Terms and Conditions

§1. General provisions and definitions

1.1. These Terms and Conditions (the "Terms") set out the rules for using the website available at pozabankiem.pl (hereinafter: the "Service"), operated by:

KB Group Spółka z Ograniczoną Odpowiedzialnością (a Polish limited liability company)
with its registered office at Plac Stanisława Małachowskiego 2, 00-066 Warszawa
entered in the register of entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy) kept by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register, under KRS number: 0001249094
NIP: 5253095134  ·  REGON: 545081870
(hereinafter: the "Operator" or the "Company")

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

• User — any natural person, legal person, or organizational unit without legal personality using the Service;
• Consumer — a User who is a natural person using the Service for purposes not directly related to their professional or business activity;
• Business — a User conducting business or professional activity in their own name;
• Services — the services provided by the Operator through the Service, including providing information about financial products, handling contact forms, and educational content;
• Financial Product — a product offered by the Operator as a financial broker, including in particular: factoring, private loans secured by real estate, development financing, agricultural financing, and contract-based financing;
• GDPR — Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data;
• the Polish Act on the Provision of Electronic Services ("UŚUDE") — the Act of 18 July 2002 on the Provision of Services by Electronic Means (Journal of Laws of 2020, item 344, as amended).

§2. Nature of the Operator's business activity

2.1. The Operator's business consists of connecting parties seeking financing with private investors and private debt funds, and it also provides advisory and brokerage services in respect of financial products offered by third parties.

2.2. The information contained in the Service, including product descriptions, financing parameters, sample rates and terms, is for informational and illustrative purposes only. It does not constitute an offer within the meaning of Article 66 § 1 of the Polish Civil Code, nor a promise to enter into a contract within the meaning of Article 389 of the Polish Civil Code.

2.3. The final terms of each financial transaction, including the amount, interest rate, commission, financing period, and collateral, are determined individually following a credit analysis and negotiations with the investor or financing party.

2.4. The Operator does not guarantee that a User submitting an inquiry through the Service will obtain financing.

§3. Scope and nature of the Service

3.1. The Service is an information and contact platform through which the User may:

• review descriptions of financial products offered by the Operator as a broker;
• read educational content on finance, factoring, loans secured by real estate, and liquidity management;
• contact the Operator using the contact form or the contact details provided;
• submit a preliminary inquiry about financing.

3.2. The Service is not a transactional platform. No action performed by the User within the Service results in the conclusion of a financing agreement. Agreements are concluded exclusively in writing, outside the Service, after the analysis and negotiation process has been completed.

3.3. The educational content published in the Service (blog, glossary, articles) is for illustrative purposes only and does not constitute financial, investment, or legal advice within the meaning of applicable law.

§4. Rules for using the Service

4.1. Use of the Service is free of charge and does not require registration.

4.2. The User undertakes to use the Service in a manner that is:

• compliant with generally applicable law, in particular Polish and EU law;
• compliant with the provisions of these Terms;
• not infringing the rights and interests of third parties, including personal rights, copyrights, and personal data;
• not burdensome for other Users or the Operator.

4.3. In particular, it is prohibited to:

• submit content of an unlawful, offensive, or vulgar nature, or content infringing the rights of third parties, through the forms;
• take actions that could disrupt or prevent the functioning of the Service, including DDoS attacks, vulnerability scanning, or attempts at unauthorized access;
• use automated tools for mass data collection (web scraping) without the Operator's prior written consent;
• impersonate other persons or entities;
• provide false or misleading information in the contact forms;
• send unsolicited commercial communications (spam) through the Service.

4.4. The Operator reserves the right to block a User's access to the Service if the User violates the provisions of these Terms or applicable law.

4.5. Technical requirements necessary to use the Service: a device with internet access, and an up-to-date web browser supporting JavaScript and CSS3 (Chrome 90+, Firefox 90+, Safari 14+, Edge 90+). The Operator is not liable for the unavailability of the Service caused by a failure to meet the above requirements.

§5. Contact form and financing inquiries

5.1. The Service provides a contact form allowing the User to send a financing inquiry or other message to the Operator.

5.2. Submitting the contact form is equivalent to:

• having read and accepted these Terms;
• having read the Privacy Policy and consenting to the processing of the personal data provided in the form for the purpose of handling the inquiry.

5.3. The Operator undertakes to respond to an inquiry within 2 business days of receiving it. Response times for matters requiring financial analysis may be longer.

5.4. Submitting a financing inquiry through the form or by telephone:

• does not constitute the submission of an application for a loan or other financial product within the meaning of applicable law;
• does not obligate the Operator to offer financing or to enter into any agreement;
• does not obligate the User to make use of the products offered;
• is free of charge and

5.5. A User submitting a financing inquiry declares that the information provided is true and complete. Providing false information may result in a refusal of service or termination of the business relationship.

§6. Processing of personal data

6.1. The controller of the personal data of Users using the Service is KB Group Spółka z Ograniczoną Odpowiedzialnością, with its registered office at the address indicated in §1.

6.2. Personal data is processed in accordance with applicable law, in particular the GDPR and the Act of 10 May 2018 on the Protection of Personal Data.

6.3. Detailed information regarding the purposes and legal bases for data processing, categories of data, data recipients, retention periods, and User rights is set out in the Privacy Policy, which forms an integral part of these Terms.

§7. Cookies and tracking technologies

7.1. The Service uses cookies and other tracking technologies. Detailed information regarding the cookies used, their types, purposes, retention periods, and how to manage your preferences is set out in the Cookie Policy.

7.2. Using the Service without changing your browser settings means you accept only the cookies necessary for the Service to function. Analytical and marketing cookies require the User's separate consent.

§8. Intellectual property

8.1. All elements of the Service, including in particular texts, articles, product descriptions, graphics, logos, icons, content layout, source code, and software, are the property of the Operator or of entities that have granted the Operator the relevant licenses, and are protected under the Act of 4 February 1994 on Copyright and Related Rights.

8.2. Without the Operator's prior written consent, it is prohibited to:

• copy, reproduce, distribute, or publicly share the Service's content for commercial purposes;
• modify, translate, or create derivative works based on the Service's content;
• remove or alter copyright notices or information about the rights holder.

8.3. Non-commercial sharing of links to the Service, and quoting individual excerpts of content with attribution of the source (pozabankiem.pl) in accordance with fair quotation practice, is permitted.

8.4. By submitting any content through the Service's forms, the User grants the Operator a free, non-exclusive, territorially unlimited license to use that content for the purpose of handling the inquiry and conducting the business relationship.

§9. Operator's liability

9.1. The Operator exercises due diligence to ensure that the information published in the Service is current, accurate, and complete, but does not guarantee its absolute correctness or currency.

9.2. The Operator is not liable for:

• financial decisions made by a User based on information contained in the Service;
• damages resulting from the inability to use the Service due to causes beyond the Operator's control, including a failure of technical infrastructure, force majeure, or a cyberattack;
• damages resulting from computer viruses or other malicious software downloaded in connection with the use of the Service, provided the Operator has exercised due diligence with respect to security;
• content posted on external websites linked to from the Service;
• unavailability of the Service due to planned technical maintenance, of which the Operator will give advance notice.

9.3. The Operator's liability towards a User who is a Business is limited to actual damages directly incurred in connection with the use of the Service and excludes liability for lost profits.

9.4. The above limitations of liability do not apply to Users who are Consumers to the extent that they would be inconsistent with mandatory provisions of law.

9.5. The Operator is not liable for the actions of financing parties (private investors, funds) with which the User establishes a relationship through the Operator. Agreements with financing parties are concluded directly between the parties.

§10. Marketing communications

10.1. Commercial communications are sent electronically only on the basis of the User's separate, voluntary consent, given in accordance with Article 10 of the Polish Act on the Provision of Electronic Services and Article 172 of the Act of 16 July 2004 — the Polish Telecommunications Law.

10.2. The User may withdraw consent to receive marketing communications at any time by:

• clicking the "Unsubscribe" link included in every email;
• sending a message to: biuro@pozabankiem.pl with the subject "Unsubscribe";
• contacting us by phone at: +48 507 440 718.

10.3. Withdrawing consent does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal.

§11. Amendments to the Terms and Conditions

11.1. The Operator reserves the right to amend these Terms in the event of:

• changes to applicable law that directly affect the content of these Terms;
• decisions or rulings issued by supervisory authorities, courts, or public authorities requiring changes to be made;
• changes to the scope of services offered or the functionality of the Service;
• the need to correct inaccuracies or ambiguities.

11.2. The Operator will inform Users of any amendment to these Terms by posting a notice on the Service's homepage at least 14 days before the amendment takes effect. Users who have consented to email communication will also be notified electronically.

11.3. Archived versions of the Terms are available on request sent to the Operator's email address.

§12. Dispute resolution and complaints

12.1. The User has the right to file a complaint regarding the operation of the Service or the Operator's handling of a matter. The complaint should be sent:

• electronically to: biuro@pozabankiem.pl with the subject "Complaint";
• by post to the Company's registered office address indicated in §1, marked "Complaint".

12.2. The complaint should include: the complainant's first and last name or company name, contact details, a description of the problem, and the User's demand.

12.3. The Operator will review the complaint within 30 days of its receipt and will inform the User of the outcome. In particularly complex cases, this period may be extended to 60 days, of which the User will be informed before the original deadline expires.

12.4. A User who is a Consumer has the right to use out-of-court methods of complaint resolution, including:

• mediation conducted by the Financial Ombudsman (Rzecznik Finansowy) (www.rf.gov.pl) for matters relating to financial services;
• the ODR platform available at: https://ec.europa.eu/consumers/odr/;
• applying to the locally competent Municipal or District Consumer Ombudsman.

§13. Governing law and jurisdiction

13.1. These Terms are governed by Polish law.

13.2. In matters not regulated by these Terms, the provisions of the Polish Civil Code, the Act on the Provision of Electronic Services, the GDPR, and other generally applicable provisions of Polish and EU law shall apply in particular.

13.3. Any disputes between the Operator and a User who is not a Consumer will be resolved by the court competent for the Operator's registered office.

13.4. Disputes between the Operator and a Consumer will be resolved by the court competent under the provisions of the Polish Code of Civil Procedure, taking into account alternative venue rules.

§14. Final provisions

14.1. These Terms enter into force on the date of their publication in the Service.

14.2. If any provision of these Terms is found to be invalid or ineffective, the remaining provisions shall remain in force.

14.3. The language of these Terms and of all communication between the Operator and the User is Polish.

14.4. Any questions regarding these Terms should be directed to: biuro@pozabankiem.pl or by phone: +48 507 440 718.