Terms of Use

Terms of Use


**§ 1 Definitions**  

1. **B2GO.IO or the Company** -  AJN TECH - Administrator of website B2GO.IO, 

2. **Business day** - a day from Monday to Friday except for public holidays, from 8:00 a.m. to 6:00 UTC  

3. **Consumer** - a person who is a consumer under the provisions of the Directive [2011/83/EU Directive of the European Parliament and of the Council of October 25, 2011, on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council].  

4. **KYC procedure** - the procedure for identifying the User by B2GO, in order to prevent money laundering and financing of terrorism.  

5. **Terms and Conditions** - these Terms and Conditions (T&C).  

6. **Service/Site** - Internet Service operated by B2GO, available at www.b2go.io, the main function of which is the purchase of Virtual Currency through the Service by the User.  

7. **Transaction** - a series of actions performed by the User or B2GO in order to purchase Virtual Currencies in accordance with the exchange rate agreed between the User and the Company due to the exchange of cash (FIAT) for Virtual Currency initiated by the User.  

8. **User Contract** - a Contract between the User and B2GO based on the Terms and Conditions, under which B2GO undertakes to provide Services to the User, concluded for the duration of the performance of such services.  

9. **Services for the User** - services provided by B2GO to the User electronically involving the exchange of FIAT currency into Virtual Currency.  

10. **User** - an individual using the Service.  

11. **Virtual currency** - the virtual currency or virtual currencies specified in these Terms and Conditions which may be sold or redeemed from the Company by using the Service. The virtual currencies accepted by B2GO are listed here. Changes in the scope of the Virtual Currency accepted by the Service in settlements do not constitute an amendment to the Terms and Conditions within the meaning of §12. At the same time, it is a digital representation of a value that is not:  

    1. Legal tender issued by the National Bank, foreign central banks, or other public administrations,  

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

    3. Electronic money, as referred to in Article 2 item 21a of the Payment Services Act of August 19, 2011 (Journal of Laws of 2019, item 659 as amended - hereinafter referred to as UUP);  

    4. A financial instrument referred to in Article 2(1) of the Act on Trading in Financial Instruments of July 29, 2005 (Journal of Laws of 2018, item 2286 as amended - hereinafter referred to as UOIF);  

    5. Bill of exchange or check.  

12. **Conventional currency** - Fiat currency, fiduciary currency - the currency accepted by B2GO for settlement, issued by the relevant national bank or other entity authorized to issue money, a list of which can be found here. Changes in the scope of the Conventional Currency accepted by the Service in settlements do not constitute an amendment to the Terms and Conditions within the meaning of §12.  

13. **AML** - Anti-Money Laundering and Countering the Financing of Terrorism Law.  


**§ 2 Contact and Communication Information**  

1. Email address: contact@b2go.io

2. B2GO communicates with Users in English,

3. The primary form of communication between B2GO and Users is by electronic means, through the contact form available on the Website.  


**§ 3 General Provisions**  

1. At the same time, the Terms and Conditions constitute the terms and conditions of the service provided electronically by B2GO.  

2. Pursuant to the Terms of Service, B2GO provides User Services to Users, within the scope of the Service made available to the User, and defines the rights and obligations of the User and B2GO.  

3. Any information contained in the Service cannot be interpreted as an offer within the meaning of the Civil Code, but only as an invitation to submit offers by the User.  


**§ 4 Using the Service**  

1. In order to use the Site and the services, it is necessary to have a device with an Internet browser that supports JavaScript and cookies, with access to the Internet, an active email account, and, if the User intends to buy or sell Virtual Currency, a portfolio for trading the Virtual Currency which will be used for the settlement.  

2. The User shall bear the fees associated with Internet access in accordance with the tariffs of their telecommunications operator.  

3. The user is obliged to use the Site and services in accordance with the law and the rules of social intercourse. In particular, it means that the User must not provide content of an unlawful nature as well as content that may cause disruption or damage to information systems.  

4. The Site is available twenty-four hours a day. You may contact the Site support on Business Days.  

5. Use of the Site is voluntary.  

6. An absolute condition for using the Site is the User’s consent to the Terms and Conditions on the Site.  

7. B2GO is not responsible for any disruptions, including technical interruptions in the operation of the Site caused by the force majeure, unauthorized actions of third parties, or for the incompatibility of the Site with the User’s technical infrastructure.  

8. The services provided by the Site are chargeable. The fee for using the Site is included in the exchange rate of the Virtual Currency.  

9. Due to the high volatility of virtual currencies, the rate for the purchase of Virtual Currencies indicated in the User’s request for quotation may slightly differ from the actual finalized transaction.  


**§ 5 KYC Procedure**  

1. B2GO is an obligated institution within the meaning of AML.  

2. In accordance with the AML, the Company applies the financial security measures stipulated in Article 34 of the AML and exercises due diligence in carrying out activities and fulfills its obligations under the AML.  

3. In view of § 6.2, B2GO may carry out certain obligations, in particular with regard to identification and verification of Users' identity prior to Transactions. The User, with the above in mind, shall cooperate with the Company in the implementation of its obligations under the AML, in particular, the User shall refrain from actions that are inconsistent with the AML, such as preventing or hindering the identification of the User by B2GO, unjustifiably splitting one transaction into several smaller transactions that are linked.  

4. B2GO is entitled to refuse the service if it is unable to fulfill its obligations under the AML. In this case, the Company shall not be liable for failure to perform or improper performance of its obligations under the Contract.  

5. B2GO is obliged to perform the Service for the User in a reliable manner.  

6. B2GO reserves the right to temporarily block access to the Site and the ability to make Transactions.  

7. B2GO shall not be liable for failure to perform or improper performance of the Service if it is caused by circumstances not attributable to B2GO.  

8. B2GO shall not be liable for the User's failure to perform or improper performance of obligations under generally applicable law.  

9. B2GO shall not be liable for providing false and incomplete user information by the User, in particular, in the case of providing data of third parties without their consent or knowledge.  

10. B2GO shall not be liable for the User's provision of a Virtual Currency portfolio address that does not comply with applicable standards. B2GO does not have the technical ability to recover the funds and is not responsible for their loss.  

11. The User is aware that Virtual Currencies are not conventional currency or electronic money - they do not fall within the scope of the Payment Services Act of August 19, 2011 (Journal of Laws of 2011, No. 199, item 1175, as amended) and the Financial Instruments Trading Act of July 29, 2005 (consolidated text: Journal of Laws of 2014, item 94 as amended).  


**§ 6 Services for the User**  

1. As part of the User Services provided on the Site, B2GO sells Virtual Currencies to the User.  

2. As part of the User Services, the User may make Transactions, i.e., purchase Virtual Currencies on the Site from B2GO.  


**§ 7 Payments and Accounts**  

1. All payments made by Users in connection with the purchase of Virtual Currency on the Site shall be made exclusively using Conventional Currency.  

2. In order to make a Transaction, the User, using appropriate functionality of the Site, submits an offer to B2GO to conclude a contract by specifying in the appropriate place on the Site the amount and type of Virtual Currency to be purchased, and accepts that the purchase of Virtual Currency will be made at the exchange rate in effect at the time the funds are credited.  

3. The moment of conclusion of the contract for the sale of Virtual Currency is considered to be the moment when the funds are credited, whether in the bank account kept for B2GO in the case of the chosen payment method of direct deposit or by means of a payment method using a payment gateway. The Company shall inform the User of this fact using the relevant functionality of the Site or using the email address indicated by the User.  

4. The total value of a single transaction must not exceed the amount of EUR 1,000 (one thousand).  

5. The total value of a single transaction or the sum of all consecutive transactions within 30 (thirty) calendar days must not exceed the amount of EUR 1,000 (one thousand).  

6. Payment methods available on the Site are available here.  

7. If the User intends to purchase Virtual Currency, the User must provide the appropriate instruction using the relevant function on the Site and transfer the appropriate amount of Conventional Currency to the B2GO payment account as payment. B2GO will transfer the amount determined in accordance with the exchange rate accepted by the User and B2GO to the Virtual Currency portfolio designated by the User specific to the Virtual Currency which the transaction was made with.  

8. If a Transaction is ordered by the User outside a Business Day, it is settled on the nearest Business Day.  

9. Each order for the purchase of Virtual Currency on the Site by the User for the purposes of settlement between the User and B2GO is considered and settled separately, as one independent, indivisible transaction.  


**§ 8 Complaints**  

1. Complaints regarding the functioning of the Site and the concluded Contract referred to in §3 may be submitted by the User electronically, to the email address: contact@b2go.io

2. B2GO shall consider complaints immediately, but no later than within 30 (thirty) days of its receipt.  

3. Each User as a Consumer has the right to use out-of-court methods of redress, including, in particular:  

    a. Permanent Arbitration Consumer Courts at Provincial Inspectorates of Trade Inspection

    b. Municipal (district) Consumer Ombudsman  

    c. Other competent bodies for out-of-court redress;  

    d. ODR platform, available at: [http://ec.europa.eu/odr](http://ec.europa.eu/odr); 


**§ 9 Reservations**  

1. B2GO points out that cryptocurrencies are not a means of payment, and there is a particular risk of monetary loss associated with any cryptocurrency trading. Before making transactions related to cryptocurrencies, the User should make his or her own assessment of transaction risks, and in particular, read the positions of market supervisory and regulatory authorities such as the European Banking Authority (EBA) or relevant national authorities (e.g., the Financial Supervisory Commission or the Office of Competition and Consumer Protection).  

2. When making an order for the purchase or sale of a Virtual Currency through the Site, the User should take into account all the risks involved, in particular the risk of a sudden change in the exchange rate (valuation) of the Virtual Currency or the Conventional Currency, as well as the risk associated with the lack of supervision over Virtual Currencies by public authorities, and the special risks associated with the operation of virtual currency exchanges independent of B2GO, including the risk of loss of solvency of such exchanges.  

3. B2GO's activities with respect to the services offered do not constitute payment services (within the meaning of the PSD2 Directive, i.e., Payment Services Directive 2) of the Directive of the European Parliament and of the Council (EU) 2015/2366 of November 25, 2015, on payment services in the internal market investment advisory services or investment activities (within the meaning of the MIFID II Directive, i.e., Directive 2014/65/EU of the European Parliament and of the Council of May 15, 2014, on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU; or any other regulated activity within the meaning of specific Polish or European Union regulations).  

4. The User and B2GO shall be liable to each other on general terms, however, as long as this does not violate mandatory provisions of the law applicable to the Consumer (including not constituting prohibited contractual provisions), the liability of the parties to each other shall be limited to the amount of fee charged by B2GO from that User for the provision of services to that User.  

5. B2GO, as part of its activities, including the Site, does not provide advisory services - in particular, investment advisory services.  

6. B2GO is not responsible for the actions of Users and third parties beyond the Company's control - especially for attempts at fraud or scams, as well as misrepresentation by Users or third parties beyond B2GO's influence.  

7. B2GO, in the course of operating the Site, uses the services of third parties in order to ensure permanent and faultless functionality of the Service and to provide as many available payment methods as possible.  

**§ 10 Personal Data**  

1. Personal data provided by the User in the course of using the Site will be controlled by B2GO.  

2. The purpose of processing the User's data is primarily to perform the contract for the provision of services on the Site. The basis for the processing of personal data in this case is a contract for the provision of services or actions taken at the request of the User aimed at its conclusion (Art. 6 (1) (b) of the General Regulation of the European Parliament and of the Council (EU) on data protection - "GDPR"), User's legal obligation related to accounting and prevention of money laundering and terrorist financing (Article 6(1)(c)), and the Company's legitimate interest in processing the data in order to establish, assert or defend possible claims (Article 6(1)(f) GDPR).  

3. Provision of data by the User is voluntary, but at the same time necessary to conclude the contract. Failure to provide data in this case means that the contract cannot be concluded.  

4. User data will be processed until:  

   a) B2GO ceases to be under a legal obligation requiring it to process User data;  

   b) the possibility for the User or B2GO to assert claims related to the contract or the Service ceases;  

   c) the User's objection to the processing of his/her personal data is accepted - where the basis for the processing was the legitimate interest of B2GO,  

   depending on what is applicable in the case and what will happen at the latest.  

5. The User has the right to request:  

   a) access to the content of your personal data,  

   b) their rectification,  

   c) their removal,  

   d) limitation of processing,  

   e) transfer of their data to another controller,  

   as well as the right to:  

   f) object at any time to the processing of data on grounds related to the User's particular situation - to the processing of personal data concerning him/her, based on Article 6(1)(f) of the GDPR (i.e., on legitimate interests pursued by B2GO).  

6. User’s data will be transferred to the following third parties:  

   a) hosting providers - to store data on a secure server;  

   b) the entity providing the mailing system and database - in order to efficiently send messages to Users;  

   c) with respect to User data in connection with sales made by the User - to an accounting office and an accounting software provider.  

   Accordingly, User’s data will be processed outside the European Union. An appropriate level of protection of User data, including through the use of appropriate safeguards, is ensured by participation of these entities in the EU-U.S. Privacy Shield, established by an executive decision of the European Commission as a set of principles guaranteeing adequate privacy protection.  

7. In order to exercise their rights, the User should contact B2GO.  

8. If the User considers that his/her data is being processed in violation of the law, the User has the right to lodge a complaint to the President of the Office for Personal Data Protection.  

9. For detailed information regarding B2GO's processing of personal data (including other purposes and grounds for processing and recipients of data), please refer to the privacy policy posted on the Site.  


**§ 11 Validity of the Contract and Its Amendment**  

1. The Contract with the Site User is concluded on the basis of the Terms and Conditions through the Site. The Contract may also be terminated through the Site.  

2. The User may terminate the Contract without assigning any reason, at any time, with immediate effect, either by selecting the appropriate option on the Site or by sending an email with a statement of termination to the email address specified in §2.  

3. The applicable law in matters related to these Terms and Conditions (including the services provided) is Polish law, with the choice of Polish law being made without prejudice to the protection afforded to consumers by mandatory provisions of the law of the country of their habitual residence, as well as provisions of European or other law applicable to the Consumer - in accordance with the provisions of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I Regulation). This means, in particular, that if the national regulations applicable to a given Consumer provide for protection broader than that provided under these Terms and Conditions or Polish law - the broader protection shall apply.  

4. If any of the provisions of the Terms and Conditions would lead to a limitation of the Consumer's rights under mandatory provisions of law (including those applicable under the provisions of the Rome I Regulation), the application of which in relation to the Consumer cannot be limited or excluded - in relation to the User who is a Consumer these provisions of the Terms and Conditions shall not apply.  

5. B2GO is authorized to change the Terms and Conditions (including the Contracts concluded on its basis) only for important reasons, indicated in paragraph 6, provided that the User is informed of the planned changes in advance, via email, at least 7 days before the proposed change.  

6. The following are considered valid reasons for termination or amendment of the Terms and Conditions or Contracts:  

   a. adjusting the Site or Services to comply with laws affecting them;  

   b. change in charges or new charges of a public-legal nature affecting the provision of services;  

   c. improvement of the functionality of services or measures to increase the competitiveness of services;  

   d. improving the security of services provided;  

   e. recommendations or other types of requests and suggestions from public administrations, in particular financial market supervisory authorities such as the EBA or competent national authorities (e.g., the Commission of Financial Supervision);  

   f. changes in the cost of services provided by third-party providers, the cost of maintaining and operating the infrastructure to the extent used in the provision of services.  

7. User's failure to object to the proposed changes is tantamount to consent to them.  

8. The User, prior to the proposed effective date of the changes, has the right to terminate the contract, without charge.  

9. If the User objects to the proposed changes, but does not give notice, the Contract will terminate on the day before the proposed changes take effect.  

10. Any disputes between B2GO and the User shall be resolved by a court of competent jurisdiction after application of the general rules of jurisdiction.  


**§ 12 Withdrawal from the Contract**  

1. The User has the right to withdraw from the contract concluded through the Site. The User may withdraw from the Contract within 14 (fourteen) days of its conclusion without giving any reason or incurring costs, subject to paragraph 3.  

2. Withdrawal from the Contract may be made, in particular, by submitting a statement of withdrawal, a sample of which is attached as Annex 1 hereto. The declaration of withdrawal may be provided to B2GO electronically or in writing, to the addresses indicated in these Terms and Conditions.  

3. The User also must not withdraw from a Contract in which the price or fee depends on fluctuations in the financial market which B2GO has no control over, and which may occur before the end of the withdrawal period.  


**Annex 1 - Sample Form of Withdrawal from the Contract by the Consumer**


MODEL WITHDRAWAL FORM

contact@b2go.io  

Consumer’s name: _________________________  

Consumer's address: _________________________  

I/We(*) hereby inform(*) of my/our withdrawal from the contract of sale of the following items(*)  

a contract for the supply of the following things(*) a contract for the performance of the following things(*)/for the provision of the following service(*)  

- Date of the contract(*)/reception(*)  

- Name of the Consumer(s):  

- Consumer(s)' address:  

- Consumer(s)’ signature(s) (only if the form is sent in print)  

- Date  


(*) Delete as appropriate.