1. OVERVIEW
Welcome to the Burvix Exchange website! Please read these Terms of Use carefully, as they govern the relationship between you and us.
These Terms of Use (hereinafter – “Terms”) constitute a public electronic legally binding agreement between you (hereinafter – “you”, “Client”) and Burvix sp. z o.o. (hereinafter – “Company”, “We”, “Our” or “Us”), governing your access to and use of the website available at https://burvix.exchange/ (hereinafter – “Website”) and Telegram bot available at @burvix_bot (hereinafter – “Bot”, “OTC Bot”).
By accessing and using Our Website or Bot, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, as well as any additional terms and policies that are incorporated by reference or otherwise apply to specific parts of Our services that are provided by this Bot, such as Privacy Policy and Anti-Money Laundering and Counter-Terrorist Financing Policy (hereinafter – “AML/CFT Policy”). By using the Bot, you authorize the Company to take any and all actions that We think are necessary or desirable to provide the services and to comply with applicable laws and regulations.
In case of any discrepancy between the english version of these Terms and related documents and any translation into another language, the English version shall prevail.
These Terms shall remain in force until terminated either by you or the Company. If you do not agree with these Terms, or if you are unable or unwilling to comply with any of the provisions herein, you must not access or use the Website and Bot. We reserve the right to modify or update these Terms at any time and for any reason.
2. ADMINISTRATIVE INFORMATION
2.1. Company Info
- Full name: Burvix Spółka z ograniczoną odpowiedzialnością.
- Legal status: Polish limited liability company.
- Registration number: 0001131882.
- Legal address: Żurawia street, No. 43, room. 8a, Warsaw, Poland, postal code 00-680.
- License: VASP authorisation, number RDWW-1563.
- Official Website: https://burvix.exchange/.
- Official link to the Telegram bot: @burvix_bot.
- Our other product: https://burvix.io/.
2.2. Contact Channels
The Company provides separate communication channels depending on the nature of the inquiry:
- legal@burvix.io for:
- whistleblower as described in Our Whistleblower Policy;
- conflict of interest as described in Our Conflict of Interest Disclosure;
- law enforcement authorities as described in Our Law Enforcement Request Policy;
- applicable national and international regulators, and other official legal matters.
- compliance@burvix.io for:
- for AML/CFT matters related to the Company, including communications with the Inspector General of Financial Information (GIFI).
- support@burvix.io for:
- complaints as described in Our Complaint Handling Policy; an online form is also available on the Company’s website for complaints;
- questions related to the operation of the Website, Bot, provision of Services, and for all other matters not covered by Our other contact channels.
- @burvix_bot in the “contact support” section for:
- questions related to the operation of the Bot, and provision of Services.
2.3. License and Services
The Company is currently registered as a virtual asset service provider (hereinafter – “VASP”) under the Polish Act of 1 March 2018 on counteracting money laundering and terrorist financing (hereinafter – “AML Act”) and lawfully provides services permitted under the Polish AML Act.
The Company is authorized to provide the following types of VASP activities as specified in the AML Act:
- exchange between virtual assets and means of payment;
- exchange between virtual assets and virtual assets;
- intermediation in the exchange between virtual assets and means of payment;
- intermediation in the exchange between virtual assets and virtual assets;
- operating accounts that allow a collection of identification data maintained in electronic form, providing the Company with the possibility to use virtual asset units, including performing transactions of their exchange.
Although the Company is authorized to provide all activities available to VASPs in Poland, the Company, through its Bot, currently limits its operations to over-the-counter services (hereinafter – “OTC” or “Services”), strictly within the scope of activities permitted to VASPs under the AML Act.
These OTC Services consist of receiving and transmitting Client orders and facilitating their execution via supported third-party liquidity providers. The Company therefore acts as an intermediary in the exchange transactions. Please note that the Company provides Services only for transactions equal to or more than EUR 10,000. The Company does not act as a direct counterparty to the exchange and does not provide custodial storage, all Clients’ assets remain segregated from the Company’s own assets.
2.4. Plans for Developing
Following the Regulation (EU) 2023/1114 on markets in crypto-assets adopted by the European Parliament on 31 May 2023 (hereinafter – “MiCA”), the Company is seeking to comply with the new legal standards and intends to obtain a license as a crypto-asset service provider (hereinafter – “CASP”) in Poland. Until obtaining the CASP license, the Company provides its Services within the transition period established by Polish regulations under its VASP authorisation.
While the Company does not yet have CASP status, We are already committed to implementing the standards set out in MiCA. After obtaining the CASP license, the Company will continue to provide its OTC Services through CASP activities such as “order reception and transmission” and also “order execution”. Once the Company obtains its CASP license, We will update Our policies and notify Our Clients accordingly.
3. DEFINITIONS
- “Account” shall mean your virtual interface within the Bot that is intended for your use of our Services and accessible via the Telegram bot @burvix_bot.
- “Bot” shall mean the Telegram bot @burvix_bot and any associated client interface.
- “Client” shall mean any person (natural or legal) who accesses or uses the Bot and the Services offered.
- “Fiat currency” shall mean a currency that is issued by a country and is designated as legal tender in that country.
- “Anti-money laundering and counter-terrorist financing” (hereinafter – “AML/CFT”) shall mean the procedures of client due diligence, enhanced due diligence, and ongoing monitoring required under applicable AML/CFT laws and regulations. As part of its AML/CFT procedures, the Company conducts Know Your Client and Know Your Business checks.
- “Liquidity providers” or “Supported exchanges” shall mean the third-party VASP or CASP in the EU that the Company uses to execute Client orders and access liquidity.
- “Order summary” shall mean the transaction quote or invoice generated by the Bot for a requested trade, detailing the transaction amounts, price, fees, and instructions.
- “Services” shall mean, within this Bot, the reception, transmission, and intermediary execution of Client orders for the exchange of “virtual asset – fiat currency”, “fiat currency – virtual asset’, or “virtual asset – virtual asset”. Such orders are executed either through supported third-party liquidity providers or, where applicable, facilitated by the Company between Clients. Please note that the Company provides Services only for transactions equal to or more than EUR 10,000.
- “Telegram” shall mean the cloud-based instant messaging service, which enables users to communicate through messages, channels, and bots. The Bot operates exclusively within Telegram’s infrastructure and relies on its technical environment to deliver the Services. The Company is not affiliated with Telegram, and Telegram is used solely as a communication and operational channel.
- “Reliance” means a lawful arrangement between obliged entities to share/obtain CDD/KYC/KYB under written terms, with each party acting as an independent controller for its own AML purposes.
- “User ID” shall mean the unique identifier automatically assigned by the Bot to each Client upon first use.
- “Virtual asset” shall mean a digital image of values other than:
- a legal tender issued by the National Bank of Poland, foreign central banks, or other public administration bodies;
- an international unit of account established by an international organisation and accepted by individual countries belonging to this organisation or cooperating with it;
- electronic money;
- a financial instrument;
- a promissory note or a cheque
– and which is exchangeable in business transactions to legal tender and accepted as the means of exchange, as well as can be electronically stored or transferred, or can be subject to electronic trade. “Virtual asset” shall mean the same as “crypto-asset” as defined in MiCA.
4. THE WEBSITE USE
4.1. Website Overview
The Company provides its OTC Services exclusively through a dedicated Bot available in the Telegram messenger @burvix_bot. The Website https://burvix.exchange/ is intended solely for informational and marketing purposes and does not provide access to the Services. To use the OTC Services, Clients must interact with the Bot directly.
In addition to the OTC Services, the Company also develops a separate algorithmic trading product that is accessible via a dedicated website at https://burvix.io/.
4.2. Website Content
Our Website serves as a comprehensive hub for information about the Company and Services. It is organized into several key sections that allow you to learn about Our team, explore Our offerings, stay updated with industry news, and get support. Below is an overview of the main pages and features available on the Website.
Main sections of the Website:
- Home page. It provides an introduction to the Company. Visitors can learn about Our background, values, and what sets Us apart in the virtual asset industry.
- Services page. Here you may find a detailed list of all Services offered by Us, including those provided through affiliated companies.
- About Us page. It page contains in-depth information about Our expert team.
- News page. It is regularly updated with articles and insights. Here, We publish the latest news about Services, announcements, and general news about the virtual assets market
- Support center page. This page will help you file a complaint as described in Our Complaint Handling Policy. It features an easy-to-use contact form where you can fill in details and questions or describe your issues. Upon submission, Our support team will review the request and respond as described in the Complaint Handling Policy.
In line with Our dedication to regulatory compliance and transparency, Our Website provides access to a number of important policy documents. Although the Company has not yet obtained the CASP license, We are proactively implementing the standards and requirements that apply to CASP entities. This means We are voluntarily adhering to high transparency and disclosure practices now, ahead of the formal licensing.
The following policies are available on the Website for your reference:
- Complaints Handling Policy. This document explains how you can lodge a complaint about any aspect of Our activities, and describes the steps We take to address and resolve complaints fairly and transparently.
- Conflict of Interest Disclosure. This outlines how We identify, prevent, and manage potential conflicts of interest in Our operations.
- Whistleblower Policy. Information for whistleblowers on how they can report any wrongdoing or concerns about the Company’s activities. This policy ensures that anyone (employees or external parties) who suspects misconduct can find instructions on reporting it confidentially and safely, in line with applicable whistleblower protection laws.
- Law Enforcement Request Policy. Guidance for law enforcement authorities on how to submit requests for information. This policy details how We will handle official inquiries or orders from law enforcement or regulators, the legal process required, and Our commitment to cooperating while respecting Clients privacy and rights.
- Terms of Use. It governs the use of Our Website and Bot.
- Privacy Policy. This document explains how We collect, use, store, and protect personal data.
- AML/CFT Policy. AML/CFT Policy describes the measures We take to prevent illicit financial activities. It includes Our procedures for verifying Clients identities, monitoring transactions, and reporting suspicious activities in compliance with relevant laws.
- Cookie Policy. This Policy provides details on the use of cookies and similar tracking technologies on the Website.
5. THE BOT USE
5.1. Client Eligibility and Requirements
To use the Bot, you must meet the following eligibility requirements:
- you have the capacity to enter into and be bound by these Terms and any other Company policy related thereto;
- in the case of a natural person, you are of the age of full legal capacity, you reside in a country in which Our Services are legally accessible;
- in the case of a natural person, you act on your own behalf; a natural person for accessing Services is not permitted to have a representative; however, individuals may use representatives in other cases not related to the use of Services (complaints handling, data protection requests, legal inquiries);
- in the case of a legal person, it is duly established and operates in a country in which Our Services are legally accessible;
- you must not be a resident of, or located in, any jurisdiction where the use of Our Services is prohibited by law, regulation, or governmental order;
- you are not a resident, citizen, or agent of, or incorporated in, and do not have a registered office in restricted jurisdictions as stated in the AML/CFT Policy;
- you are not the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including the list maintained by OFAC, UN, EU, and Poland);
- you are not involved in any business that violates the laws of the country where the Services are provided;
- you are not involved in activities defined by the Company as prohibited;
- you are not a politically exposed person (hereinafter – “PEP”), a close relative of a PEP, or a person associated with a PEP;
- you agree to comply with all AML/CFT requirements; this includes providing complete and accurate identity information and documentation upon request, and updating any changed information; you must not attempt to use the Services for illicit activities or to disguise the origin of funds.
If you do not meet or no longer meet the eligibility criteria set out above, the Company, in its sole discretion, has the right to refuse to provide you with the Services.
5.2. Prohibited Activities and Jurisdictions
Unlawful business. Services aren’t available for Clients who carry out activities related to the sale and purchase, exchange, or other transactions involving the transfer of ownership, possession, use, or disposal of the following groups of goods or services:
- alcoholic beverages;
- cigarettes and tobacco products;
- narcotic substances and precursors;
- pornographic materials or items, child pornography, escort services, or prostitution services;
- drugs, pharmacological products, medicines;
- stolen, illegally obtained goods;
- items posing a danger to life and health;
- non-existent goods;
- human organs and remains, and organs and remains of animals;
- special technical means of secretly obtaining information;
- any electronic, mechanical, or computer equipment prohibited or restricted in circulation or use;
- objects of history and art that constitute the cultural values of the country in which the Client is located;
- firearms, edged weapons, traumatic weapons, stun guns, as well as ammunition and accessories for them;
- special means of active defense used by law enforcement agencies;
- counterfeit currency and currency values;
- rare and prohibited for sale animals, incl. animals listed in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES);
- any other goods and services prohibited by applicable law.
Clients are also prohibited from selling goods or services without a corresponding permit or license, which requires an appropriate permit and/or a license for at least one of the parties to the transaction.
Abusive activity. Services aren’t available for Clients:
- whose actions impose an unreasonable or disproportionately large load on the Company’s infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; attempt to gain unauthorized access to other Clients’ accounts, computer systems, or networks;
- who use accounting information of another party to access or use the Services;
- who (try to) modify, disassemble, decompile or reverse-engineer the Services;
- who provide any false, inaccurate, or misleading information to Us;
- who transmits spam, chain letters, or other unsolicited emails;
- who attempt to interfere with, compromise the Company’s system integrity or security, or decipher any transmissions to or from the servers running the Bot;
- who impersonate another person or otherwise misrepresent the Client’s affiliation with a person or entity, conduct fraud, hide or attempt to hide their identity;
- who bypass the measures We may use to prevent or restrict access to the Services, including, without limitation, removing, circumventing, disabling or otherwise interfering with security-related features or features that prevent or restrict the use or copying of any content or enforcing limitations on the use of the Services or the content therein;
Intellectual property infringement. Services aren’t available for Clients who:
- engage in transactions that violate, infringe, or misappropriate any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party), right of publicity or privacy, or commit a tort;
- use of the Company’s intellectual property, name, or logo, including use of the Company’s trade or service marks, without express consent from the Company or in a manner that otherwise harms the Company or its brand;
- create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity, or fraudulently or otherwise misrepresent that the Client has an affiliation with a person, entity, or group.
We reserve the right, without any prior notice or explanation, to refuse any Client to provide Our Services or to terminate an existing business relationship with you if:
- We have a reasonable doubt that the activity being carried out is in violation of any of the prohibitions specified in these Terms;
- We have a reasonable suspicion of sanction evasion risk;
- the Client’s actions contradict public order or norms of moral standards.
Prohibited jurisdictions. The following jurisdictions and territories are expressly restricted from using the Bot: Abkhazia, Afghanistan, Azerbaijan, Bangladesh, Belarus, Bolivia, Burundi, Cambodia, Central African Republic, China, Crimea (region of Ukraine), Cuba, Democratic Republic of the Congo, Eritrea, Equatorial Guinea, Federal Republic of Ambazonia, Gabon, Guatemala, Guinea, Guinea-Bissau, Haiti, Honduras, Iran, Iraq, Kosovo, Kyrgyzstan, Lebanon, Libya, Madagascar, Mali, Myanmar (Burma), Non-government controlled areas of region of Donetsk (region of Ukraine), Non-government controlled areas of region of Kherson (region of Ukraine), Non-government controlled areas of region of Luhansk (region of Ukraine), Non-government controlled areas of region of Zaporizhzhia (region of Ukraine), Nicaragua, Niger, North Korea (DPRK), Pakistan, Palestine, Paraguay, Republic of Artsakh, Russia, Somalia, South Ossetia, South Sudan, Sudan, Syria, Tajikistan, Transnistria, Tunisia, Turkmenistan, Venezuela, Yemen, Zimbabwe and other countries where providing these services is prohibited by law.
Additionally, We do not accept Clients from jurisdictions requiring special service licenses (including Australia, Canada, Japan, New Zealand, and the United States) unless We hold the necessary licenses/authorizations.
5.3. Client Representations and Warranties
To access and use certain features of the Services, you have to register for an account. By creating an account, you represent, warrant, and agree to the following:
- you will maintain the security of your account, and you accept all risks and responsibilities for any unauthorized access to your account and any resulting loss or damage;
- you will not create more than one account or create an account for anyone other than yourself;
- you will not use your account or the Services to engage in any illegal, fraudulent, or other prohibited activities or to violate any applicable law, regulation, or guideline;
- you will not use your account or the Services to engage in any activity that could damage, disable, overburden, or impair the Services or interfere with any other party’s use of the Services;
- you will not use any automated means, including but not limited to, bots or scrapers, to access or use the Services;
- you will provide accurate, current, and complete information during the registration and AML/CFT process and notify Us immediately, no later than within seven (7) calendar days, of any changes to any information you have provided to Us in connection with AML/CFT procedure (including names of authorized persons, your name/title, code, place of residence/registered office address, place and nature of business, email address, shareholders’ structure, restructuring, bankruptcy or liquidation proceedings, etc.); at Our request, you must also submit any documents supporting such changes in information or circumstances, irrespective of whether such information or documents have been provided to public registers;
- you are solely responsible for all activities that occur under your account, whether or not you authorize them;
- you ensure that your use of the Services does and at all times will comply with all applicable anti-money laundering/anti-terrorist funding compliance laws and regulations, including, without limitation, all OFAC-administered sanctions programs and any other sanctions programs that may apply to you based on the jurisdiction(s) in which you are located;
- you confirm that any virtual asset or fiat involved by you in transactions is owned by you and is derived from legitimate sources.
5.4. Client Journey
This section outlines the step-by-step process of using the Bot, from starting a session to completing a transaction. It describes what the Client can do inside the Bot and the sequence of actions and requirements.
5.4.1. Starting the Bot and Accepting Documents
To use the Bot, the Client must have a valid Telegram account. The Client can initiate the Bot by searching for the Bot’s username @burvix_bot in Telegram and clicking the “Start” button. Alternatively, the Client may launch the Bot from the Company’s Website (e.g., by clicking a “Launch Bot” button). This action will open a deep link to @burvix_bot and redirect the Client to the Telegram app or to web Telegram if the app is not installed.
Upon starting the Bot, the Client is greeted with a welcome message, “Welcome to Burvix Exchange OTC Bot”. At this time, the Bot automatically assigns a unique User ID to the Client’s account for internal reference
Before accessing the Services, the Client must review and accept the Terms, Privacy Policy, and AML/CFT Policy. Until the Client accepts these documents, access to core Bot functions is restricted. In particular, no transactions or AML/CFT verification can be initiated without agreement to the Terms and policies. The Client may, however, still navigate certain informational menu options prior to acceptance. If the Client chooses not to accept the documents, they will not be able to use the Bot’s Services, and the session can be terminated.
5.4.2. Menu and Persistent Buttons
The Bot interface provides a menu with persistent command buttons to help the Client navigate and use Services. Some options are only fully functional after the Client has accepted the documents and completed the AML/CFT procedure. The key menu items and buttons include:
- “Start creation of exchange request process” or “Create request”. This command (accessible either via a persistent bottom button labeled “Create Request” or a menu option labeled “Start creation of exchange request process”) allows the Client to begin creating a new OTC order. The Client must have accepted the required documents and have a verified status (completed AML/CFT) for this to function. If the Client attempts to start an order request without meeting these prerequisites, the Bot will notify them that they must first agree to the documents and complete verification. When functional, selecting this option will initiate the order creation workflow.
- “Display history of user requests” or “All requests”. This is available via a persistent button “All requests” or a menu option “Display history of user requests”. It displays a history of the Client’s exchange requests (orders). The history includes all past requests, including completed orders and those that were canceled or not executed. If the Client has no history yet, the Bot will indicate that no requests are available.
- “Cancel request”. This persistent button allows the Client to cancel an ongoing order request process. If the Client has started creating an order and decides not to proceed, clicking “Cancel request” will prompt a confirmation. Upon confirmation, the pending request will be terminated. The Client cannot initiate a new order request while one is already in progress, the Client must either complete the current order or cancel it before starting another.
- “Display user settings”. This menu option opens the Client’s settings and profile information within the Bot. The settings display various details associated with the Client’s account, including:
- User ID: the unique identifier assigned to the Client by the Bot.
- Documents acceptance status: a flag indicating whether the Client has agreed to these Terms, Privacy Policy, and AML/CFT Policy.
- Client name: the full name of the Client. For individual Clients, this will be the person’s name as provided during the AML/CFT procedure. For corporate Clients, this will be the registered name of the company.
- Account type: whether the Client is using the Service as a natural person or on behalf of a legal entity. This is determined by the Client’s selection when starting verification.
- AML/CFT verification status: indicates whether the Client’s identity verification is approved or pending/not completed.
- Interface language: the current language selected for the Bot’s interface. The Client may have the option to change this.
- “Documents and guides”: This menu option provides access to important documents and informational resources. Selecting it will display or link to the Company’s official documents and guides, such as the full Terms of Use, Privacy Policy, AML/CFT Policy, Frequently Asked Questions (FAQ), and the Company’s Website. These resources are provided so the Client can easily reference all relevant rules and information at any time.
- “Language selection”. The Bot may support multiple interface languages. The Client can select their preferred language from the available options. Changing the language will adjust the Bot’s interface text to the selected language for that Client.
- “Contact support”. This option, when selected, displays information on how the Client can reach the Company’s support team. The Client can use this to get help with any issues or questions regarding the Bot or Services. If no direct support link is shown in the Bot, the Client should refer to the official Website or documentation for support contact details.
All menu and button functions are designed to be persistent and user-friendly. The bottom quick-access buttons (“Create request”, “All requests”, “Cancel request”) are always visible for convenience, while the extended menu provides additional settings and information.
5.4.3. AML/CFT in the Bot
As a VASP, the Company adheres to strict compliance requirements. Every Client must undergo a verification process before gaining full access to the Bot’s services. Know Your Client (hereinafter – “KYC”) applies to individual Clients, and Know Your Business (hereinafter – “KYB”) applies to Clients that are legal entities.
After accepting the Terms and policies, the Client will be prompted to specify their account type by choosing either “I am an Individual” or “I represent a Company” within the Bot. This selection determines whether the Client will follow the KYC or the KYB. The Bot will record the choice and update the Client’s account status accordingly (e.g., an indicator in the settings will reflect Individual vs. Corporate status).
Once the account type is selected, the Bot will provide the Client with a button or command to generate a KYC/KYB link. Upon request, the Bot generates a unique URL that directs the Client to a secure third-party verification provider’s platform. This link is time-limited for security reasons (30 minutes from the time of generation). The Client should click the link and complete the verification form before it expires. If the link expires or the verification process is interrupted/unsuccessful, the Client can return to the Bot and generate a new link to try again. The Bot will display a notice of how long the link remains valid (in UTC time) when providing the link.
The actual identity verification is conducted on the third-party provider’s platform. The Client will be required to provide truthful and accurate information and upload necessary documentation. The requirements differ for individuals versus legal entities:
For natural persons, We may request:
- full legal name, nationality, date of birth, and residential address;
- valid government-issued identification document (passport, national ID card, or driver’s license);
- proof of residence (e.g., utility bill, bank statement, or official correspondence not older than 3 months);
- confirmation of the source of funds and source of wealth for the amount of the expected transactions;
- completion of verification checks (e.g., liveness, email, and phone verification);
- questionnaire with the following information:
- purpose of establishing business relations;
- expected number of transactions;
- expected turnover.
For legal persons, We may request:
- legal name, registration number, and registered office address;
- Certificate of Incorporation, Articles of Association, or equivalent legal documentation, which would confirm the existence of a legal entity, and disclose members of the board and shareholders;
- confirmation of the source of funds and source of wealth for the amount of the expected transactions;
- disclosure of ownership structure;
- questionnaire with the following information:
- purpose of establishing business relations;
- expected number of transactions;
- expected turnover;
- indication of your business partners;
- indication of jurisdictions with which you cooperate.
- proof of legal representation (e.g., corporate resolution, power of attorney);
- identification and verification of representatives acting on behalf of the entity, including submission of a valid identification document, proof of address documents, and a liveness check;
- identification and verification of the chief executive officer, including submission of a valid identification document, proof of address documents, and a liveness check;
- identification and verification of all shareholders holding 25% or more ownership or control, including submission of a valid identification document, proof of address documents, and a liveness check.
After the Client submits the required KYC/KYB information, there will be a review period. Upon completion of the review, the Bot will inform the Client of the result. If verification is approved, the Bot will send a confirmation message and update the Client’s KYC/KYB status in the settings to reflect that the Client is now verified. The Client is then granted full access to the Bot’s Services.
In the event the verification is not approved or requires additional steps, the Client may receive a notification or request for more information. The Client might be asked to resubmit documents or provide clarification if something was missing or not satisfactory. If there are any technical issues or questions during verification, the Client may contact support for assistance using the contact support option in the Bot or via other provided support channels.
As part of its AML/CFT Policy and procedures, the Company also conducts transaction screening and blockchain analytics to detect illicit-origin funds, known as transaction monitoring. To this end, for each provision of Services, the Company accepts Clients’ virtual assets to transit addresses, which are intended for transaction monitoring based on pre-prepared monitoring alerts. After checking, Clients’ virtual assets are automatically sent to supported exchanges. The Company uses a third-party provider for transaction monitoring.
With the introduction of the “Travel Rule”, the Company is also required to collect information about the originator (sender) and beneficiary (recipient) of virtual asset transactions. We need to understand who owns a particular virtual asset wallet/account and may request information to comply with these requirements.
For onboarding and service activation with venue/liquidity partners, We may, where permitted by law, rely on other obliged entities’ CDD/KYC/KYB and exchange CDD information under a reliance framework (controller-to-controller). Such exchanges occur under written terms, over authenticated and encrypted channels, and each party remains an independent controller for its own AML purposes. See Our Privacy Policy and AML/CFT Policy for details.
5.4.4. Order Flow Scenarios
5.4.4.1. General Rules
Once a Client has accepted the documents and passed KYC/KYB verification, they may initiate OTC exchange orders through the Bot. The following general rules govern the order execution process within the Bot:
- The Company imposes a minimum entry threshold for its Services, which is an amount equal to or more than EUR 10,000. However, if you intend to conduct a transaction equal to or more than EUR 1,000,000, please notify Our support team before conducting a transaction for the specified amount.
- The Company does not engage in prolonged custodial holding of Client funds. The Company does not mix Client assets with its own assets. Any transfer of assets from the Client to the Company is solely for the purpose of executing the Client’s order. For order execution, the Company only uses reputable, regulated third-party liquidity providers. These supported exchanges are compliant with EU regulations and licensing.
- If a Client requires a different currency pair or type of operation that is not currently listed, they may contact support with their request. The Company will consider such requests on a case-by-case basis and, if feasible and compliant, may provide a tailored solution. The list of supported assets and directions may be updated from time to time, and the Client should refer to the Bot’s interface or official communications for the latest available options.
- All order executions through the Bot may be handled either as market orders (an order to buy or sell immediately at the best available market price) or as limit orders (an order to buy or sell at a specified price or better). The Company will use best efforts to secure a competitive rate and to achieve the best execution for the Client, regardless of order type. When the Client creates an exchange request, the Bot will provide an indicative exchange rate and an estimated outcome for the transaction. This rate is not locked or guaranteed until execution. In case of the market order, the actual execution price may vary slightly due to market fluctuations by the time the order is executed. The Company will use its best efforts to secure a competitive rate and achieve the best execution for the Client. The Company may expand the range of order types and execution options over time, and such updates will be reflected in these Terms.
- The Client may only have one exchange request active at any given time. The Bot will prevent the creation of a new order if the Client already has a pending order that has not been completed or canceled. The pending order must either be fully executed or explicitly canceled before a new exchange request can be initiated.
- After the Client’s funds (whether virtual asset or fiat) are received by the Company and confirmed (including passing any compliance checks), the Company will proceed to execute the exchange on the supported exchange platform. The Company effectively places a corresponding trade on the external exchange, using either the Client’s virtual asset or fiat to obtain the counter-value. This order execution is typically completed as soon as practicable, usually within the same business day and in any event not later than 72 hours after the Client’s deposit is confirmed.
- The Company reserves the right to refuse, cancel, or terminate any exchange request at any time if there are grounds for suspicion or if the Client’s actions violate these Terms or any laws/regulations. In cases where an order is refused or cannot be completed due to compliance reasons, the Company will, if lawful and feasible, return the unexecuted funds to the original source (e.g., returning virtual asset to the wallet it came from or sending back a bank transfer to the originating account). The Company may also report the incident to the appropriate authorities if the circumstances require.
- When executing an order for virtual-asset-to-fiat, virtual-asset-to-virtual-asset, and fiat-to-virtual asset the Client must take into account the following:
- The provided IBAN (International Bank Account Number) must match the Client’s verified identity. The Company will not send fiat to third-party accounts or unverified beneficiaries.
- The Client must send the virtual asset from a wallet they control. Sending from a third-party’s wallet or an exchange in someone else’s name is against the Terms and will likely cause the order to be flagged or rejected.
- The Client should only use the specified blockchain network for the virtual asset transfer. Sending funds via a different blockchain could result in loss of funds, as the provided address may not support it. The Company is not liable for funds sent to the wrong network.
- The bank payment must come from an account owned by the Client (no third-party payments). The Company will strictly enforce this to comply with regulations.
- The Client is responsible for ensuring their wallet can accept the virtual assets.
5.4.4.2. Virtual Asset-to-Fiat Flow
In a virtual-asset-to-fiat order, the Client will be sending a virtual asset and receiving fiat money in return. The typical process for a virtual-asset-to-fiat flow is as follows:
- The Client selects the option to create a new exchange request via “Start creation of exchange request process” or “Create request”, and chooses the virtual-asset-to-fiat direction. Please pay attention to the blockchain network in which you have selected a virtual asset.
- The Bot will ask the Client to specify the amount of the transaction. The Client must enter an amount that is within the allowed range.
- After the Client enters a valid amount, the Bot will request the destination bank account details for the fiat payout. Typically, the Client will need to provide an IBAN or equivalent account number for the bank account where they want to receive the fiat. It is imperative that this bank account belongs to the Client (the same person or entity that completed the KYC/KYB). The Bot might also warn to ensure the IBAN corresponds to the currency to avoid issues with the transfer.
- Once the amount and destination are provided, the Bot will compile an order summary and display it to the Client for confirmation. The summary will typically include:
- Pair: the assets being exchanged (e.g., USDC (ERC20) → EUR Bank Transfer).
- Amount: the amount of fiat the Client intends to receive.
- Destination: the bank account provided (e.g., the IBAN ending in specific digits for clarity).
- Current exchange rate: the rate at which the virtual asset would be converted to fiat at that moment.
- Commission: any fee or commission the Company will charge for the transaction, if applicable.
- Estimated amount: the estimated amount of fiat the Client will receive after any fees, based on the current rate.
- Valid until: a timestamp indicating how long the quoted terms will remain valid.
- Along with displaying the summary, the Bot presents the Client with two options: “Confirm to proceed” or “Cancel”, if the Client wants to abort the request. The Client should carefully review all details in the summary. If anything is incorrect or if the Client decides not to proceed, they can cancel at this stage without any obligation. If the Client is satisfied with the summary and wishes to proceed, the Client clicks the “Confirm” button.
- After confirmation, the Bot will send the Client the instructions for delivering the virtual asset to the Company for the order execution. This will include a deposit address for the specific virtual asset and network the Client is exchanging. This address is unique to the Client’s transaction. The Client will also need to specify the owner of the virtual asset address from which the transaction will be made in accordance with the Travel Rule regulations. It is the Client’s responsibility to send the correct virtual asset to the correct address. The Client executes the transfer on their side. The amount of virtual assets sent must match the amount specified in the order.
- When the Client’s virtual asset deposit arrives at the provided address, the Bot will typically notify the Client that the funds have been received. At this stage, the Company will perform necessary checks on the virtual asset. This includes automatically scanning the transaction and the origin of the funds using blockchain analysis tools to ensure the virtual asset is “clean” as per the AML/CFT Policy.
- Once the virtual asset deposit is confirmed and cleared for use, the Company will proceed to convert the virtual asset to fiat.
- After the exchange of virtual assets for fiat, the Company will withdraw the fiat from the supported exchange to the Company’s corporate bank or payment institution account. From there, the Company will send a bank transfer for the fiat amount to the Client’s provided IBAN. The Bot will notify the Client that the order has been executed and the fiat is being sent.
- The Client should receive the fiat in their bank account. Transfer times can vary depending on the banks or intermediaries involved. The Company is not responsible for delays once the funds have been handed off to the banking system. If there is any issue (for example, if the funds do not arrive after a reasonable time), the Client should contact support for investigation.
5.4.4.3. Fiat-to-Virtual Asset Flow
In a fiat-to-virtual-asset flow, the Client will be sending fiat currency to the Company and receiving a virtual asset in return. The process for a fiat-to-virtual-asset flow is generally similar to the above, with appropriate differences as follows:
- The Client selects the option to create a new exchange request and chooses the fiat-to-virtual-asse direction. Please pay attention to the blockchain network in which you have selected a virtual asset.
- The Bot will ask the Client to specify the amount of the transaction. The Client must enter an amount that is within the allowed range.
- After the Client enters a valid amount, the Bot requests the destination wallet address where the Client wants to receive the virtual asset after the exchange. The Client must provide a valid address for the specific virtual asset and network that is supported. The Client will also need to specify the owner of the virtual asset address to which the transaction will be made in accordance with the Travel Rule regulations.
- The Bot will display an order summary for the fiat-to-virtual-asset transaction:
- Pair: e.g., EUR → USDC (ERC20).
- Amount: estimated virtual asset amount the Client will receive.
- Destination: the virtual asset wallet address provided.
- Current exchange rate: the current rate or price used to calculate the virtual asset output.
- Commission: any applicable fees the Company charges.
- Estimated amount: the estimated amount of virtual assets the Client will receive.
- Valid until: the time until which the quote is valid.
- Along with displaying the summary, the Bot presents the Client with two options: “Confirm to proceed” or “Cancel”, if the Client wants to abort the request. The Client should carefully review all details in the summary. If anything is incorrect or if the Client decides not to proceed, they can cancel at this stage without any obligation. If the Client is satisfied with the summary and wishes to proceed, the Client clicks the “Confirm” button.
- The Bot will now present the Client with instructions on how to send the fiat money to the Company. The Client initiates the bank transfer of the specified amount to the Company’s account as given.
- The Company will monitor its bank account for incoming payments. Once the Client’s transfer arrives, the Bot will update the order status. If there is a significant delay or if the deadline passes without the funds arriving, the order may expire. However, if the funds come in slightly late, the Company might either honor the order at a new rate (with Client’s approval) or return the funds.
- Upon confirming the fiat deposit, the Company will move to obtain the virtual asset for the Client. The Company uses the received fiat to buy the specified virtual asset on a supported exchange at prevailing market rates.
- After obtaining the virtual asset, the Company will transfer the purchased virtual asset to the Client’s provided wallet address. The Client will receive the virtual asset in their wallet once the blockchain transaction is processed. The Bot will notify the Client that the virtual asset has been sent.
5.4.4.4. Virtual Asset-to-Virtual Asset Flow
In a virtual-asset-to-virtual-asset flow, the Client will be sending a virtual asset and receiving a virtual asset in return. The process for a virtual-asset-to-virtual-asset flow is generally similar to the above:
- The Client selects the option to create a new exchange request and chooses the virtual-asset-to-virtual-asset direction. Please pay attention to the blockchain network in which you have selected a virtual asset.
- The Bot will ask the Client to specify the amount of the transaction. The Client must enter an amount that is within the allowed range.
- After the Client enters a valid amount, the Bot will request the wallet destination details. where the Client wants to receive the virtual asset after the exchange. The Client must provide a valid address for the specific virtual asset and network that is supported. The Client will also need to specify the owner of the virtual asset address to which the transaction will be made in accordance with the Travel Rule regulations.
- Once the amount and destination are provided, the Bot will compile an order summary and display it to the Client for confirmation. The summary will typically include:
- Pair: the assets being exchanged (e.g., USDC (ERC20) → ETH (ERC20).
- Amount: estimated virtual asset amount the Client will receive.
- Destination: the virtual asset wallet address provided.
- Current exchange rate: the current rate or price used to calculate the virtual asset output.
- Commission: any applicable fees the Company charges.
- Estimated amount: the estimated amount of virtual assets the Client will receive.
- Valid until: the time until which the quote is valid.
- Along with displaying the summary, the Bot presents the Client with two options: “Confirm to proceed” or “Cancel”, if the Client wants to abort the request. The Client should carefully review all details in the summary. If anything is incorrect or if the Client decides not to proceed, they can cancel at this stage without any obligation. If the Client is satisfied with the summary and wishes to proceed, the Client clicks the “Confirm” button.
- After confirmation, the Bot will send the Client the instructions for delivering the virtual asset to the Company for the order execution. This will include a deposit address for the specific virtual asset and network the Client is exchanging. This address is unique to the Client’s transaction. The Client will also need to specify the owner of the virtual asset address from which the transaction will be made in accordance with the Travel Rule regulations. It is the Client’s responsibility to send the correct virtual asset to the correct address. The Client executes the transfer on their side. The amount of virtual assets sent must match the amount specified in the order.
- When the Client’s virtual asset deposit arrives at the provided address, the Bot will typically notify the Client that the funds have been received. At this stage, the Company will perform necessary checks on the virtual asset. This includes automatically scanning the transaction and the origin of the funds using blockchain analysis tools to ensure the virtual asset is “clean” as per the AML/CFT Policy.
- Once the virtual asset deposit is confirmed and cleared for use, the Company will proceed to convert the virtual asset to another virtual asset.
- After the exchange, the Company will transfer the virtual asset to the Client’s provided wallet address. The Client will receive the virtual asset in their wallet once the blockchain transaction is processed. The Bot will notify the Client that the virtual asset has been sent.
5.5. Third Parties Involved in the Provision of Services
The Company uses the following third parties to provide its Services:
- For receiving, transferring, and executing orders for virtual assets (supported exchanges/third-party liquidity providers):
- Bitstamp – https://www.bitstamp.net/.
- WhiteBIT – https://whitebit.com/pl.
- Binance – https://www.binance.com/pl.
- For receiving and transferring fiat:
- Zen UAB – https://www.zen.com/.
The Company establishes correspondent relationships only with reputable, licensed, well-regulated European companies. The Company conducts a due diligence check on each third party before establishing such relationships. Please note that the list of third parties may change over time.
5.6. Adjustment and Refund Scenarios
In certain cases, the funds received from the Client (whether in fiat currency or virtual assets) may not correspond to the amount indicated in the submitted order. The minimum order amount is EUR 10,000 (or the equivalent in other currencies or virtual assets). The following rules apply depending on the scenario:
Overpayment. If the Company receives a higher amount than indicated in the original order, the Bot will automatically process the execution for the total amount received. The Client is fully responsible for sending the correct amount as specified in the order.
Underpayment within the order limits (≥ EUR 10,000). If the Client sends less than the amount specified in the original order but still above the minimum limit of EUR 10,000, the Bot will notify the Client of the received amount. The Client may choose to: 1) send the remaining difference after which the order will be executed for the full intended amount, or 2) wait for 24 hours, after which the Bot will automatically execute the order for the amount actually received.
Underpayment below the minimum limit (< EUR 10,000). If the amount received from the Client is below the minimum limit of EUR 10,000, the Bot will not execute the transaction. The Client will be notified and given the opportunity to transfer the remaining difference to meet the minimum limit.
Refund requests. In all scenarios If the Client wishes to cancel the order and request a refund, such a request must be submitted through the support team prior to execution. If the transaction has already been executed, the original amount of funds will not be refunded unless explicitly approved by the Company. Refunds will be processed to the original source of funds within 72 hours, subject to compliance and technical checks.
5.7. Taxes
The Company is not responsible for any taxes, duties, or other fees that may arise from the Client’s transactions. Clients are solely responsible for determining their tax obligations and reporting their transactions to the appropriate tax authorities in accordance with applicable laws and regulations.
5.8. Fees
The Company charges a commission on each transaction. The Company’s commission represents a percentage of the transaction amount, ranging from 0.6% to 1%, but not less than EUR 200. This means that:
- if the percentage commission (0.6% or 1% depending on the specific terms) exceeds EUR 200, the percentage value is applied;
- if the calculated percentage commission is less than EUR 200, the minimum commission of EUR 200 is applied.
The specific commission percentage, ranging from 0.6% to 1%, will be determined by the Bot based on your completed KYC/KYB procedure and will depend on your jurisdiction and overall risk profile. For all transactions equal to or above EUR 1,000,000, the Company will consider applying fees on a case-by-case basis.
For all transactions, the exchange rate used for conversion is rounded to two decimal places. The rounding is applied uniformly in favor of the nearest hundredth, in accordance with standard financial rounding practices. This ensures a consistent and transparent pricing mechanism.
The exact fee for your order will be shown in the order summary before you confirm the transaction. By confirming an order, you agree to the fee schedule specified for that order.
The Company may change the fee structure at any time, including adding new fees for new Services. We will notify you of any changes to the fee structure, which may be done by posting a notification on the website, the Bot, or sending you an email. If you do not agree with the proposed changes, you should terminate your use of the Services.
5.9. Account Closing and Suspension
The Client may close their account at any time by contacting our client support. Upon closure of the account, the Client authorizes the Company to cancel or suspend any pending transactions at the time of cancellation, and any balance in the account will be delivered to the Client or to their virtual assets address as instructed, less any outstanding amounts owed to Us, the unsubsidized coin/miner network transaction fee, and any other third-party charges.
The Client shall not use closure of the account as a means of evading investigation or inquiries by the Company. If any queries or investigations is pending at the time the Client requests closure of their account, We may refuse the Client’s request to close the account and hold their virtual assets and funds as appropriate to protect the Company against financial and legal liability. If the Client is later determined to be entitled to some or all of the virtual assets and funds in dispute, We will pay such virtual assets and funds to the Client. The Client will remain responsible and liable for all obligations related to the account, even after such an account is closed.
If the Client does not access the account for a period of 12 (twelve) months, and We have been unable to contact the Client after a reasonable number of attempts at the last contact address that We have for the Client in its records, the account may be terminated at Our sole discretion.
We reserve the right to suspend your account in the event:
- We reasonably believe your account has been compromised, as well as for any other security reasons.
- We reasonably believe your account is being used by a person with no right and/or authorization to do so.
- The Client fails to comply with these Terms as well as with any other document that construes a part of these Terms.
- The Client has provided Us with any false, incomplete, misleading, or inaccurate information.
- The Client, their account, and their behavior poses reputational risks to the Company.
- We reasonably suspect the Client of fraud, violating the applicable law.
- other reasons that constitute a violation of these Terms and the applicable law.
We may, but are not obliged to, notify the Client about the reasons for their account suspension. Assets from the account will be withdrawn to wallets, information about which the Client shall provide to the Client support.
In the event of account closing or suspension, the Client will still be liable for all applicable fees. The Company is not liable for any losses suffered due to the Client’s account closure or suspension.
5.10. Limitation of Liability. Disclaimer of Warranties
Risks associated with order execution. Transaction in virtual assets involves significant risks, which you acknowledge and accept when using the Services. Virtual asset markets are highly volatile and prices may change rapidly. As a result, the final execution price of your order may differ from the indicative quotation provided. While the Company seeks to obtain the best available rate through its supported liquidity providers, We cannot guarantee price stability, liquidity, or execution time, and you may experience price slippage, partial fills, or delays.
The Company does not provide custody or wallet services and does not guarantee safekeeping of funds. Any virtual assets or fiat handled by the Company are used solely for the purpose of trade execution and are not held on deposit. You are solely responsible for ensuring the accuracy of wallet addresses and bank account details that you provide. If funds are transferred to an incorrect or invalid destination, such transactions cannot be reversed, and the Company will not be liable for resulting losses. Similarly, delays or failures within the banking system, including transfer holds or additional fees, remain outside Our control and are your responsibility.
The Company makes no assurance that its Services comply with the rules of your jurisdiction, and it is your duty to observe all applicable laws, including tax reporting and foreign exchange controls. Any consequences arising from your failure to comply with such obligations rest solely with you.
Blockchain networks, third-party supported exchanges, and related systems may suffer disruptions, errors, or attacks. Although the Company applies industry-standard security measures, We cannot guarantee protection against all cyber incidents or operational failures. Losses arising from exchange outages, software bugs, network congestion, or other events beyond Our control are not the responsibility of the Company.
Other risks. For non-performance or improper performance of their obligations under these Terms, the Company and you shall be liable in accordance with these Terms and the applicable law, unless otherwise provided hereby.
The Services are provided without any guarantees, conditions, or warranties as to its accuracy, quality, and fit for a particular purpose or need. The Company does not guarantee that the Services are error-free, reliable, or will operate without interruption. The Services are provided to you on an “AS-IS” basis.
Client understands and agrees that the Company has no control over, and no duty to take any action regarding:
- failures, disruptions, errors, or delays in processing virtual assets that you may experience while using the Services;
- the risk of failure of hardware, software, and Internet connections;
- the risk of malicious software being introduced or found in the software underlying the Company;
- the risk that third parties may obtain unauthorized access to information stored within your wallet, including, but not limited to your wallet address, private key, and mnemonic (backup) phrase; and
- the risk of unknown vulnerabilities in or unanticipated changes to the networks.
You release the Company from all liability related to any losses, damages, or claims arising from:
- your error, such as forgotten passwords from the Telegram account, incorrectly constructed transactions, or mistyped virtual assets addresses;
- server failure or data loss;
- bugs or other errors in the Company’s software; and
- any unauthorized third-party activities, including, but not limited to, the use of viruses, phishing, brute-forcing, or other means of attack against the Company.
In no event shall the Company its officers, directors, employees, agents, third-party service providers be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from:
- the accuracy, completeness, or content of the Bot;
- the accuracy, completeness, or content of any websites linked (through hyperlinks, banner advertising or otherwise) to the Bot;
- the Services found at the Bot;
- personal injury or property damage of any nature whatsoever;
- third-party conduct of any nature whatsoever;
- any unauthorized access to or use of the Company’s servers and/or any and all content, personal information, blockchain information or other information and data stored therein;
- any interruption or cessation of Services to or from the Bot;
- any loss or damage of any kind incurred as a result of your use of the Bot or the Services found at the Bot, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not the Company is advised of the possibility of such damages;
- losing access and/or unauthorized access to your account;
- any errors or malfunctions caused by or otherwise related to any wallets used to deposit and withdraw virtual assets;
- malfunctions, breakdowns and abandonment of blockchain protocols;
- changes in regulatory approaches or legal actions taken regarding the blockchain technology and virtual assets;
- taxation and/or changes in tax system regarding virtual assets;
- advancements in cryptography, any technical advancements that may present risks to blockchain protocols;
- unfavorable fluctuations of virtual assets;
- errors in the provision of Services;
- other risks associated with purchasing, holding, and virtual assets, and using the Services.
The Company shall not be liable for any events that may include but are not limited to civil, criminal, and administrative actions that may arise from you using blockchain and virtual assets if such use is forbidden or otherwise limited in your country.
The Company, its officers, directors, employees, and agents do not provide investment advice, financial advice, trading advice, legal advice or any other sort of advice.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:
- Client error, such as forgotten passwords, incorrectly constructed transactions, or mistyped virtual assets addresses;
- server failure or data loss;
- bugs or other errors in the Bot; and
- any unauthorized third-party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other means of attack against the Telegram and the Bot itself.
5.11. Force Majeure
The Company shall not be held liable for any delays, failure in performance, or interruptions of Service which result directly or indirectly from any cause or condition beyond the Company’s reasonable control, including but not limited to: any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond Our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
6. CONTENT. INTELLECTUAL PROPERTY. LICENSE
The Company may produce and display content on the Website and Bot, which includes but is not limited to information, texts, images, video, and audio files.
The content does not constitute any form of investment advice, financial advice, trading advice, or any other sort of advice unless specifically mentioned otherwise and should not be construed as such. The Company shall not hold liability for any actions that arise from its content.
All content of the Website and Bot as a whole belongs to the Company and is protected with, including, but not limited to, copyright, trademarks, and trade secrets. All rights reserved.
You must not reproduce, reprint, publish, modify, distribute, display, transmit, license, transfer, or otherwise exploit content or technology from the Website or Bot without the Company’s prior written consent.
Violation of any of the intellectual property rights of the Company is strictly prohibited.
If you post, upload, input, provide or submit your personal data to the Company, including without limitation, names, email addresses, IP addresses, virtual asset addresses, texts, code or other information and materials, sign up to the Company’s mailing list, you must ensure that the content provided by you (user contant) at that or at any other time is true, accurate, up to date and complete and that your content posted, uploaded, input, provided or submitted to the Company does not breach or infringe the intellectual property rights of any third party. The Company does not own, control or endorse any user content that is sent to the Company. You represent and warrant that:
- you own all intellectual property rights (or have obtained all necessary permissions) to provide the content and to grant the licenses in these Terms;
- your content will not violate any agreements or confidentiality obligations; and
- your content will not violate, infringe, or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
You are responsible for maintaining the confidentiality of the user content and any of its non-public information.
By posting, uploading, inputting, providing or submitting the user content to the COmpany, you grant Us and any necessary sub-licensees a non-exclusive, worldwide, perpetual, right and permission to use, reproduce, copy, edit, modify, translate, reformat, create derivative works from, distribute, transmit, publicly perform and publicly display the your content and sub-license such rights to others.
Although the Company has no obligation to screen, edit, or monitor the user content, the Company reserves the right to monitor the Website and Bot and user content posted on the Website or Bot. You agree that the Company may, in its sole discretion, review and delete any content that violates these Terms or that might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of others or any third party. The Company also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to:
- satisfy any applicable law, regulation, legal process, or governmental request;
- enforce these Terms, including investigation of potential violations hereof;
- detect, prevent, or otherwise address fraud, security, or technical issues;
- protect the rights, property, or safety of the Company, its Clients, and the public.
You understand that the technical processing and transmission of the Website and Bot, including user content, may involve:
- transmissions over various networks; and
- changes to conform and adapt to the technical requirements of connecting networks or devices.
Except for the user content and the Company’s communications and all materials therein or transferred thereby, including, without limitation, software, technology, code, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content belonging to other users, and all intellectual property rights related thereto, are the Company’s exclusive property and the Company’s licensors. Except as explicitly provided herein or in any applicable additional terms and conditions, nothing in this Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, modify, reverse engineer, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of Company’s content, absent specific consent in writing from Us. Use of the Company’s content for any purpose not expressly permitted by these Terms is strictly prohibited.
We grant you a non-exclusive, limited, non-transferable, freely revocable license, subject to these Terms, to access and use the Website and Bot, and related content, materials, information solely for approved purposes as permitted by Us from time to time. Any other use of the content is expressly prohibited, and all other right, title, and interest in the content is exclusively the property of the Company and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the content, in whole or in part.
For the purposes of these Terms, “intellectual property rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
We may display third-party content, advertisements, links, promotions, logos, and other materials for your convenience only. We do not approve of, control, endorse, or sponsor any third parties or third-party content, and We make no representations or warranties of any kind regarding such third-party content, including, without limitation, the accuracy, validity, legality, copyright compliance, or decency of such content.
7. INDEMNIFICATION
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees, fines or penalties imposed by any regulatory authority) arising from:
- your use of and access to the Website and Bot;
- any feedback or submissions you provide to Us concerning the Company;
- your violation of any term of these Terms; or
- your violation of any law, rule, or regulation, or the rights of any third party.
8. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by the laws of Poland. Should there be any disputes regarding matters stipulated herein, the Client and the Company shall take all measures possible to resolve them by negotiation.
Should the Client and the Company fail to reach an agreement by means of negotiations within thirty (30) calendar days, any dispute shall be submitted to the exclusive jurisdiction of the Polish courts competent for the Company’s registered office in Warsaw. This choice of law and forum shall not deprive any party of the right to seek injunctive relief in other jurisdictions, if applicable.
This decision shall be final and binding for both the Client and the Company, and may be used or produced for enforcement at any court having respective jurisdiction; an application concerning an enforcement order may be filed to such competent court if required.
9. CHANGES TO THE TERMS
The Company reserves the right to modify or update these Terms at any time, with or without prior notice. If We make changes, We will publish the revised Terms on Our Website and/or notify you via the Bot or email. It is your responsibility to review the Terms periodically. By continuing to use the Website or Bot after any changes are posted, you agree to be bound by the updated Terms. If you do not agree to any changes, you must cease using the Website and Bot.
10. FINAL CLAUSES
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed deleted, and the remaining provisions shall continue in full force and effect.
If you have any questions regarding Our Website, Bot, and these Terms, you may contact Us at support@burvix.io or any other contact channel described in these Terms.
