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Agreement

User agreement GENERAL PROVISIONS 1. These Regulations define the rules for the use of the online currency exchange office available at: https://dtex.softsolutionstech.net/, as well as for the provision of services via electronic means by the Service Provider: SOFTSOLUTIONS TECH SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, KRS: 0000992257, within the meaning of Art. 8 of the Act of 18 July 2002 on the provision of electronic services. 2. The activity of the Service Provider is subject to mandatory entry in the register of activities in the field of virtual currencies, referred to in Art. 129m of the Act of March 1, 2018 on counteracting money laundering and terrorism financing. The Service Provider has a current entry in the register under the number RDWW-620 of February 7, 2023. The register is kept by the Director of the Tax Administration Chamber in Katowice, the current status of which is available on the official website. 3. The service provider is an obligated institution within the meaning of Art. 2 section 1 point 12 of the Act of March 1, 2018 on counteracting money laundering and terrorist financing, therefore it applies internal procedures aimed at counteracting money laundering and terrorist financing. 4. Each User is obliged, from the moment of taking steps to use the SOFTSOLUTIONS TECH Website, to comply with the provisions of these Regulations. The content of the Regulations is available to Users on the Website and is made available during the registration procedure. 5. The User is obliged to read the content of these Regulations. Acceptance of the Regulations is voluntary, but it is a condition for using the SOFTSOLUTIONS TECH Website. 6. The Regulations are available in electronic form on the Service Provider's website in such a way that Users can store and retrieve them in the course of ordinary activities. DEFINITIONS 1. Service provider - SOFTSOLUTIONS TECH SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, KRS: 0000992257. 2. Regulations - this document specifying the rules and conditions of using the Website. 3. Website - online virtual currency exchange office available at: https://dtex.softsolutionstech.net/. 4. Services - services provided electronically by the Service Provider via the Website, described in these Regulations. 5. Device - an electronic device that allows processing, receiving and sending data, such as a laptop, computer, smartphone, tablet, mobile phone. 6. User - means an entity to which services may be provided electronically in accordance with the provisions of law or with which an agreement for the provision of services electronically may be concluded. 7. KYC - User authentication activities undertaken in order to use the Website's functions, in particular providing the name, surname, citizenship, date of birth and sending appropriate photos of the identity card along with the User's image. 8. Authorization - User's authentication activities undertaken during each transaction, consisting in verifying the User by sending an SMS and messages to the indicated e-mail address. 9. User Account - a set of resources and authorizations assigned to the User within the Website, containing information necessary for its authorization and enabling the use of the service. 10. Means of payment - fiat or digital money issued by the National Bank of Poland, foreign central banks or other public administration bodies that are legal tender. 11. Virtual currencies - currencies within the meaning of Art. 2 section 2 point 26 of the Act of March 1, 2018 on counteracting money laundering and terrorism financing. 12. Transaction - currency exchange ordered by the User, consisting in the purchase, sale or exchange of virtual currencies or means of payment. 13. Wallet address - a string of characters of an electronically maintained set of identification data ensuring the possibility of storing and managing virtual currencies. 14. Services - electronic (digital) services within the meaning of the Act of July 18, 2002 on the provision of electronic services, provided via the Website, in particular consisting in the provision of currency exchange services. 15. Payment operator - an entity that processes Users' payments to the Service Provider in order to exchange them for virtual currencies. 16. Suppliers - external entities that provide content available on the Website, in particular offers, surveys and advertisements. ACCESS AND USE OF THE WEBSITE 1. The basic Service provided via the Website is the possibility of exchanging between virtual currencies and means of payment under the conditions specified in §4 of these Regulations. The Service Provider reserves the right to also introduce other Services on the Website. 2. The Service Provider provides Services under the terms set out in these Regulations. 3. The website is available to all Device Users connected to the Internet via the website https://dtex.softsolutionstech.net//. To use the Website, the User must correctly enter the website address and run it on his Device. 4. Services using the Website are provided 24 hours a day, 7 days a week, at the User's individual request, consisting in launching the Website and using the Services. 5. The use of the Services may be territorially limited. The Service Provider offers access to the Services in accordance with local law. The Service Provider does not allow Users from the jurisdiction of: Cuba, North Korea, South Sudan, Syria, Iran to use the Services. 6. The Service Provider reserves the right to select, limit or refuse to provide services in a specific jurisdiction at any time. 7. The website and all materials, information and solutions contained therein, as well as the selection and arrangement of the content, logos, graphic elements and trademarks presented on the website are the subject of the exclusive rights of the Service Provider or its business partners. 8. To launch and properly operate the Website, it is necessary to connect the device to the Internet by activating mobile networks or Wi-Fi. 9. Upon acceptance of the Regulations, an agreement for the provision of electronic services is concluded between the Service Provider and the User. The contract is concluded for an indefinite period. 10. Acceptance of the Regulations by the User is required before using the Services and ordering a Transaction. The user declares that he accepts the regulations by checking the appropriate box. occurs during The moment of acceptance of the Regulations by the User is considered to be the moment of unchecking the User's declaration before using the Services. 11. Users are obliged to use the Website in a manner consistent with applicable law, Regulations, website regulations and regulations of Suppliers and Payment Operators, as well as with the principles of social coexistence, including general principles of using the Internet and websites, as well as respecting rights of third parties and the Service Provider. 12. The User is obliged, in particular, to use the Website in a way that does not disrupt its functioning, is not burdensome for other Users and the Service Provider, and respects the personal rights of third parties (including the right to privacy) and any other rights they have. Moreover, the User is obliged to use all information and materials made available via the Website only within the scope of permitted use and possible licenses. 13. The User is obliged not to provide illegal or offensive content, content violating the personal rights of third parties, inciting to commit a crime, as well as vulgar statements, as well as advertising content without the prior consent of the Service Provider. 14. Users are obliged to immediately notify the Service Provider of any violation of their rights in connection with the use of the Website. The notification can be sent by e-mail to: [email protected]. 15. If it is found that the User engages in activities prohibited by law or the Regulations, or violating the principles of social coexistence or detrimental to the justified interest of the Service Provider, the Service Provider may take any actions permitted by law, including limiting or preventing the User from using the Website and the services provided through its Services. 16. Both the User and the Service Provider have the right to terminate the contract for the provision of electronic services at any time, without giving reasons. A declaration of termination of the contract may be submitted in writing or by e-mail to the following address: [email protected] and is effective upon delivery to the other party. 17. The Service Provider, as part of cooperation with various Suppliers, may provide Users with other platforms within the Website. The rules for providing electronic services on these websites are specified in the individual regulations of these websites. Using the offered websites requires reading and accepting the individual regulations. In the event of any conflict between the Regulations and the regulations of individual websites, the provisions of the regulations of individual websites shall apply. In matters not regulated in the regulations of individual websites, the provisions of these Regulations shall apply. 18. The Service Provider is not liable TERMS OF USE 1. The default function of the Website is to provide exchange services between virtual currencies and means of payment. 2. As part of the currency exchange service, the user can choose a transaction involving the purchase or sale of virtual currencies, involving an exchange between virtual currencies or an exchange between means of payment and virtual currencies. 3. In order to use a specific type of transaction, the User is obliged to select a specific type of transaction and the deposit and withdrawal method. 4. The range of available deposit and withdrawal methods may change depending on current availability. The website generally provides various forms of deposits and withdrawals, including: • cash money; • transfer of virtual currency; • payment by Visa or MasterCard. 5. In order to complete the transaction, the User is obliged to: • approval of the form and amount of payment; • approval of the form of payment; • indication of the address of the virtual currency wallet to which the funds will be transferred; • completing personal data necessary for authorization; • completing a captcha test or other similar security measure; • confirming the provided data using the Exchange button; 6. If you choose to purchase virtual currencies using a Visa or MasterCard card, the User is additionally obliged to provide the card details necessary to process the transaction, including the card number, expiry date and CVV or CVC code. 7. After completing the data correctly, the User is obliged to enter the authorization code sent to the given data in accordance with the selected authorization method. 8. In order to maintain the exchange rate, the User is obliged to finalize the transaction within: • 5 minutes for deposits and withdrawals using cash, counted from the moment of data confirmation; • 10 minutes for deposits and withdrawals using Visa or MasterCard. 9. Exceeding the time means the transaction expires and the exchange rate changes, for which the Service Provider is not responsible. 10. The Service Provider reserves the right to change the forms of deposits and withdrawals. Some forms, including cash withdrawals, may depend on the User meeting additional requirements referred to in section 18 et seq. 11. Using the services available on the Website may involve fees. The service provider charges fees for the currency exchange services provided in the form of: • 1-10% commission, which is included in the currently displayed virtual currency exchange rate; • transaction costs, included in the displayed amount of virtual currencies that the User buys or sells. 12. The Service Provider reserves that the transaction costs of buying and selling virtual currencies are not fixed. Their amount depends on the current state of the network responsible for the operation of a given virtual currency. 13. As part of each transaction, the User is informed about the total amount of the transaction, i.e. including the fees referred to in section 11. 14. The User is entitled to register an account on the Website. In order to do so, it is necessary to perform authentication activities consisting of setting a login, password and providing an e-mail address. 15. A User with a registered account on the Website is entitled to receive an affiliate link and additional benefits, including reducing the amount of fees referred to in section 11 and receiving additional commission from transactions made by Users using the affiliate link. 16. Each transaction on the Website requires authorization, which consists in confirming the transaction by entering the authorization code or clicking on the appropriate link received via SMS or to the indicated e-mail address. 17. The Service Provider determines the current rates of virtual currencies used to conduct transactions on a continuous basis based on current rates from the Coingecko platform, provided by Gecko Labs Pte. Ltd based in Singapore. 18. The Service Provider, in accordance with internal procedures for counteracting money laundering and terrorist financing, may request additional information from the User. The KYC procedure is performed each time for transactions exceeding EUR 1,000. As part of KYC, the User is obliged to provide data including: • a scan or photo of the User's valid identity document (e.g. passport, ID card); • a photo covering the User's face in the format; • a photo of the User's face along with the document indicated in point 1; • name and surname of the User • date of birth. 19. Cash payments are made at the Service Provider's office, according to current office hours. 20. Before using the Website's Services, the User is obliged to read these Regulations and accept them each time they place a transaction order. 21. The User is responsible for providing incorrect data during a transaction, authorization or KYC. Providing incorrect data may result in, in particular, preventing the transaction from being completed. 22. Withdrawals from the sale or purchase of virtual currencies are made by the Service Provider. 23. Payments are made by external payment operators. 24. The Service Provider is not responsible for the risk related to exchange rate fluctuations of virtual currencies, which determines the market value of the sold or purchased virtual currency. 25. The use of a Device with a modified operating system, in particular malicious software resulting in incorrect operation of the Website, is prohibited. If the User uses them, the Service Provider is entitled to apply the measures indicated in section III. 15 of the Regulations until the User stops using such Device. COMPLAINTS AND WITHDRAWAL FROM THE CONTRACT 1. All complaints related to the operation of the Website and the provision of Services through it, as well as questions regarding the use of the Website should be directed to the Service Provider at the e-mail address: [email protected]. 2. The complaint should include: User data, including contact details, reason for reporting, identification of the transaction being complained about, detailed description and reason for reporting. 3. Within 30 days from the date of its receipt, the Service Provider considers the complaint and informs the User about the result of its consideration. This deadline may be extended if consideration of the complaint requires obtaining special information or the Service Provider encounters other difficulties beyond its control or if it is necessary to obtain additional information from the User. The time the User provides additional information each time extends the complaint processing time. 4. A response to the complaint will be provided by the Service Provider to the e-mail address from which it was received. 5. Sending a complaint by the User in electronic form is tantamount to consenting to receiving a response from the Service Provider also in electronic form. 6. The User's use of extrajudicial means of dealing with complaints and pursuing claims is voluntary. 7. A user who is a consumer has the right to resolve disputes electronically via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/. 8. The Service Provider reserves the right not to respond to an obviously unfounded complaint, in particular to the extent that the complaint has already been considered in relation to a given User. 9. The right to withdraw from the contract is excluded pursuant to Art. 38 point 13 of the Act of May 30, 2014 on consumer rights, due to the provision of digital services by the Service Provider that are not recorded on a tangible medium, and their fulfillment began with the User's express consent before the deadline for withdrawal from the contract and after informing him about the loss of the right to withdraw from the contract. SERVICE PROVIDER'S LIABILITY 1. The Service Provider conducts ongoing supervision over the technical functioning of the Website, ensuring its correct operation. However, the Service Provider does not guarantee the constant availability of all functions of the Website or their error-free operation. 2. The User uses the Website voluntarily and at his own risk. The Service Provider's liability for any damages arising in connection with the use of the Website, in particular its lack of operation or incorrect functioning, is excluded to the fullest extent permitted by law. 3. The Service Provider is not responsible for limitations or technical problems in the IT systems used by Users' Devices, which prevent or limit Users from using the Website and the Services offered through it. The Service Provider is not responsible for the quality, efficiency or accuracy of the Website that is unsatisfactory to the User. 4. There may be interruptions in the operation of the Website due to technical reasons. The User then has no claim in connection with the interruption or cessation of the provision of Services by the Service Provider. 5. The provision of Services may be interrupted in the event of inadequate connection quality, damage or defects in telecommunications devices, power systems, computer equipment, failure of the telecommunications network, poweroutages or any action of third parties. 6. The Service Provider has the right to block access to the Website or individual functions in the event of any irregularities in the use of the Website, in particular the occurrence of circumstances that could harm the User or the Service Provider. The Service Provider is then not liable for temporarily suspending access to the Website for the period necessary to remove any threats or irregularities. 7. The costs of possible data transmission required to launch and use the Website are covered by the User on their own, based on contracts concluded with telecommunications operators or other Internet providers. The Service Provider is not responsible for the amount of fees charged for the use of data transmission necessary to use the Website. PROCESSING OF PERSONAL DATA 1. The administrator of personal data is the Service Provider SOFTSOLUTIONS TECH SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, KRS: 0000992257. 2. Personal data are processed in accordance with 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 (General Data Protection Regulation - hereinafter referred to as "GDPR"), the Act of May 10, 2018 on the protection of personal data and the Act of July 18, 2002 on the provision of electronic services. 3. The Administrator ensures the use of appropriate technical and organizational measures to ensure the security of the personal data being processed, in particular preventing access to them by unauthorized third parties, or their processing in violation of the provisions of generally applicable law, preventing the loss, damage or destruction of personal data. 4. Detailed rules for the processing of personal data are regulated in the Privacy Policy, which constitutes an integral part of these Regulations. COPYRIGHT AND INTELLECTUAL PROPERTY 1. All rights to the Website, including copyrights to the Website, as well as to its individual parts, in particular to text, graphic, multimedia elements and programming elements generating and operating the Website, including industrial property rights and all other derivative rights , excluding content provided by Suppliers or Payment Operators, are entitled to the Service Provider. 2. Upon use of the Website and acceptance of the Regulations by the User, the Service Provider grants the User a non-exclusive license to use the Website, to the extent that the User uses its Services. The license is non-transferable and is granted for the duration of the User's use of the Website in accordance with its intended purpose and in accordance with these Regulations. 3. The non-exclusive license granted to the User does not authorize the User to grant further licenses. Moreover, the User is not authorized to act beyond the scope of the License. 4. Transferring the content contained on the Website to third parties is permitted only using the tools contained on the Website and intended for this purpose. 5. The User has no right to reproduce, sell or otherwise market or distribute the source code of the Website, in whole or in part, in particular to send or make it available in computer systems and networks, mobile application distribution systems or any other IT systems. 6. If the User violates the rules of using the Website or the terms of the granted License, the Service Provider will be entitled to block the User's access to the Website and withdraw the granted License to use the Website. The above does not prejudice the Service Provider's right to take other appropriate actions provided for by law in connection with the breach. AML PROCEDURES 1. The Service Provider reserves that, as an obligated institution within the meaning of the Act of March 1, 2018 on counteracting money laundering and terrorism financing or the implementation of internal AML procedures, it may request additional verification from the Website Users. 2. The verification procedure may in particular involve a request to provide additional data, in particular: • personal data confirmed by an identity document; • documenting the source of funds; • other data required by the Service Provider. 3. Failure to provide the requested data may result in suspension of the transaction and, consequently, refusal to complete it. 4. Transactions are verified in accordance with the current requirements of the Act of March 1, 2018 on counteracting money laundering and terrorism financing, as well as the Service Provider's internal AML procedure. These are in particular transactions exceeding EUR 1,000. 5. Some methods of payment withdrawal may also be verified, in particular cash. FINAL PROVISIONS 1. The Service Provider has the right to change these Regulations without giving a reason. The Service Provider will then inform about the changes in a visible place on the Website. If the User does not consent to the amendment of the Regulations, he has the right to terminate the contract for the provision of electronic services. 2. The Service Provider provides access to the Regulations via the Website in such a way that it is possible to download, save and print them. 3. The provisions of these Regulations and any disputes between the Service Provider and the User are subject to the provisions of Polish law. 4. The lack of legal basis or incompleteness of any of the clauses contained in the Regulations does not mean that the entire Regulations lose their legal force. These provisions are changed to those that best reflect the meaning and purpose of the existing provisions