1. Who are we?

Banank PL sp. z o.o. (‘Banank’, ‘we’, us’, ‘our’), a private limited liability company (Spółka z ograniczoną odpowiedzialnością), with its registered office in Warsaw, address: ul. Prusa 2, 00-493 Warsaw, Poland. Banank is entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register, under KRS number: 0000972989, NIP: 7011089183.

We operate under a brand name “Banank”, which is protected and registered in the European Union Intellectual Property Office (“EUIPO”).

Banank is a small payment institution (Mała instytucja płatnicza, ‘MIP’), registered in Poland and entered in the register of small payment institutions kept by the Polish Financial Supervision Authority (Komisja Nadzoru Finansowego, ‘KNF’) under number: MIP150/2022. We are subject to the supervision of KNF with respect to the payment services we provide.


2. What are these T&C?

These Terms and Conditions (‘T&C’) are a binding legal agreement between you (‘Client’) and Banank, which mutually complements the agreement concluded between the parties for the provision of e-money and payment services (‘Agreement’).

The Agreement sets out the general terms and conditions for the provision of Services by the Service Provider to the Client within the meaning of the Polish Payment Services Act (Ustawa o usługach płatniczych) (‘PSA’), the Act on Counteracting Money Laundering and Terrorism Financing (Ustawa z dnia 1 marca 2018 r. o przeciwdziałaniu praniu pieniędzy oraz finansowaniu terroryzmu), and, where applicable, the Civil Code (Kodeks cywilny) and the Consumer Rights Act (Ustawa o prawach konsumenta).

These T&C govern your use of our Services, Account, and Mobile App, as well as the respective obligations and rights of you and Banank.

By clicking on the “I Agree” button, you enter into a legally binding agreement with Banank that allows you to use an Account, the Mobile App, and our Services.

These T&C also incorporate and use the definitions provided in the Agreement, unless otherwise specified herein.


3. What is an Account and a Payment Account?

An Account is a user account with integrated Payment Accounts held by you (“Client”), through which you access and use the Services offered and provided by Banank.

A Payment Account is an individual account in PLN (Polish złoty), EUR (euro), or another currency chosen by you, assigned a unique IBAN number and maintained by Banank on the basis of the Agreement.

Banank is registered as a Small Payment Institution (Mała instytucja płatnicza) under the Polish Payment Services Act (Ustawa z dnia 19 sierpnia 2011 r. o usługach płatniczych). This means that Payment Accounts are subject to certain regulatory limits, including maximum balance and transaction thresholds, as set by law.

Banank is not a bank. We do not pay interest on funds held in Payment Accounts, and your funds are not covered by the Polish Bank Guarantee Fund (Bankowy Fundusz Gwarancyjny) or any other compensation scheme.

However, in accordance with the Polish Payment Services Act and the Act on Counteracting Money Laundering and Terrorism Financing (Ustawa z dnia 1 marca 2018 r. o przeciwdziałaniu praniu pieniędzy oraz finansowaniu terroryzmu – hereinafter “Polish AML Act”), we safeguard your funds by holding them in a segregated account with a licensed credit institution. This ensures your funds are kept separate from Banank’s own accounts and are protected from use for our operational purposes.


4. What are our Services?

• We provide you with the services and activities referred to in Article 3 of the Polish Payment Services Act (Ustawa z dnia 19 sierpnia 2011 r. o usługach płatniczych) (hereinafter the “Services”), including: Services that allow cash withdrawals from a Payment Account and all operations necessary for the management of a Payment Account.
• Issuance of a payment instrument (e.g., a “Payment Card”).
• Execution of payment transactions, including the transfer of funds, through a Payment Account at Banank or another payment service provider, including:
• execution of direct debits, including one-off direct debits;
• execution of payment transactions using a Payment Card;
• execution of transfers, including standing orders.

A detailed description of the payment services provided by Banank is set out in the Agreement.


5. What is the Banank Mobile App?

Once you open a Banank Account, you will be able to use the Banank mobile application (“Mobile App”) to access our Services. Through the Mobile App, you can:

• Access information about your Account and Payment Account, including the account number, currency, transaction history, available funds, and statements of operations;
• Send and receive money between Banank Accounts and non-Banank accounts, as well as execute payment orders;
• Apply for a new Payment Account and manage your existing Payment Account, including modifying transaction limits, performing top-ups, and managing other account features;
• Order a Payment Card linked to your Payment Account;
• Exchange currencies within the scope of your Payment Account;
• Contact our Customer Service for assistance with your Payment Account or other related inquiries;
• Access additional features of the Mobile App as they become available.

6. How to contact our Customer Service?

Customer Service is the central point through which Banank manages all interactions with Clients via various communication channels.

If you are an existing Client, you can contact Customer Service directly through the Banank Mobile App.

If you do not have access to the Mobile App, you can reach us by:

• Phone: +48(22)1531061
• Email: support@banank.eu
• By Post: Banank PL Sp. z o.o., Ul. Prusa 2, 00-493 Warsaw, Poland

We will respond to your inquiries in accordance with our service standards and applicable law.


7. What are the technical requirements for the Banank Mobile App?

In order to use the Mobile App, the Client shall meet at least the following technical requirements:

• have access to the internet;
• have an iOS/Android phone capable of installing the Mobile App and receiving SMS messages or phone calls;
• have an e-mail address;
• have a mobile device that has access to websites via a correctly configured Web browser.

In compliance with the Polish Act on the Provision of Electronic Services (Ustawa z dnia 18 lipca 2002 r. o świadczeniu usług drogą elektroniczną), Banank informs that the use of electronic communication means (including the Internet) may carry certain risks. These include, but are not limited to, exposure to malicious software (e.g., spyware, viruses), phishing attempts, or receipt of unsolicited commercial messages (spam).

We hereby inform you that there are no safeguards for IT systems that are completely resistant to unlawful interference by third parties. Despite the due protection by Banank of the data provided by our Clients, the use of the Mobile App entails the risk of third parties gaining unauthorised access to this data. As a consequence, unauthorised use of these data by these persons may occur - including for the purpose of sending unsolicited commercial information or installing malicious software on devices or used for unauthorised invasion of privacy.

The Client should take care of the security of their devices, which are used to access the Mobile App. The devices should have an anti-virus programme with an up-to-date virus definition database, a secure version of the Internet browser and a firewall turned on. It is advisable to run tools in the Web browser to check whether a displayed Web page is intended to defraud, e.g. by impersonating a person or institution. When using your home wireless network (WIFI), set a secure and difficult to crack password to access the network.

1. Who can open a Banank Account?

A Banank Account may be opened only by a natural person who:

• meets all membership and eligibility requirements set out in these T&C and Agreement,
• qualifies as a consumer (“Consumer”) within the meaning of Article 221 of the Polish Civil Code (Kodeks cywilny) and the Consumer Rights Act (Ustawa o prawach konsumenta),
• is at least eighteen (18) years of age,
• has full legal capacity, and
• has accepted the Agreement and these T&Cs.

The Client who is a Consumer must declare that, by opening a Banank Account, they act as a Consumer and conclude the Agreement for purposes not related to their commercial or professional activity.

A Banank Account may be opened only by a Business Entity which:

• meets all membership and eligibility requirements set out in these T&C,
• qualifies as an entrepreneur within the meaning of Article 431 of the Polish Civil Code (Kodeks Cywilny),
• has indicated the following data: company/name, form of business activity, tax identification number/National Court Register number, persons authorised to represent the company (in the case of a Business Entity that is a legal person), beneficial owner, e-mail address and all the other information indicated in point 3 below;

2. How can you open an Account?

Clients who meet the criteria indicated above can complete the application (“Application”) available after downloading the Mobile App. Opening an Account is conditional upon the Client submitting a correct and complete Application, and a positive verification of the Client’s identity.

Verification of identity is carried out remotely through a distance verification process, which involves verifying the person’s identity and/or credentials through digital means, including, but not limited to:

• Validation of identity documents submitted electronically;
• Real-time video verification sessions;
• Biometric or facial recognition checks;
• Cross-referencing data with authorised databases.

3. What information do you need to provide us with?

Natural persons are required to provide the following information:

• first and last name(s);
• date of birth;
• nationality;
• telephone number;
• e-mail address;
• residential address;
• PESEL number (Powszechny Elektroniczny System Ewidencji Ludności);
• a declaration confirming the accuracy and truthfulness of the data provided;
• a declaration regarding a politically exposed person (PEP) status.

Business Entities are required to provide the following information:

• first and last name(s) of authorised representative (-s) and beneficial owner (-s) - in the case of a Business Entity which is a legal entity;
• date of birth of the entrepreneur (in the case of sole proprietorship) or date of birth of authorised representatives and beneficial owner (-s) – in the case of a Business Entity which is a legal entity;
• nationality and residence of the entrepreneur (in the case of sole proprietorship) or nationality and residence of authorised representative (-s) and beneficial owner (-s) – in the case of a Business Entity which is a legal entity;
• telephone number (-s);
• e-mail address (-es);
• registered address;
• place of effective management;
• place of business;
• a declaration confirming the accuracy and truthfulness of the data provided;
• a declaration regarding a politically exposed person (PEP) status.

As a regulated Small Payment Institution, we are legally required to identify our Clients, comply with various regulations (including sanctions list screening), and assess whether onboarding is permitted under our internal risk policies. Therefore, we may request additional information or documents not listed in the Application if needed to fulfil these obligations.

You must ensure that all information and documents you provide are true, accurate, and up to date. Failure to do so may result in us declining to provide you with our Services or, if you already have an Account, closing your Account and terminating our contractual relationship.


4. When we refuse to open a Banank Account

Banank has no obligation to open an Account for you and is not required to provide a reason for refusing to do so, unless such disclosure is required by applicable law.

We will decide whether an Account can be opened for you only after you have completed and submitted the Application and provided any additional documents or information we may request.

In certain cases, we may open an Account conditionally, applying specific restrictions that will be communicated to you at the time of Account opening. You will then have the option to decide whether to use the Account under the imposed restrictions.

1. Orders and Actions

Orders refer to currency exchange transactions and any instructions related to payment transactions. Actions encompass all other operations (excluding orders) that you can perform via our Mobile App or request through our support team. For instance, an instruction to transfer funds qualifies as an order, whereas updating your address is considered an action, regardless of whether you complete it yourself or request assistance. Please note that orders are typically irrevocable, whereas actions are generally revocable. In case of Client action to place an order for currency conversion, Banank reserves the right to change the conversion rate at any time without additional agreement with the Client.

Some actions may be conducted only via our Customer Service, as explained in these T&C. Orders are usually placed only via the Mobile App. In certain exceptional situations (e.g. service downtime), we may allow you to use all available means of communication to submit an order. We will notify you as soon as possible when such exceptional situations arise.

You bear a certain risk when you place your orders and take actions not via our Mobile App (e.g. via calling our Customer Service directly), and must ensure that you can prove the existence and content of all communications relating to submitting orders and taking actions not via our Mobile App.
We use the term 'instructions' to refer to both your orders and actions. You agree to indemnify us against any liability related to the execution, non-execution, or improper execution of instructions you provide via email, voice calls, letters, or any communication methods unrelated to our Mobile App.

You are required to provide all information we may request (e.g., proof of your identity and authority to give an instruction). At all times, your instructions must be clear, complete, accurate, precise, and reliable to prevent errors, as you authorise us to rely on them. We will not be held liable for any delays in executing your instructions when additional information is needed and we are in the process of validating it.

Banank will not process orders related to transactions or products that are not part of its usual business operations. Additionally, we will not act on your instructions if you fail to meet your obligations towards us (e.g., insufficient funds to cover required fees or failure to provide necessary information). For your protection, we will decline to execute instructions if we have any doubts regarding the identity of the person giving the instructions or the beneficiary of a transaction. Furthermore, we reserve the right to terminate or cancel any order, including currency exchanges, if the completion of the transaction becomes uncertain or impossible.

We maintain electronic records of your instructions, and by accepting these T&C, you acknowledge that these records serve as prima facie evidence in the event of a dispute regarding the validity of the instructions provided to us.


2. Account information

You can access various information related to your Account, including balances in different currencies and transaction details.

If you have any doubts about the accuracy of this information, you should contact Banank Customer Service immediately so that we can perform technical checks and clarify whether your Account statements contain any errors or omissions in calculations or entries.


3. Account limits

Your Account may be subject to limits on maximum balance, transaction amounts, and/or monthly transaction volume. These limits may vary for each Account holder.

You can check the Mobile App to see the limits applicable to your Account. We will notify you within a reasonable time if we plan to increase or decrease your limits and will provide explanations where possible.

You may contact our Customer Service to request an increase in your limits; however, this does not guarantee approval.

As Banank is a Small Payment Institution (mała instytucja płatnicza), your Account is subject to regulatory limits under the Polish Payment Services Act, including:

• a maximum balance of the equivalent of EUR 2,000 per individual Account, and
• a maximum average monthly transaction volume of the equivalent of EUR 1.5 million across all Accounts held by a Client.

4. Usage Rules and Security

Your funds can only be secure if you follow specific guidelines and take necessary precautions. You are responsible for keeping your login details, including your username and all passwords, secure to access the Mobile App and provide us with instructions.

You must at least:

• Use unique login details and passwords that are not reused across other online accounts;
• Notify us immediately if you lose a device used for storing passwords or for authentication purposes (e.g., your phone);
• Contact us right away if you suspect your Account has been compromised, your security credentials have been stolen, lost, used without your authorisation, or otherwise breached. If you are confident it is safe, change your password. Delaying notification or corrective actions could compromise your Account security and may result in you being held responsible for any financial losses;
• Regularly update your passwords;
• Not share your details with anyone, except when using authorised third-party service providers to give us instructions or access your Account information;
• Never allow anyone to know the password to your device or software used for storing passwords;
• Not allow anyone to use the device that stores your passwords or the email used to log into the Mobile App;
• Never allow anyone to log in using your credentials into our Mobile App or observe you logging in.

1. Communication via our Mobile App

We will usually communicate with you through our Mobile App. After logging in, you will find the Messages tab, where you will receive both automated and personalised messages. It is important to always use the latest version of the Mobile App. Additionally, you should ensure that you have access to the Mobile App, as the security of your Account may rely on it. If you are unable to regain access without our assistance, you must notify us immediately.

A message sent through the Mobile App will be considered received on the same day, unless we receive a delivery failure report or another notification indicating the message was not delivered. If the message is sent on a non-business day, it will be deemed received on the following business day.


2. Communication via other means

We may use the following means of communication in addition to our Mobile App: 

• Email: We will primarily use email to inform you when you have received a message through our Mobile App. Additionally, we may send you an email when we are required to provide you with information on a durable medium. An email will be considered received on the same day, unless we receive a delivery failure report or another notification indicating a failure to deliver. If the email is sent on a non-business day, it will be deemed delivered on the next business day.
• SMS and Audio Calls: We may attempt to contact you via SMS or audio calls if we believe it is necessary to protect your Account. If you are unable to access our Mobile App or in case of an emergency, you should call us. An SMS will be considered received on the same day, unless we receive a delivery failure report or another notification indicating a failure to deliver. 
• Letter: We will send you letters only upon request. A letter will be considered received on the date confirmed by the postal or courier service as delivered, or, if delivery confirmation is not available, on the date reasonably expected for standard delivery to the recipient’s address, generally within two (2) business days for addresses in the Republic of Poland, unless proven otherwise.

By using communication channels other than our Mobile App, you accept the risks associated with transmitting information over the Internet and through third parties that are beyond our control. Please be aware that channels we do not control are not inherently confidential or secure.


3. Language

Unless we have an agreement with you, whether tacit or explicit, to use another language, English and Polish are the only languages for all our communications with you.


4. Accessibility

In accordance with the Act of 26 April 2024 on ensuring compliance with accessibility requirements for certain products and services by economic operators (Ustawa z dnia 26 kwietnia 2024 r. o zapewnianiu spełniania wymagań dostępności niektórych produktów i usług przez podmioty gospodarcze), we will provide information in formats and communication channels accessible to persons with special needs, upon request. Clients being Consumers may contact Customer Service to request accessible formats (such as large print, plain language, or electronic formats compatible with assistive technologies).

1. Provision of information and documents

To comply with applicable laws and regulations, including the Polish AML Act, we are required to monitor our Clients. If you wish to use our Services, you must provide accurate information and documents whenever there are changes to the details you provided during the Account opening process. These changes may include, but are not limited to, modifications to your name, civil status, nationality, or address.

This obligation applies even if the information is publicly available. You must notify us promptly and provide the corresponding documents as soon as possible. Additionally, you must supply any information or documents we request to meet our regulatory obligations and internal policies. All information and documents you provide must be truthful, accurate, and up to date.


2. Tariffs

You are required to pay Banank fees, commissions, duties, charges, and other amounts for the Services we provide (‘Tariffs’).

You can view the Tariffs applicable to your Account through the Mobile App. We may update the Tariffs by notifying you within a reasonable timeframe, typically with at least two (2) months' notice. If you continue to use our Services after the Tariff change takes effect, this will be considered acceptance of the updated Tariffs.

You must pay all Tariffs that may be due, including:

• transaction fees, monthly maintenance fees, and other fees shown in the Mobile App;
• fees relating to opening and closing your Account;
• inactivity fees;
• foreign currency exchange markups;
• fees charged when we close your Account but you do not withdraw funds within a reasonable period;
• deficit amounts. We do not allow Clients to overdraw their Accounts, but deficits may arise due to technical or other errors.

You grant us the right to set-off and authorise us to use all legally available methods to collect any amounts you owe us, including cases where you were charged less than the correct amount under the applicable fee schedule, provided we identify the discrepancy within twenty-four (24) months from the date the error occurred.

The Tariffs applicable to your Account constitute Appendix No. 2 to the Agreement and form an integral part of the framework agreement. The current version of the Tariffs is always provided to the Client on a durable medium (including through the Mobile App and in downloadable form) and is binding unless amended in accordance with §11 (Amendments).


3. Compliance with legal obligations

You must ensure that all your interactions with us comply with applicable legal, regulatory, and other obligations, including your tax obligations regarding funds held with us. You are solely responsible for any consequences, including financial or criminal sanctions, arising from non-compliance. We will not be held liable in this regard. If you are unsure about your specific obligations, you should seek advice from relevant legal or professional advisors.

You are obliged to use the Mobile App and the services offered therein in a manner consistent with applicable laws, rules of social conduct as well as good manners. Therefore, you are prohibited from:

• providing illegal content, including in particular, but not limited to, content that violates the personal rights of third parties, content that incites racial, ethnic or religious hatred, content that violates generally accepted social norms.
• taking any action that would cause any disruption or overload of Banank’s ICT systems or other entities that are directly or indirectly involved in the provision of electronic services, including, in particular, but not limited to, circumventing security measures, installing malicious software, posting content in places not intended for this purpose.

1. Registration of incoming transfers

Banank usually registers funds received into your Account by the end of the business day on which they are received. If we receive your funds on a non-business day, they will be processed by the end of the next business day.

By “receive,” we mean that the funds have been successfully credited to one of Banank’s accounts with the relevant payment service provider. Your Account will be credited only once the funds have been received by us unconditionally and in full.

We may deduct any applicable charges for processing the payment, as specified in your current fee schedule.


2. When we refuse to accept funds

We may refuse to accept an incoming transfer to your Account if required by applicable law or regulation, including the Polish AML Act, or if:

• you fail to provide sufficient documentation to support the transfer (as determined at our sole discretion),
• there is a risk that processing the transfer could negatively affect Banank (financially or otherwise), or
• it is prohibited under our risk policies.

For example, we will refuse to accept funds if they originate from a sanctioned jurisdiction or sanctioned entity.


3. Mandatory currency conversion

You can check the list of supported currencies in our Mobile App. If an incoming payment is made to your Account in a currency we do not support, we will notify you and provide two options:

• convert the payment into your Account’s designated primary currency at the applicable exchange rate at the time of conversion, which will be disclosed before processing; or
• reject the payment and return it to the sender.

We will not proceed with the currency conversion without your prior consent. Any applicable fees and exchange rate information will be clearly provided before you decide.


4. Dealing with mistakes

If your Account is credited with more funds than intended due to an error, we may correct the mistake by making an accounting adjustment. This may be done at any time from the moment the error is identified, without prior notice. This applies even if you previously viewed or relied on the incorrect balance.

If, after such an adjustment, your Account does not have sufficient funds to cover the error, a deficit will be created, and you must repay the amount — as you have effectively withdrawn more than was held in your Account. We will inform you of this deficit within a reasonable time. You cannot object or request a refund or restitution on the basis that the error was made or that you acted in good faith believing you were entitled to the funds.

1. Registration of incoming transfers

It is not possible to make payment orders without completing the required information forms in our Mobile App. However, as explained in Section 3 Clause 1, we may allow submitting orders by other means in exceptional circumstances.

In all cases, you must provide at least the following information:

• the amount and currency of the transaction,
• the credentials of the beneficiary,
• the number of the payment account held by the beneficiary with their payment services provider, including, where applicable, the beneficiary’s International Bank Account Number (IBAN) or other identifier, e.g. beneficiary card number if you make an Original Credit Transaction (Card-to-Card transfer),
• information regarding the beneficiary’s payment services provider, including the Bank Identifier Code (BIC),
• the reason for the transfer and reference to the underlying documents under which it is being carried out.

We may request any additional information or documents necessary to comply with applicable regulations and our internal risk policies. For example, we may ask for further details regarding the beneficiary’s identity or request the relevant contract.

You must provide true, accurate, and up-to-date information. Failure to do so will result in our inability to execute your payment order.


2. When do we refuse to make outgoing transfers?

We may refuse to process your payment instructions if:

• required to do so under applicable laws or regulations, including the Polish AML Act,
• required by third parties (e.g., other payment service providers we work with),
• you fail to provide adequate documentation to support the transfer (as determined at our sole discretion),
• there is a risk of fraud or potential fraud,
• the transfer could negatively impact us (financially or otherwise), or
• the transfer conflicts with our internal risk policies.

Additionally, you cannot initiate an outgoing transfer if you have insufficient funds to cover the transfer amount, including any applicable fees.


3. Currency conversion

If you initiate a transfer in a currency not supported by the beneficiary’s payment account, the beneficiary’s receiving institution may apply a currency conversion based on its own exchange rate and terms.

If we support automatic currency exchange for that transaction, you may provide us with a currency exchange instruction before executing the transfer. If we process the currency conversion and the transaction fails, we will refund your funds in the original currency.

We will disclose the applicable exchange rate and any associated fees before processing the conversion. However, exchange rate fluctuations may result in the refunded amount being higher or lower than the original transaction value. We are not responsible for any losses resulting from currency exchange rate changes or from conversions performed by the beneficiary’s institution.


4. Taxes, duties, restrictions and other measures applied by authorities

Funds debited from your Account may be subject to taxes, duties, restrictions, or other measures imposed by the authorities of the country of the beneficiary’s payment services provider. We are not responsible for, and make no commitments regarding, such measures or any other actions beyond our control.

If you are legally required to withhold any tax (such as a withholding tax) from a payment, the payment amount must be increased so that, after the withholding, the amount received equals the amount that would have been due if no such withholding had been applied.


5. Dealing with mistakes

If your Account is debited with less than the correct amount due to an error, we may correct the mistake by making an accounting adjustment. This may be done at any time, without prior notice, from the moment the error is identified.

This applies even if you previously viewed or relied on the incorrect balance. If, after such a correction, your Account does not have sufficient funds to cover the adjustment, a deficit will arise, and you must repay the difference — as you have effectively withdrawn more than your account balance. We will inform you of this deficit within a reasonable time. You cannot object or request a refund or restitution on the basis that the error was made or that you acted in good faith believing you were entitled to the funds.

1. Collection and verification of information

We may collect and verify information and documents related to you, whether provided directly by you or obtained from third-party service providers (e.g., sanctions screening providers, credit reference agencies, or public registers). This may include actions required to comply with applicable laws and regulations, such as the Polish AML Act and the Polish Payment Services Act.


2. Usage of third-party service providers

We may engage third-party service providers to assist us in collecting, verifying, and processing information and documents about you, in accordance with applicable laws and our Privacy Policy.


3. Change our Mobile App features and Services we offer

We may modify the configurations, product specifications, upgrades, layouts, options, and other features of our Mobile App at any time without prior notice. Additionally, we reserve the right to change, limit, or restrict any aspect of our Services at any time. In exceptional cases, we may suspend or discontinue certain Services without prior notification, if required by law, regulation, or for security and risk management purposes.


4. Compliance with orders of various authorities and third-parties

You acknowledge that the authorities of the Republic of Poland and foreign authorities, including courts, law enforcement agencies, and regulatory bodies, may intervene in our provision of Services to you. This may include measures such as information bans, freezing orders, seizures, or sequestrations, both in foreign countries and within the Republic of Poland.

You accept that any consequences resulting from such legally binding measures will be effective in relation to you, your funds, and your Account. We may be required to freeze or debit funds from your Account if so ordered by competent authorities or required by applicable law.

We also reserve the right to freeze your funds or take other protective actions if we become aware of actual or suspected unlawful activities, or if a third party asserts rights to the funds in your Account.

Furthermore, we may take any action we consider necessary to comply with regulatory or judicial measures, to fulfil our legal obligations, and to protect our legitimate interests and reputation before processing any debits or credits to your Account

1. Suspension and restrictions

We reserve the right to temporarily suspend, discontinue, limit, or restrict any aspect of our Services without prior notice, if required by law or regulation (including the Polish AML Act), for security reasons, to protect against fraud, to comply with court or authority orders, or to mitigate other material risks.

This may include preventing you from making outgoing payments and declining incoming payments. Additionally, we may impose specific restrictions on your Account (e.g., prohibiting SWIFT payments).

Where permitted by law, we will inform you of the suspension or restriction, the reasons for it, and the procedure for remedying the situation before the measure takes effect, or immediately afterwards if prior notice is not possible.


2. Closing your Account

We have the right to permanently close your Account without prior notice if this is required by law, authority order, or necessary for security and risk management purposes. In other cases, we will provide at least two (2) months’ prior notice in accordance with the Polish Payment Services Act.

Once closed, all incoming payments to your Account will be permanently declined. If permitted by applicable law and relevant authorities, we will allow you to transfer any remaining funds from your Account to a payment account in your name with a financial institution located in the Republic of Poland, the European Economic Area, or your country of residence, or withdraw them from an ATM.


3. Termination of the Agreement by us

If we decide to close your Account at our discretion (other than in the urgent cases mentioned above), we will notify you at least two (2) months in advance that the Agreement will be terminated.

During this notice period, your Account will remain operational but may be subject to restrictions, and you will still have access to our Mobile App to retrieve any necessary data.

If there are remaining funds after the two (2) month period, we will charge you a holding fee until you provide us with instructions to transfer the funds to a payment account in your name with a financial institution located in the Republic of Poland.

Sections 5, 8, and 10 of these T&C, as well as all liability and indemnification provisions, will remain in effect even after termination.


4. Reasons for the suspension, restriction, or closure of your Account, and termination of the Agreement

We will not suspend, restrict, or close your Account without a valid reason. Such measures may be taken in the following cases, among others:

• You provide us with information or documents that we reasonably believe are false, inaccurate, misleading, or incomplete.
• You fail to promptly provide requested information or documents, or you do not respond to our inquiries.
• You breach or attempt to breach the Agreement.
• You cause us harm or create a potential threat that could lead to damage to us, our systems, our reputation, or other Clients.
• We have a suspicion, which you cannot dispel, that you are involved in illegal activities.
• We uncover circumstances indicating that providing services to you is prohibited under our internal risk policies, such as discovering that you or a person affiliated with you is subject to sanctions.
• We identify circumstances suggesting that providing services to you would breach our legal or regulatory obligations, including under the Polish AML Act or the Polish Payment Services Act.
• We are required to act by our partners, such as clearing systems, card schemes, or other financial institutions.
• A competent regulatory authority, law enforcement agency, tax authority, court, or bailiff issues a lawful order to freeze your funds or to cease or suspend part or all of the services we provide to you.
• We discover that we are legally prohibited from offering services to you based on applicable laws or direct orders from a regulator or government entity.
• Your Account has no funds and you have not made any transactions for more than 24 consecutive months, except for transactions related to the collection of fees or the accrual of interest on funds deposited in the account.
• We reserve the right to suspend access to your Account if it has a negative balance until the debt is fully paid.
• We have legitimate concerns about the security of your Account or suspect unauthorised or fraudulent use. In such cases, we may suspend your Account until we confirm it is secure.
• We decide to stop providing services to all or most Clients due to unforeseen events or significant changes in our business, such as a reorganisation, merger, or discontinuation of operations.

Where permitted by law, we will inform you of the reason for suspension, restriction, or closure and provide instructions on how to resolve the issue before the measure takes effect, or immediately afterwards if prior notice is not possible.


5. Termination of the Agreement by you

The Agreement is concluded for an indefinite period.

Right of withdrawal: In accordance with the Polish Consumer Rights Act (Ustawa z dnia 30 maja 2014 r. o prawach konsumenta), if you are a Consumer, you have the right to withdraw from the Agreement within 14 (fourteen) days from the date of its conclusion without giving any reason. You may exercise this right by notifying us in writing and submitting a withdrawal form (“Withdrawal Form”), which constitutes Appendix No. 1 to the Agreement.

Ordinary termination: After the withdrawal period has expired, you may terminate the Agreement at any time by giving us at least 14 (fourteen) days’ notice, unless a shorter notice period is permitted by law.

Closing your Account: We will close your Account within twenty-four (24) hours of receiving the Withdrawal Form or your termination notice, unless:

• you have other financial products or services with us that require the Account to remain open, or
• applicable law or regulatory requirements require otherwise.

If there are funds left after your Account is closed, we will charge a holding fee until you provide us with instructions to transfer them.

Restrictions on payout of funds: If any reason mentioned in Section 9 Clause 4 (reasons for suspension, restriction, or closure) arises before we close your Account, and if permitted by law or relevant authority, we will allow you to transfer the remaining funds only to a payment account in your name with a financial institution located in the Republic of Poland, the European Economic Area, or your country of residence, or allow you to withdraw them from an ATM.

Sections 5, 8, and 10 of these T&C and all other liability and indemnification provisions will remain in effect after termination of the Agreement.

1. No guarantees, warranties and representations

We aim to ensure that you can use our Services without interruptions; however, we do not guarantee that your use of our Services or the Mobile App will be uninterrupted or error-free. We provide our Services on an “as is” and “as available” basis. We make no representations or warranties regarding the Services or about the content, materials, information, or functions accessible via the Mobile App, except where such warranties are required by applicable law.


2. Client’s security responsibilities

You must take all reasonable precautions to maintain the confidentiality and security of your Account identification data, including:

• regularly updating your password,
• using up-to-date antivirus software, and
• safeguarding all login credentials.

If you suspect unauthorised access to your Account, you must immediately change your password and notify our Customer Service. Any unreasonable delay in doing so, where the delay is due to intentional or grossly negligent behaviour, may result in your liability for resulting losses.


3. Client’s Liability in Security Breaches

You are liable for unauthorised transactions if you intentionally or negligently compromise your login credentials (e.g., by sharing them or failing to protect them).

You are not liable for unauthorised transactions if you had no way of knowing that your credentials were stolen, unless your actions or omissions (or those of your agents) contributed to the breach.

We are not liable for fraudulent use of your login credentials if such use results from your failure to follow the security procedures described in these T&C.


4. Banank’s liability for unauthorised transactions

In accordance with the Polish Payment Services Act, if an unauthorised payment transaction is executed, we will refund the amount of the transaction to you without undue delay and, where applicable, restore your Account to the state it would have been in had the transaction not taken place, unless:

• you are liable under clause 3 above, or
• we have reasonable grounds to suspect fraud and notify the competent authorities.

5. Liability limitations

Except where liability cannot be excluded or limited under applicable law, we are not liable for:

• delays in transaction execution due to incomplete, incorrect, or unreliable information provided by you,
• losses resulting from Account suspension, restriction, or closure due to suspected fraud, security risks, or policy violations,
• actions or omissions of third parties involved in the payment process,
• service disruptions (including system failures, delays, or interruptions) affecting transaction processing,
• fraudulent use of your credentials, unless caused by our negligence or system failure,
• losses arising from you transmitting false, misleading, or outdated information,
• losses resulting from force majeure events (including cyberattacks, market disruptions, or legal compliance issues).

6. Notifications & Mitigation

We will notify you of any account blocking or restrictions unless such notification is prohibited by law or would compromise security. If we detect a security threat, we will contact you using the fastest and safest method available to provide guidance.

1. Priority of documents

The Agreement takes precedence over these T&C. If there is any inconsistency or conflict between the two, the provisions of the Agreement will prevail. These T&C still apply to the extent they do not contradict or conflict with the Agreement.


2. Your complaints

If you are dissatisfied with our Services, you may submit a complaint through our Mobile App or by other available channels. We recommend using the Mobile App for the most efficient process. Please provide detailed information and any supporting documents to help us investigate.

We handle complaints in accordance with our Complaints Handling Procedure, which forms an integral part of these T&C and is available on our website, in the Mobile App, and upon request in electronic or paper form. The Complaints Handling Procedure sets out the methods for submitting complaints, the information that should be provided, the deadlines for responding, escalation options.

We aim to respond within fifteen (15) days of receiving your complaint. In exceptional cases, this period may be extended to thirty-five (35) days, in line with the Polish Payment Services Act.

Furthermore, if you believe your rights as a Consumer have been violated, you can contact:

• Financial Ombudsman (Rzecznik Finansowy): ul. Nowogrodzka 47A, 00-695 Warszawa, Poland; +48 22 333 73 26; www.rf.gov.pl
• Polish Financial Supervision Authority (Komisja Nadzoru Finansowego – KNF): ul. Piękna 20, 00-549 Warszawa, Poland; +48 22 262 51 00; www.knf.gov.pl
• Office of Competition and Consumer Protection (UOKiK): Plac Powstańców Warszawy, 00-950 Warszawa, Poland; +48 22 55 60 800; www.uokik.gov.pl

Clients who are Consumers may also use out-of-court dispute resolution procedures conducted by the Financial Ombudsman (Rzecznik Finansowy) in accordance with the Act on the Consideration of Complaints by Financial Market Entities and on the Financial Ombudsman, as well as other competent entities authorised to conduct out-of-court resolution of consumer disputes under the PSA. Detailed information on these procedures is available on our website and from the competent authorities listed above.


3. Data Protection and Disclosure of Information

We are dedicated to protecting your personal data and owe you a duty of confidentiality. This duty is not absolute, as there are exceptions, such as:

• disclosure required by law,
• disclosure necessary to protect our or the public interest, and
• disclosure with your consent when required for providing our Services.

We are not liable for disclosing your data in situations described in the Agreement, these T&C, or our Privacy Policy. By accepting these T&C, you authorise us to collect, control, and process your data.

Below is a non-exclusive list of situations in which we may disclose your personal data. More detailed information can be found in our Privacy Policy:

• Legal and regulatory disclosures: Transfer your information when required by domestic or foreign laws and regulations (including those with extraterritorial effect) or by competent authorities (including courts, regulators, and tax authorities).
• Fraud prevention and risk management: Conduct searches in our records and share information with organisations involved in fraud prevention to protect both you and us from theft or fraud. If you provide false or inaccurate information and we suspect fraud, we will record and share this information with financial institutions and relevant organisations, without liability if the claim is later found to be unsuccessful.
• Payment service provision: Disclose necessary information to identify and contact you at your request, or at the request of other financial institutions that assist in providing our payment services to you (e.g., credit institutions safeguarding your funds), and to fulfil obligations to competent authorities or third parties with a legitimate interest.
• International payment systems: Share data related to transfers with specialised intermediaries such as SWIFT. Transfer data processing may occur in the Republic of Poland, the European Economic Area (EEA), the US, or other countries, in accordance with local regulations. You should be aware that authorities in these countries may request access to such data for anti-money laundering (AML), counter-terrorism financing (CTF), or other legitimate purposes.
• Execution of payment transactions: Disclose all required information to ensure the proper execution of a transfer, including to payment system operators located in Poland or abroad. You acknowledge that such data may be processed outside the Republic of Poland and, where applicable, outside the EEA, subject to the safeguards required under GDPR (e.g., European Commission adequacy decision or standard contractual clauses).

4. Severability

If any provision of these T&C is deemed invalid, illegal, void, or unenforceable by a court of competent jurisdiction, the remaining provisions will, to the fullest extent permitted by law, remain in full force and effect and will not be affected, impaired, or invalidated. Both you and Banank will make commercially reasonable efforts to agree on an alternative provision that achieves, as closely as possible, the same purpose and economic effect as the invalid, illegal, void, or unenforceable provision. It is the intention of both the Client and Banank that the remaining terms and conditions would have been executed without the inclusion of any provision that may later be declared invalid, illegal, void, or unenforceable.


5. Amendments

We may amend these T&C at any time by giving you at least two (2) months’ prior notice. If the amendments are favourable to the Client, Banank may implement them immediately. Continued use of our Services after the effective date of the changes will be deemed acceptance of the amended T&C.


6. Governing Law and Jurisdiction

The relationship between you and Banank is governed by the laws of the Republic of Poland. Any disputes will be subject to the exclusive jurisdiction of the courts of the Republic of Poland. Both you and Banank waive any objections to the jurisdiction of the courts of the Republic of Poland and agree that any judgment or order issued by such a court will be final and binding on both parties. Such judgment may be enforced in the courts of any other jurisdiction in accordance with applicable law.