Terms of Use

Introduction

These Terms of Use (together with all the other documents referred to in it) outline the terms of use of our site www.zypto.com and other related or used sites (hereinafter "Website"). Use of Website includes accessing, browsing, or registering to use it.

Please read these Terms (and the documents referred to in them, including our Privacy Policy) carefully before you start to use Website, as these will apply to your use of it.

BY VISITING, INTERACTING WITH, TAKING SCREENSHOTS OF THE SITE, COPYING SOURCE CODE OR ANY OTHER KIND OF USE THEREOF, YOU AGREE TO BE COMPLIANT WITH THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. If you do not agree to these Terms, you must not use Website.

These Terms require the use of arbitration on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.

Information about us

www.zypto.com is a site operated by Zypto sp. z o.o. ("We").

We are registered in Poland under company number 0001047932 and have our registered office at ul. PIOTRKOWSKA 116/52, 90-006 LODZ, Poland.

Changes to these Terms

We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Each change is indicated by date and version number.

Changes to Website

We may update Website from time to time, and may change the content at any time. However, please note that any of the content on Website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that Website, or any content on it, will be free from errors or omissions.

Accessing Website

Website is made available free of charge. We do not guarantee that Website, or any content on it, will always be available or available without interruption.

Access to Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Website without notice. We will not be liable to you if for any reason Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to access Website. You are also responsible for ensuring that all persons who access Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

No Support or Maintenance. You agree that zypto.com will have no obligation to provide you with any support in connection with the Website.

Geographical Restrictions. Access to zypto.com is not permitted for visitors from jurisdictions in which cryptocurrencies may be legally classified as a "security", or any other classification that may be lawfully limited for its citizens or residents. While we make efforts to block access by technological means, it is the user's responsibility to check their local laws before they access zypto.com. We strongly insist that users must not, under any circumstance, participate in investment activities in blockchain-based investments or stores of value until they have sought legal counsel.

No Affiliation. zypto.com does not, has never and will never sell any financial products to its visitors. Any financial vehicles or products described on zypto.com are only available via third-party sources, including but not limited to decentralised cryptocurrency exchanges. All information on zypto.com is purely informative and without any guarantee of accuracy.

Use of Website

You may only use our website for lawful purposes. You must comply with the acceptable use terms set out in this section.

You must not, and you must not allow another person to, use our website (including any content or materials on it):

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is fraudulent, or has any fraudulent purpose or effect (including by misrepresenting your identity or account information);
• for your own or another person's commercial purposes;
• to access or interfere with another person's records, impersonate another person or create or use a false identity or email address;
• to harm or attempt to harm minors in any way;
• to transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation ("spam");
• to obtain or attempt to obtain unauthorised access to or interfere with, damage or disrupt any part of our website, any computer systems, equipment, software or networks on or through which our website is stored or operated;
• to modify, adapt, make derivative works of, decipher, decompile, disassemble or reverse engineer any of the software comprised in or in any way making up a part of our website or services provided by our website;
• to scrape, reproduce, duplicate, copy, modify, distribute, publish, rent, lease, transfer, assign, host, resell or transmit any element comprised in our website, including any software, the content or the services provided through it, or otherwise commercially exploit the Site;
• to access the Website in order to build a similar or competitive website;
• to use any technology or processes of any kind to access, acquire, copy, monitor, navigate or search our website or any portion of it (including the use of data mining, robots or similar data gathering and extraction tools); or
• in any way that is not authorised by us or is detrimental to us or our third party service providers.

You must not, and you must not allow another person to, access without authority, interfere with, damage or disrupt any part of our website, any software, the server or other equipment or network used in the provision of our website.

Where we provide interactive services on our website, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used. We are under no obligation to oversee, monitor or moderate any interactive service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards.

Contributions to our website must:

• be accurate (where they state facts);
• be genuinely held (where they state opinions); and
• comply with applicable law in Poland and in any country from which they are posted.

Contributions must not:

• contain any material which is defamatory of any person;
• contain any material which is obscene, offensive, hateful or inflammatory;
• promote sexually explicit material, violence or any illegal activity;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trade mark of any other person;
• be likely to deceive any person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from us, if this is not the case; or
• advocate, promote or assist any unlawful act including copyright infringement or computer misuse.

Third-Party Links and Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties, or indeed decentralised financial products such as cryptocurrencies or NFTs. Such Third-Party Links and Ads are not under the control of zypto.com and zypto.com is not responsible for any Third-Party Links and Ads. zypto.com provides access to these Third-Party Links and Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links and Ads. You use all Third-Party Links and Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links and Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.

Other Users. Each Site user is solely responsible for any and all of its own User Content such as comments. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that zypto.com will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved.

You hereby release and forever discharge zypto.com and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website.

Cookies and Web Beacons. Like any other website, zypto.com uses cookies. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.

Our Advertising Partners. Some of the advertisers on Website may use cookies and web beacons. Our advertising partners and their Privacy Policies are listed below:

• Google - https://policies.google.com/technologies/ads

Consequences of breach of the acceptable use terms

We may monitor and log user activity, and any material contributed by users, for security purposes and in order to identify any actual or potential misuse of our Website.

Failure to comply with our acceptable use terms constitutes a material breach of these Terms. If we have reason to believe that you have, or you are likely to, use (or allow another person to use) our Website in breach of our acceptable use terms, we may take such action as we reasonably deem appropriate including:

• immediate, temporary or permanent withdrawal of your right to use our website or associated services;
• immediate, temporary or permanent removal of any material contributed by you to our website;
• legal proceedings against you; and/or
• disclosure of such information to law enforcement authorities or regulators as we reasonably consider is appropriate.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. These Terms and access to the Website do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed here. zypto.com and its suppliers reserve all rights not granted in these Terms.

You may print off one copy, and may download extracts, of any page(s) from Website for your personal use and you may draw the attention of others within your organisation to content posted on Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on Website must always be acknowledged. You must not use any part of the content on Website for commercial purposes without obtaining a licence to do so from us or our licensors.

Intellectual Property Rights infringement. zypto.com respects the intellectual property of others and asks that users of Website do the same. If you believe that one of our users is, through the use of Website, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to us:

• your physical or electronic signature;
• identification of the copyrighted work(s) that you claim to have been infringed;
• identification of the material on our services that you claim is infringing and that you request us to remove;
• sufficient information to permit us to locate such material;
• your address, telephone number, and e-mail address;
• a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

No reliance on information

The content on Website is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Website. zypto.com is not responsible for any financial losses, nor financial gains, that may result from investments, staking, or transmission of funds in any form, including cryptocurrencies, fiat or any other type of stored value; either digital or physical, that may be mentioned on zypto.com. It is each individual's sole responsibility to declare any and all financial gains or losses to the appropriate authorities or government bodies.

Although we make reasonable efforts to update the information on Website, we make no representations, warranties or guarantees, whether express or implied, that the content on Website is accurate, complete or up-to-date.

Limitation of liability and disclaimer

To the maximum extent permitted by law, in no event shall zypto.com or our suppliers be liable to you or any third-party for any lost profits, sales, business, or revenue, lost data, costs of procurement of substitute products, loss of anticipated savings, business interruption, loss of business opportunity, goodwill or reputation or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if zypto.com has been advised of the possibility of such damages. Access to and use of the Website is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to 1000 PLN. The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Polish law.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, Website; or use of, or reliance on, any content displayed on Website.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

The site is provided on an "as-is" and "as available" basis, and zypto.com and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Viruses

We do not guarantee that Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access Website. You should use your own virus protection software.

You must not misuse Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Website, the server on which Website is stored or any server, computer or database connected to Website. You must not attack Website via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under relevant legislation, including the Polish Criminal Code. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Website will cease immediately.

Linking to Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to Website in any website that is not owned by you. Website must not be framed on any other site, nor may you create a link to any part of Website other than the home page. We reserve the right to withdraw linking permission without notice.

General

The headings used in these Terms are for convenience only and shall not affect their interpretation. We shall not be liable for any delay or failure to perform any obligation under these Terms if the delay or failure is caused by circumstances beyond our reasonable control.

Each of the provisions of these Terms (or part of any provision) is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect the legality, validity or enforceability of the other provisions of these Terms. The provision itself shall apply with the minimum modification necessary to make it legal, valid and enforceable.

Failure or delay by us in enforcing these Terms shall not be a waiver of that or any other provision of these Terms. You may not assign any of your rights or obligations under these Terms.

These Terms, Terms and Conditions, and Privacy Policy constitute the whole agreement and understanding between you and us in relation to their subject matter and the use of our website. You agree that any notices and other communication may be given by us by email or posted on our website, and will be deemed received by you 24 hours after email or posting.

Your relationship to zypto.com is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without zypto.com's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. zypto.com may freely assign these Terms.

Applicable law

Applicability of Arbitration Agreement. Any claim or dispute arising out of or relating to the Terms or the use of any product or service provided by zypto.com that cannot be resolved informally shall be settled by binding arbitration on an individual basis in accordance with the terms of this arbitration agreement, which you understand and agree to. You also agree to be bound by the arbitration award. Unless otherwise agreed to, all arbitration proceedings shall be held in English and according to Polish law.

Any disputes arising out of or related to this agreement shall be finally settled under the Arbitration Rules of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw in force on the date of commencement of the proceeding by an arbitrator or arbitrators appointed in accordance with the said Rules.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent both to: info@zypto.com and to the registration address revealed in Polish NCR. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.

Arbitration rules - Proceeding:

• 2a. Completion of statement of claim by claimant
• 2b. Selection of arbitrator by claimant or substitute appointment
• 2c. Transmission of the statement of claim to the respondent
• 2d. Submission of a statement of defence and selection of an arbitrator by the respondent or substitute appointment
• 3a. Sending the file and nomination to the arbitrators
• 3b. Sending file and nomination to arbitrators
• 4. Election of the Chairman of the Arbitral Tribunal by the arbitrators or substitute nomination
• 5. Hearing
• 6. Award

Must be remembered: (1) An arbitration award properly provided cannot be set aside. The parties to the dispute are entitled to bring an action to set aside the judgment only on formal grounds, e.g.: lack of or defects in the arbitration clause, ruling on matters not covered by the clause, depriving the party of the possibility to defend its rights, incorrect appointment of the composition, issuance of another judgment in the same case earlier, its inconsistency with the fundamental principles of the legal order of the Republic of Poland. The court shall set aside the judgment or dismiss the complaint, but shall not retry the case for arbitration. A new application by a party is required to retry the case after the judgment has been set aside. (2) The arbitration requires the party which brings the lawsuit to pay the whole cost of such proceeding.

Time Limits. If you or zypto.com pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the Rules for the pertinent claim.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and zypto.com in any court, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by an arbitration.

Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with zypto.com.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

Electronic Communications. The communications between you and zypto.com use electronic means, whether you use Website or send us emails, or whether zypto.com posts notices on Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from zypto.com in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that zypto.com provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in a hard copy writing.

Your Privacy. Please read our Privacy Policy.

Copyright/Trademark Information. Copyright. All rights reserved. All trademarks, logos and service marks displayed on Websites are our property or the property of other third-parties. You are not permitted to use these Marks or any other content without our prior written consent or the consent of such third party which may own the Marks or other content.

Contact. Please contact us for any queries at info@zypto.com