These Terms and Conditions constitute a legal agreement between you (the „User “) and ProfitApp („we “/ “us “/ “our “) governing your use of ProfitApp`s cashback services and account features.

Furthermore, these Terms and Conditions establish which of Your personal data we use and how we process your personal data. These Terms and Conditions describe Your personal data rights and our obligations in relation to it. You are obliged to read and accept these Terms and Conditions and Privacy Policy, as well as any other kind of ProfitApp’s relevant documentation that is provided to you, on our website, via application or via email.

Please read these Terms and Conditions carefully before registering for a ProfitApp account or before using our services. By registering for an account or by accessing the ProfitApp website, mobile or web application, or using any other ProfitApp services, you agree to be bound by the English version of the Terms and Conditions presented here.

If you do not agree to these Terms and Conditions, please do not use our services.

In case anything in these Terms and Conditions seems to be incomprehensible for you, please feel free to contact us via our Contact section, stated below (also available at https://profitapp.me/eng/kontakt/), and we shall provide you with all the necessary information.

About ProfitApp

ProfitApp operates a cashback rewards program in Slovenia, allowing Users to earn cashback on purchases from partner merchants.

ProfitApp is a trade name of PROFIT PAY d.o.o., a company registered in the Republic of Slovenia under business identification number 9309128000.

PROFIT PAY d.o.o. was appointed by PAYWISER d.o.o. to distribute or redeem electronic money on behalf of PAYWISER d.o.o.

PAYWISER d.o.o. is the regulated Electronic Money Institution – EMI, authorized and regulated by the Bank of Slovenia under license number 0.04.5.4-5/2020-70, issued on 2.11. 2021. (Hereinafter: Paywiser)

User’s payment account for e-money is opened with Paywiser and User’s e-money is issued by Paywiser. For further detail please refer to the Terms and Conditions of Paywiser available at: https://paywiser.com/terms-and-conditions / .

Contacting Us

You can contact ProfitApp regarding these terms and conditions or your account via:

Email: office@profitapp.me

Phone: +386 82 803 639

Post: Kamniška ulica 25, 1000 Ljubljana, Slovenia

Definitions

“ProfitApp” refers to PROFIT PAY d.o.o., the provider of the ProfitApp cashback loyalty program that offers cashback rewards that are taking place at Merchants point of sale.

ProfitApp Cashback Program” refers to a loyalty program offered via a specific mobile application that provides Users with cash rewards based on their purchases at Merchants point of sale. ProfitApp Cashback Loyalty Program is a unique marketing solution that may enhance loyalty of the customers for Merchants, in return Users of ProfitApp Cashback Loyalty Program are rewarded with cashback i.e., a financial incentive that is provided to You by the Merchant as a percentage of your purchase amount, that can be used, either transferred to your bank account.

Paywiser” refers to PAYWISER d.o.o., the regulated Electronic Money Institution – EMI, authorized and regulated by the Bank of Slovenia under license number 0.04.5.4-5/2020-70. Paywiser is responsible for opening User’s payment account for e-money and for issuing e-money to a User. ProfitApp acts as an electronic money distributor of Paywiser.

Terms and Conditions” refers to a legal agreement between ProfitApp and You. Terms and Conditions define the rules and guidelines that you must follow when using our Services and outline the rights, responsibilities, and limitations for both-us, as the service provider and you, as the User.

Privacy Policy” refers to a legal statement that outlines how ProfitApp via our application and website collects, uses, discloses, and manages the personal information of the individuals i.e., Users of ProfitApp services. Furthermore, it outlines the rights and choices you, as the User, have regarding your data that we process. Privacy Policy presents an integral part of the Agreement, together with these Terms and Conditions, that is established between you and ProfitApp once you download our application and register for an account as defined in these Terms and Conditions.

Service” or “Services” refers to all products and services that we, together with other businesses and organizations, provide to you such as our ProfitApp mobile application, Merchant and User Dashboard, cashback, promotion, payment processing etc. Services that ProfitApp offers are presented on our website and application and are described under “Description of Services” section in detail in these Terms and Conditions.

“User” refers generally to any individual that registers for and maintains an account with ProfitApp to use the cashback service, whether as a Limited account User or after completing KYC as a Known User.

“Limited User” refers to a User who registers and accesses the ProfitApp cashback service without providing personal identification details, using only mobile phone number and password. Limited account Users have restricted access to certain features as detailed in these terms.

“Known User” refers to a User who has completed registration and identity verification by providing personal information. Known Users must complete ProfitApp’s KYC (Know Your Customer) process to qualify for full functionality. A Payment account will be assigned to a User that has completed the KYC verification process i.e., only “Known User” may be assigned with a payment account.

“KYC” or “Know Your Customer” refers to ProfitApp’s User verification process which requires providing personal identification documents to confirm the User’s real identity in compliance with anti-money laundering regulations.

The key distinction is that Limited account Users are not obligated to provide identifying details, while Known Users must complete ProfitApp’s KYC process by submitting ID proof to gain full access. Different terms, rights and restrictions may apply.

“Account” refers to the personal and secure online User account that enables Users to use the cashback service, connect with other ProfitApp Users, send referral links, and receive promotional offers from Merchants that are part of the ProfitApp network. Depending on the User account status level the options provided for every category of Users differ.

User accounts on ProfitApp platform are divided into two categories:

1)Limited Accounts for ProfitApp Users that are Limited Users i.e., Users that did not complete the KYC verification process. Those Users have limited functionalities within the ProfitApp application.

2)Standard Accounts for ProfitApp’s “Known Users” that have completed the KYC verification process (Payment Account is described below). These types of Users have payment accounts associated with them and are able to access all functionalities available on the ProfitApp application.

Payment Account” refers to a financial account designed for storing and managing electronic money. This service is offered as a product of the cooperation between ProfitApp and Paywiser d.o.o. Registered Users of ProfitApp may opt for payment account after going through a KYC verification process (described above). ProfitApp and Paywiser are acting as joint controllers of the data collected during the KYC verification process, this is proceeded in accordance with the General Data Protection Regulation (EU).

Limited Users have access to a payment account that is specially designed for these types of Users. This type of payment account has limited functionality.

“Cashback” means the sum of e-money credited to your ProfitApp Account resulting from qualifying purchases made at participating merchants.

“E-money” refers to electronically stored monetary value issued by Paywiser upon receipt of funds and represents a claim against ProfitApp for redemption of the monetary value.

“Qualifying Purchase” means a transaction that meets ProfitApp criteria to earn cashback based on merchant, transaction amount, User and User’s account.

Referral Reward” is an incentive for ProfitApp Users to attract them to promote our platform.

“Merchant” means a retailer, merchant, or other seller of goods or services that participates in ProfitApp’s cashback program and that has entered into contractual relationship with ProfitApp.

“Settlement Period” refers to the defined period of time, after which earned cashback is paid out to your ProfitApp Account.

“Redemption” refers to redemption of funds (the equivalent of the electronic money issued by the Paywiser), that can be requested by you at any time. You can redeem funds with payment transactions and/or with the transfer to another payment or bank account.

“Top-up” means adding funds to your ProfitApp Account to obtain e-money.

Eligibility

Use of the ProfitApp cashback service is only available to individuals who meet the following criteria:

  • The User must provide correct and truthful information when registering for their ProfitApp Account. Providing false, inaccurate, or misleading information may lead to suspension or termination of the User’s account.
  • The User must not allow any other person to use their ProfitApp Account details to access the service. The User’s Account is for their use only.
  • The User must act in compliance with applicable laws and these Terms and Conditions when using ProfitApp’s cashback program and only use the service as intended.
  • The User is responsible for reasonable care of its Account and must ensure that its e-mail address is up to date. ProfitApp is not responsible if the User did not receive information because of its negligence.
  • The User must not have more than one account registered with ProfitApp. Duplicate accounts will be suspended.
  • ProfitApp reserves the right to decline registration or cancel existing registrations if we determine the User is ineligible to use the cashback program.
  • The cashback service is limited to Users that own a mobile number in Slovenia and that provide required EU ID such as passport or national identity card. We may expand availability later.
  • Persons aged 18 and older can register for and use ProfitApp services.

By registering for a ProfitApp Account, the User confirms that they meet these eligibility criteria. If at any time the User fails to meet these Conditions, we reserve the right to suspend or terminate their access to the ProfitApp Cashback Program.

Description of Services

The ProfitApp cashback service allows Users to earn specified percentages of cashback on purchases made from participating Merchants at its point of sale, via our application. The creation of User account on ProfitApp Application is made available to You by ProfitApp free of charge and allows you to use specific Services offered via Application, this is possible via the internet network. Extent of Services provided varies, depending on the type of the User account i.e., type of membership that you opt for after you complete first kind of registration that enables you to use the application as Limited User.

When a User makes a Qualifying Purchase using cash, their personal payment card, or their ProfitApp app balance, the transaction may be eligible for earning cashback. ProfitApp will track and log eligible transactions. If the Qualifying Purchase meets the criteria for cashback earnings, the corresponding percentage cashback based on the transaction amount will be credited to the User’s ProfitApp Account as e-money following the Settlement Period.

The cashback service supports earning cashback on purchases made in-store at participating Merchants point of sale when paying by cash, payment card, or ProfitApp account balance.

Online purchases made through Merchant’s website or app are not available at the moment.

Cashback earnings rates and participating Merchants are listed on the ProfitApp website and application and may change periodically. ProfitApp reserves the right to amend earnings rates, the Merchants included in the program, and Qualifying Purchase criteria.

Users can track cashback earnings and account balances through their online ProfitApp Account portal. ProfitApp will make reasonable efforts to ensure accurate tracking and crediting of cashback earnings. However, we assume no liability for technical failures that result in missing cashback. In cases where ProfitApp decided that the Application i.e., platform must be modernized or updated or it has technical issues, ProfitApp has the right to restrict the possibility for Users to log into Accounts or to use respective Services or even to have general access to Application. In such cases, ProfitApp will send prior notification that will provide Users with all necessary information (type of restriction, duration of these restrictions and other relevant information).

User Account Management

Registration

To use the ProfitApp cashback service, the User must register for an Account by providing some personal details and accepting these terms and conditions. The User warrants that all information given is true and accurate.

The User must safeguard the login details to their Account and not share them with anyone else. The User is responsible for maintaining the confidentiality of their Account.

ProfitApp may require supporting documents to verify User’s identity before activating an Account.

ProfitApp may offer the option to Users to register and use the service, without providing personal details. However, Limited account Users are subject to restrictions and limits on Account activity.

KYC Verification

For Known Accounts, ProfitApp will require Users to complete a KYC (Know Your Customer) verification process by providing valid documents to confirm their identity and address before the Account can be fully activated.

Required KYC process consists of following:

  • Providing personal information.
  • Email verification: the User will be required to confirm their email address.
  • Government issued photo ID such as passport or national identity card.
  • Liveness Check.

Verification process particularities are available in Paywiser Terms and Conditions.

The User must complete the liveness test along with the document checks in order for KYC verification to be completed successfully. The data and photographs will be stored in accordance with Paywiser Privacy policy.

The liveness check provides a way for ProfitApp to confirm the KYC process is being done live by the real User and is an additional countermeasure against identity fraud and spoofed verifications.

Once the User submits their documentation, ProfitApp will commence the verification process. This may take up to 5 business days. ProfitApp reserves the right to request additional documents if needed to satisfactorily complete KYC verification.

The User’s Account will remain limited with functionality until the KYC process passes our checks. If verification fails repeatedly, ProfitApp may reject the registration and cancel the Account.

The User must promptly notify ProfitApp of any changes to their verified personal details and provide updated supporting documents. Failure to maintain accurate KYC information can result in Account suspension.

Limitations for Limited account Users

The purpose of these limitations is to help us prevent misuse of the cashback program while still allowing anonymous use within defined parameters. To Limited account Users will be applied following guidelines and limitations:

  • Limited account Users are not required to provide all personal identification details, that are usually required for the KYC verification process, during registration.
  • Limited accounts will be identified on the platform by a unique ID number assigned by ProfitApp.
  • Limited account Users must provide an active mobile phone number for security and notification purposes.
  • ProfitApp reserves the right to temporarily restrict or suspend any Limited account suspected of fraudulent activity.
  • Limited account Users are limited to earning and spending cashback until the User completes KYC process.
  • Limited account Users are limited to €150 total maximum turnover (earning and spending cashback).
  • Limited account Users are limited to €50 per transaction.

The key focus is enabling use up to reasonable limits. Caps and restrictions are designed to be compliant but also minimize misuse.

Access and Data Rectification

The User has the right to access personal data held in their Account and request corrections to any inaccurate or incomplete data. The User must notify ProfitApp promptly of any changes to their personal details.

ProfitApp reserves the right to suspend or terminate any Account if we have reason to believe the registration information is inaccurate or false.

The User has the right to have their data privacy respected under the EU General Data Protection Regulation (GDPR). ProfitApp only collects and processes the User’s personal data for legitimate purposes as outlined in ProfitApp’s Privacy Policy. The User should review ProfitApp’s full Privacy Policy, available at https://profitapp.me/eng/privacy-policy/ for details on how ProfitApp handles the User’s personal data, the User’s rights under GDPR, and how the User can contact ProfitApp about privacy-related matters.

Account Security

The User is responsible for taking reasonable measures to keep their Account secure, including using strong passwords and safeguarding any devices used to access the Account.

The User must contact ProfitApp immediately if they become aware of any unauthorized access to their Account or any breach of its security.

In no event shall ProfitApp be liable for any damages or losses arising from the User’s failure to maintain adequate security of their Account credentials.

Account Termination

The User may terminate their Account at any time by contacting ProfitApp customer service. Any unused cashback balance will be redeemed and transferred to the User prior to Account closure.

ProfitApp may terminate an Account if the User violates these terms, applicable laws, or engages in fraudulent/abusive activities regarding the cashback and loyalty program. Any unused balance may be redeemed prior to termination.

Paywiser may terminate your payment account. Complete procedure is described and available in the Paywiser Terms and Conditions document available at: https://paywiser.com/terms-and-conditions/.

Account Inactivity

If your PROFITAPP account remains inactive (no logins or transactions) for an extended period, the following policies apply:

  1. For Limited Account Users:
  • After 2 months of inactivity, we may send User notifications to prompt you to access your account. This is to prevent inactive accounts.
  • If there is no response to notifications, after 3 months of inactivity we may impose a monthly inactivity fee of €1.50, while still allowing User to log in and redeem funds.
  1. For Standard Account Users i.e., “Known Users”:
  • After 6 months of inactivity, we may send to User notifications to prompt you to access your account. This is to prevent inactive accounts.
  • If there is no response to notifications, after 12 months of inactivity we may impose a monthly inactivity fee of €1.50, while still allowing User to log in and redeem funds.

Unused e-money will be stored on the payment account for Limited Users within its restriction frames or, in case, User goes through KYC verification, the unused e-money will be stored on the payment account for Known Users. As a result of inactivity, inactivity fee will be applied to the User account until balance becomes zero. We will notify Users in advance of any expiration date i.e., we will notify User before we start applying inactivity.

Users can redeem funds at any time before expiration to avoid forfeiture. We will provide instructions in the notification emails.

For forfeited funds from inactive accounts, we maintain records in case of any User disputes and may accommodate claims on a case-by-case basis.

These policies comply with the valid relevant EU regulations – the EU Payment Services Directive (PSD2) and the Electronic Money Directive 2009/110/EC.

We make efforts to notify you and enable redemption before funds expiry. However, expired funds may no longer be recoverable after forfeiture if the account remains unused.

Please maintain your account activity to avoid fees and expiration. Notify us immediately of any contact information changes.

The inactivity fee, after the above specified period of inactivity, aims to incentivize User engagement before the account balance becomes zero, due to the application of inactivity fee. We will provide reminders about pending fees and expiration dates.

User Conduct

When using the ProfitApp cashback service, the User agrees to:

  • Only use the service for legal purposes and comply with all applicable laws, regulations and these Terms and Conditions.
  • Provide accurate and complete information to ProfitApp and keep registration data current. In addition, your contact details must be up to date.
  • Not allow any other party to access or use their ProfitApp Account. In cases where you enable access to your ProfitApp account to any other person i.e., party, ProfitApp holds no liability for any kind of damage caused in such cases. In cases where you inappropriately use Services provided by ProfitApp and this behavior, as a result, causes negative effects to ProfitApp or third persons, you are responsible for eliminating all caused damage.
  • Not harass or abuse ProfitApp staff or make false allegations against ProfitApp.
  • Not attempt to hack, compromise, disrupt, damage, or gain unauthorized access to ProfitApp’s systems.
  • Avoid purchasing goods/services prohibited by ProfitApp or facilitating any illegal activities.
  • Avoid artificially inflating transaction volumes or cashback earnings through unethical means.
  • Comply with all reasonable instructions communicated by ProfitApp related to the cashback program.
  • Avoid transferring, selling, or assigning the Account or associated cashback earnings to any third party.
  • Avoid any malicious, deceitful, offensive, or unlawful conduct when dealing with ProfitApp.

Any User found to be in breach of these Terms and Conditions may have their access suspended or terminated by ProfitApp, at our sole discretion. ProfitApp also reserves the right to claw back any unlawfully earned cashback if deemed necessary.

We aim to provide a fair and ethical cashback program for all Users. Please use ProfitApp’s services responsibly.

All rights which are not expressly granted to the User in these Terms and Conditions are retained and reserved by ProfitApp.

Cashback Earnings

Earning Cashback

Users can earn cashback on Qualifying Purchases from participating Merchants, as outlined in the Description of Services section.

Cashback is earned as a percentage of the total transaction amount of a Qualifying Purchase, excluding taxes, fees, discounts, gift wrapping, tips, and other ancillary charges.

Cashback earnings rates may vary based on the Merchant, product category, time of year, special promotions, and other factors. Current earning rates are published on the ProfitApp website regularly [link to be provided].

ProfitApp reserves the right to adjust earnings rates, set maximum caps per transaction/time period, include/exclude specific Merchants or products, and modify Qualifying Purchase criteria at any time.

Settlement Period

Accrued cashback earnings are tracked in the User’s Account but are only settled and credited as redeemable balances after the Settlement Period elapses.

The standard Settlement Period is up to 3 days from the date of a Qualifying Purchase. However, ProfitApp reserves the right to extend this to 7 days if necessary to account for returns, cancellations, or other post-transaction adjustments.

Withholding Cashback

ProfitApp may withhold the right to settle cashback transactions we suspect are fraudulent, abusive, or violate these terms. Cashback from such transactions may be clawed back or withheld indefinitely.

Expiry of Cashback

Redeemable cashback credited to the User’s ProfitApp Account after the Settlement Period does not normally expire or have an end date for redemption while the Account remains open.

However, if the Account becomes dormant, inactive or is closed/terminated for any reason, ProfitApp reserves the right to charge applicable inactivity fees after stated periods. Inactivity fee will apply until account balance becomes zero. Inactive accounts that have zero account balance will be deleted by ProfitApp.

Top-up

It is possible for you to add funds to your ProfitApp Account in order to be able to obtain e-money. To proceed with Top-up, the User must pay an amount of money that is established by the User via credit card to a ProfitApp bank account. This process is done via ProfitApp Application or Website.

Only Known Users can use Top-up function.

The top-up amount paid by User to a ProfitApp bank account will be instantly reflected on your ProfitApp User account.

The respective amount is the „Top-Up Amount “.

For the Top-Up Amount the following restrictions apply:

  • The minimum transaction sum is EUR 10,00. The minimum transaction sum defined applies to any kind of ProfitApp User.

The maximum execution time for this type of payment order, as well as a possible fee for the execution of the credit card payment shall be regulated by the agreements made between the User and the respective credit card issuer.

If the User initiates a credit card payment in a currency other than the currency of his credit card account with the third-party bank, the applicable exchange rates shall be determined by the User’s agreements with the third-party bank.

User can top-up his payment account also by transferring funds from a payment account opened with another payment service provider directly to his ProfitApp account, in this case the User shall execute a payment order specifying his IBAN number.

Sending Funds to Other Users i.e., E-Money Transfer

E-Money transfer refers to a service that is provided to you via our app in which you are enabled to send e-money from your ProfitApp account to other ProfitApp Users or to any other payment account opened with another payment service provider or to receive e-money to your ProfitApp account.

For E-money transfer the following restrictions apply:

  • The minimum transaction sum is EUR 10,00.

This service is only available for Known Users, Limited Users are not able to make any kind of money transfers within our application.

User Status Levels

ProfitApp offers four tiers of User status depending on eligibility criteria. Higher status unlocks additional benefits. The main User levels are:

Limited User

This is the default entry-level status when a User downloads the application, registers for the ProfitApp account by providing its mobile phone number. Limitations of limited Users are further described above, under the “Limitation of Limited Users Section”.

Benefits include:

  • Basic cashback rates on purchases at partner merchants.
  • Access to standard promotions.
  • earn and spend cashback up to €150.
  • Referral links

Standard User

To qualify for Standard User status, the User must complete the KYC verification process. Benefits include:

  • Sending funds to other Users.
  • Funds withdrawal.
  • Basic cashback rates on purchases at partner merchants.
  • Access to standard promotions.
  • Top-up.
  • Referral links

Smart User

To qualify for Smart status, the Known User is paying the annual fee or membership fee. The annual membership fee for a Smart User is €29.99 and is paid through the Online store with the address: https://shop.profitapp.me, in the manner defined by the General Terms and Conditions. Funds from this membership fee are non-refundable.

After paying the annual membership fee, the Smart User acquires the right to greater benefits when using the Application.

In addition to Standard tier, Smart status provides:

  • higher cashback on transactions.
  • Access to fully functional payment account.
  • Access to special promotions.

We may introduce new types of User memberships in the future, we will inform you accordingly.

Details regarding fees for different User statuses can be found on our ProfitApp Pricing list, that is available at (link to be provided).

Referral Links

All ProfitApp Users are able to recommend the Application and Partner companies i.e., Merchants through referral links that will be sent out to new users as invitation. We will occasionally provide rewards to our Users for their engagement and support. Users will be notified in advance about the terms and conditions of our referral rewards, including information about the benefits they will receive.

Liability

Liability for E-money

Paywiser, through ProfitApp, issues e-money upon receipt of funds from the User. We are liable to redeem e-money value held in the User’s Account at any time, subject to reasonable verification procedures.

The funds of the Users, stored on a Payment Account, opened with Paywiser, subject to Paywiser General Terms and Conditions, are stored in a fiduciary account and are segregated from Paywiser’s or ProfitApp’s funds. Potential creditors of Paywiser or ProfitApp are not able to enforce their claims against Paywiser or ProfitApp in their bankruptcy or other insolvency, by means of compulsory measures, to interfere with those assets. This ensures a high level of security of the Users’ funds.

Third Party Services

ProfitApp assumes no responsibility for the performance, uptime, or any losses associated with third party services like a bank, payment processor, or online merchant utilized by the User in conjunction with our cashback program. These external services are not under ProfitApp’s control.

User Security

The User is responsible for properly securing access to their Account login credentials and any devices used to access their Account. ProfitApp is not liable for any unauthorized access, transactions, or loss of funds resulting from the User’s failure to employ adequate security measures.

Service Disruptions

While ProfitApp aims to provide continuous availability of the cashback program, we assume no liability for any damages or losses arising from service interruptions or outages that are beyond our reasonable control. However, we will make efforts to restore access as soon as possible.

Inaccurate Tracking

ProfitApp makes commercially reasonable efforts to accurately track Qualifying Purchases and credit appropriate cashback earnings to User Accounts. However, we disclaim liability for any tracking errors or omissions that may result in missing or incorrect cashback.

Limitation of Liability

In no event shall ProfitApp’s liability for damages exceed the total redeemable cashback balance in the User’s Account at the time the dispute is raised. Unless required by law, ProfitApp will not be liable for any indirect or consequential damages arising from the use of our cashback program.

Termination/Cancellation

User Cancellation

The User has the right to terminate their ProfitApp Account at any time by emailing office@profitapp.me or through the in-app cancellation feature.

On closure, ProfitApp will redeem any outstanding User’s account balance and initiate a transfer of the e-money value to the User’s provided bank account.

ProfitApp Cancellation

ProfitApp reserves the right to terminate any User’s access to the cashback program if we determine they have breached these terms and conditions or violated applicable laws when using our service.

We may also terminate accounts that have been inactive for an extended period, described in the Account Inactivity section. Users will be notified before any involuntary termination and given reasonable opportunity to redeem outstanding balances unless unlawful activity or serious contract breach is suspected.

In certain cases, ProfitApp may only suspend access to the Account until any investigation or abuse review processes are completed.

Paywiser Cancellation

In the case of not following or breaching Paywiser’s Terms and Conditions, Paywiser reserves the right to terminate any User’s account.

Effects of Termination

Upon termination, the User’s Account will be closed and access disabled. The User will no longer be able to earn or redeem cashback through ProfitApp.

Outstanding cashback earnings that are still within the Settlement Period will be voided and forfeited when the Account is closed.

Any redeemable cashback balance will be paid out to the User after deduction of applicable fees and charges. Payout may be delayed due to fraud investigations or inquiries.

The User will lose access to their transaction history across the lifetime of the Account upon closure. ProfitApp is not obligated to maintain records for closed Accounts.

Dispute Resolution

If the User has any complaint or issue arising from ProfitApp’s cashback service, they must first contact ProfitApp’s customer support team to file a formal complaint. The User can contact the customer support team by email at office@profitapp.me or by phone at +386 82 803 639. When filing the complaint, the User should provide their account Username, a detailed description of the issue, relevant dates and times, any applicable order numbers, and copies of any documentation that supports their complaint.

After receiving the complaint, ProfitApp’s customer support team will open an internal ticket and provide the User with a ticket number for reference. ProfitApp commits to thoroughly investigating all complaints and aiming to resolve them within 14 days. If more time is needed, ProfitApp will contact the User with an update and revised timeline. Once the investigation is complete, ProfitApp’s customer support team will contact the User to discuss the proposed resolution or next steps. If the User is not satisfied with the resolution, they may request the complaint be escalated to a supervisor for further review.

ProfitApp takes all User complaints seriously and makes good faith efforts to resolve disputes in a timely and satisfactory manner.

Changes to User Details

Keeping Details Accurate

The User must ensure the personal and contact details provided to ProfitApp are always accurate and current. This includes:

  • Full personal name
  • Residential address
  • Email address
  • Mobile phone number

The User is responsible for promptly notifying ProfitApp of any changes to these details through the Account portal or app.

Proof of Changes

ProfitApp may require supporting documents as proof to validate major changes to the User’s details like:

  • Changes to personal name – ID or passport
  • Change of residential address – Recent utility bill or government ID showing new address
  • Change of bank account for payouts – Certified bank statement or details from the bank
  • Updates to phone number – No proof required.

Minor changes like correcting typographical errors may be updated without proof.

Suspension for Inaccurate Details

ProfitApp reserves the right to suspend the User’s Account if we have reasonable grounds to doubt the accuracy of personal details. Access will be restored once the User provides valid proof to verify the updated details.

Failure to maintain accurate and current core User data may also impact our ability to comply with KYC regulations.

Protection of Personal Data

Data Controller

Joint Stock Company “ProfitApp International”, with its registered office at the address Bulevar Svetog Petra Cetinjskog 120, 81000 Podgorica, Montenegro, and its subsidiary company the Profit Pay d.o.o. with its registered office at Kamniška Ulica 25, 1000 Ljubljana Slovenia act as Joint Controllers under data protection regulations (the GDPR) for processing your personal data when providing services related to ProfitApp program, whereas the JSC “ProfitApp International” acts as Primary Data Controller that handles your data. The Data Protection Officer is available via paper post at the registered office and via email: office@profitapp.me.

For the purpose of distribution/redemption of electronic money, ProfitPay d.o.o. and “Paywiser d.o.o.” with its registered office at Bravničarjeva ulica 13, 12000 Ljubljana, Slovenia act as a “Joint Data Controller” under data protection regulations (the GDPR) and, therefore, share their responsibilities and obligations with JSC “ProfitApp International”. The Data Protection Officers for both companies are available via paper post at their registered offices and via email, for “Profit Pay d.o.o.” at info@profitapp.si and for “Paywiser d.o.o.” at privacy.eu@paywiser.com. More information about the processing of personal data is published in the Privacy Policy on https://profitapp.me/privacy-policy/. Details on how Paywiser process your personal data please read the Paywiser’s Privacy Policy published on www.paywiser.com.

Purposes of Processing Data and legal basis

We only process your personal data for specified, explicit and legitimate purposes, to provide services, and to improve these services, that are a product of this collaboration. As well as, to protect ProfitApp and Paywiser programs, its platforms and involved Users from any potential fraudulent behaviors.

The General Terms and Conditions accepted by the User are the legal basis for the processing of personal data. The processing also takes place on the basis of legal obligations, for the performance of contractual obligations, on the basis of legitimate interest and, if necessary, on the basis of the previously obtained consent of the individual.

Data Categories

Categories of collected and processed: Personal Information, Identification documents, Financial Information, Usage Information, Cookies, Demographic Information, Information about your choice of our merchant partners and Information about goods or services you purchase.

Data Export Outside of the European Union

As our Joint Stock company “ProfitApp International” is located in Podgorica, Montenegro we have to export your data outside of the EU. This process is done under the Binding Corporate Rules (BCRs) that allows us, as an international organization, to make transfers of personal data across borders and in compliance with the GDPR within our group.

Before exporting any of your personal data, we will ensure an adequate level of data protection.

Retention Periods

We retain your personal information as long as you maintain an active account with us. Closed account information is anonymized after 36 months unless we have to comply with legal requirements for further retention. Inactive User accounts will be deleted after 36 months.

In case you opt for a Payment Account, we keep personal data in accordance with limitation periods and retention obligations that are imposed by applicable law. As a rule, your personal data is kept for ten (10) years after the termination of the business relationship or execution of the transaction.

Data processed on the basis of your consent is kept until your cancellation or requests for data deletion, but no longer than ten (10) years after the termination of the business relationship or until the purpose for which they were acquired is fulfilled.

Data Subject Rights

As a User, you have the following rights related to your personal data:

  • Right to access and rectify your data.
  • Right to have your data erased.
  • Right to restrict or object to processing.
  • Right to data portability.
  • Right to withdraw consent.
  • Right to lodge complaints with the data protection authority.

To make requests regarding your privacy rights, please contact us at office@profitapp.me (our headquarters in Montenegro) or at info@profitapp.si (our office in Slovenia).

For further detail please refer to the Privacy Policy published on https://profitapp.me/privacy-policy/.

Taxes

Tax Obligations

The User is responsible for determining any income tax or other tax obligations arising from cashback or other rewards paid out by ProfitApp.

ProfitApp does not provide tax advice or guidance to Users. We recommend speaking to a qualified tax advisor if the User has questions about potential tax liabilities resulting from their ProfitApp account activities.

Withholding Taxes

As per regulatory requirements, ProfitApp will withhold taxes on payouts of cashback when:

  • The User is subject to tax obligations in [Jurisdiction]
  • Legally required to comply with requests from tax authorities.
  • The User’s tax status cannot be accurately validated.

Applicable taxes will be deducted at source before payout in such cases.

Tax Identification Numbers

Users must provide valid tax identification or social security numbers if requested by ProfitApp to facilitate tax reporting or withholding requirements.

Provision of tax details is mandatory where stipulated under [Jurisdiction] regulations. Declining to provide required tax details could result in Account suspension.

Tax Reporting

If legally obliged, ProfitApp will share reports with tax authorities on User transaction details, income, tax deductions, etc. These disclosures as per reporting requirements do not breach our privacy policy.

However, ProfitApp does not accept responsibility for advising Users on tax liabilities or ensuring accurate tax return filing in relation to their ProfitApp Account activities.

Promotions

Special Offers

ProfitApp may run various promotional offers, contests, and incentives to reward Users from time to time.

These can include boosted cashback rates, giveaways, prizes, free credits, or other rewards for participating in the promotion.

Promotion Terms

Each promotion will have its own specific terms and conditions defining eligibility criteria, offer validity period, reward distribution method, and other details.

The User must read and accept the applicable promotion terms before participating. Usage of the promotion indicates the User’s acceptance.

Right to Change or Cancel

ProfitApp reserves the right to modify, restrict, or suspend any promotion at our discretion without advance notice to the User.

Promotions may be canceled before the end date if deemed necessary due to fraud risks, abuse, technical issues or other unforeseen circumstances.

Limited Availability

Promotions generally have a limited validity period and a number of rewards available, which will be specified in the offer terms. Meeting the eligibility criteria does not guarantee the User will receive the promotion reward.

Taxes

The User may be responsible for applicable taxes on any prizes, rewards, or enhanced cashback received through promotions. Please refer to the Taxes section.

Third Party Services

Integration with Partners

The ProfitApp cashback service involves integration with third party apps, websites, payment providers, and other partners. This enables features like:

  • Registering external payment cards or accounts
  • Tracking transactions at partner merchants
  • Topping up your ProfitApp Account via external services
  • Redeeming cashback to external accounts

Third Party Terms

When linking to or using any third-party service via ProfitApp, the User must adhere to the partner’s applicable terms of use, end User agreements, privacy policies and any other policies.

The User uses ProfitApp integrations with partner platforms at their own discretion. It is the User’s responsibility to read and understand the associated terms imposed by third party providers.

No Endorsement or Liability

ProfitApp facilitates integrations with third parties for added functionality, but this does not constitute an endorsement of their service or platform.

We do not accept any responsibility for performance, security, availability or misconduct of any linked third-party service or account used in conjunction with ProfitApp. The third-party provider is solely liable.

Suspension of Access

ProfitApp reserves the right to suspend or revoke access to any third-party integration if deemed necessary, without notice, to protect the integrity of our services and the Users’ accounts.

Intellectual Property

By registering at ProfitApp or using any kind of other elements of the Service ProfitApp offers, the User acknowledges that ProfitApp owns the entire content of the ProfitApp website, ProfitApp mobile application and ProfitApp social network pages/profiles.

The use of any content or materials that is presented on ProfitApp application, website or social network pages for purposes that are and are not specified in these Terms and Conditions is prohibited.

No one has the right to distribute, copy, publicly display or generate variations of the ProfitApp website and its content, application and its content or content presented on the social network pages that belong to ProfitApp or use any kind of material that is owned by ProfitApp without preapproval from ProfitApp.

Final Provisions

Privacy Notice and any other documentation that is presented to you via our website or application or sent to you via email address presents an integral part of these Terms and Conditions and is binding for all Users.

Without the permission of ProfitApp, you have no right to transfer your obligations, claims or rights, described in these T&Cs, to other persons i.e., third persons.

You agree that ProfitApp has the right to transfer its rights and obligations arising from these Terms and Conditions to third persons, ProfitApp will inform you in case such transfers occur.

In case any clause of these Terms and Conditions is held to be invalid, illegal, or unenforceable by the relevant court, the other clauses of these Terms and Conditions will remain in full force and effect. This applies also to any clause of these Terms and Conditions that is held to be invalid, illegal, or unenforceable only to some extent, any such clause will remain in full force and effect to the extent that is not evaluated as invalid, illegal, or unenforceable.

ProfitApp is not liable for any kind of misbehavior, misuse, or damage that is caused by third parties that are providing services to us or through us to you.

Changes to these Terms

Amendments by ProfitApp

ProfitApp reserves the right to amend these terms and conditions when necessary to comply with legal or regulatory changes, improve our services, enhance security, or for other important operational reasons.

For minor changes that do not negatively impact the User’s rights, we may implement these without notice.

For all other changes, ProfitApp will notify Users at least 2 months in advance of the effective date. Notifications will be displayed prominently in the Account portal and app.

Continued use of ProfitApp’s services after the effective date will be taken as acceptance of the new terms.

ProfitApp communicates with you either via emails, ProfitApp application or ProfitApp website by leaving notices to you. Therefore, you, as a User of ProfitApp services, unconditionally consent to receive business information, except personalized marketing communication that can be delivered based on your prior consent, electronically and agree that all agreements, disclosures, notices, and any alternative electronic communication offered by ProfitApp shall meet the legal criteria of such communication in writing.

User Rights

If the User does not wish to continue using the service under the new amended terms, they have the right to terminate their Account immediately without any termination fee or penalty.

In such cases, the User can request redemption of any outstanding cashback balance. This redemption request must be received within 2 months of the change notification date.

Current Terms

The current prevailing version of the terms and conditions will always be accessible on ProfitApp’s website and within our app. The version date displayed can be cross-checked by Users.

Governing Law

These terms shall be governed and interpreted according to the second Payment Services Directive (PSD2).

Right to Object

Users have the right to object to any proposed changes notified by ProfitApp within 2 weeks of receiving the notice, providing valid legal or regulatory grounds. ProfitApp will respond within 30 days and either justify why the changes are necessary or offer suitable alternatives.