These Terms & Conditions apply until April 18, 2023
Terms & Conditions valid from April 19, 2023
Article 1. Preliminary Provisions
- These Terms & Conditions specify the rules, term, and conditions for providing the Service via electronic means for the Users as part of the Cryptiony Service available on the Internet at cryptiony.com (including subdomains).
- These Terms & Conditions are the terms and conditions mentioned in Article 8 of the Act of 18 July, 2002 on providing services by electronic means.
- The Cryptiony Service is rendered by a company operating under the business name Cryptiony R&D Sp. z o. o., with its registered office in Łódź, address: ul. Wólczańska 125, 90-521 Łódź, entered into the register of entrepreneurs kept by the Regional Court of Łódź Śródmieście in Łódź, XX Economic Division of the National Court Register (KRS) under no. KRS 0000877264, NIP 7272847168, hereinafter referred to as the “Service Provider” or “Cryptiony R&D”.
Article 2. Definitions
The meaning of the terms used in these Terms & Conditions is as follows:
- Terms & Conditions – these terms and conditions that specify the rules, period, and conditions under which the Service is rendered.
- Platform or the Cryptiony Platform – a solution offered by the Service Provider via a web browser owing for automatic calculation of the income obtained (the loss incurred) by the User due to paid disposal of virtual currencies, installed on Cryptiony R&D servers, to which the Service Provider holds author economic rights.
- User – a natural person of age who uses the Cryptiony Service.
- Service or Cryptiony Service – the service provided by the Service Provider for the User that consists in the Service Provider allowing remote access to the Cryptiony Platform, allowing access to the functionalities of the Cryptiony Platform, and allowing access to the Cryptiony Service Website.
- Agreement or Agreement for Cryptiony Service – an agreement for providing the Cryptiony Service via electronic means concluded in line with the conditions specified in these Terms & Conditions.
- Website or Cryptiony Service Website– dedicated web page run and maintained by the Service Provider, which allows the User access to the Cryptiony Platform and contains complementary information for the Cryptiony Platform. The Website can be found at cryptiony.com
- Registration Form – a form available on the Cryptiony Platform by means of which a User Account can be created.
- Order Form – an electronic form for ordering a selected payable User Plan available on the User Account.
- Authentication Data – a given User’s individual ID (login) or the e-mail address and the password used for accessing the User Account.
- Personal Data – personal data as specified by the GDPR.
- GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
- User Account – a distinct part of the Platform containing the User’s saved data that the User is granted access to after signing in using Authentication Data.
- SaaS (Software as a Service) – a software distribution model that consists in granting the User access to software that is turned on by the provider of the service in a computing cloud infrastructure, where the use of the software takes place via the Internet and is does not entail multiplication of the software source code (does not involve using author economic rights to the software).
- User Plan – an option of the services provided under the service Agreement selected by the User.
- Price List or Service Price List – the information published on the Cryptiony Service Website that contains a list of available User Plans on the Cryptiony Platform, rates and charges, and billing rules.
Article 3. General Provisions
- By accepting these Terms & Conditions, the User fully accepts all the conditions specified under these Terms & Conditions and agrees to follow the obligations arising from these Terms & Conditions.
- The Cryptiony Platform involves a group of cooperating IT devices and software that ensures data processing, storing, as well as sending and receiving of data by means of telecommunications networks, using an end device proper for a given type of network.
- Only an individual client who is a natural person of age and, at the same time, a consumer in the understanding of Article 22.1 of the Civil Code can become a User.
- The Service is rendered free of charge or for a fee, depending on the User Plan selected by the User.
- By creating a User Account, the User is granted access to the free-of-charge User Plan.
- The Service Provider can determine specific conditions for rendering individual Services in annexes to these Terms & Conditions.
- These Terms & Conditions apply to each website as part of which the Services are rendered on the condition that the content of the Terms & Conditions is made known to the Users.
Article 4. Conclusion of the Service Agreement and the Term of the Agreement
- Setting up a User Account on the Cryptiony Platform requires completing the Registration Form, which included:
- Submitting the following information: e-mail address, full name, user name, and password to the User Account.
- Clicking on the “Register” button.
- The Service Agreement is concluded with the correct completion of the Registration Form.
- A relevant notice informs that the form has been completed in a correct manner after the button specified in Article 4, Section 1, item c has been clicked on.
- By setting up the User Account, the User confirm that the data he/she has provided are true and undertakes to update them as needed.
- The Service Provider reserves the right to verify the correctness of the data provided by the User and to deny the Service if the above-specified data are deemed incorrect.
- The Service Agreement is concluded for an indefinite time.
- The User can terminate the Agreement by submitting a statement about agreement termination in an electronic form from the e-mail address assigned to the User Account at email@example.com.
- As a consequence of the termination of the Agreement, the User Account is deleted in the sense that signing in to the User Account is no longer possible. In this case, the data submitted by the User shall be deleted (with no possibility to retrieve them) from the Platform unless the law states otherwise.
Article 5. Scope of the Service and Rules for Service Delivery
- The Service Provider allows the User to test the functionalities of the Platform by using the Service in the free-of-charge User Plan.
- Using the free-of-charge User Plan is not limited in time.
- The free-of-charge User Plan allows the User to test the Platform with a limited amount of User’s data.
- The data specified in Article 5, Section 3 can be entered by the User or downloaded from external systems with the User’s consent.
- The Platform can be used for automating the calculation of the income obtained (the loss incurred) due to paid disposal of virtual currencies exclusively for the User the User Account is registered for.
- The description of the functionalities of the Cryptiony Platform can be found on the Cryptiony Service Website.
- Differences pertaining to the offered functionalities and the number of User data that are handled in specific User Plans are described in the Price List.
- A User Plan can be upgraded (to a payable version) on the Cryptiony Platform by means of completing the Order Form and specifying the selected User Plan.
- Prior to confirming the data in the Order Form specified in Article 5, Section 8, the User expresses his/her consent to the Service being fully rendered by the Service Provider before the end of the time limit for withdrawal from the agreement for a remote rendering of a service; at the same time, the User is informed that by expressing such consent, after the Service Provider delivers the service, the User loses his/her right to withdraw from the agreement within 14 days of the date of the conclusion of the agreement, pursuant to Article 38, item 1 of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2017, item 683, as amended).
- The Service Provider reserves the possibility to, and the User expresses his/her irrevocable consent unlimited in time to:
- the changing of the scope of the services rendered,
- the changing of the functionalities of the website,
- the occurrence of planned or unplanned discontinuations in the access to the Website, particularly due to maintenance works, removal of malfunctions in the website functioning, and expansion of the website.
- The User is granted the possibility to change the settings of the User Account on the Cryptiony Platform according to his/her own needs. The Service Provider bears no responsibility for incorrect settings of the User Account.
- The Service Provider shall not be held liable for any loss arising from settings for the Service incorrectly configured by the User.
- The Service Provider ensures that the functionalities of the Platform and the Service are adjusted to comply with the law and technical and organizational changes pertaining to the regulator. Should implementation of such changes be necessary, the Service Provider makes such changes available immediately with due account of the scope and type of such changes. Lack of access to the Service arising from the necessity to introduce such changes shall not be deemed non-availability of the Service.
Article 6. Technical Conditions
- Using the Service requires that the User meets the following technical conditions:
- The User should use a PC-class or a similar class computer that allows him/her to access the Internet.
- Using the Service requires that the device has a web browser (e.g., Chrome, Mozilla) in the most recent versions deemed stable by suppliers of these technologies and solutions.
- The Service Provider declares he/she uses cookie files on the Cryptiony Service Website and the Cryptiony Platform to collect the information related to the way the website is used, particularly, for the purpose of maintaining the session of the User when signed in.
- A failure to comply with the technical conditions specified in Article 6, Section 1, item b of the Terms & Conditions does not stand for an inability to use the Service by the User. In such case, the User can use the Service subject to Article 6, Section 4 and 5 of these Terms & Conditions.
- The User who uses the Service in a situation specified in Article 6, Section 3 of these Terms & Conditions bears the additional risk regarding malfunctioning of individual functionalities of the Cryptiony Platform and the inability to use individual functionalities of the Cryptiony Platform.
- A malfunction of individual functionalities of the Cryptiony Platform under the conditions specified in Article 6, Section 3 of these Terms & Conditions shall not be considered an improper or undue execution of Agreement for the provision of services via electronic means by the Service Provider.
- The Service Provider declares that as part of rendering the Service, it processes the following operational data of Users of the Cryptiony Platform:
- IP address,
- version of the web browser,
- type of the web browser,
- operational system.
Article 7. Rights and Obligations of the User
- The User shall use the Service in line with its purpose.
- The User must not allow access to the Platform and the Service to third parties.
- The User must not transfer the rights and obligations arising from the Agreement for the rendering of services via electronic means without the Service Provider’s written consent.
- The User shall comply with the system notifications published on the Cryptiony Platform.
- The User has the right to choose to terminate the Service at any time, without the right to a refund for the charges paid for the payable User Plan in the billing period in which the Service was terminated.
- The User must not submit content that is illegal, including, in particular but not limited to, content that affects the personal interest of third parties, content that incites to racial, ethnic, or religious hate, content that violate generally accepted social standards.
- The User must not take any actions that could cause any interference or overload of the ICT systems of the Service Provider or of other entities that play a direct or indirect part in the rendering of the services by electronic means, including but not limited to, actions that cause circumvention of security measures, installation of malware, publication of content in places not intended for that purpose.
Article 8. Rights and Obligations of the Service Provider
- The Service Provider reserves the right to restrict the scope of the Service or to suspend the provision of the Service in cases where a breach of these Terms & Conditions or of the binding law was found. In cases where the above-describe breach was found and the provision of the Service was suspended, charges borne by the User until the time when the Service was suspended shall not be refunded.
- The Service Provider has the right to terminate the Agreement with immediate effect in cases where these Terms & Conditions or the binding law were breached.
- The suspension of the Service specified in Article 8, Section 1, as well as the termination of the Agreement specified in Article 8, Section 2, shall be preceded by a notification e-mailed by the Service Provider at the e-mail address provided by the User on the User Account informing the User of the intention to either suspend the Service or to terminate the Agreement, whichever applies. The declaration of suspension of the Service or the termination of the Service Agreement shall be e-mailed by the Service Provider in the form of a scanned document at the e-mail address provided by the User on the User Account.
Article 9. Payments and Settlements
- In the case of a payable User Plan, the payment should be made by the User in advance for an entire billing period and it is the condition for launching a selected User Plan.
- The selected payable User Plan is launched automatically after the payment made by the User is registered by the Service Provider. This is equivalent to the fulfilment of the service specified under Article 5, Section 9.
- The period of Service performance is not automatically extended for another billing period in a payable User Plan.
- The period of Service performance can be extended for another billing period in a payable User Plan during the current billing period.
- If the period of Service performance has not been extended for another billing period in the payable User Plan, after the end of the billing period, the User Plan is automatically replaced by a free-of-charge User Plan.
- All prices specified in the Price List are gross prices unless it is clearly stated in the Price List that a given price is a net price, in which case VAT tax should be added to the prices specified in the Price Lists.
- Changes in the Price List are announced on the Cryptiony Service Website by means of publishing an updated Price List. A change in the Price List does not affect the level of charges paid by the User before the amended Price List was published.
- The User makes the payment by choosing one of the payment methods offered by the Service Provider.
- The Service Provider allows access to the following payment methods:
- Swift wire transfer payments (pay-by-link)
- The list of the banks served is available on the Cryptiony Service Website.
- The Service Provider can grant the User access to a promotional code that reduces the price for a selected User Plan. Specific conditions for using the promotional code shall be provided with the promotional code.
- The condition for reducing the price for the payable User Plan is that the promotional code must be entered in the Order Form for the payable User Plan.
- Promotional codes shall not be combined.
Article 10. Personal Data and Data Protection
- At the time of registration, the Service Provider becomes the controller of the User’s personal data submitted in the registration form for the purposes of Service performance: full name, user name, and e-mail address for the purpose of accessing the Cryptiony Platform, order processing, rendering of the Cryptiony Service, and pursuing possible claims with regard to the above-mentioned Service.
- By entering into the Service Agreement with the Service Provider, the User entrusts the Service Provider with the processing of the personal data submitted during the registration process or at the time when the Service is rendered based on the data processing agreement which constitutes an annex to the Terms & Conditions.
- The Users’ personal data are processed fur the purpose of rendering the Service.
- The personal data collected on the Cryptiony Service Website or on the Cryptiony Platform can also be used for the purpose of notifying the Users of the Cryptiony Platform, the Cryptiony Service Website, and the services it provides.
- Due to the performance of this Agreement, the Parties agree:
- to keep all information of technical, technological, economic, financial, commercial, legal, organizational and other nature pertaining to the other Party (“Confidential Information”) received in the course of cooperation in strict confidence regardless of the form in which this information was provided and its source,
- to use the Confidential Information only for the purpose of rendering the Service,
- to take any essential measures to ensure that none of the persons who receive the Confidential Information discloses it or its source either in whole or in part to any third party without prior explicit consent of the Party that information or source of information comes from,
- to disclose the Confidential Information only to persons in the cases of whom such a disclosure is justified and only to the extent that the receiver of such information must have access to it for purposes specified by the law,
- not to copy, reproduce or distribute in any way any Confidential Information or its part with the exception of cases where it is necessary for the purpose of rendering the Service,
- The requirements specified under Article 6, Section 6 shall not apply to any part of an information provided by the Parties that:
- had been published, known, and officially revealed to the public without breaching these Terms & Conditions,
- had been lawfully provided by a third party without breaching any obligation pertaining to nondisclosure of such information regarding the Parties,
- will be disclosed by one of the Parties upon former written consent of the other Party,
- had been provided pursuant to commonly binding acts of law on the request of public administration bodies or courts to the extent covered by that request.
- The obligation to maintain confidentiality of Confidential Information shall be complied with throughout the term of the Agreement and for a period of 10 years of the termination of the Agreement.
Article 11. Complaints
- The Service Provider shall make every effort to ensure proper functioning of the Cryptiony Platform. However, the Service Provider acknowledges that there is a possibility of errors occurring on the Platform and in third parties’ systems. Should errors occur, the Service Provider ensures that malfunctions and/or defects of the Cryptiony Platform will be removed immediately.
- The Service Provider shall make every effort to ensure that the Service functions in a continuous and uninterrupted manner. However, the Service Provider reserved the right to temporarily interrupt the Service for the purposes of maintenance works, repair works, and, in particular, updating and expanding the Service – on the condition that these tasks required the Service to be temporarily interrupted. The Service Provider bears no responsibility for any possible losses caused by an interruption in the Service due to the above-listed reasons.
- The User has the right to file a complaint regarding a Service that was not performed or improperly performed for reasons that the Service Provider is responsible for.
- The User shall file a complaint with the Service Provider not later than one week from the day of the end of the billing period the reservations pertain to. A failure to file a complaint within this timeframe shall mean that the User deems the Service properly performed.
- It is obligatory that a complaint pertaining to the failure to perform or improperly performed Cryptiony Service contains:
- the User’s contact details,
- the user name on the Cryptiony Platform
- a detailed description of the malfunctions that occurred in how the service was performed,
- the date when the reported malfunctions occurred and their duration.
- The complaint shall be submitted by electronic means at the e-mail address: firstname.lastname@example.org. Each instance of a filed complaint accepted for processing shall be confirmed by the Service Provider by electronic means at the e-mail address submitted during the registration.
- The Service Provider considers the complains and provides the User with a reply via electronic means immediately but not later than within 30 days of the day the complaint was filed on.
- In a situation where it is necessary that the data or information provided in the complaint be completed, the Service Provider shall contact the User who filed the complaint before considering such a complaint with a request that the User completes it. The time when User provides any additional explanation extends the time in which the complains is considered.
- The response to a given complaint is final.
- Should the User fail to the Terms & Conditions, his/her complaints are not to be considered by the Service Provider.
Article 12. Liability of the Service Provider
- All liability of the Service Provider arising from a failure to perform or improperly performed Service due to all reasons (including data loss) is limited to the actual losses incurred by the User, where the total liability of the Service Provider arising from this cause shall be limited to the half of the charges paid by the User within the last 12 months of the period in which the Service was provided.
- The Service Provider shall not be held liable for any losses caused by:
- telecommunications issues,
- non-operation or improper operation of software of third parties, including that caused by computer viruses,
- incorrect settings of the Service on the User side,
- hardware defects on the User side,
- non-accessibility or discontinued access to the Internet on the User side,
- incorrect use of the Platform by the Users,
- errors in or lacking data submitted to the Platform by the User,
- interference with the Platform or the data base by unauthorized persons (unless due to the Service Provider’s fault), particularly caused by the User granting access to the data of the Service accounts or to the authentication data to unauthorized persons, or by the User’s failure to take proper security measures against data takeover,
- and other circumstances that the Service Provider shall not be held liable for.
- The Service Provider shall not be held liable for issues pertaining to the access to the Cryptiony Website, the Service and the Platform arising from reasons beyond the Service Provider’s control, such as, e.g., hacker attacks, non-availability of communications lines due to reasons within the telecommunications operators’ control.
- The Service Provider shall not be held liable for incorrect operation or non-availability (including introduction of changes) of systems owned by the National Bank of Poland (NBP) or cryptocurrency exchange, or other systems that the Cryptiony Platform communicates with.
- Furthermore, the Service Provider shall not be held liable for any gains the User could obtain should no loss be caused to him/her. The limitation of liability does not pertain to losses caused to the User due to Service Provider’s wilful misconduct.
Article 13. Intellectual Property
- The Service Provider is the owner of all the author economic rights to the Cryptiony Platform.
- All licence rights and intellectual property rights related to the provision of the Cryptiony Service and the Cryptiony Platform remain solely within the Service Provider’s domain.
- The layout of the Cryptiony Service Website and the Cryptiony Platform Website, as well as the photographs, visuals, logotypes, multimedia material, and all other content they contain, including those that are at least a manifestation of a creative work of individual nature constitute a work in the meaning of Article 1, Section 1 of the Copyright and Related Rights Act of 4 February, 1994, and shall be protected as such.
Article 14. Final Provisions
- The Service Provider reserves the right to amend these Terms & Conditions. The User shall be informed about such amendments at least 14 days in advance before they become effective.
- A failure to submit a declaration that expresses nonacceptance of the new Terms & Conditions via electronic mail at email@example.com within 7 days of the day of receipt, the Service Provider shall deem the new Terms & Conditions accepted.
- Users can gain access to these Terms & Conditions at any time via a link published on the web page of the Cryptiony Service Website and download it, and print it.
- Any disputes arising in relation to these Terms & Conditions shall be governed by Polish law. Any disputes that arise in connection with the provision of the Services, if not settled amicably, shall be settled by a court competent for the registered office of the Service Provider.