Terms and Conditions

Date of the last update of the Terms and Conditions: 01/06/2024

1. General information
1.1. These terms of use ("Terms and Conditions"), as well as any attached schedules (if any), constitute a legally binding agreement between you and P100 sp. z o.o. (limited liability company) with its registered office in Rzeszow, address: 14/2 Adama Matuszczaka Street, Rzeszow Poland, entered into the register of entrepreneurs of the National Court Register kept by the District Court in Rzeszów under number 0000974431, tax information number: 8133879254, e-mail: support@p100.io, telephone: +48 537 615 155 ("P100", "we", "our", "us").
1.2. P100 is registered in the registry of activities related to virtual currencies, kept by the Director of the Tax Administration Chamber in Katowice, Poland, under the number RDWW-392.
1.3. These Terms are at all times available through the P100’s application on the P100’s website: www.p100.io (the “Website”) or provided to the Client on a durable medium upon request.
1.4. You need to know that if you use the App some of the services and/or functionalities offered there are provided by us and some of them by our business partner - Quicko Sp. z o. o. NIP: 5213540295 Tarnowskie Góry, Sienkiewicza 49, 42-600 Tarnowskie Góry, Poland (hereinafter referred to as “QUICKO”). The Services that are offered by us and for which we are responsible to you are set out in section 5.1.1. The rest of the services and/or functionalities offered under the App are provided by QUICKO. Your rights and obligations related to agreement executed with QUICKO related to services and/or functionalities other than Services offered under the App are regulated in a separate agreement as you must execute with QUICKO.
2. Risk warning
2.1. As with any asset, the value of Digital Assets can fluctuate significantly and there is a significant risk of economic loss when purchasing, selling, holding or investing in Digital Assets. Therefore, you should consider whether trading or holding Digital Assets is appropriate for you in relation to your financial situation.
2.2. It is important that you fully understand the risks involved before deciding to use our Services.
2.3. It is up to you to decide whether any investment, investment strategy or related transaction is appropriate for you, in accordance with your personal investment objectives, financial situation and risk tolerance, and you are responsible for any loss or liability related thereto.
2.4. We do not advise that any Digital Assets be bought, earned, sold or owned by you. You should do your own research and consult your financial adviser before deciding to buy, sell or hold any Digital Assets. We are not responsible for decisions you make to buy, earn, sell or hold Digital Assets based on information provided by us, including any losses you may incur as a result of those decisions.
3. Definitions and interpretation
3.1. For purposes of this Terms, the following terms shall have the following meanings, unless the context clearly requires otherwise.
3.2. App - means the mobile application software developed, owned, and made available by us which allow you to access one or more of the Services under these Terms and Conditions, and any and all updates, upgrades, supplements, releases and versions thereof.
3.3. Account – means an account kept on the App for you.
3.4. Adjustments – means any and all refunds, reversals, revokes, chargebacks, Penalties, returns, adjustments, fees, surcharges, expenses, interchange fees and similar fees and assessments, and other payments or amounts due from us and/or QUICKO as a result of your breach of these Terms and Conditions, Regulations and/or any Intermediate Body Scheme Rules (if any).
3.5. Consumer – means any User, who is a natural person and who acts in relation to us for purposes, which are outside trade, business, craft, or profession.
3.6. Digital Assents – means any digital representation of value which is recorded on a cryptographically secured distributed ledger or any similar technology.
3.7. Fee – means fees, surcharges, expenses, interchange fees, and similar fees and assessments, and other amounts due to the Services provided by us that always be presented to you.
3.8. Issuer– shall bear the definition ascribed to it in Schedule 2 Terms and Conditions for the Utility Token "POT", Section 1.1.
3.9. Member User – means an individual who satisfies the criteria set forth in Section 1.1.2. of Schedule 2 (Membership Options).
3.10. Penalties - means any fine and/or amount (including any associated costs) which may be levied on us and/or QUICKO by a court, government authority, Intermediate Body due to breach by you any of these Terms and Conditions, Intermediate Body Scheme Rules, and/or Regulations.
3.11. Privacy and Cookies Policy – means a set of rules regulating the processing of personal data and privacy protection policies implemented by us in relation to the Services. Privacy and Cookies Policy are available at https://p100.io/privacy-policy
3.12. Regular User- means an individual who satisfies the criteria set forth in Section1.1.1. of Schedule 2 (Membership Options).
3.13. Regulations - means any applicable laws, statutes, statutory instruments, acts,regulations, orders, directives and guidelines issued by relevantgovernment, government agencies, regulators, self-regulatory bodiesand trade associations or any other relevant trade or industry bodyrules applicable to you.
3.14. Sanctions - means any financial, economic, or trade sanction or restrictive measures established, applied, imposed, or enforced by government authorities of the European Union, the United Nations Security Council, the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury or the U.S. Department of State or any other competent authority.
3.15. Services - means services described below in section 5.1 of these Terms and Conditions.
4. App, forbidden actions, and placements
4.1. Technical requirement.
4.1.1. The minimum technical requirements necessary to use the App are as follows:
4.1.1.2. mobile phone with Android and/or iOS with Internet access;
4.1.1.3. web browser with support enabled Cookies and JavaScript, for example Mozilla Firefox, Microsoft Edge, Opera, Safari, and Google Chrome;
4.1.2. The minimum technical requirements necessary to use the Website are as follows:
4.1.2.1. computer, laptop, or other devices with Internet access;
4.1.2.2. web browser with support enabled Cookies and JavaScript, for example Mozilla Firefox, Microsoft Edge, Opera, Safari, and Google Chrome;
4.1.2.3. mobile device with Internet access, on which the App is installed.
4.2. Forbidden actions.
4.2.1. The User may not provide content to the App and/or the Website that:
4.2.1.1. causes work disturbance or overloads of online systems, including the App and/or the Website;
4.2.1.2. breaches Regulations;4.2.1.3. violates third-party rights, including copyright, intellectual property rights, or personal rights;
4.2.1.4. is other unlawful content.
4.2.2. The User acknowledges and accepts that the public nature of the Internet and the use of electronic services may entail the risk of obtaining and modifying the User’s data by unauthorized persons as well as “infecting" the online system with various types of software created mainly to cause damage, such as viruses, "worms" or "Trojan horses".
4.3. P100 does not provide paid access to statistics of the App.
4.4. Up-to-date information about the function and purpose of software or data that is not part of the content of the Services, entered into the ICT system used by us are included in Privacy and Cookies Policy.
4.5. P100 monitors the functioning of the App on an ongoing basis in terms of its compliance with these Terms and Conditions, including its security. If P100 provides an update to the App via the appropriate platform from which you downloaded the App (e.g. App Store, Google Play), you are obliged to download and install it within a reasonable time. Failure to install the update may result in damage to you, in particular loss of funds. If you do not install the App update within a reasonable period of time, then P100 may not be liable for damages resulting from your failure to do so.
5. Services
5.1. General provisions.
5.1.1. We provide to you with the following Services:
5.1.1.1. Your Account under which you can hold your data and use our Services (it is not a payment account);
5.1.1.2. Self-custody wallet ("Self-Custody Wallet") that allows you store, manage, and trade Digital Assets;
5.1.1.3. a Digital Asset conversion service under which you may convert Digital Asset into other Digital Asset ("Digital Asset Conversion"); and
5.1.1.4. fiat currency conversion service under which you may convert fiat currency into any type of Digital Asset to be held in your Digital Asset Wallet ("Fiat to DA Conversion");
5.1.1.5. a Digital Asset transfer service under which you may transfer any Digital Asset to another recipient, which may be the Digital Asset Wallet of another User or an external recipient ("Digital Asset Transfer");
5.1.1.6. any incentive programme(s) (including but not limited to any kind of reward, cashback, or referral programmes) that may be launched or offered via the Website, and/or the App from time to time;
5.1.1.7. Newsletter;
5.1.1.8. any other products or services listed in the Schedules (if any), or shown on the App or our official communication channel from time to time.
5.2. Account.
5.2.1. Establishment of legal relationship with us.
The legal relationship between you and us enters into force immediately after you have been onboarded under the KYC process.
5.2.2. Representation and warranties – the natural person (individual).
5.2.2.1. If you are a natural person (individual), you hereby represent, warrant, and undertake that:
5.2.2.1.1. you are least eighteen (18) years old (or have reached another age which allows you pursuant to relevant Regulations to execute legally binding agreements), have full capacity to assume and exercise the rights and obligations regulated in these Terms and Conditions;
5.2.2.1.2. if you act for and on behalf of a third party, you are authorized to assume and exercise the rights and obligations regulated in these Terms and Conditions for and on behalf of such third party; and
5.2.2.1.3. you are and will maintain all necessary licenses, consents, and permissions necessary for the performance of your obligations under these Terms and Conditions (if required by applicable Regulations).
5.2.3. Representation and warranties – legal person.
5.2.3.1. If you are a legal person, you hereby represent, warrant, and undertake that:
5.2.3.1.1. you are a corporation duly organized, validly existing, and in good standing under the laws of your seat, and have the power and authority to engage in the activities that are the subject of these Terms and Conditions, and is pursuing commercial goals;
5.2.3.1.2. these Terms and Conditions constitute a legal, valid, and binding obligation in relation to you, enforceable against you in accordance with applicable Regulations;
5.2.3.1.3. you have and will maintain all necessary licenses, consents, and permissions necessary for the performance of your obligations under these Terms and Conditions (if required by applicable Regulations); and
5.2.3.1.4. you may execute a legal relationship with us in accordance with these Terms and Conditions, and the applicable Regulations, especially the country, state, or province where you have a residence, headquarters, or place of habitual residence does not prohibit you from using the Services.
5.2.4. Registration and Account use.
5.2.4.1. To set up an Account you are obliged to fill in the registration form available on the App and pass a KYC verification. Thereafter, we will open an Account for you. To register the Account, you may not use a disposable or temporary e-mail address and/or try circumventing our security systems in any way regarding your identity and purposes of using the Service.
5.2.4.2. You are entitled to set up only one (1) Account, unless we decide otherwise.
5.2.4.3. You are obliged to exercise reasonable care to ensure that up-to-date data, documents, and information provided during the registration process are always assigned to the Account.
5.2.4.4. You may not share or make available access to the Account to a third party (this section does not apply to you in terms of making your Account available to the persons entitled by you to act on their behalf and use the Account; however, we may request you to provide a list of persons entitled to use the Account, which you shall deliver us within 7 (seven) calendar days from receipt of the notice in this respect).
5.2.4.5. You are responsible for keeping the Account details, including login and password, strictly confidential. You must immediately notify us of any unauthorised use of your Account.
5.2.4.6. If set out in the Account, you may invite a number of users to the App, who are to be permitted to access and use the App under the Account. Such a person may have permission to access certain features of the App. You must ensure that each such person complies with these Terms and Conditions. You are responsible and liable for the acts or omissions of such person.
5.2.5. Know-Your-Customer
5.2.5.1. To register as a User, we may require data, documents, and information from you to pass a Know-Your-Customer process that is required by the Regulations. Such data, documents, and information provided by you must be true, accurate, valid, and complete.
5.2.5.2. You shall immediately report all changes to the data, documents, and information provided to us to keep them true, accurate, valid, and complete.
5.2.5.3. If you have a change of control (for example, through a stock purchase or sale, merger, by operation of law, or other forms of the corporate transaction) or closed or lost your right to act as an entrepreneur (if any), you shall give us with a notice within (ten) 10 calendar days after the change of control.
5.2.5.4. Without any rights and legal remedies available to you, we reserve the right to refuse any person and/or entity to register as our User and/or cease providing Services to them it if:
5.2.5.4.1. such person and/or entity fails to provide the data, documents, and information requested by us (also during periodically carrying out the Know-Your-Customer);
5.2.5.4.2. your application violates Regulations, in particular anti-money laundering/counter financing of terrorism policies and regulations, or there is a reasonable suspicion of a violation of the Regulations.
5.2.5.5. We may also be obliged to periodically carry out the Know-Your-Customer process due to the applicable Regulations. In such a case, P100 is entitled, and the User is obliged to provide information, data and documents requested by us.
5.2.5.6. Until the entire Know-Your-Customer process is completed, we may prevent access, suspend, or limit the use of the Account by you.
5.2.6. Sanctions
5.2.6.1. We refuse to provide the Services to Users who have a residence, headquarters, or place of habitual residence on the list of countries and/or territories subject to Sanctions and/or to Users who are subject to Sanctions, or whose activities or relationships may pose an increased risk of money laundering or terrorist financing.
5.2.6.2. You represent and warrants that you are not subject to Sanctions, you are not a resident of the Sanctioned country and/or territory, and do not use the currencies of those Sanctioned countries and/or territories, or holds any financial instruments issued by those Sanctioned countries and/or territories.
5.3. Newsletter.
5.3.1. We may provide free of charge a newsletter service to selected Users that priorly agreed on receiving a commercial information regarding the App, Website, Services, changes and news in its functionality as well as events related to the activity conducted by us.
5.3.2. The newsletter is provided for an indefinite period upon subscribing to it. You may terminate the newsletter at any time by deactivating it in the Account or by clicking on the link included in each email with a newsletter to cancel a subscription.
5.3.3. We may stop sending and/or entirely terminate the newsletter at any time.
5.3.4. The newsletter shall be sent to the e-mail provided by you upon signing up for the newsletter.
6. P100’s role
6.1. We are legally obligated to ensure that the Services complies with these Terms and Conditions.
6.2. We would like to inform that we cooperate with QUICKO. As part of this cooperation, QUICKO is obliged to provide you with services and/or functionalities other than Services that are available in the App, including the IBAN account, issuing a debit card, card payment processing, payment services.
6.3. QUICKO is responsible for the services and/or functionalities other than Services that are available in the App, including the IBAN account, issuing a debit card, card payment processing, payment services.
7. Service fees
7.1. The type and amount of Fees (if such are due) that we charge from you for the provision of the Services are set out on the website: https://www.p100.io/fees
7.2. Fees are collected by us from you at the moment of performing a specific activity, they are subject to the fee indicated on the website: https://www.p100.io/fees
7.3. We do not charge any Fee for services and/or functionalities other than Services that are available in the App that are provided by QUICKO.
7.4. The Fees for Services may change, and we reserve the right to temporarily suspend chosen Fees for promotional purposes (e.g., free bidding days) or for the development of new services and such changes become effective once a temporary promotional period or new service is announced on the App.
7.5. All Fees are denominated in EUR.
7.6. We charge late payment interest on any amounts unpaid by you to us.
8. The user's obligations
8.1. You must not do or attempt to do anything that is unlawful, including directly or indirectly:
8.1.1. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Services, or any software, documentation or data related to the Services (the “Software”);
8.1.2. modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly and in writing permitted by us or authorized within the Services);
8.1.3. use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party;
8.1.4. sell, resell, assign, sublicense, distribute, transmit, publicly display, rent, lease, lend, export, offer on a “pay-per-use” basis or publish Software or any part thereof in any form by any means to any third party, for monetary benefit or any other consideration;
8.1.5. remove any proprietary notices or labels;
8.1.6. interfere with or disrupt the integrity or performance of any Service or third-party data contained therein;
8.1.7. attempt to gain unauthorized access to the Services or its related systems or networks;
8.1.8. use the Services to build a competitive product or service or to benchmark with any products or services offered by us;
8.1.9. constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
8.1.10. tampering with or modifying the App (including by transmitting viruses and using trojan horses);
8.1.11. infringing the patents, copyrights, trademarks, rights of publicity, rights of privacy, moral rights, music performance or other music-related rights, or any other right of any third party;
8.1.12. using data mining, robots, screen scraping or similar data gathering and extraction tools on the App;
8.1.13. facilitating or assisting a third party to do any of the above acts.
8.2. You are obligated to provide us with justified requested information within 15 (fifteen) calendar days as we may request in connection of compliance by you with these Terms and Conditions and/or Regulations.
8.3. Any texts, graphic materials, interactive functions, logos, photographs, files, software, and any other materials on the App and/or Website, except for those uploaded, transmitted, made available, or published by you, as well as the selection, organization, coordination, compilation of the materials and the general outline and nature of the App and/or Website constitute the intellectual property of us. They are protected by copyrights, trademarks, patents, industrial design rights, and other rights, including international conventions and property rights. Without the explicit consent issued by us, you may not duplicate, copy, download, disseminate, sell, distribute, or resell any services, information, texts, graphics, video clips, sounds, screenplays, files, databases, or lists whatsoever available on or via the App and/or Website nor use them otherwise. It is forbidden to retrieve the App and/or Website content systematically to create or compile, either directly or indirectly, a collection, compilation, database, and catalogue (by using robots, search engines, automatic or manual devices) without our written permission. The use of any content or materials available from the App and/or Website for purposes not specified in these Terms and Conditions is forbidden.
8.4. We may provide you with access to the content, products, or services offered by other providers via the hyperlinks (in the form of word links, banners, channels or whatever else) leading to the website and/or apps of such providers. We have no control of the website and/or apps owned by other providers, nor we do monitor such websites.
9. Disclaimer, liability, and indemnification
9.1. General rules relating to disclaimer, liability, and indemnification.
9.1.1. The terms set out in this entire section 9 shall apply to the fullest extent permitted by law. If the law applicable to you prevents and/or excludes the application of disclaimer, limitations, and/or exclusions of liability, indemnities, or other legal institutions with a similar purpose or effect, as described in this entire section 9, then they do not apply to the legal relationship between you and us.
9.1.2. The terms set out in this entire section 9 shall not apply to Consumers from the European Economic Area.
9.1.3. All parties agree that any claims will be adjudicated on an individual basis, and each waives the right to participate in a class, collective, or other joint action with respect to the claims.
9.2. Disclaimer.
9.2.1. We provide the services, website and the app “as is”, and “if available”. We do not make any warranty of any kind that the services, website and the app will always be available, accessible, uninterrupted, timely, and secure or operate without error. To the maximum extent permitted by regulations, we do not make any, and expressly disclaim all, express and implied warranties and statutory guarantees with respect to their performance under these terms and conditions the services, website and the app, including as related to availability, the implied warranties of fitness for a particular purpose, merchantability and non-infringement, and the implied warranties arising out of any course of dealing, course of performance or usage in trade.
9.2.2. To the maximum extent permitted by regulations, we shall not be responsible and liable in relation to:
9.2.2.1. any damages resulting from the use of the services, website and the app, accessing it, or the inability to use the services, website and the app by you due to reasons beyond our control;
9.2.2.2. any damages related to viruses, trojan horses etc. Which may be transferred to the services, website and the app or through the app by third parties;
9.2.2.3. implications of any access data or private information being accessed by any third party in an unauthorized manner, if it occurs due to reasons related to you, in particular by reason you make login and/or password available to a third party;
9.2.2.4. any actions taken by us in relation to you linked to any infringement of the regulation and/or these terms and conditions, particularly such as account restriction, suspension, or block access to the services, website and the app, including account;
9.2.2.5. payment of any taxes, charges, or any similar fees related to your operations that shall be executed by the user.
9.3. Limitations on liability.
9.3.1. Indirect damages. To the maximum extent permitted by regulations, we will not be liable to you in relation to these terms and conditions or the services, website and the app during and after the term of these terms and conditions (whether in contract, negligence, strict liability or tort, or on other legal or equitable grounds) for any lost profits, personal injury, property damage, loss of data, business interruption, indirect, incidental, consequential, exemplary, special, reliance, or punitive damages, even if these losses, damages, or costs are foreseeable, and whether or not the user has been advised of their possibility.
9.3.2. General damages. To the maximum extent permitted by regulations, we will not be liable to you in relation to these terms and conditions and/or the services, website and the app during and after the term of these terms and conditions (whether in contract, negligence, strict liability or tort, or on other legal or equitable grounds) for losses, damages, or costs exceeding eur 500 (five hundred euros).
9.4. Indemnification.
9.4.1. You shall fully indemnify, hold harmless and defend (collectively “indemnify” and “indemnification”) us and our directors, officers, employees, agents, stockholders and affiliates (collectively, “indemnified parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), as well as adjustments, whether or not involving a third party claim, which arise out of or relate to (i) any breach by you of any representation or warranty contained in these terms and conditions, (ii) any breach by you of any covenant or other obligation or duty under these terms and conditions, under regulation, or under intermediate body scheme rules, (iii) any alleged breach by you, including intellectual property rights.
9.4.2. You shall inform us in writing of any claim, demand, or suit related to the services, website and the app, and shall fully cooperate in the defense thereof. You will not agree to the settlement of any such claim, demand, or suit prior to the final judgment thereon without our consent which consent may be withheld at our sole and entire discretion.
9.4.3. If any intermediate body charges us and/or QUICKO for any adjustment due to your act and/or omission that breach of the intermediate body scheme rules and/or regulations, you shall repay to us all such that adjustments.
9.4.4. You acknowledge and agrees that during these terms and conditions and after their termination or expiration for any reason whatsoever, you shall continue to bear liability for all adjustments and indemnification obligations pursuant to these terms and conditions and all other amounts due or which may become due under these terms and conditions. This liability is not subject to any limitation of liability that may be expressed elsewhere in these terms and conditions.
10. Provisions concerning consumers and entrepreneurs
10.1. This section 10 of these Terms and Conditions and all provisions contained therein are not addressed to (a) the User who is not a Consumer and is from the European Economic Area, or (b) the User who is from the European Economic Area and being a natural person executing these Terms and Conditions and use the Services directly related to their business activity, when the content of this contract shows that it does not have a professional character for this person, resulting from the subject of their business activity, made available on the basis of the provisions on the Polish Central Registration and Information on Economic Activity.
10.2. Our liability towards you, regardless of its legal basis, including tort, contractual or otherwise, is limited – both as part of a single claim as well as for any claims in total – to the amount of the Fees paid you for the Services provided, but not more than to the amount of two hundred fifty zlotys (PLN 250). We are not liable for lost profits.
11. Complaints procedure related to the services offered by p100
11.1. You may submit a complaint to P100 related to the Services. You should include in the complaint your name, surname, e-mail address (or other correspondence address), the subject of the complaint, and the reason for the complaint. The complaint will be considered immediately, however not later than within 14 (fourteen) calendar days of its receipt. You will be informed about the method and result of the complaint consideration via the correspondence address or e-mail provided. The costs of using the said means of distance communication by you are borne by you and are calculated according to the rates of the telecommunications operator whose services you use.
11.2. The complaints shall be submitted by you by sending them to the following address: (a) support@p100.io, (b) telephone: +48 537 615 155 or (b) via mail: P100 sp. z o.o., address: 14/2 Adama Matuszczaka Street, Rzeszow Poland.
11.3. The use of out-of-court methods of dealing with complaints and pursuing claims is voluntary.
The following provisions are informative and do not constitute our obligation to use out-of-court dispute resolution methods.
11.4. Detailed information on the possibility for Consumer to use out-of-court methods of dealing with complaints and redress as well as the rules of access to these procedures are available in the following sources:
11.4.1. on the website of the Office of Competition and Consumer Protection at the address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php;
11.4.2. a contact point at the President of the Office of Competition and Consumer Protection (telephone: +48 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw, Poland), whose task is, among others, providing assistance to consumers in matters relating to out-of-court resolution of consumer disputes;
11.4.3. at http://ec.europa.eu/consumers/odr, an online system for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a comprehensive service point for Consumers and entrepreneurs seeking out-of-court resolution of a dispute regarding contractual obligations arising from an online sales contract or service contract (more information on the platform itself or at on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_Appa_odr.php).
11.4.4. The Consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims: (1) application for dispute settlement to a permanent amicable consumer court (more information at: https://wiih.rzeszow.pl/); (2) an application for out-of-court settlement of the dispute to the voivodship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the User’s business activity); and (3) assistance of the municipal consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
12. Termination, suspension, and restriction
12.1. These Terms and Conditions are executed for an unspecified period.
12.2. Without prejudice to other provisions of these Terms and Conditions and the rights and remedies granted by Regulations, we are entitled to:
12.2.1. immediately restrict providing Services to you when at least one (1) of the following circumstances or events occurs:
12.2.1.1. you breach any of these Terms and Conditions and/or breach any of the Regulations related to the use of the Services, Website and the App,
12.2.1.2. your Account has been taken over by a third party, and/or Account’s credentials leaked to a third party,
12.2.1.3. the User whose Account was previously suspended and/or terminated has created the new Account;
12.2.2. immediately suspend providing Services to you when at least one (1) of the following circumstances or events occurs:
12.2.2.1. you breach any of these Terms and Conditions and/or breaches any of the Regulations related to use of the Services, Website and the App,
12.2.2.2. your Account has been taken over by a third party and/or Account’s credentials leaked to a third party,
12.2.2.3. the User whose Account was previously suspended and/or terminated has created the new Account;
12.2.2.4. you have not paid the financial receivable related to your activity within the Services, Website and the App, including resulting from Fees, Adjustments;
12.2.3. terminate with at least 30 (thirty) calendar days' notice period the agreement governed by these Terms and Conditions when at least one (1) of the following circumstances or events occurs:
12.2.3.1. obtaining by us a court order or authority decision requiring to terminate the agreement governed by these Terms and Conditions with you;
12.2.3.2. you breach any provision of these Terms and Conditions,
12.2.3.3. you breach any provision of the Regulations related to the use of the Services, Website and the App; and/or
12.2.3.4. you have not paid the financial receivable related to their activity within the Services, Website and the App, including resulting from Fees, Adjustments.
12.3. Where we decide to restrict or suspend the Services, Website and the App, we shall provide you, prior to or at the time of the restriction, suspension, or termination taking effect, with a statement of reasons for that decision on a durable medium.
12.4. Where we decide to terminate the provision of the whole or any part of these Terms Conditions and Conditions, we shall provide you, at least 30 (thirty) days prior to the termination taking effect, with a statement of reasons for that decision on a durable medium. The notice period set forth above shall not apply where:
12.4.1. It is subject to a legal or regulatory obligation that requires to terminate the provision of the whole of its Services to you in a manner that does not allow to respect that notice period;
12.4.2. exercises a right of termination under an imperative reason pursuant to national law;
12.4.3. can demonstrate that you have repeatedly infringed these Terms and Conditions, resulting in the termination of the provision of the whole of the Services.
12.5. In the case of suspension, restriction, or termination, we shall give you the opportunity to clarify the facts and circumstances in the framework of the internal complaint-handling process referred to in this section. You may clarify any of the facts and circumstances set forth above in accordance with section 12 of these Terms and Conditions. Where the suspension, restriction, or termination is revoked by us, we shall reinstate you without undue delay, including providing you with access to personal or other data, or both, that resulted from its use of the relevant electronic services prior to the suspension or termination has taken effect.
12.6. You have the right to terminate these Terms and Conditions at any time for any reason by providing us with a termination notice via support@p100.io or making it through the removal of your Account at the App.
12.7. Upon termination of these Terms and Conditions:
12.7.1. We will immediately cease providing the Services or prevent you from using the Services;
12.7.2. You are obligated to pay all Fee, Adjustments and/or other amounts have not already been paid for all Services provided prior to termination, and all other amounts due and payable under this Agreement if such Fees, Adjustments and/or other amounts have not already been paid;
12.7.3. upon request, you must destroy or return to us our confidential information, except for any confidential information required to be maintained by applicable law;
12.7.4. termination of these Terms and Conditions will not affect any rights or liabilities to you and us accrued under them.
13. Withdrawal
13.1. This entire clause 13 shall apply solely to the Consumer that has a place of residence, or place of habitual residence within the European Union.
13.2. Subject to the section 13.5 herein, the Consumer has the right to withdraw from these Terms and Conditions without giving any reason. The deadline to withdraw from these Terms and Conditions expires after 30 days from the date of their execution.
13.3. In order to exercise the right of withdrawal, the Consumer must inform us of their decision to withdraw from these Terms and Conditions by means of an unequivocal statement (for example, a letter sent by post or e-mail). The Consumer may use the model withdrawal form attached to these Terms and Conditions, but it is not mandatory. In order to meet the deadline for withdrawal from these Terms and Conditions, it is sufficient for the Consumer to send information regarding the exercise of the right to withdraw from these Terms and Conditions before the deadline to withdraw. The above right may be exercised either by submitting a statement of withdrawal and sending it to us on one of the following addresses:
13.3.1. address: P100 sp. z o.o. with its registered office in Rzeszow, address: Adama Matuszczaka Street 14/2, 35-083 Rzeszow, Poland,
13.3.2. e-mail address: support@p100.io
13.4. In the event of withdrawal from these Terms and Conditions, we return to the Consumer all payments received from him, immediately, and in any case no later than 14 days from the day on which they were informed about the decision to exercise the right of withdrawal. The refund will be made using the same payment methods that were used in the original transaction unless the Consumer has expressly agreed otherwise. In any case, the Consumer will not incur any fees in connection with this refund.
13.5. The right to withdraw from these Terms and Conditions executed with us is not entitled to the Consumer in relation to service contracts after the Service has been fully performed if the performance has begun with the Consumer’s prior express consent and acknowledgment that they will lose right of withdrawal once these Service has been performed.
13.6. If the Consumer exercises the right to withdraw from these Terms and Conditions after submitting a clear request that the Consumer begins to provide the Service before the deadline for withdrawing from these Terms and Conditions, the Consumer is obliged to pay for the Services provided until the withdrawal from these Terms and Conditions.
13.7. WITHDRAWAL FORM
TO: P100 sp. z o.o. with its registered office in Rzeszow
address: Adama Matuszczaka Street 14/2, 35-083 Rzeszow, Poland
e-mail address: support@p100.io
I hereby give notice that I withdraw from my contract of sale of the following goods, services, or digital content: [__]
Name and surname: [__]
Address of Consumer: [__]
Signature of Consumer (only if this form is notified on paper)
Date: [__]
14. Force majeure
14.1. Neither party will be liable for any failure of its performance under these Terms and Conditions to the extent that failure arises by reason of any cause or circumstances beyond the reasonable control of the party, including but not limited to the reason of an act of God, the elements, adverse weather conditions, fire, fold, riots, strikes, accident, war, government requirements or any action of the government in its sovereignty capacity, act of civil or military authority, action or inaction of a supplier or other third party, fibre or cable cut, subsea fibre damage, inability to secure materials, labour or transportation, epidemic or catastrophe.
15. Privacy policy
15.1. Personal data provided by you we process in accordance with applicable law and in accordance with the Privacy and Cookies Policy - https://p100.io/privacy-policy
16. Amendments
16.1. We reserve the right to make any changes and modifications to these Terms and Conditions, including the right to introduce new provisions and delete the previous ones, due to important reasons, in particular:
16.1.1. changes in generally Regulations, if as a result of this change, we are legally obliged to change these Terms and Conditions;
16.1.2. a court judgment or an administrative decision, if the Terms and Conditions contain provisions similar to those reviewed by a court or authority, which require changes to these Terms and Conditions due to the content of the judgment or decision;
16.1.3. recommendations issued by the supervisory body over the activities of P100 or offices or courts interpretation of regulations, if they concern the matter covered by these Terms and Conditions and as a result of their issuance there will be a need to amend these Terms and Conditions, the purpose of which is to adapt the content of these Terms and Conditions to the issued recommendation or official or court interpretation regulations;
16.1.4. in order to ensure the proper functioning of the Services, Website and the App;
16.1.5. in order to introduce new products or services offered by us or to highlight new product categories;
16.1.6. in order to modify and/or add the functionality of products, services, or service delivery methods due to technological requirements;
16.1.7. in order to ensure your safety and security in relation to the Services, Website and the App;
16.1.8. changes in the amount of Fees charged by us;
16.1.9. in order to prevent abuse or crime by you;
16.1.10. the need to correct obvious mistakes or typographical errors or to fill gaps or inaccuracies in these Terms and Conditions (which changes in these Terms and Conditions will not affect your rights and obligations);
16.1.11. changes in the our offer regarding the scope, functionality of Services, Website and the App, the process of establishing relations with us or executing agreements (which changes in the Terms and Conditions, however, will not affect your rights and);
16.1.12. introduction of new sales channels (which changes to these Terms and Conditions, however, will not affect your rights and obligations);
16.1.13. changes in the marketing names of products and services (which changes in these Terms and Conditions, however, will not affect your rights and obligations);
16.1.14. changes in the names of titles, subtitles, and chapters (which changes in the Terms and Conditions, however, will not affect your rights and obligations);
16.1.15. withdrawal of products or services from the offer (which changes in the Terms and Conditions, however, will not affect your rights and obligations).
16.2. In this case, we shall inform you of the changes by sending a copy of them on a durable medium (for example via e-mail) and a revised version of the Terms and Conditions, no later than fifteen (15) days prior to entry into force to the planned changes. We may grant a longer notification period for changes if necessary to allow your to make technical or commercial adjustments to comply with the changes.
16.3. If you do not accept the changes in these Terms and Conditions, you have the right to terminate these Terms and Conditions before the expiry of the notice period. Such termination shall take effect within fifteen (15) days from the receipt of the notice.
16.4. Without prejudice to the above, we may change these Terms and Conditions without the fifteen (15) days period referred to above, with immediate effect, if:
16.4.1. It is subject to a legal and/or regulatory obligation under which it is required to change these Terms and Conditions in a manner that does not allow us to respect the fifteen (15) days' notice period;
16.4.2. It has exceptionally to change these Terms and Conditions to address an unforeseen and imminent danger related to the Services, Website and the App operation, as well as defend the us, and other Users from fraud, malware, spam, data breaches, or other cybersecurity risks.
17. Miscellaneous
17.1. Neither party may transfer their rights, obligations, or claims arising hereof to any third party without the prior written consent of the other party.
17.2. Should any provisions hereof prove to be invalid or ineffective, they will not affect the validity of the remaining provisions. Invalid or ineffective provisions will be replaced by such valid provisions which reflect the economic value, intention of the parties, and objective of the invalid or ineffective provisions to the highest extent.
17.3. Some elements of the Services, Website and the App have been translated (including using software for automatic text translation). The text has been translated with due diligence, however, some translations (in particular those made by a computer program) may not be perfect or may not be properly translated due to the limitations of the text translation software. We recommend caution when using translated content.
17.4. The legal relationship concluded between the you and us are governed by the law of the Republic of Poland. The above provision does not exclude your right to exercise the rights resulting from the mandatory provisions of applicable law and the law of the Member States of the European Union.
17.5. Disputes arising from these Terms and Conditions will be considered by a competent court, in accordance with the law. However, in the case of the User who are not Consumers, the competent court will be the court competent for the P100’s registered office.
Schedule 1. Membership Options
1.1. The User can choose between two types of membership: Regular User (hereinafter referred to as “RU”) or Member User (hereinafter referred to as “MU”).
1.1.1. Regular User - The RU can use the Services without paying a monthly subscription fee. However, the RU shall pay commissions for each transaction, including but not limited to swap, crypto buy and crypto and/or fiat withdrawal. The RU shall also pay any third-party fees that may apply, such as Account top-ups or withdrawal network fees.
1.1.2. Member User - The MU can enjoy lower commissions and other benefits by paying a monthly subscription fee as defined in the App. The monthly subscription fee shall cover all of the commissions of P100, except for third-party fees. The MU shall also have access to different levels of free crypto swaps based on the Euro value per month, depending on the subtype of the MU as defined in the App.
1.2. Subscription Fee - The User shall pay the subscription fee in the amount as defined in the App in advance, using the Euro balance of the P100 Account. The membership shall start after the payment is confirmed, and shall last for one month. The subscription fee will be automatically charged to the User unless the User cancels the subscription in accordance with the instructions provided in the App.
1.3. The User can cancel the subscription at any time, but shall not receive a refund for the remaining days of the monthly membership. If the User does not have enough Euro balance to pay the new subscription fee, P100 shall send three notifications to remind the payment obligation to the User. If the User still does not pay the Subscription Fee after three days, the membership shall be downgraded to RU.
1.4. Fees for Swaps - A swap is a single transaction where the User exchanges one supported currency and/or cryptocurrency for another. The RU shall pay a commission for each swap. The MU shall not pay a commission, but shall have a limit of free swaps per week, as defined in the App. The limit is based on the Euro value of the swaps, and varies according to the subtype of the MU as defined in the App. The User is obliged to proactively verify the subtype and review the associated fees and limits for swaps in the App.
Schedule 2. Terms and Conditions for the Utility Token "POT"
2.1. Introduction

2.1.1. These Terms and Conditions govern the use of the utility token known as "POT," issued by P100 (hereinafter referred to as "Issuer").

2.1.2. By engaging with the POT token, users acknowledge and agree to abide by these Terms and Conditions in their entirety.
2.2. Nature of the POT Token

2.2.1. The POT token is an ERC-20 crypto-token designed to measure and reward value-added activities of P100 users.


2.2.2. The POT token is not intended for fundraising purposes, and its utility is primarily to remunerate users for their contributions to the value chain of P100.
2.3. Token Generating Events (TGE)
2.3.1. Token Generating Events (TGE) are triggered when user activity surpasses predefined thresholds as outlined in the whitepaper.

2.3.2. The details regarding eligible activities, thresholds, and the amount of POT tokens minted per activity are specified in the whitepaper.

2.3.3. TGE limitations include a minimum minting amount of 0.01 POT tokens and a cap on the number of tokens a user may receive.

2.3.4. Internal SEPA transfers between P100 users are not considered for TGE purposes.
2.4. Cashing Out: Commit - Reward and Burn

2.4.1. POT holders may choose to cash out their tokens at any time by following the prescribed process.

2.4.2. The cashing out process involves:
2.4.2.1. COMMIT - POT holder sends the desired amount of POT tokens to the POT Burn Treasury (PBT).
2.4.2.2. REWARD AND BURN - at the commencement of each month (T0), committed POT tokens are tallied, and the pro-rata contribution is calculated. Rewards are then distributed to contributors based on stake ratios, and all tokens committed to the PBT are burned.
2.4.3. Burning POT tokens is neutral economically, as it represents a contraction of the economy when tokens are withdrawn as rewards.
2.5. POT Marketplace

2.5.1. POT tokens are considered crypto assets and are open to free trade on-chain.

2.5.2. There are no plans to list POT tokens on centralized exchanges; trading will only be available peer-to-peer (p2p) or through decentralized finance (DeFi) platforms.
2.6. Miscellaneous

2.6.1. These Terms and Conditions constitute the entire agreement between the parties concerning the use of the POT token and supersede all prior agreements and understandings.

2.6.2. The Issuer reserves the right to amend these Terms and Conditions at any time, with amendments becoming effective upon publication on the Issuer's official channels.

2.6.3. Users are encouraged to review these Terms and Conditions periodically for any updates or changes.
Annexes:
Fee Schedule valid from the 1st of June 2024