CERTICA.EU WEBSITE TERMS OF SERVICE

Section 1. General provisions

These Terms of Service (the "Terms") set out the conditions and rules for using the certica.eu website (the "Website"), to which the relevant rights are held by CERTICA PROSTA SPÓŁKA AKCYJNA with its registered office in Józefów, address: ul. Chłopickiego 1A, 05-410 Józefów, entered in the National Court Register (KRS) under number 0001062495, tax ID (NIP): 7743281916, REGON: 526618046 (the "Service Provider").

Under these Terms, the Service Provider provides electronic services within the meaning of Article 8(1)(1) of the Act of 18 July 2002 on the provision of electronic services (consolidated text: Journal of Laws 2024, item 1513) to users of the Website who are entrepreneurs within the meaning of Article 43(1) of the Civil Code of 23 April 1964 (consolidated text: Journal of Laws 2025, item 1071) (the "Service Recipients"), with full legal capacity, who use or intend to use the Website and its functionality.

The current version of the Terms is made available to the Service Recipient in the first instance, i.e. before the Service Provider begins providing Services electronically, and is available on the Website. This version of the Terms is effective from 23 October 2026.

Section 2. Conditions for using the Website

1. Proper and secure use of the Website requires:

• a device, including a laptop, smartphone or tablet, with Internet access, with an up-to-date web browser that properly supports JavaScript and cookies and can download and save documents in electronic form, including in PDF format
• an active and properly configured email account
• an account on the Website

2. The Website and the Service are intended exclusively for entrepreneurs. Purchase of verification packages is available only to businesses. By using the Website and the Service, the Service Recipient declares and warrants that they are not a consumer (i.e. they are an entrepreneur).

3. Where the Service Recipient is a natural person conducting business activity, the professional character of the agreement is assessed in accordance with applicable law, taking into account the subject of activity disclosed in CEIDG and the purpose of using the Service.

4. The Service Recipient is prohibited from supplying to the Website any content that is unlawful, infringes the rights of third parties, contains malware, is used to circumvent the Website's security measures, or has been obtained in breach of the law.

5. The Service Recipient is obliged to protect access credentials to the account on the Website, not to share them with unauthorised persons, and to notify the Service Provider immediately of any suspected unauthorised access.

Section 3. The Service

1. The Service Provider enables Service Recipients using the Website to order a paid service consisting of preparing and/or downloading a report containing a set of data from publicly available national (PL) and foreign public registers concerning entrepreneurs in the transport industry (the "Service"). The Service also includes Policy Analysis, on the terms set out in Section 3a.

2. The list of Services ordered by the Service Recipient is available on the Service Recipient's account on the Website (hereinafter referred to as the "Account") for a minimum period of 2 years.

3. The agreement for maintaining the Account is concluded upon activation of the Account by the Service Provider and is concluded for an indefinite period.

4. The agreement concerning a paid package or a single Service is concluded upon confirmation of the order or activation of the package by the Service Provider.

5. The Service Provider is responsible for making available to the Service Recipient the type, scope and number of Services specified in the order, offer or a separate agreement. This obligation does not include ensuring a particular substantive Verification result.

6. The report generated as part of the Service is made available to the Service Recipient electronically in the form selected by the Service Recipient from those available on the Website.

7. If the Service Recipient is entitled to withdraw from the agreement under applicable law, including consumer provisions applied to a natural person conducting business activity, commencement of a paid Service before the withdrawal period expires requires a corresponding request or consent of the Service Recipient. Loss of the right of withdrawal after full performance of a paid Service requires the Service Recipient's prior express consent and that the Service Recipient has been informed of the loss of that right. Acceptance of the Terms when creating an Account does not constitute a request for immediate performance of a paid Service or consent to the loss of the right of withdrawal. Making available a package of unused Verifications does not mean full performance of the agreement concerning that package.

8. The Website may also offer the Service in the form of trial access, which is free of charge, in accordance with the current offer published on the Website.

9. The Service Recipient may terminate the agreement for maintaining the Account by sending a statement to the email address indicated under "Contact".

10. The Service Provider may terminate the agreement subject to a 30-day notice period, and with immediate effect in the event of:

a) a breach of law or the Terms;

b) non-payment despite a request for payment;

c) action threatening the security of the Website or other users;

d) provision of false data;

e) an attempt at unauthorised access, automated data retrieval or circumvention of security measures.

11. Termination of the agreement does not affect the obligation to settle Services performed before termination.

12. The rules for using or settling unused Verifications after termination of the agreement are set out in the offer, the order or a separate agreement concluded with the Service Recipient.

Section 3a. Policy Analysis

1. The Service Provider may make available to the Service Recipient a policy analysis functionality ("Policy Analysis") consisting of the automated reading of the content of a document uploaded by the Service Recipient, in particular a carrier's liability insurance policy (the "Document"), and of comparing the data read with information about the carriage provided by the Service Recipient, including the content of a transport order or email (the "Order Data"). The outcome of Policy Analysis, including the data read, assessments, statuses and messages, is referred to as the "Analysis Result".

2. Services use the organisation’s shared credit balance. Full carrier verification costs 10 credits, policy analysis costs 5 credits, and both services ordered together cost 15 credits. Comparing orders with an analysed policy and correcting comparisons are included in Policy Analysis and use no additional credits. The full cost is shown before starting a service. An offer, order or separate agreement may specify different terms. An analysis is used once the Document is accepted for processing, regardless of the content of the Analysis Result, including where the Document turns out not to be an insurance policy, subject to Section 6(10).

3. Policy Analysis is performed using artificial intelligence systems, including models provided by third-party providers. The Analysis Result is generated automatically and may contain errors, in particular omissions, misreading of amounts, currencies, dates, territorial scope, cargo types, vehicles, exclusions, clauses or sub-limits, as well as an incorrect assessment of whether the Order Data is consistent with the Document.

4. The Analysis Result is purely informational and supportive in nature. It does not constitute legal advice or insurance advice or recommendation, is not a confirmation that insurance cover has been granted or of its scope, does not express the position of the insurer and does not determine whether compensation will be paid. The Service Provider is not an insurance undertaking or an insurance distributor and does not carry out insurance distribution activities.

5. Policy Analysis covers only the content of the Document in the form in which it was uploaded by the Service Recipient. In particular, the Service Provider does not verify:

a) the authenticity, integrity or completeness of the Document, including whether the Document has been forged or altered;

b) the content of general or special terms and conditions of insurance, annexes, clauses, attachments or other documents that were not taken into account in Policy Analysis;

c) whether the insurance contract has been concluded and remains in force, including payment of the premium, termination, withdrawal or suspension of cover;

d) the remaining amount of the sum insured or limits;

e) events and changes occurring after the date on which the Document was issued;

f) how the insurer will assess a particular loss.

6. An Analysis Result status indicating that confirmation is required, that data is missing or that an unambiguous assessment is not possible means that the relevant circumstance could not be established on the basis of the Document and may not be treated as confirmation that the relevant condition is met.

7. Before making a decision based on the Analysis Result, in particular before entrusting cargo to a carrier, the Service Recipient is obliged to check independently, in the Document and the applicable terms and conditions of insurance, the parameters of cover relevant to the given carriage, including the period of insurance, territorial scope, cargo type, sum insured, sub-limits, exclusions and conditions of cover. For high-value cargo, non-standard cargo, an ambiguous Analysis Result or any other doubts, the Service Recipient should obtain confirmation from the carrier's insurer or insurance intermediary.

8. The Service Recipient independently decides whether to entrust cargo to and cooperate with a carrier. The Service Provider does not make decisions concerning carriers or other persons based solely on automated processing.

9. The Service Recipient may correct data read from the Document. Data entered or changed by the Service Recipient and Analysis Results based on such data are not verified by the Service Provider, and the Service Recipient bears sole responsibility for them.

10. The Service Recipient declares and warrants that:

a) it is entitled to upload the Document and the Order Data to the Website and to have them processed as part of the Service;

b) the Document and the Order Data have been obtained lawfully, and uploading them does not infringe the rights of third parties, trade secrets or the Service Recipient's contractual obligations;

c) it does not upload special categories of personal data referred to in Article 9(1) GDPR or personal data that is not necessary to perform Policy Analysis.

11. If third parties bring claims against the Service Provider in connection with a breach of the declarations referred to in paragraph 10, the Service Recipient will indemnify the Service Provider and cover the reasonable costs incurred by it, including legal costs.

12. Documents, Order Data and Analysis Results are stored in the Account until they are deleted at the Service Recipient's request or the agreement for maintaining the Account is terminated. The Service Recipient may request their deletion using a Website function, where available, or by sending a request to the email address indicated under "Contact". The Service Provider deletes them within 30 days of receiving the request or of termination of the agreement for maintaining the Account, except for data whose further storage is required by law or necessary to establish, pursue or defend claims.

13. The Service Provider does not use Documents, Order Data or Analysis Results to train artificial intelligence models and does not include them in test or reference datasets without the Service Recipient's separate consent. The Service Provider may review the Document, the Order Data and the Analysis Result to the extent necessary to handle a bug report, complaint or enquiry from the Service Recipient and to remove errors in the operation of Policy Analysis.

14. The Service Provider may change how Policy Analysis works, the models used and their providers, and the scope of analysed data, and may temporarily or permanently disable this functionality. Section 6(16) applies accordingly to unused paid Policy Analyses.

Section 4. Privacy Policy and personal data processing

1. The rules for processing personal data are set out in the Privacy Policy, which forms an integral part of these Terms and is available at https://certica.eu/en/privacy-policy.

2. The Service Provider processes personal data contained in Documents and Order Data on behalf of the Service Recipient as a processor, on the terms set out in the data processing agreement constituting Annex 1 to the Terms. Information about the entities to which the Service Provider entrusts the processing of such data, including providers of artificial intelligence models, is contained in the Privacy Policy.

Section 5. Payment for the Service

1. The fees for using the Service are stated when the Service Recipient places an order for the Service, unless the offer, order or a separate agreement provides otherwise. Prices shown for the Service offered by the Service Provider include information about VAT and are presented in Polish zloty, unless the offer, order or a separate agreement provides otherwise.

2. The Service is performed after payment has been made or after the Service or package has been activated by the Service Provider, in accordance with the offer, order or a separate agreement concluded with the Service Recipient.

3. Payments may be made through an electronic payment operator, including Stripe Inc., by bank transfer to the account indicated on the invoice, or in another manner agreed with the Service Recipient.

4. Where a payment operator is used, data necessary to process the transaction, in particular first name and surname and email address, may be transferred to that operator in accordance with the Privacy Policy.

5. Invoices for purchased Services will be issued in accordance with the provisions of the Act of 11 March 2004 on value added tax via the National e-Invoice System (KSeF), unless applicable law or a separate agreement provides otherwise.

Section 6. Rights, obligations and liability of the Service Provider

1. In obtaining, combining, processing, interpreting and assessing data, the Service Provider undertakes to exercise due care, but does not guarantee that a particular Verification result will be achieved or that all risks relating to the verified entity will be detected.

2. Conformity of the Service with the order means solely making available to the Service Recipient the type, scope and number of Verifications or functionalities specified in the order, offer or a separate agreement. Conformity of the Service with the order does not mean an assurance or guarantee of the correctness, completeness, currency or usefulness of the data, the report or the Verification result.

3. The Website, reports and Verification results are informational and supportive in nature. They do not constitute a guarantee of the reliability of the verified entity, the authenticity of information presented by that entity, the safety of a transaction, or the proper performance of that entity's obligations.

4. The Service Provider is not liable for inaccuracy, incompleteness, lack of currency, delay or unavailability of data originating from public registers, external databases, websites, ICT systems or other sources remaining outside the Service Provider's control, or for the content, authenticity, completeness or currency of Documents and Order Data supplied by the Service Recipient.

5. To the fullest extent permitted by applicable law, the Service Provider is not liable in damages for harm arising from errors, defects, failures, interruptions or improper operation of the Website, including from:

a) incorrect retrieval, combination, attribution, processing, interpretation, classification or presentation of data;

b) generation of an incorrect, incomplete, outdated report or a report concerning the wrong entity;

c) incorrect designation of a Verification result, risk level, warning or recommended action;

d) incorrect reading, classification, translation or interpretation of the content of a Document or Order Data by an artificial intelligence system, including incorrect indication of the scope of insurance cover, exclusions, limits, territorial scope, period of insurance or consistency of the carriage with the Document;

e) failure to detect a risk, irregularity, change, connection or information concerning the verified entity;

f) errors in software, algorithms, decision rules, integrations, automated data-processing mechanisms or technical infrastructure;

g) temporary unavailability of the Website or of particular functionalities,

even if the cause of the event lies with the Service Provider, its employees, members of its bodies, contractors, subcontractors or suppliers.

6. The exclusions of liability set out in paragraph 5 cover damage arising from the Service Provider's unintentional fault, including from a failure to exercise due care by the Service Provider or by persons used by the Service Provider in performing the Service, subject to paragraph 13.

7. The provisions of this Section concerning exclusion and limitation of liability apply to the fullest extent permitted by applicable law. Where the Service Recipient is a natural person to whom consumer provisions apply under applicable law, these provisions do not exclude or limit rights that cannot be effectively excluded or limited by contract.

8. The Service Recipient independently decides whether to commence, continue or terminate cooperation with the verified entity. The Service Recipient should take into account the nature and value of the planned transaction and, where justified by the level of risk, carry out additional, independent verification.

9. The Service Provider is not liable for the Service Recipient's decisions, actions or omissions, or for:

a) lost profits;

b) indirect, consequential or economic loss;

c) loss, damage, theft or delayed delivery of goods;

d) non-performance or improper performance of carriage or of another contract by the verified entity;

e) third-party claims directed against the Service Recipient;

f) loss of a contract, customer, reputation or business opportunity;

g) refusal or reduction of compensation by an insurer, lack of insurance cover or its insufficient scope.

10. Subject to mandatory provisions of law, if a report or an Analysis Result is generated incorrectly, the Service Provider will, at its own choice, re-perform the Verification or Policy Analysis free of charge or restore the number of Verifications or analyses used to generate it.

11. The exclusions and limitations of liability provided in the Terms apply regardless of the legal basis of the claim, including to liability arising from non-performance or improper performance of the agreement and, to the extent permitted by applicable law, to liability in tort.

12. If, despite the exclusions set out in the Terms, the Service Provider's liability is held to exist, the Service Provider's aggregate liability relating to a particular Verification is limited to the net value of the package from which that Verification was settled. The Service Provider's aggregate liability relating to a particular Policy Analysis is limited to the net remuneration attributable to that Policy Analysis and, where it was settled as part of a package, to the net value of the package divided by the number of analyses included in the package. For claims not related to a particular Verification, the Service Provider's aggregate liability is limited to the net remuneration paid by the Service Recipient in the 12 months preceding the event giving rise to the claim. Events arising from the same or a related cause are treated as a single event.

13. The exclusions and limitations of liability do not apply to the extent that liability cannot be excluded or limited under mandatory provisions of law, in particular in respect of damage caused intentionally by the Service Provider.

14. The Service Provider reserves the right to temporarily suspend the operation of the Website or particular functionalities, in particular in connection with maintenance, updates, tests, removal of failures, a security threat, the need to perform a legal obligation, or unavailability of external data sources.

15. The Service Provider may block or delete the Account in the event of a breach of law, the Terms, security rules, non-payment, an attempt to obtain unauthorised access, or action detrimental to the Website.

16. In the event of a planned permanent discontinuation of the Services, the Service Provider will inform Service Recipients with at least 30 days' notice and will enable unused Verifications to be used before the Website ceases operation, or will refund the proportionate part of the remuneration corresponding to unused paid Verifications.

Section 7. Complaints regarding the Service

1. The Service Recipient has the right to submit complaints regarding the performance of the Service by sending an email to the address provided on the Website under "Contact".

2. The Service Provider will respond to a complaint within no more than 14 days by email.

Section 8. Changes to the Terms

1. This version of the Terms is effective from 23 October 2026.

2. The Service Provider may amend the Terms for important reasons, in particular in the event of:

a) a change in legal provisions or their binding interpretation;

b) a change in the scope, manner or conditions of providing Services;

c) the introduction of new functionalities or a change to existing functionalities;

d) a change in the data sources, technologies or data-processing methods used;

e) the need to ensure the security of the Website, Service Recipients or data;

f) a change in the Service Provider's details, payment methods or contact details.

3. The Service Provider informs the Service Recipient of an amendment to the Terms at least 14 days before it enters into force by making the amended Terms available on the Website in a manner enabling their storage and reproduction and by displaying information about the amendment on the Website, in particular after logging in to the Account. The Service Provider may additionally send information about the amendment to the email address assigned to the Account.

4. The Service Recipient may terminate an agreement of a continuous nature before the amendment to the Terms enters into force. Failure to terminate and continued use of the Website after the amendment enters into force means that the Service Recipient is bound by the amended Terms, subject to mandatory provisions of law.

5. The Service Recipient may accept the amended Terms before the date on which they enter into force, in particular by making a declaration on the Website. In that case, the amended Terms bind the Service Recipient from the moment of acceptance.

6. Changes arising directly from legal provisions, a decision of a competent authority, or the need to remove an immediate security threat may enter into force on a shorter date specified in the notice.

7. Services performed before an amendment enters into force are governed by the Terms in force at the time the relevant Service was ordered.

8. Each version of the Terms is marked with the date on which it becomes effective. Archived versions of the Terms are retained by the Service Provider.

Section 9. Miscellaneous provisions

1. The Service Provider is not liable for interruptions and problems in using the Website resulting from force majeure or causes on the side of the Service Recipient or third parties.

2. Any disputes related to the performance of the Service and the content of the Terms will be resolved by the court competent for the seat of the Service Provider, unless generally applicable law provides otherwise.

3. Any invalid or incomplete provisions of the Terms will be interpreted in accordance with generally applicable Polish law.

4. Matters not regulated by these Terms are governed by generally applicable Polish law, in particular the Civil Code and the Act on the provision of electronic services.

5. The Terms may be made available in more than one language version. In the event of a discrepancy between language versions, the Polish version prevails, subject to mandatory provisions of law.