Terms of Use

Terms of Use

Terms of Use

Last updated December 05, 2023

I. INTRODUCTION

The Terms of Use set out the rules for the provision of the Services by BONBYTE TECHNOLOGY sp. z o.o.., with its registered office in Warsaw, Poland, entered into the Register of Entrepreneurs of the National Court Register (KRS) under entity registration number 0001039417.

BONBYTE TECHNOLOGY sp. z o.o. is entered in the Register of Activities in the Field of Virtual Currencies under number RDWW-795, kept by the Director of the Tax Administration Chamber in Katowice. 

II. DEFINITIONS

The following terms used in the Terms of Use with a capital letter shall be understood as follows:

Contact Details: Contact details where BONBYTE TECHNOLOGY can be contacted:

e-mail: support@wellowallet.com

Order: Any order, instruction or statement, including an order to provide On-Ramp and/or Off-Ramp service, directed by the User to BONBYTE TECHNOLOGY under the Terms of Use or any other regulations applicable between BONBYTE TECHNOLOGY and the User.

Password: A password used, among other things, to identify the User within the Account and to perform other activities as set forth in the Terms of Use.

KC: Act of 23 April 1964. - Civil Code.

User: The person or entity that has entered into the Contract with BONBYTE TECHNOLOGY.

Account: The individual online account of the User in the Website and/or Application, enabling, among other things, submission of Orders and making use of other BONBYTE TECHNOLOGY services.

Application: The mobile application operated and maintained by BONBYTE TECHNOLOGY, available iOS and Android.

Off-Ramp: Service under which the User may sell to BONBYTE TECHNOLOGY Virtual Currencies for legal tender (FIAT).

On-Ramp: Service under which the User may buy from BONBYTE TECHNOLOGY Virtual Currencies for legal tender (FIAT).

Payment Account: The User's payment account, held by the Payment Institution or Electronic Money Institution cooperating with BONBYTE TECHNOLOGY, on which the User must provide funds in order to buy Virtual Currencies under the On-Ramp and Off-Ramp services.

Terms of Use: These Terms of Use.

Website: The BONBYTE TECHNOLOGY website at www.wellowallet.com.

BONBYTE TECHNOLOGY: BONBYTE TECHNOLOGY sp. z o.o., a Virtual Asset Service Provider regulated in Poland, with its registered office in Warsaw.

UAML: Act of 1 March 2018 on Prevention of Money Laundering and Financing of Terrorism.

Contract: The contract governing the provision by BONBYTE TECHNOLOGY of the Services described in these Terms of Use.

Service: The following services that may be provided by BONBYTE TECHNOLOGY:

  1. On-Ramp;

  2. Off-Ramp.

Virtual Currency: A digital representation of a value that is not:

  1. legal tender issued by the National Bank of Poland, foreign central banks or other public administration authorities,

  2. an international unit of account established by an international organisation and accepted by individual countries belonging to or cooperating with that organisation,

  3. electronic money within the meaning of the Act of 19 August 2011 on payment services,

  4. a financial instrument within the meaning of the Act on Trading in Financial Instruments of 29 July 2005,

  5. a bill of exchange, a promissory note or a cheque,

and it may be exchanged for legal tender and accepted as a medium of exchange in economic transactions, and may be stored or transferred electronically or traded electronically.

III. CONCLUSION OF THE CONTRACT

The Contract is concluded on the Website or Application, as part of the Account opening process. The Contract will be considered concluded when BONBYTE TECHNOLOGY informs the User about it on the Website or in a message sent to the User's email address.

In order to conclude the Contract, the potential User shall:

provide all data required by BONBYTE TECHNOLOGY in the process of opening an Account;

  1. accept the Terms of Use and other clauses required during the Account opening process;

  2. enable for BONBYTE TECHNOLOGY to verify their identity and/or that of the persons representing the User in the manner required by BONBYTE TECHNOLOGY;

  3. ensure that the person making any statements on behalf of the User for the purpose of concluding the Contract is authorised to do so.

  4. Before concluding the Contract and also during the term of the Contract, BONBYTE TECHNOLOGY may request the User:

Before concluding the Contract and also during the term of the Contract, BONBYTE TECHNOLOGY may request the User:

  1. to confirm the data provided, including by sending the relevant documents;

  2. to enable for BONBYTE TECHNOLOGY to verify the identity of the User and/or of the persons representing the User, including through the tools indicated by BONBYTE TECHNOLOGY;

  3. to provide additional documents or information, in particular those necessary to verify the User's identity and fulfil obligations under UAML.

All information and data provided to BONBYTE TECHNOLOGY before and during the term of the Contract, including for the purpose of executing the On-Ramp and/or Off-Ramp service, shall be truthful and not misleading.

The Contract may also be concluded in a manner other than that described in this Section III of the Terms of Use if BONBYTE TECHNOLOGY so agrees with the given User.

The Terms of Use and other documents that BONBYTE TECHNOLOGY must provide to the User in accordance with the law will be sent:

  1. in electronic form to the e-mail address provided by the User; and/or 

  2. in writing to the User's home address or correspondence address; and/or

  3. by any other means specified in the User’s Account or on the Website. In addition, the documents indicated above may be made available in the Account.

In addition, the documents indicated above may be made available in the Account.

The Contract is concluded for an indefinite period.

The User acknowledges that by entering into this contract that the value of Virtual Currencies can be volatile and the risk of loss from trading or holding Virtual Currencies can be substantial. The User should therefore carefully consider whether trading or holding Virtual Currencies is suitable for the User in light of the User’s financial condition. 

It is important that the User fully understand the risks involved before making a decision to enter into this Contract and use the Services.

IV. ACCOUNT

An account is made available to the User upon conclusion of the Contract and for the duration of the Contract. Access to and use of the Account is free of charge, and the User does not have to pay any fee for access to and use of the Account, except for the provision of personal data necessary for the performance of the Contract. However, BONBYTE TECHNOLOGY may introduce fees for accessing the Services, all of which will be displayed when finalising an Order and shall be acknowledged and accepted by the User prior to the completion of the Service.

The User may use the Account to send enquiries, information and documents to BONBYTE TECHNOLOGY, to receive information and documents from BONBYTE TECHNOLOGY, to contact BONBYTE TECHNOLOGY, to make Orders, including Orders regarding On-Ramp and Off-Ramp service, have a view of the Payment Account balance and to use other functions made available in the Account. 

The User may not use the Account to provide third parties with Services or services similar to those provided by BONBYTE TECHNOLOGY.

In order to complete the Account registration process, the User shall either:

  1. Create the Account through the dedicated registration page by providing an email address or telephone number associated with the User. The User shall receive a verification code to the email address or telephone number provided and shall input the verification code on the registration portal in order to complete the process; or

  2. Register an account through a supported third-party account associated with the User through open authentication (oAuth), supported methods include:

    • Google;

    • Apple (iOS only)

In regards to oAuth, the User acknowledges that they are required to consent to the Terms of Use provided by the third parties listed above. The oAuth service is an independent third party service and BONBYTE TECHNOLOGY shall have no responsibilities or liabilities in relation to damages incurred by the User for utilising oAuth or  the functionality of oAuth.

In regards to oAuth, the User acknowledges that they are required to consent to the Terms of Use provided by the third parties listed above. The oAuth service is an independent third party service and BONBYTE TECHNOLOGY shall have no responsibilities or liabilities in relation to damages incurred by the User for utilising oAuth or  the functionality of oAuth.

The User shall be liable for the consequences of any Orders given in its Account, including by unauthorised persons. The User, who is a consumer within the meaning of the KC, shall not be burdened by the consequences of Orders given by unauthorised persons, if they were given and executed through BONBYTE TECHNOLOGY's fault.

The User shall in particular be burdened with the consequences of Orders given:

  1. by persons to whom the User has provided data necessary to use the Account or give Orders;

  2. by unauthorised persons, irrespective of how the unauthorised persons have obtained the data necessary for giving the Order;

  3. as a result of a breach by the User of the security rules set out in the Website, in the Account or in other recommendations made available by BONBYTE TECHNOLOGY;

  4. as a result of non-performance or improper performance by the User of its obligations under the Contract, the Terms of Use or the law;

  5. by the User in accordance with the Terms of Use or the functions of the Account.

It is prohibited to provide content of an unlawful nature through the Account. It is not permissible to use the Account in a manner that enables or aims at unauthorised access to the BONBYTE TECHNOLOGY IT system, the introduction of malicious software into it or the prevention or disruption of its proper functioning.

V. ORDERS

BONBYTE TECHNOLOGY shall accept to execute the Orders correctly drawn up and submitted to BONBYTE TECHNOLOGY. Giving of an Order in the Account is made by approving the relevant details such as the relevant fees, price and exchange rate of Virtual Currencies indicated by BONBYTE TECHNOLOGY, with the appropriate button. BONBYTE TECHNOLOGY may require additional actions to be performed in order to approve a given Order.

BONBYTE TECHNOLOGY may refuse to carry out an Order that does not meet the requirements set out in the Terms of Use or in the Website, Application or Account, as well as in situations set out in the provisions of applicable law, including in the following cases:

  1. the User has failed to provide Virtual Currencies or funds (FIAT) to execute the Order,

  2. there are irregularities in the content of the Order which make its execution impossible,

  3. a threat to the security of Virtual Currencies or the Account,

  4. suspected unauthorised use of the Account,

  5. failure to update data or the identity document of the User or its representatives,

  6. in the cases specified in the UAML rules

  7. the order applies to Virtual Currencies not supported by BONBYTE TECHNOLOGY under On-Ramp and Off-Ramp service.

If BONBYTE TECHNOLOGY refuses to execute the Order, it will inform the User, unless this is contrary to law. 

VI. ON-RAMP AND OFF-RAMP

In order to perform the On-Ramp service, the User must in the Account:

  1. indicate the Virtual Currency they wants to buy and its quantity; 

  2. indicate the legal tender (FIAT) currency for which he wants to buy the Virtual Currency; 

  3. indicate the wallet to which the bought Virtual Currencies are to be transferred; 

  4. accept the price and exchange rate of Virtual Currencies indicated by BONBYTE TECHNOLOGY; 

  5. deposit legal tender (FIAT) for the purchase of Virtual Currencies to the account indicated by BONBYTE TECHNOLOGY. Legal tender (FIAT) may be transferred from a Payment Account or by any other means acceptable to BONBYTE TECHNOLOGY.

If the User does not provide legal tender (FIAT) at the agreed time, BONBYTE TECHNOLOGY may refuse to perform On-Ramp service or perform it at the other exchange rate applied by BONBYTE TECHNOLOGY at the time of receipt of the legal tender (FIAT). 

In order to perform the Off-Ramp service, the User must in the Account:

  1. indicate the Virtual Currency he wants to sell and its quantity; 

  2. indicate the legal tender (FIAT) currency for which he wants to sell the Virtual Currency; 

  3. indicate the payment account to which the funds are to be transferred (FIAT). BONBYTE TECHNOLOGY may enable the indication only of the User's Payment Account held by a Payment Institution or Electronic Money Institution cooperating with BONBYTE TECHNOLOGY; 

  4. accept the price and exchange rate of Virtual Currencies indicated by BONBYTE TECHNOLOGY; 

  5. deposit the sold Virtual Currencies into the wallet indicated by BONBYTE TECHNOLOGY.

If the User does not provide Virtual Currencies at the agreed time, BONBYTE TECHNOLOGY may refuse to perform Off-Ramp service or perform it at the other exchange rate applied by BONBYTE TECHNOLOGY at the time of receipt of the Virtual Currencies.

BONBYTE TECHNOLOGY shall display the estimated time of transfer of the Virtual Currencies or legal tender (FIAT) owed to the User under the On-Ramp or Off-Ramp service. The User acknowledges the transfer of the Virtual Currencies or legal tender (FIAT) owed to the User is performed on a good faith efforts basis under the provision of the On Ramp or Off Ramp Service and that external factors such as blockchain network congestions, bank working hours and bank holidays may result in the delay of the Order.

BONBYTE TECHNOLOGY shall not accept cash for sold Virtual Currencies. BONBYTE TECHNOLOGY shall not pay cash for bought Virtual Currencies.

The User may give an Order to perform a On-Ramp or Off-Ramp service only in the Account.

On-Ramp or Off-Ramp service may only be Ordered in Virtual Currencies or in the FIAT currencies indicated on the Website.

If the transfer of legal tender (FIAT) from the User to BONBYTE TECHNOLOGY or from BONBYTE TECHNOLOGY to the User is necessary for the performing of an On-Ramp or Off-Ramp service, the processing and/or transfer of such funds shall be carried out by a separate third party entity duly authorised to be a payment service provider. BONBYTE TECHNOLOGY is not a licenced payment service provider and shall not provide payment services as defined by law. 

When ordering an On-Ramp or Off-Ramp service, the User is obliged to provide all the data required in the Account.

VII. FEES

BONBYTE TECHNOLOGY charges fees or commissions for providing the Services, all of which is displayed to the User during the transaction process, outlining the relevant fees and/or commission towards each Order. Prior to the execution of the Order, each transaction will require the User to approve the overall fee quoted in the transaction page.

Fees or commissions payable to BONBYTE TECHNOLOGY may be payable by deduction from the Virtual Currencies or funds to be transferred to the User by BONBYTE TECHNOLOGY as part of the On-Ramp or Off-Ramp service or by payment thereof to the account or wallet of BONBYTE TECHNOLOGY indicated on the Website, Application or in Account. BONBYTE TECHNOLOGY's prior declaration of deduction is not required.

In the event that a User using the BONBYTE TECHNOLOGY Services is in arrears with payment of fees or commissions, BONBYTE TECHNOLOGY may refuse to provide the Services to that User until the arrears are settled.

VIII. SECURITY

The Login, Account password and Account may only be used by the User. The User may not disclose their private key to third parties.

The User must use the Account and BONBYTE TECHNOLOGY Services in accordance with the provisions of these Terms and Conditions and must take the necessary measures to prevent a breach of the individual security measures of the Account, including the storage of the login, password to the Account and other data enabling the giving of an Order with due diligence and not to make them available to unauthorised persons. 

In the event that the User ascertains or suspects that the Account, login and/or password to the Account, have been or may have been accessed by an unauthorised person, including as a result of their loss, theft or misappropriation, the User shall immediately report these circumstances to BONBYTE TECHNOLOGY and give an Order to block the Account. The notification shall be made to BONBYTE TECHNOLOGY Contact Details.

The User shall comply with the following security rules relating to the use of the Account:

  1. verify the correctness of the login address to the Account each time and check whether the browser does not display any warnings related to the security certificate;

  2. read the Order carefully;

  3. not to confirm Orders that have not been ordered by the User and to immediately inform BONBYTE TECHNOLOGY of receipt of a message requesting confirmation of such an Order;

  4. keep their operating system and browser up to date;

  5. use only devices with installed and updated anti-virus software;

  6. not use untrusted devices to log in to Account or devices on which other users are logged in;

  7. not use public Wi-Fi networks to log into Account;

  8. do not open attachments or links from suspicious e-mails or text messages (with errors, typos, grammatical mistakes, from a different address than the official one, from unknown persons or organisations);

  9. read and comply with the BONBYTE TECHNOLOGY information on risks that BONBYTE TECHNOLOGY posts on the Service;

  10. interrupt the login process to the Account if the login process deviates from the normal procedure (e.g. takes significantly longer, additional windows appear or requests for additional data) and immediately inform BONBYTE TECHNOLOGY;

  11. not to disclose to third parties or save data used to log in to the Account,

  12. not to make available to third parties the devices which the User uses to log in to the Account.

BONBYTE TECHNOLOGY shall be entitled to block the Account and/or On-Ramp and/or Off-Ramp services in whole or in part:

  1. for legitimate reasons relating to the security of BONBYTE TECHNOLOGY or User’s Account;

  2. in connection with the suspected unauthorised use of the User’s Account;

  3. in the event that the User used or is willing to use the Account and/or BONBYTE TECHNOLOGY services for illegal activities, in particular if the User violates the provisions of the UAML;

  4. in the event that the User fails to provide BONBYTE TECHNOLOGY with the information or documents necessary for BONBYTE TECHNOLOGY to perform its obligations under the UAML;

  5. where the obligation to block arises from the law or from a decision of a public administration authority.

  6. BONBYTE TECHNOLOGY shall inform the User in the Account that the Account have been blocked before it is blocked or, if this is not possible, immediately after it is blocked, unless notification is prohibited by law or notification would be unreasonable for security reasons. 

The User can make an unblocking request by writing or calling BONBYTE TECHNOLOGY Contact Details.

Once the reasons for the blocking cease to exist, BONBYTE TECHNOLOGY will unblock access to the Account, of which it will inform the User in the Account.

IX. COMPLAINTS AND DISPUTE RESOLUTION

  1. The User may send a complaint to the BONBYTE TECHNOLOGY e-mail address given in the Contact Details

The complaint should contain the name and surname of the User and a description of the reason for the complaint.

BONBYTE TECHNOLOGY shall consider the complaint as soon as it is received, but no later than within 14 working days of receipt.

In particularly complicated cases, making it impossible to consider the complaint, BONBYTE TECHNOLOGY may request additional information or documents. Failure to provide such information or documents shall not be an obstacle to reply to the complaint.

BONBYTE TECHNOLOGY replies to complaints:

  1. to the correspondence address provided by the User; or

  2. to the electronic address provided by the User; or

  3. on another durable medium.

The User or the person to whom the conclusion of the Contract has been refused, being a consumer, has the right to make use of out-of-court settlement of disputes:

  1. by the locally competent Municipal Consumer Ombudsman or District Consumer Ombudsman;

  2. concerning a contract concluded via the Internet or any other electronic channel, via the ODR platform operating in the countries of the European Union, available on the website at http://ec.europa.eu/consumers/odr/

The court competent to settle disputes related to the conclusion and performance of the Contract concluded with:

  1. User who is a consumer within the meaning of Article 22 of the KC - is a court with local jurisdiction, determined in accordance with the provisions of the Code of Civil Procedure;

  2. The User who is not a consumer within the meaning of Article 22 of the KC - is the competent local authority for the registered office of BONBYTE TECHNOLOGY.

X. TERMINATION

The User may terminate the Contract at any time by providing BONBYTE TECHNOLOGY with a Notice of Terminate of the Contract. The User agrees that in the event of a Termination, the User authorises BONBYTE TECHNOLOGY to cancel or suspend any pending Orders at the time of cancellation, and to deduct any outstanding amounts from the User’s Account that the User owes to BONBYTE TECHNOLOGY.

Notice of termination of the Contract:

  1. the User shall send to BONBYTE TECHNOLOGY's email address as specified in BONBYTE TECHNOLOGY's Contact Details;

  2. BONBYTE TECHNOLOGY shall send to the User's e-mail address.

BONBYTE TECHNOLOGY may only terminate the Contract for one or more of the following valid reasons:

  1. the User used or attempted to use the Account, BONBYTE TECHNOLOGY services or the software made available to the User by BONBYTE TECHNOLOGY, to commit a criminal offence or any other unlawful act;

  2. the User provided false information for the purpose of concluding a Contract with BONBYTE TECHNOLOGY;

  3. the User provided false information for the purposes of the On-Ramp and/or Off-Ramp service;

  4. the User has not used the Account for at least 6 months prior to receiving the notice of termination;

  5. the User has not used the On-Ramp and Off-Ramp service for at least 6 months prior to receiving the notice of termination;

  6. the User is at least 30 days late in paying any amounts due to BONBYTE TECHNOLOGY under the Contract;

  7. BONBYTE TECHNOLOGY decides to close the Website (in which case all Users will receive a notice of termination from BONBYTE TECHNOLOGY);

  8. the User has intentionally or with gross negligence used BONBYTE TECHNOLOGY services for illegal purposes;

  9. BONBYTE TECHNOLOGY cannot execute the financial security measures referred to in the UAML against the User.

  10. BONBYTE TECHNOLOGY cannot continue to service the User due to changes in the regulatory framework.

  11. the User owe amounts to BONBYTE TECHNOLOGY that are not satisfied, whether due to a chargeback or on any other basis;

After termination of the Contract, the User will lose access to the Account. In the event the User requests for Account information after the termination of the Account, the User shall contact support@wellowallet.com outlining the information required. BONBYTE TECHNOLOGY shall review each request on a case by case basis.

XI. AMENDMENT TO THE TERMS OF USE OR SERVICE FEES

BONBYTE TECHNOLOGY shall be entitled to unilaterally amend the Terms of Use if at least one of the following valid reasons occurs: 

  1. a change in the legal situation necessitating in the Terms of Use amendment;

  2. issuance of a ruling of a court of law or issuance of a decision, guideline, recommendation or other binding act of BONBYTE TECHNOLOGY by a public administration body, resulting in the necessity to introduce changes;

  3. the introduction of new products or services, whereby the change may only relate to the introduction of provisions or changes to provisions relating to these products or services, the use of such products or services will not be compulsory for the User, and the User will not be charged for not using them,

  4. BONBYTE TECHNOLOGY's improvement of existing functions or services provided in order to increase the level of security, protection of personal data or to improve the usability of the functions and services provided by BONBYTE TECHNOLOGY, but the change can only concern the introduction of provisions or changes to provisions related to these functions or services, 

  5. resignation from some functions or services or change of existing functions or services provided by due to further inability to provide a given service in the current form or to make the function available in the current form, caused by withdrawal of the service from BONBYTE TECHNOLOGY's offer, changes in BONBYTE TECHNOLOGY's IT systems, an increase in the cost of providing a given service by at least 10% compared to the previous year, or termination of BONBYTE TECHNOLOGY's contract with the entity whose services BONBYTE TECHNOLOGY used to provide a given service or make a given function available, whereby the change may only relate to the introduction, removal or amendment of provisions related to these functions or services,

  6. changes in BONBYTE TECHNOLOGY operational or business processes or in the IT systems that require the Terms of Use amendment,  

  7. the need to clarify provisions or make editorial changes which do not adversely affect the content of the User's rights and obligations.

BONBYTE TECHNOLOGY is entitled to change the amount of fees and/or commissions. The amount of fee and/or commissions in relation to the On Ramp and Off Ramp Services will be made available to the User on the dedicated transaction page, in which the User is required to acknowledge and approve the associated fees to execute an Order. The User acknowledges that the fee and/or commissions may fluctuate due to external factors such as changes in fees imposed by third party payment services providers.

Changes to the Terms of Use for valid reasons referred to in points XII.1.a, XII.1.b XII.2.c and XII.2.f may only take place to the extent that such a change in the legal status or a ruling of a court or a decision, guideline, recommendation or other binding an act of BONBYTE TECHNOLOGY, issued by a public administration authority imposes a recommendation or obligation on BONBYTE TECHNOLOGY to change the content of the Terms of Use and cannot justify a change in the Terms of Use that is not necessary to perform this obligation or recommendation and at the same time goes beyond this obligation or recommendation. In such a case, BONBYTE TECHNOLOGY will amend the Terms of Use to the extent necessary for the correct implementation of the recommendations or the obligation referred to above.

BONBYTE TECHNOLOGY shall inform the User of an amendment to the Terms of Use and the effective date of the amendment. 

BONBYTE TECHNOLOGY informs the User of the changes by e-mail to the email address provided by the User.

XII. WITHDRAWAL FROM THE CONTRACT

In the event of withdrawal from the Contract with BONBYTE TECHNOLOGY, it shall be deemed not to have been concluded and the User shall be released from all obligations. The User shall not bear any costs associated with the withdrawal. What the parties have provided (with the exception of provided On-Ramp and Off-Ramp services and fees and commissions for On-Ramp and Off-Ramp services) shall be returned, within 30 days:

  1. from withdrawing from the Contract - in the case of User benefits or

  2. from receipt of the declaration of withdrawal - in the case of BONBYTE TECHNOLOGY benefits.

The User shall pay for the Services performed by BONBYTE TECHNOLOGY until the withdrawal from the Contract. The withdrawal has no effect on the On-Ramp and Off-Ramp services performed, ordered by the User up to the moment of withdrawal from the Contract.

XIII. LIABILITY

BONBYTE TECHNOLOGY shall not be liable or responsible for losses or damages sustained by the User as direct or indirect result from usage of the Services.

The User may not withdraw from the Contract, if the Services are provided free of charge or in exchange for the payment of a price, and the lack of compliance of the Service with the Contract is immaterial.

Any chargeback resulting from the use of the User’s account or Services may result in an immediate suspension and/or restriction of the User’s account and Services.

In the event the User’s account is suspended and/or restricted due to a chargeback, the User may be required to reimburse BONBYTE TECHNOLOGY for the full value of the chargeback, including any amounts that are owing to BONBYTE including any applicable fee, in order to reactive the User’s account and Services provided.

The User is liable for any credited amounts in case of a chargeback, and the User authorises and grants BONBYTE TECHNOLOGY the right to deduct costs and fees directly from any assets in the User’s account without notice.

The User agrees that BONBYTE TECHNOLOGY shall not incur any liability if BONBYTE TECHNOLOGY is unable to complete any transaction for any reason including but not limited to because of: 

  1. fluctuations in the market value of the Virtual Currencies. 

  2. any delays or other circumstances caused by any pending or failed transfers; or

  3. any errors or any direct or indirect actions taken by the User, that result in a mistaken or accidental transfer.

In addition, we shall not incur any liability for any delay in effectuating a transfer, regardless of the reason for that delay.

XIV. FINAL PROVISIONS

The User shall be fully liable for the consequences of any Orders given in the Account.. BONBYTE TECHNOLOGY's liability is entirely excluded if the User's damage is due to force majeure or the application of legal provisions, including decisions of the competent public administration authorities.

Pre-contractual relations and the Contracts shall be governed by Polish law.

The language of the Contract as well as the language of communication between BONBYTE TECHNOLOGY and the User shall be in English.

BONBYTE TECHNOLOGY does not provide advisory services in the field of Virtual Currencies, including the scope of making investments in Virtual Currencies or the suitability of Virtual Currencies for a given purpose. The fact that BONBYTE TECHNOLOGY provides Services in relation to a particular Virtual Currency does not in any way mean that BONBYTE TECHNOLOGY endorses or encourages the use or purchase of that Virtual Currency.

In the event of a change in the data provided to BONBYTE TECHNOLOGY, including contact details, the User shall inform BONBYTE TECHNOLOGY immediately, no later than within 7 days of the change occurring. If the User does not inform BONBYTE TECHNOLOGY of the change of the e-mail address specified within the period specified in the previous sentence, BONBYTE TECHNOLOGY will send all information and documents to the User and contact the User in accordance with the previously specified address. BONBYTE TECHNOLOGY may also suspend the provision of the Services to the User until the data is updated.

If individual provisions of the Contract, including the Terms of Use, are found to be invalid or ineffective in whole or in part for any reason, the other provisions shall remain in effect.

Terms of Use

Last updated December 05, 2023

I. INTRODUCTION

The Terms of Use set out the rules for the provision of the Services by BONBYTE TECHNOLOGY sp. z o.o.., with its registered office in Warsaw, Poland, entered into the Register of Entrepreneurs of the National Court Register (KRS) under entity registration number 0001039417.

BONBYTE TECHNOLOGY sp. z o.o. is entered in the Register of Activities in the Field of Virtual Currencies under number RDWW-795, kept by the Director of the Tax Administration Chamber in Katowice. 

II. DEFINITIONS

The following terms used in the Terms of Use with a capital letter shall be understood as follows:

Contact Details: Contact details where BONBYTE TECHNOLOGY can be contacted:

e-mail: support@wellowallet.com

Order: Any order, instruction or statement, including an order to provide On-Ramp and/or Off-Ramp service, directed by the User to BONBYTE TECHNOLOGY under the Terms of Use or any other regulations applicable between BONBYTE TECHNOLOGY and the User.

Password: A password used, among other things, to identify the User within the Account and to perform other activities as set forth in the Terms of Use.

KC: Act of 23 April 1964. - Civil Code.

User: The person or entity that has entered into the Contract with BONBYTE TECHNOLOGY.

Account: The individual online account of the User in the Website and/or Application, enabling, among other things, submission of Orders and making use of other BONBYTE TECHNOLOGY services.

Application: The mobile application operated and maintained by BONBYTE TECHNOLOGY, available iOS and Android.

Off-Ramp: Service under which the User may sell to BONBYTE TECHNOLOGY Virtual Currencies for legal tender (FIAT).

On-Ramp: Service under which the User may buy from BONBYTE TECHNOLOGY Virtual Currencies for legal tender (FIAT).

Payment Account: The User's payment account, held by the Payment Institution or Electronic Money Institution cooperating with BONBYTE TECHNOLOGY, on which the User must provide funds in order to buy Virtual Currencies under the On-Ramp and Off-Ramp services.

Terms of Use: These Terms of Use.

Website: The BONBYTE TECHNOLOGY website at www.wellowallet.com.

BONBYTE TECHNOLOGY: BONBYTE TECHNOLOGY sp. z o.o., a Virtual Asset Service Provider regulated in Poland, with its registered office in Warsaw.

UAML: Act of 1 March 2018 on Prevention of Money Laundering and Financing of Terrorism.

Contract: The contract governing the provision by BONBYTE TECHNOLOGY of the Services described in these Terms of Use.

Service: The following services that may be provided by BONBYTE TECHNOLOGY:

  1. On-Ramp;

  2. Off-Ramp.

Virtual Currency: A digital representation of a value that is not:

  1. legal tender issued by the National Bank of Poland, foreign central banks or other public administration authorities,

  2. an international unit of account established by an international organisation and accepted by individual countries belonging to or cooperating with that organisation,

  3. electronic money within the meaning of the Act of 19 August 2011 on payment services,

  4. a financial instrument within the meaning of the Act on Trading in Financial Instruments of 29 July 2005,

  5. a bill of exchange, a promissory note or a cheque,

and it may be exchanged for legal tender and accepted as a medium of exchange in economic transactions, and may be stored or transferred electronically or traded electronically.

III. CONCLUSION OF THE CONTRACT

The Contract is concluded on the Website or Application, as part of the Account opening process. The Contract will be considered concluded when BONBYTE TECHNOLOGY informs the User about it on the Website or in a message sent to the User's email address.

In order to conclude the Contract, the potential User shall:

provide all data required by BONBYTE TECHNOLOGY in the process of opening an Account;

  1. accept the Terms of Use and other clauses required during the Account opening process;

  2. enable for BONBYTE TECHNOLOGY to verify their identity and/or that of the persons representing the User in the manner required by BONBYTE TECHNOLOGY;

  3. ensure that the person making any statements on behalf of the User for the purpose of concluding the Contract is authorised to do so.

  4. Before concluding the Contract and also during the term of the Contract, BONBYTE TECHNOLOGY may request the User:

Before concluding the Contract and also during the term of the Contract, BONBYTE TECHNOLOGY may request the User:

  1. to confirm the data provided, including by sending the relevant documents;

  2. to enable for BONBYTE TECHNOLOGY to verify the identity of the User and/or of the persons representing the User, including through the tools indicated by BONBYTE TECHNOLOGY;

  3. to provide additional documents or information, in particular those necessary to verify the User's identity and fulfil obligations under UAML.

All information and data provided to BONBYTE TECHNOLOGY before and during the term of the Contract, including for the purpose of executing the On-Ramp and/or Off-Ramp service, shall be truthful and not misleading.

The Contract may also be concluded in a manner other than that described in this Section III of the Terms of Use if BONBYTE TECHNOLOGY so agrees with the given User.

The Terms of Use and other documents that BONBYTE TECHNOLOGY must provide to the User in accordance with the law will be sent:

  1. in electronic form to the e-mail address provided by the User; and/or 

  2. in writing to the User's home address or correspondence address; and/or

  3. by any other means specified in the User’s Account or on the Website. In addition, the documents indicated above may be made available in the Account.

In addition, the documents indicated above may be made available in the Account.

The Contract is concluded for an indefinite period.

The User acknowledges that by entering into this contract that the value of Virtual Currencies can be volatile and the risk of loss from trading or holding Virtual Currencies can be substantial. The User should therefore carefully consider whether trading or holding Virtual Currencies is suitable for the User in light of the User’s financial condition. 

It is important that the User fully understand the risks involved before making a decision to enter into this Contract and use the Services.

IV. ACCOUNT

An account is made available to the User upon conclusion of the Contract and for the duration of the Contract. Access to and use of the Account is free of charge, and the User does not have to pay any fee for access to and use of the Account, except for the provision of personal data necessary for the performance of the Contract. However, BONBYTE TECHNOLOGY may introduce fees for accessing the Services, all of which will be displayed when finalising an Order and shall be acknowledged and accepted by the User prior to the completion of the Service.

The User may use the Account to send enquiries, information and documents to BONBYTE TECHNOLOGY, to receive information and documents from BONBYTE TECHNOLOGY, to contact BONBYTE TECHNOLOGY, to make Orders, including Orders regarding On-Ramp and Off-Ramp service, have a view of the Payment Account balance and to use other functions made available in the Account. 

The User may not use the Account to provide third parties with Services or services similar to those provided by BONBYTE TECHNOLOGY.

In order to complete the Account registration process, the User shall either:

  1. Create the Account through the dedicated registration page by providing an email address or telephone number associated with the User. The User shall receive a verification code to the email address or telephone number provided and shall input the verification code on the registration portal in order to complete the process; or

  2. Register an account through a supported third-party account associated with the User through open authentication (oAuth), supported methods include:

    • Google;

    • Apple (iOS only)

In regards to oAuth, the User acknowledges that they are required to consent to the Terms of Use provided by the third parties listed above. The oAuth service is an independent third party service and BONBYTE TECHNOLOGY shall have no responsibilities or liabilities in relation to damages incurred by the User for utilising oAuth or  the functionality of oAuth.

In regards to oAuth, the User acknowledges that they are required to consent to the Terms of Use provided by the third parties listed above. The oAuth service is an independent third party service and BONBYTE TECHNOLOGY shall have no responsibilities or liabilities in relation to damages incurred by the User for utilising oAuth or  the functionality of oAuth.

The User shall be liable for the consequences of any Orders given in its Account, including by unauthorised persons. The User, who is a consumer within the meaning of the KC, shall not be burdened by the consequences of Orders given by unauthorised persons, if they were given and executed through BONBYTE TECHNOLOGY's fault.

The User shall in particular be burdened with the consequences of Orders given:

  1. by persons to whom the User has provided data necessary to use the Account or give Orders;

  2. by unauthorised persons, irrespective of how the unauthorised persons have obtained the data necessary for giving the Order;

  3. as a result of a breach by the User of the security rules set out in the Website, in the Account or in other recommendations made available by BONBYTE TECHNOLOGY;

  4. as a result of non-performance or improper performance by the User of its obligations under the Contract, the Terms of Use or the law;

  5. by the User in accordance with the Terms of Use or the functions of the Account.

It is prohibited to provide content of an unlawful nature through the Account. It is not permissible to use the Account in a manner that enables or aims at unauthorised access to the BONBYTE TECHNOLOGY IT system, the introduction of malicious software into it or the prevention or disruption of its proper functioning.

V. ORDERS

BONBYTE TECHNOLOGY shall accept to execute the Orders correctly drawn up and submitted to BONBYTE TECHNOLOGY. Giving of an Order in the Account is made by approving the relevant details such as the relevant fees, price and exchange rate of Virtual Currencies indicated by BONBYTE TECHNOLOGY, with the appropriate button. BONBYTE TECHNOLOGY may require additional actions to be performed in order to approve a given Order.

BONBYTE TECHNOLOGY may refuse to carry out an Order that does not meet the requirements set out in the Terms of Use or in the Website, Application or Account, as well as in situations set out in the provisions of applicable law, including in the following cases:

  1. the User has failed to provide Virtual Currencies or funds (FIAT) to execute the Order,

  2. there are irregularities in the content of the Order which make its execution impossible,

  3. a threat to the security of Virtual Currencies or the Account,

  4. suspected unauthorised use of the Account,

  5. failure to update data or the identity document of the User or its representatives,

  6. in the cases specified in the UAML rules

  7. the order applies to Virtual Currencies not supported by BONBYTE TECHNOLOGY under On-Ramp and Off-Ramp service.

If BONBYTE TECHNOLOGY refuses to execute the Order, it will inform the User, unless this is contrary to law. 

VI. ON-RAMP AND OFF-RAMP

In order to perform the On-Ramp service, the User must in the Account:

  1. indicate the Virtual Currency they wants to buy and its quantity; 

  2. indicate the legal tender (FIAT) currency for which he wants to buy the Virtual Currency; 

  3. indicate the wallet to which the bought Virtual Currencies are to be transferred; 

  4. accept the price and exchange rate of Virtual Currencies indicated by BONBYTE TECHNOLOGY; 

  5. deposit legal tender (FIAT) for the purchase of Virtual Currencies to the account indicated by BONBYTE TECHNOLOGY. Legal tender (FIAT) may be transferred from a Payment Account or by any other means acceptable to BONBYTE TECHNOLOGY.

If the User does not provide legal tender (FIAT) at the agreed time, BONBYTE TECHNOLOGY may refuse to perform On-Ramp service or perform it at the other exchange rate applied by BONBYTE TECHNOLOGY at the time of receipt of the legal tender (FIAT). 

In order to perform the Off-Ramp service, the User must in the Account:

  1. indicate the Virtual Currency he wants to sell and its quantity; 

  2. indicate the legal tender (FIAT) currency for which he wants to sell the Virtual Currency; 

  3. indicate the payment account to which the funds are to be transferred (FIAT). BONBYTE TECHNOLOGY may enable the indication only of the User's Payment Account held by a Payment Institution or Electronic Money Institution cooperating with BONBYTE TECHNOLOGY; 

  4. accept the price and exchange rate of Virtual Currencies indicated by BONBYTE TECHNOLOGY; 

  5. deposit the sold Virtual Currencies into the wallet indicated by BONBYTE TECHNOLOGY.

If the User does not provide Virtual Currencies at the agreed time, BONBYTE TECHNOLOGY may refuse to perform Off-Ramp service or perform it at the other exchange rate applied by BONBYTE TECHNOLOGY at the time of receipt of the Virtual Currencies.

BONBYTE TECHNOLOGY shall display the estimated time of transfer of the Virtual Currencies or legal tender (FIAT) owed to the User under the On-Ramp or Off-Ramp service. The User acknowledges the transfer of the Virtual Currencies or legal tender (FIAT) owed to the User is performed on a good faith efforts basis under the provision of the On Ramp or Off Ramp Service and that external factors such as blockchain network congestions, bank working hours and bank holidays may result in the delay of the Order.

BONBYTE TECHNOLOGY shall not accept cash for sold Virtual Currencies. BONBYTE TECHNOLOGY shall not pay cash for bought Virtual Currencies.

The User may give an Order to perform a On-Ramp or Off-Ramp service only in the Account.

On-Ramp or Off-Ramp service may only be Ordered in Virtual Currencies or in the FIAT currencies indicated on the Website.

If the transfer of legal tender (FIAT) from the User to BONBYTE TECHNOLOGY or from BONBYTE TECHNOLOGY to the User is necessary for the performing of an On-Ramp or Off-Ramp service, the processing and/or transfer of such funds shall be carried out by a separate third party entity duly authorised to be a payment service provider. BONBYTE TECHNOLOGY is not a licenced payment service provider and shall not provide payment services as defined by law. 

When ordering an On-Ramp or Off-Ramp service, the User is obliged to provide all the data required in the Account.

VII. FEES

BONBYTE TECHNOLOGY charges fees or commissions for providing the Services, all of which is displayed to the User during the transaction process, outlining the relevant fees and/or commission towards each Order. Prior to the execution of the Order, each transaction will require the User to approve the overall fee quoted in the transaction page.

Fees or commissions payable to BONBYTE TECHNOLOGY may be payable by deduction from the Virtual Currencies or funds to be transferred to the User by BONBYTE TECHNOLOGY as part of the On-Ramp or Off-Ramp service or by payment thereof to the account or wallet of BONBYTE TECHNOLOGY indicated on the Website, Application or in Account. BONBYTE TECHNOLOGY's prior declaration of deduction is not required.

In the event that a User using the BONBYTE TECHNOLOGY Services is in arrears with payment of fees or commissions, BONBYTE TECHNOLOGY may refuse to provide the Services to that User until the arrears are settled.

VIII. SECURITY

The Login, Account password and Account may only be used by the User. The User may not disclose their private key to third parties.

The User must use the Account and BONBYTE TECHNOLOGY Services in accordance with the provisions of these Terms and Conditions and must take the necessary measures to prevent a breach of the individual security measures of the Account, including the storage of the login, password to the Account and other data enabling the giving of an Order with due diligence and not to make them available to unauthorised persons. 

In the event that the User ascertains or suspects that the Account, login and/or password to the Account, have been or may have been accessed by an unauthorised person, including as a result of their loss, theft or misappropriation, the User shall immediately report these circumstances to BONBYTE TECHNOLOGY and give an Order to block the Account. The notification shall be made to BONBYTE TECHNOLOGY Contact Details.

The User shall comply with the following security rules relating to the use of the Account:

  1. verify the correctness of the login address to the Account each time and check whether the browser does not display any warnings related to the security certificate;

  2. read the Order carefully;

  3. not to confirm Orders that have not been ordered by the User and to immediately inform BONBYTE TECHNOLOGY of receipt of a message requesting confirmation of such an Order;

  4. keep their operating system and browser up to date;

  5. use only devices with installed and updated anti-virus software;

  6. not use untrusted devices to log in to Account or devices on which other users are logged in;

  7. not use public Wi-Fi networks to log into Account;

  8. do not open attachments or links from suspicious e-mails or text messages (with errors, typos, grammatical mistakes, from a different address than the official one, from unknown persons or organisations);

  9. read and comply with the BONBYTE TECHNOLOGY information on risks that BONBYTE TECHNOLOGY posts on the Service;

  10. interrupt the login process to the Account if the login process deviates from the normal procedure (e.g. takes significantly longer, additional windows appear or requests for additional data) and immediately inform BONBYTE TECHNOLOGY;

  11. not to disclose to third parties or save data used to log in to the Account,

  12. not to make available to third parties the devices which the User uses to log in to the Account.

BONBYTE TECHNOLOGY shall be entitled to block the Account and/or On-Ramp and/or Off-Ramp services in whole or in part:

  1. for legitimate reasons relating to the security of BONBYTE TECHNOLOGY or User’s Account;

  2. in connection with the suspected unauthorised use of the User’s Account;

  3. in the event that the User used or is willing to use the Account and/or BONBYTE TECHNOLOGY services for illegal activities, in particular if the User violates the provisions of the UAML;

  4. in the event that the User fails to provide BONBYTE TECHNOLOGY with the information or documents necessary for BONBYTE TECHNOLOGY to perform its obligations under the UAML;

  5. where the obligation to block arises from the law or from a decision of a public administration authority.

  6. BONBYTE TECHNOLOGY shall inform the User in the Account that the Account have been blocked before it is blocked or, if this is not possible, immediately after it is blocked, unless notification is prohibited by law or notification would be unreasonable for security reasons. 

The User can make an unblocking request by writing or calling BONBYTE TECHNOLOGY Contact Details.

Once the reasons for the blocking cease to exist, BONBYTE TECHNOLOGY will unblock access to the Account, of which it will inform the User in the Account.

IX. COMPLAINTS AND DISPUTE RESOLUTION

  1. The User may send a complaint to the BONBYTE TECHNOLOGY e-mail address given in the Contact Details

The complaint should contain the name and surname of the User and a description of the reason for the complaint.

BONBYTE TECHNOLOGY shall consider the complaint as soon as it is received, but no later than within 14 working days of receipt.

In particularly complicated cases, making it impossible to consider the complaint, BONBYTE TECHNOLOGY may request additional information or documents. Failure to provide such information or documents shall not be an obstacle to reply to the complaint.

BONBYTE TECHNOLOGY replies to complaints:

  1. to the correspondence address provided by the User; or

  2. to the electronic address provided by the User; or

  3. on another durable medium.

The User or the person to whom the conclusion of the Contract has been refused, being a consumer, has the right to make use of out-of-court settlement of disputes:

  1. by the locally competent Municipal Consumer Ombudsman or District Consumer Ombudsman;

  2. concerning a contract concluded via the Internet or any other electronic channel, via the ODR platform operating in the countries of the European Union, available on the website at http://ec.europa.eu/consumers/odr/

The court competent to settle disputes related to the conclusion and performance of the Contract concluded with:

  1. User who is a consumer within the meaning of Article 22 of the KC - is a court with local jurisdiction, determined in accordance with the provisions of the Code of Civil Procedure;

  2. The User who is not a consumer within the meaning of Article 22 of the KC - is the competent local authority for the registered office of BONBYTE TECHNOLOGY.

X. TERMINATION

The User may terminate the Contract at any time by providing BONBYTE TECHNOLOGY with a Notice of Terminate of the Contract. The User agrees that in the event of a Termination, the User authorises BONBYTE TECHNOLOGY to cancel or suspend any pending Orders at the time of cancellation, and to deduct any outstanding amounts from the User’s Account that the User owes to BONBYTE TECHNOLOGY.

Notice of termination of the Contract:

  1. the User shall send to BONBYTE TECHNOLOGY's email address as specified in BONBYTE TECHNOLOGY's Contact Details;

  2. BONBYTE TECHNOLOGY shall send to the User's e-mail address.

BONBYTE TECHNOLOGY may only terminate the Contract for one or more of the following valid reasons:

  1. the User used or attempted to use the Account, BONBYTE TECHNOLOGY services or the software made available to the User by BONBYTE TECHNOLOGY, to commit a criminal offence or any other unlawful act;

  2. the User provided false information for the purpose of concluding a Contract with BONBYTE TECHNOLOGY;

  3. the User provided false information for the purposes of the On-Ramp and/or Off-Ramp service;

  4. the User has not used the Account for at least 6 months prior to receiving the notice of termination;

  5. the User has not used the On-Ramp and Off-Ramp service for at least 6 months prior to receiving the notice of termination;

  6. the User is at least 30 days late in paying any amounts due to BONBYTE TECHNOLOGY under the Contract;

  7. BONBYTE TECHNOLOGY decides to close the Website (in which case all Users will receive a notice of termination from BONBYTE TECHNOLOGY);

  8. the User has intentionally or with gross negligence used BONBYTE TECHNOLOGY services for illegal purposes;

  9. BONBYTE TECHNOLOGY cannot execute the financial security measures referred to in the UAML against the User.

  10. BONBYTE TECHNOLOGY cannot continue to service the User due to changes in the regulatory framework.

  11. the User owe amounts to BONBYTE TECHNOLOGY that are not satisfied, whether due to a chargeback or on any other basis;

After termination of the Contract, the User will lose access to the Account. In the event the User requests for Account information after the termination of the Account, the User shall contact support@wellowallet.com outlining the information required. BONBYTE TECHNOLOGY shall review each request on a case by case basis.

XI. AMENDMENT TO THE TERMS OF USE OR SERVICE FEES

BONBYTE TECHNOLOGY shall be entitled to unilaterally amend the Terms of Use if at least one of the following valid reasons occurs: 

  1. a change in the legal situation necessitating in the Terms of Use amendment;

  2. issuance of a ruling of a court of law or issuance of a decision, guideline, recommendation or other binding act of BONBYTE TECHNOLOGY by a public administration body, resulting in the necessity to introduce changes;

  3. the introduction of new products or services, whereby the change may only relate to the introduction of provisions or changes to provisions relating to these products or services, the use of such products or services will not be compulsory for the User, and the User will not be charged for not using them,

  4. BONBYTE TECHNOLOGY's improvement of existing functions or services provided in order to increase the level of security, protection of personal data or to improve the usability of the functions and services provided by BONBYTE TECHNOLOGY, but the change can only concern the introduction of provisions or changes to provisions related to these functions or services, 

  5. resignation from some functions or services or change of existing functions or services provided by due to further inability to provide a given service in the current form or to make the function available in the current form, caused by withdrawal of the service from BONBYTE TECHNOLOGY's offer, changes in BONBYTE TECHNOLOGY's IT systems, an increase in the cost of providing a given service by at least 10% compared to the previous year, or termination of BONBYTE TECHNOLOGY's contract with the entity whose services BONBYTE TECHNOLOGY used to provide a given service or make a given function available, whereby the change may only relate to the introduction, removal or amendment of provisions related to these functions or services,

  6. changes in BONBYTE TECHNOLOGY operational or business processes or in the IT systems that require the Terms of Use amendment,  

  7. the need to clarify provisions or make editorial changes which do not adversely affect the content of the User's rights and obligations.

BONBYTE TECHNOLOGY is entitled to change the amount of fees and/or commissions. The amount of fee and/or commissions in relation to the On Ramp and Off Ramp Services will be made available to the User on the dedicated transaction page, in which the User is required to acknowledge and approve the associated fees to execute an Order. The User acknowledges that the fee and/or commissions may fluctuate due to external factors such as changes in fees imposed by third party payment services providers.

Changes to the Terms of Use for valid reasons referred to in points XII.1.a, XII.1.b XII.2.c and XII.2.f may only take place to the extent that such a change in the legal status or a ruling of a court or a decision, guideline, recommendation or other binding an act of BONBYTE TECHNOLOGY, issued by a public administration authority imposes a recommendation or obligation on BONBYTE TECHNOLOGY to change the content of the Terms of Use and cannot justify a change in the Terms of Use that is not necessary to perform this obligation or recommendation and at the same time goes beyond this obligation or recommendation. In such a case, BONBYTE TECHNOLOGY will amend the Terms of Use to the extent necessary for the correct implementation of the recommendations or the obligation referred to above.

BONBYTE TECHNOLOGY shall inform the User of an amendment to the Terms of Use and the effective date of the amendment. 

BONBYTE TECHNOLOGY informs the User of the changes by e-mail to the email address provided by the User.

XII. WITHDRAWAL FROM THE CONTRACT

In the event of withdrawal from the Contract with BONBYTE TECHNOLOGY, it shall be deemed not to have been concluded and the User shall be released from all obligations. The User shall not bear any costs associated with the withdrawal. What the parties have provided (with the exception of provided On-Ramp and Off-Ramp services and fees and commissions for On-Ramp and Off-Ramp services) shall be returned, within 30 days:

  1. from withdrawing from the Contract - in the case of User benefits or

  2. from receipt of the declaration of withdrawal - in the case of BONBYTE TECHNOLOGY benefits.

The User shall pay for the Services performed by BONBYTE TECHNOLOGY until the withdrawal from the Contract. The withdrawal has no effect on the On-Ramp and Off-Ramp services performed, ordered by the User up to the moment of withdrawal from the Contract.

XIII. LIABILITY

BONBYTE TECHNOLOGY shall not be liable or responsible for losses or damages sustained by the User as direct or indirect result from usage of the Services.

The User may not withdraw from the Contract, if the Services are provided free of charge or in exchange for the payment of a price, and the lack of compliance of the Service with the Contract is immaterial.

Any chargeback resulting from the use of the User’s account or Services may result in an immediate suspension and/or restriction of the User’s account and Services.

In the event the User’s account is suspended and/or restricted due to a chargeback, the User may be required to reimburse BONBYTE TECHNOLOGY for the full value of the chargeback, including any amounts that are owing to BONBYTE including any applicable fee, in order to reactive the User’s account and Services provided.

The User is liable for any credited amounts in case of a chargeback, and the User authorises and grants BONBYTE TECHNOLOGY the right to deduct costs and fees directly from any assets in the User’s account without notice.

The User agrees that BONBYTE TECHNOLOGY shall not incur any liability if BONBYTE TECHNOLOGY is unable to complete any transaction for any reason including but not limited to because of: 

  1. fluctuations in the market value of the Virtual Currencies. 

  2. any delays or other circumstances caused by any pending or failed transfers; or

  3. any errors or any direct or indirect actions taken by the User, that result in a mistaken or accidental transfer.

In addition, we shall not incur any liability for any delay in effectuating a transfer, regardless of the reason for that delay.

XIV. FINAL PROVISIONS

The User shall be fully liable for the consequences of any Orders given in the Account.. BONBYTE TECHNOLOGY's liability is entirely excluded if the User's damage is due to force majeure or the application of legal provisions, including decisions of the competent public administration authorities.

Pre-contractual relations and the Contracts shall be governed by Polish law.

The language of the Contract as well as the language of communication between BONBYTE TECHNOLOGY and the User shall be in English.

BONBYTE TECHNOLOGY does not provide advisory services in the field of Virtual Currencies, including the scope of making investments in Virtual Currencies or the suitability of Virtual Currencies for a given purpose. The fact that BONBYTE TECHNOLOGY provides Services in relation to a particular Virtual Currency does not in any way mean that BONBYTE TECHNOLOGY endorses or encourages the use or purchase of that Virtual Currency.

In the event of a change in the data provided to BONBYTE TECHNOLOGY, including contact details, the User shall inform BONBYTE TECHNOLOGY immediately, no later than within 7 days of the change occurring. If the User does not inform BONBYTE TECHNOLOGY of the change of the e-mail address specified within the period specified in the previous sentence, BONBYTE TECHNOLOGY will send all information and documents to the User and contact the User in accordance with the previously specified address. BONBYTE TECHNOLOGY may also suspend the provision of the Services to the User until the data is updated.

If individual provisions of the Contract, including the Terms of Use, are found to be invalid or ineffective in whole or in part for any reason, the other provisions shall remain in effect.