I.
TERMS AND DEFINITIONS

VIVO inspire – internet service further called Service the owner of whom is VIVO INSPIRE Sp.
z o.o. (Ltd) S.K (Limited partnership) seated in Jaworzno Plac Św.Jana 12, entered into the
register of the entrepreneurs kept by District Court in Katowice, XII Economic Department of
National Court Register, under the number KRS 0000655259.

The owner of VIVO inspire service makes it available for the users of the Service to use the
space for locating projects and ensures the possibility of subsiding the projects on the basis
defined by the separate regulations.

The User - adult natural person able to perform legal activities, legal entity or organizational
unit possessing the ability to perform legal activities, using the Service.

Account - a location in the Service available after logging in, by means of which the User
may enter and manage individual elements available in the Service.

Administrator – the owner of the VIVO inspire.

Verification –service which checks by the Service elements of obligatory and optional
verification indicated by the User.

The Project – means every form of business, cultural, scientific or social activity, including
private and commercial, for the realization of which the Participant gathers financial means
with aid of the Service.

Subsidy - voluntary money paid in by the User/Participant for the projects located in the
Service.

Financial agent further called the Operator- Finance VIVO INSPIRE Sp. Z o.o. Sp.K. seated in
Dąbrowa Górnicza, ul. 3-go Maja 16, registered in KRS under the number 0000655208,
performing financial services for the users of the Service, in accordance with the Terms of
use and the Terms of use of VIVO inspire Service.

Bank account – the Operator’s account who realizes financial transactions connected with
subsiding the projects in the Service, and realization of other financial transactions of the
Users/Participants in accordance with the Terms of use of the Service.

Service fee – the cost of the realization of financial dispositions of the Users/Participants due
to the price list of bank operations and commissions of the Operator in the amount of 4%,
charged by the Operator.

Data identifying the project – data necessary for making a subsidy for the project located in
the Service, same as the name of the project.

Terms of use – these regulations of the Operator

Terms of use of the Service – regulations of the VIVO inspire.
II. GENERAL PROVISIONS
1. Provisions presented in the present Terms of use define the use of the Service within the
realization of financial services connected with subsidies for the projects in the Service.
2. Using the Service the User confirms that he acknowledged the contents of the present Terms
of use, Service Terms of use and he/she accepts all the provisions included, and is obliged
to observe them.
3. Using the Service requires the User to use software which is the updated version of internet
browser supporting cookies files and JavaScript.
III. SERVICES
1. The Operator provides the services in accordance with the provisions of the present Terms
of use and the Terms of use of the Service, which include as follows:
A. Collecting and transferring the financial means which are subsidies made in accordance
with the rules of the Service.
B. Charging bank fees and fees connected with settling electronic payments.
C. Carrying our financial dispositions of the Users and Participants of the Service.
2. The Operator charges the service fee for performing the services which includes the
cost of bank transaction due to the price list of bank transactions of the particular
bank and the commission of the Operator in the amount of 4%.
3. In order to ensure appropriate level of the services, the Administrator is allowed to
contact the User/Participant by means of the Account, electronic post, traditional
post and telephone. By registering in the Service the User/Participant agrees to be
contacted by the Service by the above mentioned means and within mentioned
scope.
IV. REALIZATION OF THE TRANSACTION
1. The Operator makes it possible for the Users/Participants to realize the financial transactions by
means of the following payments: bank transfer, Pay U, PayPall or paying in the money to the
bank account.
2. Realization of the payment by the Operator takes place at the moment of receiving the financial
means or the transfer order, having accepted the Terms of use and verification of the
accordance performed by the Operator.
3. Each payment initiated by the Service receives a unique transaction identification.
4. In case of subsidy for the particular project located in the Service, the User/Participant is obliged
to indicate identification data of the project.
5. Each payment made to one of the bank accounts of the Operator is registered to realize only this
transaction the identification symbol or data of which were given as the transfer name.
6. When the person paying in the money gives wrong identification/transaction data in the name
of the bank transaction, the Operator does not bear any responsibility for the purpose the
financial means will be transferred to.
7. Bank servicing may be periodically turned off.
8. Financial intermediation of the Operator in transferring the payments by means of the
Users’/Participants’ accounts does not authorise them to demand interests from the payments
temporarily located on the accounts of the Operator.
9. Due to the specificity of the services provided by the Service, transaction order is always
initiated by the User/Participant of the Service.
10. The moment of receiving the order is the day and the hour of getting the order by the Operator,
in accordance with the rules of the Service.
11. Payment order initiated on a day which is not a working day, or after 3 p.m. is treaded as
received on the first working day after this day.
12. The Operator does not constitute a part of the contract or legal relations between particular
Users and participants, who are acting as subsidising parties or recipients of the subsidy.
13. The Operator does not bear the responsibility towards the Users and Participants for not
performing or undue performance of the duties resulting from the provisions of the Service.
14. The Operator does not have a payment account as understood by the regulation concerning
payment services.
15. The Operator has the right to refuse to service the transaction when it infringes the provisions of
the Terms of use, and also when there are doubts concerning the legality of the particular
transaction or its connection with the terrorist activities or money laundering, and also in case of
infringing the regulations of the Terms of use of the Service.
V. GENERAL RIGHTS AND OBLIGATIONS OF THE USER
1. The User/Participant has the right to use the services of the Operator and the Service, including
all the functions which are made available by the administrator of the Service.
2. User/Participant id obliged to use the Service and the Operator’s services in accordance with
valid legal regulations, provisions of the present Terms of use and the Terms of use of the
Service.
3. The Users/Participants bear the full responsibility for all damages resulting from behaviour
contrary to the law regulations and the provisions of the present Terms of use.
VI. CLAIMS AND PERSONAL DATA
1. Complaints concerning payments within the Service are clarified by the Administrator of the
Service.
2. Complaints shall be considered in accordance with the procedure defined in the terms of use of
the Service, with participation of the Operator.
3. Administrator of personal data due to the regulation concerning personal data is the
Administrator of the Service, in accordance with the provisions of the terms of use of the Service.
4. Data shall be processed in order to service transactions connected with the services of the
Service and for other uses, under the condition of granting by the User/Participant a separate
agreement to do so.
5. The User has the right to access the data and to correct it. If the User did not deliver data
indicated by the Service and the Operator as the obligatory, it makes the transaction impossible
to be performed.
6. The Operator does not make identification data (personal, address, company) available for third
parties. Such data is made available only for the recipient of the payment in order to carry out
the transaction, and may be used by banks within the scope necessary to perform the above
mentioned activities.
7. The Operator and the Administrator applies the security devices, including organisational and
technical ones, and perform duties resulting from the regulation concerning personal data and
implementing regulations.
8. Data shall be made available only for the authorized subjects on the ground of valid regulation.
VII. FINAL PROVISIONS
1. Address data of the Operator.
2. Contact is possible by electronic means or traditional post.
3. Activities performed within the activities performed by mediation of the Operator have no bank
activities character.
4. Joining the Service and/or using the services of the Operator is not connected with opening a
bank account as understood by Civil Code (regulation from 23 April 1964 – Civil Code, Journal of
Laws from 1964, No 16, item 93 with further alterations), and the regulation from 29 August
1997 – bank law (Journal of laws from 1997, No 140, item 939).
5. It is forbidden to use the Service and the Operator to service payments for selling goods or
delivering services inconsistent with the provisions of the Service functioning.
6. All legal relations resulting from the Terms of use are subject to Polish law.
7. In case of complaints concerning using the services of the Operator it is advised to exhaust all
claim options included in the present Terms of use and the Terms of use of the Service before
taking the matter to the court.
8. All the discrepancies resulting from application of the present Term of use, as of any other legal
relations resulting from the performed transaction, excluding discrepancies with the
participation of the consumers, only the court appropriate for the seat of the Operator applies.