TERMS AND CONDITIONS OF PARTNERSHIP FOR THE OPERATION OF A NETWORK OF STATIONARY VIRTUAL CURRENCY EXCHANGE OFFICES

Below you will find the most up-to-date terms and conditions added on 24/10/2024. If you want to see the previous version, click here .

§1. DEFINITIONS

Terms and Conditions – these Terms and Conditions specifying the principles of partnership to operate a network of stationary virtual currency exchange offices;
Cryptoterminal – an entity which, together with its entities affiliated personally and in equity, provides the Partner, pursuant to the Agreement, with the tools necessary to run a stationary virtual currency exchange office; ARI10.TERMINAL Sp. z o.o. with its registered office in Poznań, entered in the Register of Entrepreneurs of the National Court Register by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8. Commercial Division of the National Court Register under KRS no: 0000855937, NIP: 7792517833, REGON: 386818336;
Agreement– a partnership agreement concluded between Cryptoterminal and the Partner for the operation of a network of stationary virtual currency exchange offices, wherein the Terms and Conditions form an integral part;
Transaction – an occasional transaction or a transaction as part of a business relationship as defined in Article 2(2)(22) of the Act; the execution of buy or sell offers of virtual currencies by the Partner on behalf of the User, performed on the basis of the Agreement using the Partner Package;
Partner – an entity operating a stationary virtual currency exchange office, performing the Transaction on behalf of the User with the withdrawal of funds in cash; for the purposes of these Terms and Conditions, Partner should be understood as a person representing the Partner, i.e. a person running a sole proprietorship in its own name, a board member authorised to represent the company independently, a proxy or other person, who has been duly authorised to act on behalf and for the benefit of the Partner (representative), unless the content of a given provision of the Terms and Conditions provides otherwise;
User – a natural person over 18 years of age commissioning the Partner to perform a Transaction;
Offer – an offer as defined in Article 66 of the Act of 23 April 1964 Civil Code, made in order to conclude an Agreement;
Act – the Act of 1 March 2018 on counteracting money laundering and terrorist financing, together with amending acts;
Virtual currency – virtual currency as defined in Article 2(2)(26) of the Act, i.e. a digital representation of value that is not:
1. a legal tender issued by the National Bank of Poland, foreign central banks or other public administration authorities,
2. an international accounting unit established by an international organisation and accepted by individual countries belonging to or cooperating with that organisation,
3. electronic money as defined in the Act of 19 August 2011 on payment services,
4. a financial instrument as defined in the Act of 29 July 2005 on trading in financial instruments,
5. a bill of exchange or a cheque – and is exchangeable in business transactions for legal tender and accepted as a medium of exchange, and may be electronically kept or transferred or may be the subject of electronic commerce;
Fees – fees incurred by a User for the execution of a Transaction, charged as the amount of Virtual Currency included in the Offer presented, which consists of:
1. Transaction Fee – a fee to payment service providers and exchange fees related to the execution of a Transaction;
2. Commission – the remuneration for the execution of a Transaction;
Cryptoterminal Commission – the remuneration for Cryptoterminal, included in the Commission payable by the Partner in return for providing services to the Partner under the Agreement;
Initial Fee – a fee charged for consulting on the implementation and operation of the virtual currency exchange office paid by the Partner to the service provider, i.e. Ari10 sp. z o.o. with its registered office in Poznań, entered in the Register of Entrepreneurs kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, 8. Commercial Division of the National Court Register under no. 0000837013, NIP 7831815010, REGON 38589319800000;
Beneficial owner – natural person(s), who due to their rights arising from legal or factual circumstances, directly or indirectly controls the Partner, in accordance with article 2.2.1 of the Act;
Account – a part of a virtual domain of the Ari10.Exchange website intended for the exclusive use of the Partner, where the Data and information on the Partner's activities under the Agreement are collected;
KYB – a Know Your Customer process carried out during Registration, which includes Financial Security Measures, in particular the identification and verification of the Partner, persons acting on behalf of the Partner and the Partner's beneficial owners, determination of the Partner's structure, verification of the authenticity of the documents provided, collection of data from other sources;
Financial Security Measures – the measures applied to the Partner, within the KYB process and during the implementation of the Agreement, as indicated in the Act, in particular: identification and verification of identity, identification of a beneficial owner, ongoing monitoring of business relations; monitoring of changes, updating of documents and data;
Data – textual and graphic data, including personal data collected as part of the implemented Financial Security Measures, including the KYB process and Registration, and generated from Data provided;
GDPR – the General Data Protection Regulation of 27 April 2016, 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 and all related legislation;
Partner Package – tools made available to the Partner as part of the Agreement to enable the execution of Transactions, consulting services (support for the Partner in operating a virtual currency exchange service), know-how regarding the virtual currency market (training, educational materials, mailings), POS Device for the execution of Transactions together with the IT system supporting the execution of Transactions, video instruction for the operation of the POS Device, intellectual property rights, including any future protection rights regarding trademarks and technological solutions, the documentation necessary for the Partner to perform its activities, i.e. the Internal Anti-Money Laundering and Countering the Financing of Terrorism Procedure referred to in Article 50 of the Act;
Obliged Institution – for the purposes of these Terms and Conditions, an entity conducting business activities involving the provision of services referred to in Article 2(1)(12) of the Act;
Credit Limit – the amount up to which a Purchase Transaction may be executed, taking into account the Partner's settlement status for already executed Transactions and any collateral in favour of Cryptoterminal established under a separate agreement;
Deposit – the collateral provided by the Partner enabling the execution of Transactions above the agreed Credit Limit;
Working Day – any day from Monday to Friday, excluding Saturdays and public holidays in Poland.

§2. AGREEMENT

The subject matter of the Agreement is the provision of consulting services as well as the provision of the Partner Package, which enables the Partner to conduct business activity in the area of trading in virtual currencies – execution of purchase or sale Transactions of virtual currencies.
In order to conclude the Agreement, the Partner shall submit an Offer by completing the registration form on the Cryptoterminal website, i.e. https://ari10.com/pl/cryptoterminal.
Cryptoterminal has to accept the Offer, which is subject to the results of the Partner's KYB process.
The Agreement is concluded as soon as Cryptoterminal sends to the Partner, to the e-mail address provided during the Registration, information about the acceptance of the Offer together with the documents for signature.
The Offer shall be accepted or rejected no later than 14 days after its receipt by Cryptoterminal. Failure by Cryptoterminal to respond within the indicated period shall not constitute tacit or implied acceptance of the Offer; the application of Article 682 of the Civil Code is excluded.
Cryptoterminal is not obliged to provide reasons when rejecting the Offer.
The Partner is required to meet the minimum technical requirements:
1. to have a device enabling access to the Internet, equipped with a working operating system, e.g. Android, IOS, Linux or Windows with an up-to-date version of a web browser providing access to Internet resources such as: Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome or another compatible one;
2. to have an active e-mail account and a telephone number.

§3. REPRESENTATIONS

The Partner declares that:
1. the persons representing the Partner and its Beneficial Owners are not politically exposed persons pursuant to Article 2(2)(11) of the Act;
2. as an obliged institution conducting a business activity involving the provision of services referred to in Art. 2 (1) (12) of the Act, is registered in the virtual currency register referred to in Art. 129m of the Act or undertakes to obtain an entry in the aforementioned register immediately after conclusion of the Agreement; the obligation indicated in the preceding sentence shall not apply to the existing Partners who, as at the date of acceptance of these Terms and Conditions, are a party to the Partnership Agreement for the operation of stationary virtual currency exchange offices, which means that the existing Partners are obliged to obtain an entry in the aforementioned register by 30 April 2022;
3. to comply with the requirement of not having a criminal record pursuant to art.129n of the Act;
4. to comply with the requirement referred to in Article 129o of the Act, which means that the Partner has knowledge or experience, confirmed by relevant documents, related to the Virtual Currencies business:
has completed training or a course on legal or practical issues related to the activity in the area of Virtual Currencies or undertakes to complete such training or a course immediately after the conclusion of the Agreement; or
has been performing, for a period of at least one year, activities related to the Virtual Currency business
5) is registered in the Central Register of Beneficial Owners and the Partner's data disclosed in the register have been correctly disclosed and are up to date, and in the event of any changes the Partner undertakes to update the data in question without delay. This provision does not apply to sole proprietorship.

§4. REGISTRATION

In order to register, the Partner shall create an account in the Ari10.Exchange system and shall:
1. provide an e-mail address;
2. create a password to access the Account;
3. accept the Terms of Service of Ari10.Exchange;
4. click an activation link received at the e-mail address indicated in the registration form to confirm that the Account is created.
As soon as the Registration process is completed, an agreement is concluded between the Partner and the Ari10.Exchange controller for the maintenance of the Account – for an indefinite period of time; Terms and Conditions at https://ari10.com/en/exchange/documents shall apply; Ari10.Exchange controller creates and maintains the Account for the Partner on behalf of Cryptoterminal and solely for the purpose specified by Cryptoterminal.
Through the Account, a KYB process is conducted, whereby the Partner:
1. sends a photo of an identity document: identity card (both sides) or passport (the side with the photo); the photo should show all the edges of the document and the following identification data:
  1. name and surname;
  2. telephone number for SMS code authorisation;
  3. citizenship;
  4. series and number of the identity document;
  5. PESEL (if applicable) or date of birth and country of birth;
  6. photo;
2. takes a selfie;
3. sends a completed Know Your Business form with the following data:
  1. Partner data (the entity operating the stationary virtual currency exchange office):
    1. name;
    2. form of organisation;
    3. registered office address and business address (if different);
    4. Tax Identification Number;
    5. REGON (National Business Registry Number);
    6. KRS-number (National Court Register), if applicable;
    7. type of business activity;
    8. bank account number.
    9. Information on the purpose and nature of the future business relationship
  2. Identification data of all persons representing the Partner:
  1. names and surnames;
  2. PESEL or date of birth and country of birth;
  1. Identification data of all beneficial owners of the Partner (at least names and surnames);
4. Submits a PEP declaration, i.e. politically exposed persons, regarding all persons representing the Partner and its beneficial owners.
In order to complete the KYB process, Cryptoterminal requires additional data, in particular:
1. copies of the identity documents of all persons representing the Partner;
2. documents to establish the Partner's income and source of assets;
3. a current copy of CEiDG (Central Registration and Information on Business) or KRS (National Court Register);
4. other documents in order to duly fulfil the obligations set out in the Act.
To complete the KYB process, Cryptoterminal is entitled to check the Partner's status in the Credit Information Bureau (BIK), in particular Cryptoterminal takes into account the amount and nature of the Partner's debts with third parties.
The Partner is obliged not to disclose the access data to Account to any third party.
Cryptoterminal rejects the Offer and refuses to conclude the Agreement or terminates the Agreement without notice, if already concluded, if:
1. the Partner has failed or ceased to comply with the requirements set out in the Terms and Conditions or indicated by Cryptoterminal;
2. Cryptoterminal cannot apply one of the Financial Security Measures, in particular due to:
  1. refusal to provide Data;
  2. provision of incomplete, false or misleading, unclear, illegible Data;
  3. outdated Data;
  4. failure to submit any of the required declarations;
3. the Partner has breached the Agreement, the Act or any other legal act or any decision or order of a court or other competent authority.
In addition to the circumstances indicated in the paragraph above, the Agreement may be refused or the business relationship with the Partner may be terminated without notice due to:
1. provisions of the Act or any other legal act, or a decision or order of a court or other competent authority;
2. if financial security measures applied to the Partner in the KYB process or during the term of the Agreement have revealed a suspicion that the Partner's activity may be connected with money laundering or terrorist financing or other crime.

§5. PERFORMANCE OF THE AGREEMENT

When performing the Agreement, the Partner acts on its own behalf and for its own account, using the Partner Package, its own infrastructure and its own inputs.
The Partner shall be fully responsible for compliance with the AML/CFT principles, including the implementation and application of the provisions of the Act, the Agreement and Cryptoterminal's guidelines.
The Partner understands that the POS Device including the IT system for the execution of Transactions is provided upon payment of all following fees:
1. POS Device lease fee to Ari10 sp. z o.o. (so-called subscription fee);
2. POS Device Deposit to Ari10 sp. z o.o.;
3. Initial fee to Ari10 sp. z o.o. .
All property, copyright and other intellectual property rights, in particular the rights to the name and the Internet domain, are owned by Cryptoterminal, and they may only be used as specified in the Terms and Conditions.
The Partner may engage other entities as Partners – under the terms and conditions to be agreed in writing with Cryptoterminal.
As part of the Agreement, Cryptoterminal:
1. will provide the Partner with a Partner Package;
2. will provide the Partner with the consulting services necessary to run a stationary virtual currency exchange office;
3. supervises the proper performance of the Agreement by the Partner, the Partner's employees and entities cooperating with the Partner;
4. gives the Partner binding recommendations on the performance of the Agreement and interpretation of its provisions, in writing and by email.
The Partner is obliged to comply with the provisions of the Act; in particular, the Partner undertakes to:
1. implement, apply and update the anti-money laundering and countering the financing of terrorism procedure;
2. identify and assess risks relating to money laundering and terrorist financing;
3. apply to Users Financial Security Measures proportionate to the risks identified;
4. document and store the Financial Security Measures implemented and the results of ongoing analyses of the Transactions executed pursuant to the Act;
5. collect and submit the relevant institutions the information indicated in the Act, in particular to the Public Prosecutor's Office and the General Inspector of Financial Information;
6. co-operate with the General Inspector of Financial Information or law enforcement authorities if there is a suspicion of money laundering or terrorist financing or any other type of crime,
7. implement measures of an organisational nature in order to perform the tasks of the obliged institutions;
8. implement and update the procedures indicated in the Act;
9. provide the necessary training on anti-money laundering and countering the financing of terrorism.
The Partner is fully responsible for the correct and accurate transfer of the Data. By accepting the Terms and Conditions, the Partner confirms that the Data provided as part of the Registration and during the performance of the Agreement is correct and up to date.
Should the Data change, the Partner is obliged to contact Cryptoterminal immediately by telephone and, no later than within two days, to send an e-mail to [email protected] with the current Data, which includes in particular:
1. telephone number(s) indicated to receive SMS codes for the approval of Transactions;
2. bank account number;
3. a change of nature or scope of the Partner's business activity;
4. e-mail address
5. all the data indicated in the KYB process, in particular as regards the ownership structure of the Beneficial Owners.
In addition to sending the message with updated Data referred to in the paragraph above, the Partner is also obliged to update the Data displayed in the Account on Ari10.Exchange.
If the Data provided is incomplete, untrue or out of date, the Partner's access to the Account and the execution of Transactions on behalf of the User is blocked until it is completed or updated.
The Partner agrees to cooperate and provide Cryptoterminal with reasonable assistance in order for Cryptoterminal to perform any actions imposed by authorities, offices or other authorised entities.
The Partner is obliged to:
1. purchase and sell Virtual Currencies at Cryptoterminal;
2. consult with Cryptoterminal on ongoing or intended actions that may affect the performance of its obligations under the Agreement, in particular where they violate or may violate the non-competition clause set out below in the Terms and Conditions;
3. comply with the provisions of the Agreement and to perform the Agreement in a manner consistent with the law, in particular to ensure that:
  1. the Transactions are executed in compliance with the provisions of the Act and the regulations on the processing of personal data – the Partner declares that it has implemented and applies the provisions of the Act and the GDPR in its business operations;
  2. the Partner's representatives, subcontractors or other persons whose services the Partner uses to perform the Agreement are aware of the provisions of these Terms and Conditions, the Partner's internal anti-money laundering and countering the financing of terrorism procedure, and that such persons are trained in the provisions of the Act, basic knowledge of virtual currencies and the use of the Partner Package;
4. refrain from any activity that could affect the proper functioning of the POS Device, including interfering with the IT system or technical components; to make any unauthorised changes to the POS Device or the IT system intended for the execution of Transactions, in particular by installing any applications; If the provision set out in the preceding sentence is breached, the Partner is obliged to immediately restore, at its own expense, the state prior to the breach, and Cryptoterminal shall not be liable for any possible consequences of such breach.
5. immediately notify Cryptoterminal of:
  1. the use of any of the elements of the Partner Package by an unauthorised person or an incident that may lead to such use;
  2. the use of the Account by an unauthorised person or an attempt to use the Account which the Partner becomes aware of;
  3. an act, omission or error that adversely affects or may adversely affect the Partner's ability to perform the Agreement,
6. keep the IT system of the POS Device in the latest available version;
7. upon termination of the Agreement, return the equipment provided as part of the Partner Package, together with all elements and other parts, in working order, fit for its intended use, without signs of deterioration exceeding normal use adequate for the duration of the Agreement, in its original and undamaged packaging;
8. refrain from using the Partner Package for purposes other than intended and in excess of the performance of the Agreement;
If the Partner's actions violate the provisions of these Terms and Conditions, the provisions of the applicable law, the rights of third parties, as well as in other justified cases, including when it is required to apply Financial Security Measures against the Partner, Cryptoterminal may:
1. refuse to conclude the Agreement;
2. suspend the performance of the Agreement for a definite or indefinite period of time;
3. make the performance of the Agreement conditional on the confirmation of data, submission of specific documents or provision of explanations.

§6. SUPERVISION OF THE PARTNER

Cryptoterminal shall be entitled to supervise the performance of the Agreement, in particular with regard to:
1. the use of the Partner Package;
2. the use of the intellectual property rights of Cryptoterminal and entities affiliated personally or in equity with Cryptoterminal, whereby it is agreed that any images that the Partner places to mark its exchange office on the premises, outside the premises or on the Internet, containing graphic or word and graphic designations of Cryptoterminal or entities affiliated personally or in equity with Cryptoterminal must be approved in advance by Cryptoterminal in writing or by e-mail.
Upon Cryptoterminal's request, the Partner shall, within two Working Days from the date of such request, confirm in a written statement:
1. that it complies with the provisions of the Act, including, in particular, that it applies Financial Security Measures to Users and has put in place and complies with the anti-money laundering and countering the financing of terrorism internal procedure; as part of the obligation indicated in the preceding sentence, the Partner shall provide Cryptoterminal with information and documents confirming the declaration of its compliance with the Act;
2. that it complies with the provisions on the protection of personal data, including, in particular, that it processes Users' data in accordance with the GDPR and the provisions of the Act of 10 May on the protection of personal data; as part of the obligation indicated in the preceding sentence, the Partner shall provide Cryptoterminal with information and documents confirming the statement on the compliance of its activities with the GDPR and the provisions of the Act of 10 May 2018 on the protection of personal data;
3. the statements indicated in §3(2) of the Terms and Conditions.
Cryptoterminal recommends to the Partner to equip the premises where the Partner conducts its business in accordance with Cryptoterminal's instructions provided to the Partner.

§7. LIABILITY

The Partner acknowledges that it is responsible for the performance of the Agreement and the obligations arising therefrom and that it is liable for its acts and omissions.
Except to the extent explicitly stated in the Agreement, Cryptoterminal shall not be liable to:
1. the Partner – as regards actions under the Agreement, in particular, for the consequences of actions resulting from the application of Financial Security Measures or other actions performed under the Agreement, the Act or other laws;
2. the User or any other person or entity – for the actions (or omissions) of the Partner regarding the execution of the Transaction, in particular for the actions or omissions of the Partner or third parties as a result of which the Transaction was not executed or was executed incorrectly.
Cryptoterminal shall not be liable for damages resulting from the Partner's failure to update the Data, in particular to notify Cryptoterminal of any change in:
1. telephone number(s) indicated to receive SMS codes for the approval of Transactions;
2. bank account number;
3. details of the Partner's business included in the KYB process;
4. e-mail address;
5. employment status within the Partner's organisation that may affect the performance of the Agreement, including access to Confidential Information.
The Partner agrees to indemnify Cryptoterminal for damages incurred in connection with:
1. penalties, fees, expenses, dues, charges imposed on Cryptoterminal in connection with the Partner's act or omission in performing the Agreement or Transaction for the benefit of the User;
2. the failure of the Partner to comply with the provisions of the Act;
3. the breach by the Partner of its representations, warranties or obligations under the Agreement;
4. the failure to perform or the incorrect performance of a Transaction for the benefit of a User.
In no event shall Cryptoterminal have any tort or contractual liability, including negligence and breach of statutory duty arising from any cause, misrepresentation or otherwise, for:
1. damage incurred by the Partner, including loss of profits as well as failure to make profits;
2. any failure by the Partner, as an Obligated Institution, to comply with its obligations under the Act;
3. blocking, seizure or freezing of the Partner's or the User's funds by the competent authorities or judicial bodies under applicable laws, including but not limited to the provisions of the Act or the enforcement regulations;
4. refusal to execute Transactions or termination of business relations with the Partner for reasons arising from the provisions of the Act, in particular from the implementation of Financial Security Measures;
5. possible disruptions, including technical interruptions in the operation of elements of the Partner Package, incompatibility with the Partner's technical infrastructure or for any errors due to the failure to update the POS Device software when a new version is released, which result or may result in the non-performance or improper performance of the Agreement or Transaction for the benefit of a User;
6. the consequences of the Partner's actions constituting a breach of the Terms and Conditions, the law or best practices;
7. performance of the Agreement by the Partner, including the execution of Transactions, in a manner inconsistent with applicable law;
8. damages incurred by the Partner as a result of binding legal regulations, changes to legislation, interpretations, recommendations and guidelines of state authorities, including supervisory authorities.
In the event of disclosure of business secrets, in particular disclosure of Confidential Information, the Partner shall be obliged to pay to Cryptoterminal a contractual penalty in the amount of PLN 200,000 (two hundred thousand zlotys) for each case of disclosure of business secrets, in particular disclosure of Confidential Information.
In the event of a breach of the obligation to obtain Virtual Currencies (purchase or sell) exclusively at Cryptoterminal, the Partner shall be obliged to pay to Cryptoterminal a contractual penalty in the amount of PLN 200,000 (two hundred thousand zlotys) for each case of breach of this obligation. The provision indicated above shall apply only to Transactions.
In the event of a breach of the Non-Competition Clause, the Partner shall be obliged to pay to Cryptoterminal a contractual penalty in the amount of PLN 200,000 (two hundred thousand zlotys) for each case of breach of the Non-Competition Clause.
The contractual penalties imposed on the Partner shall constitute contractual penalties pursuant to the provisions of Article 483 § 1 of the Civil Code and shall be payable within 7 days of the payment request submitted to the Partner.
Notwithstanding the imposed contractual penalty, Cryptoterminal shall be entitled to claim damages exceeding the amount of the stipulated contractual penalty on a general basis.
The Partner acknowledges and accepts that in the event of damage to the parts of the Partner Package, which applies in particular to the POS Device and its components, including packaging, the damage shall be paid from the Deposit to an appropriate extent.

§8. DURATION OF THE AGREEMENT

The Agreement is concluded for an indefinite period of time.
The Agreement may be terminated by giving three months' notice in writing or by e-mail, otherwise being null and void.
Upon termination of the Agreement, the deposit agreement, if concluded, as well as the lease agreement for the POS Device shall be terminated – in both cases automatically, without any further declarations.
The Agreement may be terminated by Cryptoterminal without notice, with immediate effect, for important reasons for which Cryptoterminal is not responsible. The important reasons referred to in the preceding sentence include, in particular:
1. the Partner's failure to settle within 5 days of the execution of the Transaction;
2. the use of the Partner Package in a manner not compliant with the provisions of the Agreement or contrary to Cryptoterminal's guidelines, including the installation of other applications on the POS Device, copying and using the documentation provided as part of the Partner Package contrary to the provisions of the Agreement;
3. violation of personal rights, in particular the reputation of Cryptoterminal or entities affiliated personally or in equity with Cryptoterminal;
4. failure by the Partner to comply with the anti-money laundering and countering the financing of terrorism regulations, the provisions of the Act, the Agreement and Cryptoterminal's guidelines;
5. failure by the Partner, for at least three consecutive months, to execute any Transaction.
Prior to termination of the Agreement with immediate effect as referred to in the preceding paragraph, Cryptoterminal may request the Partner in writing to immediately cease the breaches and remedy them within three days.
In any case and regardless of the procedure for termination of the Agreement, Cryptoterminal shall be entitled to remuneration for services provided up to the date of termination;
The Partner shall be required to settle all Transactions initiated before the date of termination of the Agreement.
Upon termination of the Agreement, the Partner shall be obliged to immediately return to Cryptoterminal the Partner Package, any documents in its possession containing Confidential Information related to the performance of the Agreement in question, and to hand over to Cryptoterminal items containing Cryptoterminal's word and graphic markings, such as signs and other materials that may be used for promotion using Cryptoterminal's marks.
If the parts of the Partner Package are not returned within one month of a request made by Cryptoterminal after the termination of the Agreement, Cryptoterminal shall be entitled to retain the deposit or other collateral established on the parts of the Partner Package.

§9. SETTLEMENT OF TRANSACTIONS

When purchasing Virtual Currency:
1. a User deposits funds with the Partner;
2. upon confirmation of the payment, the Partner instructs Cryptoterminal to transfer the purchased Virtual Currency to the wallet indicated by the User, after deduction of Cryptoterminal's Commission; the Virtual Currency is transferred on behalf of the Partner.
When selling Virtual Currency:
1. the User deposits the Virtual Currency into the Partner's wallet;
2. Upon confirmation of the first crediting of the Virtual Currency, the Partner shall execute the sale Transaction and transfer the funds to the User in the amount corresponding to the amount of the Virtual Currency deposited by the User, converted at the current exchange rate, less Fees.
The Fee for the execution of the Transaction is automatically charged as part of its value included in each case; the details of a given Transaction in the information system of the POS Device are presented including the Fees.
The amount of the Fees is determined between Cryptoterminal and the Partner in the Agreement.
When executing a Transaction for the benefit of a User, the Partner may stipulate any value of remuneration for its benefit, unless Cryptoterminal has issued guidelines in this respect.
Each time the value of a Transaction that the Partner may execute for the benefit of a User depends on the Partner's account balance with Cryptoterminal for previous Transactions executed by the Partner, whereas the Credit Limit for a Purchase Transaction is PLN 15,000 (in words: fifteen thousand zlotys).
If the Partner's settlement balance with Cryptoterminal for completed Transactions is negative even if the Credit Limit is considered, it is not possible to execute a Purchase Transaction for the User, unless the Partner makes individual arrangements with Cryptoterminal confirmed in writing, by e-mail or by SMS for a specific Transaction.
If the Partner executes Transactions under the conditions referred to in the paragraph above, the Partner is obliged to immediately transfer the funds to Cryptoterminal after the execution of the Transaction.
In order to execute Purchase Transactions exceeding the Credit Limit, it is necessary to provide collateral for Cryptoterminal in the form of a deposit or advance payment, based on individual arrangements.
Cryptoterminal does not guarantee the Partner a specific level of revenue under the Agreement.
Mutual claims arising from the executed Transactions are set off as part of the settlement between Cryptoterminal and the Partner, subject to the Partner's consent; as a result of the set-off, the claims resulting from the executed Transactions are cancelled up to the amount of the lower claim.
Transactions are settled on a daily basis on Working Days, whereby the party (Cryptoterminal or the Partner) that is entitled to the lower amount due at the end of the settlement day is obliged to pay the other party the difference to the amount due to the other party within 24 hours of the end of the settlement day. The payment of the remuneration indicated in the preceding sentence shall be made:

for Cryptoterminal: to the bank account indicated to the Partner in the e-mail sent at the end of the settlement day from the address: [email protected]
for the Partner: to the bank account held in the Partner's name, indicated by the Partner in the Agreement and in the Account profile.

If the Partner fails to pay the remuneration due to Cryptoterminal within 72h of the due date (the amount shall become due on the date of the Transaction), Cryptoterminal will cease to provide services to the Partner and disable the Partner's right to execute Purchase Transactions for the benefit of Users (the Partner retains the ability to execute Sale Transactions to settle the balance). The services will be restored once the outstanding balance has been credited and after contacting Cryptoterminal.
Should the settlement arising from the executed Transactions fail to be paid within one week of their due date, Cryptoterminal is entitled to deduct the required amount due to the Partner from the Deposit, subject to the Partner's consent. The deduction does not require the submission of additional declarations. If the Deposit has been provided in Virtual Currency or any digital assets, these will be converted at the exchange rate applicable on the date of deduction.
When executing a Transaction, the Partner generates a wallet for the User (in the name of and on behalf of the User), in which the Virtual Currencies purchased by the User are kept.
The Partner may also generate a wallet on its own behalf and keep the Virtual Currencies purchased by the User therein for a User. In this case:
1. The User receives a written confirmation from the Partner containing the address of the wallet and the assigned code;
2. The Partner notifies the User that he/she shall not disclose the wallet code to third parties and that it must be stored in a secure manner.
The Partner acknowledges and accepts that:
1. is responsible for the Virtual Currencies kept for the User;
2. is responsible to the User for their correct settlement;
3. the Virtual Currency held in the wallet may not be transferred to other wallets; the Partner is obliged to inform the User that the Virtual Currency deposited may only be sold and cannot be transferred.
The storage of Virtual Currencies referred to in the preceding paragraphs shall be of an indefinite nature and shall not generate any costs for either party to the Transaction.
If the Deposit is paid in different assets, the Commission shall be calculated according to the Commission value assigned to the asset with higher value.

§10. INTELLECTUAL PROPERTY

Cryptoterminal shall own and retain copyright and all other intellectual property rights in all parts of the Partner Package, the opinions prepared for the purpose of executing the Agreement, and other documents prepared for the purpose of executing the Agreement and constituting works within the meaning of the Act on Copyright and Related Rights of 4 February 1994, as well as shall own the working materials prepared for the purpose of executing the Agreement.
Cryptoterminal shall own and retain copyright and all other intellectual property rights in all content on the https://ari10.com/pl/cryptoterminal website, in particular photos, descriptions, signs and graphic elements, software, graphics, code, user interface, text, layout and other works on the aforementioned website or elements of the Partner Package. In certain cases, Cryptoterminal holds licences from third parties.
In other cases, copyright and other intellectual property rights in the content of photos, descriptions, signs and graphic elements, software, graphics, code, user interface, text, layout and other works used in the performance of the Agreement, within the meaning of the Act on Copyright and Related Rights of 4 February 1994, belong to entities affiliated personally or in equity with Cryptoterminal, in particular Ari10 sp. z o.o. and Bitcan sp. z o.o.
The Partner may not use the works and other intellectual property rights referred to in this paragraph of the Terms and Conditions for purposes other than for the performance of the Agreement, as set out in the Terms and Conditions and Cryptoterminal's recommendations and guidelines provided to the Partner in writing or by email, unless Cryptoterminal gives the Partner express and prior consent in writing.
For the duration of the Agreement, Cryptoterminal grants the Partner a non-exclusive licence to use certain parts of the Partner Package made available to the Partner individually – subject to the principles set out in the Terms and Conditions. The licence is non-exclusive, limited to use only by the Partner for the purpose of executing the Transaction, non-transferable, without the right to grant sub-licences.
By granting the aforementioned licence, no share, right or other title to any part of the Partner Package, the content of the websites used to perform the Agreement and other works shall be deemed as granted, and these shall remain the exclusive property of Cryptoterminal or entities affiliated personally or in equity with Cryptoterminal.
The licence may be suspended or cancelled at any time, in particular in the event of non-compliance by the Partner with the provisions of the Agreement, illegal activity, breach or circumstances that justify a suspected breach of the Act.
Upon termination of the Agreement, the licence referred to in the Agreement shall expire and the Partner shall be obliged to return all provided materials and content in a condition not exceeding normal use.

§11. NON-COMPETITION CLAUSE

The Partner agrees not to engage in any activity that constitutes a competition to the activity conducted by Cryptoterminal or by an entity affiliated personally or in equity with Cryptoterminal, during the term of the Agreement and for a period of one year after its termination. Furthermore, the Partner shall not enter into agreements that coincide in whole or in part with the subject matter of the Agreement and shall not undertake any activity relating to the trading of Virtual Currencies on any basis other than the Agreement (“Non-Competition”).
Non-competition means in particular:
1. the operation of a competitive business in own name or through a third party;
2. providing services, irrespective of their basis (employment contract, contract of mandate, contract of specific work, etc.), to a competitor, including providing consulting services to a competitor, engaging in competing interests, participating in a competing company as a partner or as a member of a body of such a company;
3. entering into agreements with employees or persons providing services to Cryptoterminal or another entity related to Cryptoterminal personally or in equity, providing services on any other basis (employment contract, contract of mandate, contract of specific work, etc.), recommending the above-mentioned persons for positions in other entities not related to Cryptoterminal, recruiting such persons. The limitation indicated in the sentence above shall include employees and persons performing work for Cryptoterminal or an entity related to Cryptoterminal personally or in equity – as of the date of conclusion of the Agreement as well as those persons who start to perform work, on any basis, during the term of the Agreement.
4. entering into contracts and agreements with counterparties of Cryptoterminal or entities affiliated personally or in equity with Cryptoterminal – to the extent of the services that the counterparty performs for Cryptoterminal or entities affiliated personally or in equity with Cryptoterminal. The limitation indicated in the sentence above shall include counterparties of Cryptoterminal or entities affiliated personally or in equity with Cryptoterminal – as of the date of conclusion of the Agreement as well as counterparties whose legal relationship, regardless of its type, arises with Cryptoterminal or entities affiliated personally or in equity with Cryptoterminal, during the term of the Agreement.
The entities competitive to Cryptoterminal or the entities affiliated personally or in equity with Cryptoterminal are natural persons, legal persons as well as unincorporated entities that perform the same activity organised in any legal form or whose scope coincides even partially with the scope of activity of Cryptoterminal or the entities affiliated personally or in equity with Cryptoterminal, offer the same or similar services, to the same group of customers or undertake activities in order to address their services to the same circle of customers (potential markets).
Violation of the non-competition clause shall constitute a breach of the Agreement and shall give grounds for its immediate termination without notice.
The non-competition clause is not territorially restricted; it applies in Poland and abroad.
The non-competition clause shall apply not only to the Partner, but also to entities affiliated with the Partner personally or in equity, as well as the Partner's employees and associates.
The non-competition clause shall not apply if the Partner obtains Cryptoterminal's express consent, in writing or by email, to undertake a given activity. The consent referred to in the preceding sentence shall always apply only to the specific case with regard to the Partner who has submitted a request to Cryptoterminal in this regard, and under no circumstances may the Partner consider it as a complete exemption from the Non-Competition or interpret it extensively.

§12. CONFIDENTIALITY

The Partner shall be obliged to maintain the secrecy of the business within the meaning of Article 11 of the Act on Combating Unfair Competition of 16 April 1993 and, in particular, to keep secret any Confidential Information obtained in connection with or during the performance of the Agreement.
Confidential Information (“Confidential Information”) shall be understood as any information, data, techniques, plans, strategies or trade secrets relating to Cryptoterminal and entities affiliated personally or in equity with Cryptoterminal, disclosed to the Partner in any manner or form during the term of the Agreement or during the pre-negotiation stage of the Agreement, whether patentable, copyrightable or not, which is not publicly available, and including in particular:
1. all economic, financial, technical, technological, commercial, organisational, legal, personal, know how information;
2. information relating to the subject matter of the business activities of Cryptoterminal and entities affiliated personally or in equity with Cryptoterminal
3. information relating to the content of the concluded agreements and their performance, rights, licences,
4. directions of development of Cryptoterminal and entities affiliated personally or in equity with Cryptoterminal;
5. information on the Partner Package and Widgets, applications, IT systems, source codes and other elements for the execution of Transactions supporting the operation of Cryptoterminal.
The obligation to keep Information confidential shall not apply to:
1. the situation in which Cryptoterminal agrees in writing to release the Partner from this obligation;
2. any circumstances constituting facts which are generally known or which have previously been made public;
3. any situations in which their disclosure by the Partner is required by applicable law, whereby the Partner shall, to the extent legally permitted, provide Cryptoterminal with details of the disclosure within three days of the disclosure.
The Partner shall keep the Confidential Information secret both during the term of the Agreement and for two years after its termination.
Affiliates and employees of the Partner shall be equally responsible for maintaining the confidentiality of the Confidential Information as the Partner.
The Partner is liable for any breaches of business secrecy and disclosure of Confidential Information as defined in this section of the Terms and Conditions caused by the act or omission of the Affiliate or the Partner's employees.

§13. PERSONAL DATA

Cryptoterminal processes personal data in accordance with the provisions of generally applicable law, including in particular the GDPR and the Personal Data Protection Act of 10 May 2018.
For the principles of processing the Partner's personal data, please refer to the Privacy Policy constituting Annex 1 of the Terms and Conditions.

§14. COMPLAINT PROCEDURE

The Partner shall submit complaints regarding the performance of the Agreement immediately after the occurrence of the circumstances constituting the basis for the complaint.
The complaint may be submitted by e-mail to [email protected] or in writing to the address of Cryptoterminal's registered office.
The complaint should contain at least the e-mail address assigned to the Partner's Account, a description of the reported objections and the expected manner of resolving the matter.
If the data or information provided in the complaint should be supplemented in order to properly process the complaint and satisfy the person submitting the complaint request, Cryptoterminal will request the Partner submitting the complaint to supplement it within the indicated scope and deadline before processing the complaint. If the time limit expires without effect, the complaint cannot be processed and is rejected. If the person submitting the complaint is requested to complete the complaint, the time limit for its consideration shall be interrupted.
Cryptoterminal shall process the complaint within 30 days from the date of its receipt in the correct version indicated in the Terms and Conditions.
The response to the complaint shall be sent only to the e-mail address assigned to the Account. In justified cases, the controller may send a response to another e-mail address, indicated by the person submitting the complaint, which is not assigned to the Account.

§15. FINAL PROVISIONS

Cryptoterminal may amend the Terms and Conditions in the following cases:
1. it is necessary to adapt the Terms and Conditions to changes in law, obligations or recommendations imposed by competent authorities;
2. due to security reasons, prevention of abuse, improvement of security or protection of privacy;
3. a technological or functional change;
4. changes in the scope or manner of performance of the Agreement.
For the existing Partners who, on the date of acceptance of the Terms and Conditions, are a party to a partnership agreement for the operation of stationary virtual currency exchange offices, the Terms and Conditions shall supersede all previous agreements and arrangements between the Partner and Cryptoterminal.
For the existing Partners who, on the date of receipt of the Terms and Conditions, are a party to a partnership agreement for the operation of stationary virtual currency exchange offices, failure to accept the Terms and Conditions and to conclude an Agreement within 30 days of its receipt shall be deemed as the termination of all existing contracts and agreements concluded between the Partner and Cryptoterminal, including in particular the partnership agreement for the operation of stationary virtual currency exchange offices and concluded deposit and lease agreements.
The amendment to the Terms and Conditions shall take effect on the date indicated by Cryptoterminal, once the amended version of the Terms and Conditions has been made available to the Partners.
The Agreement shall be governed by the Polish law; any matters not regulated in the Agreement shall be governed by the relevant provisions of the laws commonly applicable in Poland.
Any disputes arising in connection with the Agreement shall be settled by the competent common court in Poznań.
Any annexes to the Terms and Conditions shall constitute an integral part thereof, and thus form part of the Agreement.
Should certain provisions of the Agreement be found invalid by a decision of a court or other authorised body, the remaining provisions shall remain valid unless it is evident from the circumstances that without the provisions expressly considered invalid the Agreement would not have been concluded.

Annexes:

Annex 1 – Privacy Policy

§1. General information

The controller of personal data is ARI10.TERMINAL Sp. z o.o. with its registered office in Poznań, KRS-number: 0000855937, NIP: 7792517833, REGON: 386818336
Personal data refers to all information about an identified or identifiable natural person through one or more specific factors, including in particular the IP number of the device, location data, internet identifier and information collected through cookies and other similar technology.
The Controller is entitled to process the Partner's personal data to the extent and for the purpose set out in the Terms and Conditions, in compliance with the data security requirements specified in the GDPR.
The data is processed for the purpose of performing the Agreement, Transactions with the User, contacting the Partner, confirming the Transaction.
The personal data of the Partners may be disclosed to entities entitled to receive such data under applicable laws, including competent judicial authorities, as well as accounting offices, law firms, payment intermediaries and banks, within the limits of applicable laws, and competent authorities, in particular pursuant to the Act. The personal data of the Partners may also be transferred to other entities cooperating with the Controller. The data is transferred only to the extent necessary. At the written request of the Partner, the Controller will provide a list of entities it entrusts or makes available the Partner's personal data to.
The personal data of the Partner will not be transferred to a third country.
In the cases and pursuant to the terms of the GDPR, the Partner has the right of access to the content of its data and the right to rectification, erasure (subject to paragraph 10 below), restriction of processing, the right to data portability, the right to object, the right to withdraw consent at any time without affecting the compliance with the law of the processing performed on the basis of consent before its withdrawal.
The Partner has the right to lodge a complaint with a supervisory authority if it considers that the personal data of the Partner is processed in a manner that violates the provisions of the GDPR.
Pursuant to the GDPR, every person has the right to control the processing of subject data. Upon the Partner's request, the Controller is obliged to inform the Partner in writing about their rights and provide information regarding their personal data. The aforementioned right is granted no more often than once every 6 months.
Properly secured copies of documents and information obtained as a result of the application of the Financial Security Measures specified in the Act will be retained until the expiry of the statutory obligation, i.e. for a period of five years from the last application of any Financial Security Measure to the Partner, unless an extension of the aforementioned period is requested by a competent authority.
The personal data of the Partner will not be processed by automated means, including profiling.
The data is provided on a voluntary basis but is necessary for the performance of the Agreement and thus to execute the Transactions.
By refusing to provide data, the Transaction cannot be executed.

§2. Purpose and legal basis of personal data processing

The Partner's data is processed for the purpose of:

the performance of the Agreement, including the execution of Transactions and the processing of any requests made to the Controller;
fulfilling the Controller's legal obligations to comply with obligations resulting from the Act, including with regard to the competent authorities, for tax and accounting purposes, and to process complaints;
performing the Controller’s legal justified interests, including marketing;
asserting or securing claims or defending against them
on the basis of the Partner's consent – for marketing the products or services of the Controller or entities with which the Controller cooperates. The list of such entities shall be made available by the Controller upon individual request made in writing to the Controller's address within 30 days from the date of receipt of the request;
accounting, i.e. proving compliance with the provisions on the processing of personal data, the data shall be kept for the period of time during which the Controller is obliged to keep the data, copies of documents, results of analyses performed following the application of financial security measures - in order to document the compliance with legal requirements and to enable control of their compliance by public authorities.

§3. Principles of personal data processing

Personal data shall be processed by the Controller in accordance with the regulations on personal data protection, including in particular the GDPR
The Controller shall exercise due care in selecting and applying appropriate technical and organisational measures to ensure the protection of the personal data processed. Only persons duly authorised by the Controller have full access to the databases.
Personal data are protected by the Controller against their disclosure to unauthorised persons, as well as against other cases of their disclosure or loss and against destruction or unauthorised modification of the indicated data and information, by applying appropriate organisational, as well as technical and software security measures.
When a personal data breach is detected, the Controller shall, without undue delay, notify the Partner of this fact, unless this is not justified by the extent of the breach.
If a breach is detected, the Controller shall take all possible measures to prevent or minimise the effects of the breach.
The Controller may transfer the Partner's personal data to another entity for further processing (hereinafter “Sub-processor”). The Sub-processor processing personal data on behalf of the Controller shall comply with the same personal data protection guarantees and obligations as those imposed on the Controller. Sub-processors may in particular include entities providing payment services or technical services relating to the development and maintenance of IT systems and websites. Detailed information regarding Sub-processors may be made available to the Partner upon request. The Partner has the right to raise an objection to the Controller's list of Sub-processors; however, raising an objection or failing to accept them may result in the termination of the Agreement and thus the discontinuation of the Transaction if the Sub-processor in question is a key entity for the purpose of the Transaction.
The Controller shall not be liable for data protection breaches resulting directly from the Partner's acts or omissions.
In order to obtain additional information on data processing, the Partner may send a message in electronic form to the Controller's address: [email protected]

§4. Partner's rights regarding the data processing

Access to personal data and the right rectify it;
Deletion of data – subject to the provisions of this Policy;
Restriction of processing;
Data portability;
Objection to the processing of data on the basis of the legitimate interest of the Controller or to processing for direct marketing purposes,
The right to withdraw the consent given at any time without affecting the compliance with the law of the previous processing (if the processing is based on consent),
Submission of a complaint to a supervisory authority if the Partner considers that the processing of personal data violates the provisions of the GDPR.

§5. Transfer of personal data:

Personal data may be transferred to other entities cooperating with the Controller in the provision of services by electronic means – execution of Transactions, and the entities providing payment services, technical services, i.e. supporting the promotion of offers, cooperating within the marketing campaigns.
Personal data may also be transferred to public authorities in cases specified in the Act.

§6. Storage period of personal data

Personal data processed for the purpose of performing the Agreement and for the purpose of fulfilling a legal obligation shall be stored for the duration of the Agreement and thereafter for the period specified in the Act.
Personal data shall furthermore be stored for the time necessary for:
providing services to the Partner (e.g. processing complaints);
securing or asserting claims;
fulfilment of a legal obligation of the Controller (e.g. due to tax or accounting regulations).
Personal data processed for the purpose of marketing products or services, based on a legitimate legal interest, is processed until the Partner raises an objection.
Data processed on the basis of the Partner's consent is processed until the consent is withdrawn.
At the end of the processing period, the data is permanently deleted or anonymized.
Data is also processed for the purposes of making security copies, testing changes to IT systems, detecting irregularities or protecting against abuse and attacks.
Data is not transferred to countries outside the European Economic Area (EEA)