§1 Preliminary provisions
These Rules for the provision of services by electronic means by PKO Bank Polski S.A. on the Internet site maintained on the developers.pkobp.pl domain (hereinafter referred to as „Rules”), constitute the rules for the provision of services by electronic means within the meaning of the Act of 18 July 2002 on the provision of services by electronic means.
§2 Definitions
The terms used in the Rules shall mean:
§3 Services provided electronically by the Portal
The Bank, via the Developer Portal, allows the User, without registration, access to:
a. Information about Products.
b. Interface availability reports under PSD2 services.
c. Abbreviated technical documentation of PSD2 services.
d. Educational content regarding the Products.
The Bank requires registration of a User Account and login to the Portal to access:
a. Contact with the Bank related to the operation of the PKO BP API.
b. Additional information about selected Products offered through the Portal.
c. Full technical documentation of PSD2 services.
d. Test environments (sandboxes).
e. Educational content on the Products for Registered Users.
Access to test environments (sandboxes) of services resulting from the RTS and their full documentation requires the presentation of a certificate confirming the authorization to provide payment services or confirmation of submission of an application to the competent supervisory authority for their granting.
The Portal is not intended for use by consumers.
§4 Terms of the Portal use
By using the Portal, the User acknowledges that the Portal is intended for entrepreneurs in connection with their business activities.
a. Registration of a User Account in any other capacity may result in limited access to the content presented on the Portal.
b. Access to Payment Services Products, including PSD2 Products, is limited to entrepreneurs with the appropriate authorization from the supervisory authority.
Access to services listed in §3 section 1 and section 2 letters a., b. and e. is also allowed to natural persons, in direct connection with the professional activity performed by these entities.
The content available on the Portal does not constitute an offer within the meaning of the Civil Code, unless expressly stipulated otherwise.
Upon the commencement of the use of the Portal, an agreement is concluded for the provision of services in the form of access to the Developer Portal for Users other than Registered Users, under the rules specified in the Rules.
At the moment of registration and activation of the User Account, an agreement for the provision of services in the form of access to the Developer Portal for Registered Users is concluded, on the Rules specified in these Regulations.
Access to the data made available through the API of PKO Bank Polski may involve the need to meet the requirements set forth in separate regulations, including in particular the provisions of the eIDAS Regulation and the RTS.
Access to the PSD2 test environment involves the need to present a valid qualified seal certificate compliant with ETSI TS 119 495.
The Bank shall be entitled to unilaterally amend the Rules at any time. Any changes to the Rules are effective from the date of their publication on the Portal's website in the form of a consolidated text. Changes to the Rules will be communicated by e-mail to all Users who have an active User Account.
The Bank reserves the right to restrict, replace, remove or change at any time the function, structure or any other aspect of the Portal, software, PKO BP APIs or the content of the Portal without prior notice to the Users, unless otherwise specified by law. The User is obliged to stop using the Portal and delete his/her User Account if he/she does not accept the changes, as further use implies acceptance of the changes. The changes introduced by the Bank, referred to in the preceding sentence, will not cause the shutdown of the Portal and the Services to the extent that their operation is required by universally applicable regulations.
Both the Portal as a whole and the individual elements of its content are subject to the protection provided by law, in particular, the Acts: Act of February 4, 1994 on Copyright and Related Rights; Act of July 27, 2001 on Protection of Databases; Act of April 16, 1993 on Combating Unfair Competition; and Act of June 30, 2000 on Industrial Property Law.
The Users have the right to use the Portal solely for the purpose of contacting the Bank in the area of services, and to use the services, only within the functionalities provided by the Bank, in accordance with the technical specifications published and updated by the Bank within the Portal. The User undertakes to use the Portal in accordance with the specifications current as of the date of the User's use of the Portal. Any other use of the Portal is prohibited and constitutes a material violation of these Rules by the User, in particular:
a. an attempt to use real payment service user data in test environments,
b. an attempt to use eIDAS certificates to which the Participant does not have authorization,
c. an attempt to access the PKO sandbox or API using elements to which the Participant is not authorized
d. an attempt to generate traffic that threatens the stability of the test environment.
The technical condition for the use of the Portal is the possession of Internet access and an e-mail account by the entity requesting access to the services available after registration.
The use of the Portal is possible through the web browser Microsoft Edge, Chrome 70, FireFox 60.3 (or higher versions) and when JavaScript and cookies are enabled in the user's web browser and through the mobile application.
The Portal may use the following technologies: JavaScript, XML, DHTML, cookies, HTML, CSS, SSL. All sub-pages of the Portal may require login or use of encrypted SSL transmission protocol.
The Bank reserves the right to introduce technical interruptions in the operation of the Portal, during which some or all of the functionalities will not be available, without notifying you each time. Technical interruptions do not constitute grounds for complaint.
It is forbidden to access the Portal and its content in an automated manner, consisting, in particular, in the use of bots, indexing robots and other automated tools that allow the use of the Portal without the User's intervention. Automated access is allowed only if the Bank gives its written (under pain of invalidity) consent.
The User is prohibited from engaging in activities to the detriment of the Portal, the Bank or other Portal Users.
If third parties are allowed to use the Portal in accordance with the provisions of the Rules, the User shall be liable for the acts and omissions of such persons as for his/her own acts and omissions.
Introduction of unlawful content in the Portal by the User is not permitted.
The User may use within the Portal only the data and content to which he/she is entitled, unencumbered by the rights of third parties.
§5 Access to the Products
§6 Registration process and login
Use of all services requires prior acceptance of the content of the Rules and registration on the Developer Portal. The User is obliged to use current and complete data to which he/she has full rights.
The use of false, outdated, incorrect or incomplete data or data of other persons shall be grounds for refusal to conclude or immediate termination of the agreement concluded between the User and the Bank.
Within the framework of registration, the User shall provide the Bank with his/her basic data:
a. First and last name
b. Contact telephone number
c. Company e-mail address or private address, if the registration of the User Account is not related to the User's business duties
d. Name of the company/organization to which the User belongs and its address
After registering on the Portal, the User will receive an e-mail to the e-mail address he/she indicated in the registration process confirming the establishment of the User's account, together with an activation code allowing activation of the account.
In the event of a change in registration or contact data, the User agrees to immediately inform the Bank by updating them.
Any notices sent by the Bank under the Rules shall be deemed effectively delivered if sent to the last mailing address (including e-mail address) known to the Bank and provided by the User in the registration process or in the User panel.
The Bank reserves the right to send messages related to the functioning of the Portal to the e-mail address provided, in particular regarding changes made to the Rules, Services and Products, as well as notifications related to the User's Account, including, but not limited to, responses to requests or notifying of the need to take action.
§7 Test environments
§8 Changes in documentation
§9 Refusal and blocking of access
§10 Termination of the Agreement for use of the Portal
The provision of Services by the Bank within the Portal is perpetual, with the User having the right to terminate the Agreement at any time by deleting the User's Account, which results in loss of access to the part of the Portal for Registered Users, including settings, Products and existing communication with the Bank.
Subject to the other provisions of the Rules, the Agreement may be terminated by the Bank immediately for reasons that are important to the Bank, including, in particular, when:
a. The User violates the provisions of the Rules, in particular § 4 section 10, § 6 section 2 or § 7 section 2,
b. the User is found to have provided false, outdated, incorrect or incomplete data or statements, or data of other persons,
c. The User undertakes actions aimed at changing the content of the service or other modifications that may disrupt its operation,
d. the User's actions or omissions adversely affect the Bank's good name or otherwise materially harm the Bank.
Termination of the Agreement by the Bank shall result in the blocking of access to the User's Account.
The Bank reserves the right to discontinue the Portal at any time, without any compensation to the Users.
§11 Final provisions and disclaimers
§12. Personal data processing