Who we are and how to contact us
These terms and conditions (“Terms” or “Agreement”) govern the use of the Services (as defined below), which are provided by CPAD SERVICES SPÓŁKA Z OGRANICZONĄ ODPOWIED (trading as CoinsSpirit) a company incorporated under the laws of Poland with registered number 0001022832 and having its registered office at Ul Hoza, No. 86, apt. 210 seats, 00-682, WARSAW, POL, (“CoinsSpirit”, “Company”, “we”, “us” or “our”) to any person whose application we approve (“you” or “your”).
To contact us, please email: info@coinsspirit.com
By using our site, you accept these Terms and Conditions
By activating your Coins Spirit Account (as defined below) with us, you confirm that you have read, understood, and agree to these Terms. We recommend that you print a copy of these Terms for future reference and check this page regularly to stay up to date with any changes to these Terms.
There are other Terms that apply to you
These Terms refer to the following additional terms, which also apply to your use of the Services and should be read in conjunction with these Terms, along with any other additional terms we may publish from time to time:
Our Terms, which outline some of the most common risks of trading cryptocurrencies and which you must read before deciding to make a Digital Currency Transaction.
Our privacy policy, which sets out the terms on which we process your personal data. You agree that any and all personal data provided by you is accurate and complete.
Our cookie notice, relevant to web access to Coins Spirit Software, which is found on the Coins Spirit website, and which sets out information about the cookies used on our website.
Our fee schedule, which sets out the terms on which we will charge fees for the use of our Services and any other fees that may apply.
By agreeing to these Terms, you agree that you have read, understood, and accept these Terms as well as our privacy policy, cookie notice and fee schedule, and you acknowledge and agree that you will be bound by such terms, policies and notices. These Terms, together with the additional terms above, constitute the entire agreement and understanding with respect to the access or use of any or all of the Software and/or Services. These Terms may be accepted electronically, and you understand and agree that such acceptance shall be deemed to be as binding as an original signature being signed to these Terms by you.
1.Definitions and interpretation
1.1 In these Terms, capitalised words and expressions have the following meanings, unless otherwise stated:
“Applicable Laws”
means any applicable statutes, laws, ordinances, orders, judgments, decrees, rules or regulations issued by any government authority, and any judicial or administrative interpretation of any of these.
“Available Crypto Balance”
means Digital Currency which is deposited into a wallet within a Coins Spirit Account;
“Business Day”
means a day (other than a Saturday or Sunday or a public holiday) when commercial banks are open for ordinary banking business in Poland, provided this coincides with business days in London, England.
“Business Relationship”
means a business, professional or commercial relationship between you and us which is expected to have an element of duration, or any Transaction(s) exceeding the limits of Occasional Transactions as set out in Clause 4.3.
“Card Purchase”
means a purchase of cryptocurrency using Fiat Currency from a debit or credit card;
“Coins Spirit Account”
means a digital account on our systems that is specific to you where we record your Available Balance, data relating to your Transactions and other information from time to time, and which allows you to use the Services.
“Deposit Transaction”
means a Card Purchase or a Deposit Transfer.
“Deposit Transfer”
means a deposit of Digital Currency into your Coins Spirit Account by transferring a Supported Digital Currency from an external Digital Currency wallet or address.
“Digital Currency”
means a digital representation of value that is not issued or guaranteed by a central bank or a public authority, is not necessarily attached to a legally established currency and does not possess a legal status of currency or money under the Governing Law, but is accepted by natural or legal persons as a means of exchange and which can be transferred, stored and traded electronically;
“Digital Currency Exchange”
means a Transaction where you exchange one Digital Currency for another form of Digital Currency.
“Fiat Currency”
means any currency that a government has issued and backed such as EUR, USD, GBP, etc.
“Force Majeure Event”
means any event or circumstance which is beyond our reasonable control, including but not limited to: any act of God, flood, earthquake or other natural disaster, terrorist acts, riots, war, sanction or embargo, fire, explosion or accident, industrial action of any kind (other than induced by us), interruption or failure of any utility service or act taken by any Government Body;
“Governing Law”
means the laws of the Republic of Poland;
“Government Body”
means any foreign, federal, state, local or other governmental authority or regulatory body or competent tax authority;
“Inbound Transaction”
means a payment of Digital Currency that is transferred into your Coins Spirit Account such as via a Deposit Transfer, Purchase or Digital Currency Exchange;
“Intellectual Property Rights”
means patents, utility models, trade marks, service marks, trade and business names, rights in designs, copyright (including rights in software), database rights, domain names, semi-conductor topography rights, rights in inventions, rights in know-how and confidential information and other Intellectual Property Rights which may subsist in any part of the world, in each case whether registered or not (and including applications for registration);
“KYC”
means know-your-customer processes, which the company is required to carry out in accordance with applicable laws;
“Losses”
means all losses, damages, claims, liabilities, costs and expenses (including reasonable attorneys’ and other reasonable legal fees and expenses, and any penalties imposed by a Government Body or under Applicable Laws);
“Notice”
means any information published or provided to you by Coins Spirit via the Software, your email or any other method as Coins Spirit may use from time to time.
“Occasional Transactions”
means a Transaction or series of Transactions in accordance with the limits in Clause 4.3.
“Outbound Transaction”
means a payment of Digital Currency that is transferred out of your Coins Spirit Account to another Coins Spirit Account or to a third-party wallet not held with the Company.
“Partner”
means any company we have partnered with to carry out KYC, or any other company we may partner with in connection with the Software and/or Services from time to time.
“Prohibited Jurisdiction”
means any jurisdiction in which we have suspended trading, or ceased or otherwise prohibited use of any of the Services, in response to Applicable Law as outlined in the terms and conditions
“Purchase”
means a Purchase of Digital Currency to be held in your Coins Spirit Account (including using Card Purchase).
“Security Credentials”
means security information (such as answers to questions known only to you, usernames, passwords, passcodes, PINs, or codes generated through a multi-factor authentication security device) that may be used to access your CoinsSpirit Account or make Transactions;
“Services”
has the meaning given to it in Clause 4.
“Software”
means any software, such as a mobile app, website app and any other software (for use on mobile devices or otherwise) owned or operate by us, or offered by us in the future offering similar or additional functionality, when available;
“Supported Digital Currency”
means any Digital Currency that is available with, and in the correct form to be stored in, your Coins Spirit Account as outlined in the Terms
“Terms”
means the entire terms and conditions, including the privacy policy, fee schedule and cookie notice;
“Transactions”
means Outbound Transactions and Inbound Transactions.
1.2 In these Terms:
1.2.1 References to “include” or “including” do not limit the generality of any preceding words and are to be construed without limitation;
1.2.2. References to a “person” include any individual, company, partnership, joint venture, firm, association, trust, government authority or other body or entity (whether or not having separate legal personality);
1.2.3 The headings are inserted for convenience only and do not affect the construction of these Terms; and
1.2.4 Unless the context otherwise requires, words in the singular include the plural and vice versa and a reference to any gender includes all other genders.
Important notice
We will NEVER ask you to send us any user ID, online password, online PIN, or mobile PIN via email. We or related companies will NEVER ask for your full user ID, online password, online PIN, or mobile PIN when identifying you via the phone. Social media sites should be used for general enquiries only and are not a secure way to communicate with us.
We do not hold any Fiat Currency on your behalf, we only hold Digital Currency.
You are solely responsible for understanding and complying with any and all Applicable Laws of your specific jurisdiction or any other jurisdiction in which you may be located from time to time that may apply to you in connection with your use of any and all of our Services.
Digital Currency is primarily used by speculators and can be highly risky, due to the fact that it is traded throughout the day without limits or protection on the rise or fall in its price, and market makers, global government policies and regulators, and public opinion may cause major irreversible fluctuations in prices. You acknowledge, understand, and agree that investment in Digital Currency may result in substantial or complete loss of your investment and therefore you are advised to use your ability to bear any such loss to determine the size of your investment. Any and all profits or Losses arising therefrom will be your sole responsibility and we shall not be held liable to any extent whatsoever. There is no guarantee against Losses on the Software or through use of the Services. We assume no responsibility for the maintenance, security, and proper function of the underlying protocols of Digital Currency, and we are not able to guarantee the functionality or security of network operations. You acknowledge and accept the risk that underlying software protocols relating to any Digital Currency you store in your Coins Spirit Account may change. You must read our risk statement before deciding to make a Digital Currency Transaction.
If you do not agree to the terms of this agreement and/or any change made thereto from time to time, please immediately stop using the Services and our Software, and terminate your Coins Spirit Account in accordance with Clause 12. Upon your logging into the Software or using any of the Services offered by us, you shall be deemed as having understood and fully agree to all terms of this agreement, including any and all changes and/or updates, that we may have made to this agreement which apply at such time.
Disclaimer
Any information contained on the Software is for general information and educational purposes only. No information contained on the Software should in any way be considered financial advice in any form or to any extent. Nothing published on the Software is a recommendation for any investments, and nor should anything published on the Software be relied on for any investment decisions. Please conduct your own independent research and seek independent financial and investment advice before entering into any financial transaction. We are not responsible for any loss arising directly or indirectly from reliance on such information, including but not limited to, any loss of profits.
Subject to Applicable Laws, CoinsSpirit disclaims any and all warranties, whether express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from the course of performance, course of dealing or usage in trade in relation to the provision of our Services and/or the Software. The company assumes no responsibility for errors or omissions in any of the contents of the Services and/or the Software.
In no event shall the company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use or contents of the Software. The company reserves the right to make additions, deletions, or modifications to the contents of the Software at any time without prior notice. The company does not warrant that the Software is free of viruses or other harmful components. As we cannot control the reliability and availability of the internet, we will not be responsible for any distortion, delay, link failure or other internet disruptions.
External links disclaimer:
The Software may contain links to external websites and software that are not provided or maintained by or in any way affiliated with the company. Please note that the company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites software. You acknowledge that we cannot guarantee, nor are we in any way responsible for, the acts or omissions of third parties or the performance of their products, services, websites or and software.
For any such products and services which are made available (directly or indirectly) by third parties, we do not make any express or implied warranties or conditions, including of quality, merchantability, fitness for a particular purpose, title, and non-infringement. You expressly agree that we shall not be held liable for (and you expressly assume the risk of) any matters arising out of or relating to the actions and omissions of such third parties or their products, services, software, and websites.
Terms and conditions applicable to the services provided by the Company
2. Changes to these Terms
2.1 We may, at our sole discretion, update or amend these Terms from time to time. Every time you wish to use our Services, please check these Terms to ensure you understand the terms that apply at that time. If you disagree with these Terms, now or as amended, you may discontinue your use of the Software and the Services by terminating your Coins Spirit Account in accordance with Clause 12 below. Any continued use of the Services after a change becomes effective will constitute your agreement to have the changes to these Terms govern your use and any Transactions connected with your use.
2.2 Changes to these Terms are effective as of the effective date indicated in the relevant Notice provided and will apply prospectively to any use of the Services that take place following the effective date. If changes will reduce your rights or increase your responsibilities, we will provide notice to you two (2) months prior to the relevant effective date. By continuing to use our Services after that effective date, you will be deemed to have agreed to be bound by the updated or amended terms.
3. Registration and eligibility
3.1. You may register and open a Coins Spirit Account via the Software or other means that we may in the future prescribe. If you choose to register and open a Coins Spirit Account, you agree to provide us with true, accurate, current, and complete information about yourself, which includes certain biometric data (which may include a facial scan and a thumbprint/fingerprint scan) and update us promptly and in writing if there are any changes to that information or data. By registering a Coins Spirit Account, you agree that you have read, understood, and accept all of these Terms, including our privacy policy, cookie notice and fee schedule.
3.2. You warrant that you are a natural person legally deemed as having full legal capacity in your own jurisdiction you reside in a country in which your access to and intended use of the Services is lawful and you will not breach any Applicable Law. In order for you to prove your capacity, age and/or your location, we reserve the right to request from you any extra necessary information. You agree and understand that you (and not Coins Spirit) are solely responsible for reporting of any Transactions or other information necessary to comply with the applicable tax authorities and meet any of your tax obligations. You agree to always refrain from engaging in or participating in any act or activity that damages the interests of the Software or the Company, whether or not in connection with the Services provided by us or the Software.
3.3. In accordance with Clause 3.5 of these Terms, Card Purchase on your Coins Spirit Account will not be activated, and you shall only be allowed to carry out Occasional Transactions, unless we have been provided with the required information so that we may identify you to our satisfaction and comply with all Applicable Law, our internal policies and KYC requirements. We shall keep records of the information and documents you provide in accordance with our privacy policy and any Applicable Law. We reserve the right to ask you to provide us with additional identification data and documents. We reserve the right to withhold access to your Coins Spirit Account until we are provided with documents and/or information that are necessary to fulfil our responsibilities under the Applicable Laws.
3.4. We reserve the right to not accept your application for a Coins Spirit Account and we are not obliged to provide the reason for declining your application. If we have reasonable grounds to suspect that any information you have provided to us is untrue, inaccurate or incomplete, we may suspend or terminate your Coins Spirit Account and refuse any and all current and/or future use of the Services by you.
3.5. Confirmation of these Terms does not mean that we enter into a continuous Business Relationship with you in regard to the Services listed in Section 4.1. If you fail to provide us with all KYC information required and/or fail to undergo full identification procedures in accordance with our internal rules and policies, we will not enter into a continuous Business Relationship with you, and you shall only be allowed to carry out Occasional Transactions within the limits outlined in clause 4.3.
3.6. By signing these Terms, you confirm that you act and use the Services in your own name, and not on behalf of any third party. You accept and warrant that you are fully responsible for, and that you are the ultimate beneficial owner for all activity, all profits and all Losses that occur on your Coins Spirit Account.
3.7. Upon entering into a Business Relationship with us you:
3.7.1. Confirm that you shall use our Services for the following purposes: a. Depositing Digital Currency that is owned by you; b. Exchanging Digital Currency that is owned by you; c. Purchasing Digital Currency; and d. Withdrawing Digital Currency that is owned by you.
3.7.2 You may, subject to any Transaction limits we may set, have the ability to use the Services and conduct transactions up to a limit of EUR 1,000, or equivalent value in Fiat Currency per day. To exceed this limit you must provide any additional necessary information, such as complete KYC information.
3.8 Our Services and the Software can be accessed via the internet, an international network which you may have access to via IT devices, such as a desktop computer, a tablet, phone, or other similar device. You are solely responsible for the proper functioning, maintenance and security of your own IT devices and your internet access, for any purposes in connection with our Software and/or Services. You are solely liable for any Losses resulting from a failure by you to ensure the proper functioning, maintenance and security of your own IT devices and your internet access.
4. The Services
4.1 We will provide the following Services to you in accordance with these Terms: (i) providing access to and maintaining the Software; (ii) exchanging Fiat Currency using Card Purchase for Digital Currency paid to you; (iii) exchanging a Digital Currency for a different form of Digital Currency (iv) hosting a Coins Spirit Account enabling you to store Digital Currencies; (v) managing Transactions in your Coins Spirit Account, including tracking and messaging additional information; (vi) any other related services.
4.2 Your eligibility to access certain Services may depend on the country in which you reside in or are based from time to time. You shall not attempt to access or make use of the Services from or in any jurisdiction where such access or use is prohibited by the Applicable Laws.
4.3 Unless we enter into a continuous Business Relationship with you, you may only carry out Occasional Transactions, whether the Transactions are carried out in a single Transaction or several linked Transactions, that adhere to the following limits (or any other Transaction limits we may set):
4.3.1. The value of a Digital Currency Exchange or other Transactions carried out in Digital Currency does not exceed EUR 1,000 or an equivalent amount in Fiat Currency; or
4.3.2. The value of withdrawn Digital Currency does not exceed EUR 1,000 or an equivalent amount in Fiat Currency.
4.4. We reserve the right to add or remove a Digital Currency to/from the list of Supported Digital Currencies, and to add or remove a jurisdiction to/from the list of Prohibited Jurisdictions. Changes to these lists are effective as of the effective date indicated in the relevant Notice provided. We may, at our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any part of our Services, which may include but is not limited to suspending trading in or ceasing to offer Services in respect of any Digital Currency or prohibiting use of the Services in or from certain jurisdictions in response to any Applicable Law. Any choice by us to support a Digital Currency does not amount to an endorsement or recommendation by us in relation to that Digital Currency or it’s continued support, value or maintenance.
5. Access to your Coins Spirit Account and use of the Services
5.1. You may access your Coins Spirit Account by logging into the Software. From here, you will be able to see your Coins Spirit Transaction activity and view your Coins Spirit Account details. You should check your Coins Spirit Account Transaction activity regularly, not less than on a monthly basis and contact us immediately in relation to any irregularities or enquiries. We shall not be liable for any Losses that result from any outdated, inaccurate or incomplete information you provide.
5.2. Subject to these Terms, the value of each Outbound Transaction will be deducted from your Available Crypto Balance and the value of each Inbound Transaction will be credited to your Available Crypto Balance. You must ensure that you have a sufficient Available Crypto Balance from time to time to pay for your Outbound Transactions and any fees. If for any reason your Available Crypto Balance is insufficient to fulfil requested Transactions, we will not process those Transactions, and not processing those Transactions will not constitute a breach of these Terms.
5.3. We may refuse to authorise or may suspend any Transaction or use of the Services that could breach these Terms, or which we have reasonable grounds for suspecting may be related to a third party committing or planning to commit fraud, or undertaking or planning to undertake any other illegal or unauthorised use of the Services. This will include freezing your Available Crypto Balance and/or otherwise making unavailable any of the Services to you.
5.4. Your ability to use or access the Services and Coins Spirit Account may occasionally be interrupted, for example but not limited to, if we need to carry out maintenance on our systems or due to a Force Majeure Event. Please contact us in accordance with Clause 17 if you wish to report any issues.
5.5 You agree and warrant that you will:
5.5.1 only use the Services for lawful purposes and adhere at all times to all Applicable Laws and these Terms;
5.5.2 not attempt to discover any source code included in the Software, upload to our systems any malware, viruses or other unauthorised object code or source code, or otherwise disrupt or interfere with the conduct of the Service;
5.5.3 not copy, adapt, reverse engineer, decompile, disassemble, modify, or make error corrections to the Software in whole or in part, except to the extent permitted by the Applicable Laws.
6. Depositing on to your Coins Spirit Account
6.1. You may transfer a deposit onto your Coins Spirit Account by depositing a Supported Digital Currency from an external Digital Currency address into your Coins Spirit Account. Digital transfers are usually irreversible. Once you have confirmed your Deposit Transfer, the transfer is irreversible, and you do not have a right to cancel the Transaction or these Terms except as provided for in Clause 12.
6.2. You may also use Fiat Currency through a Card Purchase to Purchase Digital Currency through your Coins Spirit Account. Once you have confirmed your Purchase, your Transaction is irreversible, and you do not have a right to cancel the Transaction or these Terms except as provided for in Clause 12. Any Fiat Currency used to Purchase Digital Currency will be definitively spent, and you will no longer be able to redeem any such Fiat Currency.
6.3 We will display your Available Crypto Balance, showing the amount of each Digital Currency you hold in your Coins Spirit Account and the estimated Fiat value of your Available Crypto Balance. The estimated value of your Available Crypto Balance may not accurately reflect the value you will receive if you were to sell your Digital Currency or the price you will pay to Purchase more Digital Currency and does not include the impact of any applicable fees on the value you will receive. Your Available Crypto Balance may fluctuate as Digital Currency can be very volatile and may fluctuate in price significantly and quickly.
6.4 Our processing of all Deposit Transactions will be subject to our usual fraud, anti money laundering and other operational and customer service checks. Accordingly, there may be delays before Digital Currency appears in your Coins Spirit Account once you have performed a Deposit Transaction.
6.5 Under no circumstances should you attempt to use your Coins Spirit wallet to store, send, request, or receive Digital Currency in any form that is not a Supported Digital Currency. We assume no responsibility or liability in connection with any attempt to use your Coins Spirit wallet to store or transfer Digital Currency that we do not support. You acknowledge and agree that Coins Spirit bears no responsibility and is not liable for any Loss in connection with any Digital Currency which is not supported that is sent to your Coins Spirit Account.
6.6. If you make a Deposit Transfer or a Purchase, information on the source of funds will be stored securely in accordance with our privacy policy and Applicable Laws.
7. Fees
7.1 Coins Spirit makes money when you buy or sell Supported Digital Currency on our Software. A description of the Coins Spirit “Fees” for using your Coins Spirit Account and/or the Services can be found at https://coinsspirit.com/fee-schedule/ which displays Coins Spirit’s pricing and fee schedule.
7.2. By using the Services, you agree to pay all applicable fees. Coins Spirit reserves the right to update its pricing and fee Schedule at any time. We will always notify you of the pricing which applies to your Transaction when you authorise the Transaction. We may charge a blockchain fee (miner fees) to process a Digital Currency Transaction on your behalf. We will calculate the blockchain fee at our discretion, but we will always notify you of the blockchain fee at or before the time you authorize the Digital Currency Transaction.
7.3 You agree that any fees and other amounts due and payable to us under these Terms may be deducted from your Available Crypto Balance as they fall due. Any Fees will be taken from your Available Crypto Balance depending on the type of transaction being made and we will endeavour to combine any Fees into the displayed trading price. You are responsible for paying any additional fees charged by your financial service provider.
7.4 Any changes to the pricing and fee schedule are effective as of the effective date indicated in the relevant Notice provided. Any updated fees will apply to any sales or other Transactions that occur following such effective date. By continuing to use our Services after that effective date, you will be deemed to have agreed to be bound by the updated or amended fee schedule. You authorise Coins Spirit to deduct from your Coins Spirit Account any applicable fees that you owe under these Terms. Such deductions may be made at any time, and without us notifying you, but these will be reflected in the information in the pricing and fee schedule.
7.5 We will display the estimated trading price which is an estimate of value based on market data of Digital Currency values. However the estimated values we provide will only be valid for a limited time as Digital Currency can be very volatile and may fluctuate in price significantly and quickly. If the estimated trading price we displayed has expired you will not be able to complete the Transaction at those values. By confirming a Transaction, you agree to any applicable fees.
8. Managing your Coins Spirit Account
8.1. You are responsible for the use of your Coins Spirit Account, for ensuring that use of the Services or access to your Coins Spirit Account complies fully with these Terms and for the safekeeping of your username, password, and any other Security Credentials for your Coins Spirit Account.
8.2. Do not share your Security Credentials with anyone. If you disclose your Security Credentials to anyone, you are responsible and liable for any access to, use of or misuse of your Coins Spirit Account, for any breach of these Terms, and any Losses resulting from such access, use, misuse and/or breach.
8.3 If your Security Credentials or other Coins Spirit Account details are lost, stolen, or otherwise compromised, or you believe a third party has unauthorised access to your Coins Spirit Account, you must contact us immediately in accordance with Clause 17. We will take reasonable steps to stop any unauthorised use of your Coins Spirit Account, which may include suspending or cancelling your Coins Spirit Account or otherwise suspending access to the system and Services.
8.4 If you claim there has been an unauthorised or incorrect Transaction on your Coins Spirit Account, you must not transfer that Digital Currency before reporting the Transaction to Coins Spirit or during the course of our investigation of your claim. If you transfer the proceeds of any claimed unauthorised or incorrect Transaction we will refuse your claim, you will not be able to recover any of the relevant Digital Currency and we may freeze any relevant proceeds or funds related to such Transaction pending and subject to the conclusion of our investigations. The amount of any proceeds of a suspected or confirmed unauthorised or incorrect Transaction are deemed to be a debt due and payable to us on demand. You agree that we may charge the amount of any such debt against any funds subsequently loaded onto your Coins Spirit Account. We reserve the right to recover the value or any proceeds of any unauthorised or incorrect Transaction related to you by any other legal means.
9. Changes to your Coins Spirit Account details
9.1. You must notify us immediately of any change in your Coins Spirit Account details. We cannot guarantee proper performance of the Services in the event the Coins Spirit Account details you have provided are not accurate or become inaccurate and we disclaim all liability for any Losses that may result from such inaccuracies. You can notify us by contacting us in accordance with Clause 17, and we may require you to confirm such notification in writing or through other methods of authentication (which may include messages or calls to your mobile phone, or confirmation mail to your physical address). You will be liable for any Losses that directly result from any failure by you to notify us of any change promptly. To verify a new address, you must provide any proof that we require.
9.2. We reserve the right at any time to satisfy ourselves as to your identity and address (for example, by requesting relevant original documents), including for the purposes of preventing fraud and/or money laundering. In addition, at the time of your application and at any time in the future, we may perform, in connection with your Coins Spirit Account, electronic identity verification checks either directly or using a Know Your Customer (KYC) relevant partner. You agree to provide us with the information we request for purposes of identity verification and the detection of money laundering, terrorist financing, fraud or any other financial crime, and we will keep a record of such information in accordance with Applicable Laws and our privacy policy. If you fail to provide the requested information, we reserve the right to suspend your Coins Spirit Account and use of the Services pending receipt and verification of that information.
10. Proprietary rights
10.1 All rights, title and interest in, and to, the Intellectual Property Rights subsisting in, or embodied by the Software, the Services, and any proprietary software or other technology required to operate the Software or, Services, and any modifications or improvements thereto, including any derivative works, are retained by us and protected under applicable Intellectual Property Rights and Applicable Laws.
10.2 By activating your Coins Spirit Account, we grant you a limited permission to use the Software solely for the purpose of using the Services in accordance with these Terms. In particular and without limitation, this permission does not grant you the right to create, author or invent any modifications or improvements to, or derivative works of the Software. We may suspend or terminate this permission in accordance with Clause 12. Notwithstanding the foregoing, nothing in these Terms grants you any permission or right to use our trademarks, service marks, trade dress, slogans, logos or other indicia of origin.
10.3 If you submit any ideas, suggestions or other feedback to us about the Software or the Services, you grant to us the right to use or disclose such feedback without any further obligation to you. All rights not expressly granted to you under these Terms are reserved by us.
11. Right to cancel
11.1 You have the right to cancel your Coins Spirit Account and these Terms for any reason within a ‘cooling-off’ period of fourteen (14) days from the date on which your Coins Spirit Account is registered. You must contact us within this fourteen (14) day period and inform us that you wish to withdraw from these Terms, and you must not make any Transactions within this fourteen (14) day period. We will then cancel your Coins Spirit Account and reimburse your Available Crypto Balance to an address provided by you within fourteen (14) Business Days of our receipt of your cancellation request.
11.2 If you fail to exercise your right to cancel under Clause 11.1, then these Terms shall remain in full force and effect, and you may only terminate your Coins Spirit Account and these Terms in accordance with Clause 12.
12. Termination and suspension
12.1. If you wish to terminate your Coins Spirit Account at any time, you must inform us of your wish to terminate through the Software or by contacting us in accordance with Clause 17.
12.2 We may at our sole discretion and without liability to you terminate or suspend your Coins Spirit Account, the provision of the Services and these Terms for any reason by giving you fourteen (14) days’ notice. We may at our sole discretion and without liability to you also limit, terminate or suspend your Coins Spirit Account, your use of the Services and these Terms immediately in the event that: (i) We believe that you have used or are likely to use the Services, or allow them to be used, in breach of any of these Terms; (ii) We believe or suspect that you are in any way involved in any fraudulent activity, money laundering, terrorism financing, other criminal activity, or other breach of Applicable Laws, or have any other security or legal or regulatory compliance concerns; (iii) We believe that you have provided false or misleading information; (iv) We believe that you are involved in any dispute or disagreement with any of our partners whether that dispute or disagreement relates to the Services or otherwise; (v) We are unable to verify your identity or any other information pertaining to you, your Coins Spirit Account or a Transaction; (vi) We are required to do so in accordance with our legal and regulatory obligations under Applicable Laws; (vii) We cease to be authorised to provide the Services; (viii) We no longer support a Digital Currency held in your Coins Spirit Account; (ix) The jurisdiction in which you access the Services is added to the Prohibited Jurisdiction List; (x) We reasonably believe it is necessary for any other reason. We are not liable for any Losses you may incur (and you are not entitled to any gains you make) as a result of your Coins Spirit Account being limited, suspended, or terminated.
12.3 If there have been no Transactions or other activity on your Coins Spirit Account for a period of at least one (1) year, we reserve the right to terminate it and these Terms. We will give you 14 days prior notice of any such termination. However, if you log in or make a Transaction during this 14 day period we will not terminate your account once such period expires.
12.4 Upon termination of these Terms and your Coins Spirit Account in accordance with this Clause 12, all pending Transactions will be processed and, if your Coins Spirit Account has a positive balance, we will redeem your Available Crypto Balance, minus any applicable fees, to an address that you nominate, within thirty (30) Business Days’ of the date on which you inform us of your wish to terminate your Coins Spirit Account or on which termination otherwise occurs in accordance with this Clause 12. Unless otherwise expressly stated in Clause 12, the provisions of Clause 15 shall apply in such circumstances.
12.5 Upon termination of your Coins Spirit Account for any reason, we may continue to process your personal data in accordance with the terms of our privacy policy and cookie notice as applicable.
12.6 The Terms in effect as of the date of the termination of your Coins Spirit Account will survive and continue to apply to any aspects of your prior use of the Software or the Services, including to your Coins Spirit Account information, your Available Crypto Balance, any outstanding Transactions, and any relationship between you and a partner formed with the assistance of the Software or the Services.
12.7 If there is a Digital Currency balance remaining in your account after termination, you agree to provide us with an external digital wallet address, so that we can attempt to return the remaining Digital Currency to you within a period of ninety (90) days. You are not permitted to use the Services or your Coins Spirit Account for any purposes during this period and we may, at our discretion, limit the functionality of your Coins Spirit Account and/or your access to the Software accordingly.
12.8 If we suspend or terminate your Coins Spirit Account or your use of the Services for any reason, we reserve the right to require you to provide us with all Know Your Customer (KYC) information and undergo full identification procedures in accordance with our internal rules and policies and any Applicable Law before returning any Digital Currency to you.
13. Redemption
13.1 We will redeem, either in part or in full, the Digital Currency of the Available Crypto Balance on your Coins Spirit Account, at any time, at par value, following instructions given by you to do so and subject to your payment of any applicable Fees, compliance with Applicable Laws and the remainder of this Clause 13.
13.2 We reserve the right to carry out any necessary anti money laundering, terrorist financing, fraud and other illegal activity and operational checks before authorising any redemption or transfer of funds to you, including returning any funds after the termination of these Terms. Accordingly, there may be delays between our receipt of your redemption request and your receipt of the relevant funds.
13.3. We reserve the right to charge a fee when you require redemption either in full or in part of the Available Crypto Balance on your Coins Spirit Account before the termination of these Terms (other than if you cancel during the ‘cooling-off’ period pursuant to Clause 11).
13.4. After we have approved the redemption of your funds, you must ensure that the address for the transfer is accurate and complete. Where you provide us with incorrect details, we will not be held liable for funds sent to the incorrect address where we have acted in accordance with your instructions. We reserve the right to charge you a fee in the event that you request our assistance in retrieving Digital Currency from an incorrect address or when you have transferred the wrong Digital Currency onto your Coins Spirit Account.
14. Tax
14.1 It is your (and not Coins Spirit’s) sole responsibility to determine what tax obligations you may have and to comply with any such tax obligations owed such as reporting and paying any relevant tax to any applicable tax authority.
15. Liability
15.1. Nothing in these Terms shall limit or exclude our liability: (i) For fraud or fraudulent misrepresentation; (ii) For death or personal injury caused by our negligence; or (iii) Where such limitation or exclusion would be contrary to Applicable Law.
15.2 Except as provided in Clause 15.1, we shall not be liable under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise:
15.2.1 For any: a. indirect, incidental, special or consequential loss or damage of any kind; or b. loss of profits, business, revenue, savings (actual or anticipated), agreements, contracts, opportunity, or loss of, or damage to, goodwill or reputation (including as a result of your inability to participate in any goods, services or offerings of a partner, to the extent that it is caused by a failure in the Software, the Services or the time taken for Digital Currency Purchased to appear in your Coins Spirit Account once you have performed a Deposit Transaction);
15.2.2 For any Losses in connection with the rights, privileges, licenses, goods or services that are purchased with your Coins Spirit Account from a partner or the terms on which they are provided by a partner such as if a partner refuses to accept an Outbound Transaction or other payment.
15.3 Subject to Clause 15.1, the Services and Software, in whole and in part, are provided on an “as is” and “as available” basis, without express or implied warranties of any kind, including without limitation warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from the course of performance, dealing or usage in trade.
15.4. Except as provided in Clauses 15.1 and 15.7 and subject to Clause 15.2 and any Applicable Laws, in no event shall the aggregate liability of Coins Spirit (including our directors, members, employees and agents), whether in contract, warranty, tort (including negligence) product liability, breach of statutory duty, or arising out of or relating to the use of or inability to use Coins Spirit Services, the Software and/or these Terms exceed the fees paid by you to Coins Spirit during the six (6) months preceding the date of any claim giving rise to such liability or an equivalent amount in Fiat Currency.
15.5. You are solely responsible for your interactions with partners. We reserve the right, but have no obligation, to monitor or mediate any disputes between you and any partners.
15.6. You agree to indemnify and hold harmless Coins Spirit and our directors, officers, employees, agents, affiliates and subcontractors against any and all claims, actions, proceedings, investigations, demands, suits and Losses suffered or incurred by us that arise out of, or in connection with, any breach by you, of any of these Terms or Applicable Law, any enforcement by us of these Terms and/or your violation of any rights of any third party.
15.7. Except as provided in Clause 15.1 and subject to Clause 15.2, where we have incorrectly and due to our fault:
15.7.1 Deducted amounts from your Available Crypto Balance, our liability shall be limited to payment to you of an equivalent amount or;
15.7.2 Credited too low an amount to your Available Crypto Balance our liability shall be limited to payment to you of an incremental amount that ensures you have received the correct amount due, provided that, in each case, if we subsequently establish that the refunded or incremental credited amount had been correctly deducted or credited (as the case may be), we may deduct it from your Available Crypto Balance and, if you do not have a sufficient balance, you must repay us the amount immediately upon demand.
15.8 Except as provided in Clause 15.1, we shall not be liable for Losses relating to any unauthorised Transactions resulting from the use of lost or stolen Security Credentials and/or Coins Spirit Account details or misappropriation of your Coins Spirit Account, except to the extent that the relevant Losses are caused by our breach of these Terms or our failure to authenticate a Transaction in accordance with our then published authentication documentation. Otherwise than as set out in the preceding sentence, you shall be liable for Losses relating to any unauthorised Transactions resulting from the use of lost or stolen Security Credentials and Coins Spirit Account details or misappropriation of your Coins Spirit Account.
15.9 Notwithstanding Clause 15.8, and except as provided in Clause 15.1, we shall not be liable for any unauthorised or incorrectly executed Transactions, including but not limited to in the event that the Transaction was affected by a Force Majeure Event or where we acted in accordance with a legal or regulatory obligation or other Applicable Laws.
15.10. We do not guarantee the identity of any user, receiver, requestee or other third party (including other users of our Services) and we will have no liability or responsibility for ensuring that the information provided by any user is accurate and complete.
15.11. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may Purchase or receive from, or sell or transfer to, any third party (including other users of our Services). We are not responsible for ensuring that a third party you transact with will complete the Transaction or is authorised to do so.
15.12. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify Coins Spirit support in accordance with clause 17.
16. Force Majeure
16.1. We shall not have any liability under, or be deemed to be in breach of, these Terms for any delays or failures in performance of any of our obligations under these Terms that result from an event out of our control or any other Force Majeure Event.
17. Contact details
17.1. If you have any questions or concerns about the Services, or want to report issues with your Coins Spirit Account, please contact us by email at support@coinsspirit.com
18. Miscellaneous
18.1 We may assign or transfer all or any of our rights or obligations under these Terms to any third party (including by way of merger, consolidation or the acquisition of all or substantially all of our business and assets relating to these Terms).
18.2 You may only assign or transfer your rights or your obligations under these Terms to a third party if we give our prior written consent to this.
18.3 A person who is not a party to these Terms has no right to enforce any part of these Terms. The rights to terminate, rescind or agree any variation, waiver or settlement under these Terms are not subject to the consent of any person that is not a party to these Terms.
18.4 Nothing in these Terms is intended to, or shall be construed so as to, establish or imply any partnership or joint venture or a relationship of principal and agent between you and us or constitute either of you or us as the agent of the other party, or authorise you or us to make or enter into any commitments for or on behalf of the other party
18.5 If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect under the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect yours and our original intentions as nearly as possible in accordance with Applicable Laws.
18.6 No waiver of any of our rights under these Terms shall be effective unless in writing. Unless expressly stated otherwise, a waiver shall be effective only in the circumstances for which it is given, and no delay or omission by us in exercising any right or remedy provided by law or under these Terms shall constitute a waiver by us of such right or remedy.
18.7 These Terms and the documents referred to in them, constitute the whole agreement between you and us relating to the subject matter of these Terms and supersede any prior written or oral arrangement, understanding or agreement between you and us relating to such subject matter.
18.8 These Terms are provided to you in the English language. Where we have provided a translation of these Terms to you, you agree that such translation is provided for your convenience only and that the English language version of these Terms will govern your relationship with us. If there is any contradiction between the English language version of these Terms and any translation, the English language version takes precedence.
19. Dispute resolution
19.1 If you have any complaints or want to raise a dispute we encourage you to raise these directly with us so that we can attempt to resolve any issue at first instance to both parties’ satisfaction. You agree that if the parties attempt to resolve a dispute this way the parties agree to act in good faith to resolve the dispute and during the conduct of any negotiations. The parties acknowledge that after raising a dispute they may agree to refer the case to arbitration by concluding an arbitration agreement.
19.2 You and Coins Spirit agree to give written notification to the other party within thirty (30) days of the dispute or claim arising, or of your intention to initiate such claim or dispute arising.
19.3 The parties agree that any claims or disputes shall be kept confidential. The existence any claim or dispute, and any non-public or other confidential information provided (collectively, the “Confidential Information”) shall not be disclosed to any non- party. A party may only disclose Confidential Information to a non-party to the extent that such disclosure is required to fulfil a legal duty or assert a legal right, or otherwise as required by law. This confidentiality provision shall survive termination of these Terms.
19.4 Any formal claim or dispute against Coins Spirit must be initiated by submitting the claim or dispute to the courts of the Republic of Poland in the shortest statutory limitation period permitted by the Governing Law after the date the party bringing the claim knows or reasonably could have known of the facts giving rise to the claim. There shall be no remedy for any claim asserted after that time period.
20. Governing Law and jurisdiction
20.1 These Terms, and any noncontractual obligations arising out of or in connection with these Terms, are governed by, and shall be construed in accordance with, the Governing Law.
20.2 Each party irrevocably agrees that the courts of Poland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Services, these Terms or their subject matter or formation, unless they are settled by negotiations between the parties or are submitted to arbitration by the parties executing an arbitration agreement.
21. Notice
21.1 You may serve notices to us in writing at the contact details in Clause 17.
21.2 You accept and agree that we may provide you with notices and other disclosures in connection with your Coins Spirit Account and use of the Services.
Refund policy
22.General policy
22.1 Our platform allows customers to purchase cryptocurrencies using various card payment methods. Due to the volatile nature of cryptocurrencies and the real-time processing of Transactions, all purchases of cryptocurrencies on our platform are considered final and non-refundable.
22.2 By using our services and completing a Transaction, you acknowledge and agree that the Purchase of any cryptocurrency is subject to risks, including but not limited to price volatility and the irreversible nature of blockchain Transactions.
Exceptions
22.3 Notwithstanding the foregoing, we may, at our sole discretion, consider refund requests under the following exceptional circumstances:
22.3.1 Unauthorised Transactions: If a Transaction was unauthorised or fraudulent, and you provide timely notification in accordance with our fraudulent Transaction policy.
22.3.2 Transaction error: If there was a clear error in the transaction, such as a mistaken Transaction amount due to a technical glitch on our platform.
22.4 All requests for refunds under these exceptions must be submitted in writing within 48 hours of the Transaction. Each request will be evaluated on a case-by-case basis, and we reserve the right to require documentation or evidence to support your claim.
Process and conditions
22.5 If a refund is granted by us under the exceptions outlined above, the refund amount will be credited to the same payment method used for the original Transaction. Refunds will be processed in the original currency of the Transaction.
22.6 Any Transaction fees, including but not limited to processing fees, network fees, or bank charges, are non-refundable. If a refund is granted, such fees will be deducted from the refund amount.
22.7 Due to the nature of Digital Currency Transactions, we cannot guarantee any specific timeframe for processing a refund. The timing may depend on various factors, including, but not limited to, the policies of the card-issuing bank.
No guarantees
22.8 While we will consider refund requests in exceptional circumstances, we make no guarantees that any request will be approved. The decision to grant a refund is at our complete discretion, based on the merits and documentation provided.
