These Terms specify the rules for the provision of the Gateway Service by us and its use by Clients. Please read them before using our Services.
In the Terms, we refer to the Company in the first person, using terms such as "we," "us," or "our." Section and subsection titles are for convenience only.
"Gateway" means the interface (so-called payment gateway) located on the website of a Partner, through which you can purchase Crypto-assets under the conditions specified in these Terms.
"Client" means a natural person whom we provide Services.
"Company" means Bitcan Sp. z o.o., based in Poznań, Podlaska 15 St., 60-623 Poznań, registered in the National Court Register under KRS 0000808472, NIP 6292495068, REGON 384619443.
"Crypto-asset" means a digital representation of value or right that can be transferred and stored electronically using distributed ledger technology or similar.
"Exchange Order" means the Client's instruction to execute a Transaction.
"Force Majeure" means an extraordinary external event, not caused by us and beyond our control, including:
"Partner" means a natural person, legal entity, or organizational unit without legal personality with whom we have entered into a cooperation agreement.
"Services" means:
"Terms" means these Terms and Conditions of the Gateway Service by Bitcan sp. z o.o.
"Transaction" means the purchase of Crypto-assets conducted by the Client via Gateway.
"Website" means www.ari10.com.
Gateway is a tool that allows you to purchase selected Crypto-assets in exchange for money (fiat currency) under the conditions specified in these Terms. To use Gateway, you must consent to these Terms and complete the steps described below. You then enter into an agreement with us for a single Transaction.
To use Gateway, you must provide all information and documents required by law for identification and verification of your identity. All data is provided electronically via our Website.
If you are entering into an agreement as a natural person, you must provide:
If you are entering into an agreement as a sole proprietor, you must additionally provide:
We may also request documents and data required for compliance with anti-money laundering and counter-terrorism financing obligations.
We may request additional data if required by law.
By accepting these Terms, you declare that:
You also acknowledge and confirm that you are aware of our right to refrain from providing Services to a Client at our sole discretion and for any reason. This applies in particular to entities that are citizens, residents, or entities based in or present in countries on international sanctions lists.
The agreement is concluded electronically when:
Our Services are provided under the conditions set out in:
Abovementioned documents constitute an annex to these Terms.
To use Gateway, you need a device (e.g., computer, phone) with internet access and an up-to-date browser. Gateway may not function properly on outdated browsers.
We are not responsible for malfunctions of Gateway resulting from your device or for services you use outside Gateway, even if used for Crypto-asset transfers.
We may temporarily disable all or part of Gateway, e.g., for maintenance. We will try to notify you in advance.
We may block access to some or all features of Gateway if required by law. This applies to individual Clients and selected jurisdictions.
You are obliged to regularly verify and update the systems you use to access Gateway. You acknowledge that failure to do so may affect the proper functioning of Gateway on your device and lead to loss of profits or losses.
Your Exchange Order must include:
We will confirm receipt of your Order, but this does not mean it has been executed.
By placing an Exchange Order, you declare that the funds you intend to use for the Transaction belong to you and you are authorized to use them.
If your Order is unacceptable, we will notify you with reasons.
The list of supported Crypto-assets is on our Website.
The Crypto-asset rate presented in Gateway after we accept your Exchange Order is binding for a specified time. To complete the Transaction on the presented terms, you must provide the necessary data (if not already provided) and make payment within 15 minutes. After 15 minutes, the presented prices are recalculated based on the current rate of the Crypto-asset you wish to purchase.
Due to the high volatility of Crypto-asset prices, the final price at which the Crypto-assets are purchased is determined at the time the funds for the purchase are credited to the account of the payment intermediary we cooperate with. Your Exchange Order will be executed immediately after these funds are credited.
If the Crypto-asset rate presented in Gateway differs significantly from the rate at the time the funds are credited, we may not execute your Exchange Order. We will notify you immediately.
We may also not execute your Exchange Order or execute it for a proportionally smaller amount if you do not deposit the previously declared amount of funds to cover the Transaction.
Crypto-assets purchased on your behalf are transferred within one business day to your wallet address provided before placing the Exchange Order. We will provide you with confirmation of the Transaction containing all necessary information.
We publish the method for determining the price of Crypto-assets on our Website.
We may specify in the Table of Fees and Commissions the maximum and minimum value, volume, or size of Exchange Orders. We do not accept, cancel, or declare invalid Exchange Orders that exceed or would lead to exceeding the values, volumes, or sizes specified in the Table of Fees and Commissions.
We may suspend the acceptance of Exchange Orders if access to a given Crypto-asset is impossible for reasons beyond our control. After the cause of the delay is removed, we will settle concluded Transactions in due time.
You are charged after the Transaction is completed, it cannot be reversed and you cannot withdraw from the agreement concluded with us.
We may require additional documents or information to execute a Transaction, especially if required by third-party partners.
If law requires us to provide your personal or confidential information to a third party, you consent to this.
You are solely responsible for correctly transferring Crypto-assets to the right wallets. Incorrect transfers may be irrecoverable.
Only you are responsible for correctly transferring Crypto-assets to the appropriate wallets, including verifying whether the destination wallet you have indicated contains no errors and whether it belongs to you. An incorrect transfer of Crypto-assets or providing incorrect destination wallet details may result in the Crypto-assets being unrecoverable.
We may, with immediate effect, suspend the provision of Services in relation to a given Crypto-asset, in whole or in part, in cases where the provision has become impossible due to circumstances for which we are not responsible. We will exercise due diligence to inform you of this fact. The suspension of service provision lasts for the duration of the obstacle preventing the provision. If such an obstacle is permanent, our obligation to provide the Services expires in full.
Because of technical reasons, we do not guarantee that our list of purchase offers is always up-to-date.
We are not liable for damages arising from:
Our Website specifies methods for transferring money for Transactions.
You may use third-party services to transfer funds, subject to their terms.
You may not use Gateway for purposes inconsistent with its intended use. You may not make Transactions on behalf of third parties.
If we have reasonable suspicion that your actions are unlawful—particularly if we suspect that the funds or Crypto-assets involved in a Transaction originate from an illegal source—we may block the Transaction or your Wallet. If, in such a case, we have received any funds, we may deposit them in an appropriate account or escrow until a final decision is reached, for which we will charge fees. The unblocking of funds or Crypto-assets may occur once all doubts have been resolved, including after obtaining relevant information from state authorities.
We may also block your Wallet if your data is incomplete or appears incorrect, and request additional documents.
If doubts cannot be resolved, we may refuse the Transaction. If we unblock your Wallet and execute the Transaction, you cannot claim for lost profits.
These rules also apply if a bank or other financial institution requests action.
All declarations related to Services or other business activities may be made electronically unless otherwise required by law.
After each Transaction, we will notify you. You must monitor your Transactions and promptly report any irregularities.
We publish information about transactions concluded by us, including volumes and prices.
Upon agreement, we will provide you with the Terms and attachments, and information documents about the Crypto-assets for which we provide Services.
We may contact you via:
If required by law, we will provide documents and information on a durable medium.
We may charge fees and commissions for our Services. Details are in the Table of Fees and Commissions on our Website. Payment intermediaries may charge additional fees.
If a conflict of interest arises, we will act to eliminate any potential negative impact on you. The conflict of interest policy is available on our Website. Our internal regulations ensure your interests are not violated in such cases.
We may outsource certain Service activities to third parties. In such cases, Service conditions will not worsen for you.
We use third-party services, including payment intermediaries.
We will publish information about such outsourcing at least 30 days in advance.
We are only liable for damages resulting from our breach of:
We are not liable for:
You may complain about our Services electronically via a form on our Website.
Forms and contact details are in the complaints instructions on our Website.
A complaint should include:
If unclear, we may ask for clarification; if not provided within 7 days, we may reject the complaint.
We will confirm receipt of your complaint.
Complaints will be resolved within 14 days of receiving a complete complaint.
You may appeal our decision, and we will respond within 14 days. If we uphold our decision, further appeals are only considered if you provide new information.
If you are a consumer and the agreement was concluded electronically, you may resolve disputes via the European ODR platform (http://ec.europa.eu/consumers/odr/).
You may also take the matter to a court of competent jurisdiction or seek advice from the Financial Ombudsman or consumer organizations.
We own all works, trademarks, and designations provided in the Gateway and on our Website.
All works, goods, and designations are protected by law. You may only use them for private purposes, as permitted by law. For other uses (e.g., commercial), you must obtain our consent.
We collect and store your personal data in accordance with applicable laws, especially data protection and anti-money laundering laws.
We process your data for purposes related to the agreement, including maintaining the relationship, debt recovery, application processing, risk assessment, compliance, product and service development, and analysis.
Detailed data processing rules are in the Privacy Policy.
You may not authorize others to act on your behalf regarding the Agreement.
We are not liable for difficulties, delays, or failures to perform due to Force Majeure.
If we conduct Crypto-asset transactions on our own account, we will publish information, including volume and price, on our Website at least until the end of the next business day.
If we require you to provide certain data/documents and you fail to do so without valid reason, we may refuse Transactions.
If you do not provide the funds within the deadlines specified in the Terms, additional documents governing the terms of our cooperation, or in separate regulations, we will take steps to clarify the situation. In particular, we do this through negotiations, and if this proves ineffective, we will take actions aimed at recovering the outstanding funds.
If the Client is in arrears with providing funds for more than one month, we may terminate the agreement with immediate effect or suspend further performance of the agreement until the Client provides the outstanding funds, or until we receive a guarantee of their provision or other security from the Client or a third party.
We may amend the Terms if:
Changes to the Terms are made on the basis of a notice published on our Website at least 14 days before the effective date.
We may amend other documents governing the terms of our cooperation, in particular the documents referred to in point 3.1. Such changes are made on the basis of a notice published on our Website at least 7 days before their effective date.
We may amend the Table of Fees and Commissions in the event of:
Additionally, we may amend the Terms and the documents referred to in point 3.1 on the basis of a notice published on our Website 1 day before their effective date if such changes:
The agreement and these Terms are governed by Polish law.