GENERAL TERMS AND CONDITIONS

These GTC are part of the Virtual Assets Exchange Framework Agreement (the “VASP Agreement”), and along with the Privacy Policy, and any other terms and conditions that apply to our services, form a binding legal agreement (the "Agreement") between:

• you, the E-PLANET P.S.A. Client (the "Client"); and

• us, E-PLANET P.S.A. (the "Provider") (a company registered in Poland with a company number 525076175 and with its registered office /headquarters /correspondence address at str. 28 Czerwca 1956 R., nr 223/229, 106, ZIP 61-485, Poznan, Poland, with authorisation to provide virtual assets and related services), concluded in the manner specified in Section 2 (Agreement Conclusion) of these GTC.

It is necessary that you familiarise yourself with these GTC before you start using any of our Services. You might find it helpful to contact us using the methods listed on our Website.

SPECIAL NOTE:

• Our services are intended and are to be used solely by Clients - natural persons (both consumers and entrepreneurs) or legal entities, who, respectively, are residents, are incorporated or have their real seat in the country where trading virtual assets is legal and not prohibited or restricted. It is your responsibility to follow those rules and the laws of your country of residence /incorporation and /or country from which you access our Website and /or our Services.

• The provisions of these GTC apply to both natural persons and legal entities.

• We comply with applicable laws and policies in the area of anti-money laundering regulations (the "AML rules"). Please note that in certain circumstances, in order to meet our legal and regulatory requirements, we may be unable to provide certain Services under the Agreement. Should this be the case in a given situation, we will inform you respectively in a timely manner. Further, to meet our legal and regulatory requirements, we may sometimes need to ask for more information about you. Please provide such information as may be required promptly, so that there is no disruption to our Services provided to you.

• The Website (as defined below in Section 1 (Definitions)) exists in both English and any other language version available to you at a given time. If you do not understand the language in which any part of the Website / Services are presented to you, please contact us before using our Services.

1. DEFINITIONS

• Website means the Provider's website at e-planet.io and /or at its subdomains;

• AML/CFT procedures refer to measures taken by the Provider regarding the Client at any stage of Order execution to combat money laundering (AML - Anti-Money Laundering) and the financing of terrorism (CFT - Counter Financing of Terrorism). These procedures may include, but not limited to, Client’s identification, Know Your Customer procedure, Client’s due diligence as well as reporting of suspicious activities.

• Services refer to exchange between virtual assets and fiat currencies; exchange between different forms of virtual assets; transfer of virtual assets, and other services related to the offer and /or sale of virtual assets.

• Order means each transmission of the order for purchase or sale of a cryptocurrency sent by the Client to the Provider, set forth in Section 3 of the VASP Agreement setting forth, among other things, type of transaction, cryptocurrency type.

• Virtual asset is a digital representation of value that can be digitally traded, transferred and used for payment and /or other purposes, and at the same time it is an electronically storable or transferable unit within the meaning of Poland act. on Selected Measures against Legitimisation of Proceeds of Crime and Financing of Terrorism (the “AML Act”). In the text of these GTC, virtual asset may also be referred to as a “cryptocurrency”;

• Business Day means a day other than a Saturday, Sunday or a public holiday in the Poland;

• Client means an individual /natural person (whether a consumer or a sole trader), or a corporate customer who has successfully registered and been granted an Account;

• Partner provider means any entity with which the Provider has established contractual business relationship with the aim to provide the Client with the Services available through the Website. Irrespective of such arrangements, the Provider shall remain your responsible service provider (except when you are asked to enter into a contract with a 3rd party);

• Affiliated persons are all entities in which the Provider exercises influence or which exercises influence over the Provider, either directly or indirectly.

• Intellectual Property means patents, rights to inventions, publishing and copyrights, rights in software, trademarks, business, trade names and domain names, rights in goodwill and the right to sue for infringement and passing off, rights to designs, database rights, rights to use, and protect the confidentiality of confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

2. AGREEMENT CONCLUSION

• The Agreement between the Client and the Provider shall be deemed concluded, and hence shall become legally binding on both parties, when the Client enters into the VASP Agreement with the Provider, successfully passes the AML/CFT procedures and receives the approval of the AML/CFT procedures from the Provider. Clients agree to comply with these GTC, as well as acknowledge and agree to comply with the Privacy Policy, and any other legally binding documents referred to in these GTC and available on the Website.

• Upon entering into the VASP Agreement with the Provider, the Client confirms their acceptance of these GTC, acknowledges and agrees to be bound by them and also agrees to be bound by the Privacy Policy, and any other legally binding documents referred to in these GTC and available on the Website.

• For more details about VASP Agreement please contact us at: info@e-planet.io.

3. OTHER SERVICES

• Without prejudice to the provisions of these GTC and / or the VASP Agreement, the Provider may make other Services available to the Client through the Website which will be offered (provided) by a Partner provider or Affiliated persons.

• The Provider reserves the right to add, modify or remove any Service offered (provided) through the Website, either directly by the Provider or by a Partner provider or Affiliated persons via the Website, if any, at any time, as its sole discretion.

• You can request other services by contacting us at: info@e-planet.io. You will then be redirected to the relevant partner (portal) through which these other services will be provided.

• Therefore, please note that not all services listed on the Website are provided directly by the Provider.

4. FEES AND CHARGES

• We reserve the right to change fees for the Services at our discretion.

• We will disclose the amount of fees we will charge you for a given Service at the time that you access the Service, before you submit the Order to us. Please also note that in case of exchange between different forms of assets (for example, exchange of one cryptocurrency to another), the Service fee for such a transaction, payable by the Client to the Provider, will already be included in the exchange rate, that is, in the final amount of the cryptocurrency you will receive as a result of such exchange transaction.

• You agree to pay the Provider the fees for any given Service.

• The Provider may change the Fee structure at any time (including adding new fees for new Services) and reserves the right to do so at its sole discretion. The Provider will notify you about any changes in Fee structure.

• Fees are paid in a virtual currency and /or funds that correspond to the respective Service.

5. EXCHANGE RATES

• Each purchase or sale of a virtual asset is also subject to the Exchange rate for the given transaction. The Exchange Rate means the price of a given supported virtual asset in fiat currency (virtual asset-to-fiat transactions), if any, and the price of a given supported virtual asset to other supported virtual asset (virtual asset-to-virtual asset transactions) as quoted on the Order. Exchange Rate is stated either as a “Buy Price” or as a “Sell Price”, which is the price at which you may buy or sell virtual assets, respectively.

• You explicitly acknowledge that the Buy Price Exchange Rate may differ from the Sell Price Exchange Rate at any given time, and that we might add a margin or “spread” to the quoted Exchange Rate. You agree to accept the Exchange Rate (including added margin or “spread”) when you authorise a transaction (submit an Order). The Service fee for an exchange transaction, payable by the Client to the Provider, will already be included in the exchange rate, that is, in the final amount of the cryptocurrency you will receive as a result of such exchange transaction. We do not guarantee the availability of any Exchange Rate nor do we guarantee that you will be able to buy or sell your virtual asset on the market at any particular price or time.

• You shall stop using the Service if you disagree on the above-mentioned changes, modifications, or fee changes, if any. Services shall be paid in currency of the transaction set in the Order.

6. RISKS OF TRADING VIRTUAL ASSETS

• Any kind of trading of virtual assets and virtual currencies involves significant risk. The value of virtual assets /currencies has high volatility (value can increase and decrease significantly in a very short period of time and at any given moment). Such price fluctuations bring uncertainty. The value of a virtual currency and collapse in demand may be influenced by many factors, including irrational (or rational) bubbles, loss of confidence in the virtual currency, changes in software development, government decisions, creation of a competitive currency, technical problems, political or non-political statements, statements of influencers and news and hacker-attacks. Your virtual assets may be lost by losing your password or other security codes.

• There are also other potential risks that may not be foreseen in these GTC or the VASP Agreement. Virtual currencies have special risks that are not generally shared with the official currencies, because they are not issued by governments or with commodities or goods that are tangible or registered in the official registry. Virtual currencies are intangible, decentralised, digital assets, backed by technology and trust. No central bank or other institution can take any measures to protect the value of virtual currency. Virtual currencies are an autonomous and largely unregulated system of firms and individuals issuing currencies. The risk of loss in trading, buying, selling or holding virtual assets can be substantial. You should therefore carefully consider whether trading in virtual assets is suitable for you in light of your financial condition. Be careful to keep your access credentials for yourself and change them on a regular basis.

• The Provider shall not be responsible for any losses caused by transmitting funds from /to bank accounts, or virtual funds to any addresses that are not listed or given to you in the VASP Agreement. In case of uncertainty or suspicious link is given on forums or received by a suspicious account, user or website, please contact us at info@e-planet.io.

• For the avoidance of doubt, we do not provide and will never provide any investment advice in connection with the Services described in these GTC and / or VASP Agreement by ourselves. Any decision to purchase or sell virtual assets is solely your decision and we shall not be liable for any loss suffered. Please note that after you transfer the virtual assets to a certain virtual assets wallet account such transfer cannot be revoked and we do not accept any responsibility for your actions.

7. AML/CFT RULES

• The Provider is authorised to provide virtual assets and related Services.

• There are a number of obligations associated with authorisation, and compliance with the AML Act is one of the most important.

• The Provider has established and follows strict rules for AML/CFT (including KYC procedure) and is fully compliant with the Poland Money Laundering and Terrorist Financing Prevention legislation (the "Act"), and obtained licence on the basis of the full compliance with the rules of the Act.

• The Provider has the right to know the real transaction background and purpose of the Clients who purchase cryptocurrency. Clients shall always provide the real, comprehensive, accurate information required by the Provider; if the Provider has reasonable grounds to suspect that the Client has provided false trading information or identity information, the Provider shall be entitled to not to sell the cryptocurrency.

• NOTE that the Provider has a strict obligation to assess all the transactions from the anti-money laundering and counter-terrorist financing regulations and report the suspicious transactions to the regulator - Polish Financial Supervision Authority (KNF).

8. LIMITATIONS TO USE THE SERVICES

• You agree not to copy, transmit, distribute, sell, licence, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the intellectual property without the explicit written consent of the Provider.

• The name “E-PLANET”, website www.e-planet.io, trademark logotype, images, texts, the content of the Website, Mobile app, graphic design, databases, and corporate identity represent the intellectual property of the Provider. All other brands, product names and company names or trademarks are the property of their respective owners. All the above belongs to the Provider and is its sole property, including all the material rights on the texts, graphics, content, trademarks, databases, etc. created by third party contractors, employees, consultants of the Provider, and other Partner providers. By accepting these GTC you agree that all the above stated is protected by copyrights, trademarks or other respective intellectual property rights.

• The Provider reserves the right to investigate all violations of these GTC and the VASP Agreement, threats and unauthorised use of the Website, and will act accordingly and in a manner that is considered appropriate, including, among other things, reporting on the suspicion of illegal activities to the competent law enforcement authorities, the regulator or other authorised third parties. If necessary and bound by the law, the Provider will disclose all the relevant information to the above-stated authorities, including personal names, emails, IP address, search history, etc. You also acknowledge that you will not perform any activities that would, at our discretion, constitute or represent a disproportionate and excessive burden on our Website and related infrastructure.

9. CLIENTS OBLIGATIONS

• Clients shall respect and follow these GTC, provisions of the VASP Agreement and any other legal documents referred to herein and available on the Website, as well as other rules for trading virtual assets. Clients are obliged to act truly and transparently when completing the KYC procedure. Clients shall not, by any means, use Services to endanger national security, security of people or disclose state secrets.

• Clients are responsible to determine what, if any, taxes apply to the trades or transactions they complete via the VASP Agreement, and to report and remit the correct tax to the appropriate tax authority. Clients agree that the Provider is not responsible for determining whether taxes apply to your trades or for collecting, reporting, withholding or remitting any taxes arising from any trades or transactions.

10. DISCLOSURES TO THE AUTHORITIES

• The Provider may share or disclose your personal information with law enforcement, data protection authorities, government officials, authorised financial institutions and other authorities when it is:

  • required by law;

  • compelled by a court order, or other legal procedure;

  • reasonably believed by the Provider that disclosure is necessary to prevent physical harm or financial loss;

  • necessary to report suspected illegal activity and disclosure is justified respectively; or

  • necessary to investigate violations of these GTC, the VASP Agreement, Privacy Policy, or any other documents referred to herein.

• The Provider will disclose all the relevant information to the above stated authorities, including personal names, emails, IP address, search history, etc. Any circumstances identified in the Client’s transactions that are unusual or suspicious or there are characteristics which point to Money Laundering, Terrorist Financing, or an attempt of the same, the Provider shall disclose such behaviour of Clients to the relevant authorities.

• For more information, please contact us at: info@e-planet.io.

11. INTERRUPTION, TERMINATION, RESTRICTION, DISRUPTION AND CHANGE OF SERVICES

• 11.1. The Provider will make its best endeavour to provide Clients with the Service in a timely manner and as soon as possible, however, there are no guarantees that access will be uninterrupted, or that there will not be any delays, failures, errors, omissions, or other impairments of the system or the loss of the transmitted data. While the Provider has made every effort to ensure continuity, speed and security of the Services, we are unable to completely foresee and hedge every legal, technological and other possible risk, including but not limited to force majeure, hacker attack, system instability, virus, flaw in third-party services, act of government and other unforeseen risk that may result in Service interruption, data loss and other losses and risks.

• 11.2. The Provider reserves the right to upgrade, improve or enhance security by taking the Website out of the service – the Provider shall do so as soon as reasonably possible and shall not be held liable for damage that results from the inability of Clients to make transactions. When upgrading the Website, in order to improve user experience or for any other reason whatsoever, the Website might face downtime.

• 11.3. The Provider may change the Service content and /or may also interrupt, suspend or terminate the Service and inform Clients about such cases. The Provider reserves the right to discontinue or terminate the Services provided to you without notice, including in the following cases:

  • If the personal information you have provided is not true, inconsistent with the information at the time of registration or later and failed to provide reasonable proof (please remember, according to the laws or regulations you are obliged to submit the true information);

  • If you violate the relevant laws and regulations or the terms of the VASP Agreement (including these GTC);

  • When required by any law or regulation, as well as the requirements of the competent public and local authorities;

  • When security is or could potentially be compromised;

  • Other circumstances that invoke necessary measures for legal compliance and safety.

12. LIMITATION OF LIABILITY, EXCLUSION OF ANY WARRANTIES AND GUARANTEES

• 12.1. There is no assurance that the market conditions for virtual assets trading will be orderly and stable. Every Client himself /herself should exercise prudence in trading virtual assets (as well as any other assets). Prices can and do fluctuate at any given moment. Due to such price fluctuations, the Client may increase or lose value in virtual assets at any given moment. Any virtual asset or trading position may be subject to large volatility in value and may even become worthless or illiquid. Every Client shall bear any losses resulting from the other Client or Clients’ transaction instruction errors (including but not limited to price, quantity and other factors).

• 11.2. The Provider reserves the right to upgrade, improve or enhance security by taking the Website out of the service – the Provider shall do so as soon as reasonably possible and shall not be held liable for damage that results from the inability of Clients to make transactions. When upgrading the Website, in order to improve user experience or for any other reason whatsoever, the Website might face downtime.

13. INDEMNIFICATION

• 13.1. You agree to indemnify and hold harmless the Provider, its Affiliated persons, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to:

  • ● Your use of, or conduct in connection with, the Website;

  • If you violate the relevant laws and regulations or the terms of the VASP Agreement (including these GTC);

  • Your breach or our enforcement of the VASP Agreement (including these GTC); or

  • Your violation of any Applicable law, regulation, or rights of any third party during your use of the Website. If you are obliged to indemnify the Provider, its Affiliated persons, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these GTC and / or the VASP Agreement, the Provider will have the right, at its sole discretion, to control any action or proceeding and to determine whether the Provider wishes to settle, and if so, on what terms.

  • Other circumstances that invoke necessary measures for legal compliance and safety.

14. CLIENT FEEDBACK AND COMPLAINTS HANDLING PROCEDURE

• 14.1. We are committed to providing our Clients with quality Services and user experience. Hence, should you have any question, matter or complaint that you would like to address to us, please feel free to contact us at: info@e-planet.io.

  Please give us as much information as possible. It will help us investigate your question, matter or complaint as fairly, objectively and quickly as possible. Your feedback is extremely valuable as it allows us to continually improve the Website and our Services.

• 14.2. Our aim is to provide you with a comprehensive and satisfactory response to your inquiry or complaint in a reasonable period of time. At the same time, we will do our best to address your inquiry, and we will work with you to resolve your complaint as quickly as possible.

15. APPLICABLE LAW

• 15.1. The VASP Agreement (including these GTC) shall be governed by and interpreted in accordance with the law of Poland. In case of a dispute, parties may choose to solve it in an amicable manner. We will do our best to provide you with a comprehensive and satisfactory response to your complaint and /or claim, in a reasonable period of time. Thus we encourage you to address all your feedback and /or complaints to us through our Website by contacting us at: info@e-planet.io in order to solve your complaint /claim. Should the dispute not be settled in amicable manner, then the competent Poland courts shall have exclusive jurisdiction to solve it.

16. MISCELLANEOUS

• 16.1. The VASP Agreement (including these GTC) and the Privacy Policy, govern the legal relationship between you and the Provider regarding the use of the Website and our Services. In the event that one of the parties does not exercise its right under these GTC, such conduct of the Provider or Client shall not be considered as a waiver of the right or as a waiver of other rights. The Provider shall not be liable for failure to fulfil its obligations under these GTC, if such failure is the result of any reason beyond the reasonable control of the Provider, which includes, inter alia, force majeure, hacker attacks, mechanical, electoral and communication impairments or deterioration.

• 16.2. If any provision of the VASP Agreement (including these GTC) turns out to be unenforceable or invalid, then that provision shall be limited or eliminated to the minimum extent necessary for the Agreement (including the GTC) to remain in force. Clients will be able to use the Website and the Services in English. Use of Website and the Services in languages other than English, may be limited. The main language of the Website, Services, the Agreement (including these GTC), Privacy Policy and any other legal documents referred to herein and available on the Website is English. In case of an inconsistency between the translations, the English language shall prevail for interpretation.

17. MODIFICATION OF THESE GTC

• 17.1. The Provider reserves the right to change and update these GTC within the Website at any time. We will inform Clients of the changes. It is your responsibility to familiarise yourself with any possible changes. The date of the last GTC is in the document. If you have any questions, please contact us at info@e-planet.io.