Terms and conditions

PRO SOFT AD'S TERMS AND CONDITIONS

FOR USE OF THE SOFTWARE PRODUCT

hype SOFTWARE

(Version No. 4/10 August 2026, effective from 12 August 2026)

Section I.

GENERAL PROVISIONS

Article 1. (1) These Terms and Conditions govern the relationship between the Company and Users regarding the grant of a non-exclusive, non-transferable, time-limited, and restricted right to use the Software. These Terms and Conditions are binding and apply to every Individual Agreement, of which they form an integral part.

(2) These Terms and Conditions also apply where only an invoice (pro forma or original), a handover protocol, and/or other documents establish the conclusion, performance, and termination of the parties' contractual relationship concerning the User's non-exclusive, non-transferable, time-limited, and restricted right to use the Software. All provisions apply accordingly to the resulting legal relationship.

Article 2. (1) These Terms and Conditions bind the User upon the first occurrence of any of the following, each independently sufficient to bind the User:

1. the User signs an Individual Agreement or another written document referring to these Terms and Conditions;

2. the User expressly accepts them electronically, including by ticking “I agree to the Terms and Conditions for use of hype Software” during registration, activation, or access to the Software;

3. payment of the invoice under Article 1(2).

(2) Acceptance under paragraph 1 means the User is fully familiar with these Terms and Conditions and accepts them as legally binding without further written confirmation. By accepting them, the User also accepts the Privacy Policy and expressly consents to the Company sending electronic messages about the Software and related services and products.

(3) The User must ensure that all employees using the Software on its behalf or for its account comply with these Terms and Conditions and is responsible for their actions as for its own.

(4) If an Individual Agreement conflicts with these Terms and Conditions, the Individual Agreement prevails unless the parties agree otherwise in writing.

Article 3. (1) For these Terms and Conditions, the following terms have the meanings set out below unless expressly stated otherwise:

1. „Company“ means PRO SOFT AD, a joint-stock company registered and operating under Bulgarian law, entered in the Commercial Register and Register of Non-Profit Legal Entities maintained by the Registry Agency under company registration number 207707051.

2. „Individual Agreement” means any agreement under which the Company grants the User a non-exclusive, non-transferable, time-limited, and restricted right to use the Software, together with all amendments, supplements, appendices, annexes, supplementary agreements, and similar documents.

3. „Confidential Information“ means any documents, commercial and/or technical data, information, or secrets the Company provides to the User during their legal relationship or to which the User gains access during that period. This includes, without limitation, pricing terms, business strategies, marketing plans, information, messages, banners, posts, commercial and financial reports, system architectures, software code, algorithms, designs, presentations, photos, videos, images, projects, diagrams, tables, formulas, and other materials relating to the Software and/or the Company's business protected by copyright, patents, or other intellectual property, and any information provided by the Company regardless of format (written, oral, electronic, etc.).

4. „Personal data” means the concept defined in Article 4(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to personal data processing and the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation).

5. „Monthly Fee” means the fee under Article 12(1)(1) paid by the User to the Company.

6. „Installation Fee” means the fee under Article 12(1)(2) paid by the User to the Company.

7. „Terms and Conditions“ means these terms for use of the Software and any amendments and/or supplements, together with their appendices and referenced texts and conditions, available on the Company's website at www.hype-software.com.

8. „Service Package“ means the relevant service package under Article 11, provided by the Company as a non-exclusive, non-transferable, time-limited, and restricted right to use the Software.

9. „Software Maintenance” means the set of services provided by the Company to ensure normal Software operation under Appendix No. 2 to these Terms and Conditions.

10. „User“ means any person granted a non-exclusive, non-transferable, time-limited, and restricted right to use the Software by the Company under an Individual Agreement.

11. „Privacy Policy“ means PRO SOFT AD's Privacy Policy for use of hype Software, available on the Company's website at www.hype-software.com, containing information about personal data collection and processing when using the Software and data subjects' corresponding rights.

12. „Software“ means the software product named hype Software, version 1.20 and later, exclusively owned by the Company, designed for commercial premises in various sectors including hospitality, food, and entertainment, including food and drink outlets, restaurants, bars, nightclubs, cafés, and similar venues. It provides point-of-sale (POS) processing, order and inventory management, customer relationship management (CRM), cloud data storage, reporting and analytics tools, together with all modifications, improvements, updates, versions, and similar developments.

13. „Fiscal Device” means an electronic or mechanical device for making sales, processing financial transactions, and issuing fiscal receipts or other records of commercial transactions, including electronic cash registers with fiscal memory, printers including fiscal printers, electronic systems with fiscal memory for recording liquid fuel sales (ESFP), fiscal devices built into self-service machines (FUVAS), and others.

14. „Force Majeure” means any event or circumstance beyond the affected party's reasonable control that could not have been foreseen, avoided, or overcome, including epidemics, pandemics, fires, floods, war, embargoes, strikes, riots, power outages, electronic communications network or internet failures, failures or interruptions of equipment, hardware, hosting, or other third-party technical infrastructure services, and actions of public authorities preventing performance of contractual obligations, and similar events.

(2) In these Terms and Conditions, unless a different meaning is agreed in writing:

1. headings are for convenience only and do not affect interpretation of the Individual Agreement or these Terms and Conditions;

2. singular words include the plural and vice versa;

3. references to a person include an individual, commercial company, civil partnership, cooperative, association, or other entity, organisation, central or local authority, or department;

4. references to a section, article, paragraph, or appendix mean a section, article, paragraph, or appendix of these Terms and Conditions unless expressly stated otherwise;

5. “including” and “includes” are not restrictive and are deemed followed by “without limitation”, even where not expressly stated, and do not limit the generality of preceding text;

6. references to a document include amendments, supplements, replacements, or novations of it, except those made in breach of these Terms and Conditions;

7. references to “law” or a “statutory instrument” include any law, ordinance, regulation, official directive, instruction, or other mandatory act issued by a state, intergovernmental or supranational body, agency, ministry, regulator, self-regulatory body, or other competent body or organisation;

8. in cases under Article 1(2) without an Individual Agreement, references to an Individual Agreement mean one of the facts creating the legal relationship under Article 1(2); and

9. a party to any document means the Company or the User, and the parties means both, including their universal and particular successors in title.

Section II.

TYPE AND SCOPE OF THE RIGHT OF USE

Article 4. (1) The User's right to use the Software is non-exclusive, meaning the Company may grant the same or similar rights to third parties at any time at its discretion.

(2) The Company may grant equivalent rights to use the Software to third parties, including the User's competitors or other businesses in the same or different sectors.

Article 5. (1) The User may use the Software solely for its commercial activities in managing and serving premises in hospitality, food, drink, cosmetics, spa services, and entertainment, including grocery, beverage and cosmetics shops, spa centres, restaurants, bars, nightclubs, cafés, and similar venues. Only the User's employees may use the Software in connection with its business.

(2) Any use outside this purpose, including use by non-employees or granting third parties access, is expressly prohibited without the Company's prior written consent.

Article 6. Use of the Software is territorially restricted exclusively to the country where the User is registered and conducts business as a legal entity.

Article 7. (1) The User may not transfer its rights and/or obligations, including the right to use the Software, to third parties in any manner without the Company's prior written consent. This applies to transfers of all or part of that right.

(2) The prohibition in paragraph 1 includes, without limitation:

1. transferring all or part of the right to use the Software to third parties, including related parties as defined in paragraph 1, item 3 of the Additional Provisions of the Bulgarian Tax and Social Insurance Procedure Code;

2. allowing and/or providing third parties access to the Software;

3. granting rights to use, distribute, or sublicense the Software.

(3) Transfers under this article without the Company's prior written consent are invalid and have no legal effect. The User remains fully responsible for all actions and consequences arising from an unauthorised transfer and assumes liability for any damage, loss, or claims, including acts and/or omissions of third parties benefiting from the transfer, as if they were its own.

Section III.

DURATION OF THE RIGHT OF USE

Article 8. (1) The Individual Agreement takes effect on the date it is signed by the parties and lasts for the term specified in it.

(2) On expiry of the term under paragraph 1, the Individual Agreement automatically renews for the same period unless either party objects in writing at least one month before the current term expires. This rule applies repeatedly but does not apply to Individual Agreements concluded for less than 1 (one) year.

Article 9. The User's right to use the Software begins on the date the Individual Agreement is signed or another date specified in it, as agreed by the parties.

Section IV.

SERVICE PACKAGES

Article 10. (1) The User's right to use the Software is exercised according to the relevant Service Package under Article 11.

(2) The User must comply with the relevant Service Package, the Individual Agreement, and these Terms and Conditions.

Article 11. The Service Packages under which the User receives the right to use the Software are described in Appendix No. 1.

Section V.

FINANCIAL TERMS

Article 12. (1) The User must make the following payments to the Company according to the chosen Service Package:

1. (Supplemented by Order of 13 January 2026.) Monthly Fee: the User pays a monthly fee based on the chosen Service Package and its Software services. It is calculated from the number of active Fiscal Devices specified by the User in the Software on the first day of the current month. During the Agreement, it cannot be lower than the fee for one (1) Fiscal Device, even if the User has specified no active Fiscal Device on that date.

The minimum Monthly Fee is payable while the Agreement remains in force because the Company provides Software access, maintenance, readiness to assist, and performance of contractual obligations, regardless of actual use.

2. Installation Fee: the User pays a one-off fee for Software installation and configuration and instructions for use, which are sent to the User by email.

3. The User may pay additional fees for further services agreed between the parties.

(2) Amounts payable by the User are specified in the Individual Agreement and depend on the chosen Service Package and additional services.

(3) If the User wishes to buy or rent hardware from the Company for using the Software, the price and terms are separately agreed in writing.

(4) (Supplemented by Order of 13 January 2026.) If the User has active Fiscal Devices on the first day of a month, the full Monthly Fee based on their number is payable for that month, regardless of how long they are used, whether their use stops during the month, or any other reason. If no Fiscal Devices are active on that day, the minimum fee under paragraph 1, item 1 is payable. The fee, calculated from devices active on the first day or the minimum fee as applicable, is payable in full in advance for the entire month, without reductions or adjustments for interrupted use or any other reason.

Article 13. (1) Monthly Fee payments are made by the seventh day of the current month. The Company issues the payment invoice within the same period.

(2) Any other payment without an agreed deadline must be made within 7 (seven) business days of the relevant invoice (pro forma or original), unless that invoice specifies another deadline.

(3) All payments must be made in Bulgarian lev or another currency specified in the Company's invoice, to the bank account most recently specified by the Company. The User bears all currency conversion costs, including bank charges, and must ensure that the full amount due is received by the User, without deductions or adjustments for conversion or associated charges.

(4) If the Bulgarian lev ceases to be legal tender during the Individual Agreement, the currency of outstanding and future payments changes prospectively from official introduction of the new currency, without express notice. All payments are deemed converted at the official European Central Bank exchange rate between the lev and the new currency on its introduction date, or another conversion rule established by law upon introduction, at the Company's choice.

(5) Failure or delay by the Company to issue an invoice is not a valid reason for delayed or missing payment. The User remains responsible for timely payment of all amounts, regardless of invoice issuance or receipt.

Article 14. (1) The User must pay all amounts due regardless of Software problems, defects, or malfunctions, connectivity, or other circumstances affecting its operation. The User is solely responsible for providing, maintaining, and ensuring the operation of hardware, a stable internet connection, and required system infrastructure. Problems arising from these circumstances cannot justify non-payment.

(2) The User may not withhold, reduce, delay, or offset payments because of hardware faults, Software problems, or circumstances caused by the User or third parties. These include unlawful or improper hardware or software use; unauthorised, outdated, or incompatible hardware or software; negligence; deactivated fiscal devices active on the first day of the month; unauthorised or unofficial systems; changes without the Company's prior written consent; internet, power, or infrastructure problems; and failure to implement Software updates, virtual security patches, or the Company's technical recommendations.

Article 15. (1) The Company may index all amounts payable by up to 10% (ten per cent) in each calendar year. Indexation may occur once or several times from the start of the year, with increases of up to 10%, to which the User expressly agrees in advance.

(2) If indexation exceeds 10% (ten per cent) within one calendar year, the User may terminate the Individual Agreement at the end of the month in which it notifies the Company in writing of its intention to terminate for that reason. The Company owes no damages, compensation, penalty, or similar payment for such termination.

(3) This indexation rule also applies in the circumstances under Article 13(4) and does not affect the Company's rights under paragraphs 1 and 2.

(4) The Company notifies the User of indexation under this article up to 14 (fourteen) days in advance.

Section VI.

RIGHTS AND OBLIGATIONS

Article 16. (1) The User is entitled to:

1. use the Software within the chosen Service Package and under the Individual Agreement and these Terms and Conditions;

2. Software Maintenance;

3. additional services outside the basic Service Package for additional payment, performed under a separate written agreement between the parties.

(2) The User must:

1. pay all amounts due, including Monthly Fees, Installation Fees, and additional service fees, under the Individual Agreement and these Terms and Conditions;

2. use the Software only as permitted by the Individual Agreement and these Terms and Conditions;

3. provide and maintain the hardware, connections, and system infrastructure necessary for correct Software operation;

4. ensure the security and accuracy of data entered into the Software and take all necessary measures against unauthorised access;

5. comply with Software update requirements, virtual security patches, and the Company's technical recommendations;

6. notify the Company immediately of Software problems affecting or potentially affecting normal operation and assist in resolving them;

7. ensure all Fiscal Devices are properly registered, functional, and compliant with applicable law, bearing all costs of providing and maintaining them;

8. conduct its business without damaging or endangering the Company's good name, business, or reputation and comply with applicable law;

9. follow the Company's instructions on using the Software.

Article 17. (1) The Company may:

1. demand and receive all payments under the Individual Agreement and these Terms and Conditions;

2. index prices under Article 15;

3. restrict Software access for non-payment and/or breach of these Terms and Conditions and/or the Individual Agreement, without owing penalties, compensation, refunds, or similar payments;

4. issue binding instructions on proper Software use;

5. update and modify the Software without limitation at any time as it considers appropriate, including design, colours, and functionality, without prior notice;

6. grant equivalent Software use rights to third parties, including the User's competitors or businesses in the same or other sectors;

7. inspect premises where the User uses the Software for unauthorised use without prior notice;

8. terminate Software access immediately on termination of the Individual Agreement for any reason, without any obligation to store, retain, or transfer information and data entered by the User.

(2) (Added by Order of 10 August 2026, effective from 12 August 2026.) The Software may support integrations with third-party services, including through APIs. The Company determines available integrations at its discretion and may change, suspend, or discontinue them at any time, including on ending its relationship with a provider, without breach or liability for damages, compensation, penalties, or fee reductions to Users or third parties. An integration is activated only at the User's request or with consent, including where the Company registers or applies with a provider on the User's behalf. By activation, the User instructs and expressly permits the Company to exchange information necessary for the integration, including information under Article 29 and data entered into the Software, and to process incoming provider data. Such data is treated as entered by the User under Article 16(2)(4) and Article 28; Section XI applies to personal data. Use of the integrated service is governed directly between User and provider under the provider's terms. The provider is not the Company's subcontractor, and the Company is not party to that relationship and gives no warranties or liability for the service, including availability, quality, functionality, pricing, legality, payments, or the provider's acts or omissions. The User has no claims against the Company for inability to use the service through the Software, including upon ending the integration or Individual Agreement.

(3) (Added by Order of 16 July 2026.) As an exception to paragraph 2, the Company may designate a provider for a specific integration as its subcontractor under an agreement between them. In that case, the Company is responsible for the provider's acts and omissions as its own under these Terms and Conditions, and Article 28(3) and (4) applies to personal data processed by the provider on the User's behalf. No additional agreement or document between the Company and User is required; the User consents in advance by accepting these Terms and Conditions.

Section VII.

INTELLECTUAL PROPERTY

Article 18. (1) The Software, including all components, modules, algorithms, code, documentation, interfaces, visual elements, texts, graphics, tables, images, other materials created using it, and all related present and future copyright, is exclusively owned by the Company. The User acknowledges that all Software rights, including copyright, patents, trademarks, trade names, trade secrets, and other intellectual property relating to the Software and/or the Company's business, belong exclusively to the Company.

(2) The right to use the Software is granted solely for commercial activities under these Terms and Conditions and the Individual Agreement. Other use requires the Company's prior written consent.

(3) The User must not take actions infringing the Company's Software rights, including copying, distributing, decompiling, reverse engineering, disclosing source code, attempting these actions, or any other use not expressly authorised by the Company.

(4) The User must comply with all Software system requirements and must not disassemble or decompile it, investigate or attempt to investigate its source code, structure, or architecture, copy it beyond operational needs, alter its code, delegate or transfer rights, or allow or assist third-party use without the Company's prior express written consent.

(5) The User must not use deep links, robots, bots, spiders, automated devices, programs, scripts, algorithms, methods, or equivalent manual processes to access, obtain, copy, or monitor any part of the Software, reproduce or bypass its navigation structure or presentation of functionality for any purpose, including altering accessible content or obtaining materials, documents, or information not intended for access. The User must not perform reverse lookups, track, or seek information about other Software users.

Article 19. (1) The Company reserves all rights to the Software, including distribution, modification, updating, adaptation, and licensing to third parties as it sees fit.

(2) The User may not use the Company's trademarks, logos, other distinctive signs, or copyrighted works relating to the Software or the Company's business without prior written consent.

Section VIII.

CONFIDENTIALITY

Article 20. (1) The User must use Confidential Information solely to fulfil its contractual obligations to the Company and may not disclose, distribute, or use it for any other purpose without prior written consent.

(2) During the legal relationship and for 5 (five) years after its termination for any reason, the User must not disclose Confidential Information to third parties in any manner without prior written consent and must throughout that period:

1. protect Confidential Information from use, publication, or disclosure unrelated to performance of the Individual Agreement;

2. not display, report, publish, transfer, disclose to third parties, or otherwise use any Confidential Information without the Company's prior express written consent;

3. not use all or part of Confidential Information for any purpose other than fulfilling the Individual Agreement and these Terms and Conditions, including unfair competition or gaining benefits for itself or third parties to the Company's detriment in activities that could compete with the Company's business;

4. strictly comply with all confidentiality safeguards imposed or required by the Company.

(3) The User has no confidentiality obligation for information that:

1. becomes public without breach of these Terms and Conditions, the Individual Agreement, or applicable law;

2. was already known to the User at disclosure, was not subject to confidentiality, and can be reliably evidenced as such;

3. was lawfully received from third parties without a confidentiality obligation;

4. was disclosed under law, regulation, a court decision, or an order of a competent authority. This does not remove the duty of subsequent confidentiality if it falls within Confidential Information.

(4) Upon termination, the User must return all Confidential Information, delete all stored copies, terminate access to the Software, and stop using it.

Section IX.

LIABILITY AND PENALTIES

Article 21. (1) Regardless of Software Maintenance, the Company does not warrant uninterrupted or error-free operation, security, or freedom from viruses or harmful elements. It is not responsible for costs of servicing or replacing the User's equipment or data resulting from use. Operation or access may be affected by hardware, software, system, connectivity, updates, maintenance, or other problems causing stoppages, interruptions, delays, or errors. The Company may change, revise, update, suspend, terminate, or otherwise modify the Software at any time, for any reason, as it sees fit, without notice.

(2) The Company is not liable for loss, damage, or inconvenience caused by inability to access or use the Software. These Terms and Conditions do not oblige it to provide fixes or updates.

(3) The Company is not liable for any damage, including lost profits or data; indirect, incidental, or consequential damage; loss of opportunities or reputation; data loss, corruption, or unauthorised access; unauthorised Software access; consequences of changes in law or regulatory requirements; or similar matters.

(4) The Company does not warrant the accuracy of websites accessed through Software hyperlinks and is not responsible for products, services, or information offered there.

(5) Alternatively, if any Company liability is established, it is limited to the total Monthly Fees paid by the User during the preceding 3 (three) months.

Article 22. (1) For each User breach of Article 5(2), Article 7, Article 18, Article 19, and/or Article 20, the Company may impose a penalty of ten thousand Bulgarian lev. It may also terminate the Individual Agreement immediately, without notice or liability for compensation or penalties, and seek additional damages exceeding the penalty, including reputational damage and/or lost business.

(2) For late payment, the User owes a penalty of 5% (five per cent) of the overdue amount for each day of delay from the due date. It accrues automatically without further notice.

(3) The User is fully responsible for acts, omissions, and/or breaches of related persons, including shareholders, directors, employees, counterparties, agents, partners, and others. The User must indemnify the Company against claims, damages, losses, or legal expenses arising from those persons' acts or omissions.

(4) The parties agree that these penalty amounts are fair, do not offend good morals, and are intended and will serve solely to compensate the Company.

Article 23. (1) If the User fails to fulfil any obligation under these Terms and Conditions and/or the Individual Agreement, including payment, or if actions potentially infringing the Company's or third parties' rights are identified, the Company may suspend Software access without notice for a period it determines and terminate the Individual Agreement. Suspension does not release the User from payment or other obligations.

(2) During suspension under this article, amounts due under the Individual Agreement and these Terms and Conditions remain payable.

(3) (Added by Order of 13 January 2026.) If the Individual Agreement is terminated through the User's fault, including non-payment to the Provider, the User owes the Provider a penalty equal to 3 (three) Monthly Fees, calculated from the last Monthly Fee payable.

Section IX.

TERMINATION OF THE AGREEMENT

Article 24. (1) The Individual Agreement terminates:

1. on expiry of its term;

2. on one month's notice from either party to the other;

3. in other cases provided by the Individual Agreement, these Terms and Conditions, or applicable law.

(2) (Amended and supplemented by Order of 13 January 2026.) If terminated at the User's initiative under paragraph 1, item 2, the User owes an early termination penalty equal to Monthly Fees from expiry of notice to the end of the Agreement's term, based on the last Monthly Fee payable, capped at 3 (three) Monthly Fees.

(3) For avoidance of doubt, termination of the Individual Agreement also terminates the User's right to use the Software.

Article 25. (1) Upon termination for any reason, the User must immediately:

1. cease all use of the Software and any other software, trademarks, marketing materials, information, or similar items relating to it or the Company's business;

2. return all Confidential Information, intellectual property, marketing materials, information, and documents relating to the Software or the Company's business;

3. pay all outstanding amounts, regardless of the termination date.

(2) Regardless of the reason for termination, Articles 18, 19, and 20 remain effective for 5 (five) years after termination.

Section X.

FORCE MAJEURE

Article 26. (1) Neither party is liable for non-performance or delay caused by Force Majeure.

(2) If Force Majeure affects the Software, the Company is not liable for resulting faults or interruptions or consequences for the User. It is not liable for inability to provide Software availability or functionality due to Force Majeure, including penalties, compensation, expenses, or similar payments.

(3) Force Majeure does not release the parties from paying amounts due under the Individual Agreement and these Terms and Conditions.

Section XI.

PERSONAL DATA PROCESSING

Article 27. (1) As a data controller, the Company processes personal data of individuals using the Software or representing or employed by the User under Regulation (EU) 2016/679 (General Data Protection Regulation) and applicable national law.

(2) Detailed information on personal data processing is provided in the Privacy Policy.

Article 28. (1) When entering third-party personal data into the Software, including employees', customers', or counterparties' data, the User must:

1. obtain prior, proper, valid consent from the individuals, including acceptance of the Privacy Policy where applicable, or ensure another valid legal basis under Article 6 of Regulation (EU) 2016/679 for providing data to the Company;

2. provide complete, understandable information about the Company's processing under Articles 13 and/or 14 of Regulation (EU) 2016/679;

3. comply with all data controller obligations when acting in that capacity towards third parties.

(2) The User is fully responsible for the lawfulness of personal data provided and must indemnify the Company against all claims, damages, fines, sanctions, expenses, or other adverse consequences arising from:

1. absence of valid consent or another legal basis for processing;

2. providing unlawfully collected data;

3. failure to inform data subjects, including failure to acquaint them with the Privacy Policy;

4. any other infringement of applicable data protection law committed by or attributable to the User.

(3) (Added by Order of 10 August 2026, effective from 12 August 2026.) Insofar as the Company processes data under paragraph 1 on the User's behalf, the User is controller and the Company processor under Article 28 of Regulation (EU) 2016/679. The subject matter and nature are technical storage and processing through Software functions to provide the Software for the Individual Agreement's duration. Data types and data subject categories depend on content entered and functions and integrations used. The User's controller rights and obligations are governed by paragraph 1, this article, and applicable law

(4) (Added by Order of 10 August 2026, effective from 12 August 2026.) The Company:

1. processes data only on the User's documented instructions, comprising the Individual Agreement, these Terms and Conditions, and the User's settings and activated functions and integrations, unless Union or Member State law requires processing, and informs the User if it considers an instruction contrary to applicable data protection law;

2. ensures persons authorised to process data undertake confidentiality obligations;

3. applies appropriate technical and organisational measures under Article 32 of Regulation (EU) 2016/679;

4. considering the processing's nature and where possible, helps the User respond to data subject requests and fulfil obligations under Articles 32–36 of Regulation (EU) 2016/679, including notifying the User of data breaches without undue delay.

Article 29. (1) Besides personal data, the Company collects and processes without charge other information generated or provided by the User, its employees, and/or end customers during everyday use of the Software. This may include business activity, financial transactions, goods and services, pricing, sales, transaction history, and similar data.

(2) The Company freely processes this information for various purposes, including those below, to which the User expressly consents by signing the Individual Agreement and/or accepting these Terms and Conditions under Article 2:

1. providing and maintaining Software functionality;

2. performing functions such as invoicing, transactions, customer service, contract management, and processing payments, goods, and services;

3. improving the Software through data analysis, performance evaluation, and functionality optimisation;

4. providing technical support and updates to ensure continuous operation and improvement;

5. monitoring and improving security and preventing unauthorised access or misuse;

6. providing information for business analysis, reporting, and similar purposes;

7. creating new functionality and improving the user experience;

8. complying with statutory, regulatory, or contractual obligations, including accounting and audit;

9. creating and sending marketing materials, information, surveys, and communications about Software features and improvements;

10. assessing and improving User and third-party satisfaction through surveys, reviews, and other feedback;

11. assessing and managing financial risk, including fraud prevention and credit risk assessment for Software transactions.

(3) The parties agree and confirm that information under paragraph 1 constitutes data within Article 4, item 4 of the Copyright and Related Rights Act.

Article 30. (1) By signing the Individual Agreement, the User expressly consents to marketing messages, information, newsletters, event invitations, new product or service proposals, offers, other information about the Software and/or Company's business, and advertising through email, mobile apps, or other electronic means. Consent may be withdrawn at any time using the message's opt-out mechanism or by written notice to the contact email address.

(2) The User expressly consents to the Company or its authorised persons remotely accessing software, hardware, systems, infrastructure, or similar resources owned or used by the User where necessary for Software installation, Maintenance, updates, troubleshooting, corrections, or similar purposes.

(3) If data subjects, administrative, supervisory, judicial, or other authorities, institutions, or third parties make requests, complaints, or investigations concerning data entered by the User, the User agrees that the Company may fully cooperate and must assist the Company, including by providing documents, evidence, and written explanations.

Section XII.

FINAL PROVISIONS

Article 31. (1) The User declares that, on acceptance, it is fully familiar with all Software functionality, features, uses, design, colours, and similar characteristics. It understands them and accepts the Software as it exists, without claims concerning them.

(2) The User agrees not to make claims concerning the Software, including dissatisfaction with functionality, design, or colours, or later discovery of missing features. The User may not refuse payment even if it later decides that functions, design, colours, or other characteristics do not meet its expectations or preferences.

(3) The User confirms receiving sufficient information about Software functions and having had the opportunity to review and understand all terms and features, and expressly accepts all terms of provision.

(4) (Added by Order of 1 October 2025.) The User acknowledges and understands its obligation under Article 118(1) of the Bulgarian Value Added Tax Act (VAT Act): every person, whether VAT-registered or not, must record and report supplies/sales at commercial premises by issuing a fiscal receipt from a fiscal device or a system receipt from an integrated automated business management system. When selling through the Software, the User must issue the relevant receipt compliant with applicable tax and regulatory law. The Software's informational receipt function is exclusively for internal purposes and cannot replace receipts or fiscal documents required for each sale. An informational receipt is not a fiscal document and cannot replace a legally required fiscal receipt. The User must ensure staff understand and are trained on this distinction and comply with tax and regulatory requirements. The User bears sole responsibility for violations identified in tax or regulatory inspections, including fines, sanctions, and other legal consequences. The Company, as Software provider, expressly disclaims liability for misuse of informational receipts in relation to tax or fiscal obligations. The User assumes all risks and responsibility for incorrect Software application, including tax and other regulatory infringements.

Article 32. (1) The Company may unilaterally amend and/or supplement these Terms and Conditions at any time. It notifies the User of the updated version and publishes it at www.hype-software.com or within the Software, which the User agrees constitutes proper notice.

(2) Amendments and supplements take effect on publication unless otherwise specified and bind both parties from that date.

(3) The User must periodically check the Company's website for changes and is fully responsible for being informed of the content and current version.

(4) Continued use after publication of an updated version constitutes express acceptance of the changes without further written or electronic confirmation.

Article 33. (1) All communications, notices, documents, invoices, and papers relating to the Individual Agreement and these Terms and Conditions must be in writing. Email satisfies this requirement when sent as follows:

1. To the Company: [email protected]; and

2. To the User: the email address specified in the Individual Agreement.

(2) All communications, notices, documents, invoices, and papers sent by email are deemed received upon arrival in the mailbox. Parties must immediately notify each other of address changes. Until notification, items sent to the old address are deemed properly sent and received.

(3) The parties agree that communications sent under paragraph 1 are duly electronically signed, binding, and satisfy the written-form requirement.

Article 34. (1) The parties may sign the Individual Agreement on paper by hand, by qualified electronic signature, electronic signature, or advanced electronic signature, including through electronic document-signing platforms.

(2) The parties agree that electronic and advanced electronic signatures have the same legal effect as handwritten signatures.

Article 35. If any provision of these Terms and Conditions and/or the Individual Agreement is declared null, voidable, or invalid, all remaining provisions remain fully effective. Statutory provisions replace the invalid term. On learning of the invalidity, the parties agree to replace it immediately with a provision as close as possible in meaning and purpose.

Article 36. (1) Matters not covered by these Terms and Conditions are governed by applicable Bulgarian law.

(2) The parties will endeavour to resolve amicably, through negotiation, disputes, disagreements, claims, or differences arising from or relating to the Individual Agreement and these Terms and Conditions.

(3) If amicable resolution is unsuccessful, all such disputes, including those concerning existence, breach, termination, or invalidity, will be referred for final resolution to the Bulgarian court with subject-matter jurisdiction in Ruse.

Article 37. The following appendices form an integral part of these Terms and Conditions:

1. Appendix No. 1: Service Packages; and

2. Appendix No. 2: Software Maintenance.

Appendix No. 1

SERVICE PACKAGES

I. Standard Service Package

1. The Standard Service Package includes the following User rights and services:

1.1. Software use: The User receives a non-exclusive, non-transferable, time-limited, and restricted right to use all Software functionality, including updates and versions provided during the Individual Agreement.

1.2. Software installation: The Company provides initial installation and all necessary configuration, including instructions sent to the User by email.

1.3. Software Maintenance: Includes Software Maintenance under Appendix No. 2 to the Terms and Conditions for use of hype Software.

1.4. Training: Includes initial training in the Software's main functions.

1.5. Upgrades and updates: Where possible, includes periodic Software upgrades and updates that may provide new functionality, improvements, and security fixes.

Appendix No. 2

SOFTWARE MAINTENANCE

1. Scope of Software Maintenance:

At the Company's discretion, Software Maintenance may include diagnostics, technical troubleshooting, updates, advice on use, and, where necessary, on-site intervention for hardware components connected to the Software.

2. Free Software Maintenance:

Free maintenance covers problems that can be resolved remotely, including questions about use, configuration, or other basic issues.

The User may report problems to the Company's call centre by phone, email, or the contact form at www.hype-software.com. The problem is then assigned to the appropriate team.

Contact phone: +359 2 400 5505

Email address: [email protected]

3. On-site technical support:

Problems that cannot be resolved remotely, such as hardware problems or complex technical faults, may require an on-site visit.

On-site visits, troubleshooting, or hardware replacement, such as cash registers, printers, or cables, are charged separately to the User, including the service and the hardware, materials, consumables, and other items needed.

4. Payment for additional services:

Services outside free maintenance, including on-site visits and replacement of hardware or supporting infrastructure, are charged separately as agreed in the Individual Agreement or another written agreement.

5. Software Maintenance exclusions:

The Company may refuse Software Maintenance for:

- Problems caused by improper Software use by the User or third parties.

- Problems involving missing internet connectivity, faulty or missing hardware, or outdated software.

- Breach of the Individual Agreement, Terms and Conditions, or Privacy Policy.

6. Call centre and working hours:

The Company will endeavour to have its call centre receive calls 24 hours a day, 7 days a week, allowing Users to report problems at any time and receive help with general questions, configuration, or technical issues resolvable remotely.

On-site support is provided on business days from 09:00 to 20:00. Where possible, visits outside these hours or on non-working days may be arranged in advance with the User.

7. Problem categories and response times: