The latest version was published on 6 March 2024.
These Terms of Use are a legal contract (hereinafter “Terms”) between FIDGYTEX Sp. z o.o., a company registered according to the laws of the Republic of Poland (hereinafter “Company” or “We” or “Us” and individual or legal entity (hereinafter “User” or “You”), to whom Company renders the Service, as updated from time to time and related matters.
Your consent acknowledges that You have carefully read and understood these Terms in its entirety and that You agree to all of the provisions contained herein.
Your consent further represents, warrants and certifies that the information provided by you for and during the rendering of the Services to you is true and complete to the best of your knowledge.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE.
The Service is not allowed for use by individuals who are under the age of eighteen (18) years old or who are not of the age of majority in the place where they are located or domiciled.
Company - FIDGYTEX Sp. z o.o., a Polish private limited liability company registered under register number 526219205, with the address st. Hoza 86, Room 210, 00-682, Warsaw, Poland.
User - means an individual must be age 18 or a legal entity that has read and agreed to the Terms and uses services of the Company provided through the Widget.
KYC or Due Diligence - means the procedure undertaken by Us for User information and identity verification purposes according to applicable laws, risk management and Anti-Money Laundering policy of the Company.
Your Jurisdiction - means the place where you are located or domiciled or both.
Cryptocurrency - means a peer-to-peer digital representation of a value (e.g., Bitcoin, Ethereum, Litecoin, etc.) can be digitally traded or transferred and in which encryption techniques are used to regulate the generation of digital units and verify the transfer of assets.
Fiat (Fiat Currency) - a government-issued currency designated as legal tender in its country of issuance through government decree, regulation, or law.
Payment Service Provider - refers to any Payment institution or Company that provides wallet and/or Cryptocurrency storage and electronic transfer facilities to the User but excludes the Company.
Wallet (Wallet Address) - means an on-blockchain virtual address in which Cryptocurrency can be held and/or transferred to/from the Wallet.
Website - www.fidgytex.com
(a) The Company provides the User with the following exchange services (hereinafter – Services):
(b) User can to submit his User Order to the Company using the Widget integrated into the Company’s platform. Furthermore, subject to User’s meeting the specified conditions and obligations in these Terms, you may also submit your Order to the Company via the Widget integrated into the platform of a third party entrusted by the Company.
Please note that the Company cannot be held responsible for any third-party platforms or applications through which Users access the Company’s Services, nor for any resulting damage or loss.
(c) Upon submitting an Order, applying for, and engaging with the Service, you are implicitly accepting the Terms in effect at that time. Therefore, it is imperative that you carefully review these Terms each time you utilize the Service and/or submit an Order to the Company.
We reserve the right to amend these Terms at any time, with such changes being published on this page. Any alterations take immediate effect upon posting. Failure to agree to or comply with the Terms, or any other regulations governing any of the Company’s Services, will result in your inability to use Services. Users are solely responsible for non-compliance with, or failure to adhere to, the Terms.
(d) The utilization of the Services is contingent upon the User furnishing the Company with information necessary for identity verification and compliance with anti-money laundering, counter-terrorism financing, fraud prevention, or other legal requirements, allowing us to maintain records of such information. Prior to gaining access to the Services, you must complete specified verification procedures. The information requested may encompass personal details such as your name, address, contact number, email address, date of birth, taxpayer identification number, government ID number, bank account particulars (including bank name, address, account type, and number), mobile device identifiers (IMSI and IMEI), and other relevant information.
(e) You authorize us to conduct inquiries, whether directly or through third parties, as deemed necessary to verify your identity, safeguard against fraud, financial crime, or other illegal activities, and to take appropriate actions as required by us or deemed necessary by relevant cryptocurrency networks/payment schemes.
(f) The Company does not facilitate the opening of accounts or provide wallet services (both Cryptocurrency and Fiat) to Users. You understand and acknowledge that the Company bears no responsibility for the safekeeping or custody of your assets, including any private keys or other security information required to access them. Furthermore, the Company cannot be held liable for any loss of assets resulting from theft, loss, or mishandling of private keys, credentials, or other security information.
(g) When utilizing the Services, you are directly purchasing Cryptocurrency and/or Fiat from the Company. The Company does not function as an intermediary or marketplace between other buyers and sellers of Cryptocurrency.
At no stage during the purchase or sale of Cryptocurrency will the Company have possession or control of User funds.
(h) The Company reserves the right to impose specific limitations, such as minimum or maximum order volumes, that Users may request. These limits are subject to adjustment at the discretion of the Company.
(i) User confirms that in order to process his/her transactions the Company may need certain information from the User that will be shared with third party services. User consents to provision and processing of such information by third parties. Generally, the Company tends to disclose any such third party upon specific request, however, the Company retains the right not to limit itself to such third parties or disclosure. The Company reserves the right, for whatever reason, not to disclose some third-party service providers to Users.
(j) The Company cannot control the transaction times within the Cryptocurrency network, and there may be occasions where transactions take longer than expected. By using our services, you acknowledge the risk that Cryptocurrency transfers initiated by the Company may experience delays. You agree not to hold the Company accountable for any resulting losses, damages, or inconveniences arising from such delays.
(k) The Company utilizes Cryptocurrency exchanges and payment service providers to facilitate Cryptocurrency transfers as per the User’s submitted Order. The Company bears no responsibility for any actions, delays, or errors incurred by these cryptocurrency exchanges, payment service providers, or payment schemes. Additionally, the Company is not liable for the selection of Cryptocurrency exchanges and payment service providers made by Users.
(a) The User acknowledges that the Company has the following rights:
(b) In case of any dispute the Company reserves the right to apply to third parties for advice and/or investigation, expertise or analysis, including, without limitation, on a fee paid basis and the Company shall retain the right to forward such costs to the User under to the provisions of these Terms.
(c) The Company will make all possible endeavors to execute Orders placed by the User. The User hereby understands that the Company is unable to guarantee the execution of the User’s Orders or requests and that the User will not hold the Company liable for any failure in the execution process.
(d) The User acknowledges and agrees that the exchange rates vary regularly and may be affected by matters and events outside the control of the User or the Company.
(a) User orders to exchange Fiat currency for Cryptocurrency, as well as to exchange Cryptocurrency for Fiat currency, may be submitted to the Company via Widget (hereinafter - the Order/User Order) under the following conditions (it is considered that these conditions are met upon your submission of the Order):
(b) By submitting an Order, the User acknowledges and comprehends that, due to the nature of Cryptocurrency and the involvement of third parties in the provision of the Service:
For example, ongoing fluctuations in the price of Cryptocurrency or the Network Fee that may occur during or after the submission of the Order by the User and the initiation of the transfer of Cryptocurrency by the Company.
(c) It is your responsibility to furnish the Company with a Wallet Address that is true, accurate, and complete when initiating an Order. You are required to verify whether the displayed Wallet Address provided for the provision of Services is indeed the correct one.
You acknowledge and agree that the Company bears no responsibility for incorrect or inaccurate Wallet Addresses. Once you submit an Order to the Company, the Wallet Address is considered confirmed by you as the correct one for the respective Order. We are not obligated to verify whether you have provided a correct and accurate Wallet Address for the Order.
You are obliged to ascertain whether a transfer of Cryptocurrency can be successfully completed to the Wallet Address you have provided to the Company. Certain Cryptocurrency wallet providers may impose limitations in this regard, potentially resulting in the Cryptocurrency being released by the Company but not received in the Wallet. In such instances, the Company will not be held liable, and the service will be deemed fulfilled.
(d) The User is required to indemnify the Company and its subsidiaries, affiliates, beneficiaries, owners, shareholders, board members, directors, representatives, attorneys, officers, managers, employees, agents, and contractors against any claims, losses, damages, lawsuits, and expenses, of any nature, including reasonable legal fees and the costs associated with any trades (such as Network Fees, Processing Fees) incurred by us in relation to or arising from your access to or use of the Services, or your activities associated with the Services, and for any breaches of these Terms or violations of any laws, regulations, orders, or other legal requirements, or the rights of third parties, or any actions or omissions by you or any person acting on your behalf while using the Services, regardless of whether the specific use was expressly authorized by you.
(a) User agrees to pay the following User Fees for the usage of the Services as set forth, published, amended, and updated from time to time at the sole discretion of the Company (hereinafter - Fees):
(b) User Fees shall be presented to User prior to processing of User Order.
(a) Once an Order has been submitted, it cannot be canceled or revoked by you. All Orders are considered final and are non-refundable/non-returnable. You are not entitled to any credit, refund, or return, and all Cryptocurrency purchases are deemed final.
(b) We retain the right to cancel your Order without prior notice and without providing a reason.
(c) The Company bears no responsibility for any inaccuracies in the data provided by you. It is your obligation to verify all information before submitting it to the Company.
The Company shall not be held responsible for any losses or damages incurred by the User due to the User’s negligence, including but not limited to loss of Fiat Currencies, Crypto, or investment opportunities; actions of Cryptocurrency networks; actions of payment schemes/payment systems; delays of Cryptocurrency networks and/or payment service providers. The Company is not liable for the consequences of any limits imposed by you or any third-party wallet providers/payment method providers. We do not take responsibility for issuing refunds, regardless of whether you were the victim of fraud, mistake, or loss of private key or other credentials.
Transfers of Cryptocurrency are irreversible, and the Company cannot reverse any initiated transfers of Cryptocurrency, even if you provided incorrect Wallet data or other information, changed your mind, or decided to reverse or cancel the Order submitted to the Company.
(a) These Terms remain in effect until terminated by the Company.
As the User engages in one-off transactions with the Company to exchange Fiat currency for Cryptocurrency and/or exchange Cryptocurrency for Fiat currency at the Company’s applicable exchange rate, there is no ongoing legal relationship between the User and the Company. Therefore, the User may simply discontinue the use of the Services.
(b) The Company reserves the right to suspend your access to and use of the Services or terminate relations with you without prior notice or liability if:
The Company shall not be held liable for any damages suffered by you resulting from the suspension and/or termination of your access to and use of the Services or relations with the Company, or in cases where such actions are due to the fault of the User.
(c) Any provisions in these Terms intended to survive termination—such as indemnity, taxes, warranty disclaimers, intellectual property rights, and governing law—will remain in effect.
(a) The User represents and warrants that:
(b) You agree that accessing and utilizing the Services implies assuming your own risk. Prior to utilizing the Services, it is imperative that you carefully assess whether purchasing or holding Cryptocurrency is appropriate for you, taking into consideration factors such as your financial circumstances and knowledge regarding the Cryptocurrency of interest. Purchasing Cryptocurrency carries a significant risk of loss, and the value of Cryptocurrency is highly volatile. None of the information provided by us should be construed as financial advice. If you have any uncertainties regarding your course of action, we strongly recommend consulting with a legal, financial, tax, or other professional advisor(s). If any of the risks associated with the Services are unacceptable to you, refrain from using them.
(c) The User agrees to defend, indemnify and hold harmless the Company, its affiliates, employees, agents, successors, subsidiaries, assignees and each of their respective officers, directors, shareholders, members, partners, attorneys, employees, from and against any and all liabilities, losses, damages, costs and expenses, including attorney’s fees, incurred by the Company, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from or arising out of the User’s failure to fully and in a timely manner perform the User’s obligations hereunder or use, misuse, or inability to use the Services, or any of the materials contained therein, or the User’s breach of these Terms or should any of the representations and warranties fail to be true and correct.
(d) The User is solely responsible for calculating and declaring their activities to appropriate tax authorities (if required).
The Company is not liable for:
(a) The Company does not provide Services to persons who reside in the countries identified by the FATF as high risk or non-cooperative jurisdictions having strategic AML/CFT deficiencies.
(b) The Company does not provide Services, to persons residing in:
The above list may be updated at any time with or without updating this document.
(c) The Company does not accept transfers to/from an Account at a bank and/or other payment institution incorporated in the USA, its territories or possessions or in the Countries identified by the FATF as high risk or non-cooperative jurisdictions. In case the Company knows or suspects or has reasonable grounds to know or suspect that the User became a resident of a country not serviced by the Company, We will immediately limit the Services availability.
The User does hereby agree and acknowledge that the technological facility, and related software and Services may be provided by an external third-party licensor/s. The Company does not bear any responsibility, whether expressed or implied or statutory, in respect of non-infringement as to the technological facility, and related software and Services provided by external third-party licensors. We make no representations or warranties that the technological facility, and related software and Services will be uninterrupted, timely, secure, or error-free; nor do We make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy, or completeness of the above, as additionally specified by us.
(a) Privacy and data protection is governed by Our Privacy Policy.
(a) These Terms, and the rights and obligations of the parties hereto, shall be governed by and enforced in all respects by the laws of the Republic of Poland, without regard to the choice of law principles.
(b) The User agrees that any civil action, arbitration or other legal proceeding between the Company or its employees or agents, and the User arising out of or relating to these Terms shall be brought, heard and resolved only by a competent court located on the Republic of Poland and the User hereby waives trial by jury in any such action or proceeding and waives the right to have such proceeding transferred to any other location. No action, regardless of form, arising out of or relating to these Terms or transactions hereunder may be brought by the User more than one year after the cause of action arose.
(c) The Company may offer to settle any claim in an independent third-party organization, such as an arbitration court in the jurisdiction of the Company. The User may agree or not agree to take this avenue.
(a) If the User has any questions or concerns related to the Terms, their rights and/or obligations, they can contact the Company by the email: [email protected].
(a) You understand, acknowledge and agree that the Company may amend or change these Terms at any time at its sole discretion. The Company will post the amendment or an updated version of the Terms on the Website with an indication of the last update date. The User agrees to be bound by the terms of such amendment or change after (one) business day after the Company has posted such amendment as specified above.
(b) All such amendments and changes shall apply equally to all Users, including those who accepted these Terms before the effective date of the amendments or changes.
(c) The User shall become acquainted with the current version of these Terms and shall monitor all changes and amendments hereto and bear all risks associated with the failure of this obligation.
(d) If the User objects to a part or all of the Terms, then the User must stop using the Services of the Company immediately. By continuing to use Our Services and the Website, You acknowledge that You agree to be bound by provisions of these Terms (with all changes and amendments thereto).
The User expressly acknowledges that the Company retains sole ownership of the Widget, the Company’s website, the Service, and/or any other associated intellectual property rights. The Widget, the Company’s website, and all information, content, materials, graphics, products, website addresses, layouts, and services provided through the Widget and the Company’s website/platform are the exclusive property of the Company and are protected by applicable laws. All rights and goodwill associated with these assets are, and shall remain, vested with the Company.
You are prohibited from reproducing or storing any part of the Company Widget and/or Services or marks in any manner without the prior written consent of the Company, which the Company reserves the right to deny at its discretion. The User agrees to promptly notify the Company of any actual, threatened, or suspected infringement of the Company’s intellectual property rights that comes to the User’s attention, as well as any claims by third parties arising from the use of the Services.