relating to the Agreement:

    • Scope of data: Transaction identifier, payment status, amount, email address.

    • Legal basis: Article 6(1)(b) GDPR (necessity for the performance of the agreement for the provision of the Service) and Article 6(1)(c) GDPR (compliance with a legal obligation to which the Controller is subject under tax and accounting law).

    • Period: 5 years from the end of the calendar year in which the deadline for paying the income tax relating to the payment expired.

  • Marketing consent to the transfer of data to Inter Cars S.A.:

    • If the Workshop gives separate, voluntary consent, its personal data in the form of first name, surname, company name, company address and email address may be shared by the Controller with Inter Cars S.A. for marketing purposes, only once, at registration. The legal basis for such processing is Article 6(1)(a) GDPR (consent of the data subject). This consent may be withdrawn at any time, which, however, does not affect the effectiveness and lawfulness of the earlier one-off sharing of this data at registration.

    • Once the data has been transferred, Inter Cars S.A. becomes an independent and separate controller of the transferred personal data and processes it for its own marketing and promotional purposes, in accordance with its own privacy policy, and Service 2.0 is not responsible for the processing operations performed by Inter Cars S.A. after the data has been shared on the basis of the Workshop’s consent.

  • IT security, system logs and telemetry:

    • Scope of data: IP address, timestamp (date and time of login/request), browser type and version, operating system, the User’s internal identifier and system error reports (crash analytics).

    • Legal basis: Article 6(1)(f) GDPR (legitimate interest – ensuring stability and network security and fixing failures efficiently).

    • Period: Server logs for 90 days; error reports for 90 days.

  • Establishing, pursuing and defending claims and handling legal requests:

    • Scope of data: Any data collected in the course of the cooperation that is necessary for legal purposes, for settling requests, and for pursuing and defending claims (including the content of GDPR requests and of notices under Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act – the “DSA”)).

    • Legal basis: Article 6(1)(f) GDPR (legitimate interest – protecting the Controller’s rights) and Article 6(1)(c) GDPR (handling requests under the GDPR and the Digital Services Act – DSA).

    • Period: Until the limitation period for the relevant claims expires.

4. Voluntary provision of data.

Providing registration data is voluntary, but it is a necessary condition for concluding the Agreement and activating the Panel. Providing data for invoices is a statutory requirement. Consent to the transfer of data to Inter Cars S.A. is entirely optional and voluntary.

5. The “Service 2.0 Connector” extension

  1. The optional Connector extension is used to integrate orders in the external e-Catalogue of Inter Cars S.A. with the Panel. The plug-in operates on data of which the Workshop is the controller.

  2. Scope of data: During the parts ordering process, the plug-in retrieves from the Panel the appointment identification data, the make and model of the vehicle and the first name and surname of the Workshop’s client.

  3. Storage: The data is processed only temporarily in the cache memory (RAM) of the User’s browser. The tool does not save the data to disk and does not send it to the Service 2.0 servers. The data is deleted once the order is finalised.

  4. External transfer: When moving to the basket in the e-Catalogue, the plug-in automatically adds the synchronisation code [S20 appointment number] to the comment field. This number is transferred to Inter Cars S.A. together with the order. No other data of Workshops’ clients related to their use of the Service 2.0 Connector extension is transferred.

6. Recipients of personal data

The personal data of Users and Workshops is transferred only to trusted third parties for the purpose of providing the Services:

  • Providers of hosting and dedicated cloud infrastructure (storage of databases and backups).

  • Providers of mailing systems for sending system notifications.

  • Providers of error diagnostics and telemetry tools.

  • External electronic payment operators, as separate controllers – for the purpose of executing and settling transactions.

  • Inter Cars S.A. (as regards the appointment number via the Connector or the data transferred where marketing consent has been given).

  • Public administration authorities and other state authorities authorised to receive it (including administrative and tax authorities and courts), including through the National e-Invoicing System (KSeF); in each case the transfer to these entities will take place in fulfilment of an obligation under the law.

7. Transfer of data outside the European Economic Area (EEA)

All databases are stored on servers in Europe. Due to cooperation with global IT providers linked to the USA, where technical support is needed, data transfers are safeguarded in accordance with the requirements of the GDPR:

  • By the Standard Contractual Clauses approved by the European Commission (in the case of the hosting provider).

  • By the EU-U.S. Data Privacy Framework (in the case of the provider of error analysis tools, which holds an active certification).

8. Cookies

  1. The Website, the Panel and the App use cookies or alternative technologies for storing information on the user’s end device in order to provide the necessary functionality for logging in and maintaining the user’s session.

  2. The Controller does not track Users’ activity for the purposes of marketing, behavioural profiling or the personalisation of advertising. The session of a logged-in User and the basic functions of the system are maintained using secure server-side architectural mechanisms.

9. Data security

The Controller applies technical and organisational measures that protect the personal data processed at a level appropriate to the risks associated with a cloud architecture. In particular:

  1. All connections within the system, the Panel and the App are encrypted using the secure SSL/TLS protocol.

  2. Access to the databases is restricted and encrypted, and the Controller makes backups regularly. Data deleted from the production system disappears irreversibly from the backups within no more than 30 days.

10. Rights of data subjects

Every data subject has the right to:

  1. Access their data and receive a copy of it (Article 15 GDPR).

  2. Rectification of data (Article 16 GDPR) — the Workshop and the User can correct or rectify most of the account data themselves, directly in the settings of the Service 2.0 system.

  3. Erasure of data (Article 17 GDPR), where there is no basis for its further storage.

  4. Restriction of processing (Article 18 GDPR).

  5. Portability of the data (Article 20 GDPR) that the Controller processes on the basis of the Agreement or of consent given.

  6. Withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

  7. Lodge a complaint with the President of the Personal Data Protection Office (ul. Stawki 2, 00-193 Warsaw, https://uodo.gov.pl) or with another competent supervisory authority in the Member State of the European Union in which the person lives or works.

10.1 Right to object

The data subject has the right to object at any time — on grounds relating to their particular situation — to the processing of their data on the basis of the Controller’s legitimate interests (Article 21 GDPR). In that case, the Controller will stop processing the data unless it demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or grounds for the establishment, exercise or defence of legal claims.

Please send all requests to: kontakt@serwis20.pl.

11. Changes to the Privacy Policy

  1. The Controller reserves the right to make changes to this Privacy Policy for important reasons, such as changes in the law, the implementation of new technological solutions or changes in the scope of the Services provided.

  2. Users will be informed of any changes with appropriate notice (of no less than 14 days) by a message displayed in the Panel or by an email sent to the address assigned to the account.

12. Terms used in the Privacy Policy

All terms used but not defined in this Privacy Policy have the meaning given to them in the Terms.

ANNEX NO. 2 TO THE TERMS OF SERVICE FOR THE ELECTRONIC PROVISION OF SERVICES OF THE SERVICE 2.0 SYSTEM

DATA PROCESSING AGREEMENT

(hereinafter: the “DPA”)

concluded between the Workshop (hereinafter the “Controller”) and Service 2.0 Prosta Spółka Akcyjna (Service 2.0 P.S.A.), with its registered office in Poznań, ul. Święty Marcin 29/8, 61-806 Poznań, entered in the register of entrepreneurs of the National Court Register under KRS number 0001102708, whose registration files are kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, NIP 7831903174, REGON 528481031 (hereinafter the “Processor”), by the Workshop’s acceptance of the Terms and of the DPA.

§ 1. Purpose and subject matter of the entrustment

  1. The DPA is concluded for the purpose of performing the agreement for the provision of the services of the Service 2.0 system concluded on the terms set out in the Terms (hereinafter: the “Main Agreement”) and forms an integral part of it.

  2. The Controller entrusts the Processor with the processing of personal data for the purpose of, and to the extent necessary for, the performance of the Main Agreement, including making available and maintaining the tools of the Service 2.0 system (among others the Panel, the App and the Connector extension) and providing technical support. The processing comprises storing data in the cloud, processing data within the functionalities of the Service 2.0 system, and maintenance and technical support of the Service 2.0 system.

  3. The scope of the entrusted data covers:

    • Within the Panel, the App and the Loyalty App: data of Users and employees of the Workshop (first name, surname, telephone number, email address, records of Users’ actions in the Panel and their statistics), data of Workshop Clients (first name, surname, telephone number, email address, IP address, login data, transaction history and other data entered by Workshop Clients when using the Loyalty App, in particular in messages sent in the Loyalty App), vehicle data (make, model, year, VIN, registration numbers, repair history), data of Workshops’ suppliers (first name, surname, telephone number, email address).

    • Within the Connector extension: appointment data, vehicle data, the order number and the first name and surname of the Workshop Client – retrieved solely for the purpose of synchronising parts orders with the e-Catalogue of Inter Cars S.A.

§ 2. Specifics of processing by the Connector extension

  1. The Parties confirm that the Connector extension operates on the personal data of Workshops’ clients only temporarily and locally, in the cache memory (RAM) of the User’s web browser.

  2. The Connector extension does not save the entrusted data on the hard drives of devices, does not store it permanently and does not send it to the Processor’s servers. This data is irreversibly deleted once the order is finalised or the session is closed.

  3. The only external transfer operation performed by the Connector is the automatic transmission of the technical appointment number in the format [S20 appointment number] to the external e-Catalogue of Inter Cars S.A. together with the order placed by the User.

  4. The Controller is responsible for ensuring the security of the end devices on which Users install and run the Connector extension, including protecting those devices against unauthorised access by third parties and against malware.

  5. The Processor is not liable for irregularities in the processing or transfer of data by the Connector extension resulting from technical changes, modifications of the source code, or errors or technical problems on the side of Inter Cars S.A.

§ 3. Obligations of the Processor

The Processor undertakes to:

  1. Process data only on the documented instructions of the Controller, which are deemed to be the operations ordered by Users in the Service 2.0 system. The conclusion of the Main Agreement and the use of the functionalities of the Service 2.0 system are also deemed to be such instructions.

  2. Ensure that the persons authorised to process the data have committed themselves to confidentiality.

  3. Apply technical and organisational measures ensuring cloud security, including encryption of connections using the SSL/TLS protocol.

  4. Notify the Controller of a personal data breach without undue delay, and no later than within 48 hours of its discovery.

  5. Assist the Controller, as far as possible, in fulfilling its obligation to respond to requests from data subjects.

§ 4. Further entrustment (Sub-processing)

  1. The Controller gives its general consent to the Processor using the services of other processors (Sub-processors) indicated in the current Privacy Policy.

  2. The Processor will inform the Controller of planned changes of Sub-processors by email or in the Panel, giving the Controller the right to object within 14 days.

§ 5. Inspection and audit

  1. The Processor makes available to the Controller the information necessary to demonstrate compliance with the obligations under Article 28 GDPR.

  2. The Controller has the right to carry out an audit of IT procedures relating solely to its own data, after giving 30 days’ notice. The audit may not breach business secrets in relation to other clients of the Service 2.0 system or disrupt the operation of the system.

§ 6. Duration and deletion of data

  1. The DPA remains in force for the duration of the Main Agreement and expires on the date on which the Main Agreement expires.

  2. After the Main Agreement expires, the Processor deletes all personal data and deletes existing copies, unless applicable law requires their further storage.

  3. Upon expiry of the Main Agreement, personal data in the production databases is permanently deleted within 30 days of the date of expiry of the Main Agreement. The data is completely deleted from backup copies within a further 30 days.

§ 7. Final provisions

  1. Capitalised terms used in this DPA that are not defined in this DPA have the meaning given to them in the Terms of Service for the Electronic Provision of Services of the Service 2.0 System (the “Terms”).

  2. The DPA is governed by the law of the Republic of Poland. In matters not regulated by this DPA, the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (the “GDPR”) and the provisions of the Polish Civil Code apply. All disputes will be subject to the jurisdiction of the courts of the Republic of Poland and will be resolved by the common court having local jurisdiction over the Processor’s registered office.

ANNEX NO. 3 TO THE TERMS OF SERVICE FOR THE ELECTRONIC PROVISION OF SERVICES OF THE SERVICE 2.0 SYSTEM

MODEL TERMS OF SERVICE FOR THE LOYALTY APP

§ 1. General provisions

  1. These Terms set out the rules for using the application named “____” (the name of the application is set by the Service Provider) (hereinafter the “App”).

  2. The entity providing services by electronic means through the App under these Terms and the Agreement, and the entity making the App available to Users, is:
    [Full name of the workshop], with its registered office in [•], address: [•], entered in the register of entrepreneurs of the National Court Register (KRS) under number [•] / the Central Register and Information on Business Activity (CEIDG), NIP: [•], REGON: [•], email address: [•], telephone number: [•] (hereinafter the “Service Provider” or “Workshop”).

  3. The App is a component of the integrated software platform “Service 2.0 system” maintained and supplied by Service 2.0 Prosta Spółka Akcyjna to the Service Provider in the SaaS (Software as a Service) model under an agreement concluded by the Service Provider with Service 2.0 (the “SaaS Agreement”). All economic copyrights to the technological solutions, code and interface of the App belong to Service 2.0 Prosta Spółka Akcyjna.

  4. A user of the App (hereinafter the “User”) may be any natural person with full legal capacity (including a consumer), legal person or organisational unit without legal personality that has logged in to the App or installed the App on their device.

  5. Installing and using the App is completely free of charge for the User. The costs of the data transmission needed to download and use the App result from the User’s agreements with their telecommunications operator and are borne by the User.

§ 2. Technical requirements, logging in to the App, installation of the App, conclusion of the Agreement

1. The App is a web application. Using it requires a device (e.g. a smartphone, tablet or computer) equipped with an up-to-date web browser (e.g. Google Chrome, Safari, Mozilla Firefox, Microsoft Edge) and an active connection to ICT networks (the Internet).

2. Access to the App and its installation on a device (e.g. by adding an icon to the home screen) take place without the involvement of official app stores, via:

• a direct activation link sent to the User by the Workshop in an email or text message, or

• a dedicated URL posted on the Workshop’s website.

3. A person intending to use the App clicks the activation link or URL referred to in paragraph 2 on their device and may, at their choice, register for the App without installing the App on their device in order to use it through a web browser, or install the App on their device and register for the App in order to use the App without the visible layout of a website. In both cases the functionality of the App is the same.

4. To register, the person intending to use the App uses the authorisation data provided by the Workshop and gives their email address.

5. Registration for the App means acceptance of these Terms and confirmation of having read the App Privacy Policy, both available in the App menu before registration. Upon registration, an agreement for the free-of-charge use of the App on the terms set out in these Terms is concluded (the “Agreement”).

§ 3. Functionalities of the App

The Agreement enables the User to use the App to the following extent:

  1. Contact request: A form for sending the Workshop an enquiry asking for a call back or an email reply.

  2. Access to appointment data (vehicle history): A view of the list of scheduled and past repairs and inspections of the vehicles assigned to the User’s account.

  3. Vehicle status notifications: Receiving messages within the App about the stage of the work or about the vehicle being ready for collection from the Workshop.

Additional functions may be added to the App functionality available to the User if the owner of the Service 2.0 system makes such a modification.

§ 4. Rights and obligations of the User, expiry of the Agreement

  1. The User is obliged to use the App in accordance with the law, good practice and the provisions of these Terms; in particular, the User may not infringe the economic copyrights to the App or take actions aimed at spamming the App.

  2. The User is prohibited from providing unlawful content, including providing false personal data or data of other people’s vehicles without authorisation. The User bears full and sole responsibility for the content of the data entered into the App.

  3. The User may at any time, without giving a reason and without incurring any costs, stop using the App by removing (uninstalling) it from their mobile device. The Agreement expires when the User stops using the App. In order to completely delete the User account and the data associated with it from the server system, the User should submit such a request to the Service Provider electronically to the email address specified in § 1(2).

  4. The Agreement expires when the Workshop’s right to make the App available to the Workshop’s clients under the SaaS Agreement expires. The Workshop will notify the User of the expiry of the Agreement for this reason by email. Since the User’s use of the App is free of charge, the User has no claims against the Workshop on account of the expiry of the Agreement.

§ 5. Right of withdrawal from the Agreement (applies to consumers)

  1. A User who is a consumer and has concluded the Agreement has the right to withdraw from it without giving a reason within 14 days of the day of its conclusion (i.e. from the moment the account is registered).

  2. To exercise the right of withdrawal from the Agreement, the User must inform the Workshop of their decision by means of an unequivocal statement, by sending an email to the address indicated in § 1(2) or in writing to the address of the Workshop indicated in § 1(2). The User may use the model withdrawal form constituting an annex to the Terms, but this is not obligatory.

  3. As the service of access to the App is completely free of charge for the User, if the right of withdrawal from the Agreement is exercised after the request referred to in paragraph 4 has been made, the User does not incur any costs or fees to the Workshop on this account.

§ 6. Complaints concerning the operation of the App

  1. The User has the right to submit complaints in matters concerning the operation of the App.

  2. Complaints should be submitted electronically to the Workshop’s email address given in § 1(2).

  3. The complaint should contain a description of the problem and the User’s identification data (the email address assigned to the account).

  4. The Workshop considers complaints within 14 days of the day of their receipt and responds to the email address from which the complaint was sent.

§ 7. Personal data protection

The rules for processing the personal data of App Users, including the purposes of processing, the legal bases and the rights of Users, are set out in the App Privacy Policy, available in the App menu.

§ 8. Final provisions

  1. The Workshop reserves the right to amend the Terms for important reasons (e.g. changes in the law, modernisation of the App’s functionality). Users will be notified of changes by a message within the App at least 14 days in advance.

  2. A User who does not accept the changes made to the Terms has the right to refuse to accept them and to stop using the App. Refusal to accept the changes is equivalent to termination of the Agreement with immediate effect and results in the deletion of the User account.

  3. To report non-acceptance of the changes to the Terms, the User should send an appropriate statement (e.g. reading: “I do not accept the changes to the terms of service and request the deletion of my account”) to the Workshop’s email address specified in § 1(2) before the day on which these changes enter into force.

  4. Failure to object within the time limit referred to in paragraph 3 is deemed to be acceptance of the changes to the Terms by the User.

  5. In matters not regulated by these Terms, the relevant provisions of Polish law apply, in particular the Civil Code and the Act on the Provision of Services by Electronic Means.

  6. The Terms enter into force on [•].

ANNEX TO THE TERMS OF SERVICE for the use of the mobile application named “____”

MODEL WITHDRAWAL FORM

(complete and return this form only if you wish to withdraw from the Agreement, where this right applies)

To:

Workshop name: ………………………..

Workshop address: ………………………….

Workshop email address: …………………………

I hereby give notice of my withdrawal from the Agreement for the free-of-charge use of the mobile application named “____”

Date of conclusion of the Agreement – account registration: ............................................................

First name and surname: ............................................................

Email address assigned to the account ............................................................

Signature (only if this form is sent on paper):

…………………………………………………

Date: ............................................

MODEL PRIVACY POLICY FOR THE LOYALTY APP

1. Who is the controller of your data?

The controller of the personal data of App Users collected through the application named “_____” (the name of the application is set by the Service Provider) (hereinafter the “App”) is:
[Full name of the Workshop], with its registered office in [•], address: [•], NIP: [•] (hereinafter the “Controller” or the “Workshop”).
In matters relating to the protection of personal data, you can contact us at the email address: [Workshop email address].

2. The role of the technology provider (SaaS)

The Controller informs you that the App runs on software supplied by Service 2.0 Prosta Spółka Akcyjna, with its registered office in Poznań (hereinafter the “SaaS Provider”). The SaaS Provider processes the personal data of Users solely on behalf and on the instructions of the Workshop under a data processing agreement concluded with it, and acts as a processor. The SaaS Provider provides the server infrastructure and technical support for the App.

3. What data do we process, for what purpose and on what legal basis?

The Workshop processes the personal data of App users, i.e. the persons to whom it provides the service of access to the App (including your data), for the following purposes:

  • Registering an account and providing services in the App (viewing appointment history, vehicle data) – the legal basis is the necessity for the performance of the agreement for the provision of a service by electronic means (Article 6(1)(b) GDPR). Scope of data: first name, surname, email address, telephone number, password, vehicle data (make, model, registration number, VIN).

  • Sending notifications about the repair status and the vehicle being ready – the legal basis is the Controller’s legitimate interest in communicating efficiently with the client and providing the service (Article 6(1)(f) GDPR).

  • Handling complaints and technical reports – the legal basis is compliance with a legal obligation to which the Controller is subject (Article 6(1)(c) GDPR).

4. Who do we share your data with?

Your personal data may be shared only with trusted recipients:

  1. The SaaS Provider mentioned in point 2, for the purpose of keeping the data on secured servers.

  2. Entities providing hosting, courier or IT support services to the Workshop – only to the extent necessary for them to perform their tasks.

  3. State authorities (e.g. the Police, the Tax Office), where such an obligation arises from the law.

The Controller does not transfer your data outside the European Economic Area (EEA) and does not use automated decision-making mechanisms, including profiling.

5. How long do we keep your data?

  1. Account data in the App: We process the data associated with your account for as long as it is maintained (i.e. from registration until the account is deleted by the Workshop at the User’s express request or in connection with the termination/expiry of the agreement). Merely uninstalling the App from a mobile device does not automatically delete the account from the server systems. To delete the account, send an email to the Workshop’s email address given in point 1. The account will be deleted promptly, no later than within 14 days of the request.

  2. Historical and operational data: Data on scheduled appointments, repair history and accounting documents (invoices, orders) will be stored regardless of whether an account exists in the App – for the period required by tax law (as standard, 5 years from the end of the calendar year) and until the limitation periods for any claims arising from the repairs performed expire.

6. Your rights under the GDPR
In connection with the processing of personal data, you have the following rights:

  • The right to access your data and receive a copy of it.

  • The right to rectification (correction) of your data.

  • The right to erasure of data (the “right to be forgotten”) – in the situations specified in Article 17 GDPR.

  • The right to restriction of processing.

  • The right to data portability to another controller.

  • The right to object to the processing of data (based on legitimate interest).

  • The right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office (UODO) – if you consider that the processing infringes the GDPR.

7. Voluntary provision of data

Providing data during registration and when booking an appointment is completely voluntary, but it is a necessary condition for using the functionalities of the App (e.g. without a telephone number or vehicle details, the system will not be able to send a notification that the vehicle is ready for collection).

8. Changes to the Privacy Policy

  1. The Controller reserves the right to make changes to this Privacy Policy for important reasons, such as changes in the law, the implementation of new technological solutions or changes in the scope of the service of access to the App provided.

  2. App users will be informed of any changes with appropriate notice (of no less than 14 days) by a notice (message) displayed in the App or by an email sent to the address assigned to the account.

ANNEX NO. 4 TO THE TERMS OF SERVICE FOR THE ELECTRONIC PROVISION OF SERVICES OF THE SERVICE 2.0 SYSTEM

MODEL WITHDRAWAL FORM

(complete and return this form only if you wish to withdraw from the Agreement, where this right applies)

To:

Service 2.0 Prosta Spółka Akcyjna

ul. Święty Marcin 29/8, 61-806 Poznań

Email address: kontakt@serwis20.pl

I hereby give notice of my withdrawal from the Agreement for the provision of a service by electronic means concerning the service of access to the Service 2.0 system:

Date of conclusion of the Agreement – account registration: ............................................................

First name and surname / business name of the Workshop that is an entrepreneur with consumer rights:

............................................................

Email address assigned to the Workshop Account in the Service 2.0 system: ............................................................

I request a refund (if applicable) in proportion to the unused subscription period to:

[optional – bank account number for the refund, if the payment cannot be refunded through the same channel]:

........................................................................................................................ *

I declare that I am an entrepreneur with consumer rights within the meaning of the provisions of the Terms and that I concluded the Agreement for purposes related to my business activity, but that the Agreement is not of a professional nature for me, resulting in particular from the subject of my business activity as disclosed under the provisions on the Central Register and Information on Business Activity

Signature (only if this form is sent on paper):

…………………………………………………

Date: ............................................

(*) Delete as appropriate.