Terms and Conditions of the Service

1. These Terms and Conditions set out the general terms, rules, and manner of sale of subscription services for the NUVIO Loyalty software conducted by TRIKPAY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Wrocław (52-326), ul. Eugeniusza Kwiatkowskiego 4/3, NIP: 8943162789, REGON: 387922478, entered into the Register of Entrepreneurs maintained by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register under KRS number 0000878223, with a share capital of PLN 5,000; e-mail: sales@nuvio.group (hereinafter: the “Seller”), via the website operating under the domain nuvio.group (hereinafter: the “Service”).

§ 1 Definitions

1. Business Days – means weekdays from Monday to Friday, excluding public holidays.
2. Client – means an entity (Entrepreneur) for whom electronic services may be provided in accordance with these Terms and Conditions and applicable law, or with whom a Subscription Agreement may be concluded, excluding consumers.
3. Client Account – means an individual panel for each Client, activated for the Client by the Seller after Registration.
4. Entrepreneur – means a natural person, legal person, or organizational unit without legal personality conducting business or professional activity in its own name.
5. NUVIO Loyalty System – SaaS software for creating and managing digital loyalty cards (points-based, stamp-based, discount, membership, cashback) compatible with Apple Wallet and Google Wallet.
6. Subscription – a service providing access to the NUVIO Loyalty System for a specified period (month or year), within a package selected by the Client (Starter, Business, Pro).
7. Subscription Agreement – means an agreement for the provision of a digital service concluded at a distance between the Client and the Seller.
8. Participant – a customer of the Client using a digital loyalty card.
9. Data Controller – the entity determining the purposes and means of processing personal data, which, with regard to Participants’ data, is the Client.
10. Processor – TRIKPAY sp. z o.o., processing Participants’ personal data on behalf of the Client in accordance with Article 28 GDPR.

§ 2 General Provisions and Use of the Service

1. All rights to the Service and the NUVIO Loyalty System, including economic copyrights and intellectual property rights, are vested in the Seller.
2. The NUVIO Loyalty System enables Participants to use loyalty programs without the need to download dedicated applications, via Apple Wallet and Google Wallet system wallets.
3. The Seller shall make reasonable efforts to ensure that the Service may be used with popular web browsers. The minimum technical requirements are Chrome version 110, Firefox version 109, Safari version 11, or newer.
4. The Seller declares that the NUVIO Loyalty System has been designed to enable the use of loyalty programs without the need for Participants to provide personal data.
5. Personal data protection (GDPR):
   1. The Client is the controller of Participants’ personal data.
   2. The Seller acts as a processor within the meaning of Article 28 GDPR, solely to the extent necessary for the proper provision of the Service.
   3. The Client undertakes not to assign personal data to loyalty cards in a manner that violates applicable law.

§ 3 Registration and Orders

1. In order to create a Client Account and purchase a Subscription, the Client is required to complete free Registration.
2. The Client places an order by selecting a subscription package (Starter, Business, or Pro). Each package has specific limits regarding locations, number of cards, and PUSH notifications, in accordance with the price list available on the Service.
3. Placing an order constitutes an offer to conclude a Subscription Agreement. The Agreement is concluded upon the Seller sending confirmation of acceptance of the order for execution.
4. The NUVIO Loyalty service is intended exclusively for entrepreneurs.
5. Consumers within the meaning of Article 22¹ of the Civil Code are not entitled to conclude a Subscription Agreement.

§ 4 Payments

1. Prices on the Service are net prices and shall be increased by the applicable VAT.
2. The Client makes payment via the external payment system Stripe, operated by Stripe Payments Europe, Ltd., with its registered office in Ireland.
3. Payments are recurring (automatically renewable), to which the Client gives consent at the time of purchase. Cancellation of the subsequent Subscription period is possible at any time via the Client Account panel.
4. The Seller issues a VAT invoice in electronic form (PDF) to the Client’s e-mail address.

§ 5 Free-of-Charge Services and Liability

1. The Seller provides the following free-of-charge services: Contact Form and Client Account Maintenance.
2. With respect to Clients (Entrepreneurs), the Seller excludes liability under statutory warranty.
3. The Seller shall be liable to the Client only in the case of intentional damage and within the limits of actual losses incurred.
4. The Seller shall not be liable for:
   1. temporary unavailability of services resulting from technical works or updates;
   2. interruptions in the operation of Apple Wallet, Google Wallet, or third-party services;
   3. consequences of improper use of the System by the Client or Participants;
   4. loss of data resulting from the Client’s actions.

§ 6 Final Provisions

1. Polish law shall apply.
2. Termination of the agreement for the provision of electronic services (Account) may occur at any time without stating reasons by either party.

These Terms and Conditions enter into force on: 11/03/2026