Terms of use

Last Updated: 16 April 2024

Who we are and how to contact us

This Terms of Use (hereinafter “Terms” and/or “ToU”) forms an agreement between IOOI Sp. z O.O.(“IOOI Sp. z O.O.”, “we”, “us”, or “our”) having its registered address at Gęsia 8/205, 31-535 Kraków, Polska and legal entity or an individual (hereinafter referred to as “you”, the “Customer”, or the “User”), collectively referred to as the “Parties” and each a “Party”. By using IOOI Sp. z O.O. website (the “Site”) and any services available within the Site (collectively the “Services” and individually as a “Service”), you agree that you have read, understood, and accept all of the terms and conditions contained herein.

By clicking “I Agree”, using our Site, accessing or using the Services, registering for an account with us, and executing these Terms, you confirm that you accept and agree to these Terms and the policies and guidelines referenced in these Terms. If you do not agree to these Terms, then you may not use the Services. 

There are other Terms that may apply to you

These Terms refer to the following additional terms, which also apply to your use of our Site and Services:

• Our Privacy and Cookie Notice

We may make changes to these Terms.

We reserve the right to amend these Terms from time to time. We will notify you of amendments to these Terms by making available the revised Terms on our Site and displaying the revised Terms to you when you log into the Services. The updated Terms will become effective and will bind you upon their acceptance and continued use of our Services.

General Terms 

1. Security

1.1. You are accountable for ensuring sufficient security and control over all login IDs, passwords, private keys, personal identification numbers (PINs), and any other codes used to access the Service. The responsibility lies solely with you for the safekeeping of the private keys provided by us or generated for our wallets and for maintaining secure backups. It is your duty to prevent any unauthorized access or use of the Services using your account credentials or private keys. If you come across any unauthorized access or use, you must promptly notify us via contacting [email protected]

1.2. You shall keep your account ID, passwords, and other account credentials confidential, and you should not authorize any third party to access or use the Service on your behalf unless we have provided an approved mechanism for such use. 

1.3. If there is a security breach in your account, system, or network, please inform us immediately by contacting [email protected]. You are expected to cooperate with us during the investigation of any suspected unauthorized access or use of the Services involving your account credentials or private keys, as well as any security breach in your account, system, or network.

1.4. You should provide us with the findings of any third-party forensic investigation you undertake. 

1.5. You shall be responsible for all activity that occurs with our Services while accessing your account and using your account credentials, regardless of whether it was authorized by you. IOOI Sp. z O.O. shall not be held liable for such activities.

2. Eligibility 

2.1 Our Services are available for individuals and entities that undertook the process of registration of the personal profile on the Site (hereinafter referred to as the “Account”) and verification in order to access the Services.

2.2. You must reach the age of consent under the Law of the country of your residence but shouldn’t be younger than 18 years old. 

2.3. The entities must be duly incorporated under the law of the country of incorporation. The entities must have an official representative conforming to the requirements for individuals. Their main activity shouldn’t be prohibited by entities’ national and international legislation, as well as the legislation of the Republic of Lithuania. In addition, all Customers must have full legal capacity. 

2.4. We reserve the right to refuse to provide services to individuals and/or legal entities mentioned in any sanctions list, as well as block certain countries and/or territories. Customers whose accounts were blocked previously by us can’t open new accounts.

3. Account Registration and Usage

3.1. To receive all available Services on the Site, the User shall register the Account with the Company.

3.2. The User shall be solely responsible for the accuracy, validity, and completeness of the information provided and documents submitted to IOOI Sp. z O.O..

3.3. We reserve the right at any time to request from you submit additional information and documentation to verify and update the records and/or in order to ensure compliance with all applicable laws and regulations.

3.4. You acknowledge and agree to refrain from any actions or activities that may 

a) damage the operation of IOOI Sp. z O.O.’s equipment, network, Site and\or Services; and

b) harm IOOI Sp. z O.O. and its Users or third parties.

4. Services and Fees

4.1. IOOI Sp. z O.O. shall provide the User with the Services that involve (i) exchange of the decentralised digital assets (hereinafter referred to as the “Virtual Currency”) to fiat currency; (ii) exchange of the Virtual Currency to other Virtual Currency; and (iii) operations with Virtual Currency wallets.

4.2. We may change the list of Virtual Currencies at any time without advance notice. Please check the Site in order to stay informed about the supported Virtual Currencies.

4.3. During the provision of the exchange services, we may utilize the spot exchange rate of the relevant Virtual Currency to fiat or other Virtual Currency that may vary and does not coincide with rate on other exchanges.

4.4. While offering the Virtual Currency wallet Service, we allocate you with digitally secured wallet for Virtual Currencies allowing withdraw, deposit, store and exchange such Virtual Currencies.

4.5. Before executing any transaction, the relevant costs and commissions charged by us(hereinafter referred to as the “Fees”) will be displayed to you.

4.6. All Fees are calculated automatically and payable upon the completion of any transaction.

4.7. We reserve the right to change the Fees structure at our sole discretion and such change will be notified to you in advance via direct email and/or via pop-up message on the Site.

5. Deposit and Withdrawals 

5.1. In order to start using our Services, the User shall make a Virtual Currency deposit to the Account.

5.2. The deposit and withdrawal limits are contingent on the Users' verification level within IOOI Sp. z O.O. and may also be subject to limitations imposed by payment service providers.

5.3. Deposit and withdrawal processing times vary based on the selected Virtual Currency and payment method.

5.4. Fiat currencies shall be credited and withdrawn through third-party payment service providers (e.g. banks, payment systems) that may apply additional fees for their services related to fiat currency transfers. We bear no responsibility for any outcomes related to these services. Customers are required to accept the terms and conditions set by the third-party payment providers for using their services, including compliance with their AML verification procedures.

5.5. We reserve the right to suspend and/or reject the deposit and/or the withdrawal if: 

1. The User hasn't completed the required level of verification;

2. There is an insufficient account balance to fulfill the requested withdrawal amount;

3. There is an account blockage due to suspicious transactions.

6. Refund and Cancellation 

6.1. No refunds shall be provided for the exchange of Virtual Currencies. All exchange operations are considered final and irreversible.

6.2. We reserve the right to cancel the order to exchange Virtual Currency in case of any technical issues with the Site.

7. Intellectual Property

7.1. Unless explicitly stated otherwise by us, all intellectual property rights and content provided in connection with the Site or the Services belong to IOOI Sp. z O.O., our licensors, or suppliers, and are protected by applicable intellectual property laws. 

7.2. We do not grant any implied license for the use of the content found on the Site or the Services.

7.3. By accepting these Terms, you acknowledge that the material and content available on the Site or through the Services are intended for your personal, lawful, and non-commercial use only. 

7.4. You may only utilize such material and content for the purpose of using the Site or the Services as outlined in these Terms.

7.5. You acknowledge and agree that any other use of the content from the Site or the Services is strictly prohibited, and you agree not to infringe upon our intellectual property rights or enable others to do so. 

7.6. You may not reproduce, display, publicly perform, distribute, or use the materials in any way for public or commercial purposes. It is strictly prohibited to use such materials on any other website or on file-sharing or similar services for any purpose. Without our express, written consent, you are not allowed to copy any material or content derived from or created using the Site or the Services.

7.7. Any rights not explicitly granted herein to use the materials contained on or through the Site or the Services are fully reserved by IOOI Sp. z O.O.

8. Warranties. 

8.1. UNLESS OTHERWISE SPECIFIED IN THESE TERMS, THE SERVICES AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND DO NOT CONSTITUTE ANY SORT OF INVESTMENT, FINANCIAL, AND/OR TRADING ADVICE. YOUR USE OF THE SERVICES AND THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (INCLUDING OUR SITE) WILL BE ERROR-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE AVAILABLE, UNINTERRUPTED, OR SECURE AT ANY PARTICULAR TIME OR LOCATION. WE DO NOT GUARANTEE THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL CONTENT. WE DO NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICES OFFERED OR ADVERTISED BY THIRD PARTIES THROUGH THE SERVICES OR OUR SITE. WE WILL NOT BE A PARTY TO, OR MONITOR, ANY INTERACTIONS BETWEEN YOU AND THIRD-PARTIES SERVICES.

8.2. YOU WARRANT THAT INFORMATION SUBMITTED BY YOU DURING THE REGISTRATION ON THE SITE, DURING THE USE OF OUR SERVICES IS VALID, UP-TO-DATE, COMPLETE, AND ACCURATE.

8.3. YOU WARRANT THAT YOU ARE IN A LEGAL CAPACITY AND/OR LEGALLY AUTHORIZED TO REGISTER AN ACCOUNT ON YOUR BEHALF OR ON BEHALF OF THE LEGAL ENTITY.

9. Limitation of Liability

9.1. IN NO EVENT WILL IOOI Sp. z O.O., ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, LOSS OF DIGITAL ASSETS, OR USER CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF ANY OF THE FOREGOING PARTIES HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

9.2. IN NO EVENT WILL THE AGGREGATE LIABILITY OF IOOI Sp. z O.O., ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARTNERS, SUPPLIERS, AND LICENSORS LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE AMOUNT OF THE FEE PAID, IF ANY, BY YOU TO IOOI Sp. z O.O. FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE YOUR CLAIM AROSE. THE FOREGOING LIMITATION APPLIES UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE.

10. Indemnity

10.1. The User agrees to indemnify, defend and hold harmless IOOI Sp. z O.O. from and against any and all damages, losses, liabilities, obligations, duties, expenses, costs or debts arising out or in connection with access and use of the Site and the Services, and violation of these Terms and any applicable to you laws, including but not limited to the laws and regulations of the Republic of Lithuania.

11. Termination and Suspension

11.1. We reserve the right to suspend your Account and the provision of Services at any time if:

1. If your actions or behaviour pose regulatory risks to us;

2. If you have provided us with false, incomplete, misleading, or inaccurate information;

3. If we have reasonable suspicion of fraudulent activities or violations of the applicable laws;

4. If we have reasonable grounds to believe that your Account has been compromised or for any other security-related concerns;

5. If we reasonably suspect that your Account is being used by an unauthorized individual;

6. If you fail to adhere to these Terms;

7. For other reasons that constitute a breach of these Terms and any applicable laws, including but not limited to the laws of the Republic of Lithuania.

12. Governing Law and Dispute Resolution

12.1. These Terms, their subject matter, and their formation are governed by the law of the Republic of Lithuania. You and we both agree that the courts of Lithuania will have exclusive jurisdiction. 

12.2. In the event of a dispute between IOOI Sp. z O.O. and the Customer, both Parties shall attempt to resolve the dispute through good faith negotiations. If these negotiations do not lead to a resolution, the dispute will be settled through binding arbitration. The arbitration process will be overseen by an impartial arbitrator who is not employed by or affiliated with IOOI Sp. z O.O. or the Customer. The arbitration proceedings will take place in the Republic of Lithuania, and the language used throughout the arbitration will be English.

13. Miscellaneous 

13.1. IOOI Sp. z O.O. operates as an independent contractor and not as your agent in the execution of these Terms. These Terms do not imply an association, joint venture, partnership, or franchise between the parties.

13.2.  These Terms shall constitute the entire agreement between the parties in relation to the use of IOOI Sp. z O.O. Services and supersede all prior written or oral agreements. 

13.3. We may translate these Terms into a language other than English. You agree that any translation is for convenience purposes only, and in case of ambiguity, discrepancy, or omission, the English text shall prevail over any translated text.

13.4. IOOI Sp. z O.O. shall not be responsible for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control.

13.5. If any part of these Terms is deemed invalid or unenforceable, such invalidity or unenforceability will not affect the validity and enforceability of the remaining provisions. The invalid or unenforceable part will be given effect to the greatest extent possible.

13.6. You may not assign or transfer any rights or obligations under these Terms without prior written consent from us, including rights or obligations related to law enforcement or change of control. We may assign or transfer its rights or obligations under these Terms, wholly or partially, without notice or obtaining your consent.

13.7. The failure of one party to enforce any provision will not impact its right to enforce it later. Similarly, waiving one party's right to seek recovery for a violation of these Terms or any provision does not constitute a waiver of any subsequent breach or violation by the other party or the provision itself.

13.8. We may display the content or services provided by third parties Any such links to third party websites in relation to our Services and the Site do not indicate our endorsement of any product, service, information, or disclaimer presented therein. We do not guarantee the accuracy of the information on those websites. Therefore, we will not be held liable for any losses resulting from the use of third-party products and services.