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Terms and Conditions

BITVAULT SP. Z O.O.

KRS: 0001030740

NIP: 7252330396

REGON: 525025002

CONTENTS

INTRODUCTION

These Terms and Conditions form is a legal agreement (hereinafter referred to as “Agreement”, “Terms”) between BITVAULT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (trading as RENVERX), a private company incorporated in the Republic of Poland with KRS 0001030740 and NIP 7252330396 having its registered address at UL. PIOTRKOWSKA 116 / 52, 90-006 ŁÓDŹ, (hereinafter referred to as “BITVAULT”, “RENVERX”, “Company”, “we”, “us”, “our”), and any individual, legal entity or other corporate body (hereinafter referred to as “Client”, “User”, “you”, “you're”) who has registered on our Website renverx.com (hereinafter referred to as “Website”, “Platform”) with the purpose to use our services relating to exchange of virtual currencies and/or any other services made available on our website (hereinafter referred to as “Services”). The Company entered into the Polish Register of Activities in the field of virtual currencies on 24th April 2023 with registration number RDWW- 725.

  • By accessing and/or using the Website and/or any Services made available through the Website, you acknowledge that you have carefully read and understood this Agreement (together with other documents that are published on our Website and/or provided otherwise by the Company), the integral parts of the Agreement, as more detailed further below, and agree to be bound by its provisions. Your consent further represents warrants and certifies that any information provided by you during the registration process and/or per our request is correct and complete.
  • You must ensure that the information which you have provided to the Company, during the application process and/or any time thereafter, is accurate, truthful, and up-to-date and you shall notify us promptly, but not later than within one month, of any changes in such information. As per our AML & KYC policy and internal procedures, we may ask you, at any time, to confirm the accuracy of your information and/or to provide documents and/or other evidence. If any information you have provided is inaccurate, the Company will not be held liable and take any responsibility for any loss, direct or indirect, and any adverse consequence that may have resulted therefrom, which will be borne by you. You may only use the website and our Services if it is legal to do so in your country of residence. You represent and warrant that registering on the Website, opening the account, and/or received of any Services from the Company, as further detailed below, does not violate any laws and/or regulations applicable to you.
  • By accessing, using, or clicking on "I agree" to accept any of the stipulated Services, you are deemed to have read, agreed, understood, and accepted to be bound by this Agreement as well as our Privacy Policy. If you do not agree to the terms of this Agreement and/or Privacy Policy, you should stop using the Services immediately and not use or review any of the information that is provided through the Services.

DEFINITIONS

For the purpose of this Agreement, the following capitalized terms shall have the meaning ascribed to them hereunder:

  • "Account" means an account that is established by the Company or its Affiliates for the Users for the sake of their usage of Services which may be made available through any means as determined by the Company in its sole discretion;
  • "Affiliate" means any legal entity directly or indirectly controlling, controlled by, or under direct or indirect common control of the Company or any Company's group member;
  • "AML/CTF" means the means of the evaluation as to whether transactions and behaviors of a User create risks of laundering funds originating from illegal activities or financing of terrorism due to fulfillment of the obligation set forth by guidelines published by international organizations and binding provisions of law;
  • "ApplicableLaw" means any law, statute, rule, regulation, order, circular, decree, directive, judgment, decision, or other similar mandate of any applicable central, national, federal, state, or local governmental authority applicable to these and your use of the Services. For the avoidance of doubt, Applicable Law includes AML/CTF requirements and any applicable financial crime regulation;
  • "Digital Asset" means a transferable property right that is neither legal tender, electronic money nor a financial instrument. The list of Digital Assets whose acquisitions, turnover, deposits, withdrawals, or trades may be allowed on the Platform is published on the Platform;
  • "Exchange Rate" means a rate at which one Digital Asset will be exchanged for another Digital Asset or Fiat;
  • "Fiat" means traditional currencies, commonly recognized by governments as legal tender. The list of Fiat whose turnover, deposits, trade, and withdrawals are allowed on the Platform is published on the Platform;
  • "Intellectual Property" means any patents, trademarks, copyrights, design rights (whether registrable or not), logos, copyright, trade, business and domain names, moral rights, reputations, know-how, trade secrets, code, designs, rights in databases, rights in computer software and any other similar rights or obligations whether registrable or not (and including all applications and renewals or extensions of such rights) in any country;
  • "Know-Your-Client (KYC)" means the procedure of verifying the User's identity and assessing the risk posed by his activity and use of the Services. As part of the procedure, it is required to submit to the Company, information relating to the User which is required to be obtained under Applicable Law including but not limited to, his full name, home address, email address, bank statements, tax returns, audited financials, digital wallet address and any additional information required;
  • "Restricted Territories" means (1) any jurisdiction which may be classified as 'restricted' by the Company, from time to time, at its sole discretion; (2) any jurisdiction which prohibits the Action or the use of the Services or receipt of the Services or any such similar activity; or (3) any other jurisdiction that is the subject of countrywide or territory-wide sanctions, embargoes, or other restrictive measures administered or enforced by any applicable country, state or government or inter-governmental organization;
  • "Restricted Persons" means persons who are not permitted to use or access the Services, and shall refer to any person, firm, company, partnership, trust, corporation, entity, government, state or agency of a state or any other incorporated or unincorporated body or association, association or partnership (whether or not having separate legal personality) that is (1) established in or lawfully existing under the laws of a Restricted Territories or (2) is listed on a sanctions list by the governments of any applicable country, state or government or inter-governmental organization;

l. "Services" means the access and use of the Company's Platform in order to

purchase or sell Digital Assets in exchange for another Digital Asset or in exchange for Fiat from or to the Company or other users of the Exchange;

  • "Order" means instructions placed by User on the Platform to purchase or sell Digital Asset, in specified quantity and price; to purchase or sell a specified quantity of a Digital Asset at the best available price, either for another Digital Asset or against Fiat; purchase or sell a Digital Asset with a maximum or minimum price restriction;
  • "Order Book" means the concentration of all the orders submitted by the users and managed by the Company.

CLIENT ELIGIBILITY

By accessing, using, or interacting with our Platform, you represent and warrant that:

  • you are at least 18 years of age and of the legal majority in your country of residence, legally capable of entering into a binding contract, and you are not aware of any legal, regulatory, commercial, contractual, or other restriction which prevents you from using the Platform in accordance with these Terms;
  • as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms;
  • you have not been previously suspended or removed from using the Platform;
  • your use of the Platform will not violate any and all laws and regulations applicable to you or to the Platform, including, but not limited to, regulations on financial crime, anti-money laundering, anti-corruption, anti-fraud, counter-terrorist financing, sanctions regulations (for example, the European Union Sanction List), and tax laws;
  • all information and details that you submit to us during the registration process, and thereafter are true, current, complete, and not misleading;
  • your funds come from legitimate sources and do not originate from illegal activities.

ACCOUNT REGISTRATION

In order to access and use our Platform, you will be required to complete a registration procedure that will form part of these Terms, including required documentation and any other information we may request from you to verify your compliance with these Terms. By registering to the Platform, you hereby represent and warrant that:

  • You will provide accurate, true, current and complete, and up-to-date information regarding your identity including personal details as required to complete your registration, such as full legal name, address, email address, or other required information, as determined by the Company at its sole discretion. You are solely responsible for maintaining and promptly updating any and all information you provided in your registration procedure, as needed. In case the User's information is incorrect or misleading, the Company will not be liable for any failure to fulfill any obligations that it may otherwise have to such User pursuant to these Terms;
  • You are allowed to open only one Account, and multiple or linked accounts are not permitted. Further, you agree not to access any Account other than your own, or to assist others in obtaining unauthorized access to any Account, including your own;
  • The Company reserves the right at its sole discretion to verify your details at any time, request you to provide further documentation, and perform background checks, including through the use of specific third-party companies, who perform the investigations on the Company’s behalf. Such background checks may include but are not limited to, conducting any KYC, screening, and investigation into your identity and registration details. The Company is under no obligation to advise you that such an investigation is taking place. In the event, the Company's requests for documents are not completed or if the Company suspects that the documents have been tampered with, or are in any way misleading or misrepresenting, the Company shall be under no obligation to accept such documents as valid and may reject your application and terminate these Terms with immediate effect;
  • After the Company reviews your registration application, the Company may reject such application at the Company's sole discretion for any reason. The User shall have no right to appeal any decision by the Company to reject the application. The aforementioned notwithstanding, the Company may limit the Account that you may establish and maintain, or suspend any transaction pending our review of any information submitted by you;
  • You are solely responsible for the protection and safekeeping of your credentials used to access the Services and shall promptly inform the Company of any suspected or confirmed breach of security. You shall remain liable for any unauthorized use of the Services caused by you or your negligence and shall defend against, indemnify and hold harmless the Company from any and all claims or damages (including loss of profits, loss of property, fines, and penalties), losses and costs (including reasonable attorneys' fees) resulting from any attempted or actual unauthorized use or access of the Services due to willful or negligent act(s) or omissions;
  • You are required to notify us immediately of any unauthorized use of your Account or password, suspected compromise of your login information, or any other breach of security by email addressed to [email protected];
  • The Services cannot be used in any way for criminal activity of any sort, including but not limited to money laundering, financing of terrorism, malicious hacking, and gambling. Additionally, you warrant that you won't conceal your location when accessing the Site, including via proxy server or virtual private network ("VPN"), and will disclose your accurate and true location to the Company. The Company may cancel or suspend your Account, block any outstanding transactions, deny any new transactions, freeze any funds available on your Account, and/or report to a competent authority if it determines in its sole discretion that the activity on your Account is suspicious or may be related to any prohibited activity or illegitimate operation;
  • You agree and acknowledge that we have the right to terminate your Account at any time and for any reason. You further agree and understand that we have the right to take any and all necessary and appropriate actions pursuant to these Terms and/or Applicable Laws.

SERVICES

Upon completion of the registration and identity verification for your Account, as required, you may use Company's Services:

  • The Company provides an online platform through which its Users can purchase from the Company or sell to the Company Digital Asset that may be available for purchase or sell on the Platform from time to time by the Company at its sole discretion. The purchase and sell transactions of Digital Asset will be in exchange for Fiat, Digital Asset. Digital Asset prices as well as the rates of purchase and sale of them are determined in accordance with the price as displayed on the Platform. The rates of Digital Assets may be affected by external factors;
  • The Platform provides User an opportunity to submit Orders to purchase or sell Digital Assets. For the conversion between a pair of Digital Assets or Fiat, Users may place an Order, by specifying the type and amount of the Digital Asset to be converted and the type of Digital Asset or Fiat to be provided to the User following such conversion. Where applicable, the User may be able to submit a limit order, by also specifying the limit price for execution of such conversion as well as specifying the expiration date for such Order. There may be minimum and maximum amounts for creating Orders that may vary for each trading pair;
  • Where applicable, the Platform operates Order Books that contain Orders from other Users. The Platform may adjust Orders between Orders of different Users on the Platform according to different criteria, including the date, type, and amount of Digital Assets intended for conversion. Each Convert transaction is subject to the applicable Exchange Rate quoted for the given transaction and the applicable time limits for such quote. The quoted Exchange Rate will depend on the market conditions, and you may decide sovereignly whether to perform a conversion transaction at the Exchange Rate quoted to you. The availability of any Exchange Rate and the ability to purchase or sell your Digital Asset at any specific time or price is not guaranteed;
  • The User is solely responsible for accurately entering any Order or conversion instruction. The Orders and conversion instructions shall be irrevocable and unconditional and shall be binding to you;
  • The User hereby understands and agrees that due to the highly volatile nature of the price of Digital Assets, the prices displayed on the Platform are correct and accurate for the moment the order was placed by you. The final price will be determined upon the processing of an applicable Fiat payment or when the Digital Asset actually received at the Company's Wallet Address;
  • Depending on market conditions and other factors, the Platform may accept or reject Orders at its sole discretion. In such cases, the Platform shall not be liable for any potential loss or opportunity cost;
  • At any time, the Platform may suspend or terminate the Digital Asset conversion for any or all Digital Assets without prior notice. The Platform may adjust the conversion rate used for a Digital Asset Conversion whenever necessary due to market conditions affecting one or more Digital Assets;
  • The company has the exclusive authority to determine which Digital Assets are listed on the Platform and may add or remove some of them from the Platform at its sole discretion at any time and without any prior notice;
  • Transfer and receipt of Fiat from and to the Company will be made through bank transfers, credit card, or other payment processors (according to the company's sole discretion and according to the User's classification);

l. The Company has the right to modify or terminate in its discretion any of the Services, prohibit the use of some of its Services in certain jurisdictions, and prohibit some User use of any of the Services, including without limitation in accordance with the periodically updated lists of the Restricted Territories and the Restricted Persons;

  • The value of permitted deposits, payments and withdrawals, trades, or any other transaction of Fiat and Digital Assets is specified on the Platform. The Company may at any time, at its sole discretion, amend, among others, the minimum and maximum value of purchases, sales, deposits, payments, and withdrawals for any reason, including without limitation due to legal, regulatory, or business considerations, or due to the change of User’s verification standards or AML / CTF risk assessment;
  • When using the Platform, you acknowledge that transaction son the Platform are subject to fees as detailed on the Platform. You represent and warrant that you shall pay the Company any applicable fees in accordance with these Terms and any other relevant document;
  • The Company has taken reasonable measures to ensure the accuracy of the information on the Platform. While the Company has made every effort to ensure the accuracy of the information on our Platform, the information and content on the Platform are subject to change without notice and are provided for the sole purpose of assisting Users to make independent decisions. The Company does not guarantee the accuracy, suitability, reliability, completeness, performance, and/or fitness of purpose of the content of any Services or products available through the Platform, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Platform, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through our Platform. We will not have any liability for the use or interpretation of such information.

USE OF SERVICES

  • You represent and warrant that you understand that there are considerable risks involved in the activities performed on the Platform, including, without limitation, risks relating to the fluctuations in the prices of Digital Assets, liquidity, operational, regulatory, and technical risks. You shall carefully consider and exercise clear judgment to evaluate your financial situation and the aforesaid risks to make any decision on using the Services. You shall be responsible for all losses arising therefrom;
  • When using the Services, you agree to comply with all ApplicableLaws. When using Services, you confirm that your actions are in a legal and proper manner and that your Digital Asset or Fiat are not originating from illegal activities;
  • When using the Services, you agree to comply with and act in accordance with all applicable laws, including without limitation with regard to the prevention of AML/CTF, the applicable tax laws as well as any other Digital Asset-related or other regulation;
  • When using our Services, you may upload to the Platform information which may include texts, photos, videos, images, trademarks, logos, brands, or other materials. We do not claim ownership of that information. However, when you do so unless explicitly stated in writing otherwise, you grant to the Company a worldwide, non-exclusive, royalty-free, ongoing, assignable, and transferable right and license to use, copy, reproduce, process, adapt, modify, translate, publish, transmit, display and distribute such content. For the avoidance of doubt, you waive in favor of the Company any moral right you may have in the content, including any right of attribution;
  • You acknowledge herein that you have all applicable and required authorizations and permits for the content you upload to the Platform;
  • You hereby represent and warrant that you will not upload, post or otherwise transmit to the Platform any content that is unlawful, malicious, harmful, inappropriate, offensive, or disrespectful. This includes, without limitation, content that:
    1. violates any Applicable Law, regulation, or Company's policies and terms;
    2. infringes on any Intellectual Property or other third-party right;
    3. introduces any malware, virus, or other harmful material;
    4. uses any crawls, scraping, spiders or similar automated means to extract data from the Platform;
    5. relates to drugs, narcotics, steroids, and any other similar product that is illegal or prohibited;
    6. promotes or supports groups, militias, or gangs;
    7. supports or involves hate, violence, harassment, bullying, discrimination, or terrorism;
    8. involves a threat to an individual or public safety;
    9. involves pornography or any sexual content;
    10. is designed to spam or flood the channel with the same message repeatedly being posted;
    11. discussing suicide, including content promoting or glorifying suicide or providing instructions on how to self-harm;
    12. based on the Company's sole discretion, is inappropriate, offensive, or otherwise should not be uploaded to the Platform.
  • You may close your Account and terminate your use of the Services at any time. As part of the account closing procedure, you will be required to submit an account closing request to the Platform. The remaining funds that were not withdrawn by you before the Account closing date, will be transferred to the bank account or the digital wallet that you specify in the account closing request. The company will not allow an Account to be closed if it believes, in its sole discretion, that the Account is being closed to avoid legal or regulatory action.

RISK DISCLOSURE

  • There are significant risks associated with Digital Assets, and you are solely responsible to make sure you understand such risks and assess whether such risks are appropriate for you. This risk disclosure lists some, but not all of the risks involved in holding, trading and using Digital Assets generally, and using our Services specifically. This risk disclosure is intended to provide you with a general outline of the risks involved, but cannot capture all such risks. By accessing and using the Services, you acknowledge and represent that you are aware of the risks associated with purchasing, using, or holding Digital Assets, including, without limitations, risks related to:
    1. the uncertainty regarding the legal status of Digital Assets, as well as commercial activities involving Digital Assets, in many jurisdictions;
    2. unknown or unintentional weaknesses and bugs that may exist in the underlying blockchain systems, smart contracts, and Platform;
    3. exploitation of the Platform by Users for illegal purposes (for example, money laundering and fraud);
    4. transactions on blockchain systems are, in principle, irreversible, meaning that transactions for incorrect addresses may result in the loss of said funds;
    5. liquidity and market risk that could lead to a significant drop in the value of Digital Assets and even erasure of their total value;
    6. past performance is no guarantee of future results;
    7. and any other risk associated with the purchase, use, or hold of Digital Assets.
  • The prices of Digital Assets fluctuate sometimes dramatically. The price of Digital Assets may move up or down and may become valueless. Digital Assets are generally a high-risk asset class. You should exercise caution in relation to the trading of Digital Assets, and Digital Assets themselves. The value of Digital Assets may be derived from the continued willingness of market participants to exchange Digital Assets for Fiat or other Digital Assets. If such willingness is abolished for any reason, this may result in the potential for a permanent and total loss of value.
  • Transactions involving Digital Assets are irrevocable. Lost or stolen Digital Assets may be irretrievable. Once a transaction has been verified and recorded on a blockchain or transferred to a digital wallet.
  • Digital Assets are not legal tender in some Jurisdictions. They may not be backed by physical assets, and are not backed or guaranteed by a government. Legislative and regulatory changes or actions may adversely affect the use, transfer, exchange, and value of Digital Assets. The treatment of Digital Assets in the event of such an insolvency proceeding is unsettled, not guaranteed, and may result in a number of outcomes that are impossible to predict reliably, including but not limited to you being treated as an unsecured creditor and/or the total loss of any and all Digital Assets reflected in your Account.

PROPRIETARY RIGHTS

  • The Services constitute valuable Intellectual Property and are protected worldwide under intellectual property laws and treaties. You hereby acknowledge and agree that the Company is and shall remain the exclusive owner of all Intellectual Property in and to the Services and these may not be copied, reproduced, altered, modified, changed, broadcast, distributed, transmitted, disseminated, syndicated, or offered for sale or rental in any manner, at any time, unless to the extent permitted in accordance with these Terms, or as otherwise authorized and consented to in writing by the Company;
  • The User is entitled to use the Intellectual Property within the scope of permitted private use provided by legal provisions;
  • Accessing or participating in the Services does not grant any express or implied right to any of the Company's Intellectual Property;
  • The User shall not contest, or assist others to contest the Company's Intellectual Property rights or interests in and to its respective Intellectual Property rights and all applications, registrations, or other legally recognized interests therein, or any element, derivation, adaptation, variation or name thereof;
  • The User will be liable for any damage, costs, or expenses that arise out of misuse of the Company's Intellectual Property rights;
  • You may choose to or we may invite you to submit your comments or feedback about the Services, including without limitation about how to improve the Services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place the Company under any fiduciary or other obligation, that we are free to disclose the Feedback on a non-confidential basis to anyone or otherwise use the Feedback without any additional compensation to you. Except as expressly set forth herein, no right or license is granted hereunder, express or implied, to any intellectual property rights, and your use of the Services does not convey or imply the rights to use the Services in combination with any other information or products;
  • Subject to these Terms, the Company grants you a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable, freely revocable license to use one (1) account you create at the Platform for use of the Services.

REPRESENTATIONS

With respect to your use of the Services, you hereby represent and warrant that you understand that:

  • the Company is not an investment advisory service, nor is it a registered investment advisor, portfolio manager, financial advisory, or broker-dealer, and does not purport to tell or suggest the value of any assets or which assets customers should buy or sell for themselves;
  • the Company and its Affiliates assume no responsibility or liability for your trading and investment results;
  • the indicators, strategies, columns, articles, and all other features of the Platform are provided for informational and educational purposes only and should not be construed as investment advice and you should consult an independent professional to discuss these risks;
  • Before using Services made available on the Platform, you should consult with your licensed financial advisor and tax advisor. Every time you use the Platform you agree that in all cases the Company bears no responsibility for losses incurred, and offers no guarantees or expectations on your performance or stability. WARRANTIES AND LIMITATION OF LIABILITY
  • The Services are provided on an "as is" and "as available" basis. With respect to the Services and any part thereof, the Company does not make and expressly disclaims, all representations and warranties, express, implied, or statutory, including without limitation, any representations or warranties of title, non-infringement, merchantability, usage, suitability or fitness for any particular purpose, or as to the workmanship or technical coding thereof, or the absence of any defects therein, whether latent or patent. The entire risk as to the use, quality, and performance of the Services lies with you;
  • The Company does not guarantee that the Services will always be complete, accurate, safe, secure, bug-free, or error-free, or that the foregoing will always function without disruptions, delays, or imperfections. The Company makes no warranties that results that may be obtained from the use of the Services will be accurate or reliable. Company may change, suspend or discontinue the Services, including the network or any part thereof at any time, without notice or liability. In addition, the Company may modify, remove or limit certain features or restrict the User’s access to the Services without notice or liability;
  • To the maximum extent permitted by applicable law, in no event will the Company, its group companies, or any of their respective officers, directors, agents, employees, or representatives, be liable or assume any obligation whatsoever to you or anyone on your behalf, regardless of the form of action, for any direct, indirect, special, incidental, or consequential damages or loss of any kind, including without limitation, loss of business, loss of profits, loss of revenue, loss of data, loss of contracts or loss of anticipated savings, loss of any digital assets (including any fungible or non-fungible tokens), loss of any cryptographic key or any passphrase (including with regard to any digital wallet), any loss or any damage arising out of or in connection with these terms, any service, product or content provided by any third party, whether based in contract, tort, negligence, strict liability. In the event of any such damage, loss, or any complaint with respect to the foregoing your sole and exclusive remedy is to discontinue your participation in the network and cease all use of the Services;
  • The Company is not and shall not be held liable for any decision you make to purchase, sell, deposit, use, exchange, or conduct any other action with regard to any Digital Assets, or any associated Services as described in this Agreement;
  • The Company does not make any offers, recommendations, or invitations for you to deal in digital assets or use any of the services, and does not take into account your personal circumstances, financial situation, needs, or goals. Before making any financial decision, you should carefully assess your financial situation and capacity and only use funds that you can afford to lose. When you chose to use the Company's Services you are entirely responsible for any loss of digital assets or fluctuations in their prices. The Company is not and shall not be held liable for any decision you make to transfer, sell or conduct any other action with regard to cryptocurrencies.
  • The user has the exclusive responsibility to ensure that his access to the Platform and the use of the Services or part of them must comply with all laws and regulations applicable to him based on its applicable jurisdiction. The Company is not responsible or liable if you use one of the Services that are not covered under any applicable laws in your jurisdiction. The Company does not undertake to block certain Services according to your jurisdiction; therefore, the user is solely responsible for checking whether the Services comply with all laws and regulations applicable to him based on its applicable jurisdiction.
  • UPDATES TO TERMS AND CONDITIONS

    The Company reserves a right to change these Terms at any time at its sole discretion, without prior notice by posting the revised version of the Terms on the Platform. The revised Terms will take effect immediately upon publication by the Company with effect from the revision date noted at the heading of the Terms. If a User does not agree to the revised Terms, such User should discontinue the use of our Services.

TERMINATION

  • These Terms shall be in effect as of the date of the Company's approval of the User's registrations application and shall continue thereafter until terminated as provided herein;
  • The User understands and agrees that in the event that the Company determines in its sole and absolute discretion that the User or anyone under User's control is engaged in any activity that violates these conditions, our Privacy Policy, or any Applicable Laws, the Company shall have the right, in its sole and absolute discretion, to immediately terminate User's account, at any time, without prior notification, without derogation from any legal or other rights available to Company against User under Applicable Law.
  • Any provisions hereof which expressly or by their nature are required to survive termination or expiration of these Terms in order to achieve their purpose shall so survive until it shall no longer be necessary for them to survive in order to achieve that purpose.

INDEMNIFICATION

a. You hereby agree to indemnify, defend and hold harmless the Company, any Company group entity, their respective shareholders, stockholders, members, officers, directors, employees, agents, licensors, successors, assigns, and any Affiliate of any of the above (the “Indemnified Parties”), from and against any and all claims, losses, liabilities, damages or expenses (including reasonable legal fees and costs) of any nature whatsoever incurred or suffered by any of the Indemnified Parties (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or related to:

  1. a breach of these Terms;
  2. a breach of Applicable Law, or of any rights of Users, or third parties (including but not limited to Intellectual Property rights or rights of privacy);
  3. the Services or any content made available thereon.

MISCELLANEOUS

a. These Terms constitute the entire Agreement between the User and the Company with respect to the subject matter hereof, and these Terms supersede all prior written or oral understandings, writings, and representations;

  • The Terms, the policies, and agreements that are incorporated herein by reference, as amended, constitute the entire Terms between the User and the Company.
  • Without giving effect to any choice of law or conflict of law rules or provisions, these Terms shall be governed by the laws of Poland and the applicable court in Warsaw shall have the exclusive jurisdiction with respect to any action that arises from these Terms;
  • If any provision of these Terms is found by a court to be held void or unenforceable to any extent, such provision shall be deemed excised and removed only to the extent to make the remaining provisions and these Terms enforceable;
  • No waiver by us of any provision of these Terms shall be construed as a waiver of any preceding or succeeding breach of any condition of these Terms. The Company will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond the Company’s reasonable control.

ASSIGNMENT OF RIGHTS

You may not transfer, assign, sub-license, or pledge in any manner whatsoever your Account or any of your rights or obligations under these Terms. The Company may transfer, assign, sub-license, or pledge in any manner whatsoever any of its rights and obligations under these Terms to any subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

NOTIFICATIONS

  • The Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Services, as determined by the Company in our sole discretion.
  • The Company reserves a right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms or Privacy Policy.

LANGUAGE

You acknowledge that these Terms, and all related documents including Privacy Policy, have been prepared in English. If these Terms are translated into another language, the English language text shall in any event prevail.

CONTACT US

If you have any questions, concerns, or complaints in relation to these Terms, please feel free to contact us at [email protected]