Terms of Service (valid from 19/04/2023) - Cryptiony

Terms & Conditions

These Terms & Conditions apply from April 19, 2023

Terms & Conditions valid until April 18, 2023

Section 1. Preliminary Provisions

These Regulations set forth the terms, scope, and conditions for the provision of the Service electronically to Users under the Cryptiony Service made available on the Internet at cryptiony.com (including subdomains).
The Regulations are the rules and regulations referred to in Article 8 of the Law of 18 July 2002 on Providing Services by Electronic Means.
The Cryptiony Service is operated by a company operating under the name Cryptiony R&D sp. z o.o., based in Łódź, address: Wólczańska 125, 90-521 Łódź, entered in the Register of Entrepreneurs kept by the District Court for Łódź Śródmieście in Łódź, XX Commercial Department of the National Court Register, under KRS number 0000877264, with NIP number 7272847168, hereinafter referred to as “Service Provider” or “Cryptiony R&D”.

4. Contact with the Service Provider is possible via:

a) e-mail – at: support@cryptiony.com;

b) traditional mail – at the address: ul. Wólczańska 125, 90-521 Łódź.

Section 2. Definitions

The terms used in these Regulations shall mean respectively:

Regulations – these Regulations, which define the terms, scope, and conditions of the Service.
Platform or Cryptiony Platform – a solution offered by the Service Provider via a web browser that automates the calculation of the User’s earned income (incurred loss) from the paid disposal of virtual currencies, installed on Cryptiony R&D’s servers, the economic copyrights of which belong to the Service Provider.

3. Service or Cryptiony Service – a service provided by the Service Provider to the User, consisting of the Service Provider providing the User with remote access to the Cryptiony Platform, providing the functionality of the Cryptiony Platform, and providing the Cryptiony Service Website, consisting of:

a. storing on the Platform the data entered by the Customer under the terms of the Regulations;

b. providing the Account service;

c. providing the Customer with an interactive form that allows the Customer to perform activities related to data collection and processing, generation of data and documents, including, in particular, the calculation of taxes on virtual currencies.

Agreement or Cryptiony Service Agreement – an agreement to provide the Cryptiony Service electronically, concluded under the terms and conditions set forth in these Regulations.
Website of the Cryptiony Service – a dedicated website operated and maintained by the Service Provider, allowing the User to access the Cryptiony Platform and containing supplementary information of the Cryptiony Platform. The Website is located at: cryptiony.com.
Registration Form – a form available on the Cryptiony Platform that allows creating a User Account.
Order Form – an electronic order form for the selected paid User Plan, available on the User / Business User Account.
Authentication Data – individual User ID (login) or email address and password used to gain access to the User / Business User Account.
Personal Data – personal data within the meaning of GDPR.
GDPR – Regulation 2016/679 of the European Parliament and of the Council (EU) 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 separate part of the Platform, which contains the User’s stored data, which the User accesses after logging in using the Authentication Data.
SaaS – (Software as a Service) Software distribution model consisting of granting the User access to the software running by the service provider in the cloud computing infrastructure, while the use of the software takes place via the Internet and is not associated with the multiplication of the software source code (it is not connected with the use of copyright to the program).
User Plan – a variant of the services provided under the Service Agreement selected by the Individual User / Business Service Recipient.
Price List or Price List of Services – the information published on the Cryptiony Service Website containing a summary of the available User Plans on the Cryptiony Platform, the amount of fees, and the rules for their calculation.
License – the term defined in section 16(3) of the Regulations.
Newsletter – digital content including commercial information regarding the ongoing activities of the Service Provider, including information on news and promotions available on the Platform.
Non-compliance – it is understood as the non-compliance of the Subject of Digital Service, referred to in section 11(2) of the Regulations, with the Agreement for its delivery (the criteria for assessing the compliance of the Subject of Digital Service with the Agreement for its delivery are defined in Article 43k(1-2) of the Consumer Rights Act);

18. Entrepreneur on the Rights of a Consumer – a natural person conducting in his own name a business or professional activity, who concluded with the Service Provider an Agreement directly related to his business activity, but not having for this person a professional character, resulting in particular from the subject of his business activity.

19. Subscriber – a person who has entered into an agreement with the Service Provider for the provision of the Newsletter or has taken steps to enter into such an agreement.

20. Agreement – the legal relationship between the Service Provider and the Business Service Recipient / User, on the basis of which the Service Provider provides Services to the Business Service Recipient / User.

21. Entrustment Agreement – an agreement for the entrustment of personal data processing, on the basis of which the Business Service Recipient entrusts the Service Provider (acting as a processor) with the processing of personal data of its customers who are natural persons.

22. Business Service Recipient – a Customer using the Services provided by the Service Provider under the terms of the Regulations who is an entrepreneur performing in his own name a business activity that does not constitute the business of providing services in the field of virtual currencies, in accordance with section 1(2) of the Regulations.

23. Customer – a Business Service Recipient and a Business User.

24. Service Provider – the term defined in section 1(3) of the Regulations.

25. Consumer Rights Act – the Act of 30 May 2014 on consumer rights.

26. Law on Providing Services by Electronic Means – the term defined in section 1(2) of the Regulations.

27. Business User – a person using the services provided via the Platform, authorized to represent the Service Recipient and use the Platform on his behalf.

28. Individual User – an adult natural person using the Cryptiony Service.

29. User – Individual User and Business User.

Section 3. General Provisions

Acceptance of the Regulations is tantamount to full acceptance of all terms and conditions stipulated therein and acceptance of the User’s commitment to comply with the obligations under the Regulations.
The Cryptiony Platform is a tool that automates the calculation of the earned income (incurred loss) of a User or customer of a Business Service Recipient or Business User from the paid disposal of virtual currencies.
The Cryptiony Platform includes a set of cooperating IT devices and software, providing processing and storage, as well as sending and receiving data through telecommunication networks, by means of a terminal device appropriate for the type of network. The Platform, together with all its functions, constitutes a whole and it is not possible to disable its individual functions. The content of the functions available within the Platform is decided by the Service Provider.
An individual user may only be an individual customer who is a natural person of full age and who is a consumer within the meaning of Article 22.1 of the Civil Code.
Provision of the Service takes place free of charge or for a fee, depending on the User Plan selected by the User.
By creating a User Account, the User gains access to the free User Plan.

7. The proper use of the Services should consist of appropriate processing, completion, and adaptation of a given element of the Service depending on the individual needs of the User, the nature, circumstances, and conditions of a given factual or legal action he intends to perform or performs, as well as the purposes and effects he expects to achieve as a result of the undertaken or intended action.

8. The Service Provider shall be entitled to require the Business User to submit proof of his authority to represent the Business Service Recipient, in particular, a power of attorney document or an extract from the relevant register. If an action is performed on behalf of the Business Service Recipient despite the lack of authority to represent him, the Business User performing the action shall be liable as provided in the provisions of the Civil Code of 23 April 1964 (hereinafter: “Civil Code“).

9. The User using the services provided by the Service Provider is obliged to provide only data (including personal data) in accordance with the actual state.

10. The Service Provider shall not be liable for the consequences of false or incomplete data provided by the User.

The Service Provider may specify detailed conditions for the provision of individual Services in appendices to these Regulations.
The Regulations are applicable to any website where Services are provided, provided that the contents of the Regulations are made known to the Users.

Section 4. Conclusion of the Service Agreement and its Duration

In order to create a User Account on the Cryptiony Platform, it is required to complete the Registration Form, including:
1. Providing the following information: email address, first name, last name, username, and password for the User Account.
2. Acceptance of the Regulations and Privacy Policy.
3. Clicking the “Register” button.
The conclusion of the Service Agreement takes place upon correct completion of the Registration Form.
The correct completion of the form is indicated by an appropriate message after clicking on the button referred to in section 4(1)(c).
By creating a User Account, the User confirms that the data provided by him is true and will be updated as necessary.
The Service Provider reserves the right to verify the correctness of the data entered by the User and to refuse to provide the Service in the event that the aforementioned data is found to be incorrect.
The Service Agreement is concluded for an indefinite period of time.
The User may terminate the Agreement by sending a termination statement electronically from the e-mail address assigned to the User’s Account to the e-mail address: support@cryptiony.com.
Termination of the Agreement results in deletion of the User’s Account understood as the inability to log into the User’s Account. In such a case, the data provided by the User will be deleted (without the possibility of recovery) from the Platform, unless otherwise provided by law.

Section 5. The Scope of the Service and the Rules for its Implementation

The Service Provider provides the User / Business Service Recipient with the opportunity to test the functionality of the Platform by using the Service in a free User Plan.
The use of the free User Plan is not limited in time.
The free User Plan allows testing the Platform with a limited amount of User data.
The data referred to in section 5(3) may be entered by the User or downloaded from external systems with the consent of the User.
The use of the Platform may be used to automate the calculation of earned income (incurred loss) from the paid disposal of virtual currencies exclusively of the User or the Business Service Recipient for whom the User’s Account is registered.
A description of the functionality of the Cryptiony Platform is provided on the Cryptiony Service Website.
Differences as to the functionalities offered and the number of supported User data in each User Plan are described in the Price List of Services.
The change of the User Plan to a higher (paid) one takes place on the Cryptiony Platform by completing the Order Form and indicating the selected User Plan.
Before approving the data in the Order Form referred to in section 5(8), the User declares that he has familiarized himself with the functionality of the Cryptiony Platform and that he accepts its scope and form.
Before approving the data in the Order Form referred to in section 5(8), the User / Business Service Recipient who is an Entrepreneur on the rights of a Consumer consents to the Service Provider’s full performance of the Service before the expiration of the deadline for withdrawal from the agreement for the remote provision of the Service, and at the same time the User is informed that the expression of such consent makes the User lose the right to withdraw from the agreement within 14 days from the date of its conclusion, according to the wording of the provision of Article 38(1) of the Law on Consumer Rights.
The Service Provider reserves the right, and the User / Business Service Recipient agrees irrevocably and indefinitely to:

a. making changes to the scope of services provided,

b. making changes to the functionality of the website,

c. occurrence of planned or unplanned interruptions in ensuring the availability of the service, in particular, due to maintenance work, removal of irregularities in the functioning of the service, expansion of the service,

not affect the legal situation of the User / Business Service Recipient.

The User is given the ability to configure the User’s Account on the Cryptiony Platform according to his own needs. The Service Provider is not responsible for the improper configuration of the User’s Account.
The Service Provider is not responsible for damages resulting from the User’s misconfiguration of the Service.
The Service Provider will ensure that the functionality of the Platform and the Service is adapted to changes in the law and technical and organizational requirements on the part of the regulator. If it is necessary to implement such changes, the Service Provider will make such changes available immediately, taking into account their scope and type. Unavailability of the Service resulting from the need to implement such changes will not be treated as unavailability of the Service.

Section 6. Technical Conditions

Use of the Service requires the User to meet the following technical conditions:
1. The User should use a PC-class or similar computer that allows the use of the Internet.
2. Use of the Service requires the device to be equipped with a web browser (e.g. Chrome, Mozilla) in their latest versions considered stable by the providers of these technologies and solutions.
3. The web browser must allow acceptance of cookies and have JavaScript enabled.
The Service Provider declares that as part of the Website of the Cryptiony Services and Cryptiony Platform, it uses cookies to collect information related to the use of the website, in particular, to maintain the session of the logged-in User.
Failure to meet the technical conditions indicated in section 6(1)(b) of the Regulations does not mean that the User cannot use the Service. In this case, the User may use the Service subject to section 6(4-5) of the Regulations.
The User using the Service in the situation referred to in section 6(3) of the Regulations shall bear the additional risk in terms of the malfunctioning of the various functionalities of the Cryptiony Platform and the inability to use the various functionalities of the Cryptiony Platform.
Lack of operation of particular functionalities of the Cryptiony Platform under the conditions indicated in section 6(3) of the Regulations does not constitute the non-performance or improper performance of the Agreement for the provision of services by electronic means by the Service Provider.
The Service Provider declares that in the course of providing the Service he processes the following exploitation data of the users of the Cryptiony Platform:
1. IP address,
2. browser version,
3. browser type,
4. host,
5. operating system.

Section 7. User’s Obligations and Rights

The User is obliged to use the Service in accordance with its purpose.
The User may not allow outsiders to access the Platform and the Service.
The User may not, without the written consent of the Service Provider, transfer the rights and obligations under the Agreement for the provision of services by electronic means.
The User is obliged to comply with the system messages published on the Cryptiony Platform.
The User has the right to resign from the Service at any time, without the right to a refund of the paid fee for the paid User Plan for the billing period in which the resignation occurred.
The User is prohibited from providing content of an unlawful nature, including in particular, but not exclusively, content that violates the personal rights of third parties, content that incites racial, ethnic, or religious hatred, and content that violates generally accepted social norms.
The User is forbidden to take any action that would cause any interference with the work or overload of the ICT systems of the Service Provider or other entities that are directly or indirectly involved in the provision of services by electronic means, including in particular, but not exclusively, cause the circumvention of security, installation of malicious software, posting content in places not intended for this purpose.
The Service Provider informs that it uses cryptographic protection of electronic transfer and digital content through the use of appropriate logical, organizational, and technical measures, in particular, to prevent access by third parties to data, including through SSL encryption, use of passwords and anti-viruses or programs blocking unwanted software.
The Service Provider informs that despite the use of safeguards referred to in paragraph 8 above, the use of the Internet and services provided electronically may be threatened by the access to the Customer’s or User’s information and communication system and device, malicious software or access to data on this device by third parties. In order to minimize the referenced threat, the Service Provider recommends the use of anti-virus programs or means of protecting identification on the Internet.

Section 8. Service Provider’s Obligations and Rights

The Service Provider reserves the right to limit the scope or suspend the provision of the Service in the event of a violation of the Regulations or violation of applicable laws. In cases where the aforementioned violations are found and the provision of the Service is suspended, the fees incurred by the User / Business Service Recipient up to the time of suspension of the Service shall not be refunded.
The Service Provider has the right to terminate the Agreement with immediate effect in case of violation of the Regulations or violation of applicable laws.
Suspension of Service referred to in section 8(1), as well as the termination of the Agreement referred to in section 8(2), shall be preceded by Service Provider’s sending information to the e-mail address provided by the User in the User’s Account about its intention to suspend Service or terminate the Agreement, respectively. The Service Provider shall send a statement on the suspension of the Service or termination of the Agreement in the form of a scan to the e-mail address provided by the User on the User’s Account.

4. The blocking of access to the Services (regardless of the basis for its blocking) does not affect the performance of the Newsletter Delivery Agreement concluded by the User before the blocking of access to the Services.

5. The Business Service Recipient and the User may not, without the written consent of the Service Provider, transfer the rights and obligations under the Agreement to another entity.

Section 9. Payments and Billing

1. The fees indicated in the Price List are net and specified in Polish zloty (PLN) and British pounds (GBP).

In the case of a User Plan that has a chargeable nature – payment should be made by the User in advance for the entire billing period and is a condition for activation of the selected User Plan.
The launch of the User’s paid Plan is automatic after the Service Provider registers the payment made by the User. This is equivalent to the fulfillment of the benefit referred to in section 5(9).
Extension of the period of Service provision for the next billing period in the paid User Plan does not occur automatically.
Extension of the Service provision period for the next billing period in the paid User Plan may take place during the current billing period.
If the Service is not extended for the next billing period in the paid User Plan, the User Plan is automatically switched to the free User Plan at the end of the billing period.
All prices listed in the Price List of Services are gross prices unless the Price List of Services expressly indicates that a price is net, in which case the applicable VAT must be added to the prices in the Price List of Services.
Changes to the Price List of Services are announced on the Cryptiony Services Website by publishing the current Price List of Services. A change in the Price List of Services does not change the amount of fees paid by the User / Business Service Recipient prior to the publication of the revised price list.

9. If the purchase of a User Plan is made before the date of expiration of the previous billing period, the next billing period will be calculated from the date following the date of expiration of the billing period in question. If the fee is paid after the end of the previous billing period, the next billing period will be calculated from the date of payment of the fee for the next billing period.

The User / Business Service Recipient shall make the payment by selecting one of the payment methods offered by the Service Provider.
The Service Provider provides the following payment methods:
1. Blik
2. Paypal
3. Payment by quick transfer (pay-by-link)
A list of supported banks is available on the Cryptiony Service Website.
The Service Provider shall issue an electronic invoice to the Business Service Recipient upon receipt of payment. The invoice is sent to the Business Service Recipient immediately after payment of the Order.
The Service Provider may make available to the User / Business Service Recipient a promotional code to reduce the amount of price for the selected paid User Plan. Detailed conditions for the implementation of the promotional code will be indicated with the provision of the promotional code.
The condition for reducing the price amount for a paid User Plan is to provide the promotional code in the Order Form for a paid User Plan.
Promotional codes do not combine.

Section 10. Newsletter Delivery Agreement

1. In order to conclude an agreement for delivery of the Newsletter, the User should provide the Service Provider with an e-mail address for this purpose and submit a statement of consent to receive the Newsletter, read the Regulations and Privacy Policy, and accept their provisions.

2. Performing the actions indicated in paragraph 1 above may be done in any way, in particular, by the Subscriber completing an electronic form made available on the Platform.

3. Completion of the actions indicated in paragraph 1 shall be tantamount to the Subscriber concluding the Newsletter Delivery Agreement.

4. The Newsletter Delivery Agreement shall be concluded for an indefinite period of time.

5. The Service Provider informs and the Subscriber acknowledges that:

a. The Newsletter is not subject to updates;

b. Frequency and dates of Newsletter delivery are not predetermined and depend on the current situation of the Service Provider.

6. Delivery of the Newsletter shall be by e-mail, to the e-mail address provided by the Subscriber.

7. Pursuant to Art. 27 et seq. of the Consumer Rights Act, a Subscriber who is an Entrepreneur on the rights of a Consumer may withdraw from the Newsletter Delivery Agreement without giving any reason, within 14 (fourteen) days from the date of its conclusion.

8. Withdrawal from or termination of the Newsletter Delivery Agreement, regardless of the basis for such action, requires the Subscriber to make a relevant declaration to the Service Provider. The statement referred to in the preceding sentence may be made by:

a. clicking by the Subscriber on the link enabling cancellation of the Newsletter, which is sent with each Newsletter;

b. sending to the Service Provider by the Subscriber a statement of withdrawal from the Newsletter Delivery Agreement or its termination by email.

9. The Service Provider shall discontinue the delivery of the Newsletter to the Subscriber immediately after the Subscriber performs one of the actions indicated in paragraph 7 above.

Section 11. Personal Data and Data Protection

At the time of registration, the Service Provider becomes the administrator of the Individual User’s personal data provided in the registration form for the purposes of the Service: first and last name, username, and email address for the purposes related to access to the Cryptiony Platform, processing of the order placed, provision of the Cryptiony Service and possible claims related to the aforementioned Service.
Individual User’s personal data is processed in accordance with the privacy policy of the Cryptiony Service available at: cryptiony.com/polityka-prywatnosci
By entering into the Service Agreement with the Service Provider, the Business Service Recipient entrusts the Service Provider with the processing of personal data provided during registration or in the course of providing the Service, based on the Data Processing Entrustment Agreement, which is Appendix No. 1 to the Regulations.
Processing of Users’ personal data takes place for the purpose of providing the Service.
Personal data collected on the Cryptiony Service Website or on the Cryptiony Platform may also be used to inform Users about the Cryptiony Platform, the Cryptiony Service Website, and its services.

6. The Service Provider and the User / Business Service Recipient (hereinafter: “Parties“) agree to keep confidential all technical, technological, economic, financial, commercial, legal, organizational, and other information concerning the other Party (hereinafter: “Confidential Information“) received in the course of cooperation regardless of the form of transmission of such information and its source – excluding information contained in the Regulations.

7. The Service Provider undertakes to use the Confidential Information of the Business Service Recipient / User solely for the purpose of providing the Services, and the Business Service Recipient / User may use the Service Provider’s Confidential Information received only in connection with the use of the Services in accordance with the provisions of the Regulations.

In connection with the performance of this Agreement, the Parties agree to:
1. maintain in strict confidence all technical, technological, economic, financial, commercial, legal, organizational, and other information concerning the other Party (“Confidential Information”) received in the course of cooperation regardless of the form of transmission of such information and its source,
2. use Confidential Information only for the purpose of performing the Service,
3. take all necessary steps to ensure that no person receiving Confidential Information shall disclose such information or its source either in whole or in part to third parties without prior express authorization from the Party from which the information or source of information originated;
4. disclose the Confidential Information only to those to whom such disclosure would be justified and only to the extent that the recipient of the information must have access to it for the purposes prescribed by law;
5. not copy, reproduce, or in any way distribute any Confidential Information or any part thereof, except as necessary for the purposes of performing the Service,
The requirements referred to in section 6(6) shall not apply to any part of the information provided by the Parties which:
1. have been published, are known, and officially made public without violating the Regulations,
2. have been provided by a third party in accordance with the law, without violating any non-disclosure obligations to the Parties,
3. are disclosed by one Party with the prior written consent of the other Party,
4. have been provided in accordance with generally applicable law at the request of public administration bodies or courts, to the extent covered by such request.
The obligation to keep Confidential Information confidential shall last during the term of the Agreement and for a period of 10 years counting from the date of its termination.

Section 12. Complaints

The Service Provider undertakes to exercise due diligence to ensure the proper functioning of the Cryptiony Platform, but allows for the possibility of errors on the Platform and third-party systems. In the event of errors, the Service Provider guarantees that the faults and/or defects in the Cryptiony Platform will be rectified without delay.
The Service Provider will make every effort to ensure that the Service operates continuously and uninterruptedly. However, the Service Provider reserves the right to make temporary interruptions in the operation of the Service for maintenance, repair purposes, and especially for the purposes of updating and expanding the Service – if these tasks require such interruption. The Service Provider shall not be liable for any damage caused by interruptions in the operation of the Service, resulting from the above-mentioned reasons.
The User and the Business Service Recipient have the right to complain about the non-performance or improper performance of the Service for reasons for which the Service Provider is responsible.
The User and the Business Service Recipient must report a complaint to the Service Provider no later than one week from the end of the billing period to which the concerns relate. Failure to submit a complaint within this period shall mean that the User accepts the correctness of the performance of the Service.
The content of complaints regarding non-performance or improper performance of the Cryptiony Service must include:
1. contact information of the User or Business Service Recipient,
2. User’s name on the Cryptiony Platform,
3. A precise description of the irregularities that occurred in the provision of the service,
4. the date of occurrence and duration of the indicated irregularities.
Complaints should be submitted electronically to the following e-mail address: support@cryptiony.com. Acceptance of the complaint notification will be confirmed each time by the Service Provider by e-mail to the e-mail address provided during registration.
The Service Provider shall consider the complaint and respond to the User / Business Service Recipient by e-mail immediately, but no later than within 30 days from the date of its filing.
If the data or information provided in the complaint needs to be supplemented, the Service Provider shall, before considering the complaint, ask the User / Business Service Recipient submitting the complaint to supplement it. The time for providing additional explanations by the User / Business Service Recipient extends the period of consideration of the complaint.
The response to the complaint is final.
If the User / Business Service Recipient fails to comply with the Regulations, complaints will not be considered by the Service Provider.

Section 13. Special Conditions for Handling Complaints Filed by Consumers and Entrepreneurs on the Rights of Consumers

1. The provisions of this section 11 apply only to:

a. Individual Users;

b. Business Service Recipients who are:

1) Business Users or Subscribers; and

2) Entrepreneurs on the Rights of Consumers;

c. The use of the Account, the Services, and agreements for the delivery of the Newsletter, hereinafter also referred to as the “Subject of Digital Service” unless a specific provision of the Regulations applies only to one of these Agreements;

d. Non-compliance of the Subject of Digital Service with an agreement relating to it.

2. The Service Provider shall be liable for Non-Compliance disclosed during the period of delivery of the Subject of Digital Service in question.

3. In the event of disclosure of Non-Compliance, the Service Recipient may file a complaint requesting that the Subject of Digital Service be brought into compliance with the Agreement relating to its provision. The content of complaints regarding non-performance or improper performance of the Service must further include:

a. contact details of the Business Service Recipient / Individual User;

b. a precise description of the irregularities in the provision of the Service that have occurred,

c. the date of occurrence and duration of the indicated irregularities.

4. Complaints should be submitted electronically to the following e-mail address: support@cryptiony.com.

5. The Service Provider may refuse to bring the Subject of Digital Service into compliance with the Agreement for its provision if it is impossible or would require the Service Provider to incur excessive costs.

6. After reviewing the complaint, the Service Provider shall provide the Business Service Recipient or the User, respectively, with a response to the complaint, in which he:

a. acknowledges the complaint and indicates the planned date for bringing the Subject of Digital Service into compliance with the Agreement for its provision;

b. refuses to bring the Subject of Digital Service into compliance with the Agreement for its provision for the reasons indicated in paragraph 5 above;

c. rejects the complaint because it is unfounded.

7. The Service Provider shall respond to the complaint by e-mail within 14 (fourteen) days from the date of its receipt.

8. If the complaint is accepted, the Service Provider shall, at his own expense, bring the Subject of Digital Service into conformity with the Agreement for its provision within a reasonable time from the receipt of the complaint and without undue inconvenience to the Service Recipient, taking into account the nature of the Subject of Digital Service and the purpose for which it is used. The planned date for bringing the Subject of Digital Service into compliance with the Agreement for its provision shall be indicated by the Service Provider in his response to the complaint.

9. In the event of disclosure of Non-Compliance, subject to paragraph 14 below, the Individual User or Business Service Recipient may submit to the Service Provider a statement of price reduction or withdrawal from the Agreement if:

a. it is impossible or requires unreasonable costs to bring the Subject of Digital Service into compliance with the Agreement for its provision;

b. The Service Provider has failed to bring the Subject of Digital Service into compliance with the Agreement for its provision in accordance with paragraph 8 above;

c. The Non-Compliance continues even though the Service Provider has attempted to bring the Subject of Digital Service into compliance with the Agreement for its provision;

d. The Non-Compliance is so significant as to justify withdrawal from the Agreement for the provision of the Subject of Digital Service in question without first requiring the Service Provider to bring the Subject of Digital Service into compliance with the Agreement for its provision;

e. It is clear from the Service Provider’s statement or the circumstances that the Service Provider will not bring the Subject of Digital Service into compliance with the Agreement for its provision within a reasonable time or without undue inconvenience to the Business Service Recipient or the Individual User.

10. A statement of price reduction or withdrawal from the Agreement may be submitted by e-mail to support@cryptiony.com.

11. The statement of price reduction or withdrawal from the Agreement should include:

a. First and last name of the Business Service Recipient or Individual User;

b. E-mail address;

c. The date of provision of the Subject of Digital Service;

d. A description of the Non-Compliance disclosed;

e. Indication of the reason for the statement, selected from among the reasons indicated in paragraph 9 above;

f. A statement of price reduction, including an indication of the reduced price, or a statement of withdrawal from the Agreement.

12. The Business Service Recipient and the User may not submit a statement of price reduction to the Service Provider if the Non-Compliance concerns the Account Service or Newsletter.

13. Pursuant to Article 34(1a) of the Consumer Rights Act, if the Business Service Recipient or the User withdraws from the Agreement for the provision of the Subject of Digital Service, he shall be obliged to stop using the Subject of Digital Service and making it available to third parties.

Section 14. Service Provider’s Liability

Any liability of the Service Provider related to the non-performance or improper performance of the Service from all titles (including for loss of data) shall be limited to the actual losses incurred by the User / Business Service Recipient, and the total liability of the Service Provider on this account shall be limited to half of the fees paid by the User / Business Service Recipient during the last 12 months of the Service.
The Service Provider shall not be liable for damages caused by:
1. telecommunications problems,
2. non-functioning or malfunctioning of third-party software, including computer viruses,
3. improper configuration of the Service on the part of the User,
4. defects in the User’s computer equipment,
5. lack of or interruptions in Internet access on the User’s side,
6. incorrect operation of the Platform by Users,
7. errors or deficiencies in the data entered into the Platform by the User / Business User,
8. interference with the Platform or databases by unauthorized persons (unless through the fault of the Service Provider), in particular arising in connection with the User’s provision of Service account data or authentication data to unauthorized persons, or the User’s failure to provide adequate safeguards against the acquisition of the aforementioned data,
9. and other circumstances for which the Service Provider is not responsible.
The Service Provider shall not be responsible for problems of access to the Cryptiony Website, the Service, and the Platform resulting from reasons beyond the Service Provider’s control, such as hacking attacks or unavailability of telecommunication links for reasons attributable to telecommunication operators.
The Service Provider is not responsible for malfunctions or unavailability (including making changes) of systems belonging to the National Bank of Poland or cryptocurrency exchanges, or other systems with which the Cryptiony Platform communicates.
In addition, the Service Provider shall not be liable for any benefits that the User / Business Service Recipient could have achieved if the damage had not been caused to him. This limitation of liability does not apply to damages caused to the User by the Service Provider’s willful misconduct.

Section 15. Right of Withdrawal from the Agreement Concluded at a Distance

1. The provisions of this section 15 apply only to Individual Users, as well as Service Recipients and Business Users who are Entrepreneurs on the rights of a Consumer.

2. Pursuant to Article 27 et seq. of the Consumer Rights Act, a User / Business Service Recipient has the right to withdraw from an agreement concluded remotely without giving any reason within 14 (fourteen) days from the date of its conclusion.

3. The right to withdraw from an agreement concluded remotely, the User / Business Service Recipient exercises by submitting to the Service Provider a statement of withdrawal from the agreement. Sending the statement before the expiration of the deadline referred to in paragraph 2 above is sufficient to meet the deadline for withdrawal.

4. The statement of withdrawal may be submitted by the User / Business Service Recipient in any form, in particular on the form attached as Appendix 2 to the Consumer Rights Act.

5. The Service Provider informs and the User / Business Service Recipient acknowledges that the right of withdrawal referred to in this paragraph does not apply to the Service Recipient in relation to the Agreement for the provision of Services performed with the prior express consent of the User / Business Service Recipient before the expiration of the withdrawal period – pursuant to Article 38(1)(1) of the Consumer Rights Act.

6. The provisions of this paragraph do not affect the rights granted to the User / Business Service Recipient under other provisions of the Regulations.

Section 16. Intellectual Property

The Service Provider owns all copyrights to the Cryptiony Platform.
All license and intellectual property rights related to the implementation of the Cryptiony Services and the Cryptiony Platform remain the exclusive domain of the Service Provider.
The layout of the Cryptiony Service Website and the Cryptiony Platform, as well as the photographs, graphic motifs, logos, multimedia materials and other content posted therein, which are at least a manifestation of creative activity of an individual nature, constitute works within the meaning of Article 1(1) of the Act of 4 February 1994 on Copyright and Related Rights and, as such, enjoy protection.
Upon payment by the Service Recipient of the fees specified in the Price List, the Service Provider grants the Business Service Recipient and the User a non-exclusive license to use the functionalities and materials available on the Platform under the terms and conditions specified in the Regulations (hereinafter: “License“).
The License is granted for the duration of the Service Agreement.
The License entitles to use the functionalities and materials available on the Platform exclusively in the following fields of use:

a. saving data to the User’s Account;

b. storage of data or reports generated by means of the form in the memory of electronic devices belonging to the Customer or the User;

c. reproduction and review of forms and data stored in the User’s Account;

d. reproduction of the data contained in the forms to the extent justified by the needs of the Business Service Recipient or User.

6. The Business Service Recipient and User may use the knowledge and instructions contained on the Platform in his private and professional life and for the purposes of his business. However, the license does not authorize to share of the above-mentioned content with any other persons, except in cases of sharing the content under the provisions of section 3 of the Act of 4 February 1994 on Copyright and Related Rights on Permitted Use of Protected Works. Sharing the content of the forms or access to the Platform with other persons except in cases of permitted use of protected works requires the Service Provider’s prior consent.

7. The license does not entitle to grant further licenses.

8. Use of the functionality of the Platform and its individual elements in violation of the terms of the License constitutes an infringement of the Service Provider’s copyrights, entitling the Service Provider (depending on the nature of the infringement) to take legal action against the Business Service Recipient and User.

Section 17. Change of the Regulations and Functionality of the Account

The Service Provider reserves the right to amend the provisions of the Regulations for important reasons or in order to clarify or simplify its provisions not affecting the legal situation of the Users. The User will be informed of them at least 14 days before they take effect.
Failure to provide a statement of non-acceptance of the new provisions of the Regulations sent electronically to the following e-mail address: support@cryptiony.com within 7 days of their receipt will be considered by the Service Provider as their acceptance.
A Service Recipient or Subscriber who does not accept the changes to the Regulations may terminate the Agreement for the provision of Account Services or the Agreement for the provision of the Newsletter with immediate effect until the effective date of the changes to the Regulations. Failure to terminate shall be deemed as consent to the change in the Regulations.
The Service Provider may change the functionality of the Account at any time during the term of the Agreement.
The Service Provider shall inform Users of the change made to the functionality of the Account by posting a message on the Account informing of the changes. Independently, the information about the made change will be sent to the Users by e-mail.

Section 18. Final Provisions

Users may access these Regulations at any time through the link provided on the website of the Cryptiony Service, and download and take a printout of them.

2. All statements, notices, and information referred to in the Regulations may be transmitted by e-mail, unless a specific provision of the Regulations provides otherwise.

The law applicable to disputes arising in connection with these Regulations is the Polish law. Any disputes related to the provision of Services, unless they can be resolved amicably, will be settled by a court with jurisdiction over the Service Provider’s registered office.

Appendix No. 1 to the Regulations – Entrustment Agreement

AGREEMENT ON ENTRUSTMENT OF PERSONAL DATA PROCESSING

(hereinafter: “Entrustment Agreement“)

concluded between:

Service Provider (hereinafter also: “Processor“),

and

Business Service Recipient (hereinafter also: “Administrator“),

hereinafter referred to jointly as the “Parties” or each individually as the “Party“.

Preamble

Whereas:

a) the Service Provider and the Business Service Recipient concluded the Service Agreement (hereinafter: “Master Agreement“);

b) the provision of the Services requires the Service Provider to process personal data within the meaning of the provisions of 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) (hereinafter: “GDPR“), which gives rise to the obligation to comply with the requirements indicated in Article 28 of the GDPR, including the conclusion of the agreement specified in this provision;

The Parties have agreed as follows:

Section 1.

Entrustment of Personal Data Processing

1. The Administrator entrusts the Processor with the processing of personal data pursuant to Article 28 of 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 flow of such data, and repealing Directive 95/46/EC (hereinafter: “General Data Protection Regulation” or “GDPR“).

2. The Administrator declares that it is an administrator of the data entrusted to the Processor under the Entrustment Agreement or a processor authorized to further entrust the data to the Processor.

3. The Administrator entrusts the Processor with the processing of personal data to the extent specified in section 2 of the Entrustment Agreement.

4. Capitalized terms used in the Entrustment Agreement shall have the meaning given to them in the Regulations or the GDPR unless a specific provision of the Entrustment Agreement provides otherwise.

Section 2.

Subject, Nature, Purpose, and Duration of Data Processing

1. Personal Data entrusted by the Administrator shall be processed by the Processor only at the documented order of the Administrator and solely for the purpose of providing the Services. The Parties consider “documented order” to be, in particular, the conclusion of the Services Agreement.

2. Categories of personal data subject to entrustment (hereinafter: “entrusted personal data“) and the categories of persons to whom the entrusted personal data pertains are indicated in Appendix 1 to the Agreement.

3. The personal data entrusted by the Administrator under the Entrustment Agreement do not constitute special category data as referred to in Article 9 of the GDPR, nor data concerning convictions and criminal acts as referred to in Article 10 of the GDPR.

4. The processing of entrusted personal data will be carried out using information systems (automated) and in paper form (non-automated).

Section 3.

Obligations, Rights, and Representations of the Processor

1. The Processor undertakes to secure the entrusted personal data by implementing (even prior to the processing) and maintaining, technical and organizational measures appropriate to the nature, scope, context, and purpose of the processing of the entrusted data, including measures required by the relevant provisions of generally applicable law so that the processing of the entrusted personal data meets the requirements of the General Data Protection Regulation.

2. The Processor undertakes to ensure that persons authorized to process the personal data entrusted under the Entrustment Agreement are bound to secrecy or are subject to the relevant statutory secrecy obligation.

3. The Processor undertakes, to the extent justified by the subject matter of the Entrustment Agreement, to assist the Administrator, to the extent possible, in fulfilling the Administrator’s obligation to respond to requests from data subjects for the exercise by data subjects of their rights under generally applicable laws, including Chapter III of the General Data Protection Regulation.

4. The Processor undertakes to promptly notify the Administrator of:

1) any breach of the protection of the entrusted personal data, whereby “breach of the protection of the entrusted data” shall be understood as any accidental or unlawful destruction, loss, modification, unauthorized disclosure, or unauthorized access to the entrusted personal data. The notification referred to in this paragraph 1 shall be made no later than 24 hours after the discovery of a violation of the protection of entrusted data;

2) any request received from the person whose data is processed, while refraining from responding to the request, pending receipt of the Administrator’s opinion. The notification referred to in this paragraph 2 must be made no later than 24 hours after receiving the request;

3) any legally authorized request to provide access to personal data to a competent authority of the state, unless the prohibition of notification results from the provisions of the law, in particular, the provisions of criminal proceedings, when the prohibition is aimed at ensuring the confidentiality of the initiated investigation;

4) the performance of an audit by the President of the Office for Personal Data Protection or other supervisory authority of the compliance of the processing of personal data and the results thereof, as well as about other actions of public authorities concerning such data.

5. The Processor undertakes, to the extent justified by the subject matter of the Entrustment Agreement and the information available to him, to assist the Administrator in complying with its obligations under generally applicable laws, including Articles 32-36 of the General Data Protection Regulation and concerning the security of personal data processing, notification of a personal data breach to the supervisory authority and the data subject, data protection impact assessment, and related consultations with the supervisory authority.

6. The Processor undertakes to:

1) make available to the Administrator, within 14 days from the date of receipt of the request, all information and documents necessary to demonstrate the Administrator’s compliance with its obligations under generally applicable laws;

2) enable the Administrator or an auditor authorized by the Administrator to conduct and contribute to audits, including inspections, on terms and conditions determined by the Parties from time to time and subject to the provisions of this section.

7. The audit referred to in paragraph 7(2) above may be conducted:

1) not earlier than 14 days from the date of receipt by the Processor of an announcement to conduct it, on a date to be determined by the Parties, and

2) after the conclusion of a confidentiality agreement between the Processor and the Administrator or an auditor authorized by the Administrator.

8. Upon completion of the audit, the Parties shall prepare a protocol in 2 copies to be signed by authorized representatives of both Parties. The Processor may file objections to the protocol within 5 Business Days from the date of its signing by the representatives of the Parties.

9. In the event that deficiencies affecting the security of the processing of the entrusted personal data are identified in the course of the audit, the Processor agrees to comply with the recommendations formulated by the Administrator or the auditor authorized by the Administrator.

Section 4.

Obligations of the Administrator

1. The Administrator shall ensure that throughout the term of the Entrustment Agreement, it has a legal basis for the processing of the entrusted personal data and that it has adequate rights to entrust the personal data to the Processor. In the event of loss of the aforementioned legal basis or rights with respect to certain entrusted personal data, the Administrator shall immediately take the necessary steps to discontinue the entrustment, in particular, notify the Processor thereof.

2. The Administrator undertakes not to issue instructions to the Processor regarding the processing of the entrusted personal data that would be inconsistent with the provisions of generally applicable law, the provisions of the Entrustment Agreement or other contractual obligations.

Section 5.

Further Entrustment of Personal Data

1. The Administrator gives his general consent for the Processor to carry out further entrustment of the processing of personal data (hereinafter: “subcontracting“) to subcontractors of his choice.

2. The Processor undertakes to ensure that:

1) the subcontracted entity has applied appropriate technical and organizational measures to ensure the processing of the entrusted personal data in accordance with the provisions of the GDPR;

2) the scope of the Subprocessor’s data protection obligations corresponds to the Processor’s obligations provided for in the Entrustment Agreement.

3. If the Processor intends to subcontract the processing of personal data to a particular subcontractor, the Processor shall notify the Administrator no later than 7 (seven) days prior to the subcontracting by email. The Administrator may object to the subcontracting referred to in the preceding sentence by filing an objection by e-mail within 7 (seven) days from the date of receipt of the subcontracting notice.

4. Upon the ineffective expiration of the objection period referred to in paragraph 3 above, the Processor may subcontract the processed personal data to the selected subcontractor.

5. If the objection referred to in paragraph 3 above is raised, the Processor may withdraw from the Master Agreement with immediate effect.

6. The subcontracting referred to in paragraph 3 above shall not constitute an amendment to the Entrustment Agreement.

Section 8.

Duration of the Entrustment Agreement

The Entrustment Agreement is entered into for the duration of the Main Agreement and shall end upon termination, dissolution, or expiration of the Main Agreement.

Section 9.

Effects of termination of the Entrustment Agreement

In the event of termination of the Entrustment Agreement, the Processor, promptly, but no later than within 14 (fourteen) business days from the date of termination of the Entrustment Agreement, undertakes to return to the Administrator and remove from his own media all personal data whose processing has been entrusted to him, including effectively removing them also from the electronic media at his disposal. The provisions of the preceding sentence shall not apply to those personal data, the storage of which by the Processor, in accordance with generally applicable laws, is required for a period longer than the term of the Entrustment Agreement.

Section 9.

Final Provisions

1. Attachment No. 1 – Categories of entrusted personal data and categories of persons to whom the entrusted personal data pertain – shall be an integral part of the Agreement.

2. The provisions of section 17 of the Regulations shall apply mutatis mutandis to amendments to the Entrustment Agreement.

3. In matters not regulated in the Entrustment Agreement, the provisions of the Regulations, provisions of the GDPR and relevant provisions of Polish law shall apply.

Appendix No. 1 to the Entrustment Agreement – Categories of entrusted personal data and categories of persons to whom the entrusted personal data pertain

No.

CATEGORIES OF PERSONS TO WHOM THE DATA PERTAINS

CATEGORIES OF PERSONAL DATA

Business Users

company/name,

email address,

tax residency