Terms of Service

Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Zypto ("Company," "we," "us," or "our"), concerning your access to and use of the Zypto.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (hereinafter referred to as Zypto Products or Services). Such agreement will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using Zypto Products and Services. Some features of the Zypto Products and Services may be subject to additional guidelines, terms, or rules (hereinafter Additional Terms), which are or will be displayed in connection with such features. All such Additional Terms are incorporated by reference into this Agreement. If this Agreement is in any way contrary to any Additional Terms, the Additional Terms shall prevail. By using said products or services you expressly accept each of the relevant Additional Terms.

You agree that by accessing Zypto Products or Services, you have read, understood, and agreed to be bound by all of these Terms and Conditions.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of Zypto Products or Services after the date such revised Terms are posted.

The information provided on Zypto Products or Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access Zypto Products or Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Neither the Websites nor the content available within them constitutes professional advice, and neither should be relied upon by you or any third party, including for example to operate or promote your business, secure financing or capital in any form, obtain any regulatory or governmental approvals, or otherwise to procure services or other benefits from any entity.

Before making any decision or taking any action, you should consult with professional advisers.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use Zypto Products or Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

If you are an individual, you represent and warrant that you have attained the age of majority in the jurisdiction in which you reside - in each case you are at least 18 years of age or meet the obligations associated with being considered an adult in that jurisdiction, if different. If you are a minor please cease to use Zypto Products and Services at once.

If you are using Zypto Products and Services on behalf of a corporation or other organisation, you represent and warrant that you have the ability to agree to these Terms on behalf of such organisation and all references to "you" throughout these Terms will include such organisation, jointly and severally with you personally.

You represent and warrant that you and/or the organization you are acting on behalf of:

• are not located, organized, or resident in a country that is subject to an embargo imposed by a government, union, or an intergovernmental organisation, including without limitation the United States, the United Kingdom, the European Union or any EU member state, or the United Nations, or that has been designated by such parties as a "terrorist supporting" country;
• are not listed on any government, union, or intergovernmental organisation list of prohibited or restricted parties;
• are not owned or controlled, directly or indirectly, by any party described in clauses (i) and (ii) of this provision.

If any applicable law, rule or regulation prohibits you from accessing Zypto Products and Services, you may not access them. If you nevertheless access or use Zypto Products and Services, you will still be bound to these Terms and shall have all the obligations, responsibilities and liabilities as if you were eligible to do so.

Intellectual Property Rights

Our Content

Except where expressly stated otherwise, all right, title, and interest in and to Zypto Products and Services and all Content, source code, processes, designs, technologies, URLs, domain names, marks, and logos forming any part of Zypto Products and Services (collectively, "Our Content") are: (a) fully vested in us, our licensors, or our suppliers and (b) protected by applicable copyrights, trademarks, patents, trade secrets, database rights, or other proprietary rights and laws.

You agree that access and use of Our Content is subject to these Terms, including the disclaimers and limitations of liability herein. Nothing in your use of Zypto Products and Services or these Terms grants you any right, title or interest in or to Our Content except the limited right to use Zypto Products and Services as set out in these Terms.

Unless otherwise expressly authorised by us in writing, you agree not to:

• copy, modify, deep link, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in Our Content;
• remove any proprietary notices or labels on or in Our Content; or
• allow any other person or entity to engage in any of the foregoing.

Your Content

The Site does not offer users the ability to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on Zypto Products or Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of Zypto Products or Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Zypto Products or Services Privacy Policy.

When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, Zypto Products or Services, and other users of Zypto Products or Services to use your Contributions in any manner contemplated by Zypto Products or Services and these Terms.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by Zypto and these Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

Any use of Zypto Products or Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use Zypto Products or Services.

If you choose to make publicly available any of your personal information or other information through the Websites (for example through posting a comment or other form of Contribution), you do so at your own risk. You will also comply with all relevant requirements set out in these Terms when making a Contribution.

You acknowledge and agree that your Contributions are not confidential; that your provision of Contributions is gratuitous, unsolicited and without restriction; and that the provision of any Contribution does not place Zypto under any fiduciary or other obligation.

We may (but have no obligation to) monitor, evaluate, alter or remove Contributions before or after they appear on the site; however, we have no control over and are not responsible for any use or misuse (including any distribution) by any third party of Contributions. If and when we do monitor your use of one or more of Zypto Products or Services, we will do so in accordance with applicable law.

You represent and warrant that you have all rights necessary to grant the licenses referred to in these Terms.

You irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Contribution that you may have under any applicable law under any legal theory.

Ownership

We do not claim ownership of your Contributions; however, you agree that by posting, uploading, inputting, providing, submitting, entering, or otherwise transmitting your Contributions to us or any third party using the Websites:

• You have thereby granted us a royalty-free, non-exclusive, worldwide, fully paid-up, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyse, exploit and practice any comment or Contribution, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials);
• You confirm, represent and warrant to us that you have all rights, titles and interests, as well as the power and authority necessary, to grant the license to your Contributions set out above;
• You acknowledge and agree that the technical processing and transmission of the Websites, including your Contributions, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that your Contributions may be subject to "caching" or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet.

Unless otherwise indicated, Zypto Products or Services is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on Zypto Products or Services (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Poland, international copyright laws, and international conventions. The Content and the Marks are provided on Zypto Products or Services "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of Zypto Products or Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use Zypto Products or Services, you are granted a limited licence to access and use Zypto Products or Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to Zypto Products or Services, the Content and the Marks.

Intellectual Property Infringement and Other Unlawful Content

If you believe in good faith that materials made available on Zypto Products or Services infringe your intellectual property rights or are otherwise unlawful, you (or your agent) may send to Zypto a written notice by mail or e-mail, requesting that Zypto remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice against you, you can send a counter-notice to Zypto. Notices and counter-notices must be sent in writing to Zypto agent by e-mail to contact@zypto.com with appropriate title. We suggest that you consult your legal advisor before filing a notice or counter-notice.

User Representations

By using Zypto Products or Services, you represent and warrant that: (1) all information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access Zypto Products or Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use Zypto Products or Services for any illegal or unauthorised purpose; and (7) your use of Zypto Products or Services will not violate any applicable law or regulation.

User Registration

Features

Certain features of Zypto Products or Services are available only to Registered Users. Additional features may be made available to Registered Users over time.

Registered User

You may be required to register with Zypto Products or Services. To register, you will need to provide certain information about yourself and create a username and password. This combination of information ("Account") will be your Account as a Registered User.

Registrations may be accepted, rejected or cancelled by us at any time and for any reason. If your registration is cancelled, you will continue to have access to the Websites; however, you will no longer have access to features available only to Registered Users.

You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Responsibilities of Registered Users

If you choose to register with us and become a Registered User, you agree you are solely responsible for your Account and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission. In becoming a Registered User, you also agree to:

• maintain the confidentiality and security of your Account, including your username and password;
• notify us immediately of any unauthorised use of your Account, Account password, or service provided through your Account, as well as any breach of security with respect to your Account, Account password, or service provided through it; and
• assist us, if and as we request, to stop or remedy any breach of security related to your Account.

Privacy of Registered Users

Our Privacy statement explains how we protect and use your personal information; the Registered User section of the Privacy statement explains additional information we collect and additional uses of information about Registered Users.

Termination of the Account and Other Measures

These Terms shall remain in full force and effect while you use Zypto Products or Services.

We may, in our sole discretion, suspend, restrict or terminate your use of Zypto Products or Services (including your Account, if you are a Registered User), effective at any time, without notice to you, for any reason or for no reason, including because the operation or efficiency of Zypto Products or Services or our or any third party's equipment or network is impaired by your use of Zypto Products or Services; we have received a third party complaint which relates to your use or misuse of Zypto Products or Services; or you have been or are in breach of any term or condition of these Terms. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to Zypto Products or Services.

We reserve the right, but not the obligation, to: (1) monitor your use of Zypto Products or Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Activities

Acceptable Activities

You will use Zypto Products or Services only for lawful purposes. If at any time you become aware of any violation, by any person or entity, of any part of these Terms, you will immediately notify us at info@zypto.com and provide us with assistance, as requested, to stop or remedy such violation.

We reserve the right to change, modify, or remove the Zypto Products or Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Zypto Products or Services. We also reserve the right to modify or discontinue all or part of Zypto Products or Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of Zypto Products or Services. We cannot guarantee Zypto Products or Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to Websites, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use Websites during any downtime or discontinuance of Zypto Products or Services.

Nothing in these Terms will be construed to obligate us to maintain and support Zypto Products or Services or to supply any corrections, updates, or releases in connection therewith.

Prohibited Activities

You may not access or use Zypto Products or Services for any purpose other than that for which we make Zypto Products or Services available. Zypto Products or Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of Zypto Products or Services, you agree not to:

• Systematically retrieve data or other content from Zypto Products or Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of Zypto Products or Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of Zypto Products or Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or Zypto Products or Services.
• Use any information obtained from Zypto Products or Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use Zypto Products or Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing of or linking to Zypto Products or Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of Zypto Products or Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of Zypto Products or Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Interfere with, disrupt, or create an undue burden on Zypto Products or Services or the networks or services connected to Zypto Products or Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of Zypto Products or Services to you.
• Attempt to bypass any measures of Zypto Products or Services designed to prevent or restrict access to Zypto Products or Services, or any portion of Zypto Products or Services.
• Copy or adapt Zypto Products or Services's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of Zypto Products or Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses Zypto Products or Services, or using or launching any unauthorised script or other software.
• Use a buying agent or purchasing agent to make purchases on Zypto Products or Services.
• Make any unauthorised use of Zypto Products or Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
• Use Zypto Products or Services as part of any effort to compete with us or otherwise use Zypto Products or Services and/or the Content for any revenue-generating endeavour or commercial enterprise.

Contribution Licence

You and Zypto Products or Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding Zypto Products or Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on Zypto Products or Services. You are solely responsible for your Contributions to Zypto Products or Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

Mobile Application Licence

Use Licence

If you access Zypto Products or Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Terms of Use. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an "App Distributor") to access Zypto Products or Services: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is listed on the OFAC sanctions list, or is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Terms against you as a third-party beneficiary thereof.

Open Source

Zypto Products or Services may include open source components, which are licensed for use and distribution by us under applicable open source licenses. Use of these open source components is governed by and subject to the terms and conditions of the applicable open source license.

Third-Party Website and Content

Zypto Products and Services may contain (or you may be sent via Zypto Products or Services) links to other websites, products or services ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through Zypto Products or Services or any Third-Party Content posted on, available through, or installed from Zypto Products or Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave Zypto Products or Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from Zypto Products or Services or relating to any applications you use or install from Zypto Products or Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Governing Law

These Terms shall be governed by and defined following the laws of Poland. Zypto and yourself irrevocably consent that the courts of Poland shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

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. 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. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

Binding Arbitration

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. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

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.

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 in a suit to vacate or enforce an arbitration award or otherwise, 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.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Corrections

There may be information on Zypto Products or Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on Zypto Products or Services at any time, without prior notice.

Privacy

To each of Zypto Products or Services a Privacy statement applies. You acknowledge that you have read the Privacy statement located on the Websites, as it may be updated from time to time. You further acknowledge that, to the extent required under applicable law, by using each such Zypto Products or Services you consent to the collection, use, and disclosure by us of your personal information (whether previously collected or to be collected) for the purposes identified therein.

You agree that we may, without notice or liability, if we choose to do so, disclose to third parties any of your information or your Contributions; monitor use of Zypto Products or Services; and monitor, review, and retain your Contributions if we believe in good faith that such activity is reasonably necessary to provide Zypto Products or Services to customers, monitor adherence to or enforce these Terms, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others.

If you request to have your Account deleted to which your Contributions are connected, you acknowledge and agree that we may retain a copy or copies of same for legal, compliance and regulatory purposes, subject always to your license to us, set out above, and to our Privacy statement.

If we receive a complaint relating to your use of Zypto Products or Services, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate any service involved, and/or remove your Contributions from our servers.

Disclaimer

Zypto Products and Services are provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with Zypto Products and Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the website's content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.

BY MAKING AVAILABLE THE WEBSITES, ZYPTO IS NOT MAKING AN OFFER OF ANY FINANCIAL, ADVISORY, LEGAL OR OTHER PROFESSIONAL SERVICES OR GOODS, AND NONE OF THE INFORMATION PRESENTED ON THE WEBSITES SHOULD BE CONSTRUED AS ANY PROFESSIONAL ADVICE OR SERVICE.

Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these Terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make these Terms consistent with such prohibitions.

Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of Zypto Products and Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

You acknowledge and accept that use of Zypto Products and Services is subject to the risks inherent in any connection and transmission on the internet, in particular in relation to security risks and vulnerabilities, technical performance and risk of interruption.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZYPTO DISCLAIM ALL LIABILITY AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, GOODWILL, WORK STOPPAGE, SECURITY BREACHES, VIRUSES, COMPUTER FAILURE OR MALFUNCTION, USE, DATA OR OTHER INTANGIBLE LOSSES OR COMMERCIAL DAMAGES, EVEN IF ANY OF SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, THE USE OF OR INABILITY TO USE THE SAME, OR ANY OTHER SUBJECT MATTER HEREOF.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZYPTO SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ERRORS OR OMISSIONS IN THE WEBSITES; ANY INFORMATION MADE AVAILABLE THROUGH THEM; ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE WEBSITES OR THE INFORMATION MADE AVAILABLE THROUGH THEM; OR FOR ANY LOSS OR DAMAGES - INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR LOSSES OR DAMAGES - THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITES OR ANY INFORMATION OR MATERIALS OBTAINED BY YOU VIA OR IN CONNECTION WITH THE WEBSITES.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend (at the indemnified party's option), indemnify, and hold Zypto, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, and their insurers harmless from and against any action, proceedings, claims, causes of action, demand, debts, losses, damages, charges, expenses and costs, including reasonable legal costs and/or any amount paid to settle any action or to satisfy a judgement and expenses of any kind and character whatsoever incurred by us relating to or arising from any: (1) use of Zypto Products or Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of Zypto Products or Services with whom you connected via Zypto Products or Services. Your indemnification obligation to Zypto includes but is not limited to any instance where one or more of your Contributions (a) infringes any Third Party Content or other third-party intellectual property rights, or (b) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.

Zypto has the right at any time to forego the indemnification and assume the defence of any claim. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data

We will maintain certain data that you transmit to Zypto Products or Services for the purpose of managing the performance of Zypto Products or Services, as well as data relating to your use of Zypto Products or Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using Zypto Products or Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures

Visiting Zypto Products or Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on Zypto Products or Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous

These Terms operate to the fullest extent permissible by law. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of Zypto Products or Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

English Language. The parties have requested and agree that these Terms and all documents relating thereto be drawn up in English.

Severability. If a particular term is found to be unenforceable, this will not affect any other terms.

Applicable Law. These Terms and any disputes or claims (including non-contractual disputes or claims) arising out of or relating to them shall be governed by Polish law.

Enforceability. Your use of Zypto Products or Services, and the content and features accessed through them, constitutes your agreement to these Terms; such agreement will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement.

No Implied Waiver. If you do not comply with these Terms, and we do not take action immediately, this does not mean we are giving up any rights that we may have (such as taking action in the future).

Assignment. We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.

Affiliates

Being an affiliate of Zypto does not imply any working relationship between Zypto and the affiliate. Being an affiliate does not give any right to any severance pay or employment benefits. Affiliates are operating under their own responsibility.

Unclaimed commissions: Commissions not claimed for a 1 year period will be forfeited and the affiliate's account may be terminated for inactivity.

Prepaid Payment Products Conditions

A "prepaid payment product" refers to a payment solution that requires pre-funding by the user. This may include virtual or physical prepaid Visa or Mastercard cards, gift cards, bill payments, mobile top-ups and so on. No credit is given and the fiat value is fixed, established and agreed upon at the moment of acquisition or refill.

Please refer to the product descriptions for information about the terms and conditions, rates and fees of each product.

Zypto provides a payment gateway in order for users to acquire prepaid payment products using digital assets. By accepting our terms of service, you confirm that you have read and understood the relevant product description and you understand that we cannot provide refunds for prepaid gift cards and that these products are provided by third parties.

While we are happy to help with issues pertaining to the payment/acquisition process, our ability to provide support is limited once the prepaid product or service redeem details have been sent to the customer, or once the process has passed on to the supplier's systems.

Notices

Any notice, consent, waiver, approval, authorisation or other communication to be delivered in connection with these Terms:

• by us to you will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars then listed in your Account; and
• by you to us will be deemed to have been effectively and validly given only if in writing and delivered or submitted by email to info@zypto.com.

Contact Us

In order to resolve a complaint regarding Zypto Products or Services or to receive further information regarding use of Zypto Products or Services, please contact us at: info@zypto.com