FINUNION PLATFORM TERMS AND CONDITIONS

(TERMS AND CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES)

§ 1. [Preliminary provisions]

1. These Terms and Conditions have been drawn up on the basis of the laws in force in the Republic of Poland and set out the rules and conditions for the use of the Finunion Platform by Users, as well as the rights and obligations of the Provider and Users, including, in particular, the terms and conditions for the provision of electronic services, Cryptocurrency Services and the conclusion of contracts using the Finunion Platform.

2. The provider of the Finunion Platform is Finunion Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (00-679) at ul. Wilcza 51/41, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register, under KRS number: 0000990847, NIP: 5273018094, REGON: 523048565, share capital: PLN 50,000 paid in full.

3. The Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Finunion Platform, subject to the provisions addressed exclusively to Consumers or exclusively to Entrepreneurs.

4. Everyone has the opportunity to read the Terms and Conditions free of charge before concluding the Agreement. The current Terms and Conditions are available in the Application and on the Website. Upon each request of an interested person sent to the Supplier’s e-mail address, the Supplier shall provide the content of the Terms and Conditions in response in PDF format (this also applies to archived versions of the Terms and Conditions).

5. Each User is required to carefully read the Terms and Conditions before using the Finunion Platform.

6. The use of the Finunion Platform may only take place in accordance with the rules set out in these Terms and Conditions, whereby the use of the Finunion Platform means any action taken by the User that leads to them becoming familiar with the content contained therein and using the cryptocurrency Services.

7. These Terms and Conditions constitute the terms and conditions for the provision of electronic services within the meaning of Article 8 of the Act on Providing Services by Electronic Means.

8. Acceptance of these Terms and Conditions is a condition for using the Services.

9. The Provider can be contacted via:

1. e-mail at: [email protected]

2. the Telegram application, where the Provider is listed under the username: @finwarsaw.

10. The Provider has designated a contact point for direct communication with Member State authorities, the Commission and the Digital Services Council: ul. Wilcza 51/41, 00-679 Warsaw. The same contact point may be used by any User for direct and rapid communication with the Provider. Communication may be conducted in Polish or English.

11. The fees for using the Services are specified in Appendix 1 to the Terms and Conditions.

§ 2. [Definitions]

1. For the purposes of these Terms and Conditions, the following terms shall have the following meanings:

1. Administrator – an entity that is an administrator within the meaning of the GDPR with regard to personal data.

2. Application – a mobile application called Finunion, to which the Provider has exclusive rights, used to provide the Services.

3. Provider – Finunion Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (00-679) at ul. Wilcza 51/41, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS number: 0000990847, NIP: 5273018094, REGON: 523048565, share capital: PLN 50,000 paid in full.

4. FIAT – fiat currencies supported by the Finunion Platform, i.e. PLN, EUR and USD.

5. Funion Platform – Application and Website, to which the Supplier has exclusive rights, used to provide Cryptocurrency Services by the Supplier.

6. Civil Code – Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No. 16, item 93, as amended).

7. Consumer – a User who is a natural person performing a legal transaction with the Provider not directly related to their business or professional activity, as well as a natural person who concludes a contract with the Supplier directly related to their business activity, when the content of this Contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

8. Account – a part of the Finunion Platform assigned to a given User, through which the User can perform specific activities within the Platform, being a collection of resources in which the User’s data and information about their activities within the Finunion Platform are stored.

9. Cryptocurrency – a digital representation of value that is not:

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

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

3. electronic money within the meaning of the provisions of the Act on Payment Services,

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

5. a bill of exchange or cheque – and is convertible in economic transactions into legal tender and accepted as a medium of exchange, and may also be stored or transferred electronically or may be the subject of electronic commerce

10. KYC – (Know Your Customer) a due diligence procedure that must be carried out by institutions obliged to identify their customers and obtain reliable, relevant and accurate information required to conduct business with the interested party.

11. Wallet – a cryptocurrency wallet as a Service provided by the Provider, i.e. an electronic collection of identification data enabling Users to use Cryptocurrency units.

12. Copyright – the Act of 4 February 1994 on copyright and related rights (Journal of Laws 1994 No. 24, item 83, as amended).

13. Entrepreneur – a User who is a natural person, a legal person or an imperfect legal person, conducting business or professional activity on their own behalf.

14. Terms and Conditions – this document.

15. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ EUL 2016 No. 119).

16. Website – the Finunion website available at https://client.finunion.pl/, which allows you to use the Services via a web browser.

17. AML Act – the Act of 1 March 2018 on counteracting money laundering and terrorist financing (Journal of Laws of 2018, item 723, as amended).

18. U.p.k. – Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).

19. U.ś.u.d.e. – Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).

20. Agreement – any agreement concluded on the basis of or in connection with these Terms and Conditions and within the Finunion Platform.

21. Services – all services provided through the Finunion Platform.

22. Cryptocurrency Services – services provided by Finunion, including the storage, exchange and transfer of cryptocurrencies.

23. User – a person using the Finunion Platform who has a registered Account on it.

24. Order – a User’s instruction to exchange one Cryptocurrency for another Cryptocurrency, exchange FIAT for Cryptocurrency or vice versa, submitted via the Finunion Platform.

2. All other terms, if not defined in this paragraph or further in these Terms and Conditions, shall be understood in accordance with their common meaning in the Polish language.

§ 3. [General information on the functioning of the Finunion Platform and its use]

1. Finunion provides Services within the Platform to the following entities:

1. natural persons with full legal capacity who are at least 18 (eighteen) years of age,

2. legal persons and other entities with legal capacity under the laws applicable to them, who have accepted the Terms and Conditions and successfully passed the verification process on the Platform.

2. The User is obliged to use the Finunion Platform in a manner that:

1. does not interfere with its functioning,

2. not burdensome for other Users and the Provider,

3. in accordance with the laws in force in the territory of the Republic of Poland, including in particular the provisions on anti-money laundering and counter-terrorist financing, as well as the provisions of the Terms and Conditions and the general rules for using the Internet.

3. The Provider shall make every effort to ensure the availability and proper functioning of the Finunion Platform. However, uninterrupted availability of the Services is not guaranteed and the Provider reserves the right to introduce technical breaks necessary to maintain the proper functioning of the Finunion Platform.

4. The Provider reserves the right, in urgent and justified cases, to restrict or disable access to the Finunion Platform at any time without prior notice to Users.

5. The Provider has the right to temporarily suspend the provision of Cryptocurrency Services if necessary to comply with legal requirements, including, in particular, the provisions of the AML Act.

6. Hardware and environmental requirements for using the services on the Website:

1. a computer (or mobile device) with Internet access,

2. access to e-mail,

3. web browser,

4. enabling Cookies and Javascript in the web browser.

7. Hardware and environmental requirements for using the services in the Application:

1. Access to Google Play or the App Store,

2. Android (version 7.0 or higher) or iOS (version 13.2 or higher; from iPhone 7)*,

3. NFC module; the NFC module must be functional, operate in reader mode and not be obstructed by a case or other external factors,

4. Internet access,

5. 120 MB of free device memory.

8. When using the Finunion Platform, it is prohibited for the User to provide illegal content, in particular by sending such content via forms available on the Finunion Platform.

9. The Finunion Platform does not use automated decision-making in its operation. Alternatively, the Service may use profiling for direct marketing purposes, but decisions made on this basis by the Service do not concern the conclusion or refusal to conclude a contract or the possibility of using electronic services. The effect of using profiling may be, for example, granting a discount to a given person, sending them a discount code, sending a product proposal that may correspond to the interests or preferences of a given person, or offering better conditions compared to the standard offer. Despite profiling, the person is free to decide whether they want to take advantage of the discount or better terms and conditions received in this way and make a purchase.

§ 4. [Description of Services]

1. Through the Finunion Platform, the Provider provides the following Services to Users:

1. creating and maintaining an Account, and then enabling the User to use its functionality,

2. storing Cryptocurrencies in the Wallet,

3. exchanging Cryptocurrencies for other Cryptocurrencies,

4. exchanging FIAT for Cryptocurrencies,

5. exchanging Cryptocurrencies for FIAT,

6. maintaining a Wallet for the User,

7. enabling the viewing of content made available on the Finunion Platform,

8. enabling Users to carry out transactions,

9. enabling Users to contact the Supplier,

10. as well as services related to or resulting from the above.

The Provider does not maintain payment accounts and does not store FIAT funds; any FIAT↔crypto exchange is carried out exclusively through an external on-/off-ramp provider, whereby the Provider does not become a party to payment service agreements.

2. In order to ensure the security of the User and the transfer of data in connection with the use of
   the Finunion Platform, the Provider takes technical and organisational measures appropriate to the level of security risk of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorised persons.

3. The Provider shall take measures to ensure the proper functioning of the Finunion Platform. The Provider shall be responsible for the functioning of the Cryptocurrency Services.

4. The User should inform the Provider of any irregularities or interruptions
   in the functioning of the Finunion Platform that they notice.

§ 5. [User Account]

1. Any person who wishes to use the Services must have an Account on the Finunion Platform.

2. The service of maintaining an Account and enabling the use of its functionality is available after registration.

3. Registration is free of charge.

4. Registration is completed by filling in the registration form available on the Finunion Platform.

5. The conditions for registering an Account on the Finunion Platform are:

1. acceptance of the Terms and Conditions and the Privacy and Cookies Policy (and any other consents specified as mandatory during the registration process).

2. providing personal data marked as mandatory,

3. confirming your email address using the authorisation code contained in an SMS message sent by the Provider to the User’s phone number provided during the registration process.

6. You can log in to your Account:

1. by entering the User’s login details, i.e. the User’s telephone number and password,

2. and, in the Application only, also using biometric data.

7. When using the Account on a new device, the User must confirm the login with a 6-digit code sent to the User’s phone number assigned to the Account.

8. The User undertakes to keep their login details confidential and not to disclose them to third parties (except for persons authorised by the User who is an Entrepreneur) and acknowledges that the User is solely responsible (to the Supplier and/or third parties) for all activity within the Account.

9. If the User knows or suspects that any unauthorised third party knows the User’s password or has access to their Account, the User must immediately notify the Provider.

10. Users have access to the „Remind password” function, which can be used if they forget their login password. After selecting this function in the login window, the User must enter the phone number used to create the Account during the registration process and select the „Reset password” function. An SMS message with a code enabling the User to set a new password will then be sent to the User’s telephone number.

11. The Provider may refuse to register a User Account or terminate the Account Service Agreement with immediate effect if:

1. the purpose of registration or the manner of using the services is clearly contrary to the principles and purpose of the Finunion Platform;

2. the address details provided by the User raise reasonable doubts as to their correctness or accuracy, and these doubts cannot be resolved;

3. the User’s activity is contrary to applicable law or moral standards, incites violence or the commission of a crime, or infringes the rights of third parties;

4. the Supplier has received official notification of the unlawful nature of the data provided or related activities;

5. the User sends unsolicited commercial information to other Users or to the Provider;

6. The User grossly or persistently violates the provisions of these Terms and Conditions;

7. The User uses, within the Finunion Platform, scripts, applications, malicious software, including viruses, bots, worms or other computer codes, files or programmes that are designed to unauthorised automation of processes, data manipulation or otherwise disrupt the proper functioning of the Finunion Platform.

12. The User may terminate the Agreement for the provision of services consisting in maintaining an Account and enabling the use of its functionalities at any time with immediate effect by sending a request to the Provider to delete the Account.

§ 6. [KYC Procedure]

1. Before conducting any transaction via the Finunion Platform, each User is required to undergo the KYC (Know Your Customer) procedure, i.e. the mandatory process of identifying and verifying the User’s identity.

2. After registering an Account in order to use the Services, each User is assigned an individual identifier (hereinafter referred to as the Account).

3. Each User may have one Account on the Platform, provided that the same telephone number may only be assigned to one User account belonging to a natural person and to the accounts of institutional Clients whom they represent.

4. If a situation is identified where one telephone number is assigned to several accounts belonging to natural persons, Finunion may require each such Customer to update the telephone number assigned to each of such Accounts. If the update referred to in the previous sentence is not made within the time limit set by the Provider, which shall not be less than 7 days, the Provider shall be entitled to suspend the provision of Services to the Customer and block their Account until the necessary update of the telephone number is made.

5. In order to obtain full functionality of the Account, it is necessary to identify the User by:

1. in the case of a User who is a natural person: providing data from a document confirming the User’s identity, including their first name, surname, citizenship, as well as their address of residence, country of birth, information on tax residency and a statement on holding a prominent political position, telephone number, date of birth and, in countries where applicable, individual identification number (e.g. PESEL) or a statement that they do not have such a number;

2. in the case of a User who is a legal person or organisational unit: sending a scan of an extract from the relevant Commercial Register in which the entity is registered, data concerning its business activity, a scan of the confirmation of the tax identification number and other national identification numbers – unless the number is visible in the extract from the Commercial Register, as well as data from a document confirming the identity of the person authorised to represent the User, including their first name, surname, nationality, address of residence, information on tax residency, country of birth, information on any prominent political position held, telephone number, date of birth and individual identification number, or a statement that they do not have such a number. The User is also obliged to provide the above information concerning all of the User’s Beneficial Owners, up to the level of natural persons.

6. In addition, in order to verify their identity, the User must provide the Supplier with a document confirming their identity by sending it in the form of a photograph via the verification form on the Platform. The photograph of the identity document must meet the following conditions: if the person comes from the European Union – it should be a national identity card or passport, if the person comes from a country outside the European Union – only a passport should be used, the document must be issued by a government institution, the data on the document must be clear, all edges of the document must be visible, none of the data may be obscured. The file must not contain any signs of digital alteration (e.g. painting over any element using a graphics programme).

7. Confirmation of the address of the User or the person representing the User or the Beneficial Owner may be provided on the basis of a photograph in .jpg or .png format, issued to the User or the designated person on the account (for electricity, water, gas, etc.), a contract with a public trust institution, an official letter, or a bank statement, or a transfer confirmation from a financial institution, which show the address details of the User or the indicated person, together with their first and last name, as well as the date of issue, not older than 3 months.

8. In order to properly verify the User and analyse financial fraud, Finunion has the right to use open sources of information available on the Internet and metadata analysis.

9. User verification will take place in several stages, depending on the identified level of risk, through verification of the User’s identity („Proof of Identity”), verification of the User’s address („Proof of Address”) and other information about the User and other statements made by the User (within the scope of the AML policy). Please note that if all stages of verification are not completed (interruption of the verification process by the User), some of the Platform’s functionalities may be limited. In order to use all functionalities, and in particular to make withdrawals outside the Platform, the User is required to successfully complete all stages of verification.

10. During the term of the contract for the provision of Services between Finunion and the User, if any User data provided by the User during the identification and verification process prior to establishing a business relationship changes or the documents submitted during this process expire, the User is obliged to immediately inform the Provider about the change of data and to present the necessary documents confirming these changes or, respectively, to send a current document if the previous one has expired. Failure to update the data or provide valid documents may result in the restriction of certain functionalities of the Platform for a given Customer, including the suspension of the possibility of making deposits and withdrawals until the data is updated, which results from the legal regulations binding on the Provider.

11. If the User does not pass the KYC procedure, the Provider may explain to the User what errors they have made and allow them to re-verify their data, provided that the failure to pass the KYC procedure is solely due to technical issues and is not intended to circumvent the verification process or to adjust the information submitted to the verification process in order to pass it.

12. Finunion complies with European and national law on anti-money laundering and counter-terrorist financing, in particular Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ EU L 141 of 05.06.2015, p. 73), subsequently amended by Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and amending Directives 2009/138/EC and 2013/36/EU. By using the Services provided by the Provider, the Customer accepts the applicable provisions of the above regulations.

13. The conditions for registering an Account on the Finunion Platform are:

1. acceptance of the Terms and Conditions and the Privacy and Cookies Policy,

2. providing personal data marked as mandatory,

3. completing the KYC procedure in accordance with the Provider’s requirements,

4. confirmation of the e-mail address using an authorisation code contained in an SMS message sent by the Provider to the User’s telephone number provided during the registration process.

14. For transaction security purposes, the Provider may require the User to use additional authentication methods, including:

1. strong customer authentication (SCA),

2. transaction verification using SMS or email codes,

3. two-step authentication when accessing the Account.

15. The Provider reserves the right to refuse the User (or potential User):

1. register an Account (Provider),

2. carrying out transactions at the User’s request.

16. The KYC procedure is carried out in its entirety by an external entity, i.e. Sum and Substance Ltd. with its registered office in the United Kingdom in London, 30 St. Mary Axe EC3A 8BF, company number: 09688671.

17. Upon receipt of confirmation of completion of the KYC process referred to above, an agreement for the provision of „on-ramp” (FIAT-crypto), „off-ramp” (crypto-FIAT) and „crypto-crypto” exchange services, consisting in enabling the User to exchange funds for Cryptocurrencies and exchange Cryptocurrencies for other Cryptocurrencies available on the website and through the Platform.

18. If the User knows or suspects that any unauthorised third party knows their password, has access to their Account, or that an unauthorised transaction has taken place within or using the Platform, the User must immediately notify the Provider.

19. The Provider may refuse to register a User Account or terminate the Account Service Agreement with immediate effect if:

1. the purpose of registration or the manner of using the services is clearly contrary to the rules and purpose of the Finunion Platform,

2. the address details provided by the User raise reasonable doubts as to their correctness or accuracy, and these doubts cannot be dispelled,

3. the User’s activities are contrary to applicable law or moral standards,

4. the Provider has received official notification of the unlawful nature of the data provided or related activities,

5. the User has not successfully completed the KYC procedure,

20. The deletion of the Account, as well as any changes to its functioning, apply to all Services concluded by the User with the Provider.

§ 7. [Wallet]

1. The Wallet allows you to store, track, transfer and manage your Cryptocurrency balances. The Provider securely stores the private keys used to process transactions in a combination of online and offline storage. As a result of the security protocols adopted on the Finunion Platform, it may be necessary to retrieve private keys or related information from offline storage to facilitate cryptocurrency transfers in accordance with the User’s instructions, which may delay the initiation or posting of such Digital Asset Transfers.

2. The Wallet is intended solely for the proper use of the Cryptocurrencies supported by the Provider within the Finunion Platform and specified therein, and therefore it is not possible to use the Wallet to store, send, request or receive Cryptocurrencies other than those indicated on the Finunion Platform. The Provider shall not be liable in connection with any attempt to use Cryptocurrencies that the Provider does not support.

3. The Provider may, at its sole discretion, terminate support for any Cryptocurrency. If the User does not sell or transfer outside the Finunion Platform before the Provider terminates support for a given Cryptocurrency, then the Provider may, at its sole discretion, remove such Cryptocurrency from the User’s Wallet and credit the equivalent of the market value of the Cryptocurrency in the Cryptocurrency supported by the Platform, less transaction costs, to the Wallet.

4. Unless otherwise specified on the Finunion Platform or in the Terms and Conditions, supported Cryptocurrencies exclude all other protocols and/or functionalities that complement or interact with the supported Cryptocurrency. This exclusion includes, but is not limited to: metacoins, coloured coins, side chains or other derivatives, enhanced or forked protocols, tokens or coins, and other functionalities such as staking, protocol governance and/or any smart contract functionality that may complement or interact with the supported Cryptocurrency. You should not attempt to use your Account and/or Wallet to receive, request, send, store, or engage in any other type of transaction or functionality related to any such protocol, as the Finunion Platform is not configured to detect, secure, or process these transactions and functionalities. Any attempt to transact in such items may result in the loss of the item. The Provider shall not be liable for any losses within the scope of this paragraph.

5. The Provider stores all Users’ Cryptocurrencies exclusively within the integrated FinUnion OmniWallet system (hereinafter: OmniWallet).

6. OmniWallet is a centralised digital asset management system based on a multi-layered security infrastructure and supporting various blockchain protocols in accordance with their native standards.

7. Due to the fact that all funds are held in OmniWallet, the Provider:

1. does not transfer Cryptocurrencies to external wallets or store them in locations other than the OmniWallet infrastructure;

2. manages all blockchain addresses assigned to the OmniWallet system, ensuring their full control and security;

3. may perform internal technical operations necessary to handle deposits, withdrawals and conversions between supported blockchain protocols, while ensuring that the User’s funds remain in the OmniWallet system at all times;

4. ensures that all assets are maintained in forms compatible with the given blockchain protocol, with full transparency and the possibility of internal audit.

8. The Provider does not own or control the underlying protocol software that governs the operation of Cryptocurrencies. The Provider is not responsible for the operation of the underlying protocols and does not guarantee the functionality or security of network operations. In particular, the underlying protocols may be subject to sudden changes in operating rules (including „forks”). Any such operational changes may significantly affect the availability, value, functionality and/or name of Cryptocurrencies in the User’s Wallet. The Provider does not control the timing or function of these operational changes. It is your responsibility to be aware of upcoming operational changes, and you must carefully consider publicly available information and information that may be provided by the Provider when deciding whether to continue using a particular Cryptocurrency. In the event of any such operational change, the Provider reserves the right to take such steps as may be necessary to protect the security and safety of the assets held within the Finunion Platform, including, without limitation, temporarily suspending operations for the Cryptocurrencies involved.

9. The Provider will endeavour to notify Users of its response to any material operational change; however, such changes are beyond the Provider’s control and may occur even without the Provider’s notice. The Provider’s response to any operational change is at the Provider’s sole discretion and may include a decision not to support a new Cryptocurrency or other actions.

10. You acknowledge and accept the risks associated with operational changes in Cryptocurrency protocols and agree that the Provider is not responsible for such operational changes and is not liable for any loss of value you may incur as a result of such changes in operating rules. You acknowledge and agree that the Provider has the sole right to determine its response to any operational change and that it has no obligation to assist in the handling of unsupported Cryptocurrencies or protocols. Furthermore, you acknowledge and agree that the Provider has no obligation to support operational changes to Cryptocurrencies.

11. All Cryptocurrencies stored in the Wallet are fiduciary assets held by the Provider for the benefit of the User, as described in more detail below.

§ 8. [Cryptocurrencies]

1. Ownership of Cryptocurrencies always remains with the User and does not pass to the Provider.

2. When the User buys or sells Cryptocurrencies on the Finunion Platform, they do not buy or sell them from/to the Provider. The Provider acts as an intermediary, acting on behalf of the User to facilitate this purchase or sale between the User and other Users.

3. The User may purchase/sell Cryptocurrencies using the methods available on the Platform (including through an external on-/off-ramp provider). The Provider does not maintain payment accounts and does not store FIAT funds.

4. The Provider reserves the right to cancel any transaction related to Cryptocurrencies that is not confirmed by the User within 5 (five) seconds after the transaction is priced by the Provider.

5. Purchased Cryptocurrencies will be deposited in the User’s internal Wallet immediately. The User may then sell or send the purchased Cryptocurrencies as soon as the funds are settled with the Supplier, which usually takes up to 5 (five) business days.

6. In the case of an outgoing transfer of Cryptocurrencies, i.e. from the User’s Wallet maintained on the Finunion Platform to an external wallet (of the User or a third party):

1. such transfers are performed by the Provider on behalf of the User, therefore the User must verify all transaction information before sending instructions to the Provider – The Provider shall not be liable in the event that the User enters incorrect data, including not guaranteeing the identity or value received by the recipient of the outgoing transfer,

2. such transfers cannot be reversed after they have been sent to the relevant Cryptocurrency network, although they may be in a pending state and marked accordingly while the transaction is being processed by network operators – the Supplier does not control the Cryptocurrency network and does not guarantee that the transfer of Cryptocurrencies will be confirmed by the network.

7. The User acknowledges that cryptocurrency exchange rates may be subject to significant fluctuations, which may affect the value of the digital assets purchased or sold. All transactions are executed at the exchange rate applicable at the time of their approval by the User and cannot be withdrawn after they have been executed.

§ 9. [Supplier Services]

1. Activities carried out within the Finunion Platform do not constitute payment services within the meaning of the Act of 19 August 2011 on payment services, banking services, credit intermediation, investment services, financial advisory services or brokerage accounts. The Provider does not maintain payment accounts, accept cash deposits, make cash withdrawals or store Users’ funds (FIAT).

2. The Provider provides only services related to cryptocurrency assets, in particular:

1. setting up and maintaining an Account,

2. providing and operating a Wallet for supported Cryptocurrencies (custody),

3. exchange of Cryptocurrencies for other Cryptocurrencies and transfer of Cryptocurrencies to external addresses,

4. other services closely related to points a–c, as described in the Terms and Conditions.

3. The Finunion Platform does not provide:

1. payment account services,

2. FIAT-FIAT currency exchange services,

3. intermediation in payments for goods and services (so-called external debts),

4. cash settlements.

4. All values in FIAT currencies presented on the Platform (if displayed) are for informational purposes only and serve to illustrate the approximate value of Cryptocurrencies; they do not constitute an offer to conclude a contract for payment services or FIAT-FIAT exchange services.

5. Users are prohibited from any further financial intermediation using the Finunion Platform.

6. The launch by the Provider of new services that would require separate authorisations or the status of a regulated entity will be communicated to Users on a case-by-case basis and will be subject to separate terms and conditions of service.

§ 10. [Rules for placing Exchange Orders]

1. The Provider enables Users to place Orders for the exchange of Cryptocurrencies for other Cryptocurrencies and the exchange of Cryptocurrencies for FIAT currencies and vice versa, in accordance with the following procedure:

1. The User places an Order by entering the required data in the Order form on the Finunion Platform, specifying the type of transaction, the amount and the currencies involved in the exchange.

2. The User verifies the Order using an authorisation code or other authentication mechanism provided on the Finunion Platform.

3. After confirming the Order, the User receives the final terms of the transaction on the screen, including the exchange rate and the amount of fees due. The exchange rate may change until the Order is confirmed by the User.

4. After accepting the terms and conditions of the Order, the User receives information about the address of the Cryptocurrency wallet to which they should transfer the Cryptocurrency, or information about the amount to be received after the exchange is completed.

5. The User has 5 (five) minutes to transfer the Cryptocurrency to the specified wallet address; after this time, the Order is cancelled and the exchange rate expires.

6. After the Cryptocurrency is sent, the transaction is entered into the blockchain network, and the User receives a notification about its status to the email address or phone number associated with the Account. After the transaction is confirmed in the blockchain network, the User receives a final confirmation of its execution.

7. The Provider executes Orders immediately after receiving confirmation from the blockchain network, taking into account security rules and current market conditions.

2. The User bears full responsibility for the correctness of the data entered in the Order form. The Provider shall not be liable for the execution of an Order based on incorrect data provided by the User, including an incorrect cryptocurrency wallet address or an incorrect transaction amount.

3. After the Order has been executed, the User receives confirmation of its execution in the form of a message on the Finunion Platform and to the email address or phone number associated with the Account.

4. With regard to FIAT↔crypto exchange, the Provider only provides an interface to external on-/off-ramp services; FIAT funds are not stored by the Provider at any time.

§ 11. [Copyright; licence; intellectual property]

1. It is prohibited to copy and distribute materials found on the Finunion Platform without the written consent and knowledge of the copyright holders. In order to obtain consent to copy or distribute materials presented on the Finunion Platform, the User should contact the Provider.

2. The Provider hereby informs the User that any violation of the prohibition referred to in the preceding paragraph may result in civil or criminal liability.

3. All rights to the Finunion Platform, including copyrights, intellectual property rights to the name of the Finunion Platform, the internet domain, as well as to forms, logos, etc., belong to the Provider, and their use may only take place in the manner specified and in accordance with the Terms and Conditions. This applies in particular, but not exclusively, to software, trade names, descriptions and trademarks. Any use thereof may only take place with the prior written consent of the Provider.

4. The use of the Services or Cryptocurrency Services may not exceed the scope specified in the Agreement binding the User to the Provider.

5. The User is not entitled to make any modifications to the Finunion Platform. The use of the Finunion Platform is only possible with the use and to the extent enabled by the programming tools provided to the User for this purpose by the Supplier.

6. The User is not entitled to reproduce, make available to third parties, develop in whole or in part a similar system using the Finunion Platform as a model, or perform any other activities that infringe the Provider’s copyright.

7. The User is not entitled, regardless of the technical means used, to allow third parties to use the Finunion Platform or to use the Finunion Platform for the purposes of third parties.

8. Violation of the provisions of this paragraph by the User may result in the blocking or deletion of the User’s Account, as well as civil and/or criminal liability for the User.

§ 12. [Liability and risks]

1. With regard to the liability and risk associated with the provision of Services via the Finunion Platform, the User accepts that:

a. the blockchain network does not have a central administrator who supervises or corrects the course of transactions,

b. transactions on blockchain networks may involve additional costs (e.g. transaction fees – gas fees) and delays resulting from network congestion,

c. the Provider is not responsible for the incompatibility of the User’s hardware or software with the requirements of the Application or the Website,

d. The Provider shall not be liable for delays or failures in the transfer of Cryptocurrencies resulting from the functioning of the blockchain network or for the operation of external wallets or other third-party systems,

e. The Provider shall not be liable for fluctuations in the value of Cryptocurrencies stored in the Wallet – the User bears the full investment risk and lost profits,

f. The Provider does not guarantee a fixed exchange rate for Cryptocurrencies against FIAT currencies or other Cryptocurrencies.

2. The Provider shall not be liable for any actions of the User that are not attributable to the Provider, in particular for failure to protect the device against viruses, phishing or other forms of cyber attacks. The Provider uses security measures that comply with current technical standards, but shall not be liable for any actions of the User that lead to the loss of funds.

3. The Provider reserves the right to temporarily interfere with the technical structure of the Account in order to diagnose or remove irregularities in the functioning of the Finunion Platform.

4. The Provider may temporarily restrict or disable certain functionalities of the Platform for maintenance, updating or development of services, after informing Users in advance, if technically possible.

5. The Provider shall not be liable for any errors made by the User, including in particular when making transactions and registering an Account.

6. The Provider shall not be liable for any infringement of copyright or other rights of third parties committed by Users or other persons using the Platform.

7. The User controls the Cryptocurrencies stored in the Wallet. They may withdraw them at any time to an external wallet address or exchange them for other Cryptocurrencies, subject to applicable procedures and order execution times.

8. For security reasons, the Provider may suspend the execution of an operation ordered by the User for up to 2 working days, and in justified cases – especially if there is a suspicion of a violation of the provisions of the AML Act or tax regulations – for a longer period, after informing the User, if this does not conflict with the Provider’s legal obligations.

9. In the event of suspected fraud, crime or violation of the Terms and Conditions, the Provider may block funds in the User’s Account or Wallet for a period not exceeding 96 hours. During this period, the funds may be secured against sale, exchange or withdrawal.

10. The User may not revoke or change a transaction ordered in the Wallet. The Provider may suspend, delay, redirect or cancel a transaction if there is a reasonable suspicion of a violation of the law or these Terms and Conditions.

11. All actions of the Provider described in this paragraph are aimed at ensuring the security of the Finunion Platform and protecting Users against loss of funds or unauthorised access.

12. The Provider shall not be liable for Users’ tax settlements related to the use of the Platform. The User is obliged to settle income from transactions independently in accordance with the tax regulations applicable to their place of residence or business.

§ 13. [Withdrawal from the Agreement]

1. A consumer who has concluded a Distance Agreement with the Provider has the right to withdraw from the Agreement without giving any reason within 14 (fourteen) days from the date of its conclusion – on the terms specified in this paragraph and resulting from the Act of 30 May 2014 on consumer rights („u.p.k.”).

2. The right to withdraw from the Agreement does not apply in the cases specified in Article 38 of the CPA, in particular with regard to agreements:

1. for the provision of services for which the Consumer is obliged to pay, if the Supplier has performed the service in full with the express and prior consent of the Consumer, who was informed before the commencement of the service that after its performance he would lose the right to withdraw from the Agreement, and acknowledged this;

2. in which the price or remuneration depends on fluctuations in the financial market or the cryptocurrency market over which the Supplier has no control and which may occur before the expiry of the deadline for withdrawal from the Contract;

3. for the supply of digital content not delivered on a tangible medium, if the Supplier has commenced performance with the express prior consent of the Consumer, who has been informed that they will lose their right to withdraw from the Contract once performance has commenced, and has acknowledged this.

9. In order to withdraw from the Contract, the Consumer must inform the Supplier of their decision to withdraw from the Contract by means of an unequivocal statement.

10. The statement of withdrawal from the Contract may be submitted:

a. in writing to the correspondence address: ul. Wilcza 51/41, 00-679 Warsaw,

b. by e-mail to the following e-mail address: [email protected],

c. via the Telegram messenger, where the Supplier is listed under the username: @finwarsaw.

11. The Supplier shall confirm receipt of the statement of withdrawal from the Agreement within 2 working days of its receipt. In the absence of confirmation, the Consumer should contact the Supplier via another communication channel.

12. To meet the deadline for withdrawal from the Agreement, it is sufficient to send the information about the withdrawal before its expiry.

13. Withdrawal from the Agreement does not result in the automatic transfer or payment of Cryptocurrencies stored in the Wallet. Before submitting a statement of withdrawal, the Consumer is obliged to pay or transfer all Cryptocurrencies held to an external Wallet address. In the absence of such a withdrawal, the Supplier may make a refund in another form, in accordance with applicable law and technical capabilities.

14. The refund of Cryptocurrencies as a result of withdrawal from the Agreement shall be made within 1 business day from the date of effective submission of the declaration of withdrawal, provided that the Consumer has previously provided all the technical information necessary to process the refund. The Supplier shall not be liable for delays resulting from failure to provide the required data or reasons attributable to the blockchain network.

§ 14. [Complaints]

1. The Supplier is obliged to provide the Services in accordance with the concluded Agreement and the provisions of these Terms and Conditions. The Supplier shall be liable only for Services related to the handling and exchange of Cryptocurrencies and the functioning of the Finunion Platform.

2. The User has the right to lodge a complaint regarding the operation of the Finunion Platform or the quality of the Services provided. In the event of defects in the services, the Supplier shall be liable to the Consumer on the terms specified in the Civil Code, including in particular under the warranty.

3. With regard to Entrepreneurs, the Provider’s liability, including under warranty, is excluded to the fullest extent permitted by law.

4. Complaints may be submitted:

a. in writing to the mailing address: ul. Wilcza 51/41, 00-679 Warsaw,

b. by e-mail to the following e-mail address: [email protected],

c. via Telegram, where the Supplier is listed under the username: @finwarsaw.

5. The complaint should include:

a. the User’s first and last name or name,

b. contact details (e-mail address or telephone number),

c. a description of the complaint and the content of the User’s request,

d. in the case of technical problems with the Finunion Platform:

i. type of Service not performed,

ii. approximate date and time of the event,

iii. name and model of the device, operating system version and Application version (if applicable).

6. The complaint will be considered by the Provider within 14 (fourteen) days of its submission.

7. In particularly complex cases which prevent the complaint from being considered within the time limit specified in section 6 (e.g. when additional technical analyses are required), the Provider shall:

a. inform the User of the reasons for the delay,

b. indicate the circumstances that must be established in order to consider the case,

c. specify a new deadline for responding, but no later than 60 working days from the date of receipt of the complaint.

8. If the deadlines specified in section 6 or section 7(c) are not met, the complaint shall be deemed to have been considered in accordance with the User’s wishes.

9. The response to the complaint should include, in particular:

a. factual and legal justification, unless the complaint has been considered in accordance with the User’s wishes,

b. the name and surname of the person responding, together with their official position,

c. specify the date by which the User’s claim will be resolved (no later than 30 days from the date of the response).

10. If the complaint is not accepted, the response should also include information about the possibility of:

a. use the services of a mediation institution or arbitration court,

b. bringing an action before a common court, indicating the competent court and the entity that should be sued.

11. The consumer has the right to use extrajudicial means of dealing with complaints and pursuing claims. This can be done in particular:

a. through mediation or arbitration,

b.using the online dispute resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr,

c.by seeking assistance from the local (municipal) consumer ombudsman.
This right does not apply to Entrepreneurs.

12. In the case of complaints submitted by an Entrepreneur, failure to respond within the time limit referred to in section 6 or 7 shall constitute a refusal to accept the complaint.

13. If, as a result of the complaint being considered, the User withdraws from the Agreement, any funds or digital assets shall be refunded in the manner specified in § 13 of the Terms and Conditions.

§ 15. [Personal data / Privacy policy]

1. The Provider shall exercise due diligence to ensure an adequate level of IT security for the Finunion Platform, including the protection of Users’ data against loss, unauthorised access or modification.

2. Due to the specific nature of information technology, new vulnerabilities or security threats may be discovered in the future. The Provider recommends that Users regularly update the Application to the latest version and follow the security rules published by the Provider in announcements or in the Security Policy.

3. The administrator of Users’ personal data is Finunion Sp. z o.o. with its registered office in Warsaw, ul. Wilcza 51/41, 00-679 Warsaw, e-mail address for contact in matters of data protection: [email protected].

4. Detailed rules for the processing of personal data by the Provider, including the purposes, legal bases, storage periods and rights of data subjects, are set out in the Privacy Policy, available in the Application and on the website: https://finunion.pl/polityka-prywatnosci.

§ 16. [Amendments to the Terms and Conditions]

1. The Provider reserves the right to unilaterally amend the content of the Terms and Conditions at any time, provided that the amendments do not have retroactive effect and do not restrict the rights acquired by Users prior to the entry into force of the new provisions of the Terms and Conditions.

2. Amendments to the Terms and Conditions shall be made public by publishing an appropriate announcement in the Application and on the Website, and also, if possible, in the form of an e-mail sent to the e-mail addresses assigned to the Users’ Accounts.

3. Information about planned changes, their content and scope shall be published no later than 14 days before they come into force, except in the cases described in section 5 below.

4. If the User does not object to the changes within 14 days of their announcement, it shall be deemed that they have agreed to the amendment of the Terms and Conditions. The User has the right, before the changes come into force, to object to their introduction, which results in the termination of the Agreement without incurring additional costs. In this case, the Agreement expires on the day preceding the entry into force of the new version of the Terms and Conditions.

5. The Supplier may introduce changes to the Terms and Conditions with immediate effect if there are important reasons, in particular:

a. the need to adapt the Terms and Conditions to generally applicable law,

b. a decision issued by a court or administrative authority resulting in the need to amend the Terms and Conditions,

c. a change in legal regulations regarding the activities conducted by the Supplier,

d. improvement of security, functionality or the level of personal data protection,

e. expansion, improvement or modification of the functionality of the Finunion Platform.

6. Services whose performance commenced before the amendments to the Terms and Conditions came into force shall be performed on the existing terms and conditions, unless the new terms and conditions are more favourable to the User.

7. Amendments to the Terms and Conditions shall enter into force 14 days after their publication on the Finunion Platform, unless the provisions of law or the nature of the amendment require them to enter into force earlier.

§ 17. [Final provisions]

1. These Terms and Conditions shall enter into force on 8 October 2025. Archived versions of the Terms and Conditions are available at the User’s request and in the Application and on the Website.

2. The law applicable to these Terms and Conditions and all legal relations between the Provider and the User is Polish law.

3. Any disputes arising from Agreements concluded via the Finunion Platform shall be settled by a common court of law competent for the Supplier’s registered office.

4. Paragraph 3 does not apply to Consumers – in their case, the jurisdiction of the court is determined in accordance with the provisions of the Code of Civil Procedure.

5. The Supplier informs that the Consumer has the possibility to use extrajudicial means of dealing with complaints and pursuing claims. The rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations dealing with consumer protection and Provincial Inspectorates of Trade Inspection.

Detailed information can be found at: www.uokik.gov.pl.

6. The consumer may also:

a. apply to a permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection,

b. submit a request for mediation to the provincial inspector of the Trade Inspection Authority,
c. use the free assistance of the district (municipal) consumer ombudsman or a social organisation dealing with consumer protection,

d. submit a complaint via the EU ODR platform available at: http://ec.europa.eu/consumers/odr.

Appendix No. 1

FEE TABLE

No.	Type of activity	Fee amount
1.	Opening a user account	0 PLN
2.	User account maintenance fee	PLN 0
3.	Electronic confirmation of transaction execution	PLN 0
4.	Blocking and unblocking access to the website	0 PLN
5.	Deposit (payment to account)	0 PLN
6.	Fiat-to-Fiat exchange	0 PLN
7.	Fiat-to-Crypto exchange (commission charged in USD or equivalent in EUR, PLN, USDC)	1.5%
8.	Crypto-to-Fiat exchange	1%
9.	Crypto-to-Crypto Exchange	0.2%