REGULATIONS OF THE FIN UNION PLATFORM (REGULATIONS FOR THE PROVISION OF ELECTRONIC SERVICES)

§1. Preliminary Provisions

1. These Terms and Conditions have been prepared based on the laws in force in the Republic of Poland and define the rules and conditions for Users to use the Fin Union Platform, as well as the rights and obligations of System Operators and Users, including primarily the terms and conditions for providing electronic services to Users and concluding contracts using the Fin Union Platform.
2. The provider of the Fin Union Platform is Finunion Spółka z ograniczoną odpowiedzialnością, based in Warsaw (00-679) at ul. Wilcza 51/41, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under the number KRS: 0000990847, NIP: 5273018094, REGON: 523048565, share capital: 50,000 PLN fully paid.
3. The Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Fin Union Platform, subject to provisions addressed exclusively to Consumers or Entrepreneurs.
4. Everyone has the opportunity to read the Terms and Conditions free of charge before concluding the Agreement. The current content of the Terms and Conditions is available in the Application and on the Website. Upon each request of an interested person sent to the Provider's email address, the Provider will send the content of the Terms and Conditions in response in PDF format (this also applies to archived versions of the Terms and Conditions).
5. Each User is obliged to carefully read the Terms and Conditions before starting to use the Fin Union Platform.
6. The use of the Fin Union Platform may only take place under the terms specified in these Terms and Conditions, and the use of the Fin Union Platform means any action by the User that leads to their becoming acquainted with the content contained therein.
7. These Terms and Conditions constitute the terms of providing electronic services within the meaning of Article 8 of the Act on Providing Services by Electronic Means.
8. The condition for using the Services is the acceptance of these Terms and Conditions.
9. System Operators can be contacted via:
   1. email at: [email protected],
   2. Telegram application, where the Provider is listed under the username: @FinUnion_Support.
10. System Operators have designated an electronic contact point for direct communication with the authorities of the member states, the Commission, the Digital Services Council: [email protected]. The same contact point can be used by any User for direct and quick communication with the System Operators. Communication can be conducted in Polish or English.
11. Fees for using the Services, including Payment Services, are specified in Appendix No. 1 to the Terms and Conditions.

§2. Definitions

1. For the purposes of these Terms and Conditions, the following meanings of the terms below are adopted:
   1. Administrator – an entity that is an administrator within the meaning of the GDPR in relation to personal data.
   2. Agent – an entity cooperating with the System Operators, authorized to act on their behalf in the scope of accepting and executing Orders, as well as handling External Payments and other transactions specified in the Terms and Conditions.
   3. Application – a mobile application named Fin Union, to which the exclusive rights belong to the Provider, used for providing Services.
   4. Provider – Finunion Spółka z ograniczoną odpowiedzialnością, based in Warsaw (00-679) at ul. Wilcza 51/41, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under the number KRS: 0000990847, NIP: 5273018094, REGON: 523048565, share capital: 50,000 PLN fully paid.
   5. FIAT – fiat currencies supported within the Fin Union Platform, i.e., PLN, EUR, and USD.
   6. Fin Union Platform – the Application and the Website, to which the exclusive rights belong to the Provider, used for providing Services and Payment Services.
   7. Civil Code – the Act of April 23, 1964 – Civil Code (Journal of Laws 1964 No. 16, item 93, as amended).
   8. Consumer – a User who is a natural person performing a legal act with the System Operators not directly related to their business or professional activity, as well as a natural person concluding a contract with the System Operator directly related to their business activity, when the content of this Agreement shows that it does not have a professional nature for this person, resulting in particular from the subject of their business activity, made available based on the provisions on the Central Register and Information on Economic Activity.
   9. Account – a part of the Fin Union Platform assigned to a given User, through which the User can perform certain actions within its framework, being a collection of resources where the User's data and information about their activities within the Fin Union Platform are collected.
   10. Cryptocurrency – a digital representation of value that is not:
       1. a legal tender issued by the NBP, foreign central banks, or other public administration bodies,
       2. an international unit of account established by an international organization and accepted by individual countries belonging to or cooperating with that organization,
       3. electronic money within the meaning of the Act of August 19, 2011 on payment services,
       4. a financial instrument within the meaning of the Act of July 29, 2005 on trading in financial instruments,
       5. a bill of exchange or a check
       6. – and is exchangeable in economic transactions for legal tender and accepted as a means of exchange, and can also be electronically stored or transferred or can be the subject of electronic commerce
   11. KYC – (Know Your Customer) a due diligence procedure that institutions are required to conduct to identify their customers and obtain certain, appropriate, and relevant information required to conduct business with the interested party.
   12. Payment Operator – VS Payment Spółka z ograniczoną odpowiedzialnością, based in Warsaw (01-239) at ul. Wschowska 8, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw under the number KRS: 0000940154, NIP: 6772472363, REGON: 520716204, share capital: 5,000 PLN fully paid; an entity providing Payment Services, with which the Provider cooperates in providing Services through the Fin Union Platform, the Payment Operator is registered in the Register of Payment Service Providers kept by the Financial Supervision Commission as a small payment institution under the number UKNF: MIP177/2023.
   13. System Operators – the Provider and the Payment Operator collectively.
   14. External Payment – the User's financial obligation to a third party, which may include, among others, invoices, bills, service fees, rents, donations, or other dues that the User wants to settle using the Services and/or Payment Services.
   15. Wallet – a cryptocurrency wallet as a Service provided by the Provider, i.e., an electronically maintained collection of identification data ensuring Users the ability to use Cryptocurrency units.
   16. Copyright – the Act of February 4, 1994, on copyright and related rights (Journal of Laws 1994 No. 24, item 83, as amended).
   17. Entrepreneur – a User who is a natural person, legal person, or an unincorporated entity conducting business or professional activity in their own name.
   18. Payment Account – a payment account maintained for the User by the Payment Operator under the provisions of the Payment Services Act, which is linked to the User's Account.
   19. Terms and Conditions – this document.
   20. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 2016).
   21. Website – the Fin Union website available at https://client.finunion.pl/, which allows the use of Services and Payment Services via a web browser.
   22. Consumer Rights Act – the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827, as amended).
   23. Electronic Services Act – the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended).
   24. Payment Services Act – the Act of August 19, 2011, on payment services (Journal of Laws of 2011, No. 199, item 1175, as amended).
   25. Agreement – any agreement concluded based on or in connection with these Terms and Conditions and within the Fin Union Platform.
   26. Payment Service – the payment account service referred to in Article 3(1)(1) of the Payment Services Act, provided by the Payment Operator to the User.
   27. Services – services provided through the Fin Union Platform.
   28. User – a person using the Fin Union Platform who has a registered Account.
   29. Order – an order for payment of an External Payment placed by the User on the Fin Union Platform, exchange of Cryptocurrency for another Cryptocurrency, exchange of FIAT for Cryptocurrency, exchange of Cryptocurrency for FIAT, or exchange of FIAT currency for another FIAT currency.
2. Any other terms, if not defined in this paragraph or in the further part of these Terms and Conditions, should be understood according to their common meaning adopted in the Polish language.

§3. General Information on the Operation of the Fin Union Platform and Its Use

1. The User is obliged to use the Fin Union Platform in a manner:
   1. that does not disrupt its functioning,
   2. that is not burdensome for other Users and System Operators,
   3. that complies with the laws in force in the territory of the Republic of Poland, the provisions of the Terms and Conditions, and the general principles of using the Internet.
2. The Provider makes every effort to ensure the availability and proper functioning of the Fin Union Platform. However, the Provider does not guarantee uninterrupted availability of the Services and reserves the right to introduce technical breaks in the operation of the Fin Union Platform, necessary to maintain the proper functioning of the Fin Union Platform.
3. The Provider reserves the right, in urgent and justified cases, to limit or disable access to the Fin Union Platform at any time without prior notice to Users.
4. Hardware and environmental requirements for using the services on the Website:
   1. a computer (or mobile device) with Internet access,
   2. access to email,
   3. a web browser,
   4. enabling Cookies and Javascript in the web browser.
5. Hardware and environmental requirements for using the services in the Application:
   1. Access to the GooglePlay Store or AppStore,
   2. Android system (version 7.0 or higher) or iOS (version 13.2 or higher; from iPhone 7),
   3. NFC module; the NFC module must be functional, operate in reader mode, and be unobstructed by cases and other external factors,
   4. Internet access,
   5. 120 MB of free device memory.
6. It is prohibited for the User to provide unlawful content while using the Fin Union Platform, in particular by sending such content via forms available on the Fin Union Platform.
7. The Fin Union Platform does not use automatic decision-making in its operation. The Service may use profiling for direct marketing purposes, but decisions made based on it by the Service do not concern the conclusion or refusal to conclude a contract, or the possibility of using electronic services. The result of using profiling may be, for example, granting a person a discount, sending them a discount code, sending a product proposal that may match the person's interests or preferences, or offering better conditions compared to the standard offer. Despite profiling, the person freely decides whether they want to use the discount or better conditions received in this way and make a purchase.

§4. Description of Services

1. Through the Fin Union Platform, the Provider offers the following Services to Users:
   1. creating and maintaining an Account, and then enabling the User to use its functionalities,
   2. storing Cryptocurrencies in the Wallet,
   3. exchanging Cryptocurrencies for other Cryptocurrencies,
   4. sending Cryptocurrencies stored in the Wallet in whole or in part to external addresses in the network of the given cryptocurrency,
   5. exchanging FIAT for Cryptocurrencies,
   6. exchanging Cryptocurrencies for FIAT,
   7. maintaining a Wallet for the User,
   8. enabling the browsing of content available on the Fin Union Platform,
   9. providing Users with the ability to conduct transactions,
   10. providing Users with the ability to make electronic payments for the purpose of making payments,
   11. providing Users with the ability to contact the Provider,
   12. and related or resulting services from the above.
2. In order to ensure the security of the User and data transmission in connection with the use of the Fin Union Platform, the Provider takes technical and organizational measures appropriate to the level of security threat of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
3. The Provider takes actions to ensure the proper functioning of the Fin Union Platform.
4. The User should inform the Provider of any irregularities or interruptions in the functioning of the Fin Union Platform that they notice.

§5. User Account

1. Anyone who wants to use the Services and/or Payment Services must have an Account on the Fin Union Platform.
2. The account management service and the ability to use its functionalities are available after registration.
3. Registration is free.
4. Registration is done by filling out the registration form available on the Fin Union Platform.
5. The conditions for registering an account on the Fin Union Platform are:
   1. consent to the content of the Terms and Conditions and the Privacy and Cookies Policy (possibly also other consents specified in the registration process as mandatory).
   2. providing personal data marked as mandatory,
   3. confirming the email address using the authorization code found in the SMS message sent by the Provider to the phone number provided during the registration process.
6. Logging into the account can be done:
   1. by entering the User's login data, i.e., the User's phone number and password,
   2. and exclusively in the Application also using biometric data.
7. When using the Account with a new device, the User must confirm the login with a 6-digit code sent to the User's phone number associated with the Account.
8. The User undertakes to keep their login data confidential and not to disclose it to third parties (except for persons authorized by the User who is an Entrepreneur) and acknowledges that the User is solely responsible (to the System Operators and/or third parties) for all activity within the Account.
9. If the User knows or suspects that any unauthorized third party knows the User's password or has access to their Account, the User must immediately notify the Provider.
10. Users have been provided with the 'Forgot Password' feature, which can be used if they forget their login password. After selecting this feature in the login window, the User must enter the phone number used to create the Account during the registration process and select the 'Reset Password' feature. Then, an SMS with a code enabling the establishment of a new password is sent to the User's phone number.
11. System Operators may refuse to register a User Account, as well as terminate the Account service agreement immediately, if:
    1. the purpose of registration or the manner of using the services is clearly contrary to the principles and purpose of the Fin Union Platform;
    2. the address data provided by the User raises reasonable doubts as to their accuracy or truthfulness and these doubts could not be resolved;
    3. the User's activity is contrary to applicable legal provisions or moral norms, incites violence or the commission of a crime, or violates the rights of third parties;
    4. The Provider has received an official notice of the unlawful nature of the provided data or related activities;
    5. The User sends unsolicited commercial information to other Users or to the Provider;
    6. The User grossly or persistently violates the provisions of these Regulations;
    7. The User uses scripts, applications, malware, including viruses, bots, worms, or other computer codes, files, or programs within the Fin Union Platform that aim to unauthorizedly automate processes, manipulate data, or otherwise disrupt the proper functioning of the Fin Union Platform.
12. The User may terminate the Account service agreement with immediate effect at any time by sending a request to the Provider to delete the Account.
13. The deletion of the Account, as well as any changes in its functionality, apply to the payment services agreement concluded by the User with the Payment Operator.

§6. KYC Procedure

1. Before conducting any transaction via the Fin Union Platform, each User is required to undergo the KYC (Know Your Customer) procedure, which is a mandatory process of identifying and verifying the User's identity.
2. System Operators may at any time require the User to undergo the KYC Procedure if they suspect that the User is involved in money laundering or terrorist financing activities.
3. As part of the KYC procedure, the User must primarily submit:
   1. a photo of the User's identity document from the front,
   2. a photo of the User's identity document from the back,
   3. a clear 'selfie' photo of the User.
4. If the User does not pass the KYC procedure successfully, the System Operators may explain to the User what mistakes were made and allow for re-verification of the data.
5. System Operators reserve the right to refuse the User (or potential User):
   1. registration of the Account (Provider),
   2. opening a Payment Account,
   3. conducting transactions at the User's request.
6. The KYC procedure is partially conducted by an external entity, i.e., Veriff OÜ based in Tallinn, Estonia, company number: 12932944, address: Niine 11, 10414 Tallinn, Estonia.
7. After successfully completing the procedure described above, the User, in order to confirm the bank account to which withdrawals will be made and from which deposits will be made, makes a verification transfer (verification of the bank account that will be linked to the User's Account) in the amount of 10 PLN. The transfer is refundable.
8. With the completion of the verification transfer mentioned in paragraph 7 above, a payment services agreement is concluded between the User and the Payment Operator, and thus the User can start using the Payment Services.
9. The Payment Operator provides services only to Users with bank accounts maintained by providers based in Poland.

§7. Wallet

1. The Wallet allows for storing, tracking, sending, and managing Cryptocurrency balances. The Provider securely stores private keys used to process transactions in a combination of online and offline storage. Due to the security protocols adopted on the Fin Union Platform, it may be necessary to retrieve private keys or related information from offline storage to facilitate Cryptocurrency transfers according to the User's instructions, which may delay the initiation or posting of such Digital Asset Transfers.
2. The Wallet is intended solely for the proper use of the Cryptocurrencies supported by the Provider within the Fin Union Platform, and therefore it is not possible to use the Wallet to store, send, request, or receive Cryptocurrencies other than those specified on the Fin Union Platform. The Provider assumes no responsibility in connection with any attempt to use Cryptocurrencies that the Provider does not support.
3. The Provider may, at its discretion, terminate support for any Cryptocurrency. If the User does not sell or transfer the Cryptocurrency outside the Fin Union Platform before the Provider terminates support for that Cryptocurrency, the Provider may, at its discretion, remove such Cryptocurrency from the User's Wallet and credit the equivalent market value of the Cryptocurrency or FIAT, less transaction costs, to the Wallet.
4. Unless otherwise noted on the Fin Union Platform or in the Terms of Service, supported Cryptocurrencies exclude all other protocols and/or functionalities that complement or interact with the supported Cryptocurrency. This exclusion includes, but is not limited to: meta coins, colored coins, side chains, or other derivatives, enhanced or forked protocols, tokens or coins, and other functionalities such as staking, protocol management, and/or any smart contract functionalities that may complement or interact with the supported Cryptocurrency. Do not attempt to use the Account and/or Wallet to receive, request, send, store, or engage in any other type of transaction or functionality related to any such protocol, as the Fin Union Platform is not configured to detect, secure, or process these transactions and functionalities. Any attempt to transact in such items may result in the loss of the item. The Provider assumes no responsibility for any losses in the scope covered by this paragraph.
5. The Provider may store Cryptocurrencies in Wallets in various ways, including on different blockchain protocols. In connection with storing Cryptocurrencies in Wallets, the Provider may transfer such Cryptocurrencies outside the primary blockchain protocol and store them on shared blockchain addresses controlled by the Provider, on alternative blockchain protocols in forms compatible with those protocols.
6. The Provider does not own or control the software of the underlying protocols that govern the operation of Cryptocurrencies. The Provider is not responsible for the operation of the underlying protocols and does not guarantee the functionality or security of network operations. In particular, the underlying protocols may be subject to sudden changes in operational rules (including forks). Any such operational changes may significantly affect the availability, value, functionality, and/or name of Cryptocurrencies in the User's Wallet. The Provider does not control the timing or features of these operational changes. It is the User's responsibility to be aware of upcoming operational changes and to carefully consider publicly available information and information that may be provided by the Provider when deciding whether to continue using a given Cryptocurrency. In the event of any such operational change, the Provider reserves the right to take such steps as may be necessary to protect the security and safety of assets stored within the Fin Union Platform, including, without limitation, temporarily suspending operations for the involved Cryptocurrencies.
7. The Provider will endeavor to notify Users of its response to any significant operational change; however, such changes are beyond the Provider's control and may occur even without the Provider's notice. The Provider's response to any operational change is at the Provider's sole discretion and may include a decision not to support the new Cryptocurrency or other actions.
8. The User acknowledges and accepts the risks associated with operational changes in Cryptocurrency protocols and agrees that the Provider is not responsible for such operational changes and is not liable for any loss of value that you may incur as a result of such operational rule changes. The User acknowledges and accepts that the Provider has the sole right to determine its response to any operational change and that it has no obligation to assist in handling unsupported Cryptocurrencies or protocols. Furthermore, the User acknowledges and accepts that the Provider has no obligation to support operational changes for Cryptocurrencies.
9. All Cryptocurrencies stored in the Wallet are fiduciary assets held by the Provider for the benefit of the User, as described in more detail below.

§8. Cryptocurrencies

1. The title of ownership of Cryptocurrencies always remains with the User and does not transfer to the Provider.
2. When the User buys or sells Cryptocurrencies on the Fin Union Platform, they do not buy or sell them from/to the Provider. The Provider acts as an agent, acting on behalf of the User to facilitate this purchase or sale between the given User and other Users.
3. The User buys Cryptocurrencies using FIAT stored in the Payment Account maintained by the Payment Operator for the User, using the USD, EUR, or PLN stored there.
4. The Provider reserves the right to cancel any Cryptocurrency transaction not confirmed by the User within 5 (five) seconds after the transaction is priced by the Provider.
5. The purchased Cryptocurrencies will be deposited in the User's Wallet immediately. The User can then sell or send the purchased Cryptocurrencies as soon as the funds are settled to the Provider, which usually takes up to 5 (five) business days.
6. In the case of an outgoing Cryptocurrency transfer, i.e., from the User's Wallet maintained on the Fin Union Platform to an external wallet (User's or third party's):
   1. such transfers are carried out by the Provider on behalf of the User, therefore the User must verify all transaction information before sending instructions to the Provider – the Provider assumes no responsibility if the User enters incorrect data, including not guaranteeing the identity or value received by the recipient of the outgoing transfer,
   2. such transfers cannot be reversed after they are sent to the relevant Cryptocurrency network, although they may be in a pending state and appropriately marked while the transaction is being processed by network operators – the Provider does not control the Cryptocurrency networks and does not guarantee that the Cryptocurrency transfer will be confirmed by the network.

§9. Payment Operator Services

1. Activities carried out within the Fin Union Platform do not constitute credit intermediation as referred to in the Act of May 12, 2011 on consumer credit (Journal of Laws of 2011, No. 06, item 17, as amended).
2. Users are strictly prohibited from further financial intermediation.
3. The Payment Operator provides a Payment Service through the Fin Union Platform, as referred to in Article 3(1)(1) of the Payment Services Act, i.e., a payment service consisting of accepting cash deposits and making cash withdrawals from a payment account and all actions necessary to maintain the account.
   1. By using the Payment Services, the User agrees to the storage of funds (FIAT) on the Payment Account maintained for the User by the Payment Operator until they are withdrawn to the User's external bank account assigned to their Account.
   2. The User cannot simultaneously store FIAT on the Account in an amount exceeding the equivalent of 2,000 EUR (in words: two thousand euros), with the applicable exchange rate announced by the National Bank of Poland.
   3. If the User exceeds the amount referred to in paragraph 5 above, the excess will be automatically returned to the User's bank account.
   4. Paragraphs 5 and 6 do not apply to Cryptocurrencies – there are no amount limits in this regard.
   5. The recipient is provided with information in the Account about the total amount of collected deposits, and possible withdrawals, as well as information about deposits, finalization dates, payment methods, total deposit amount, etc.
   6. At the moment the Payment Operator confirms the correct deposit by the Donor, information about this is automatically displayed in the Account.
   7. The User can load funds into their Payment Account within the Account from a valid and verified bank account via a bank transfer carried out through the Fin Union Platform. The Payment Account balance is in a pending state, and the deposit will not be posted to the Payment Account until the bank transfer is settled, which usually happens within 1 (one) business day, but this time may be extended regardless of the actions of the Payment Operator.
4. The User's linked bank account will be debited at the moment the payment is initiated with their provider. The Payment Operator also offers a FIAT currency exchange service (EUR, USD, PLN) within the User's Payment Account.
   1. The User places an Order by entering the required data in the Order form in the Application or on the Website, specifying the exact amount and FIAT currency they want to exchange, as well as the FIAT currency they want to exchange to (EUR, USD, PLN). The User can exchange an amount up to the limit of the amount they already have in their Payment Account.
   2. The User verifies the Order by entering the confirmation code sent by the Payment Operator. The confirmation code can be sent to the phone number or email address assigned to the Account by the User.
   3. After entering the confirmation code, the User will see the final terms of the Order on the screen (exchange rate and the amount of FIAT currency they will receive after the exchange). By continuing with the Order, the User accepts the exchange rate offered by the Payment Operator.
   4. After accepting the terms of the Order, the Payment Operator exchanges the currencies according to the data contained in the Order. The exchanged amount is then available in the User's Payment Account in the new FIAT currency.
   5. After the currency exchange is completed, the User will receive a notification to their phone number or email address, containing confirmation of the Order and the current balance in the Payment Account.

§10. Rules for Placing Orders for External Payments

1. The submission of an External Payment Order by the User is carried out according to the following procedure:
   1. The User places an Order by entering the required data in the Order form on the Fin Union Platform, specifying the exact amount they want to pay for the invoice, expressed in FIAT currency, and choosing the payment method (Cryptocurrency from the Wallet or FIAT from the Payment Account).
   2. In the case of choosing Cryptocurrency payment, the User verifies the Order by entering the confirmation code sent by the Service Provider in the Order form. The confirmation code can be sent to the phone number or email address assigned to the Account by the User.
   3. After entering the confirmation code in the Order form, the User will see the final terms of the Order on the screen (exchange rate and the amount of FIAT to be transferred to pay the invoice). By continuing with the Order, the User accepts the exchange rate offered by the Service Provider. The Service Provider also indicates the correct address of the Cryptocurrency wallet to which the User should transfer the appropriate amount of Cryptocurrency units. This information will also be provided to the User via phone number or email address, depending on the chosen method of Order verification.
   4. After entering the confirmation code, the User has 5 (five) minutes to transfer the Cryptocurrency to the indicated wallet address. In the absence of a transfer, the Order is canceled, and the exchange rate offered by the Service Provider ceases to be binding.
   5. After transferring the Cryptocurrency, the User will receive a notification to their phone number or email address, depending on the chosen method of Order verification, containing information about the transaction entered into the blockchain based on the Order. Then, after confirming the transaction in the blockchain network, the User will receive a confirmation notification.
   6. After completing the steps specified in points a–e, the Service Provider transfers the appropriate funds to VS Payment, which makes the invoice payment according to the data contained in the Order.
   7. In the case of cash payment, the User brings the cash to a Finunion or Agent branch, who transfers the funds to the Payment Operator, who then makes the External Payment according to the data contained in the Order.
   8. In the case of payment from the Payment Account, if the User has sufficient funds in their Payment Account, the Payment Operator makes the External Payment according to the data contained in the Order.

§11. Copyrights; License; Intellectual Property

1. It is forbidden to copy and distribute materials on the Fin Union Platform without the written consent and knowledge of the entities entitled under copyright. To obtain permission to copy or distribute materials presented on the Fin Union Platform, the User should contact the Provider or the Payment Operator.
2. The Provider hereby informs the User that violations of the prohibition mentioned in the preceding paragraph may result in civil or criminal liability.
3. All rights to the Fin Union Platform, including proprietary copyrights, intellectual property rights to the name Fin Union Platform, internet domain, as well as forms, logos, etc., belong to the Provider or the Payment Operator, and their use may only occur in a manner specified and compliant with the Regulations. This applies in particular, but not exclusively, to software, trade names, descriptions, trademarks. Any use of them may only occur with the prior written consent of the Provider or the Payment Operator.
4. The use of Services or Payment Services may not exceed the scope specified in the Agreement binding the given User with the Provider or the Payment Operator.
5. The User is not authorized to make any modifications to the Fin Union Platform. The use of the Fin Union Platform is only possible using and within the scope of the developer tools provided to the User for this purpose by the Provider and/or the Payment Operator.
6. The User is not authorized to reproduce, share with third parties, develop in whole or in part a similar system using the Fin Union Platform as a model, or other activities that infringe the copyrights of the Provider or the Payment Operator.
7. The User is not authorized, regardless of the technical means used, to allow third parties to use the Fin Union Platform or to use the Fin Union Platform for the needs of third parties.
8. Violation of the provisions of this paragraph by the User may result in the blocking or deletion of the User's Account, as well as holding the User liable for civil and/or criminal liability.

§12. Liability and Risks

1. Regarding the responsibility and risk associated with the provision of Services and Payment Services via the Fin Union Platform, the User accepts that:
   1. there is no entity that acts as a Blockchain administrator overseeing the correctness of transactions,
   2. System Operators are not responsible for the User's hardware incompatibility with the hardware requirements of the Application or Website.
   3. The Provider is not responsible for the operation of the blockchain, in particular, it is not responsible for delayed Cryptocurrency transfers,
   4. The Provider is not responsible for any fluctuations in the value of Cryptocurrency stored in the Wallet – the User bears all the risk of losing Cryptocurrency for reasons beyond the Service's control.
2. Due to paragraph 1, System Operators are not responsible for unintentional actions, in particular, they are not responsible for the User's failure to secure software against viruses and the consequences that this threat may cause.
3. System Operators reserve the right to interfere with the technical structure of the Account to diagnose any irregularities in the functioning of the Fin Union Platform.
4. System Operators reserve the right to temporarily disable certain functionalities of the Fin Union Platform to improve it, add services, or perform maintenance, with prior notice to registered Users in advance.
5. System Operators are not responsible for errors made by the User, including, in particular, when making transactions and registering an Account.
6. System Operators are not responsible for copyright violations by third parties, including Users.
7. The User controls the Cryptocurrency stored in their Wallet. At any time, subject to downtimes, stoppages, order execution times, and other applicable rules, the User may withdraw the Cryptocurrency by sending it to an external address in the respective Cryptocurrency network or exchange all or part of the Cryptocurrencies stored in the Wallet for other Cryptocurrencies.
8. For security reasons, the System Operators reserve the right to suspend the execution of an operation ordered by the User for up to 2 business days, and in justified cases – after prior notification to the User – for a longer period.
9. If there is any suspicion of fraud, crime, violation of these Terms, or illegal activity, the System Operators reserve the right to impose a minimum holding period for any transaction on the User's account, which can last up to 96 hours. During this period, the funds in the Wallet and/or Payment Account of the User are frozen, meaning they cannot be sold, exchanged, or withdrawn. No deposits can be made to the Payment Account or Wallet during this time.
10. The User cannot cancel, reverse, or change any transaction ordered in the Wallet. The System Operators may suspend, delay, redirect, reverse, or cancel any transaction at any time if they suspect any risk of fraud, crime, violation of these Terms, or illegal activity.
11. The User cannot cancel, reverse, or change any transaction ordered in the Wallet. The System Operators may suspend, delay, redirect, reverse, or cancel any transaction at any time if they suspect any risk of fraud, crime, violation of these Terms, or illegal activity.
12. All actions of the System Operators, in the event of the risk described in this paragraph, are primarily aimed at ensuring the security of the Services offered by the System Operators and providing necessary protection to the Users.
13. The System Operators are not responsible for the Users' tax settlements arising from the use of the Services available through the Fin Union Platform, including, in particular, the responsibility specified in the Act of July 26, 1991, on personal income tax (Journal of Laws of 2012, item 361, as amended) and the Act of February 15, 1992, on corporate income tax (Journal of Laws of 1992, No. 21, item 86, as amended).

§13. Withdrawal from the Agreement

1. A Consumer who has concluded a Distance Agreement with the System Operators has the right to withdraw from the Agreement without giving any reason within 14 (fourteen) days from the date of concluding the Agreement – under the terms described in this paragraph and resulting from the provisions of the Consumer Rights Act.
2. The right to withdraw from the Agreement does not apply to agreements listed in Article 38 points 1-13 of the Consumer Rights Act, and in particular to Agreements:
   1. for the provision of services for which the Consumer is obliged to pay the price, if the Provider and/or Payment Operator has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Provider and/or Payment Operator, they will lose the right to withdraw from the Agreement, and acknowledged this;
   2. in which the price or remuneration depends on fluctuations in the financial market and/or the Cryptocurrency market, over which the Provider and/or Payment Operator has no control, and which may occur before the deadline for withdrawal from the Agreement;
   3. concluded by public auction;
   4. for the supply of digital content not supplied on a tangible medium, for which the Consumer is obliged to pay the price, if the Provider and/or Payment Operator has commenced the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Provider and/or Payment Operator, they will lose the right to withdraw from the Agreement, and acknowledged this, and the Provider and/or Payment Operator has provided the Consumer with the Agreement document and confirmation of obtaining the consent as above or confirmation of concluding the Distance Agreement.
3. To withdraw from the Agreement, the Consumer must inform the Provider of their decision to withdraw from the Agreement by means of an unequivocal statement.
4. The withdrawal from the Agreement can be submitted:
   1. in writing to the correspondence address: ul. WILCZA 51/41, 00-679, WARSZAWA;
   2. by email to: [email protected]
   3. via the Telegram application, where the Provider is listed under the username: @FinUnion_Support.
5. To meet the withdrawal deadline, it is sufficient for the Consumer to send information regarding the exercise of the Consumer's right to withdraw from the Agreement before the withdrawal period expires.

§14. Complaints

1. The Provider and/or Payment Operator is obliged to deliver goods without defects and to perform all Services in accordance with the concluded Agreement.
2. The User has the right to file a complaint regarding the performance of the Agreement. In case of defects in goods or services, the Provider and/or Payment Operator is liable to the Consumer, including in particular liability under the warranty.
3. In case of defects in goods or services, the Provider's liability to the Entrepreneur, including in particular liability under the warranty, is excluded to the fullest extent permitted by Polish law.
4. Complaints can be submitted:
   1. in writing to the correspondence ul. WILCZA 51/41, 00-679, WARSZAWA;
   2. by email to: [email protected]
   3. via the Telegram application, where the Provider is listed under the username: @FinUnion_Support.
5. The complaint should include the name and surname;
   1. contact details,
   2. description of the complaint,
   3. the content of the User's request,
   4. in case of problems with using the Fin Union Platform:
      1. type of unfulfilled Service,
      2. approximate date and time of the attempt to use the Service,
      3. and if the complaint concerns the Application, also:
         • brand and model name of the phone on which the Application is installed,
         • version number of the phone's operating system on which the Application is installed,
         • version number of the Application.
6. The complaint will be considered by the Provider and/or Payment Operator within 14 (fourteen) days from the date of its submission.
7. In particularly complex cases that prevent the consideration of the complaint and the provision of a response within the period specified in paragraph 6 (e.g., in situations requiring technical or operational analyses), the Provider and/or Payment Operator:
   1. explains the reason for the delay;
   2. indicates the circumstances that need to be determined in order to consider the case;
   3. specifies the anticipated extended period for considering the complaint and providing a response, not exceeding 60 business days from the date of receipt of the complaint.
8. If the deadline specified in paragraph 6, and in certain cases the deadline specified in paragraph 7(c), is not met, the complaint is considered resolved in accordance with the will of the User submitting the complaint.
9. The response to the complaint should include in particular:
   1. factual and legal justification, unless the complaint was resolved in accordance with the will of the complainant;
   2. comprehensive information on the position of the financial market entity regarding the raised objections, including indicating the relevant sections of the Terms of Service – in the case of Payment Services;
   3. the name and surname of the person providing the response, indicating their official position;
10. In the event of non-acceptance of the claims resulting from the complaint, the content of the response should also include information about the possibility of:
    1. using the institution of mediation or arbitration court;
    2. submitting a request for the case to be considered by the Financial Ombudsman – in the case of Payment Services;
    3. filing a lawsuit in a common court, indicating the entity that should be sued and the court with local jurisdiction to hear the case.
11. In relation to Payment Services, the User submitting the complaint has the right to submit a request for the case to be considered by the Financial Ombudsman (https://rf.gov.pl). Disputes arising from the provision of Payment Services at the request of the complainant may also be resolved by the Arbitration Court at the Financial Supervision Authority (https://www.knf.gov.pl - tab 'Arbitration Court').
12. If the Provider and/or Payment Operator has declared to the User or it is evident from the circumstances that it will not be possible to bring the state into compliance with the Agreement within a reasonable time or without excessive costs, the User may demand withdrawal from the Agreement.
13. If the choice is made to withdraw from the Agreement, all payments made by the User will be refunded immediately, but no later than within 14 days from the date of informing the User of the positive consideration of the complaint. Refunds of payments made by credit card or electronic transfer are made to the bank account from which the payment was made, unless the User explicitly submits another refund instruction before the refund is made, which does not generate additional costs for them.
14. In the event of a dispute between the Provider and/or Payment Operator and the User regarding the validity of the refusal to accept the complaint, the User who is a Consumer has the right to use out-of-court methods of complaint handling and claim pursuit. The Consumer may use mediation or arbitration by submitting the appropriate form – a mediation request or a request for the case to be considered by an arbitration court – to the institution before which the proceedings will take place. A list of example institutions with contact details is available on the website www.uokik.gov.pl. Additionally, at http://ec.europa.eu/consumers/odr, the Consumer has access to the resolution of consumer disputes electronically using the EU online application (ODR application). This right does not apply to an Entrepreneur with consumer rights.
15. In the case of complaints submitted by an Entrepreneur, the lack of a response from the Provider and/or Payment Operator to the complaint within the period referred to in the preceding paragraph is considered a refusal to accept the complaint.
16. The provision of § 12 paragraph 2 above applies accordingly to the withdrawal from the Agreement based on the provisions of this paragraph.

§15. Personal Data / Privacy Policy

1. The System Operators make every effort to ensure an appropriate level of IT security for the Fin Union Platform.
2. Due to the nature of information technology, vulnerabilities of the Fin Union Platform to certain threats may be revealed in the future. Therefore, the System Operators recommend updating the Application to the latest version and inform that they may issue future recommendations regarding security principles related to the use of the Fin Union Platform.
3. The administrators of Users' personal data are the System Operators.
4. The detailed rules for processing Users' personal data by the System Operators are specified in the Privacy Policy, the current content of which is available in the Application and on the Website at the following address: https://client.finunion.pl/terms-of-service.

§16. Changes to the Regulations

1. The System Operators reserve the right to unilaterally change the content of the Terms and Conditions at any time, subject to the provisions of this chapter.
2. Changes to the provisions of the Terms and Conditions are made public by the System Operators in the form of a relevant announcement in the Application and on the Website, as well as in the form of an email sent to the email addresses assigned to User Accounts.
3. Information about the introduced changes and their content and scope, in cases other than those indicated in paragraph 2 above, will be made public two weeks before they come into force.
4. If the User does not express opposition to the introduced changes, it is considered that they have agreed to the change of the Terms and Conditions.
5. The Provider may change the Terms and Conditions immediately if there are important reasons, which are alternatively considered:
   1. the need to adapt the provisions of the Terms and Conditions to the provisions of generally applicable law,
   2. the issuance of a judgment by a common court or the issuance of a decision by a state authority resulting in the need to change the Terms and Conditions,
   3. a change in legal regulations in the scope of activities conducted by the Provider and/or the Payment Operator,
   4. a change in the market situation in the scope of activities conducted by the Provider and/or the Payment Operator,
   5. improving security, functionality, or the level of personal data protection,
   6. expanding, improving the functionality of the Fin Union Platform, or discontinuing the provision of certain functionalities within the Fin Union Platform.
6. Services that began before the changes to the Terms and Conditions came into effect are carried out under the previous rules, unless the new rules are more favorable to the User.
7. Changes to the Terms and Conditions come into effect 14 days after their publication on the Fin Union Platform. This period does not apply to changes to the Terms and Conditions involving the addition of new services or functionalities that do not affect existing services or functionalities, changes that are required to be introduced in a shorter period by law, and the circumstances mentioned in paragraph 5 above.

§17. Final Provisions

1. These Terms and Conditions are effective from 06.08.2024.
2. The governing law for these Terms and Conditions, as well as for all legal relationships between the Provider and/or the Payment Operator and the User, including all agreements concluded between the Provider and/or the Payment Operator and the User, is Polish law.
3. All disputes related to Agreements concluded via the Fin Union Platform will be resolved by the Polish common court competent for the Provider's registered office.
4. The provision of paragraph 3 does not apply to Consumers, for whom the jurisdiction of the court is determined on general principles.

Chapter 1. General Fees

Chapter 2. Deposits and Withdrawals