Terms and Conditions – Retiva.io

Last updated: 19.08.2026

These Terms and Conditions set out the rules and conditions for using the website available at retiva.io and the related, individually branded voucher sales pages operating on retiva.io subdomains (jointly the “Service”).

The Service is operated by:

Retiva.io — MS Quality Maria Szruba

ul. Gen. Kazimierza Pułaskiego 38/11, 40-276 Katowice, Poland

VAT ID (NIP): 6462759343, REGON: 243418180

Contact: info@retiva.io

(the “Operator”)

§1. General provisions

1. These Terms define the rules for using the Service, including the rules for the purchase of Vouchers by Buyers and the rules for the use of the Service by Venues for the purpose of selling Vouchers.
2. Using the Service – including purchasing a Voucher or creating a Venue Account – constitutes acceptance of these Terms in their entirety.
3. The Operator provides services by electronic means in accordance with the Polish Act of 18 July 2002 on the Provision of Services by Electronic Means.
4. The Operator reserves the right to amend these Terms in accordance with the rules described in §18.

§2. Definitions

• Operator – MS Quality Maria Szruba, the entity operating the retiva.io Service.
• Venue / Seller / B2B Customer – a business (restaurant, hotel, spa, salon, sports club, clinic or other service provider) that has registered an Account in the Service for the purpose of selling Vouchers.
• Venue Account – the Venue’s individual account in the Panel, created upon registration and acceptance of these Terms.
• Panel – the online administration system in which the Venue configures its Voucher offer, monitors sales and manages its Voucher Page.
• Voucher Page – an individual, branded page on a retiva.io subdomain (or embedded on the Venue’s own website) through which the Buyer purchases a Voucher.
• Buyer / Customer – a natural person, legal person or organisational unit purchasing a Voucher through a Voucher Page.
• Voucher – a digital bearer voucher (i.e. redeemable by any person presenting the Voucher’s unique code, regardless of who purchased it), sold by the Venue through the Service as a voucher of a specified monetary value, a voucher for a specific service or experience, or a discount voucher – in accordance with the offer and conditions stated on the given Venue’s Voucher Page.
• Payment Provider – an external, licensed payment services provider (e.g. Stripe or another entity designated by the Operator) through which payments in the Service are processed.
• Commission Fee – the remuneration due to the Operator from the Venue for making the Service available, calculated as a percentage of the value of each sold Voucher, in accordance with §10.
• Business Day – a day from Monday to Friday, excluding public holidays in Poland.

§3. Nature of the Service and role of the Operator

1. Retiva.io provides Venues with a technology platform (the Panel and the Voucher Page) enabling the sale of Vouchers to Buyers online, including payment handling through the Payment Provider.
2. The Operator is not a party to the contract for the sale of the Voucher or to the contract for the service to which the Voucher relates. The Voucher sale contract is concluded directly between the Buyer and the Venue – the Operator acts solely as an intermediary in the technical and payment layer of the transaction.
3. The Venue bears sole and full responsibility for: the content of the offer published on its Voucher Page, the compliance of that offer with applicable law, the actual fulfilment of sold Vouchers, and the quality of the services provided on their basis.
4. The Operator is not liable for the Venue’s refusal to honour a Voucher or improper fulfilment of a Voucher, the Venue’s insolvency, closure of the Venue’s business, or disputes arising between the Buyer and the Venue in connection with the redemption of a Voucher.

§3a. Technical requirements for using the Service

1. Using the Service requires a device with Internet access and an up-to-date web browser supporting cookies and JavaScript (e.g. the current version of Chrome, Safari, Firefox or Edge).
2. Receiving a Voucher requires an active e-mail account and software capable of reading PDF files.
3. The Operator is not liable for irregularities in the use of the Service resulting from the Buyer’s or the Venue’s device failing to meet the above technical requirements.
4. Browsing a Voucher Page without creating an Account constitutes a free-of-charge service provided by electronic means within the meaning of the Act on the Provision of Services by Electronic Means. The contract for its provision is concluded upon entering the Voucher Page and terminates when the user leaves it.

§3b. Prohibition of unlawful content

1. The Venue and the Buyer are prohibited from providing any unlawful content within the Service, including content infringing third-party rights, misleading, discriminatory, offensive or contrary to good practice.
2. Upon receiving an official notification or credible information about the unlawful nature of content published on a Voucher Page, the Operator may immediately disable access to such content, informing the Venue thereof.
3. The Operator is not liable for content published by the Venue, provided that it had no knowledge of its unlawful nature and, upon obtaining such knowledge, promptly disabled access to it.

§4. Registration and Venue Account (B2B)

1. To use the Service, the Venue must register an Account, providing true and current identification data (company name, VAT ID, contact details, bank account details or Payment Provider account details) and accept these Terms.
2. The Venue Account is assigned to a specific business and may not be shared with third parties without the Operator’s written consent.
3. The Venue is obliged to keep its Panel access credentials confidential and to immediately notify the Operator (info@retiva.io) in case of suspected unauthorised access to the Account.
4. Account onboarding (configuration of the Voucher Page, branding, setting amounts and products) takes place with the Operator’s support, in accordance with the current onboarding offer published in the Service.
5. The Operator may refuse to create an Account or suspend an existing Account in case of a justified suspicion that the Venue’s activity is unlawful, violates good practice, or harms the interests of Buyers or the Operator.

§5. Licence to use the Panel and the Voucher Page

1. The Operator grants the Venue a non-exclusive, non-transferable licence to use the Panel and the Voucher Page, limited solely to the purpose of selling Vouchers within the Venue’s own business activity, for the duration of the Agreement.
2. The licence does not include the right to copy the source code, decompile, reverse-engineer, modify, or create derivative works of the Panel or the Voucher Page.
3. The Venue may not sublicense, resell, or provide access to the Panel to third parties not involved in the day-to-day operation of the Account.
4. Where the Voucher Page is embedded on or linked from the Venue’s own website, the Venue is responsible for the technical correctness of such embedding in accordance with the instructions provided by the Operator.

§6. Obligations of the Venue

The Venue undertakes in particular to:

• publish on its Voucher Page only true, accurate and lawful information about the offered Vouchers, their price, scope and redemption conditions;
• fulfil sold Vouchers in a timely manner and in accordance with the conditions stated on the Voucher Page;
• issue sales documents (receipts, invoices) to Buyers in accordance with applicable tax law;
• promptly inform the Operator of significant changes affecting its ability to fulfil sold Vouchers (e.g. closure of the venue, change of offer, declaration of bankruptcy or liquidation);
• comply with applicable law, including competition and consumer protection law and personal data protection law, with respect to its own activity conducted using the Service.

§7. Purchase of a Voucher by the Buyer (B2C)

1. Vouchers are sold by Venues through the Service – the Operator is not the seller of Vouchers.
2. The Buyer selects the Voucher Page of a given Venue, chooses the type and amount of the Voucher, and completes the payment online through the Payment Provider.
3. Upon successful processing of the payment, the Buyer receives the Voucher in electronic form (e-mail message) together with a unique code enabling its redemption.
4. The Voucher’s validity period is stated on the given Venue’s Voucher Page and is at least 12 months from the date of purchase, in accordance with applicable Polish law, unless the Venue specifies a longer period.
5. The Voucher is not exchangeable for cash.
6. A Buyer who is a consumer within the meaning of the Polish Civil Code is entitled to the rights arising from generally applicable consumer protection law.

§8. Right of withdrawal (consumers)

1. In accordance with Article 38 of the Polish Act of 30 May 2014 on Consumer Rights and Directive 2011/83/EU, the right of withdrawal from a distance contract does not apply to Vouchers where the service (delivery of the Voucher) has been fully performed with the consumer’s express prior consent, and the consumer was informed that they would lose the right of withdrawal upon performance.
2. By completing the purchase, the Buyer gives express consent to the immediate electronic delivery of the Voucher and acknowledges that upon its delivery the right of withdrawal expires.
3. If the Voucher has not yet been delivered or has not been used, the Buyer may request its cancellation directly from the Venue within 14 days of the date of purchase, on the terms set by the given Venue.

§9. Payments and settlements

1. Payments for Vouchers are processed by the Payment Provider. The Operator does not store or process Buyers’ payment card data.
2. The proceeds from a Voucher sale are transferred directly to the Venue’s settlement account held with the Payment Provider, less the applicable Commission Fee, in accordance with the Payment Provider’s settlement rules.
3. The Venue is the sole and final seller of all Vouchers and bears full responsibility for the fulfilment of obligations towards Buyers. The Operator acts solely as a provider of technical infrastructure and an intermediary in arranging payments.
4. The Venue bears sole responsibility for properly documenting sales (receipts/invoices) towards Buyers, in accordance with applicable tax law.
5. Where a refund to the Buyer is required, the refund is made by the Venue via the Panel or the Payment Provider. The Venue has no claim against the Operator for reimbursement of the Commission Fee already paid on the refunded transaction, except where the refund resulted from the Operator’s fault.

§10. Fees and Commission

1. Using the Service involves no fixed fees, monthly fees, or onboarding fees – the Operator charges only a Commission Fee on Vouchers actually sold.
2. The standard Commission Fee is 6% of the gross value of each Voucher sold online.
3. Under the early access programme, for the first 50 Venues that conclude an Agreement with the Operator, the Commission Fee is 3% gross and remains at this level for the period specified in the early access programme terms published in the Service or communicated to the Venue individually during onboarding.
4. Fees charged by the Payment Provider for handling card transactions are separate from the Operator’s Commission Fee and are charged directly by the Payment Provider in accordance with its price list.
5. Vouchers created and redeemed manually by the Venue outside the Service (e.g. issued directly at the venue, without an online sale) are not subject to the Commission Fee.
6. The Operator will notify the Venue of any change in the Commission Fee at least 30 days in advance by electronic means. If the Venue does not accept the new rate, it may terminate the Agreement within this period on the terms described in §17, without incurring additional costs.

§11. Service availability and technical support

1. The Operator exercises due care to ensure that the Service operates continuously and without disruption, but does not guarantee uninterrupted availability of the Service, in particular in the event of maintenance work, updates, failures on the part of external providers (including the Payment Provider), or circumstances beyond the Operator’s control.
2. The Operator informs Venues of planned technical interruptions that may materially affect the availability of the Service with reasonable advance notice, where possible.
3. The Venue reports technical problems and failures to info@retiva.io. The Operator endeavours to confirm receipt of a report within 1 Business Day and to take remedial action appropriate to the severity of the reported problem.
4. This section does not constitute a formal service level agreement (SLA); detailed technical support terms may be regulated separately as the Service develops.

§12. Intellectual property

1. The Service, including the Panel, the Voucher Page, their code, graphic design, logos, the name “Retiva” and all accompanying materials, are the property of the Operator or its licensors and are protected under copyright law and industrial property law.
2. Apart from the licence described in §5, nothing in these Terms grants the Venue or the Buyer any intellectual property rights to the Service.
3. Materials (logo, photos, content) provided by the Venue for the purpose of configuring its Voucher Page remain the property of the Venue. The Venue grants the Operator a non-exclusive licence to use them solely to the extent necessary to provide the Services.

§13. Confidentiality

1. The Parties undertake to keep confidential the commercial, technical and organisational information of the other Party that is not publicly available and has been disclosed in connection with the performance of these Terms.
2. The confidentiality obligation does not apply to information whose disclosure is required by applicable law, a decision of a competent authority, or a final court ruling.

§14. Personal data protection

1. The controllers of Buyers’ personal data processed in connection with the purchase of a Voucher are – depending on the scope of processing – the Operator and the Venue, in accordance with the rules described in the Privacy Policy available at retiva.io/privacy-policy.
2. To the extent that the Operator processes Buyers’ personal data on behalf of and for the benefit of the Venue (e.g. for payment handling and Voucher delivery), the parties may conclude a separate data processing agreement compliant with Article 28 GDPR.
3. Detailed rules for the processing of personal data, including purposes, legal bases, retention periods, and the rights of data subjects, are set out in the Service’s Privacy Policy.

§15. Liability

1. The Operator is liable only for actual damage that is a direct consequence of the Operator’s proven culpable act or omission related to the functioning of the Panel or the Voucher Page.
2. The Operator is not liable for lost profits or indirect or consequential damage, including loss of reputation or loss of customers by the Venue.
3. The Operator’s total liability towards a given Venue under these Terms, regardless of the legal basis of the claim, is limited to the sum of the Commission Fees paid by that Venue to the Operator in the 3 months preceding the event giving rise to the damage.
4. The limitations of liability referred to in this section do not apply in the case of damage caused intentionally, or to the extent that their application would be contrary to mandatory provisions of law, including consumer protection provisions.

§16. Complaints

1. Complaints regarding the functioning of the Service, the payment process, or the delivery of a Voucher should be sent by the Buyer to: info@retiva.io.
2. Complaints regarding the quality of the service covered by a Voucher or the manner of its fulfilment should be addressed by the Buyer directly to the relevant Venue.
3. Complaints related to the functioning of the Panel or settlements should be sent by the Venue to: info@retiva.io.
4. The Operator considers complaints within 14 calendar days of their receipt and informs the complainant of the outcome.

§17. Term and termination of the agreement

1. The Agreement between the Operator and the Venue is concluded for an indefinite period, upon acceptance of these Terms and creation of an Account.
2. The Venue may terminate the Agreement at any time, without giving a reason, by notifying the Operator at info@retiva.io, subject to a 14-day notice period.
3. The Operator may terminate the Agreement with the Venue subject to a 14-day notice period or – in the event of a material breach of these Terms or applicable law by the Venue – with immediate effect, after first calling on the Venue to cease the breach, if the breach is not remedied within a reasonable time.
4. Termination of the Agreement does not affect the validity of, or the obligation to honour, Vouchers sold before the date of termination – the Venue remains obliged to fulfil them in accordance with the conditions under which they were sold.
5. At the Venue’s request submitted within 30 days of termination of the Agreement, the Operator will make the Venue’s data collected in the Panel (including sales history) available to the Venue in a machine-readable format, free of additional charge.

§18. Amendments to the Terms

1. The Operator may amend these Terms for important reasons, including changes in the law, development of the Service’s functionality, changes to the settlement model, or changes in the terms of cooperation with the Payment Provider.
2. The Operator gives at least 30 days’ notice of amendments that are unfavourable to the Venue, by electronic means. The Venue’s failure to object within this period is deemed acceptance of the amendments; an objection is equivalent to termination of the Agreement effective at the end of the notice period.
3. Amendments that do not adversely affect the Venue’s situation (e.g. editorial or clarifying changes) may be introduced without observing the above notice period.
4. The current version of the Terms is always available at retiva.io/terms-and-conditions.

§19. Final provisions

1. These Terms are governed by Polish law.
2. Disputes between the Operator and Venues (B2B Customers) shall be resolved by the common court competent for the Operator’s registered office.
3. For Buyers who are consumers, the mandatory consumer protection provisions of their country of residence additionally apply. EU consumers may use the online dispute resolution (ODR) platform available at: https://ec.europa.eu/consumers/odr/.
4. The Venue may not transfer its rights or obligations under the Agreement to third parties without the Operator’s prior written consent. The Operator may transfer its rights and obligations to an affiliated entity or legal successor, informing the Venue thereof.
5. Should any provision of these Terms prove invalid or ineffective, the remaining provisions remain in full force, and the Parties undertake to replace the invalid provision with a provision as close as possible to its original purpose.
6. These Terms are available in Polish and – as an auxiliary version – in English. In the event of discrepancies, the Polish version prevails.
7. These Terms constitute the entire agreement between the Operator and the Venue with respect to the matters regulated herein and supersede all prior arrangements concerning the same subject matter.

Contact

Retiva.io

ul. Wojewódzka 10, 3rd floor, 40-026 Katowice, Poland

E-mail: info@retiva.io