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TERMS AND CONDITIONS FOR USING THE Pago APPLICATION
last updated on 06.19.2019

Welcome to the Pago software application or on the website identified with URL address: www.pago.ro (the "Site") Accessing the Pago App (as it is defined below), this Site as well as using the services provided through the Site take place after informing you about the existence of the terms and conditions listed below (the „„Terms””) and, in case of accessing the Application, offering the possibility to expressly accept them. In the absence of this explicit or implicit acceptance from you, you may not use the Pago App and/or the Site.

These terms are meant to explain to you as clear and transparent as possible the way you may use the Pago App. As such, the document is subject to continuous modifications – we recommend you see this document with regularity, to be informed with regard to its latest updated version.

1. Definitions

In this document, the words in capitals will have the following meanings:

a)
"Pago App" means the software application, over which the Company (as defined below) is the holder of rights, whereby the Users (as defined below) may make electronic payments online, to various suppliers of services, accessible for being downloaded by the Users on their mobile phones, through Apple App Store and Google Play, directly, or through the Site, by redirecting, indirectly. For the purpose of these terms, this definition will be used irrespective of the modality of accessing the Pago Application (through the Site or with the help of the mobile phone, directly from Apple App Store or Google Play);
b)
"Pago-Samsung App" means the software application, over which the Company (as defined below) is the holder of rights, whereby the Users (as defined below) may connect to the Pago App and may make electronic payments online, to various suppliers of services, accessible for being downloaded by the Users on their Samsung smart TVs, through Samsung Tyzen Store. The Pago- Samsung App may not be used without configuring the Pago App in advance, as provided in these Terms, so any reference to the Pago App will include a reference to the Pago-Samsung App, but references to the Pago-Samsunsg App shall be understood restrictively, as regarding only this application.
c)
The "Company", “We” sau “our” means Timesafe SRL, a Romanian legal entity, with headquarters in Voluntari, registered with the Trade Registry under no. J23/1658/2016, UIC 35968582;
d)
"Account on Third Site" means the Users’ accounts and the information found on other websites or other applications belonging to the Agreed Suppliers (as defined below), besides the Pago App, over which the Company has no right and for whose functioning the Company may not be liable. Insofar as the Application may not connect by an Account from a Third Site, we recommend you verify if the Third Site presents connection problems before contacting the Company;
e)
"Personal Data" means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, according to the definition from the General Data Processing Regulation (“GDPR”);
f)
"Agreed Supplier" means the legal entity included in the Pago App to which the Users may make payments through the functions of the Pago App. The Agreed Suppliers are uploaded in the Application insofar as the Company or any of its collaborators has a contractual relationship with them in this sense;
g)
"User" means any natural person, over 18 years old who registers and uses the Pago App, accepting these terms. For the avoidance of any doubt, the Pago App is not meant for the natural persons who do not meet the conditions described in this definition and, explicitly, is not meant to the use by the minors (in the sense of the legislation applicable to a certain user);
h)
"Usage fee"means the amount which is to be paid by the user as per section 3 below, in order to use the features, the User would like to have available in the Pago App;
i)
"Donate with Pago" is the Company's campaign through which Pago App Users and Site users have the possibility to make donations to certain Non-Governmental Organizations (as defined below);
j)
"Non-Governmental Organization" is a non-profit non-governmental organization such as an association, foundation or federation selected to participate in the Donate with Pago campaign in accordance with the Regulation available here.
2. Using and functioning of the App

2.1. The Company offers the User, based on the account created by the User, access to the Pago App whereby it may pay its invoices, contributions, taxes and may make other payments to the Agreed Suppliers.

2.2. The services provided through the Pago App are meant only for Users who accept these Terms and may be used only after accepting such terms. Insofar as it is necessary, according to the legal provisions or the requests of any authority, as well as based on suspicions of fraud or damage to its systems, the Company may ask any User to prove their legitimacy as a User, by asking them to supply additional information or documents. In this situation, the Company will not process any Personal Data contained in the offered additional information / documents but for proving the legitimacy of the User.

2.3. Through the Pago App and / or the Site, the Company offers the users access to the following services:

a)

payment of invoices to the Agreed Suppliers, by using one of the following methods:

- by configuring an Agreed Supplier as per art. 2.4 f) below;

- by scanning a bill received from a utility provider, considering they are an Agreed Supplier, without the configuration mentioned above. This method is not applicable for other suppliers which are not on the list of Agreed Suppliers, with the exception of suppliers available to Users which have activated the Premium/Unlimited versions and who have previously used the options described in art 31.3. lit. d) and 31.4. lit. d) and in these cases such payments of bills from these suppliers will only be available to these Users.

b)
viewing the history of the payments made to the Agreed Suppliers;
c)
electronic charging of the prepaid SIM cards, for the card’s afferent to phone numbers valid on the Romanian territory;
d)
obtaining financial offers for concluding the mandatory vehicle civil liability insurance (RCA);
e)
concluding an RCA policy;
f)
receiving notifications regarding the expiration of mandatory periodic check-ups, comprehensive insurance, mechanical check- ups, road tax (for one or more vehicles), based on configurations set up by the User;
g)
obtaining financial offers for concluding a medical insurance for travelling (travel insurance);
h)
concluding a medical insurance for travelling (travel insurance).

2.4. In order for a User to benefit, in the best conditions, from the above-mentioned services, they must follow a certain set of steps:

a)
downloading the Pago App from Apple App Store or Google Play, on a phone compatible with the current version of the Pago App, according to the mentions found on the page of the Pago App from Apple App Store or Google Play. Thus, the Company does not guarantee the functioning of the Pago App on any mobile device belonging to any user;
b)
creating a User account, by filling in a form which contains the following fields: the e- mail address, name, forename, password; when filling in this form, the User is obliged to supply current, complete data; in case the form is not filled in, the natural person may not become User of the Pago App; the purpose of requiring and processing such information by the Company is described in the policy regarding the personal data processing (the “Policy”), accessible here;
c)
as an alternative to the step described at letter b) above, the User may use their Facebook account to connect to the Application. In this situation, the Company will process the User’s name from Facebook. The Users who are interested in additional aspects regarding the connection of their Facebook account in other applications/websites, may access this link for more details;
d)
within the process described at letter b) above, accepting the Terms and confirming that it was informed about the content of the Policy; these documents are accessible at any moment, for consultation, in the Pago App, after the finalization of the process described at letter b);
e)
selecting at least one of the payment types which the User may make in the Pago App, respectively (1) the payment of the invoices issued by several Agreed Suppliers, or (2) the payment afferent to crediting a prepaid SIM card;
f)
(optional, if the functionality to pay after scanning a bill as per art. 2.3. lit. a) pct. ii. is not used) in the case of the action indicated at letter d) (1) above, selecting at least one Agreed Supplier from the list available in the Pago App, organized depending on the type of services offered (electricity, gas, water, sanitation, etc.) and introducing the connecting data (account name and password) which the User uses in its online account in the application / website of the Agreed Supplier;
g)
after finalizing the action from letter e), the configuration of each consumption place afferent to each Agreed Supplier selected and connected by the User in the Pago Application, by indicating the type of place (home, parents’ home, vacation home);
h)
in the case of the action indicated at letter d) (2), introducing the phone number afferent to the prepaid SIM card which the User wants to charge with credit;
i)
introducing the payment details (number of bank account and unique password, created within the Pago App) based on which the payment of invoices and the charge with credit are to be made. These details may be processed within the Pago App, according to the Policy accessible here;
j)
The payment of the Usage fee, as per Section 3 below;
k)
other actions specific for contracting RCA and / or travelling insurance.

2.5 Following the pursuit of the steps indicated above, the Company, by means of the Pago App, has access and processes certain information existing in the electronic accounts of the Users registered in the applications / sites belonging to the Agreed Suppliers. The access and the processing are made according to the provisions of the Policy, available here.

2.6. While using the Pago App, the User has the possibility to make at any time any of the following actions:

a)
adding and erasing the Agreed Suppliers from its account;
b)
adding a bank card (i) by using the menu Settings – My cards, or (ii) by inserting the bank card details upon the initiation of the first payment.
b1)
changing the data of the bank card used for making payments;
c)
accessing the settings of the Pago App, wherefrom it may find out more details about the Pago App; it may send written requests or questions to the Company; it may configure the types of notifications it wants to receive from the Pago App; it may set the method for securing the payments (a numerical code or fingerprint); it may change the language in which the Pago App is displayed (Romanian or English);
d)
viewing all the invoices afferent to the configured Agreed Suppliers, in PDF format;
e)
changing the subscription based on which the App is used, by switching to another subscription, if it wishes to use more or fewer functionalities of the Pago App;
f)
disconnecting from the Pago Application.

2.7 The User is liable for keeping safe the identification and connecting data afferent to the User’s account, to prevent or reduce the chances of the unauthorized access of the account created on the Pago Application. For more information regarding this aspect, please see the Policy, accessible here.

2.8 In the situation when, while using the Pago App, the User notices any elements which could indicate the inappropriate functioning of the Pago App, it may announce this fact to the Company by an e- mail sent at the address support@pagoplateste.ro or it may access the section “Say your opinion” from the Pago App.

2.9 The User is entirely liable for all the operations made through the Pago App. In exchange, the Company guarantees that it processes the data generated by the User within the Pago App, including the Personal Data, according to the provisions of the Policy, accessible here.

2.10 For the avoidance of any doubt, the Company is not liable for the accuracy of the information comprised in the PDF invoices available within the Pago App, belonging to the Agreed Suppliers, such as, without limiting to, the amount owed and its due date, the correct description of the consumption place or the holder of the agreement afferent to the consumption place. For any clarifications or discrepancies related to this information, the Company will direct the User to the Agreed Supplier issuing the invoice.

2.11 Insofar as the Personal Data offered by the User when filling in the registration form in the Pago App is false, inexact or incomplete, the Company, after ascertaining this fact directly or following an announcement, may cancel or suspend this account, totally or partially, or it may refuse to supply any or all services available within the Pago App, insofar as the respective Personal Data may not be rectified by the Company with the help of the User.

2.12 In any case, the Company does not process Personal Data which are not necessary for offering the services available in the App, for which it did not obtain the prior express consent of the User and in relation to which it has no legitimate interest or another reason for processing.

2.13 In the history of payments afferent to each Agreed Supplier, the User may consult the situation of all invoices paid during the past 6 months, it may find out the contact data of the customer support departments of the Agreed Suppliers or it may ask for the re-transmission of a payment confirmation of any invoice, insofar as that payment was previously made with the help of the Pago App. This re-transmission is made through the User’s e-mail.

2.14 The User can pay one invoice or several invoices at the same time, up to the maximum number of payments available monthly on the active subscription. Once the maximum number of invoice payments available is reached, when the user attempts another bill payment, the app will show a message informing that the limit has been reached and suggesting the possibility to activate a subscription, along with information about the features available and the price of each subscription.

2.141 In case the User has not added a bank card to his/her account by using the menu Settings – My cards, upon the initiation of the first payment, the User will be asked for data regarding its bank card which will be subsequently saved by the payments processor used by the Company, at the relevant time. The confirmation of making the payment is visually signaled in the Application and by a confirmation e-mail sent to the User.

2.142 The Company does not process, by any means, the bank card of any User besides for facilitating the access to such information by the payment processor. More details in this sense may be found in the Policy available here.

2.15 We use third products for processing the payments ("Payment processors") made from your account from the Application. Processing the payments may be subject to the confidentiality terms, conditions and policies of the Payment processors, in addition to these Terms.

2.16 We are not liable for any error which may occur in relation with the processing of such payment. You agree to make the payment by using that payment method selected when you instruct the making of such payment.

2.17 The Company does not guarantee a certain interval of time which may elapse between any of the operating steps of the Pago App, as they are described in this section. The Company may not be held liable for the technical difficulties which might occur depending on the mobile device where the Pago App is running and the capacities of this device. The Company is interested in the Users’ feedback, as well as in signaling any issues regarding the functioning of the Pago App, which may be sent by e-mail to the address: support@pagoplateste.ro or by means of the section “Say your opinion” from the Pago App.

2.18 The services for obtaining the offers and contracting the RCA and medical insurance for travelling (travelling insurance) policies are offered according to the terms and conditions of such services, available here.

21. Using and functioning of the Pago-Samsung App

21.1 The Company offers the User, based on the prior account created by the User in the Pago App, access to the Pago-Samsung App whereby it may have access to only a part of the services offered by the Company in the Pago App, as these are described in this article.

21.2 The services provided through the Pago- Samsung App are meant only for Users who accept these Terms and may be used only after accepting such Terms. Insofar as it is necessary, according to the legal provisions or the requests of any authority, as well as based on suspicions of fraud or damage to its systems, the Company may ask any User to prove their legitimacy as a User, by asking them to supply additional information or documents.

21.3 In order to use the Pago-Samsung App, a User must follow a certain set of steps:

a)
to download the Pago-Samsung App from Samsung Tyzen Store, on a TV compatible with the current version of the Pago-Samsung App, according to the mentions found on the page of the Pago-Samsung App from Samsung Tyzen Store. Thus, the Company does not guarantee the functioning of the Pago App on any TV belonging to any User;
b)
to log in with the User account created pursuant to art. 2.4 let. b), or to create a User by filling in the data mentioned in to art. 2.4 let. b);
c)
within the process described at letter b) above, accepting the Terms and confirming that it was informed about the content of the Policy; these documents are accessible at any moment, for consultation, in the Pago-Samsung App, after the finalization of the process described at letter b);
d)
to install/have installed the Pago App on the mobile phone and to configure/have configured the Pago App, according to art. 2 of the Terms;
e)
to connect the Pago-Samsung App with the Pago App on the mobile phone; to this end, the User will need to enter in the Settings – My Account menu in the Pago App on the mobile phone the code generated on the Samsung TV.

21.4 Through the Pago-Samsung App, the User will only have access to the payment of the invoices to the Agreed Suppliers configured in the Pago App on the mobile phone, as per art. 2.4 f) above. In order to be able to pay an invoice, the User needs to have a bank card added to the Pago App on the mobile phone, according to the provisions of art. 2.6. let. b) and 2.141 above.

21. While using the Pago-Samsung App, the User has the possibility to make at any time any of the following actions:

a)
viewing the Agreed Suppliers from its account, added in the Pago App and certain details about these Agreed Suppliers (history of the payments, due invoice), and certain consumption graphs;
b)
viewing the history of the payments made to the Agreed Suppliers;
c)
viewing all the invoices afferent to the configured Agreed Suppliers, in PDF format;
d)
sorting all the invoices afferent to the configured Agreed Suppliers;
e)
accessing the settings of the Pago-Samsung App, wherefrom it may choose the default bank card with which the invoices will be paid to the Agreed Suppliers; may read the Terms and the Policy; may find out more about the security measures; may find out more details about the Pago-Samsung App; it may change the language in which the Pago App is displayed (Romanian or English);
f)
disconnecting from the Pago-Samsung App;

21.6 For the avoidance of doubt, all other services/functionalities offered by the Company, as indicated in art. 2 of the Terms (such as, without limitation, adding an Agreed Supplier, adding a bank card, changing the bank card data, changing the tariff plan, etc.) can only be accessed by the User within the Pago App on the mobile phone.

21.7 All other provisions of art. 2 above, relating to the use and functioning of the Pago App, shall apply also to the use and functioning of the Pago- Samsung App, insofar they are related to the services provided by this article and are not contrary to the provisions of this article.

21.8 Also, the effects of using services / functionalities offered by the Company through the Pago-Samsung App, will be reflected in the User’s account in the Pago App.

22. „Donate with Pago” functionality

22.1 The Company offers Users, based on the prior User account created in the Pago App, as well as any other person who does not have a User account and only accesses the Site to use the Donate with Pago feature and to donate to a Non-Governmental Organization.

22.2 Within the Pago App, the User has at any time the possibility to make any of the following actions:

(a)
to make a donation to a Non-Governmental Organization;
(b)
to set up recurring donations to a Non-Governmental Organization;
(c)
to modify recurring donation settings (i.e., stop recurring donations to a particular Non- Governmental Organization, and possibly set up recurring donations to another Non- Governmental Organization).

22.3 Also, within the Pago App, a User has at any time access to the following features:

(a)
to view the profiles created for each of the 15 Non-Governmental Organizations selected in the campaing, including but not limited to description, contact details, location, financial targets, activities, history of donations received through Pago;
(b)
to view the donation history made to Non- Governmental Organizations;
(c)
the possibility to share on social media;
(d)
to possibility to donate anonymously or not.

22.4 Donations made by a User to a Non- Governmental Organization may consist of cash or Pago Points that are automatically converted into money. If the User donates money, the minimum amount to be donated is RON 5. In the case of donations higher than RON 2500, the processing of the trasaction shall be made manually and the donation will be sent to the Non-Governmental Organization only upon its acceptance. If the Non-Governmental Organization does not accept the donation, the Company will refund the amount of money to the User or user of the Site that made the donation.

22.5 Donations made by a User to a Non- Governmental Organization within the Pago App are not taken into account in calculating the number of monthly paid bills according to the User's subscription in accordance with section 31 bellow.

22.6 If a User activates a recurring donation to a Non-Governmental Organization, the respective User will receive the following benefit: he / she will be able to pay two more invoices per month for the number included in the selected subscription plan in accordance with section 31 bellow. This benefit will be active for each month in which at least one recurring donation has been made.

22.7 Donează cu Pago feature is also available to Site users (irrespectively if they are or not Pago App Users and irrespectively if they have or not a User account created). A user of the Site may make a donation to a Non-Governmental Organization. The donation made in this way can only consist of a sum of money and is at least 5 RON. In order to make such a donation, the Site user will be asked for the details of his bank card which will be transmitted to the Payment Processor, the provisions of the Articles 2.142, 2.15 și 2.16 applying accordingly.

22.8 Once a donation has been made by a user of the Site, she/he will receive the donation confirmation by e-mail. This user will also receive a Pago Points number, in accordance with the Regulations available here. Pago points will be awarded only if the user does not already have a User account in the Pago App and only if the user creates a User account via the link sent to him.

22.9 When making a donation through the Pago App or through the Site, the money paid by the User or user of the Site will be transferred to the Company's bank accounts which will then transfer them to the Non-Governmental Organization account to which the amount of money was donated. To avoid any doubt, Non- Governmental Organizations empower the Company to receive donations on their behalf. As such, in this case, the Company acts only as a representantive (power of attorney) of Non- Governmental Organizations, and as such, in this position, the Company receives the money from Users or users of the Site. For clarity, the Company is not and does not act as a payment processor, as a bank or any other type of financial institution.

22.10 The User and the Site User understand and agree that in providing such feature, the Company is only an intermediary and is not a party to the donation agreement between the User or user of the Site and the Non- Governmental Organizations to whom they donate money or Pago Points.

22.11 For clarity, the Company is third party to this legal relationship (donation agreement) and we are not responsible at any time for any claim, damages, payment, deficiency, fine, judgment, debt, loss, cost or expense resulting from or related to the legal relationship between the User or user of the Site and the Non-Governmental Organization.

22.12 The Company does not guarantee or make any statements about Non-Governmental Organizations and their activities. The Company can not be held accountable for the way Non- Governmental Organizations use the donations received from Users or users of the Site. Any dispute over the use of donations by Nongovernmental Organizations or any other matter related to donations is settled directly and strictly between donors (Users or Site users) and donees (Non-Governmental Organizations).

3. Accessing and updating the Accounts from Third Sites

3.1. By using the Pago App and accepting the Terms, the User expressly authorizes the Company to access any of its Accounts from a Third Site, on behalf of the User, according to the provisions of the Policy, available here.

3.2. By using the Pago App, the User may automate, totally or partially, the payments it authorizes to the Agreed Suppliers. In order to optimize the use of the Pago App, so that the User may be certain that the payment amounts displayed in the Pago App are correct and complete, the Company periodically accesses and updates the information about the User available in the Accounts from Third Sites.

3.3 Besides the purpose specified at art. 4.2., the Company will not use for any other purpose the information about the User available in the Account of a Third Site.

3.4. The User understands that, insofar as the information about the User which is available in the Accounts of Third Sites are inconsistent, incomplete or inadequate, there is the possibility that the Pago App not to display correct, complete information regarding the invoices afferent to the Agreed Suppliers. For the avoidance of any doubt, The Company is not liable for any wrong result, insofar as this result is caused by the wrong information regarding the User found in the Accounts of Third Sites. The User is liable for the constant updating of the information available in the Accounts of Third Sites.

31. Subscriptions

31.1. Using the Pago app can be free or by paying a Subscription fee, depending on the features which the user wishes to access.

31.2. In the Free version of the Pago app, a user:

(a)
can pay, on a monthly basis, a maximum of 4 (four) utility bills issued by available issuers;
(b)
pay an unlimited number of mobile top- ups;
(c)
can purchase an unlimited number of RCA insurance policies, regardless of their value, the insurance company which issues them, the period and for one or more vehicles, as long as the terms described here are respected;
(c1)
can purchase an unlimited number of medical insurance for travelling (travel insurance), regardless of their value, the insurance company which issues them, the period and for one or more individuals, as long as the terms described here are respected;
(d)
can use any other features in the app which are not exclusively available for Users who activated the Premium or Limitless versions of the app.

31.3. In the Premium version of the Pago App, the user:

(a)
can pay, on a monthly basis, a maximum of 8 (eight) utility bills issued by available issuers;
(b)
can pay an unlimited number of mobile top-ups;
(c)
can pay an unlimited number of RCA insurance policies, regardless of their value, the insurance company which issues them, the period and for one or more vehicles, as long as the terms described here are respected;
(c1)
can purchase an unlimited number of medical insurance for travelling (travel insurance), regardless of their value, the insurance company which issues them, the period and for one or more individuals, as long as the terms described here are respected;
(d)
can request for a new supplier to be added in the Pago App, if that supplier is not already amongst the Available Suppliers, by sending a photo of a bill issued by that supplier, after which We will add that Supplier in the Pago App so it will be available for payment, within 10 (ten) working days from the moment the picture of the bill is sent in the Pago App. The information included on the bill will be processed by the Company only for the reasons described in this paragraph and in accordance with the Privace Policy available here;
(d1)
can make bill payments to suppliers added in the Pago App by them or other users, as per the procedure described in art. 31.3. (d);
(e)
can set up notifications to be received about expiry dates for an ulimited number of vehicles for: mandatory technical inspection, Casualty and Collission insurance (CASCO), periodic check-ups and road tax. This configuration will be done by adding the expiration date or end of validity periods as indicated above and by choosing the number of days prior to those dates when the user wishes to be notified by the Pago App;
(f)
will receive 50% more Pago points for each event from the App for which Pago points are awarded, as per the Rules described here, with the exception of those indicated under points 2.1.12. – 2.1.15., 2.1.17. and 2.1.18., for which the provisions of this letter will not be applied;
(g)
receives answers with priority to requests sent to the Company, regardless of the contact option used. In this sense, the Company will take measures to make sure it will respond with priority Users who activate the Premium subscription compared to those who activate the Free subscription, but with no specific guarantees as to the maximum time until a reply is sent (this will depend on the number and complexity of the requests coming from users who activate the Premium and Limitless subscriptions);
(h)
can use any other features in the app which are not exclusively available for Users who activated the Limitless version of the app.

31.4. In the Limitless version of the Pago App, the user:

(a)
can pay, on a monthly basis, an unlimited number of utility bills issued by available issuers;
(b)
can pay an unlimited number of mobile top-ups;
(c)
can pay an unlimited number of RCA insurance policies, regardless of their value, the insurance company which issues them, the period and for one or more vehicles, as long as the terms described here are respected;
(c1)
can purchase an unlimited number of medical insurance for travelling (travel insurance), regardless of their value, the insurance company which issues them, the period and for one or more individuals, as long as the terms described here are respected;
(d)
can request for a new supplier to be added in the Pago App, if that supplier is not already amongst the Available Suppliers, by sending a photo of a bill issued by that supplier, after which We will add that Supplier in the Pago App so it will be available for payment, within 3 (three) working days from the moment the picture of the bill is sent in the Pago App. The information included on the bill will be processed by the Company only for the reasons described in this paragraph and in accordance with the Privace Policy available here;
(d1)
can make bill payments to suppliers added in the Pago App by them or other users, as per the procedure described in art. 31.3. (d)și 31.4. (d);
(e)
can set up notifications to be received with regards to expiry dates for an ulimited number of vehicles for: mandatory technical inspection, Casualty and Collission insurance (CASCO), periodic check-ups and road tax. This configuration will be done by adding the expiration date or end of validity periods as indicated above and by choosing the number of days prior to those dates when the user wishes to be notified by the Pago App;
(f)
will receive twice the number of Pago points for each event from the App for which Pago points are awarded, as per the Rules described here, with the exception of those indicated under points 2.1.12. – 2.1.15., 2.1.17. and 2.1.18., for which the provisions of this letter will not be applied;
(g)
receives answers with priority to requests sent to the Company, regardless of the contact option used. In this sense, the Company will take measures to make sure it will respond with priority Users who activate the Limitless subscription compared to those who activate the Free or Premium subscriptions, but with no specific guarantees as to the maximum time until a reply is sent (this will depend on the number and complexity of the requests coming from users who activate Limitless subscriptions);
(h)
the suggestions regarding new features to be introduced in the App, as received from Users who activate the Limitless subscription, will be treated with priority, without this setting a maximum deadline by which the company is to implement such features.

31.5. Depending on which subscription is chosen from those indicated in art. 31.2 - 31.4., a user may need to pay a Subscription fee, as follows:

(a)
in order to access the Free version of the App, the User will not need to pay a subscription fee;
(b)
in order to have access the Premium version of the App, the User will need to pay a subscription fee of 47.88 RON per year (equivalent to 3.99 RON per month), if the user pays in advance for the use of the for 12 months from the day of the payment, or 4.99 RON per month, if the user makes this payment on a monthly basis;
(c)
in order to have access the Limitless version of the App, the User will need to pay a subscription fee of 155.88 RON per year (equivalent to 12.99 RON per month), if the user pays in advance for the use of the app for 12 months from the day of the payment, or 14.99 RON per month, if the user makes this payment on a monthly basis.

31.6. In order to pay for the Subscription fee, the User will be prompted to insert the card payment details of the card to be used for the payment. The card can be changed at any time by the user, prior to this initial setup. Also, the user can use the Pago points accumulated in their Pago account in order to partially or fully pay for the Subscription fee.

31.61. Also, distinct from the insertion of the bank card payment details at the time of making the first payment, each User has the possibility to add and save a bank card to his/her account by accessing the menu Settings - My cards. If the User chooses to add a bank card by this way, the bank card will be charged with a non-refundable amount of RON 0.2, with the purpose of verifying the card and saving it to the User's account;

31.62. For the avoidance of doubt, the non-refundable amount of RON 0.2 is charged only if the User adds a bank card by accessing the menu Settings - My cards. This amount will not be charged if the bank card is inserted at the time of the first payment.

31.7. The Company reserves the right to change the Subscription fees indicated in art. 31.5. above, which will be applicable starting with the next payment. In such cases, the Company will inform Users in the App and using the email address inserted when creating the Pago account about the date when the new Subscription fees will be applicable. For the avoidance of any doubt, the new Subscription fees will not be applied to the active subscriptions as of the date when the new Subscription fees will be applicable.

31.8 In case of the Premium and Limitless versions of the App, after activation, Users will have a term of 15 (fifteen) calendar days during which they can cancel the activated subscription, regardless of the reason for such action. By cancelling within the given term, the User will not need to make any payment with regards to the Subscription fee to the Company. For the avoidance of any doubt, after the expiry of the cancellation term as described in this article, the Subscription fee will become due.

31.9 When activating the Premium of Limitless versions of the App, the User will insert the card details to be used for paying the Subscription fee, as per art. 31.5 above. In case the Company is not able to debit the card introduced, at the expiration of the term indicated under art. 31.6. above, with the value of the Subscription for the version of the App chosen by the User, the Company will send a notification to the User on the email address used to create their account, in order to inform the User about the declined payment and will offer the possibility to add another card. If the User will not add another card within 24 hours from receiving this email, the Free version of the App will be activated automatically, until such time when the user will add another card which can be used by the Company to debit the Subscription amount.

31.10 Following the end of a subscription period which has been previously paid, a new Subscription which will be identical in duration to the previous one, will be activated and the Subscription fee for this new period will be debited automatically from the card introduced bu the User in the App. This operation will be repeated upon the expiration of each Subscription period until the user expresses their wish to use a different version of the App, in which case the terms and conditions of that version will be applicable, as described in this document for that respective version (Free, Premium, Limitless), starting with the end of the Subscription most recently paid by the user / debited from the card chosen for Subscription payments.

31.11 Deleting the account created in the App will also cancel the automatic debiting of the card added for subscription payments.

31.12 At any time while having one of the Subscriptions activated, a User can switch to a different version of the App. If the User has activated one of the versions for which a Subscription fee is needed (Premium or Freemium) and wishes to use the Free version of the App, this option will be recorded in the App and will be activated o the day following the expiration of the Subscription already paid by the User. For the avoidance of any doubt, the Company will not reimburse the User for part of the Subscriptiuon already paid, at the moment when the option to switch to the Free version of the App is expressed.

4. Authentication by digital fingerprint

4.1. The authentication by digital fingerprint may be used on devices which have the authentication by digital fingerprint incorporated, minimum iPhone 5S with a minimum operation system iOS8 and on devices with Android operation system, minimum version 6.0. The company does not process by any means the details of the digital fingerprints stored in the Users’ devices, this serving only for activating algorithms from the Pago App which allows the identification of the User.

4.2. This type of authentication ensures the security degree allowed by the supplier to this authentication solution. More details about the authentication by digital fingerprint may be found:

a)
in the case of iOS operation systems: here;
b)
in the case of Android operation systems: here.

4.3. The Company assumes no liability and makes no recommendations as regards the use of a certain type of authentication to the damage of the authentication system based on the PIN code, or vice versa.

4.4. The User is exclusively liable for the use of the authentication by digital fingerprint and the consequences of any unauthorized authentication using this type of authentication.

41. The recommendation feature of the Pago App to the user’s contacts

41.1 The Company will generate for every user of the Pago App a unique alphanumeric code (formed from numbers and letters), which will be associated only to that User and which that User can distribute to their contacts from their phone’s contact list. For the avoidance of any doubt, the User is not obliged to distribute this code, while the distribution of the unique code will not lead to activating features of the App which would be otherwise unavailable to that User, with the exception of those described in section 41.

41.2 The User can receive, in relation to their activity of distributing the unique code attached to their account in the Pago App, a number of Pago Points (in accordance with the Rules described here), as long as the User takes the following cumulative actions:

(a)
the User distributes the unique code attached to their Pago account to their contacts;
(b)
one of the User’s contacts installs the Pago App, as a result of using the link distributed by the User, which contains the unique code attached to the user’s Pago account;
(c)
following installing the Pago App as per point (b) above, the new User connects an Available Supplier and pays a bill issued by that supplier.

41.3 The unique code attached to the Pago account of every User is available in the Invite friend in Pago section and can be distributed to anyone and to an unlimited number of the User’s contacts. For new Users who have taken the actions described in art. 41.2 points (a) and (b), the User who distributed their unique code (which resulted in the App being installed by the new User), will be able to see, in the Invite your friends in Pago section, the fact that the new Users have not paid a bill, having the option to send them a notification.

5. Changes of the Terms

5.1. The terms may be modified at any time by the Company. Each time we make modifications, the User will be notified in this sense when accessing the Pago App and will be asked for the express consent about accepting such Terms.

5.2. The Users may access, within the Pago App, the Terms in their latest version, at any moment.

6. The Limitation of liability

6.1. The Company makes constant efforts for keeping the Application in function. Nevertheless, due to technical reasons or to some technical updates, it is possible that the Application does not function in certain moments. In these situations, the Company will communicate these aspects to the Users, when the Users access the Application.

6.2. Nevertheless, the Company does not assume the liability in any situation for any damage caused directly or indirectly or for any direct or indirect loss of profit, suffered following the use or interruption of using the services offered by the Pago App.

6.3. The payments made by means of the Pago App are processed according to the information from the notification displayed by the Application to the User, after making the payment. Each payment is registered with the date of the day when the payment was made by the User, irrespective of the date when the amount is collected by the recipient Agreed Supplier or by the Company (with regards to the Subscription fees). The Company will not be liable for any prejudice or damage which might occur due to the delayed payments made through the Pago Application or following the inappropriate functioning of the Pago Application, due to objective circumstances.

6.4 The Pago Application makes available for the Users answers to frequent questions which may result from using the Application. At the same time, the Users may contact the Company at any time during the use of the Application to send questions about any aspect from the Application. In this context, the Company is not liable for the possible prejudice caused by the inappropriate use of the Pago App.

7. The applicable law

The Terms as well as any contractual obligation deriving from or in relation with them will be construed according to the Romanian laws. The Romanian courts have the exclusive jurisdiction for settling any litigation related to the use of the Pago App and of these Terms.

8. Third sites

The Pago App and the Site contain links to other websites, for whose content the Company is not liable. Accessing these websites is made according to the terms and conditions of each website. The Company is not liable for the content of these websites.

9. The intellectual property

The Company is the titular of all the rights over the content of the Pago Application and of the Site (including, but not limited to images, texts, trademarks, logo, web graphic elements, scripts, applications and databases). It is forbidden the use of any elements of content regarding the Pago Application and/or the Site, without the prior written consent of the Company.