Terms of service
iv. General Obligations and Restrictions
vi. KYC and Reversal Transaction Policy
vii. Risk Disclosure Statement
x. Customer Complaints Procedure
xi. Discontinuance of Service, Suspension and Termination
xii. Limitation of Liability, Disclaimer of Warranties
xiii. Applicable Law, Arbitration
I. SUMMARY
1. Introduction.
1.1. These Terms of Conditions and any terms expressly incorporated herein (“Terms”) apply to your access to and use of the websites and mobile applications provided by Bitcomma.
Bitcomma.com is owned and operated by Centralex Sp. z o.o. (company number 1132566), which is authorised to provide virtual currency service and has a registered and operational address at Hoża Street No. 86, 210 spaces, Warsaw, postal code 00-682.
1.2. By clicking the “create account” button or using the Service, you agree to be legally bound by these Terms and all terms incorporated by reference.
If you do not understand and accept these Terms, you should not register for a Bitcomma Account or access or use the Bitcomma Service.
2. Eligibility.
2.1. You must meet the eligibility criteria to use Bitcomma. You must be at least 18 years old and not a citizen or resident of, or a person staying in, a country where transactions are prohibited by international sanctions or their internal law regulations or a country based on various criteria selected by our AML team.
2.2. You may not engage in illegal activities using our Service.
2.3. Bitcomma may suspend your account temporarily or permanently if you are not eligible to use the Service or breach these Terms.
3. Service.
3.1. Bitcomma provides exchange services between Fiat currencies (such as EUR and USD) and Cryptocurrencies (such as BTC or ETH).
3.2 We do not:
a. provide any investment advice; and
b. guarantee that our Services or the Site will always be available to you.
Our Services are provided without warranty, particularly without any implied warranty of merchantability and fitness for any particular purpose.
4. Risks.
4.1. Engaging in any exchange operation in the cryptocurrency market can be risky and potentially lead to significant losses.
4.2. You should, therefore, carefully consider whether using the Service is suitable for you, given your financial resources and other circumstances.
4.3. Cryptocurrencies are inherently unpredictable and unstable and will continue to be for the foreseeable future. They entail an inherent risk of hacks, transfer errors, and government sanctions that are outside Bitcomma’s control.
4.4. Do not exchange funds you cannot afford to lose.
4.5. Bitcomma is not a trading site. Bitcomma does not endorse, support, or recommend any trading platform. Bitcomma is not liable for any loss or damage, including any loss of funds or profit.
4.6. Please don’t use Service if you do not understand these risks.
II. KEY DEFINITIONS
Capitalised terms not otherwise defined in these Terms will have the following meaning:
Actual Exchange Rate shall mean the exchange rate at which an exchange order was executed.
Agreement means this document. (Terms & Conditions).
AML/CTF Act means the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 (Cth).
Cryptocurrency shall mean BTC, ETH, and any digital assets that may be purchased or sold via the Service.
Exchange Fees shall mean fees charged in connection with the Service at the applicable rates and computation methods specified in the Fee Schedule.
External Account shall mean any financial account of which you are the beneficial owner maintained by a third-party payment service of a financial institution.
Force Majeure Event shall mean an event beyond Bitcomma’s reasonable control, including but not limited to blockchain network failure, equipment for software malfunction, communications or power failure, the action of government, labour dispute, accident, riot, insurrection, war, fire, an act of God such as extraordinary weather conditions, earthquake, flood, or any other cause beyond Bitcomma’s reasonable control.
Funds shall mean Cryptocurrency or Fiat currency.
Intellectual Property means any works, materials, information, and other subject matter of any kind that are subject to or capable of protection by the laws of copyright, patents, trademarks (registered or not), and/or designs including all design rights, software (whether in source code and/or object or other compiled form), documentation, specifications, and commercial or marketing publications and/or materials that is licensed to, owned, registered, managed and/or operated by Centralex Sp. z o.o., any Related Entities and/or any other persons or entity associated with the Platform.
Market Exchange Rate shall mean the prevailing market exchange rate determined by liquidity providers.
Service shall mean exchanging Fiat currency for Cryptocurrency and Cryptocurrency for Fiat currency.
United States shall mean the United States, District of Columbia, and Insular Possession of the United States.
U.S. legal entity shall mean as follows:
(a) a United States citizen, resident, a national or protected individual under 8 USC 1324b(a)(3);
(b) a corporation or partnership organised under the Laws of the United States;
(c) a United States financial institution and its affiliates, branches, offices, or agents incorporated, organised, or located in the United States;
(d) an estate of a U.S. citizen or resident;
(e) a trust controlled by a U.S. citizen, resident, national, protected individual, company or financial institution;
(f) a pension plan of an employee of a legal entity described in paragraph (b) above, unless the plan is for a foreign employee and
(g) a legal entity organised or incorporated outside the United States, where a U.S. legal entity:
(i) holds a 50% or greater equity interest by votes or value of the entity;
(ii) holds a majority of seats or memberships on the entity’s board of directors; and
(iii) directs, authorises, or otherwise controls the entity’s actions, decisions, or operations. Wallet shall mean any Cryptocurrency address or account owned, controlled or operated outside of the Service.
III. ELIGIBILITY
- Bitcomma may not make the Service available in all markets and jurisdictions.
- You cannot use any Service if you are a U.S. legal entity (see “key definitions”).
- You represent and warrant that you:
(a) are of legal age to form a binding contract; You are 18 years of age or older (and at least in the legal age in your jurisdiction);
(b) have full power and authority to enter into this agreement and, in doing so, will not violate any other agreement to which you are a party;
(c) in your capacity as an employee or agent of a legal entity, corporation, or organisation, you are duly authorised to act for and on behalf of your entity, corporation, or organisation to create a legal relationship with us through this Agreement;
(d) in your capacity as a trustee of a trust or a partner in a partnership, you must be duly authorised to act on behalf of and legally bind your entity to this Agreement;
(e) will not use our Service if any applicable laws in your country prohibit you from doing so by these Terms under this Agreement;
(f) are not located in, or a national or resident of any country to which the United States has embargoed goods or services;
(g) comply with our Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) policies at all times, which are stipulated on our website;
(h) have not previously been suspended or removed from using our Service;
(i) not operate or are involved in any Prohibited Businesses at all times and in any capacity; or/and;
(j) any other criteria we may stipulate from time to time to reasonably assess your eligibility.
(k) you can afford to lose all of your investment as dealing in Digital Assets involves a high degree of risk;
(l) you have taken care to seek to understand the inherent risks associated with dealing with Digital Assets and using blockchain-based software systems, including by carefully reviewing the non-exhaustive illustrative list of potential risks set out in our Risk Warning;
(m) you have sufficient access to computers, internet, and software as may be required to use our Services;
(n) any actions on the Site, as well as any Instructions and operations initiated from your Account or using your Account credentials, are performed by you and
(o) you accept responsibility for determining and paying any taxes that apply to you (your Transaction history is available to you via your Account)
You must:
(a) only use our Services where you have independently determined that they are suitable for your requirements;
(b) provide us with any information we may request from time to time in connection with our Services or complying with our compliance obligations;
(c) ensure that any information you provide to us is true, accurate, up to date, and complete, and you will inform us immediately if there is a change concerning any information you provide to us;
(d) ensure that you keep any sensitive information (including as regards any password and other security information) safe, secure, and confidential;
(e) if you are an individual, do not use any Account other than for your account, nor may you access the Account of any other Member at any time or assist others in obtaining unauthorised access to any Account;
(f) if you are a corporate, do not allow any Authorised Person to use any Account other than your Account in their capacity as an Authorised Person acting on your behalf, nor may you allow any Authorised Person to assist others in obtaining unauthorised access to any Account;
(g) keep your login and security details confidential, safe and secure;
(h) notify us immediately of any unauthorised use of your Account or password, or any other breach of security, by emailing support@Bitcomma.com; and
(i) immediately inform us if you are not eligible for our Services or, for any reason, cease to be eligible for them.
- If you are registering to use the Service on behalf of a legal entity, you represent and warrant that (a) such legal entity is duly organised and validly existing under the applicable laws of the jurisdiction of its organisation, and (b) you are duly authorised by such legal entity to act on its behalf.
- Bitcomma may condition your access or continued access to Service by imposing eligibility requirements.
- Bitcomma may require that you demonstrate that you continue to meet eligibility requirements.
IV. GENERAL OBLIGATIONS AND RESTRICTIONS
1. Introduction.
1.1. These Terms apply to users of the Bitcomma website.
1.2. By using any of the services defined below (“Service”), you acknowledge that you have read, understood, and agreed to these Terms, as updated and amended occasionally. If you disagree to be bound by these Terms, you may not access or use any services.
1.3. Only eligible Persons are permitted to use the Service. Any person not eligible to access the Site will breach these Terms.
1.4. These Terms and the articles of incorporation constitute the entire agreement and understanding regarding the use of all services.
2. Bitcomma Account.
2.1. You may have only one Bitcomma account per Service user.
2.2. When you create a Bitcomma Account, you agree to:
(a) Provide accurate, current and complete information;
(b) Create a strong password that you do not use for other online services;
(c) Maintain the security of your account by not sharing your password with
third parties.
(d) Promptly notify Bitcomma if you detect any suspicious activity on your
account.
(e) Take responsibility for all activities that occur under your account.
3. Transfer of Funds to Bitcomma Account.
3.1. You may transfer funds from an External Account of which you are the beneficial owner. This includes but is not limited to, payment service accounts, deposit or bank accounts with a financial institution, or Digital Asset Accounts.
3.2. An External Account may be used to deposit funds into or withdraw funds from your Bitcomma account.
3.3. The External Account must comply with all regulatory AML/KYC requirements.
3.4. You can deposit funds by credit card. Depositing funds to your Bitcomma account by credit card confirms that you have read, understood, and accepted these Terms. Your credit card payments may be delayed or Rejected.
3.5. Your credit card company or a third-party processor may reject your credit card payment. Bitcomma will not be liable for any losses, fees, or charges connected to your credit card.
3.6. Using your credit card is subject to additional terms set forth by your credit card agreement, including extra fees.
3.7. In case of a chargeback, you will be liable for any resulting costs and fees. You authorise Bitcomma to deduct expenses and fees related to the chargeback directly from your Funds without notice.
4. Communications.
4.1. You consent to receive electronically all communications, agreements, documents, receipts, notices, tax forms, and disclosures Bitcomma provides in connection with the Service and your Bitcomma account.
4.2. You consent that Bitcomma may provide these communications by posting them on webpages via the Service, emailing them to you at your email address, and sending a text message to a mobile phone number. Carrier’s messaging, data, or other fees may apply.
4.3. To access electronic communications, you must use a computer with an internet connection, a current web browser, and software to read PDF files.
4.4. You must keep a current email address, mobile phone number, and mail address on file with Bitcomma. Bitcomma will be deemed to have sent you an electronic communication on the date its system indicates that the transmission was made, regardless of whether you received or had access to it.
4.5. If your email address or mobile phone number becomes invalid, such that electronic communications sent to you are returned, Bitcomma may deem your account to be inactive.
4.6. You may withdraw your consent to receive electronic communications by sending a withdrawal notice to Bitcomma support. Bitcomma may suspend or terminate your use of the Service.
4.7. If you want a paper copy of the previous communication after withdrawing consent to receive Communications electronically, you may request a copy by contacting Bitcomma support. Bitcomma will charge you a processing fee of 0.30 EUR per page and shipment expenses. You must provide a current physical mailing address.
5. Nature of Relationship.
5.1. Your relationship with Bitcomma is that of an independent contractor. We are independent contractors for all purposes.
5.2. Nothing herein contained shall be deemed to create any other form of relationship. Bitcomma is not acting as your agent, advisor, partner, broker, trader, intermediary, or in any fiduciary capacity.
5.3. All communication provided to you shall not be construed as advice of any kind to perform or refrain from performing any action.
5.4 About the Services, we may act reasonably:
(a) modify or discontinue any portion or all of our Services, and/or
(b) suspend or terminate your access to our Services at any time, occasionally, without notice.
5.5 You agree and confirm that we shall not be liable to you or any third party for any modification, suspension, or termination of any of our Services, or suspension or termination of your access to our Services, except to the extent otherwise expressly set forth herein or under a separate written agreement with us.
5.6 You are responsible for accessing and using your account with our Services. We are not a money transmitter. We only assist our users in engaging in digital currency exchange and transactions.
6. Taxes.
6.1. You are responsible for determining if any taxes apply to transactions you complete using the Service.
6.2. You are responsible for reporting and remitting the correct tax to the appropriate tax authority.
6.3. We are not responsible for determining whether taxes apply to your transaction or for collecting, reporting, or remitting any taxes arising from any transaction.
7. Fair Use.
7.1. By using the Service, you agree not to violate any law, contract, intellectual property, or other third-party right or commit a wrongful act, a crime, or a tort. You are solely responsible for your conduct while using our Service.
7.2. Without limiting the generality of the foregoing, you agree that you will not use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying it or that could damage, disable, overburden, or impair its functioning.
7.3. You agree not to use the Service to pay for, support, or otherwise engage in any illegal gambling, money-laundering, financing terrorist activities, fraud, or other illegal activities.
7.4. You agree not to use any robot, spider, crawler, scraper, or other automated means or interface not provided by Bitcomma to access the Service or extract data.
7.5. You agree that you will not use or attempt to use another user’s account.
7.6. You agree that you will not attempt to circumvent any content-filtering techniques or attempt to access any service or area you are not authorised to access.
7.7. You agree that you will not develop third-party applications interacting with Service.
7.8. You agree that you will not use the Service to provide false, inaccurate, or misleading information.
7.9. You agree that you will not use the Service to encourage or induce any third party to engage in the above activities.
8. Unclaimed Property.
8.1. If Bitcomma is unable, for any reason, to return your Funds to your External Account after a reasonable period of inactivity, Bitcomma may report and remit such Funds by applicable unclaimed property laws.
V. EXCHANGE TERMS
1. Definition of Service.
By submitting an order via the Service interface, you authorise Bitcomma to execute a transaction on a spot basis and charge you all applicable fees.
2. Accuracy of Information.
2.1. You must provide all required information per the instructions presented on the screen.
2.2. You represent and warrant that any information you provide is accurate and complete.
3. Restrictions.
3.1. Bitcomma may, at any time and in the company’s sole discretion, refuse any transaction order submitted, limit the transaction amount, or impose any other condition or restriction upon your use of the Service.
4. Transaction Fees.
4.1. Using the Service, you agree to pay Bitcomma the fees for exchanges and any transactions completed using the Service, which we may change occasionally.
4.2. Besides the Fees, your External Account operator may impose fees for using your External Account. Any fees imposed by your External Account operator will not be reflected on the transaction information provided by Bitcomma. You are solely responsible for paying any fees an External Account operator imposes.
4.3. By using the Service, you authorise Bitcomma, or a designated payment processor, to charge or deduct your Funds for any applicable Fees owed in connection with the transactions you complete by using the Service.
4.4. Fees charged with the Service shall be at the applicable rates and computation methods specified in the Fee Schedule. If at any time and for any reason, the Exchange Fees made under these Terms exceed the maximum rates permitted to be charged by applicable law, the parties hereto agree that the Exchange Fees shall be reduced automatically to the maximum rates permitted to be charged by applicable law.
4.5. If you fail to pay fees, commissions, charges, or other expenses due to Bitcomma, Bitcomma may, at any time and in the company’s sole discretion, refuse any transaction order submitted, limit the transaction amount, or impose any other condition or restriction upon your use of the Service.
4.6. If you fail to pay Fees or any other amounts owed to Bitcomma under these Terms for more than 60 days, Bitcomma will charge you 1% monthly interest and/or the maximum percentage permitted by the applicable law to cover Bitcomma’s loss of income and collection-related costs.
5. Exchange Rate.
5.1. After receiving instructions from you regarding a relevant transaction, Bitcomma will attempt to execute the transaction on or close to the Market Exchange Rate on a commercially reasonable basis.
5.2. You acknowledge that the Actual Exchange Rate may differ from Market Exchange Rate, and Bitcomma will not be liable for any difference or ‘slippage’ between the relevant rates. This may result in you receiving less Cryptocurrency or Fiat currency than you expected when you lodged the transaction.
5.3. You acknowledge that during periods of volatility in the marketplace for any Cryptocurrency, the Actual Exchange Rate may differ from the Market Exchange Rate.
5.4. Bitcomma will use commercially reasonable efforts to settle exchange orders as soon as possible on a spot basis and up to two (2) days after the date you submitted a transaction order.
6. Payment for an External Account.
6.1. Only payment methods specified by Bitcomma may be used to purchase Cryptocurrency. By submitting an exchange order, you represent and warrant that you are authorised to use the designated payment method and authorise Bitcomma or our payment processor to charge your selected payment method.
6.2. Your exchange order may be suspended or cancelled if the payment method is invalid or unacceptable.
7. Disruption of Service.
7.1. In the event of an error in providing the Service, in an exchange order confirmation, in processing the order, or otherwise, Bitcomma reserves the right to correct such error and revise your purchase transaction accordingly or to cancel the purchase and refund any amount received, after deduction of applicable fees.
7.2. In a market disruption or force majeure event (see Key Definitions above), such as a blockchain network failure, Bitcomma may suspend access to the Service.
7.3. Following any such event, you acknowledge that prevailing market exchange rates may differ from the rates available before such an event.
8. Cancellation of transaction order.
8.1. You may cancel an order initiated via transaction order form only if such cancellation occurs before Bitcomma executes the transaction.
8.2. Once your order has been executed, you may not change or cancel your authorization for Bitcomma to complete the transaction.
8.3. If an order has been partially filled, you may cancel the unfilled remainder.
8.4. Bitcomma may cancel or fulfil a partial order using available funds if a transaction order is incomplete due to insufficient Funds.
9. No Refunds.
9.1. All exchange operations, sales, and purchases of Cryptocurrency via the Service are final.
9.2. Bitcomma does not accept returns and will not provide refunds unless expressly provided in these Terms.
10. Transfers of Cryptocurrency
10.1 We process purchases and/or sales of supported digital currencies according to the instructions received from customers.
10.2 We do not guarantee the identity of any user, receiver, or other party, and we are not required to verify the accuracy, validity, and authenticity of any instruction. You should confirm all transaction information before submitting instructions to us and ensure that any instructions you submit are complete and correct.
10.3. You acknowledge that the speeds of cryptocurrency transfer networks are outside Bitcomma’s control. It may take some days for a cryptocurrency transfer to your wallet to be effected. Bitcomma is not liable for any consequences of failures of cryptocurrency deposits or withdrawals that will not be affected promptly.
10.4. You acknowledge that you are solely responsible for populating the correct personal wallet address when you seek to make buy or sell Cryptocurrency orders with Bitcomma Account. You may lose all your cryptocurrency if you make an error when populating the wallet address. Bitcomma does not verify wallet address details and takes no responsibility for any errors in wallet address information you populate concerning your buy or sell Cryptocurrency order.
VI. KYC AND REVERSAL TRANSACTION POLICY
- Successful completion of the “Know Your Client” (“KYC”) procedure is a necessary condition for using the Service. Documents and media files will be uploaded to your Bitcomma account and stored per the Bitcomma Privacy Policy.
- A successful KYC procedure allows clients to use the Service and settle the client’s exchange order per clause V.5.4.
- The requested documents and media files may include, but are not limited to, a Valid ID, Proof of Address, Live Identity Verification, Declaration of the transaction, Source of funds documentation, and Video verification call.
- If a user refuses to complete said KYC process for any reason, the User shall:
4.1. Inform Bitcomma of the refusal to complete the KYC process in writing to Bitcomma customer service.
4.2. Provide a valid account/wallet to reverse the transaction.
Bitcomma shall then initiate a transaction reversal. The user’s funds shall be returned to the user’s account/wallet five (5) days after the date upon which a user submitted a refusal to complete the KYC statement. 5. If under a KYC process, Bitcomma refuses to provide services to a user due to AML policy, compliance directive, or any other reason, Bitcomma shall initiate a reversal of the transaction, and the user’s Funds shall be returned to the user’s External Account/Wallet up to five (5) days of the date upon which a user-submitted a transaction order.
VII. RISK DISCLOSURE STATEMENT.
- You agree to access and use the Service at your own risk.
- Note that this brief statement cannot disclose all the risks associated with the Cryptocurrency market.
- Any cryptocurrency operation involves a high degree of risk and the potential for significant losses. You should, therefore, carefully consider whether using the Service is suitable for you, given your financial resources and other circumstances.
- Bitcomma and none of its agents or employees are investment or trading advisors.
- By using the service, you acknowledge that Cryptocurrencies are inherently unpredictable and unstable and will continue to be for the foreseeable future. Their prices have historically been subject to significant fluctuations and are highly volatile, and there is a risk of total loss of value in relation to any Cryptocurrencies.
- Cryptocurrencies entail inherent risks, including hacks, transfer errors, and government sanctions outside Bitcomma’s control.
- Bitcomma is not responsible for communicating, anticipating, or detecting all known or unknown risks in cryptocurrency markets.
- Before performing cryptocurrency operations, you must consider your capabilities, experience level, and risk tolerance.
- Do not exchange funds you cannot afford to lose.
- Bitcomma is not a trading site and does not endorse, support, or recommend any trading platform. Furthermore, you acknowledge that risks are associated with utilising Internet-based trading systems. Bitcomma is not liable for any loss or damage, including any loss of funds or profit.
- You acknowledge that there are inherent risks associated with utilising an Internet-based exchange service, such as hardware or software failure and Internet connection failure. You acknowledge that Bitcomma shall not be responsible for any disruptions, errors, delays, or communication failures you may experience when using the Service, however caused.
- Cryptocurrencies constitute a rapidly changing and unpredictable environment with an endless number of variables and factors outside your or Bitcomma’s control. New risks emerge at every moment, creating market risk and uncertainty. Bitcomma is not responsible for anticipating, detecting, or communicating all known or unknown risks in the Cryptocurrency market.
- Some factors that could cause negative operational performance are market volatility, government policies and regulations, hacks and security breaches resulting in the theft of funds, price manipulation, and general economic or market conditions.
- Risk is the exposure to the chance of loss. You confirm that even though it seems unlikely, there is a real chance of realising risk that may result in the total loss of your Funds.
- In certain market conditions, the market can reach a daily price fluctuation limit or insufficient liquidity, which might make your exchange order execution impossible.
- By using our Services, you acknowledge that:
- We are not responsible for any loss or damage suffered by you due to any illicit or fraudulent activity of third parties;
- we do not promote or operate giveaways
- we will only communicate with you through the Bitcomma.com addresses;
- we will never call you unexpectedly and without prior notice;
- we will never ask you to disclose any of your sensitive authentication credentials and will never demand remote access to your device;
- you should solely use your Account credentials, and you shall not disclose your login credentials to any third person or entity (other than an Authorised Person solely acting in the capacity of Authorised Person acting on your behalf);
- You are responsible for ensuring that the email and phone number that you used for registering your Account will be exclusively operated and kept private by you, and
- you are responsible for consistently setting 2-factor authentication on your device(s) linked to your Account and ensuring that they are solely possessed and accessed by you.
VIII. INTELLECTUAL PROPERTY
1. Intellectual Property Rights.
1.1. Unless otherwise indicated, all copyright and other intellectual property rights in all content and other materials on our website or provided in connection with the Service are the proprietary property of Bitcomma and its related entities. International copyright laws and other intellectual property rights laws protect them.
1.2. Content and materials may include the Bitcomma logo, designs, text, graphics, pictures, information, data, software, files, and the selection and arrangement.
1.3. Bitcomma does not permit any use of the content and materials other than their intended purposes.
1.4. Bitcomma grants you a limited, nonexclusive, and non-sublicensable licence to access and use the Bitcomma content and materials for your personal or internal business use.
1.5. Such licence does not permit the resale of the content or materials. It forbids the distribution, public performance, public display, modification, or otherwise making any derivative use of content or materials.
1.6. Any suggestions, ideas, or other materials regarding the Service or the company that you provide, whether by correspondence with support or otherwise, by posting through our Service, or otherwise, are the intellectual property of Bitcomma and its related entities.
1.7. Bitcomma will own exclusive rights to any information submitted as suggestions, ideas, or feedback to change or improve service (Feedback). Such Feedback is non-confidential and shall become the sole property of Bitcomma.
1.8. Bitcomma will be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without your acknowledgment or compensation. You waive any rights to the Feedback, including copyright and moral rights.
1.9. Bitcomma reserves the right to disclose your identity to any third party who claims that the content you post constitutes a violation of their intellectual property privacy rights.
1.10 You agree to indemnify us against any loss or damage incurred by us resulting from your infringement of the Intellectual Property rights that vest in the Platform, whether directly by your usage of our Platform and Services or indirectly through other means or uses (whether authorised or unauthorised) of the Platform or Services.
1.11 Where necessary to allow us to provide you with our Services from time to time, you grant us a non-exclusive, irrevocable, royalty-free, and worldwide licence to use relevant intellectual property belonging to you.
2. Trademarks.
2.1. “Bitcomma” and the Bitcomma logo are trademarks of Bitcomma and its related entities and may not be copied, imitated, or used, in whole or in part, without Bitcomma’s prior written permission.
2.2. You may not use any trademark, product, or service name of Bitcomma without prior written permission.
2.3. Use above includes metatags or hidden text utilising any trademark, product, or service name of Bitcomma.
2.4. The look and feel of the Bitcomma Site and Service, including all page headers, custom graphics, button icons, and scripts, is Bitcomma’s service mark, trademark, and/or trade dress and may not be copied, imitated, or used, in whole or in part, without prior written permission.
2.5. All other trademarks, registered trademarks, product names, and company names or logos mentioned through the Service are the property of their respective owners. Reference to any products, services, processes, or other information by name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Bitcomma.
IX. THIRD-PARTY CONTENT
- While using Service, you may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook links.
- Bitcomma does not control, endorse, or adopt any third-party content and shall have no responsibility for such content, including material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable.
- Bitcomma is not responsible or liable for any loss or damage incurred from dealings with third parties.
- Interaction and use of third-party content are solely at your own risk.
X. CUSTOMER COMPLAINTS PROCEDURE
1. General notes.
1.1. Bitcomma is committed to the highest service and client satisfaction level.
1.2. Any dissatisfaction with Services, feedback, or voicing the client’s opinion can be registered as a complaint. See the instructions below.
1.3. Bitcomma is committed to treating you with respect and transparency, handling the complaint fairly, and promptly responding.
1.4. The response shall strive to be constructive and include an explanation and reasoning when possible.
2. How to register a complaint?
2.1. Prepare identifying information about yourself and the transaction in the subject of the complaint. The identifying information may include:
2.1.1. Your Bitcomma account number.
2.1.2. Full name and address, as provided when registering your account.
2.1.3. Transaction number.
2.2. Send your complaint by email to: support@Bitcomma.com. Please state “complaint” in the subject.
2.3. By regular mail, mailing to Hoża Street No. 86, 210 spaces, Warsaw, postal code 00-682
3. Stage one: complaint investigation.
3.1. Within 2 working days, the complainant will be emailed about the process and the expected Time frame for investigation and resolution. Our staff will examine the complaint within 14 business days of receiving it.
3.2. Company response will be delivered by email or certified mail.
3.3. Under exceptional circumstances, the company may add ten days to the examination period above. You will be informed as to the reason for the delay.
4. Stage two: manager review.
4.1. If you are not satisfied with the company response received in stage one, you may request an additional review by a manager.
4.2. Please explain why you are dissatisfied with the response in stage one.
4.3. A manager will review the complaint and respond in stage one within 14 business days. As far as possible, complaints or appeals will be investigated and resolved within 14 working days of being received on Stage Two. If this time cannot be met, you will be informed of why and given an alternative time frame for resolution. The alternative time frame can be added to 10 business days.
5. Stage three: mediation.
5.1. If you are still not satisfied after exhausting stages one and two, you may apply for mediation
5.2. See clause XIII for additional information on how to apply for mediation.
XI. DISCONTINUANCE OF SERVICE, SUSPENSION AND TERMINATION
- Bitcomma may, in its sole discretion, without liability to the customer, at any time and without prior notice, discontinue, temporarily or permanently, access to any Bitcomma Service.
- In the event of a customer breach of these Terms, a Force Majeure Event, or any other event that would make providing the Service commercially unreasonable for Bitcomma, Bitcomma may, in its sole discretion and without liability to the customer, suspend your access to the Service without prior notice.
- Following such an event, Bitcomma may terminate your access to Service, deactivate your account, and delete all related information.
- Any use of our Services to facilitate, participate in, or act about any Prohibited Uses, as set forth above and further specified in the applicable schedule 2 to this Agreement, or suspicion of such Prohibited Uses, or any other circumstances that we hold or suspect in our discretion to be unreasonable, can lead to service disruptions, changes in services, account termination, suspension, deactivation, restriction or lead to reporting such activities by us to law enforcement agencies.
- We are permitted to terminate, suspend, discontinue, or restrict our Services or your account due to reasons including, but not limited to, the following circumstances:
(a) a person logged into your account is not you;
(b) we have determined or suspect that you or another party has used the account for any Prohibited Uses, operated for a Prohibited Business as specified in the applicable schedule 1 of this Agreement, or other erroneous, fraudulent, unlawful, or unauthorised purposes;
(c) information that you have provided to us is incorrect, untruthful, or incomplete or has become outdated or irrelevant, or there are issues with any further verification of your identity;
(d) there are reasonable concerns or suspicions about your financial status, including:
(i) You become bankrupt of unsound mind, commit an act of bankruptcy, or an action was commenced against you about bankruptcy;
(ii) as a corporation, you are unable to pay debts that are due and payable or an action is commenced against you regarding insolvency, receivership, administration, judicial management, or other relevant proceedings;
(iii) a meeting with your creditors or an intention or realisation of any intended compromise or arrangement with or any assignment for the benefit of any relevant creditors was convened or implemented;
(iv) you breached any of the Terms of this Agreement;
(v) you breached any explicit or implied warranties or representations;
(vi) there are any unpaid monies owed to us or our Related Entities that have not been paid within a reasonable time;
(vii) we are not able to contact you or communicate with you through any means within a reasonable timeframe in the circumstances;
(viii) as required by applicable laws and regulations; or
(ix) Other reasons we deem reasonably necessary at our discretion are valid and legal under prevailing laws and regulations.
- If you believe you are using our Services for or in connection to any one of the purposes of the Prohibited Uses or are unsure whether your use or intended use may be a Prohibited Use, you must contact us directly without delay and refrain from using our Services until we have addressed any potential issues.
- In the event of account termination, Bitcomma will attempt to return any funds to your account after deducting due fees.
XII. LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES
1. Limitation of Liability.
1.1 Notwithstanding any other clause in this Agreement, in no event shall we, our parent companies, Related Entities, affiliates, officers, directors, agents, joint venturers, employees, and suppliers be liable or responsible to you or any other person for:
(a) General liabilities
(i) any direct or indirect losses, including but not limited to lost profits, loss of revenue, loss of opportunity, or any special, indirect, punitive, exemplary, incidental, or consequential damages or costs arising out of or in connection with our Platform, our Services, your account or this Agreement (howsoever arising, including negligence).
(ii) about a dispute (which has not been formally instigated through a legal action within one calendar year of the circumstances giving rise to the conflict) and any losses forming part of such dispute.
(iii) any direct or indirect losses or damage caused by any viruses, phishing, spoofing, or any forms of malware or other attacks that may affect you, your computer, any of your electronic devices, equipment, or other relevant hardware or reasonable loss arising from the negligence of or by us or contingencies beyond our control in procuring, compiling, interpreting, computing, reporting, or delivering our services.
(b) Tokens, Cryptocurrencies and Digital Assets
(i) any loss, theft, errors, malfunctions, corruption, destruction, unauthorised access, or other damage of any tokens, cryptocurrencies, digital assets, or any value held, whether due to external causes, hacking, technical failures, or any other causes which cannot be reasonably mitigated by us and those which may occur from time to time.
(c) Blockchain Technology and Protocols
(i) any disruptions, errors, delays, vulnerabilities, or other consequences arising from the use of blockchain technology, or any harm occurring as a result of the inability to reverse a transaction, and any losses in connection in addition to that due to erroneous or fraudulent actions or other potential adverse events or adverse consequences. This includes but is not limited to:
(d) Consensus Mechanisms
(i) any issues arising from the consensus mechanisms employed by a blockchain, including proof of work, proof of stake, or other consensus algorithms.
(e) Forking and Network Upgrades
(i) any reasonable consequences arising from network forks, upgrades, or other changes to the underlying blockchain protocol. This includes circumstances and events that may create new digital assets, potential instability, and uncertainties within a blockchain network.
(f) Network Congestion
(i) any reasonable delays, failures, or disruptions caused by network congestion or overload within the blockchain network. This includes circumstances where there may be high demand, and transaction volumes can impact the speed and efficiency of blockchain transactions.
(g) Smart Contracts
(i) any losses or damages resulting from the execution of smart contracts, including but not limited to technical malfunctions, bugs, vulnerabilities, unintended consequences, or other reasonable issues within the code of such agreements or those that are not capable of being reasonably mitigated by us.
(h) Malicious code
12.1.2(i) any losses, damages, delays, disruptions, or failures caused by malicious code or malware that may affect the Platform, tokens, cryptocurrencies, digital assets, protocols, smart contracts, and the provision of Services.
2. Indemnity.
2.1. You agree to defend, indemnify, and hold harmless Bitcomma, its directors, members, employees, agents, officers, Related Entities, parent companies, and affiliates from any claim, demand, action, damage, loss, cost or expense, including reasonable legal fees, arising out of or relating to your use of or conduct in connection with the Service, your violation of the Terms, or your violation of any rights of any other entity.
3. Disclaimer of Warranties.
3.1. Bitcomma provides services on an “as is” and “as available” basis.
3.2. Bitcomma expressly disclaims, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, including the information, content, and materials contained therein.
3.3. That information you store or transfer through Bitcomma services may become irretrievably lost, corrupted, or temporarily unavailable due to various causes, including but not limited to software failures, protocol changes, force majeure events, denial-of-service attacks, maintenance, or other causes. You acknowledge the above-stated risk and confirm you are solely responsible for backing up any information you store or transfer through Service.
XIII. APPLICABLE LAW, ARBITRATION
1. Jurisdiction.
1.1. The Terms shall be governed by, construed, and enforced according to the laws of Poland for Bitcomma.com, and you submit to the non-exclusive jurisdiction of the courts in those jurisdictions.
2. Conflict Resolution.
2.1. The parties shall use all reasonable efforts to resolve any dispute or controversy arising from this Agreement amicably. In the event of a conflict that cannot be resolved by the parties themselves, parties, under separate express arrangements, may commence a mediation proceeding. A mediator will conduct the mediation by the rules prescribed by the Resolution Institute. If both parties initiate such proceedings, a mediation award shall be final and binding upon the parties. This clause does not limit the consumer’s rights provided by consumer protection legislation or the right of any party to pursue any other remedies, including claim remedies, before any competent court.
XIV. MISCELLANEOUS
1. Entire Agreement.
1.1. These Terms contain the entire agreement between you and Bitcomma and supersede all prior and contemporaneous understandings between the parties regarding the Service. Both parties, as a result of this, acknowledge that it has not relied on and shall have no right or remedy in respect of any representation, assurance, warranty, or statement, whether made directly or implied or due to negligence, other than as expressly set out in the terms of this Agreement.
2. Amendment.
2.1. Bitcomma reserves the right to make changes or modifications to these Terms from time to time, in Bitcomma’s sole discretion, by posting the amended Terms on the website and by communicating these changes through any written or other contact methods we have established with you.
2.2. The amended Terms will be effective immediately after that, and your use of the Service following the date the amended Terms are published will constitute consent to such amendments.
3. Waiver.
3.1. Bitcomma’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver.
4. Severability.
4.1. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other Terms Use, all of which shall remain in full force and effect.
4.2 Set – Off
In conjunction with any legal or other remedies available under this Agreement or by law, we may set off any amounts you owe to us under this Agreement or otherwise. Except as required by law, you must make all payments that are owed to us free and clear without any set-off, counterclaim, deduction, or withholding of any kind.
4.3 Conflicts of interest using
We have taken relevant and reasonable steps to identify, manage, and prevent conflicts of interest from adversely affecting the interests through any disputes between us, users, and applicable third parties. We always reserve the right to decline to act for you where we cannot manage a conflict of interest in any other way.
5. Descriptive Headings.
5.1. The descriptive headings of the Terms are inserted for convenience only and do not constitute a part of the Terms.
6. Assignment.
6.1 You may not assign or transfer any of your rights or obligations under these Terms of Use, including in connection with any change of control.
6.2 You may not assign your rights or obligations under this Agreement without our prior written consent. Bitcomma may assign or transfer any or all of its rights under these Terms of Use, in whole or in part, without obtaining your consent or approval.
6.3 Bitcomma may assign any or all of its rights under this Agreement in whole or part by giving you reasonable written notice. The assignment will not adversely affect your contractual rights under this Agreement.
7. Survival.
7.1. The following clauses shall survive termination or expiration of these Terms :
7.1.1. (III) Eligibility
7.1.2. (IV) General Obligations and Restrictions: (2) Account, (4) Taxes, (5) Unclaimed Property.
7.1.3. (V) Exchange Terms
7.1.4. (VI) Risk disclosure statement
7.1.5. (VII) Intellectual Property
7.1.6. (X) Limitation of liability
7.1.7. (XI) Applicable law, arbitration 7.1.8. (XII) Miscellaneous
SCHEDULE 1 – PROHIBITED BUSINESSES
The following categories of businesses, business practices, and sale items are barred from our Services (“Prohibited Businesses”). By opening an account, you confirm that you will not use our Services in connection with the following businesses, activities, practices, or items and immediately notify us if your use of our Services relates to:
1. Operating as an unlicensed money transmitter, money service, payment service provider, e-money, or any other financial services business that requires licensure, including but not limited to exchanges of virtual currencies, sales of money orders or traveller’s checks, and escrow services;
2. Counterfeit products or any product or service that infringes upon the copyright, trademark, or trade secrets of any third party;
3. Stolen goods or goods acquired through illicit means, including but not limited to fraud, embezzlement, money laundering, corruption or deceit;
4. Illegal narcotics, controlled substances, prescription and pharmaceutical services, drug paraphernalia, or any substances designed to mimic illegal drugs;
5. Illegal or prohibited gambling;
6. Illegal or prohibited sports forecasting or odds making;
7. Illegal escort services;
8. Violent acts towards self or others, or activities or items that encourage, promote, facilitate, or instruct others regarding the same;
9. Funding any of the items included on this Prohibited Businesses list;
10. Extortion, blackmail, or efforts to induce unearned payments;
11. Unlicensed sale of firearms and certain weapons;
12. Engaging in deceptive marketing practices; or
13. Any business that violates any law, statute, ordinance, or regulation.
SCHEDULE 2 – PROHIBITED USERS
You may not use your Account to engage in the following categories of activity (“Prohibited Use”). By opening an Account operated by us, you confirm that you will not use your Account, whether directly or indirectly, and immediately notify us if your use relates to:
14. Violating or assisting any party to violate any law, statute, ordinance, regulation, or any rule of any statutory body, government authority, judiciary, self-regulatory or similar organisation of which you are or are required to be a member (for example, those laws, rules, or regulations governing financial services, controlled substances, or consumer protections);
15. Undertaking or partaking in a transaction or activities which involves the proceeds of any unlawful activity;
16. Undertaking or partaking in activities that may constitute or result in an unlawful activity or harm to us or third parties, including those involving:
(a) Unauthorised Financial Institutions and Money Service Businesses
Unlicensed money transmission, unlicensed financial services, and other unregulated financial operations. This also includes securities brokers, unlicensed investment vehicles, check cashing services, collections agencies, and bail bonds;
(b) Drugs and narcotics
Illegal narcotics, drug paraphernalia, commercial drugs and other controlled substances, and other mind or body-altering substances present a public health risk;
(c) Stolen Items
Stolen goods, including digital and virtual goods, all goods for which the seller does not have clear rights of ownership, licence, or possession;
(d) Shell Companies
Entities that appear to have no genuine business purpose or are otherwise designed to operate for a purpose other than that which they purport to operate under are prohibited;
(e) Bearer Shares Entities
Customers transacting with, on behalf of, or about entities for which the identity of beneficial owners is not known and in which ownership stakes are freely alienable are prohibited;
(f) Adult Services and human trafficking
Services involving illegal prostitution, sale of illegal pornographic materials, and forms of human trafficking;
(g) High Risk Entities
Any individual, group, or entity deemed to pose an inordinately high risk to us, our Related Entities, our customers, or other third parties may be considered unacceptably high risk and an unauthorised user;
(h) Violence
Violent acts towards self or others, or activities or items that encourage, promote, facilitate, or instruct others regarding the same;
(i) Coercion
Extortion, blackmail, or efforts to induce unearned payment;
(j) Weapon Sales
Unlicensed sale of firearms and certain weapons;
(k) Money laundering and terrorism
Any acts relating to money laundering, terrorism, terrorism financing proliferation financing, and other unlawful activities, as regulated under the AML/CTF Act or other related legislation and any amendments to it; and
(l) Investment Schemes
Facilitate investment schemes such as pyramid schemes, ponzi schemes, network marketing, unlicensed investment vehicles, deceptive charity schemes, referral marketing programs, or multi-level marketing programs;
17. Undertaking or partaking in any transaction involving illegal or prohibited gambling, including the conduct of online gambling, lotteries, casinos, informal gambling, gaming operations, sports betting, and other games of chance and forms of speculation not authorised or licensed by a government agency duly empowered by law to licence or authorise the conduct of such activities;
18. Defrauding or attempting to defraud Centralex Sp. z o.o. Services, our Related Entities, our directors, employees, agents, representatives, or other users on the Platforms;
19. Infringing or engaging in activities or transactions that infringe upon any copyright, patent, trademark, or intellectual property rights registered under Centralex Sp. z o.o. Services or any third parties, whether in Poland or other authorised intellectual property registers;
20. Undertaking or partaking in fraud or provision of any false, deceptive, inaccurate, or misleading information to us, our users, our Related Entities, or other third parties for financial gain or other ends;
21. Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure or detrimentally interferes with, intercepts, or expropriates any system, data, or information;
22. Interfering with another individual’s or entity’s access to or use of any of our Services;
23. Defaming, abusing, harassing, stalking, threatening, or otherwise violating or infringing the legal rights (such as, but not limited to, rights of privacy, publicity, and intellectual property) of others;
24. Publishing, distributing, or disseminating any unlawful material or information;
25. Transmitting or uploading any material to our Platforms that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
26. Harvesting or otherwise collecting information from our Platforms about others, including without limitation email addresses, without proper consent;
27. Acting as a payment intermediary or aggregator or otherwise resell any of our Services, unless expressly authorised by Centralex Sp. z o.o. Services in writing;
28. Transferring any rights granted to you under this Agreement;
29. Using the account information of another party to access or use our Platforms;
30. Otherwise, attempting to gain unauthorised access to the Platforms, other accounts, computer systems, or networks connected to our Platforms through password mining or any other means;
31. Taking any action that we deem as circumventing our controls, including, but not limited to, opening multiple or abusing promotions that we may offer occasionally.
