FaveCard Terms of Service

1. Introduction and Acceptance

These Terms of Service (the "Terms") form a binding agreement between you (the "Customer" or "you") and:

Qualityc Łukasz Fryc Kasinka Mała 472, 34-734 Kasinka Mała, Poland NIP: 7372138804 EU VAT: PL7372138804 Contact: privacy@favecard.co

operating the FaveCard service ("FaveCard", "we", "us", "our").

By creating an account, accessing the dashboard, or otherwise using the Service, you confirm that you have read, understood, and accepted these Terms, together with the documents incorporated by reference below. If you do not agree, do not use the Service.

These Terms incorporate by reference:

• the Privacy Policy, published at favecard.co/legal/privacy, which explains how we process personal data; and
• the Data Processing Agreement ("DPA"), published at favecard.co/legal/dpa, which governs our role as a processor of personal data that you submit through the Service; and
• the Sub-processors List, published at favecard.co/legal/subprocessors, which names the third parties we use to deliver the Service; and
• the Acceptable Use Policy ("AUP"), published at favecard.co/legal/acceptable-use, which sets out the rules for your use of the Service and, in particular, for outbound communications you send through it; and
• the Customer Privacy Notice, published at favecard.co/legal/customer-privacy, which is the per-business privacy notice that FaveCard hosts on your behalf as part of the Compliance Support Services described in the DPA, unless you publish your own privacy notice instead.

By accepting these Terms, you also accept the DPA, the Privacy Policy, the Sub-processors List, the AUP, and (where you do not publish your own privacy notice to your End Customers) the Customer Privacy Notice. No separate signature is required. This method of acceptance is contemplated by Article 28(9) of the EU General Data Protection Regulation.

Where there is a conflict between these Terms and a document incorporated by reference, the order of precedence is: (1) DPA (for matters of data protection only), (2) these Terms, (3) AUP, (4) Privacy Policy, (5) Customer Privacy Notice, (6) Sub-processors List.

2. Definitions

In these Terms, capitalised terms have the following meanings:

• "Service" or "Platform" means the FaveCard software-as-a-service platform, including the dashboard, application programming interfaces, wallet pass generation, notification delivery, and any related features and documentation that we make available from time to time.
• "Customer Account" means the account you create to use the Service, associated with one business and one or more authorised users.
• "Loyalty Program" means a digital loyalty offering that you configure and operate through the Service, including stamp cards, rewards, promotional messages, and related content.
• "Pass" means a wallet pass (for Apple Wallet, Google Wallet, or comparable wallet platforms) generated by the Service and distributed to an End Customer on your behalf.
• "End Customer" means a natural person who receives a Pass issued through your Loyalty Program and whose personal data is processed by the Service on your behalf.
• "Customer Data" means all data that you, your authorised users, or your End Customers submit to the Service, or that the Service processes on your behalf, including End Customer personal data, Loyalty Program configuration, business branding, and communications content.
• "Documentation" means the user guides, help centre articles, API documentation, and other materials we publish at favecard.co/docs or otherwise make available to Customers.
• "Fees" means the amounts payable for your chosen subscription plan, as set out on the pricing page at favecard.co/pricing.

3. The Service

3.1 What we provide

The Service enables businesses to design, distribute, and manage digital loyalty programs delivered as wallet passes to End Customers. Exact features and limits depend on the subscription plan you select. Features evolve; we may add, modify, or retire features, subject to the notice obligations in Section 14.

3.2 Dependency on third-party platforms

The Service depends on third-party wallet platforms (including Apple Wallet and Google Wallet) and infrastructure providers. We do not control those third parties and we cannot guarantee their availability, policies, or pricing. Changes in their APIs or terms may require us to modify the Service. Where such changes cause material degradation, we will communicate them and work to minimise disruption.

3.3 Beta features

We may label some features as "beta," "preview," or equivalent. Beta features are provided for evaluation, may change or be withdrawn without notice, may have limited support, and are offered on an "as is" basis to the fullest extent permitted by law.

3.4 Documentation

Documentation is part of the Service description. You should read the Documentation before building on the Service. Where the Documentation and these Terms describe the same matter, these Terms prevail.

4. Account and Eligibility

4.1 Business use only

The Service is intended for use by businesses and other organisations in the course of a professional activity. By accepting these Terms, you represent that:

• you are acting in a business capacity, not as a consumer;
• you are at least 18 years old;
• you have full legal authority to enter into these Terms on behalf of the entity you represent;
• your use of the Service does not violate any law or contract binding on you or your business; and
• neither you, your business, nor any beneficial owner of your business is the subject of sanctions imposed by the European Union, the United Nations, the United Kingdom, or the Office of Foreign Assets Control of the United States (OFAC), and you are not located in, or organised under the laws of, a country or territory subject to comprehensive sanctions by any of those bodies.

If these representations are not true, you must not use the Service. We may request proof of business status and may suspend or terminate accounts that appear to be used for personal consumer purposes or that breach the sanctions representation above.

4.2 Account security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us without delay at privacy@favecard.co if you become aware of any unauthorised access or suspected breach. We are not liable for losses arising from your failure to keep credentials secure.

4.3 Authorised users and employees

You may grant access to your account to your employees, contractors, or agents ("Authorised Users"). You are responsible for the acts and omissions of your Authorised Users as if they were your own. You must ensure each Authorised User complies with these Terms.

4.4 Accuracy of information

You must provide accurate, current, and complete information when registering and must keep it up to date. We may rely on the information you provide without independent verification.

At registration, you provide only a business display name and the primary contact details of the individual creating the account (first name, last name, email, phone). Before enabling any end-customer-facing feature of the Service (distributing loyalty cards, publishing a public business page, sending marketing communications to end customers), you must complete your legal-identity profile in the dashboard settings: registered legal name, business form, tax identification number where applicable under the laws of your jurisdiction, and registered address. You represent that the legal-identity details you provide correspond to the actual entity on whose behalf you are using the Service, and you must keep them accurate and up to date while your account is active.

5. Subscription, Fees, and Payment

5.1 Plans

The Service is offered on a subscription basis. Plan features, limits, and Fees are published at favecard.co/pricing and form part of these Terms when you select a plan. Some plans (including a free tier) may be offered without Fees but remain subject to these Terms.

5.2 Billing

Where Fees apply, billing is monthly or annually in advance, depending on the plan. Payments are processed by Stripe Payments Europe, Limited, which acts as an independent controller for payment data under its own terms. You authorise us (and Stripe on our behalf) to charge the payment method you provide for all Fees when due.

5.3 Auto-renewal

Paid subscriptions renew automatically at the end of each billing period at the then-current published price, unless you cancel before renewal. Cancellation takes effect at the end of the current billing period; no pro-rated refund is provided for partial periods, except where refunds are mandated by applicable law.

5.4 Price changes

We may change Fees from time to time. For paid subscriptions, we will provide at least 30 days' notice of any increase by email to the account holder. Price changes take effect at the start of the next billing period after the notice period. If you do not accept the change, you may cancel before it takes effect.

5.5 Taxes

Fees are exclusive of applicable taxes (VAT, sales tax, withholding tax) unless stated otherwise. You are responsible for any taxes imposed on your use of the Service, except for taxes on our net income.

5.6 Late payment and suspension

If a payment fails or is overdue, we may: (a) retry the payment method; (b) suspend the Service until payment is received; (c) terminate the account for material breach if payment remains outstanding after 14 days. Suspension does not relieve you of the obligation to pay Fees due for the suspension period, unless we agree otherwise.

5.7 Refunds

Except where mandated by applicable law, Fees are non-refundable. This does not affect any statutory rights you may have.

6. Acceptable Use

The full rules governing your use of the Service are set out in the Acceptable Use Policy ("AUP") at favecard.co/legal/acceptable-use, which is incorporated into these Terms under Section 1. The list below summarises the most important prohibitions; the AUP is the authoritative and complete statement.

You and your Authorised Users must not use the Service to:

• (a) violate any applicable law, regulation, or third-party right (including intellectual property, privacy, and consumer protection laws);
• (b) send unsolicited commercial communications in violation of GDPR, the ePrivacy Directive, the CAN-SPAM Act, the Australian Spam Act 2003, or any other anti-spam regulation applicable to you or your End Customers;
• (c) collect, process, or transmit personal data without a valid legal basis, or in a way that misleads End Customers about how their data will be used;
• (d) impersonate any person or entity, including by setting up a Loyalty Program under a business name you are not authorised to use;
• (e) upload or transmit any content that is defamatory, obscene, abusive, threatening, discriminatory, or otherwise objectionable;
• (f) distribute malware, conduct phishing, commit fraud, or facilitate any criminal activity;
• (g) interfere with or disrupt the integrity, performance, or security of the Service, including by probing, scanning, or penetration testing without our prior written consent;
• (h) circumvent, disable, or otherwise attempt to defeat any security or access-control feature;
• (i) use any automated means (bots, scrapers, crawlers) to access the Service or extract data, except through our documented APIs within their published rate limits;
• (j) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent expressly permitted by applicable law (including Article 6 of EU Directive 2009/24/EC for interoperability);
• (k) resell, rebrand, or offer the Service to third parties as your own service without our express written authorisation;
• (l) use the Service to build a competing product or service, or to copy any of the Service's features or ideas for that purpose;
• (m) exceed the usage limits of your plan in a way that degrades Service performance for other customers;
• (n) import or upload to the Service any email list, contact list, or End Customer database that you cannot demonstrate was collected with the recipients' valid consent (or under another lawful basis), and for which you cannot, on FaveCard's request, provide consent provenance (source, date, capture mechanism);
• (o) use the Service to communicate with prohibited categories of End Customers, including children under 16, persons subject to comprehensive sanctions, or persons who have previously withdrawn consent or unsubscribed from your communications;
• (p) use the Service to promote products or services in categories prohibited by the AUP (currently including, without limitation: regulated financial services without the regulatory authorisation you would need to hold; controlled substances; gambling outside jurisdictions where you are licensed; sexual services; and any goods or services illegal in the End Customer's jurisdiction);
• (q) post or transmit through the Service any content that is unlawful in the End Customer's jurisdiction or that misrepresents the goods, services, or nature of your business.

You are solely responsible for the content of any communications you send through the Service, including the truthfulness of claims, the lawfulness of the categories of goods or services advertised, and compliance with sanctions regimes in the recipient's jurisdiction.

You must notify FaveCard within twenty-four (24) hours of receiving any complaint, regulatory inquiry, supervisory authority notice, or substantiated abuse report relating to your use of the Service or to communications sent through it.

We may, without notice, suspend access to any Customer Account that violates this Section 6 or the AUP pending investigation, in accordance with Section 10. Repeated or egregious violations may result in termination.

7. Customer Data and the Processing of End Customer Data

7.1 Ownership

You retain all right, title, and interest in and to Customer Data. Nothing in these Terms transfers ownership of Customer Data to us.

7.2 License to process Customer Data

You grant us a non-exclusive, worldwide, royalty-free licence to host, store, process, transmit, display, and otherwise use Customer Data solely to the extent necessary to (a) provide and operate the Service, (b) prevent and investigate abuse, (c) comply with law, and (d) produce de-identified, aggregated analytics for the purpose of improving the Service. This licence lasts only as long as is necessary for those purposes.

7.3 Customer as data controller

You acknowledge that, with respect to personal data of End Customers that is collected through your Loyalty Program, you are the data controller within the meaning of Article 4(7) of the GDPR (and equivalent concepts in other jurisdictions). FaveCard acts as a data processor on your documented instructions, as further set out in the DPA.

7.4 Your legal-basis responsibility

You are solely responsible for ensuring that you have a valid legal basis under applicable law for every piece of End Customer personal data you collect through the Service, including (where required) obtaining consent, providing transparency notices under Article 13 GDPR, and honouring End Customer rights requests. We provide tools to help you collect consent (such as the marketing consent checkbox on the Pass signup form), but you remain responsible for configuring and using those tools correctly.

7.5 Privacy notice to End Customers

A privacy notice to End Customers meeting the requirements of Articles 13 and 14 GDPR must be made available to End Customers in connection with your Loyalty Program. You may, at your option:

• (a) rely on the Customer Privacy Notice that FaveCard hosts on your behalf as part of the Compliance Support Services described in clause 2.6 and Schedule 4 of the DPA. FaveCard interpolates your identifying details (name, registration number, contact email, address) into the Customer Privacy Notice, keeps it in sync with the details you maintain in your dashboard profile, and makes it available at a stable URL accessible from the End Customer signup form (currently /legal/customer-privacy?company={slug}); or
• (b) publish your own privacy notice to End Customers and link to it from your own properties, in which case you remain responsible for the content and accuracy of that notice.

If you do nothing, option (a) applies by default. You must keep your dashboard profile (name, registration number, contact email, address) accurate and up to date so that the Customer Privacy Notice correctly identifies your business.

Option (a) requires that your legal-identity profile under clause 4.4 is complete. Until you have provided your registered legal name, business form, tax identification number where applicable, and registered address, FaveCard cannot interpolate those details into the Customer Privacy Notice and option (a) is not active. In that state, end-customer enrolment on your loyalty program is not available, and the Customer Privacy Notice URL displays a template-preview banner instead of your business-specific notice.

7.6 End Customer rights requests

By accepting these Terms (and the DPA they incorporate), you instruct FaveCard, as a standing instruction under clause 2.6 and Schedule 4 of the DPA, to receive End Customer rights requests under Articles 15-22 GDPR at privacy@favecard.co and to respond substantively to those requests on your behalf, within the GDPR statutory windows. You will cooperate with FaveCard where the resolution of a particular request requires your input (for example, where an erasure request would terminate an active loyalty membership). The full mechanics are set out in the DPA. You may at any time withdraw this standing instruction in writing, in which case the responsibility to receive and resolve End Customer rights requests reverts to you and FaveCard's role reverts to the standard processor-assistance model.

7.7 Compliance Support Services

In addition to clauses 7.5 and 7.6, FaveCard provides the Compliance Support Services described in clause 2.6 and Schedule 4 of the DPA. These services include receiving and resolving End Customer Data Subject Rights requests, preparing and dispatching Personal Data Breach notifications to supervisory authorities and Data Subjects, hosting and maintaining the per-business Customer Privacy Notice, maintaining a marketing-consent audit trail, and enforcing the AUP on outbound communications. The Compliance Support Services are provided as part of the Service at no separate charge, on a standing-instruction basis, and may be withdrawn by you at any time. The Customer remains the data controller and remains legally responsible for compliance with applicable data-protection law.

7.8 No sensitive or prohibited data

You must not submit to the Service any data categorised as "special" under Article 9 GDPR (including health, biometric, racial, religious, political, sexual-orientation, or trade-union data), nor any data about children under 16, nor payment card data (beyond what Stripe handles directly). The Service is not designed to process such data and you use it for that purpose at your own risk.

8. Intellectual Property

8.1 Our property

The Service, including all software, code, user interfaces, design, documentation, trademarks, logos, and other proprietary materials, is owned by or licensed to us. We reserve all rights not expressly granted to you in these Terms. Nothing in these Terms transfers any of our intellectual property to you.

8.2 Licence to use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service during the term of your subscription, solely for your internal business purposes.

8.3 Trademarks

"FaveCard" and the FaveCard logo are our trademarks. You may refer to us as your service provider in factual statements (for example, "powered by FaveCard") in accordance with reasonable trademark-usage customs. You must not use our name or marks in a manner that implies endorsement, partnership, or approval beyond the actual relationship described in these Terms, and you must not register any domain name, trademark, or social media handle that incorporates our marks.

8.4 Your marks

You grant us a limited, non-exclusive, royalty-free licence to use your business name, logo, and branding solely to (a) display them within the Service and on the Passes you issue, (b) list you as a customer on our website (subject to your right to opt out on request), and (c) operate the Service as contemplated by these Terms.

8.5 Feedback

If you provide suggestions, ideas, or feedback about the Service, we may use them for any purpose without obligation to you, including incorporating them into the Service. You grant us a perpetual, irrevocable, royalty-free licence to do so.

9. Confidentiality

Each party (as "Recipient") may receive information from the other party (as "Discloser") that is marked as confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Confidential Information includes the non-public features of the Service and the non-public aspects of your business disclosed to us in the course of providing support.

Recipient will: (a) use Confidential Information only to exercise rights and perform obligations under these Terms, (b) protect it with the same care it uses for its own confidential information (and no less than reasonable care), and (c) disclose it only to its employees, contractors, and advisers who need it and are bound by equivalent confidentiality obligations.

Confidential Information does not include information that: (i) is or becomes public through no fault of Recipient, (ii) was already known to Recipient without confidentiality obligation, (iii) is independently developed without reference to Discloser's information, or (iv) is rightfully received from a third party without confidentiality obligation.

Recipient may disclose Confidential Information where required by law or court order, provided (where lawful) it gives Discloser prior notice and reasonable opportunity to contest.

10. Suspension and Termination

10.1 Termination by you

You may terminate these Terms at any time by cancelling your subscription through the dashboard or by contacting us at privacy@favecard.co. Termination takes effect at the end of the current billing period.

10.2 Termination or suspension by us

We may suspend or terminate your access to the Service, in whole or in part, with or without notice as the circumstances require, if:

• (a) you materially breach these Terms and fail to cure the breach within 14 days of our notice (or immediately in cases where a cure period would cause material risk to us, other customers, or third parties);
• (b) your payment is overdue beyond the period set out in Section 5.6;
• (c) we reasonably believe that your use of the Service creates a security risk, a legal risk for us or our infrastructure providers, or a risk of harm to End Customers or third parties;
• (d) a third-party provider that we depend on for a core feature terminates its own services in a way that prevents us from continuing to offer that feature;
• (e) we are required to do so by law, court order, or regulator instruction; or
• (f) we discontinue the Service (in which case Section 10.4 applies).

10.3 Effects of termination

Upon termination of these Terms:

• your right to access and use the Service ends immediately;
• any outstanding Fees become immediately payable;
• we will, as set out in the DPA, delete or return Customer Data within 60 days of termination (you may export your Customer Data during this 60-day window via the tools we provide);
• the sections of these Terms that by their nature should survive termination (including Sections 2, 7.1, 8, 9, 11, 12, 13, 18, and 19) will survive.

10.4 Discontinuation of the Service

If we decide to discontinue the Service in its entirety, we will give you at least 90 days' notice, will allow you to export Customer Data during that period, and will refund any prepaid Fees for the portion of the subscription term after the discontinuation date.

11. Warranty Disclaimers

11.1 No warranty

Except as expressly stated in these Terms or as required by applicable mandatory law, the Service is provided "as is" and "as available" without warranty of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, and that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

11.2 No guarantee of uptime

We do not commit to a specific level of availability except where an express Service Level Agreement has been agreed in writing for your plan. The Service may experience downtime for maintenance, upgrades, third-party dependency outages, or other reasons beyond our reasonable control.

11.3 No commercial guarantees

We make no representations or warranties about: (a) the commercial success of your Loyalty Program, (b) the number or behaviour of End Customers, (c) the effect of the Service on your business metrics, or (d) the compatibility of the Service with any specific wallet platform, device, or operating system version.

12. Limitation of Liability

12.1 Cap on liability

To the fullest extent permitted by applicable law, our total aggregate liability to you arising out of or in connection with these Terms, the Service, or any related subject matter, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to the greater of:

• (a) the total Fees actually paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim; or
• (b) five hundred euros (EUR 500).

This cap applies per Customer, in aggregate across all claims.

12.2 Excluded damages

To the fullest extent permitted by law, we are not liable for any:

• (a) loss of profits, revenue, savings, or anticipated business;
• (b) loss of goodwill or reputation;
• (c) loss or corruption of data (beyond the cost of restoring data from your own backups);
• (d) loss of opportunity;
• (e) indirect, consequential, special, incidental, punitive, or exemplary damages,

even if we have been advised of the possibility of such losses.

12.3 Carve-outs from the cap and exclusions

Nothing in this Section 12 limits or excludes any liability that cannot be limited or excluded under applicable law. In particular, and without limiting the generality of the foregoing, nothing in these Terms limits or excludes our liability for:

• (a) gross negligence (rażące niedbalstwo) or wilful misconduct, in accordance with Article 473 § 2 of the Polish Civil Code;
• (b) death or personal injury caused by our negligence;
• (c) fraud or fraudulent misrepresentation;
• (d) administrative fines imposed on us by a supervisory authority under the GDPR or equivalent data-protection law for our own acts (as opposed to fines for which you are liable as controller);
• (e) our indemnification obligations under Section 13.2 (FaveCard indemnification for third-party intellectual property claims against the Service);
• (f) any other liability that cannot be limited or excluded as a matter of mandatory law.

12.4 Basis of the bargain

You acknowledge that the limitations in this Section 12 are an essential element of the commercial bargain between us, that they reflect the allocation of risk agreed between the parties, and that the Fees would be materially higher without them.

13. Indemnification

13.1 Indemnification by Customer

You will defend, indemnify, and hold harmless FaveCard, its owners, employees, contractors, and agents from and against any third-party claims, actions, damages, losses, liabilities, and reasonable legal fees arising out of or relating to:

• (a) your breach of these Terms, including Sections 6 (Acceptable Use) and 7 (Customer Data);
• (b) your violation of any law or third-party right (including intellectual property, privacy, or consumer protection law);
• (c) any claim by an End Customer, employee, or third party arising from your failure to obtain a valid legal basis for processing their personal data, or from your failure to provide a lawful and complete privacy notice;
• (d) any claim that Customer Data, your Loyalty Program content, or your branding infringes a third party's rights; and
• (e) your gross negligence or wilful misconduct.

13.2 Indemnification by FaveCard

We will defend, indemnify, and hold you harmless from and against third-party claims that the Service (as provided by us and used by you in accordance with these Terms) infringes a third party's intellectual property rights in the European Economic Area. Our obligation under this Section 13.2 does not apply to claims arising from: (i) Customer Data, (ii) your combination of the Service with third-party products or services not authorised by us, (iii) your modification of the Service, or (iv) your continued use of the Service after we have notified you of an alleged infringement or offered a non-infringing alternative.

13.3 Procedure

The indemnified party must: (a) give the indemnifying party prompt written notice of the claim, (b) allow the indemnifying party sole control of the defence and settlement (provided that no settlement adversely affecting the indemnified party is made without its consent, not unreasonably withheld), and (c) provide reasonable cooperation at the indemnifying party's expense.

14. Changes to the Service and to These Terms

14.1 Changes to the Service

We may add, modify, or retire features of the Service from time to time. For material changes that adversely affect a core feature you rely on, we will give reasonable prior notice where feasible. Routine updates, bug fixes, security patches, and improvements do not require prior notice.

14.2 Changes to these Terms

We may update these Terms from time to time. For non-material changes (clarifications, typographical corrections, administrative updates), the updated version takes effect on the date we publish it at favecard.co/legal/terms.

For material changes, we will give you at least 30 days' advance notice by email to the account holder and by notice in the dashboard. The updated version becomes binding on the effective date stated in the notice. If you do not agree to a material change, you may terminate your subscription before the change takes effect, and we will refund prepaid Fees for the portion of the subscription term after the effective date.

Continued use of the Service after the effective date of an updated version constitutes acceptance of the update. We will maintain an archive of prior versions for reference.

15. Assignment and Change of Entity

15.1 By Customer

You may not assign or transfer these Terms, in whole or in part, without our prior written consent. Any attempted assignment in violation of this Section is void.

15.2 By FaveCard

We may assign or transfer these Terms, in whole or in part, without your consent: (a) to an affiliate; (b) in connection with a merger, acquisition, corporate reorganisation, sale of all or substantially all of our business or assets, or conversion of the business from one legal form to another (including from a sole proprietorship to a limited liability company or equivalent entity); or (c) as part of a change of our legal structure where the successor assumes all of our obligations under these Terms. In such case, we will notify you at the email address associated with your account.

15.3 Successor

If we transfer the Service to a successor in accordance with Section 15.2, references to "FaveCard", "we", "us", and "our" in these Terms will be deemed to refer to the successor from the effective date of the transfer, and you will continue to have the same rights and obligations vis-à-vis the successor as you had vis-à-vis the original entity.

16. Notices

16.1 Notices to FaveCard

Legal notices to us must be sent by email to privacy@favecard.co and are effective upon acknowledgement of receipt. Where acknowledgement is not provided within 7 days, notice may additionally be sent by registered post to our registered address set out in Section 1.

16.2 Notices to Customer

We may send notices to you: (a) by email to the address associated with your Customer Account, (b) through in-dashboard notifications, or (c) by posting to favecard.co/legal/ or favecard.co/updates/. Notices are effective when sent (for email) or when posted (for website notices).

16.3 Keeping contact details current

You are responsible for keeping your contact details up to date. We are not liable for notices that fail to reach you because your contact details are out of date.

17. Force Majeure

Neither party is liable for any delay or failure in performance (other than payment obligations) to the extent caused by events beyond its reasonable control, including natural disasters, acts of war, terrorism, riots, pandemics, government actions, labour disputes, failure of utilities or transportation, internet outages, and failures of third-party platforms we depend on. The affected party must notify the other party and make reasonable efforts to resume performance.

18. Governing Law and Jurisdiction

18.1 Governing law

These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), are governed by the laws of the Republic of Poland, without regard to its conflict-of-laws rules.

18.2 Jurisdiction

You and we agree that the courts of Kraków, Poland, have exclusive jurisdiction to resolve any dispute arising out of or in connection with these Terms, subject only to mandatory rules of jurisdiction under applicable law that cannot be varied by agreement.

18.3 Mandatory consumer protections preserved

Nothing in this Section 18 deprives any party of the protection of any mandatory rules of the law of their habitual residence that cannot be derogated from by agreement. For the avoidance of doubt, because the Service is offered only for business use (Section 4.1), Customers are not "consumers" for the purposes of EU consumer protection law, and consumer-specific rules do not apply to the relationship between us and you.

18.4 UN CISG excluded

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

19. Miscellaneous

19.1 Entire agreement

These Terms, together with the documents incorporated by reference in Section 1, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements, proposals, or representations, written or oral, concerning the same subject matter.

19.2 Order of precedence

Where there is a conflict, the order of precedence is: (1) DPA (for data-protection matters), (2) these Terms, (3) AUP, (4) Privacy Policy, (5) Customer Privacy Notice, (6) Sub-processors List, (7) Documentation, (8) pricing page.

19.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions will continue in full force and effect.

19.4 No waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later. Any waiver must be in writing to be effective.

19.5 No agency, partnership, or joint venture

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us. Neither party has authority to bind the other.

19.6 No third-party beneficiaries

These Terms are for the benefit of the parties and their permitted successors and do not confer any rights on any third party, except that End Customers may benefit indirectly from the DPA protections as described in that document.

19.7 Language

These Terms are drafted in English, which is the authoritative version. Translations into other languages may be provided for convenience. In case of any conflict between the English version and a translation, the English version prevails, except where mandatory law requires otherwise.

19.8 Electronic acceptance

You agree that electronic acceptance of these Terms (by ticking the acceptance checkbox at signup) has the same legal effect as a handwritten signature and that the electronic record of your acceptance is admissible as evidence.

19.9 Headings

Section headings are for convenience only and do not affect interpretation.

20. Digital Services Act

20.1 Classification

FaveCard qualifies as a hosting service under Article 3(g) of the Digital Services Act (Regulation (EU) 2022/2065, "DSA"). FaveCard is a small enterprise within the meaning of Commission Recommendation 2003/361/EC and is not a Very Large Online Platform under Article 33 DSA.

20.2 Reporting illegal content (Article 16)

Any person or entity who considers that content stored on a FaveCard-hosted business page is illegal under Union or Member State law may submit a notice to privacy@favecard.co. To enable us to act, please include: (a) the URL of the content, (b) a sufficiently substantiated explanation of why you consider it illegal, (c) your name and email address (except where the content concerns offences under Articles 3–7 of Directive 2011/93/EU), and (d) a good-faith declaration that the information is accurate and complete. We will acknowledge receipt without undue delay and notify you of our decision together with information on redress.

20.3 Statement of reasons (Article 17)

Where we remove, disable, or restrict visibility of content on legality grounds, we will provide the affected Customer with a clear and specific statement of reasons.

20.4 Points of contact (Articles 11 and 12)

FaveCard designates privacy@favecard.co as its single electronic point of contact for Member State authorities, the European Commission and the European Board for Digital Services (Article 11), and for recipients of the Service (Article 12). Communications may be submitted in Polish or English.

20.5 Content moderation

We do not permit content on business pages that is unlawful under EU or Polish law, infringes third-party rights, or violates these Terms or the Acceptable Use Policy. Enforcement is carried out manually by our team, without automated decision-making, in a diligent, objective and proportionate manner.

21. Contact

Questions about these Terms can be directed to:

Qualityc Łukasz Fryc Kasinka Mała 472 34-734 Kasinka Mała Poland

NIP: 7372138804 EU VAT: PL7372138804 Email: privacy@favecard.co

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