Terms of service
INXY PL Sp. z.o.o., Hoza street, 86, office 210, 00-682, Warsaw, Poland
Last revised: 10 March 2023
§ 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 Warsaw (00 – 682), Hoża 86/210 Street, 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:
- 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 an 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. These Terms and Conditions are available to Users at https://inxy.io/terms-of-service and are made available in electronic form on the Provider’s website in such a way that Users can download these Terms and Conditions on a durable medium.
- 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 within the meaning of the Payment Services Act of 19 August 2011 (in this regard, Provider uses the services of licensed Payment Providers);
- 2) FIAT’s assets management, including FIAT’s 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: Hoża St. 86/210, 00-682 Warsaw
- 2) E-mail address: [email protected]
- 3) Phone number: +48571788225
§ 2. DEFINITIONS
- 1. Provider - INXY PL Sp. z o.o. with registered office in Warsaw (00 – 682), Hoża 86/210 Street, 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 - means an entity to the benefit of whom Services may be provided by electronic means in accordance with the law or with whom a contract on the provision of services by electronic means 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 - a series of characters of an electronic identification data set offering the authorised Users to hold, store and transfer Virtual Currencies.
- 14. Payment Providers - a licenced entities which processes payments means’ payments or transfers in favour of the Provider in order to provide FIATs to 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. Services provided through Platform consists in the possibility to carry out 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);
- 2. Services are regulated in detail in § 4 and § 5. Provider reserves the right to add other Services to Platform. 3. Provider shall provide Services in accordance with these Terms and Conditions.
- 4. Platform is available to all the Users of Devices with an Internet connection via website https://inxy.io . In order to use Services, the User must correctly enter the website address and go to this address on Device.
- 5. Services are provided 24 hours a day, 7 days a week, at the User's individual request. i.e. visiting Platform.
- 6. The use of Services may be territorially restricted. Provider offers access to Services in accordance with local laws. Provider does not allow for the use of the Services by the Users under the jurisdiction of: Cuba, Iran, Israel, Iraq, South Korea, Sudan, South Sudan, Syria, Russian Federation, Pakistan, Nigeria, India, Indonesia, Benin and other indicated in Sanction Lists.
- 7. Provider reserves the right to choose, limit or refuse to provide services in a specific jurisdiction at any time.
- 8. Platform and all the materials, information and solutions contained therein, as well as the selection and arrangement of content presented within Platform, logos, graphic elements, trademarks, constitute the subject of exclusive rights of Provider or its business partners.
- 9. In order to start and run Platform correctly, the User needs to connect their device to the Internet by activating the mobile network data or Wi-Fi network.
- 10. Upon agreement to these Terms and Conditions, a contract on the provision of services by electronic means is entered into between Provider and User. The contract is concluded for an indefinite period of time.
- 11. Acceptance of Terms and Conditions by User is required before using Services and ordering Transactions. User declares that he/she accepts Terms and Conditions by ticking the appropriate check box. The moment of acceptance of Terms and Conditions by User is considered to be the moment of marking relevant checkboxes by the User before using Services.
- 12. Users are required to use Platform in a manner consistent with the applicable laws, Terms and Conditions, licences, terms and conditions of the websites and providers and payment providers, as well as with the principles of social coexistence, including general rules for the use of the Internet and websites, and respecting the rights of third parties, Payment Operators, External Providers and Provider.
- 13. In particular, User is required to use Platform in such a manner that it does not disturb the operation of Platform, is non-disruptive to other Users and Provider, and respects the personal interests of third parties (including the right to privacy) and any other rights vested in them. Additionally, User is required to use all the information and materials made available through Platform only for the authorised use and under the Licence.
- 14. Both User and Provider shall have the right to terminate the contract on the provision of services by electronic means at any time, without giving any reason. A declaration of termination may be submitted in writing or via e-mail to: https://inxy.io and shall take effect upon its receipt by the other party.
- 15. The use of Devices with a modified operating system, in particular adverse software resulting in the malfunction of Platform, is not permitted. In the event of their use by User, Provider is entitled to apply the measures indicated in § 3(17) until User ceases to use such Device.
- 16. Users are required to immediately notify Provider of any violation of their rights in connection with the use of Services. Notifications may be sent via email to: [email protected]
- 17. If it is determined that User has committed any unlawful acts or violation of these Terms and Conditions, or any acts violating the rules of social co-existence or the legitimate interest of Provider, he may take any legal action, including limiting or preventing the use of Platform and the services provided through it by User.
- 18. Provider, as part of its cooperation with External Providers, may make different services, websites available to Users within Platform. The rules governing the provision of services by electronic means 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. All matters not settled in the terms and conditions of particular websites or services shall be subject to these Terms and Conditions.
- 19. Provider shall bear no liability for the use of Services in a contrary manner to these Terms and Conditions.
§ 4. GENERAL TERMS OF SERVICES
- 1. Exchange Services are default Platform’s services. Exchange Service may consist specifically of an exchange of FIATs for Virtual Currency or reverse and exchange between Virtual Currencies.
- 2. As part of purchase or sale of Virtual Currencies, User has the option of choosing a type of Virtual Currency as part of Transaction.
- 3. Provider reserves that the list of available Virtual Currencies may change. Therefore, the possibility to perform a specific Transaction depends on the availability of a specific Virtual Currency.
- 4. In order to use a particular type of Transaction, User is required to select a particular type of Service, indicate the amount of Transaction and the deposit and withdrawal method.
- 5. Available forms of deposits and withdrawals may change according to current availability. Platform makes available various forms of deposits and withdrawals including: bank transfers, Visa card or MasterCard, Virtual Currency transfers.
- 6. In order to use the exchange service, User is required to:
- 1) select the type of Transaction
- 2) indicate the amount of the Transaction;
- 3) choose the type of Virtual Currency
- 4) indicate Wallet Address;
- 5) confirm the data entered and accepts the displayed consents and statements;
- 6) make payment in accordance with the selected type of Transaction;
- 7. User is obliged to register an account on Platform. In order to register, it is necessary to carry out the authentication operations consisting in the establishment of a login, a password and the provision of an email address, as well as to carry out AML/KYC verification in accordance with the information displayed on Platform.
- 8. The transaction is carried out according to the rate, determined at the time the Virtual Currency exchange transaction order is initiated. Provider reserves the right to determine the exchange rate of virtual currencies.
- 9. The use of the virtual currency exchange service involves fees. Provider charges fees for the currency exchange services in the form of: 1) Platform's commission, which is included in the currently displayed Virtual currency exchange rate; 2) Transaction costs of a particular Virtual Currency network, which are included in the displayed amount of Virtual currencies that User buys or sells.
- 10. Provider reserves that the transaction costs for the purchase and sale of virtual currencies are not fixed. 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, User is informed of the amount of the transaction, i.e. including the fees referred to in § 4 (9). The transaction amount is valid for 15 minutes from the start of the transaction process.
- 12. Provider, in accordance with the Act, may request additional information from the User. The KYC procedure is carried out during account registration and each time for transactions exceeding the 1.000 EUR threshold or establishing permanent business relationship with User.
- 13. Provider reserves the right to limit the amount of a single transaction.
- 14. User shall be liable for incorrect data during the transaction, registration or KYC/AML procedures. Incorrect information may result in particular inability to carry out transactions.
- 15. Transaction withdrawals from exchange services and Wallet Addresses are provided by Provider.
- 16. FIATs payments are carried out by Payment Providers. Provider reserves the right to change Payment Provider.
- 17. 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, in particular: Virtual Currency transfers, donations, mass payments and standing orders. Provider reserves that none of heretofore includes FIAT payment services.
- 2. Under specific Virtual Currency payment type, Provider shall give User the opportunity to:
- 1) perform Virtual Currency transfer between Wallet Addresses (including payments for goods and services via 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 at the same time);
- 4) set standing orders as scheduled (fixed dates) Virtual Currency transfers between Wallet Addresses.
- 3. As part of Virtual Currency payments, Provider supplies Transaction and User’s Wallet Address.
- 4. In order to undertake Virtual Currency payment, Platform provides User with the data for such payment. The data for virtual currency payment include the amount and Wallet Address to which the payment has to be made.
- 5. After payment referred to in §5 (2)(1) has been made, Provider transfers the payment confirmation to the merchant in order to process the order.
- 6. Provider reserves that the list of available Virtual Currencies may change. Therefore, the possibility to perform 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. Provider reserves the right to determine the exchange rate of Virtual currencies.
- 8. The use of the Virtual currency payments service involves fees. Provider charges fees for the currency exchange services in the form of:
- 1) Platform's commission, which is included in the currently displayed Virtual currency exchange rate;
- 2) Transaction costs of a particular Virtual Currency network, which are included in the displayed amount of Virtual currencies that User buys or sells.
- 9. Provider reserves that the payment costs are not fixed. 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, User is informed of the total amount of the payment, i.e. including the fees referred to in § 5 (8). The payment amount is valid for 15 minutes from the start of the payment process.
- 11. Provider, in accordance with the Act, may request additional information from the User. The KYC procedure is carried out during account registration and each time for payment exceeding the 1.000 EUR threshold.
- 12. Provider reserves the right to limit the amount of a single transaction.
- 13. User shall be liable for incorrect data during the payment, registration or KYC/AML procedures. Incorrect information may result in particular inability to carry out the payment.
§ 6. COMPLAINTS
- 1. Complaints regarding Services or operation of Platform as well as questions regarding the use of Services, shall be addressed to Provider at: [email protected]
- 2. A complaint should include: a detailed description and reason for the request, User’s contact details;
- 3. Within 14 days of receipt, Provider shall investigate the complaint and inform 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 other difficulties outside Provider’s control or if additional information needs to be obtained from User. The time taken by User to provide additional information shall, from time to time, extend the time taken to investigate the complaint.
- 4. Provider shall send a reply to a complaint to the e-mail address from which the complaint was received.
- 5. If User submits an email complaint, he agrees to receive a response from Provider in the same form.
- 6. User’s use of out-of-court means of complaint investigation and claim assertion is voluntary.
- 7. User being a consumer shall be further entitled to seek dispute resolution via the EU ODR platform available at http://ec.europa.eu/consumers/odr/.
- 8. Provider reserves the right not to respond to a complaint that is clearly unfounded, in particular in so far as the complaint has already been processed in respect of the User concerned.
- 9. The right of revocation of 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 fulfilment of which has begun with 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. Provider shall provide ongoing supervision of the technical functioning of Platform, ensuring that it operates correctly. Provider does not guarantee the continuous availability of all the services of Platform or their error-free functioning.
- 2. User use Platform on a voluntary basis, at their own risk. The liability of Provider for any damage caused by the use of Platform, in particular non-functioning and malfunctioning, shall be excluded to the fullest extent legally permissible.
- 3. Provider shall not be responsible for any restrictions or technical problems in the information and communication systems used by Users’ Devices that prevent or restrict Users from using Platform and Services offered by it.
- 4. There might be interruptions in Platform functioning due to technical reasons. User shall have no claims in connection with such interruptions or cessation of Services provided.
- 5. Provider shall have the right to block access to Platform or particular services in the event of any irregularities in the use of Platform, in particular circumstances that could harm the User or Payment Operators, External Providers or Provider.
- 6. Provider shall not be responsible for temporarily suspending access to Platform for the period necessary to remedy the risks or irregularities.
§ 8. PERSONAL DATA PROCESSING
- 1. Provider, i.e. INXY PL Sp. z o.o. with registered office in Warsaw (00 – 682), Hoża 86/210 Street, 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 shall ensure that appropriate technical and organisational measures are in place to ensure the security of the personal data processed, in particular preventing unauthorised third parties from accessing the data or processing them in breach of the generally applicable laws, preventing the loss, damage or destruction of such personal data.
§ 9. AML/KYC
- 1. Provider states that, as an obliged institution within the meaning of Act or the execution of internal AML procedures, it may require additional verification from Users of Platform.
- 2. In Particular verification procedure may request additional data, in particular:
- 1) personal data confirmed by an identity document;
- 2) documentation of the source of funds;
- 3) other data required by 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 Act as well as Provider's own AML procedure.
- 5. Provider informs that it uses safeguards and technical solutions to monitor the transactions carried out by the Users in order to prevent circumvention of the Act.
- 6. Entities who cooperate with Provider as part of Services provided on Platform may verify 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 premises, also in accordance with the internal security procedure.
§ 10. FINAL PROVISIONS
- 1. Provider reserves the right to temporarily or permanently terminate or limit activity of Platform. In particular, Provider is entitled to conduct maintenance work of Platform to restore security and stability of the system. Accordingly, User acknowledges and accepts that he/she has no claims regarding such interruptions or restrictions of access to Platform.
- 2. Provider has the right to amend Terms and Conditions at any time. In such a situation, Provider shall inform about changes hereto in a visible place on Platform, including in particular by posting a new version hereof on Platform.
- 3. No legal basis or incompleteness of any of the provisions contained herein does not mean that the entire Terms and Conditions is legally void. Such provisions shall be amended to the ones that best reflect their meaning and purpose.
- 4. The content of these Terms and Conditions as well as any disputes between the Provider and User shall be governed by the Polish law.