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Terms of service

INXY PL Sp. z.o.o., Hoza street, 86, office 210, 00-682, Warsaw, Poland

Effective from: 20.05.2024

§ 1. GENERAL PROVISIONS

  1. These Terms and Conditions govern the use of the INXY Platform available at address: https://inxy.io, as well as the provision of services, through the Platform, by electronic means by the Provider: Inxy PL Sp.z.o.o. with registered office in Hoza street, 86/210, Warsaw, Poland, 00-682, for which District Court for the capital city Warsaw in Warsaw, XII Commercial Division of the National Court Register maintains registration files under the following number: 0001010901, NIP (tax identification number): 7011123359, REGON (statistical identification number): 524094544 with the share capital of 5.000,00 PLN, with status of micro entrepreneur within the meaning of the Act on combating excessive delays in commercial transactions of 8 March 2013.
  2. The activities of the Provider are subject to compulsory registration in the register of virtual currency activities, referred to article 129m Act on Combating Money Laundering and the Financing of Terrorism of 1 March 2018. The Provider has a current registration in the register under number RDWW-596, dated 16.01.2023. The register is kept by the Director of the Tax Administration Chamber in Katowice, the current status of which is available at:
    https://www.slaskie.kas.gov.pl/izba-administracji-skarbowej-w-katowicach/zalatwianie-spraw/rejestr-dzialalnosci-w-zakresie-walut-wirtualnych
  3. The Provider is an obliged institution within the meaning of article 2(1)(12) of the Act on Combating Money Laundering and the Financing of Terrorism of 1 March 2018 therefore applies measures and undertaking procedures to counter money laundering and terrorist financing.
  4. Each User is required to comply with these Terms and Conditions upon actions to use the Services.
  5. The User is obliged to read these Terms and Conditions. Acceptance of the Terms and Conditions is voluntary, yet it is a necessary condition for using the INXY Platform.
  6. The activity of the Provider does not consist of:
    1. payment services as defined by the Payment Services Act of 19 August 2011 (in this context, the Provider uses the services of licensed Payment Providers);
    2. management of FIAT assets, including FIAT deposits;
    3. management of other financial instruments;
    4. investment or investment advisory or similar activities;
    5. the activity of investing assets collected by means of a proposal to conclude an agreement to participate in any venture;
    6. collecting payment means (FIATs) and putting User’s assets at investment risk.
  7. Service Provider contact details:
    1. Correspondence address: Hoza street, 86/210, Warsaw, Poland, 00-682
    2. Email: [email protected]
    3. Phone number: +48571788225

§ 2. DEFINITIONS

  1. Provider - Inxy PL Sp.z.o.o. with registered office in Hoza street, 86/210, Warsaw, Mazowieckie province, 00-682, for which District Court for the capital city Warsaw in Warsaw, XII Commercial Division of the National Court Register maintains registration files under the following number: 0001010901, NIP (tax identification number): 7011123359, REGON (statistical identification number): 524094544 with the share capital of 5.000,00 PLN;
  2. Terms and Conditions - this document defining the terms and conditions of use of the Services;
  3. Platform - a website available at: https://inxy.io, through which Services regulated by these Terms and Conditions are provided;
  4. Services - digital services within the meaning of Article 2(5a) of the Consumer Rights Act of 30 May 2014, in particular services provided electronically by Provider through Platform, described in these Terms and Conditions, in particular in §4 and §5.
  5. Device - an electronic device that allows data to be processed, received, and sent such as a smartphone, tablet, and mobile phone;
  6. User/Users - means an any entity/entities who can benefit from the Services provided electronically in accordance with the law, or with whom a contract for the provision of electronic services may be concluded;
  7. The Act - The Act on Combating Money Laundering and the Financing of Terrorism of 1 march 2018
  8. AML/KYC - the User's authentication activities made in order to use Services, in particular by providing the data required by the Act. These activities are performed in order to determine the scope of financial security measures appropriate for a given business relationship or transaction and to assess the risk related to counteracting money laundering and terrorist financing, taking into account specific types of risk;
  9. User Account - a User-assigned set of resources and entitlements within Platform that contains the information necessary for User authorisation and enables the use of the service.
  10. Payment Means/FIATs - fiduciary or digital currency issued by the NBP (National Bank of Poland), foreign central banks or other public administrations that are legal tender.
  11. Virtual Currencies - digital representations of value within the meaning of Article 2(2)(26) of the Act;
  12. Transaction - a virtual currency operation ordered by the User, being a Service within the meaning of herein Terms and Conditions;
  13. Wallet Address - electronically maintained set of identification data withing the meaning of the Article 2(2)(17)(e) of the Act, providing ability to use, store and transfer Virtual Currencies.
  14. Payment Providers - licensed entities that process payment means, payments, or transfers in favour of the Provider in order to deliver FIAT currencies to the recipient.
  15. External Providers - third parties that provide content available through Platform's website consisting particularly of offers, games, surveys and advertising;

§ 3. ACCESS AND USE OF THE SERVICES

  1. The Services provided through the Platform include the ability to conduct Transactions using Virtual Currencies, specifically:
    1. FIAT to Virtual Currency exchange and reverse;
    2. Exchange between Virtual Currencies;
    3. Virtual Currencies payments (including donations, mass payments, standing orders);
    The Provider bears no liability for the misuse of Services in violation of these Terms and Conditions.
  2. The specifics of these Services are detailed in §4 and §5. The Provider reserves the right to add other services to the Platform.
  3. The Provider will provide Services in accordance with these Terms and Conditions.
  4. The Platform is accessible to all Users of Devices with an internet connection via the website https://inxy.io. To use the Services, the User must correctly enter the website address and navigate to it on their Device.
  5. Services are available 24 hours a day, 7 days a week, at the individual user's request, i.e., by visiting the platform.
  6. The use of services may be restricted in certain territories. The Provider offers access to services in accordance with local laws and does not permit the use of Services by Users in Cuba, Iran, Israel, Iraq, South Korea, Sudan, South Sudan, Syria, the Russian Federation, Pakistan, Nigeria, India, Indonesia, Benin, and others indicated in Sanction Lists.
  7. The Provider reserves the right to choose, limit, or cease providing services in a specific jurisdiction at any time, subject to prior notification of such intention.
  8. The Platform, including all materials, information, and solutions contained within, the selection and arrangement of content, logos, graphic elements, trademarks, are the exclusive property of the Provider or its business partners.
  9. For the Platform to function correctly, User must connect their Device to the internet via mobile network data or a Wi-Fi network.
  10. Upon agreement to these Terms and Conditions, a contract for the provision of electronic services is established between the Provider and the User. The contract is indefinite.
  11. Before using the Services and initiating Transactions, the User is required to accept these Terms and Conditions through electronic signature, facilitated by an e-Sign service approved by the Provider. The moment of signing is recognized as the formal acceptance of the Terms and Conditions.
  12. Users must use the Platform in compliance with applicable laws, Terms and Conditions, licenses, terms and conditions of the websites and payment providers, principles of social coexistence, general rules for internet and website use, and respecting the rights of third parties, Payment Operators, External Providers, and the Provider.
  13. Specifically, the User must use the Platform in a way that does not disrupt its operation, disturb other Users or the Provider, and respect the personal interests and rights of third parties, including privacy rights. Users must also only use the information and materials made available through the Platform for authorized uses and under the License.
  14. Both the User and the Provider can terminate the contract for the provision of electronic services at any time, without stating a reason. A termination notice can be submitted in writing or via email to [email protected] and will take effect upon receipt by the other party.
  15. The use of Devices with modified operating systems, especially those running software that causes the Platform to malfunction, is not allowed. In the event of use such a device, the Provider may implement the measures indicated in § 3(17) until the User ceases to use that Device.
  16. Users must immediately notify the Provider of any violation of their rights related to the use of Services. Notifications can be sent via email to: [email protected]
  17. If a User is found to have committed any unlawful acts, violated these Terms and Conditions, or broken rules of social coexistence or the Provider's legitimate interests, the Provider may take any legal action, including limiting or preventing the user's use of the platform and its services.
  18. The Provider, as part of its cooperation with External Providers, may make various services and websites available to Users within the Platform. The rules governing the provision of services electronically through these websites are specified in the respective terms and conditions of those websites or services. The use of the services or websites offered requires that the respective terms and conditions be reviewed and accepted. In the event of any discrepancies between these Terms and Conditions and the terms and conditions of particular websites or services, the terms and conditions of those websites shall apply. Any matters not addressed in the terms and conditions of particular websites or services shall be governed by these Terms and Conditions.
  19. The Provider bears no liability for the use of Services in a manner that contradicts these Terms and Conditions.

§ 4. GENERAL TERMS OF SERVICES

  1. Exchange Services are the default services of the Platform. Exchange Service may specifically consist of an exchange of FIAT for Virtual Currency, or vice versa, and exchange between Virtual Currencies.
  2. As part of the purchase or sale of Virtual Currencies, Users have the option to choose a type of Virtual Currency for their Transaction.
  3. The Provider reserves the right to change the list of available Virtual Currencies. Therefore, the ability to execute a specific Transaction depends on the availability of a specific Virtual Currency.
  4. To use a particular type of Transaction, Users are required to select a specific type of Service, indicate the amount for the Transaction, and choose the deposit and withdrawal method.
  5. The available forms of deposits and withdrawals may change according to current availability. The Platform may offer various forms of deposits and withdrawals, including bank transfers, Visa or MasterCard, and Virtual Currency transfers.
  6. To use the exchange service, Users are required to:
    1. Select the type of Transaction
    2. Indicate the amount of the Transaction
    3. Choose the type of Virtual Currency
    4. Specify the Wallet Address
    5. Confirm the data entered and accept the displayed consents and statements
    6. Make a payment in accordance with the selected type of Transaction
  7. Users are obliged to register an account on the Platform. To register, it is necessary to carry out authentication operations, which consist of establishing a login, a password, providing an email address, and performing AML/KYC verification in accordance with the information displayed on the Platform.
  8. The Transaction is carried out according to the rate determined at the time the Virtual Currency exchange transaction order is initiated. The Provider reserves the right to determine the exchange rates of virtual currencies.
  9. The use of the Virtual Currency exchange service involves fees. The Provider charges fees for the currency exchange services in the form of:
    1. A commission from the Platform, which is included in the currently displayed Virtual Currency exchange rate;
    2. Transaction costs of a specific Virtual Currency network, which are included in the displayed amount of Virtual Currencies that a User buys or sells.
  10. The Provider reserves the right to specify that the transaction costs for the purchase and sale of virtual currencies are not fixed. The total amount depends on the current situation of the network responsible for the functioning of the respective Virtual Currency.
  11. As part of each Transaction, Users are informed of the total amount of the Transaction, including the fees referred to in § 4 (9). The Transaction amount is valid for 15 minutes from the start of the Transaction process.
  12. In accordance with the Act, the Provider may request additional information from the User. The KYC procedure is carried out during account registration and each time for transactions exceeding the threshold of 1,000 EUR or when establishing a permanent business relationship with a User.
  13. The Provider reserves the right to limit the amount of a single transaction.
  14. Users shall be liable for incorrect data provided during the Transaction, registration, or KYC/AML procedures. Incorrect information may result in the inability to execute Transactions.
  15. In line with European regulations and our duty to monitor blockchain transactions, Provider reserves the right to block funds, when the source of such funds is detected as high risk or illicit.
  16. The merchant/User is responsible for ensuring due diligence on their clients in order to prevent facilitating services for illicit purposes.
  17. Transaction withdrawals from exchange services and Wallet Addresses are provided by the Provider.
  18. FIAT payments are carried out by Payment Providers. The Provider reserves the right to change the Payment Provider.
  19. The Provider shall not be liable for risks associated with exchange rate fluctuations on which the market value of the Virtual Currency sold or purchased depends.

§ 5. VIRTUAL CURRENCY PAYMENTS

  1. Virtual Currency payments are: Virtual Currency transfers, donations, mass payments, and standing orders. The Provider notes that these do not include FIAT payment services.
  2. Under specific Virtual Currency payment types, the Provider gives Users the opportunity to:
    1. Perform Virtual Currency transfers between Wallet Addresses (including payments for goods and services via a payment gate, API, and dedicated payment links);
    2. Accept Virtual Currency donations;
    3. Perform mass Virtual Currency payments (including many single transfers to different Wallet Addresses simultaneously);
    4. Set standing orders as scheduled (fixed dates) Virtual Currency transfers between Wallet Addresses.
  3. As part of Virtual Currency payments, the Provider supplies Transaction and User's Wallet Address.
  4. In order to undertake a Virtual Currency payment, the Platform provides the User with the data for such payment. The data for a Virtual Currency payment include the amount and the Wallet Address to which the payment has to be made.
  5. After the payment as referred to in §5 (2)(1) has been made, the Provider transfers the payment confirmation to the merchant in order to process the order.
  6. The Provider reserves the right to change the list of available Virtual Currencies. Therefore, the ability to execute a specific Virtual Currency payment depends on the availability of a specific Virtual Currency.
  7. The transaction is carried out according to the rate determined at the time the Virtual Currency payment order is initiated. The Provider reserves the right to determine the exchange rate of Virtual Currencies.
  8. The use of the Virtual Currency payment service involves fees. The Provider charges fees for the currency exchange services in the form of:
    1. A commission from the Platform, which is included in the currently displayed Virtual Currency exchange rate.
    2. Transaction costs of a specific Virtual Currency network, which are included in the displayed amount of Virtual Currencies that a User buys or sells.
  9. The Provider reserves the right to specify that the payment costs are not fixed. The total amount depends on the current situation of the network responsible for the functioning of the respective Virtual Currency.
  10. As part of each payment, Users are informed of the total amount of the payment, including the fees referred to in § 5 (8). The payment amount is valid for 15 minutes from the start of the payment process.
  11. In accordance with the Act, the Provider may request additional information from the User. The KYC procedure is carried out during account registration and each time for payments exceeding the threshold of 1,000 EUR.
  12. The Provider reserves the right to limit the amount of a single transaction.
  13. Users shall be liable for incorrect data provided during the payment, registration, or KYC/AML procedures. Incorrect information may result in the inability to execute the payment.
  14. In line with European regulations and our duty to monitor blockchain transactions, Provider reserves the right to block funds, when the source of such funds is detected as high risk or illicit.
  15. The merchant/User is responsible for ensuring due diligence on their clients in order to prevent facilitating services for illicit purposes

§ 6. COMPLAINTS

  1. Complaints regarding Services or the operation of the Platform, as well as questions regarding the use of Services, should be addressed to the Provider at: [email protected]
  2. A complaint should include: a detailed description and reason for the request, and the User's contact details.
  3. Within 14 days of receipt, the Provider will investigate the complaint and inform the User of the investigation result. This time limit may be extended if the investigation of a given complaint requires special and/or unique information or if the Provider encounters difficulties outside their control or needs to obtain additional information from the User. The time taken by the User to provide additional information will extend the time taken to investigate the complaint.
  4. The Provider will send a reply to a complaint to the e-mail address from which the complaint was received.
  5. If a User submits an email complaint, they agree to receive a response from the Provider in the same form.
  6. The User's use of out-of-court means of complaint investigation and claim assertion is voluntary.
  7. Users who are consumers have the additional right to seek dispute resolution via the EU ODR platform available at http://ec.europa.eu/consumers/odr/.
  8. The Provider reserves the right not to respond to a complaint that is clearly unfounded, particularly in cases where the complaint has already been processed in respect of the User concerned.
  9. The right of revocation of a concluded contract is excluded based on Article 38(13) of the Consumer Rights Act of 30 May 2014, due to the provision of digital services by the Service Provider that are not recorded on a tangible medium and the fulfillment of which has begun with the User's express consent before the expiry of the revocation period and after informing the User of the loss of the right of revocation.

§ 7. PROVIDER'S LIABILITY

  1. The Provider maintains ongoing supervision of the technical functioning of the Platform, aiming to ensure that it operates correctly. However, the Provider does not guarantee continuous availability of all services on the Platform or their error-free functioning.
  2. Users use the Platform on a voluntary basis and at their own risk. The Provider's liability for any damage caused by the use of the Platform, particularly for non-functioning and malfunctioning, is excluded to the fullest extent legally permissible.
  3. The Provider is not responsible for any restrictions or technical problems in the information and communication systems used by Users' Devices that prevent or limit Users from using the Platform and the Services it offers.
  4. There may be interruptions in the functioning of the Platform due to technical reasons. Users shall have no claims in connection with such interruptions or the cessation of Services provided.
  5. The Provider has the right to block access to the Platform or specific services in the event of any irregularities in the use of the Platform, particularly under circumstances that could harm the User, Payment Operators, External Providers, or the Provider.
  6. The Provider is not responsible for temporarily suspending access to the Platform for the period necessary to remedy the risks or irregularities.

§ 8. PERSONAL DATA PROCESSING

  1. The Provider, i.e. Inxy PL Sp.z.o.o. with registered office in Hoza street, 86/210, Warsaw, Poland, 00-682, for which District Court for the capital city Warsaw in Warsaw, XII Commercial Division of the National Court Register maintains registration files under the following number: 0001010901, NIP (tax identification number): 7011123359, REGON (statistical identification number): 524094544 with the share capital of 5.000,00 PLN, is the Controller of the personal data.
  2. Personal data shall be processed in accordance with the provisions of the 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 the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as "GDPR"), the Act of 10 May 2018 on the protection of personal data and the Act of 18 July 2002 on the provision of services by electronic means.
  3. The Controller is committed to ensuring appropriate technical and organisational measures are in place to secure the personal data being processed. These measures are designed to prevent unauthorized third parties from accessing the data or processing them in violation of generally applicable laws, and to prevent the loss, damage, or destruction of such personal data.
  4. The detailed rules for the processing of personal data are outlined in the Privacy Policy available at https://inxy.io/privacy-policy, which forms an integral part of these Terms and Conditions.

§ 9. AML/KYC

  1. The Provider, as an obligated institution within the meaning of the Act or for the implementation of internal Anti-Money Laundering (AML) procedures, may require additional verification from Users of the Platform.
  2. Specifically, the verification procedure may require additional data, such as:
    1. Personal data confirmed by an identity document;
    2. Documentation of the source of funds;
    3. Other data required by the Provider.
  3. Failure to provide the requested data may result in the suspension of the transaction and, consequently, in the refusal of the transaction.
  4. Transactions are verified in accordance with the current requirements of the Act as well as the Provider's own AML procedure.
  5. The Provider informs that it utilizes safeguards and technical solutions to monitor the transactions carried out by the Users to prevent circumvention of the Act.
  6. Entities that cooperate with the Provider as part of the Services provided on the Platform may verify the User to the extent specified in the relevant international acts on counteracting money laundering and terrorist financing (AML). Pursuant to the legal requirements, the entity performing such verification may perform it again in the event of statutory requirements, also in accordance with the internal security procedure.

§ 10. FINAL PROVISIONS

  1. The Provider reserves the right to temporarily or permanently cease or limit the activity of the Platform. Specifically, the Provider is entitled to conduct maintenance work on the Platform to restore the security and stability of the system. Consequently, the User acknowledges and accepts that he/she has no claims regarding such interruptions or restrictions of access to the Platform.
  2. The Provider has the right to amend the Terms and Conditions at any time. In such an event, the Provider will inform the User about changes to the Terms and Conditions by sending a notification to his contact email.
  3. If any of the provisions contained herein are legally invalid or incomplete, it does not mean that the entire Terms and Conditions are legally void. Such provisions shall be replaced with those that best reflect their meaning and purpose.
  4. The content of these Terms and Conditions, as well as any disputes between the Provider and the User, shall be governed by Polish law.