TERMS AND CONDITIONS OF THE “IDENTT” APPLICATION

§1.  General Provisions

1. These Terms and Conditions (hereinafter: the “Terms”) define the rules for using and operating the mobile application “IDENTT” (hereinafter: the “Application”) available in the Google Play and App Store, including in particular the principles and scope of use of the Application, the rights and obligations of Users, and the rules of liability.
2. The Application is intended for natural persons who are consumers within the meaning of Article 22¹ of the Polish Civil Code.
3. The Application enables local OCR reading of data from an identity document and the reading of data from an identity document in order to support the identity verification process at IDENTT Partners.
4. The Application is downloaded via the Google Play or App Store.
5. Use of the Application does not require permanent account registration. The agreement for the use of the Application is concluded on a one-time basis for the actual duration of its use and expires automatically upon completion of the data reading, after which the data is immediately deleted from the device.
6. The service is provided by IDENTT sp. z o.o., with its registered office in Wrocław (hereinafter: “IDENTT”), ul. Traugutta 45, 50-416 Wrocław, entered in the Register of Entrepreneurs kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under KRS number 0000586371, NIP 8982215099, REGON 363017634, email address: contact@identt.pl.
7. The above data constitutes a contact point for direct electronic communication with the authorities of the Member States, the European Commission, and the European Board for Digital Services in accordance with 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).
8. These Terms for the provision of services by electronic means are made available to the User free of charge via the Application in a form enabling their acquisition, reproduction, and storage. Each User is obliged to read the Terms before concluding an agreement with IDENTT for the use of the Application.
9. The Terms apply exclusively for the actual period of use of the Application by the User. After the end of use of the Application: the User’s data is automatically deleted from the Application and the device, the provision of the service is deemed completed, and the Terms cease to apply in relation to that use of the Application.
10. Within the Application, IDENTT processes the User’s personal data as a processor acting on behalf of the personal data controller, i.e. the IDENTT Partner, for the purpose of providing the Service.

§2.Definitions

For the purposes of these Terms, the following definitions apply:

1. Service Provider – IDENTT sp. z o.o. with its registered office in Wrocław, ul. Traugutta 45, 50-416 Wrocław, entered in the Register of Entrepreneurs kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under KRS number 0000586371, NIP 8982215099, REGON 363017634.
2. User – a natural person whose data from the electronic layer of a document is to be read within the Application.
3. Application – the mobile application “IDENTT” made available in the Google Play and App Store, enabling local OCR reading of data from an identity document and reading of data from an identity document in order to support the identity verification process.
4. Service – a service supporting the identity verification process, provided electronically by the Service Provider via the Application, consisting in enabling the User to perform a local reading of data from the electronic layer of an identity document within the Partner’s process.
5. IDENTT Partner or Partner – an entity with which IDENTT has concluded a cooperation agreement in the scope of supporting the identity verification process and a personal data processing agreement, and which, by using the tools offered by IDENTT, conducts the identity verification process as the recipient of information from the verification carried out.

§3. Provision of Services by Electronic Means

1. The Service Provider provides the following services by electronic means:
   a) enabling local OCR reading of data from an identity document;
   b) enabling the reading of data from an identity document in order to support the identity verification process;
   c) providing a preview of the data read from the identity document.
2. The services are provided 24 hours a day, 7 days a week, subject to periods of unavailability related to maintenance, technical repairs, system expansion, or updates, about which the Service Provider will inform in advance (unless interruptions are caused by unforeseeable failures).
3. The Service Provider reserves the right to temporarily suspend access to the Application in order to carry out necessary maintenance or updates. Planned technical breaks will be announced to Users in advance via a message in the Application.
4. Minimum technical requirements for using the Application:
   a) a mobile device with Android version 27 and/or iOS version 15.3;
   b) a device equipped with an NFC module;
   c) Internet connection;
   d) activation of required system permissions, e.g. camera access.
5. The Service Provider does not guarantee that all functionalities of the Application will be available on all devices.
6. The Application and all its functionalities are provided to Users “as is”, without any warranty, express or implied, as to their quality, fitness for a particular purpose, error-free operation, or compliance with User expectations.
7. The Service Provider informs that the use of services provided electronically may involve specific risks related to the possible loss of availability, confidentiality, or integrity of data. To minimize such risks, the Service Provider recommends that Users apply organizational and technical measures appropriate to the identified risks, in particular antivirus software or Internet identity protection tools.

§4.  Use of the Application

1. The Application may be used in two variants, i.e. as a tool for:
   a) an identity verification process initiated by an IDENTT Partner from whom the User received a redirection to the Application.
   – The User is redirected to the Application via a dedicated link received from the IDENTT Partner during the identity verification process.
   – In the Application, the User may perform a local reading of data from the electronic layer of an identity card or passport compliant with ICAO 9309.
   – The data read in the Application is then processed by IDENTT outside the Application on behalf of the Partner, where IDENTT supports the identity verification process and prepares verification information. IDENTT then provides this information to the Partner who referred the User to the Application. The Partner always makes the final decision regarding the result of the User’s identity verification.
   b) previewing data on the User’s mobile device – the User uses the Application independently by downloading it from the app store, without the involvement or instruction of an IDENTT Partner.
   – The User downloads the Application independently from the app store (Google Play or App Store).
   – The User performs a local reading of data from the electronic layer of an identity document (e.g. an identity card or passport) and then previews the data in the Application.
   – This data is not transmitted from the Application anywhere; only a local preview on the User’s mobile device is possible. The data remains exclusively on the User’s device and is not transmitted to either IDENTT or the Partner, and after the preview is completed,

§5. Rights and Obligations of the User

1. The User is obliged to:comply with the provisions of these Terms and generally applicable laws;
   a) provide true, current, and complete data during the reading of data from the identity document;
   b) refrain from using the Application in a manner inconsistent with its purpose or for the purpose of circumventing the law.
2. The User is prohibited from:
   a) providing unlawful content;
   b) using false identity documents;
   c) attempting to impersonate other persons;
   d) using third-party identity documents;
   e) attempting to bypass system security, including social engineering or phishing attacks;
   f) attempting to deceive the Application;
   g) performing actions that could disrupt the operation of the Application;
   h) attempting unauthorized access to the Application or other Users’ data;
   i) using the Application for purposes contrary to law, good customs, or the rights of third parties;
   j) copying, modifying, distributing, transmitting, or otherwise using any elements of the Application without the explicit consent of the Service Provider;
   k) undertaking actions that could endanger the security of data in the Application.

§6. Rights and Obligations of the Service Provider

1. The Service Provider is obliged to apply appropriate technical and organizational measures to protect data processed in the Application and to process personal data in accordance with applicable law.
2. The Service Provider reserves the right to monitor User activity in the Application in order to ensure security, detect abuse, and ensure compliance with these Terms.
3. The Service Provider has the right to suspend the provision of Services in the event of a User’s breach of these Terms or applicable law.przypadku stwierdzenia naruszenia przez Użytkownika postanowień Regulaminu lub przepisów prawa.

§7. Intellectual Property

1. The Application and all its elements, including in particular the name, logo, graphic layout, software, databases, content, and other elements, are protected by intellectual property rights belonging to the Service Provider or third parties from whom the Service Provider has acquired such rights.
2. Nothing in these Terms shall be construed as granting the User any intellectual property rights to the Application or any part thereof.
3. Upon concluding the service agreement, the Service Provider grants the User a non-exclusive, non-transferable, worldwide license to use the Application solely for the purpose and to the extent necessary to use the Services provided in accordance with these Terms.
4. The license referred to above does not include the right to:
   a) modify, adapt, translate, decompile, disassemble, or otherwise attempt to obtain the source code of the Application;
   b) create derivative works based on the Application;
   c) sell, license, lease, rent, transfer, make available, or otherwise distribute the Application.
5. The User may not remove, obscure, or modify copyright notices, trademarks, or other intellectual property notices included in the Application.
6. Any use of Application elements beyond the scope permitted by these Terms requires the prior written consent of the Service Provider.
7. In the event of a breach of this section by the User, the Service Provider may terminate the agreement with immediate effect and seek damages under general principles.

§8. Liability

1. The Service Provider is liable for non-performance or improper performance of services provided via the Application in accordance with generally applicable law, subject to the limitations set out below.
2. The Service Provider is not liable for:
   a) damages resulting from the User providing false, incomplete, outdated, or incorrect data;
   b) damages resulting from improper use of the Application by the User;
   c) data loss caused by hardware or system failures or other circumstances beyond the Service Provider’s control;
   d) damages resulting from interruptions in Application availability caused by force majeure, third-party actions, or technical reasons beyond the Service Provider’s control;
   e) damages resulting from the User’s failure to meet the minimum technical requirements, including lack of Internet access;
   f) damages resulting from the manner in which the User uses information obtained via the Application.
3. To the extent permitted by law, the Service Provider’s liability towards the User is limited to the amount of actual damage suffered by the User in connection with the Service.
4. The IDENTT Partner is responsible for compliance with security, cybersecurity, and personal data protection principles in the process of providing the Application link.

§9. Personal Data Protection

1. The controller of personal data in connection with the use of the Application is the relevant IDENTT Partner who referred the User to the Application for the purpose of identity verification.
2. The identity and contact details of the specific IDENTT Partner are consistent with those of the Partner from whom the User received the redirection link to the Application and are included in the Partner’s privacy policy provided to the User prior to the start of the identity verification process.
3. The Application constitutes only a tool supporting the identity verification process commissioned by the Partner, and IDENTT acts on behalf of the Partner as a subcontractor and personal data processor.

§10. Termination of the Agreement

1. The agreement for the provision of electronic services is concluded for the duration of the Service.
2. The User may terminate the use of the Application at any time by closing it or uninstalling it from the device.

§11. Final Provisions

1. These Terms enter into force on the date of their publication in the Application.
2. The Service Provider reserves the right to amend these Terms at any time. Users will be informed of changes by publishing a new version of the Terms in the Application.
3. Matters not regulated herein shall be governed by Polish law, in particular the Civil Code, the Act on the Provision of Electronic Services, the Act on Copyright and Related Rights, and other generally applicable legal provisions.
4. Any disputes arising between the Service Provider and the User shall be resolved by a court of general jurisdiction.
5. If any provision of these Terms is deemed invalid or ineffective by a competent court or as a result of future legislative or administrative actions, such determination shall not invalidate or render ineffective the remaining provisions. Invalid or ineffective provisions shall be excluded, while the remaining provisions shall remain in full force and effect, and the invalid or ineffective provisions shall be replaced by provisions of similar meaning reflecting the original intent, to the extent permitted by law.
6. These Terms have been prepared in Polish and English, which constitute the only binding language versions.