Menu
1.1. These Terms and Conditions govern the use of the WinterFox Platform available at address https://w-fox.io/, as well as the provision of services, through the Platform, by electronic means by the Provider: WINTERFOX SOLUTIONS POLAND Sp. z o.o. with registered office in Poland, Ul. Hoża 86-210 Warszawa, mazowieckie, 00-682, for which District Court for the capital city Warsaw in Warsaw, XII Commercial Division of the National Court Register maintains registration files under the following number: 0000984493, NIP (tax identification number): 7011101435 with the share capital of 5.000,00 PLN, with status of micro entrepreneur within the meaning of the Act on combating excessive delays in commercial transactions of 8 March 2013.
1.2. The activities of the Provider are subject to compulsory registration in the register of virtual currency activities, referred to article 129m Act on Combating Money Laundering and the Financing of Terrorism of 1 March 2018. The Provider has a current registration in the register under number RDWW-424, dated 25.08.2022. The register is kept by the Director of the Tax Administration Chamber in Katowice, the current status of which is available at: https://www.slaskie.kas.gov.pl/izba-administracji-skarbowej-w-katowicach/zalatwianie- spraw/rejestr-dzialalnosci-w-zakresie-walut-wirtualnych.
1.3. The Provider is an obliged institution within the meaning of article 2(1)(12) of the Act on Combating Money Laundering and the Financing of Terrorism of 1 March 2018 therefore applies measures an undertaking procedures to counter money laundering and terrorist financing.
1.4. Each User is required to comply with these Terms and Conditions upon actions to use the Services. These Terms and Conditions are available to Users at https://w-fox.io/terms-of-services/ and are made available in electronic form on the Provider’s website in such a way that Users can download these Terms and Conditions on a durable medium.
1.5. The User is obliged to read these Terms and Conditions. Acceptance of the Terms and Conditions is voluntary, yet it is a necessary condition for using the WinterFox Platform.
1.6. The activity of the Provider does not consist of:
1.6.1. payment services within the meaning of the Payment Services Act of 19 August 2011 (in this regard, Provider uses the services of licensed Payment Providers);
1.6.2. FIAT’s assets management, including FIAT’s deposits;
1.6.3. management of other financial instruments;
1.6.4. investment or investment advisory or similar activities;
1.6.5. the activity of investing assets collected by means of a proposal to conclude an agreement to participate in any venture;
1.6.6. collecting payment means (FIATs) and putting User’s assets at investment risk.
1.7. Service Provider contact details:
1.7.1. Correspondence address: Ul. Hoża 86-210 Warszawa, mazowieckie, 00-682 Poland
1.7.2. Email: [email protected]
1.7.3. Phone number: +372 5813 3006
2.1. Provider – WINTERFOX SOLUTIONS POLAND Sp. z.o.o. with registered office in Poland, Ul. Hoża 86-210 Warszawa, mazowieckie, for which District Court for the capital city Warsaw in Warsaw, XII Commercial Division of the National Court Register maintains registration files under the following number: 0000984493, NIP (tax identification number): 7011101435 with the share capital of 5.000,00 PLN;
2.2. Terms and Conditions – this document defining the terms and conditions of use of the Services;
2.3. Platform – a website available at: https:/inxy.io, through which Services regulated by these Terms and Conditions are provided;
2.4. Services – digital services within the meaning of Article 2(5a) of the Consumer Rights Act of 30 May 2014, in particular services provided electronically by Provider through Platform, described in these Terms and Conditions, in particular in §4 and §5.
2.5. Device – an electronic device that allows data to be processed, received, and sent such as a smartphone, tablet, and mobile phone;
2.6. User – means an entity to the benefit of whom Services may be provided by electronic means in accordance with the law or with whom a contract on the provision of services by electronic means may be concluded;
2.7. The Act – The Act on Combating Money Laundering and the Financing of Terrorism of 1 march 2018;
2.8. AML/KYC – the User’s authentication activities made in order to use Services, in particular by providing the data required by the Act. These activities are performed in order to determine the scope of financial security measures appropriate for a given business relationship or transaction and to assess the risk related to counteracting money laundering and terrorist financing, taking into account specific types of risk;
2.9. User Account – a User-assigned set of resources and entitlements within Platform that contains the information necessary for User authorisation and enables the use of the service.
2.10. Payment Means/FIATs – fiduciary or digital currency issued by the NBP (National Bank of Poland), foreign central banks or other public administrations that are legal tender.
2.11. Virtual Currencies – digital representations of value within the meaning of Article 2(2) (26) of the Act;
2.12. Transaction – a virtual currency operation ordered by the User, being a Service within the meaning of herein Terms and Conditions;
2.13. Wallet Address – a series of characters of an electronic identification data set offering the authorised Users to hold, store and transfer Virtual Currencies.
2.14. Payment Providers – a licenced entities which processes payments means’ payments or transfers in favour of the Provider in order to provide FIATs to recipient.
2.15. External Providers – third parties that provide content available through Platform’s website consisting particularly of offers, games, surveys and advertising;
3.1. Services provided through Platform consists in the possibility to carry out Transactions using Virtual Currencies, specifically:
3.1.1. FIAT to Virtual Currency exchange and reverse;
3.1.2. Exchange between Virtual Currencies;
3.1.3. Virtual Currencies payments (including donations, mass payments, standing orders);
Provider shall bear no liability for the use of Services in a contrary manner to these Terms and Conditions.
3.2. Services are regulated in detail in §4 and §5. Provider reserves the right to add other Services to Platform.
3.3. Provider shall provide Services in accordance with these Terms and Conditions.
3.4. Platform is available to all the Users of Devices with an Internet connection via website https://w-fox.io/. In order to use Services, the User must correctly enter the website address and go to this address on Device.
3.5. Services are provided 24 hours a day, 7 days a week, at the User’s individual request. i.e. visiting Platform.
3.6. The use of Services may be territorially restricted. Provider offers access to Services in accordance with local laws. Provider does not allow for the use of the Services by the Users under the jurisdiction of: Cuba, Iran, Israel, Iraq, South Korea, Sudan, South Sudan, Syria, Russian Federation, Pakistan, Nigeria, India, Indonesia, Benin and other indicated in Sanction Lists.
3.7. Provider reserves the right to choose, limit or refuse to provide services in a specific jurisdiction at any time.
3.8. Platform and all the materials, information and solutions contained therein, as well as the selection and arrangement of content presented within Platform, logos, graphic elements, trademarks, constitute the subject of exclusive rights of Provider or its business partners.
3.9. In order to start and run Platform correctly, the User needs to connect their device to the Internet by activating the mobile network data or Wi-Fi network.
3.10. Upon agreement to these Terms and Conditions, a contract on the provision of services by electronic means is entered into between Provider and User. The contract is concluded for an indefinite period of time.
3.11. Acceptance of Terms and Conditions by User is required before using Services and ordering Transactions. User declares that he/she accepts Terms and Conditions by ticking the appropriate check box. The moment of acceptance of Terms and Conditions by User is considered to be the moment of marking relevant checkboxes by the User before using Services.
3.12. Users are required to use Platform in a manner consistent with the applicable laws, Terms and Conditions, licences, terms and conditions of the websites and providers and payment providers, as well as with the principles of social coexistence, including general rules for the use of the Internet and websites, and respecting the rights of third parties, Payment Operators, External Providers and Provider.
3.13. In particular, User is required to use Platform in such a manner that it does not disturb the operation of Platform, is non-disruptive to other Users and Provider, and respects the personal interests of third parties (including the right to privacy) and any other rights vested in them. Additionally, User is required to use all the information and materials made available through Platform only for the authorised use and under the Licence.
3.14. Both User and Provider shall have the right to terminate the contract on the provision of services by electronic means at any time, without giving any reason. A declaration of termination may be submitted in writing or via e-mail to: https://inxy.io and shall take effect upon its receipt by the other party.
3.15. The use of Devices with a modified operating system, in particular adverse software resulting in the malfunction of Platform, is not permitted. In the event of their use by User, Provider is entitled to apply the measures indicated in §3(17) until User ceases to use such Device.
3.16. Users are required to immediately notify Provider of any violation of their rights in connection with the use of Services. Notifications may be sent via email to: [email protected]
3.17. If it is determined that User has committed any unlawful acts or violation of these Terms and Conditions, or any acts violating the rules of social co-existence or the legitimate interest of Provider, he may take any legal action, including limiting or preventing the use of Platform and the services provided through it by User.
3.18. Provider, as part of its cooperation with External Providers, may make different services, websites available to Users within Platform. The rules governing the provision of services by electronic means through these websites are specified in the respective terms and conditions of those websites or services. The use of the services or websites offered requires that the respective terms and conditions be reviewed and accepted. In the event of any discrepancies between these Terms and Conditions and the terms and conditions of particular websites or services, the terms and conditions of those websites shall apply. All matters not settled in the terms and conditions of particular websites or services shall be subject to these Terms and Conditions.
3.19. Provider shall bear no liability for the use of Services in a contrary manner to these Terms and Conditions.
4.1. Exchange Services are default Platform’s services. Exchange Service may consist specifically of an exchange of FIATs for Virtual Currency or reverse and exchange between Virtual Currencies.
4.2. As part of purchase or sale of Virtual Currencies, User has the option of choosing a type of Virtual Currency as part of Transaction.
4.3. Provider reserves that the list of available Virtual Currencies may change. Therefore, the possibility to perform a specific Transaction depends on the availability of a specific Virtual Currency.
4.4. In order to use a particular type of Transaction, User is required to select a particular type of Service, indicate the amount of Transaction and the deposit and withdrawal method.
4.5. Available forms of deposits and withdrawals may change according to current availability. Platform makes available various forms of deposits and withdrawals including: bank transfers, Visa card or MasterCard, Virtual Currency transfers.
4.6. In order to use the exchange service, User is required to:
4.6.1. select the type of Transaction
4.6.2. indicate the amount of the Transaction;
4.6.3. choose the type of Virtual Currency
4.6.4. indicate Wallet Address;
4.6.5. confirm the data entered and accepts the displayed consents and statements;
4.6.6. make payment in accordance with the selected type of Transaction;
4.7. User is obliged to register an account on Platform. In order to register, it is necessary to carry out the authentication operations consisting in the establishment of a login, a password and the provision of an email address, as well as to carry out AML/KYC verification in accordance with the information displayed on Platform.
4.8. The transaction is carried out according to the rate, determined at the time the Virtual Currency exchange transaction order is initiated. Provider reserves the right to determine the exchange rate of virtual currencies.
4.9. The use of the virtual currency exchange service involves fees. Provider charges fees for the currency exchange services in the form of:
4.9.1. Platform’s commission, which is included in the currently displayed Virtual currency exchange rate;
4.9.2. Transaction costs of a particular Virtual Currency network, which are included in the displayed amount of Virtual currencies that User buys or sells.
4.10. Provider reserves that the transaction costs for the purchase and sale of virtual currencies are not fixed. Total amount depends on the current situation of the network responsible for the functioning of the respective Virtual currency.
4.11. As part of each Transaction, User is informed of the amount of the transaction, i.e. including the fees referred to in § 4 (9). The transaction amount is valid for 15 minutes from the start of the transaction process.
4.12. Provider, in accordance with the Act, may request additional information from the User. The KYC procedure is carried out during account registration and each time for transactions exceeding the 1.000 EUR threshold or establishing permanent business relationship with User.
4.13. Provider reserves the right to limit the amount of a single transaction.
4.14. User shall be liable for incorrect data during the transaction, registration or KYC/AML procedures. Incorrect information may result in particular inability to carry out transactions.
4.15. Transaction withdrawals from exchange services and Wallet Addresses are provided by Provider.
4.16. FIATs payments are carried out by Payment Providers. Provider reserves the right to change Payment Provider.
4.17. Provider shall not be liable for risks associated with exchange rate fluctuations on which the market value of the virtual currency sold or purchased depends.
5.1. Virtual Currency payments are, in particular: Virtual Currency transfers, donations, mass payments and standing orders. Provider reserves that none of heretofore includes FIAT payment services.
5.2. Under specific Virtual Currency payment type, Provider shall give User the opportunity to:
5.2.1. perform Virtual Currency transfer between Wallet Addresses (including payments for goods and services via payment gate, API and dedicated payment links);
5.2.2. accept Virtual Currency donations;
5.2.3. perform mass Virtual Currency payments (including many single transfers to different Wallet Addresses at the same time);
5.2.4. set standing orders as scheduled (fixed dates) Virtual Currency transfers between Wallet Addresses.
5.3. As part of Virtual Currency payments, Provider supplies Transaction and User’s Wallet Address.
5.4. In order to undertake Virtual Currency payment, Platform provides User with the data for such payment. The data for virtual currency payment include the amount and Wallet Address to which the payment has to be made.
5.5. After payment referred to in §5 (2)(1) has been made, Provider transfers the payment confirmation to the merchant in order to process the order.
5.6. Provider reserves that the list of available Virtual Currencies may change. Therefore, the possibility to perform a specific Virtual Currency payment depends on the availability of a specific Virtual Currency.
5.7. The transaction is carried out according to the rate, determined at the time the Virtual Currency payment order is initiated. Provider reserves the right to determine the exchange rate of Virtual currencies.
5.8. The use of the Virtual currency payments service involves fees. Provider charges fees for the currency exchange services in the form of:
5.8.1. Platform’s commission, which is included in the currently displayed Virtual currency exchange rate;
5.8.2. Transaction costs of a particular Virtual Currency network, which are included in the displayed amount of Virtual currencies that User buys or sells.
5.9. Provider reserves that the payment costs are not fixed. Total amount depends on the current situation of the network responsible for the functioning of the respective Virtual Currency.
5.10. As part of each payment, User is informed of the total amount of the payment, i.e. including the fees referred to in § 5 (8). The payment amount is valid for 15 minutes from the start of the payment process.
5.11. Provider, in accordance with the Act, may request additional information from the User. The KYC procedure is carried out during account registration and each time for payment exceeding the 1.000 EUR threshold.
5.12. Provider reserves the right to limit the amount of a single transaction.
5.13. User shall be liable for incorrect data during the payment, registration or KYC/AML procedures. Incorrect information may result in particular inability to carry out the payment.
6.1. Appointment of Custodian: You may appoint us to act as the custodian of your Custodial Assets to be held in your custody account (“Custody Account”) per the terms of this Agreement, and we accept such appointment and all the obligations, duties, and responsibilities that are set forth in this Agreement.
6.2. Custodial account: To use our Custodial Services, you understand that you must request and be approved for a Custody Account. We will establish your Custody Account as a custody account that we control and secure for your benefit to store certain Custodial Assets of yours.
6.3. Deposit: You can only deposit Supported Assets into your Custody Account via a Blockchain Address we provide to you for such Supported Asset. We will credit all deposits of Supported Assets to your Custody Account once they are Delivered and approved. We make no representations or warranties regarding the amount of time needed to complete the processing of a deposit of a Supported Asset such that it is Delivered to us, which is dependent on factors outside our control.
6.4. In terms of the Custodial services, you will be allowed to:
Your Custody Account will have one or more associated Blockchain Addresses where your Supported Assets can be deposited via a Custody Account Transaction. We may at our discretion transfer the Custodial Assets to other Wallets to ensure maximum safety.
6.5. A Supported Asset will only become a Custodial Asset subject to this Agreement once it has been Delivered to the Blockchain Address that we provide to you for such Supported Asset for your Custody Account, and subject to our Custody Account Transaction approval process. Title to Supported Assets and Fiat Currency in your Custody Account remains with you at all times. As owner, you bear all risk of loss of such Supported Assets.
6.6. Custody Account Transactions: We do not guarantee the identity of any Authorized Person, user, receiver, requestee, or other party to a Custody Account Transaction. You must verify all information prior to initiating a Custody Account Transaction. You are responsible for all losses and liabilities that result from providing inaccurate information (e.g., if you provide the wrong Blockchain Address for executing a Withdrawal Instruction). We reserve the right to charge our fees, including applicable network fees to process a Custody Account Transaction on your behalf. We will calculate the network fee, if any, in our discretion, although we will always notify you of the total estimated fee at or before the time you authorize the Custody Account Transaction.
6.7. Withdrawals: Before you may withdraw any Assets, you must first designate the Blockchain Address to which you would send any withdrawn Assets and we need to approve the Blockchain Address. Once you have an approved Blockchain Address, we process withdrawals from your Custody Account per the Withdrawal Instruction we receive, whether from you or an Authorized Person. You or the Authorized Person should verify all transaction information before submitting a Withdrawal Instruction. We reserve the right to refuse to approve a Blockchain Address or right to remove an approved Blockchain Address which was previously approved to be used for withdrawals based upon our legal and risk requirements.
6.8. Supported assets: We only offer Custodial Services to Supported Assets. The Assets that we support may change. Before you initiate a deposit of your Asset to your Custody Account, you must confirm that we offer Custodial Services for that specific Asset. When you initiate a deposit of an Asset to your Custody Account, you attest and acknowledge that you have confirmed that the Asset you want to transfer is a Supported Asset. You will not, under any circumstance, attempt to use the Custodial Services to deposit or store Assets that are not Supported Assets. Depositing or attempting to deposit Assets that we do not support may result in such Asset being unretrievable by you or us. We assume no obligation or liability regarding any unsupported Asset sent or attempted to be sent to your Custody Account, or attempt to use the Custodial Services for Assets that we do not support.
If a Supported Asset becomes a non-supported Asset, we will provide you with thirty (30) days’ written notice before ceasing to support an Asset. If you have not withdrawn the Supported Asset or converted the Supported Asset via a Settlement Transaction before we cease to support the Asset, you agree that we are permitted, but not required, to sell the Asset on the open market at the current market price and return the proceeds (minus any fees associated with the sale, any discounts, rebates, damages, or all of the above to which we are entitled) in a form of a Supported Asset to your Custody Account.
6.9. Statements: We will provide you a statement of your Custody Account which will be available in the online portal or upon request, you may view and print the statement at your convenience. The statement will include all Custody Account Transactions and fees associated to your Custody Account.
6.10. Acknowledgement of Risks: You acknowledge that Supported Assets may constitute new forms of Assets and that the law concerning their ownership, custody, Settlement, and transfer is evolving. You acknowledge that using Supported Assets and any related networks and protocols involves risk, including risks that may not be present with traditional asset classes.
We do not own or control the underlying software protocols of the networks which govern the operation of Supported Assets. By using the Custodial Services, you acknowledge and agree (that we are not responsible for operation of the underlying protocols and that we make no guarantee of their functionality, security, or availability; and (that the underlying protocols are subject to changes in how they operate, such as through a fork, and that such forks may affect the value and function of the Asset you store in your Custody Account. In the event a fork of a Supported Asset occurs, you agree that we may temporarily suspend our operations; provided that we shall (where practical) provide advance written notice to you at the email address you have provided us upon our becoming aware of such a potential suspension due to a fork of a Supported Asset, and that we may, in our sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that we assume no responsibility in respect of an unsupported branch of a forked protocol. Further, you acknowledge and agree that in no event will we be liable for or in connection with any acts, decisions, or omissions made by the developers of such Supported Assets.
6.11. You acknowledge and agree that we have the right to suspend your Custody Account, freeze any Custodial Assets you have in your Custody Account, suspend or limit your access to your Custody Account, or all of the above, if we suspect, in our sole discretion, that you, the Custody Account, or both are in violation of any provision of this Custody Agreement, any applicable laws, or our anti-money laundering policy. You further agree that we have the right to suspend your Custody Account, freeze any Custodial Assets you have in your Custody Account, suspend or limit your access to your Custody Account, or all of the above, if we have determined, in our sole discretion, providing Custodial Services to you or your Supported Assets fails to meet our internal risk requirements or legal risk requirements
7.1. The company is authorized to provide advice on crypto-assets or/and portfolio management of crypto-assets. Upon request the company can be appointed as the Crypto Asset Manager to manage, trade, and otherwise have discretion and control over the assets stored in the Client’s wallet in accordance with the terms and conditions set forth in this Agreement.
7.2. The company agrees to use its best efforts and expertise to manage the Crypto Assets on behalf of the Client. This includes staking, making investment decisions, trading, hedging, and any other activities deemed necessary for the management of the Crypto Assets. The Asset Management Company shall act in accordance with the investment objectives, risk tolerance, and any guidelines provided by the Client.
7.3. In addition, the Company may execute transactions for the purchase and sale of Crypto Assets upon receipt of relevant instructions from the client. Such instruction can be made in free format, but they must include such parameters as “name of the underlying asset”, “volume” or “quantity”, “price” or “price limit” and “validity”.
7.4. The Asset Management Company shall be entitled to a management fee of percentage % of the market value of the Crypto Assets under management, calculated and payable on a quarterly basis in arrears. In addition, a performance fee of percentage% of the appreciation in the value of the Crypto Assets over a specified benchmark shall be payable annually. Specific details regarding fee calculation, payments, investment objectives, risk tolerance, and any additional guidelines are discussed individually with each client.
7.5. The Crypto Asset Management Company shall provide reports to the Client detailing the performance, transactions, and other relevant information regarding the management of the Crypto Assets. The frequency and format of the reports are to be as per the agreement between the parties.
7.6. Either party may terminate this Agreement upon 30 days written notice to the other party. The other party should respond to this notice with consent or refusal. Upon termination, the Crypto Asset Management Company shall transfer the Crypto Assets back to the Client’s wallet or an appointed custodian wallet.
7.7. The Client understands and acknowledges that investing in, buying, and selling Crypto Assets presents a variety of risks that are not presented by investing in, buying, and selling products in other, more traditional asset classes. These risks include, but are not limited to, the following:
7.7.1. Crypto Assets are not legal tender, operate without central authority or banks, and are not backed by any government.
7.7.2. Crypto Assets are a new technological innovation with a limited history and are a highly speculative asset class, and as such, have in the past experienced, and are likely in the future to continue to experience, high volatility, including periods of extreme volatility.
7.7.3. Crypto Assets could become subject to Forks, and various types of cyberattacks, including but not limited to a “51% Attack” or a “Replay Attack”.
7.7.4. Trading platforms on which Crypto Assets are traded, including exchanges that may be used by the company to fill Trade Orders, may stop operating or shut down due to fraud, technical problems, hackers or malware, and these trading platforms may be more susceptible to fraud and security breaches than established, regulated exchanges for other products.
7.7.5. The decentralized, opensource protocol of the peer-to-peer computer network supporting a Crypto Asset could be affected by internet disruptions, fraud or cybersecurity attacks, and such network may not be adequately maintained and protected by its participants.
7.7.6. Regulatory actions or policies may limit the ability to exchange a Crypto Asset or utilize it for payments, and federal, state or foreign governments may restrict the use and exchange of Crypto Assets.
7.7.7. It may be or in the future become illegal to acquire, own, sell, or use a Crypto Asset in one or more countries, and the regulation of Crypto Assets is still developing.
7.7.8. A Crypto Asset could decline in popularity, acceptance or use, thereby impairing its price and liquidity. It may be or in the future become illegal to acquire, own, sell, or use a Crypto Asset in one or more countries, and the regulation of Crypto Assets within and outside of the United States is still developing.
7.7.9. A Crypto Asset could decline in popularity, acceptance or use, thereby impairing its price and liquidity.
7.8. The risks described above are just some of the risks presented by investing in, buying and selling Crypto Assets, and the Client acknowledges that the Client is solely responsible for understanding and accepting the risks involved in investing in, buying, and selling Crypto Assets, acknowledges that, subject to the other provisions of this Agreement, the company has no control or influence over such risks, and acknowledges that the company shall not be liable for any loss in value of Crypto Assets that occurs in connection, directly or indirectly, with these risks.
8.1. Complaints regarding Services or operation of Platform as well as questions regarding the use of Services, shall be addressed to Provider at: [email protected]
8.2. A complaint should include: a detailed description and reason for the request, User’s contact details;
8.3. Within 14 days of receipt, Provider shall investigate the complaint and inform User of the investigation result. This time limit may be extended if the investigation of a given complaint requires special and/or unique information or if the Provider encounters other difficulties outside Provider’s control or if additional information needs to be obtained from User. The time taken by User to provide additional information shall, from time to time, extend the time taken to investigate the complaint.
8.4. Provider shall send a reply to a complaint to the e-mail address from which the complaint was received.
8.5. If User submits an email complaint, he agrees to receive a response from Provider in the same form.
8.6. User’s use of out-of-court means of complaint investigation and claim assertion is voluntary.
8.7. User being a consumer shall be further entitled to seek dispute resolution via the EU ODR platform available at http://ec.europa.eu/consumers/odr/.
8.8. Provider reserves the right not to respond to a complaint that is clearly unfounded, in particular in so far as the complaint has already been processed in respect of the User concerned.
8.9. The right of revocation of concluded contract is excluded based on Article 38(13) of the Consumer Rights Act of 30 May 2014, due to the provision of digital services by the Service Provider that are not recorded on a tangible medium and the fulfillment of which has begun with User’s express consent before the expiry of the revocation period and after informing the User of the loss of the right of revocation.
9.1. Provider shall provide ongoing supervision of the technical functioning of Platform, ensuring that it operates correctly. Provider does not guarantee the continuous availability of all the services of Platform or their error-free functioning.
9.2. User use Platform on a voluntary basis, at their own risk. The liability of Provider for any damage caused by the use of Platform, in particular non-functioning and malfunctioning, shall be excluded to the fullest extent legally permissible.
9.3. Provider shall not be responsible for any restrictions or technical problems in the information and communication systems used by Users’ Devices that prevent or restrict Users from using Platform and Services offered by it.
9.4. There might be interruptions in Platform functioning due to technical reasons. User shall have no claims in connection with such interruptions or cessation of Services provided.
9.5. Provider shall have the right to block access to Platform or particular services in the event of any irregularities in the use of Platform, in particular circumstances that could harm the User or Payment Operators, External Providers or Provider.
9.6. Provider shall not be responsible for temporarily suspending access to Platform for the period necessary to remedy the risks or irregularities.
10.1. Provider, i.e. WINTERFOX SOLUTIONS POLAND Sp. z.o.o. with registered office in Poland, Ul. Hoża 86-210 Warszawa, mazowieckie, for which District Court for the capital city Warsaw in Warsaw, XII Commercial Division of the National Court Register maintains registration files under the following number: 0000984493, NIP (tax identification number): 7011101435 with the share capital of 5.000,00 PLN, is the Controller of the personal data.
10.2. Personal data shall be processed in accordance with the provisions of the 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 (hereinafter referred to as “GDPR”), the Act of 10 May 2018 on the protection of personal data and the Act of 18 July 2002 on the provision of services by electronic means.
10.3. The Controller shall ensure that appropriate technical and organizational measures are in place to ensure the security of the personal data processed, in particular preventing unauthorized third parties from accessing the data or processing them in breach of the generally applicable laws, preventing the loss, damage or destruction of such personal data. Detailed rules for the processing of personal data are laid down in the Privacy Policy available at https://w-fox.io/privacy-policy/, which forms an integral part of these Terms and Conditions.
11.1. Provider states that, as an obliged institution within the meaning of Act or the execution of internal AML procedures, it may require additional verification from Users of Platform.
11.2. In Particular verification procedure may request additional data, in particular:
11.2.1. personal data confirmed by an identity document;
11.2.2. documentation of the source of funds;
11.2.3. other data required by Provider.
11.3. Failure to provide the requested data may result in the suspension of the transaction and, consequently, in the refusal of the transaction.
11.4. Transactions are verified in accordance with the current requirements of Act as well as Provider’s own AML procedure.
11.5. Provider informs that it uses safeguards and technical solutions to monitor the transactions carried out by the Users in order to prevent circumvention of the Act.
11.6. Entities who cooperate with Provider as part of Services provided on Platform may verify User to the extent specified in the relevant international acts on counteracting money laundering and terrorist financing (AML). Pursuant to the legal requirements, the entity performing such verification may perform it again in the event of statutory premises, also in accordance with the internal security procedure.
12.1. Provider reserves the right to temporarily or permanently terminate or limit activity of Platform. In particular, Provider is entitled to conduct maintenance work of Platform to restore security and stability of the system. Accordingly, User acknowledges and accepts that he/she has no claims regarding such interruptions or restrictions of access to Platform.
12.2. Provider has the right to amend Terms and Conditions at any time. In such a situation, Provider shall inform about changes hereto in a visible place on Platform, including in particular by posting a new version hereof on Platform.
12.3. No legal basis or incompleteness of any of the provisions contained herein does not mean that the entire Terms and Conditions is legally void. Such provisions shall be amended to the ones that best reflect their meaning and purpose.
12.4. The content of these Terms and Conditions as well as any disputes between the Provider and User shall be governed by the Polish law.