TERMS & CONDITIONS
PLEASE READ THESE TERMS TOGETHER WITH THE POLICIES (EACH AS DEFINED BELOW)CAREFULLY BEFORE USING OUR SERVICES, SUCH AS THE IN1 ACCOUNT, WALLET, APIsAND/OR ANY OTHER PART OF THE IN1 SERVICES (HEREINAFTER “SERVICES”). THESE TERMSGOVERN YOUR APPLICATION FOR, HOLDING OF OR USE OF IN1 ACCOUNT AND SERVICES.
BY YOUR REGISTRATION FOR THE IN1 ACCOUNT, CONTINUED HOLDING OR USE OF ANACCOUNT OR USE OF OTHER SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE FULLYUNDERSTOOD THESE TERMS IN THEIR ENTIRETY, AND YOU AGREE WITH AND ACCEPT THESETERMS IN THEIR ENTIRETY AS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND IN1 (ASDEFINED BELOW). IF YOU DO NOT ACCEPT ANY PROVISION OF THESE TERMS (OR ANY PARTTHEREOF), PLEASE DO NOT REGISTER FOR THE ACCOUNT, THE WALLET OR ANY OTHERPART OF IN1 SERVICES.
IF YOU ARE UNDER 18 YEARS OF AGE, YOU ARE NOT ELIGIBLE TO REGISTER FOR IN1ACCOUNT OR ANY OTHER PART OF THE SERVICES.
These Terms are an agreement between you and IN1POLAND SPÓŁKA Z OGRANICZONĄODPOWIEDZIALNOŚCIĄ (hereinafter “IN1”) as defined below.
Your funds stored with IN1 are not protected by deposit protection scheme, however, they will always beplaced on a dedicated segregation account, as required by law, and would not be impacted in case of IN1insolvency.
These Terms incorporate, and you hereby accept and agree with, the Privacy Policy, ImportantInformation on Key Risks, Fees Schedules, other applicable policies, other terms and conditions as maybe prescribed by IN1, notices, procedures, specifications, FAQs, guides and guidelines that are providedor made available to you, appear on the www.in1.io website or are referred to in these Terms and whichIN1 may modify from time to time (collectively, the “Policies”).
IMPORTANT INFORMATION ON KEY RISKS
This section of the Terms highlights some of the risks associated with transactions in connection withdigital accounts, virtual currencies, cryptographic tokens and/or other digital assets such as the AcceptedAssets, digital payments services and other risks which IN1 would like you to consider before acceptingthese Terms and using any part of the IN1 Services. You are solely responsible for understanding andcomplying with any and all applicable laws, rules and regulations in connection with your acceptance ofthese Terms and your use of any part of the IN1 Services, including those related to taxes or foreigncurrency transactions as well as reporting and disclosure obligations. To the best of the knowledge andbelief of IN1, all risk factors which are material to you in making an informed judgment to accept theseTerms and use any part of the IN1 Services have been set out below. However, the list of risk factors setout below is only a non-exhaustive list for your consideration, and other risks, arising either now or in thefuture, could additionally be relevant and applicable to you in making an informed judgment to accept, orcontinue to accept, these Terms and/or use, or continue to use, the IN1 Services.
Risk of Funds Not Being Immediately Available
IN1 may close, suspend, or limit your access to any part of the IN1 Services (as defined below), and/orrestrict your access to the Available Balance (as defined below) of your IN1 Account (as defined below)for so long as reasonably required to protect against the risk of liability if you violate, breach or fail tocomply with any part of these Terms, and the Policies (as defined below). For the avoidance of doubt, IN1may also permanently close, suspend, or limit your access to the IN1 Services if you violate, breach or failto comply with any part of these Terms, and the Policies.
Fiat Balance Disclaimer
Any fiat balance denominated in euros (EUR) reflected in your IN1 Account is represented and recordedin Euro Coin (EURC). For the avoidance of doubt, IN1 does not hold fiat funds on your behalf. IN1’sobligations to you in respect of such balance are denominated exclusively in EURC and shall be satisfiedsolely by crediting, transferring, or otherwise settling the corresponding amount of EURC in accordance
with these Terms. No claim for settlement in fiat currency shall arise against IN1 unless expressly agreedotherwise in writing.
Price Change Risk Associated with Using Virtual Currencies
Prices of virtual currencies and/or other digital assets such as the Accepted Assets (as defined below)fluctuate day by day or even hour by hour. The value of your Available Balance could surge or dropsuddenly. Please note that there is a possibility that the price of virtual currencies and/or other digitalassets such as the Accepted Assets could drop to zero. Prices of virtual currencies are prone tosignificant fluctuations, for example, due to announced proposed legislative acts, governmentalrestrictions, news related to cyber-crimes or other factors causing potentially excessive marketenthusiasm or disproportionate loss in confidence. Prices of virtual currencies, cryptographic tokensand/or other digital assets such as the Accepted Assets can also be manipulated.
Liquidity Risk and the Nature of Virtual Currencies
Your IN1 Account and the Available Balance of your IN1 Account are not protected by the relevantdeposit guarantee or investment indemnity schemes, either in Poland, UAE or in any other country.
Virtual currencies, cryptographic tokens and/or other digital assets such as the Accepted Assets are notlegal tender in Poland, or the UAE, and are not backed by any government. Unlike fiat currencies, whichare regulated and backed by local governments and central banks, virtual currencies, cryptographictokens and/or other digital assets such as the Accepted Assets are often based only on technology anduser consensus. In cases of massive manipulations or market panic, central governments will not takeany corrective actions or measures to achieve stability, maintain liquidity or protect the value of virtualcurrencies and/or other digital assets such as the Accepted Assets.
There is a possibility that executed orders with respect to certain transactions with virtual currenciesand/or other digital assets such as the Accepted Assets cannot be settled or may be difficult to settle, orcan be completed only at significantly adverse prices depending on the market situation and/or marketvolume for certain virtual currencies and/or other digital assets.
There is also no assurance that IN1 will continue to accept the Accepted Assets for purposes of use ofthe Available Balance to execute your transactions, or that our financial partners will continue to permit oraccept payments with certain cryptocurrencies in the future.
Blockchain Network Risk
Completion of certain transactions in connection with virtual currencies and/or other digital assets such asthe Accepted Assets on blockchains can be deferred for a certain period of time until an adequatenumber of confirmations has been received. Transactions with Accepted Assets will not be reflected inyour account until the adequate number of confirmations has been received and confirmed by IN1. Thereis a possibility that your Transactions may be declined or remain unconfirmed for a period of time.Transactions in connection with virtual currencies, cryptographic tokens and/or other digital assets suchas the Accepted Assets may be irreversible, and, accordingly, potential losses due to fraudulent oraccidental transactions may not be recoverable. Some transactions in connection with virtual currencies,cryptographic tokens and/or other digital assets such as the Accepted Assets will be deemed to be madewhen recorded on a public ledger, which is not necessarily the date or time when you or another partyinitiated the transaction.
Risk of Using External Wallet Services and Exchange Services
In the case where you use an external cryptocurrency wallet or a cryptocurrency wallet which isestablished or maintained with an exchange, custodian or another service provider where you do nothave secure possession of your private keys or credentials to access such cryptocurrency wallet, youmay not be able to access your virtual currencies, and/or other digital assets including the AcceptedAssets. IN1 is under no obligation, and may not be able, to assist you in such a case.
Risk of Using IN1 Account
While IN1 is committed to high standards for maintaining the security of all private keys to thecryptocurrency wallets associated with IN1 Accounts, IN1 is not responsible and is not liable for any lossof virtual currencies, cryptographic tokens and/or other digital assets including the Accepted Assetsresulting from any loss, theft, or inappropriate or unauthorized disclosure of and/or use of the private keys
to the cryptocurrency wallet associated with your IN1 Account where such loss, theft, or inappropriate orunauthorized disclosure of and/or use is not within the control of IN1. IN1 is also under no obligation totake any corrective action or measure in the event of any such loss, theft, or inappropriate orunauthorized disclosure of and/or use.
Force Majeure
There is a risk that your cryptocurrency transactions may be affected by system failures resulting fromadverse events, natural disasters and other emergencies, as well as unforeseen significant changes inthe external environment. With regards to opportunity loss (e.g. loss of opportunity to place a paymentinstruction, resulting in loss of profits which could have been obtained) due to occurrences such asemergency situations and Force Majeure events, IN1 is under no obligation to take any corrective actionor measure.
Regulatory Uncertainty
The regulatory frameworks applicable to transactions in connection with virtual currencies and otherdigital assets are still developing and evolving. It is possible that your transactions are, or may be in thefuture, subject to various reporting, tax or other liabilities and obligations. Legislative and regulatorychanges or actions at the country, regional (for example, in the EU or UAE) or international level maymaterially and adversely affect the use, transfer, exchange, and value of virtual currencies, cryptographictokens and/or other digital assets such as the Accepted Assets.
YOU AND IN1 HEREBY AGREE AS FOLLOWS:
1. DEFINITIONS AND INTERPRETATION
1.1. In these Terms, the following words and expressions have the following meanings:
“AML” means anti-money laundering.
“Accepted Assets” means such virtual currencies, cryptographic tokens and/or other digital assets as maybe compatible with and supported by the IN1 Wallet and the IN1 Account, with the list of such virtualcurrencies, cryptographic tokens and/or other digital assets being as set out on IN1 Website and subjectto change from time to time by IN1 at its sole and absolute discretion.
“API” means Application Programming Interface.
“Applicable Exchange Rate” means such exchange rate representing the value (in the relevantcryptocurrency units) of each unit of an Accepted Asset as may be determined by IN1 to be applicable forpurposes of calculating the amount of the Available Balance of a IN1 Account, displaying for you theprices of the Accepted Assets, applicable fees or charges. The exchange rates are displayed for you andaccessible through the IN1 Account or IN1 checkout experience at the time when you initiate or considerto initiate a transaction. The account balances and transaction history will be displayed in the currencyspecified by the Client. All conversions from the account's base currency to the chosen currency will becalculated based on the exchange rate at the time of viewing the balances, transactions, or whengenerating transaction history documents or statements. The Applicable Exchange Rate will bedetermined using rates obtained from reputable financial sources. The entity responsible for managingthe account does not guarantee the accuracy of these rates and is not liable for any discrepancies thatmay arise from currency conversion.
“Available Balance” means the value (displayed as units of the respective Accepted Assets and (whereapplicable) with a reference to the price of such asset in the respective cryptocurrency) of the AcceptedAssets held by you through your IN1 Account based on the Applicable Exchange Rate.
“IN1” means, collectively:
(a) IN1POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, is a legal entity incorporated inPoland, KRS: 0001069747, REGON: 526968250, NIP: 5214045155, providing technical account servicesto its users.
(b) Other companies within the IN1 group that may be indirectly providing services or support to thecustomers of IN1.
“IN1 Services” means, collectively, all products, services, content, features, technologies or functionsoffered by IN1 to its users.
“IN1 Account” means such account registered and maintained by you with IN1, which may be used, interalia, as follows:
(a) effect, obtain and have access to IN1 Services in accordance with these Terms;
(b) initiate, send, receive and withdraw payments in digital assets for the purpose of using IN1 servicesand IN1 Account, digitally store and manage your cryptocurrency and/or digital assets balances, pay orreceive payments using a number of payment methods and options, supported by IN1 and madeavailable to you.
(c) initiate transactions, make transfers, store and manage your balances with blockchain-basedAccepted Assets in accordance with these Terms; and
(d) receive other related services from IN1, such as view your account history, find applicable exchangerates or other information about IN1 services, make changes to your account profile, and similar services.
“IN1 Website” means the Internet website of IN1 as accessible at www. in1.io or such other URL as maybe designated by IN1.
“Changes” has the meaning given to it in clause 26.
“Credentials” means your log-in username, password, and any other access keys for accessing your IN1Account or the cryptocurrency wallet associated there with
“Customer Information” means all information which you provide to IN1 in connection with these Terms,including information which relates to a your IN1 Transactions, information which identifies or whichrelates to you, and information collected, used and/or disclosed in accordance with these Terms, and thePolicies.
“Eligible Countries” means a country in which IN1 and/or our banking and processing partners canprovide or are permitted to provide services to you.
“Exchange” means an online platform (such as Bittrex, Binance, Huobi, Kraken, ByBit or others), whichprovides services to allow users of such platform to convert and/or trade certain virtual currencies,cryptographic tokens and/or other digital assets into other forms virtual currencies, cryptographic tokensand/or other digital assets at such exchange rates as may be determined by such platform, but does notgrant any rights to users to export the private key(s) of the cryptocurrency wallet(s) associated with suchplatform.
“External Wallet” means an external cryptocurrency wallet or a custodian service of any form, being anycryptocurrency wallet, the services and functionalities of which are not offered through IN1, which:
(a) enables and supports blockchain-based transactions; and
(b) enables its user to receive and hold, at the address of such wallet, any Accepted Assets transferredfrom any other address to such address.
“Force Majeure Event” means any event or circumstance the occurrence and the effect of which IN1 isunable to prevent and avoid notwithstanding the exercise of reasonable foresight, diligence and care onthe part of IN1.
“Indemnified Parties” means IN1 group entities and each of their respective directors, officers, employees,suppliers, vendors, licensors, agents and representatives.
“Privacy Policy” means the current version of the personal data protection and privacy policy of IN1published and made available by IN1 to the public on the IN1 Website, which you must consent toseparately from accepting these Terms in order to use IN1 Services.
“Restricted Locations” means Restricted location as defined on the Website, including but not limited to:Afghanistan, temporary occupied territories of Donetsk, Luhansk, Zaporizhzhia, Kherson regions and Crimea region of Ukraine, the UK, Belarus, Cuba, Eritrea, Iran, Iraq, Lebanon, Libya, Myanmar, NorthKorea, Syria, Palestinian Territories, Russia, Somalia, South Sudan, Sudan, Venezuela, and Yemen.
Please note that certain crypto assets services may be limited or not available for the users from specificcountries, for example, if you are based in the UAE or China, some of our crypto assets service may notbe available or may be restricted, as required by the local regulations. IN1 reserves the right update thelist of Restricted Locations from time to time on IN1 Website.
2. FEEDBACK AND DETERMINATIONS
2.1.
To contact IN1 in connection with IN1 Services, or to submit questions, comments, suggestions, ideas, original or creative materials or other information (collectively, the “Feedback”), you may write to IN1 in English in accordance with these Terms.
2.2.
Subject to the applicable laws, regulations, rules, directions, orders and requirements:
(a) any determination, decision or opinion that IN1 may make (whether in response to any Feedback or otherwise) under or as envisaged in any provision in these Terms may be made or held in the sole and absolute discretion of IN1;
(b) IN1 will not be required to provide any reason or explanation for any of its determinations, decisions and opinions (whether in response to any Feedback or otherwise); and
(c) if IN1 provides any reason or explanation for any of its determinations, decisions or opinions (whether in response to any Feedback or otherwise), such reason or explanation will not be binding on IN1, and such reason or explanation does not constitute any representation, warranty or undertaking by IN1 (as to any future action or otherwise).
3. APPLICATION FOR IN1 SERVICES, REGISTRATION FOR IN1 ACCOUNT AND ELIGIBILITY
3.1.
In order to be eligible to apply for and use our Services, you must be a resident (or your entity must be established) in an Eligible Country.
To be eligible to use our services, you must be at least eighteen (18) years of age, and have full power and capacity to accept these Terms.
3.2.
You further represent and warrant to us in opening an account with us that you are not acting on behalf of or for the benefit of anyone else, unless you are opening the account for and under the direction of the company that employs you or has duly authorized you as their legal representative to open an account with us in their name and on their behalf.
You must not be a resident in any of the following Restricted Locations.
3.3.
You represent and warrant that you are located in the territory or country which you asserted at the time of account registration and that you are not located in a Restricted Location.
We may also restrict or prohibit use of all or a portion of our services from certain other countries, territories, or jurisdictions, as may be required by law or our contractual obligations.
3.4.
You represent and warrant that:
• you are not identified on any sanctions list maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control, Council of Europe and/or other sanctions lists;
• you have all licenses, franchises, permits and other governmental authorizations that are legally required, if any, to enable it to conduct its business as presently conducted in all material respects.
3.5.
You must provide all such Customer Information as may be requested by IN1 and deemed by IN1 to be necessary for purposes of determining whether to approve your account registration and determine the scope of the services you are eligible to receive from us.
In particular, IN1 reserves the right to require you to provide such additional Customer Information as may be deemed necessary for purposes of:
(a) verifying your identity and other Customer Information provided by you to IN1;
(b) verifying the justifications for the sources of funds or sources of wealth as a condition of providing the IN1 Services or before allowing continued use of services;
(c) determining risk-related reserve requirements and applicable transactional limits;
(d) fulfilling legal or contractual obligations and enforcing these Terms.
3.6.
IN1 may make, directly or indirectly, any inquiries necessary to validate Customer Information provided by you, including:
• checking commercial databases;
• population registers;
• credit reports;
• other publicly available sources.
3.7.
While IN1 will take steps to verify the identity of users, IN1 does not guarantee user identity.
If you interact or transact with other users, you are solely responsible for verifying their identity.
3.8.
You hereby agree to:
(a) provide accurate, current and complete Customer Information;
(b) keep all Customer Information updated;
(c) immediately notify IN1 of changes to residency or other Customer Information;
(d) not reuse passwords from other services for your IN1 Account;
(e) protect and maintain security of your account and Credentials;
(f) immediately notify IN1 of any suspected unauthorized access or disclosure.
3.9.
If you register a second IN1 Account using different email but the same personal information:
• IN1 may refuse approval;
• you may be required to use only your original account.
If your previous account was rejected or closed, you may not be able to register again.
3.10. Business account holders
If you are not a consumer, you are considered a “Business Customer” or “Business Account”.
• Certain EU consumer protections may not apply;
• Applies if you are in the EU or using EU-based financial partner products.
3.11.
You may review and update your Customer Information at any time via your IN1 Account profile.
3.12.
Unless access is restricted, you may:
• view account history;
• access Customer Information;
• check Available Balance.
Additional details:
• transaction summaries may be sent via email;
• digital reports (including fees) are available;
• IN1 may charge fees for additional/custom reports;
• information can be stored and reproduced (e.g., printed);
• transaction data is available for at least 13 months.
3.13. User Content
IN1 Services may allow you to create, post, upload, share or store content (“User Content”).
You are solely responsible for your User Content.
You must not post content that:
(a) is unlawful, defamatory, obscene, pornographic, abusive or otherwise objectionable;
(b) promotes illegal activity or violates rights of others;
(c) contains misleading claims;
(d) includes personal data without consent;
(e) impersonates others or misrepresents affiliation;
(f) references IN1 without disclosing material connection;
(g) contains unsolicited promotions or advertising;
(h) includes viruses or harmful content;
(i) restricts others’ use of services or may cause harm.
3.14.
IN1:
• does not endorse User Content;
• is not responsible for it;
• may remove or edit content at its discretion.
You are responsible for:
• backing up your User Content;
• restoring it at your own expense.
4. RIGHTS TO FEEDBACK AND USER CONTENT
4.1. To the maximum extent permitted by the applicable laws, regulations, rules, directions, orders andrequirements, IN1 is entitled to retrieve and collect, and you hereby affirmatively agree, consent to andauthorize the collection, use and disclosure by and on behalf of IN1, any feedback provided by you to IN1or User Content created, posted, uploaded, shared or stored by you in connection with any part of the IN1Services. IN1 is entitled to collect, use or disclose any Feedback provided by you to IN1 and any UserContent created, posted, uploaded, shared or stored by you in connection with any part of the IN1Services for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
4.2. You agree that, to the maximum extent permitted by the applicable laws, regulations, rules,directions, orders and requirements, IN1 is entitled to retain all feedback and User Content it receives forany purpose which it deems fit.
4.3. You agree to grant IN1 a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferableand fully sub-licensable right to use, reproduce, create derivative works of, distribute, publicly perform andpublicly display all Feedback and User Content for any purpose which IN1 deems fit (including thecopying, transaction, distribution and publication thereof). You represent and warrant that you own allintellectual property rights (or have obtained all necessary rights) to provide your Feedback or create,post, upload, share or store User Content in connection with any part of the IN1 Services and to grant IN1the foregoing license(s).
5. YOUR ACCOUNT SECURITY AND RESPONSIBILITY FOR UNAUTHORIZED TRANSACTIONS
5.1.
IN1 is committed to handling all Customer Information provided by you to IN1 with high standards of information security.
5.2.
Your email address, your Credentials, other Customer Information which you provide to IN1 and certain additional authentication methods will be used:
• to access the IN1 Services (including your IN1 Account);
• to initiate communications with IN1.
You may also be prompted to answer several security questions.
5.3.
You have the sole responsibility to maintain the secrecy and secure possession of all of your Credentials.
• You should not disclose your Credentials to any person other than representatives of IN1;
• IN1 representatives may request identity verification information, but will never request your password or access keys.
Any communication requesting your password or access keys should be treated as:
• unauthorized;
• suspicious;
and must be reported to IN1.
5.4.
If you share your Credentials with a third party:
• that party will have access to your IN1 Account and Customer Information;
• you may be responsible for their actions.
Granting such access does not relieve you of your responsibilities, obligations, or liabilities under these Terms.
5.5.
Any claim regarding:
• lost or compromised credentials;
• unauthorized or defective transactions;
• non-executed transactions;
must be submitted:
• immediately via the Support section at www.in1.io or in the IN1 app;
• and in any case within thirty (30) days of the incident.
This ensures IN1 can:
• take appropriate action;
• reset credentials;
• protect your account and services.
5.6. No Returns or Refunds for Blockchain-based transactions
All blockchain-based transactions are:
• final;
• non-reversible.
IN1 does not provide:
• returns;
• refunds.
While a transaction is pending confirmation:
• the digital asset involved will be unavailable for other transactions.
5.7.
If you use your IN1 Account primarily for business purposes:
• you may be considered a “Business Customer” or “Business Account”;
• this applies if you are not a consumer or use services for professional/business activities.
5.8. Business Accounts
If your account is a Business Account, you agree that:
(a) additional fees may apply, including for information and corrective/preventive measures;
(b) in case of unauthorized transactions:
• protections under Article 74 of the EU Payment Services Directive do not apply;
• you bear losses before notification;
• you may bear losses after notification if negligent or fraudulent;
(c) you are not entitled to refunds under Articles 76 and 77 of the EU Payment Services Directive for certain transactions;
(d) Article 72 protections do not apply, and you must provide докази regarding disputes;
(e) IN1 is not obliged to comply with Title III information requirements of the EU Payment Services Directive;
(f) IN1 liability for losses due to compromised credentials or unauthorized transactions is limited to the maximum extent permitted by law.
5.9.
As required by applicable regulations, IN1 will notify you of:
• suspected fraud;
• actual fraud;
• security threats;
via:
• registered email;
• phone number;
• mobile app notifications.
6. MONEY OR FUNDS PAID INTO YOUR ACCOUNT BY ACCIDENT
6.1. Subject to the applicable laws, regulations, rules, directions, orders and requirements and thePolicies (including the Privacy Policy), IN1 may choose to return money paid to your account by mistake.
6.2. However, if you don't think a payment made to you from a payment service provider or a digital walletwas a mistake, IN1 may also be allowed to share your personal information with the sending serviceprovider so that you can be contacted directly. This is because IN1 is required to cooperate with otherpayment service providers and with regulated VASPs and share all relevant information in order to assistwith tracing money which is sent to the wrong person.ce providers and with regulated VASPs and share all relevant information in order to assist with tracing money which is sent to the wrong person.
7. ACCOUNT IRREGULARITIES
7.1. If you give IN1 the wrong details for a payment or you tell IN1 about an incorrect payment more thanthirteen (13) months after it was made, IN1 won't give you a refund but will try and trace it for you. IN1may charge you a reasonable fee to cover for the costs of doing so.
7.2. It shall be your sole responsibility to keep track of and monitor your activity for In1 account. Inparticular, it shall be your sole responsibility to ensure that your Available Balance is sufficient to coverthe full amount required for a proposed transaction and all fees associated therewith which shall bepayable by and charged to you upon initiation of a transaction.
8. LATE EXECUTION OF PAYMENT TRANSACTIONS
8.1. If you are able to make payments directly from your account to another person and if a payment youasked IN1 to make within the EEA arrives later than it should have, you can ask IN1 to contact thereceiving bank and ask them to treat it as if it was made on time.
9. THIRD-PARTY PROVIDERS
9.1. You can choose to allow a Third-Party Provider (“TPP”) to access information on your account, tocombine and display information about your account with information from accounts you have with otherpayment service providers, and, if applicable to your payment instrument, to make payments for you fromyour account, provided the TPP is authorized by the relevant European regulator, and you have givenyour explicit consent.
9.2. If you do, you must keep us informed of any incorrect or unauthorized transactions that happen soIN1 can take steps to stop further misuse of your payment instrument and arrange any refund you'vebeen entitled to.
9.3. If you are thinking of using a TPP, it is important you check with the regulator whether it is dulyauthorized before you use it.
9.4. IN1 can refuse or stop access to a TPP if IN1 is concerned it isn’t authorized or if IN1 believes it'sfraudulent or acting fraudulently. If that happens, IN1 will contact you to explain why unless IN1 believesthat would compromise our security or it would be unlawful.9.5. This provision will not affect any customers who do not use TPPs.
10. USE BY IN1 OF CUSTOMER INFORMATION
10.1. Subject to the applicable laws, regulations, rules, directions, orders and requirements and thePolicies (including the Privacy Policy), IN1 is entitled to request, retrieve and collect, and you herebyaffirmatively agree, consent to and authorize the collection, retrieval, use and disclosure by and on behalfof IN1 of any and all Customer Information, in the manner and for the purposes set out in the Policies andthe following purposes:
(a) carrying out identification checks, due diligence and other checks, screenings and verifications(including for purposes of completing any anti-fraud, know-your-client, CFT and AML proceduresimplemented by IN1);
(b) dealing in any matters relating to your IN1 Account (including the mailing of correspondence,statements, invoices, reports or notices to you, which could involve disclosure of your CustomerInformation to the extent necessary to bring about delivery of the same as well as on the external cover ofenvelopes/mail packages);
(c) investigating fraud, misconduct, any unlawful action or omission, whether relating to your claims or anyother matter relating to your IN1 Account and/or your relationship with IN1, and whether or not there isany suspicious of the aforementioned;(d) for meeting legal, regulatory and other compliance requirements (including disclosure to allgovernment agencies and authorities, regulators, exchanges, clearing houses, markets or depositories);and
(e) providing you with information about your transactions, updating you about our services, for example,scheduled maintenance times or security alerts, maintaining safety and security of our services, and otherpurposes as set out in these Terms and our Policies.
11. USE OF IN1 SERVICES AND TRANSACTION EXECUTION
11.1. When you instruct IN1 to process and complete a transaction, you agree and accept that youauthorize IN1 to execute such transaction immediately (unless otherwise stated) in accordance with yourinstructions and charge you any applicable fees associated therewith. You represent and warrant that anyCustomer Information you provide to IN1 in connection with each transaction, is accurate and complete.
11.2. You further agree and accept that any duly authorized instruction by you to IN1 to process andcomplete a transaction cannot be reversed, changed, withdrawn or canceled, unless such reversal,change, withdrawal or cancellation is practicable and specifically permitted by the applicable laws,regulations, rules, directions, orders and requirements.
11.3. If the strong authentication confirmation has been successfully completed, the burden of proof thatan executed transaction has not been authorized by you or that a transaction has not been correctlyexecuted normally lies with you.
11.4. If we do not detect a fraudulent use or misuse of your Credentials and execute a paymenttransaction initiated through such Credentials, including successful application of the strongauthentication requirements, as the case may be, we will, except in the case of gross negligence or willfulmisconduct, be deemed to have validly executed the payment transaction, as if the payment transactionhad been initiated by you. We will thus be released from our obligation to refund you the funds on the IN1Account which have been used in order to execute such payment instruction.
11.5. We may, at any time, reject a payment instruction submitted to us via the Services, or impose anyother conditions or restrictions upon your use of the Services. The reasons for the refusal and theprocedure for correcting any factual mistakes that led to the refusal will be notified to you at the latest bythe end of the Business Day following the refusal. IN1 will be deemed to have satisfied this obligation if ithas sent the notification of refusal within the period of execution time regardless of the date of actualreceipt by you of such notification. Any notification by IN1 of a justified refusal of a payment instructionmay result in you being charged a fee.
11.6. IN1 may, without being obliged to do so, refuse to execute a payment instruction in any of theaccepted assets or currencies:
(a) if the payment instruction contains any factual error, in particular, incomplete or imprecisetransactional details;
(b) if you have breached any of your obligations towards IN1 under these Terms or any other agreemententered into between you and IN1;
(c) if the payment instruction does not meet the agreed form as set out in these Terms;
(d) if your Available Balance is insufficient to execute a payment instruction in full;
(e) if the spending limits as may have been agreed upon between you and IN1 have been reached;
(f) if the payment instruction cannot be executed in full;(g) if the payment instruction has been made by a person who has no power to operate the Account;
(h) if IN1 is legally or contractually obliged to freeze your Account or block transactions;
(i) if IN1 suspects that the security of Service is compromised, e.g. because of a problem or technicalfailure or because of hacking attacks;
(j) if IN1 suspects fraud (for example where it has identified suspicious transaction(s)) or has received anotification that an incident has occurred);(k) if IN1 believes that the execution of the payment transaction would be contrary to any national orforeign laws, regulations or decisions of authorities or would expose IN1 to liability risks.
11.7. Should you elect to proceed with a subsequent execution of a payment instruction notwithstandingrefusal thereof by IN1, you will provide IN1 with a new payment instruction containing all the requiredelements. It will not be possible to correct the initial payment instruction.
11.8. If a payment instruction is beyond your Account’s permissible use or applicable limits, IN1 mayrequest additional identifying information from you and must receive such information before processingthe payment instruction. If you fail to provide this additional required information or documentation, theattempted transaction may be refused or suspended by IN1, without being obliged to do so.
11.9. IN1 may, at any time and to the maximum permitted by the applicable laws, regulations, rules,directions, orders and requirements, pause, refuse to process or complete any IN1 transaction initiated byyou, impose limits on the value or type of such transaction or impose any other conditions or restrictionson your access to and use of the IN1 Services.
11.10. It is your sole responsibility to keep track of and monitor your activity for IN1 transactions. Inparticular, it is your sole responsibility to ensure that your Available Balance is sufficient to cover the fullamount required for a proposed transaction and all fees associated therewith which will be payable byand charged to you upon initiation of a transaction.
11.11. If you attempt to initiate, or if IN1 is instructed by you to process or complete, a transaction at atime when your Available Balance is insufficient to cover the full amount required for such transaction andall fees associated therewith which will be payable by you, such transaction in most instances will bedeclined. However, in the event that due to a system malfunction or any other reason, such transaction issuccessful or completed (or partially successful or completed) notwithstanding that your AvailableBalance is insufficient and your Available Balance becomes negative as a result of such successful orcomplete transaction, you agree to reimburse IN1, upon request, for the amount of the transaction inexcess of your Available Balance in such Accepted Asset or any other form as may be requested by IN1.
11.12. It is your sole responsibility to confirm the list of virtual currencies, cryptographic tokens and/orother digital assets which are Accepted Assets. Any virtual currencies, cryptographic tokens and/or otherdigital assets other than the Accepted Assets (“Unsupported Assets”) which are sent to an addressassociated with your IN1 Account may be lost, destroyed or not returned to you. This may also includeoccasional distributions of crypto assets known as “airdrops” or “cryptodust”. While you may request forIN1 assistance to retrieve any such Unsupported Assets which are sent to an address associated withyour IN1 Account, IN1 is under no obligation to provide such assistance. Additionally, there may be feespayable by and chargeable to you if IN1 provides any such assistance to retrieve the Unsupported Assetsfor return to you.
11.13. If any airdrop, fork, hack, mining attack (including double-spend attacks, majority mining powerattacks and “selfish-mining” attacks), cyber-attack, distributed denials of service, error, vulnerability,defect, flaw in programming or source code or any other occurrence resulting in a change in the structureor source code of any blockchain, any determination of whether or not to take any corrective action ormeasure and the type of corrective action or measure will be made at the sole and absolute discretion ofthe IN1. IN1 does not bear any liability in the event that you or a third party incurs any losses as a resultof any airdrop, fork, hack, mining attack (including double-spend attacks, majority mining power attacksand “selfish-mining” attacks), cyber-attack, distributed denials of service, error, vulnerability, defect, flawin programming or source code or any other occurrence resulting in a change in the structure or sourcecode of any blockchain, or lack of corrective actions or measures taken by IN1 or if IN1 decides to ceaseits support of Accepted Assets with the IN1 Wallet.
11.14. To the maximum extent permitted by all applicable laws, regulations, rules, directions, orders andrequirements, IN1 is entitled, at any time in its sole and absolute discretion, to determine and vary thetypes of transactions that may be carried out with your IN1 Account, the types of services offered to you,or the payment methods supported.
12. STATEMENTS
12.1. Information about your payment instrument and transactional history will be made available to youat all times via your online account without and in some cases also by accompanying email notifications.
13. PROLONGED INACTIVITY
13.1. If there is a prolonged period of inactivity in respect of your IN1 Account and where the AvailableBalance of your IN1 Account is positive, IN1 will attempt to contact you with such contact details based onthe Customer Information provided by you to IN1. However, if IN1 is unable to contact you, the applicablelaws, rules, regulations, directions, orders or requirements may require IN1 to report such AvailableBalance as unclaimed property to the applicable regulatory authority or law enforcement body and deliverthe Accepted Assets comprising such Available Balance to the applicable jurisdiction as unclaimedproperty. To the maximum extent permitted by all applicable laws, regulations, rules, directions, ordersand requirements, IN1 reserves the right to deduct administrative fees from such Available Balance inconnection with such prolonged periods of inactivity, such attempts to contact you and/or such reports.
14. RESPONSIBILITY FOR USE OF EXTERNAL WALLETS AND EXTERNAL ACCOUNTS
14.1. You are solely responsible for your use of any External Wallet or External Account and yourcompliance with any and all terms and conditions which are prescribed by the provider of the services ofsuch External Wallet or Account as being applicable to your use of such services. IN1 is not responsiblefor any access to or use of any External Wallet or Account. You agree and accept that if the security ofyour External Wallet or External Account is compromised in any manner, you will not be entitled toreceive any compensation from IN1, and IN1 will not be obliged to provide, any refunds in respect of anyloss, theft, or inappropriate or unauthorized disclosure of and/or use of such External Wallet or Account ortheir respective credentials.
14.2. The amount of time required to process and complete a transaction involving an address of anExternal Wallet or payments processing times with respect to External Wallets will depend in part upon
the performance of third parties (including the provider of the services of such External Wallet orAccount), and IN1 does not provide any kind of assurance of the amount of time required to process andcomplete such transactions.
14.3. In some cases, the provider of the services of such External Wallet and/or Account may reject yourtransaction for a number of reasons. IN1 is not responsible for such rejections or any losses in connectiontherewith.
15. PROHIBITED USES OF IN1 SERVICES
15.1. You hereby agree that you will not use any part of the IN1 Services to conduct, pay for or facilitateactivities that:
(a) violate any applicable law, regulation, rule, direction, order or requirement;
(b) relate to transactions involving:
(i) narcotics, steroids, certain controlled substances or other products that present a risk to human safety;
(ii) drug paraphernalia;
(iii) items that encourage, promote, facilitate or instruct others to engage in illegal activity;
(iv) stolen or pirated goods including digital and virtual goods or items that infringe or violate anycopyright, trademark, right of publicity or privacy or any other proprietary right under the laws of anyjurisdiction;
(v) the promotion of hate, violence, racial intolerance, or the financial exploitation of a crime;
(vi) items that are considered obscene;
