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, APIs AND/OR ANY OTHER PART OF THE IN1 SERVICES (HEREINAFTER “SERVICES”). THESE TERMS GOVERN YOUR APPLICATION FOR, HOLDING OF OR USE OF IN1 ACCOUNT AND SERVICES.
BY YOUR REGISTRATION FOR THE IN1 ACCOUNT, CONTINUED HOLDING OR USE OF AN ACCOUNT OR USE OF OTHER SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE FULLY UNDERSTOOD THESE TERMS IN THEIR ENTIRETY, AND YOU AGREE WITH AND ACCEPT THESE TERMS IN THEIR ENTIRETY AS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND IN1 (AS DEFINED BELOW). IF YOU DO NOT ACCEPT ANY PROVISION OF THESE TERMS (OR ANY PART THEREOF), PLEASE DO NOT REGISTER FOR THE ACCOUNT, THE WALLET OR ANY OTHER PART OF IN1 SERVICES.
IF YOU ARE UNDER 18 YEARS OF AGE, YOU ARE NOT ELIGIBLE TO REGISTER FOR IN1 ACCOUNT OR ANY OTHER PART OF THE SERVICES.
These Terms are an agreement between you and IN1POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (hereinafter “IN1”) as defined below.
Your funds stored with IN1 are not protected by deposit protection scheme, however, they will always be placed on a dedicated segregation account, as required by law, and would not be impacted in case of IN1 insolvency.
These Terms incorporate, and you hereby accept and agree with, the Privacy Policy, Important Information on Key Risks, Fees Schedules, other applicable policies, other terms and conditions as may be prescribed by IN1, notices, procedures, specifications, FAQs, guides and guidelines that are provided or made available to you, appear on the www.theIN1.com website or are referred to in these Terms and which IN1 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 with digital accounts, virtual currencies, cryptographic tokens and/or other digital assets such as the Accepted Assets, digital payments services and other risks which IN1 would like you to consider before accepting these Terms and using any part of the IN1 Services. You are solely responsible for understanding and complying with any and all applicable laws, rules and regulations in connection with your acceptance of these Terms and your use of any part of the IN1 Services, including to those related to taxes or foreign currency transactions as well as reporting and disclosure obligations. To the best of the knowledge and belief of IN1, all risk factors which are material to you in making an informed judgment to accept these Terms and use any part of the IN1 Services have been set out below. However, the list of risk factors set out below is only a non-exhaustive list for your consideration, and other risks, arising either now or in the future, could additionally be relevant and applicable to you in making an informed judgment to accept, or continue 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/or restrict 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 to comply with any part of these Terms, and the Policies (as defined below). For the avoidance of doubt, IN1 may also permanently close, suspend, or limit your access to the IN1 Services if you violate, breach or fail to comply with any part of these Terms, and the Policies.
Transaction Execution Risks
Please note that following IN1’s receipt of your payment or transaction instruction or instruction to proceed with a transaction in connection with the Accepted Assets, IN1 will process or execute such transaction (and where applicable, also credit the relevant payment service provider or partner account with respect to fiat-denominated instructions) as quickly as the relevant payment schemes and financial networks allow (and such transaction may be completed by the next business day following the date of IN1’s receipt of your payment instruction or instructions, if the transaction is made in EUROs; however, transactions in other currencies or assets may take longer time, depending on the cut-off limitations and execution times of the payments and processing partners involved).
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 drop suddenly. Please note that there is a possibility that the price of virtual currencies and/or other digital assets such as the Accepted Assets could drop to zero. Prices of virtual currencies are prone to significant fluctuations, for example, due to announced proposed legislative acts, governmental restrictions, news related to cyber-crimes or other factors causing potentially excessive market enthusiasm or disproportionate loss in confidence. Prices of virtual currencies, cryptographic tokens and/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 relevant deposit 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 not legal tender in Poland, or the UAE, and are not backed by any government. Unlike fiat currencies, which are regulated and backed by local governments and central banks, virtual currencies, cryptographic tokens and/or other digital assets such as the Accepted Assets are often based only on technology and user consensus. In cases of massive manipulations or market panic, central governments will not take any corrective actions or measures to achieve stability, maintain liquidity or protect the value of virtual currencies and/or other digital assets such as the Accepted Assets.
There is a possibility that executed orders with respect to certain transactions with virtual currencies and/or other digital assets such as the Accepted Assets cannot be settled or may be difficult to settle, or can be completed only at significantly adverse prices depending on the market situation and/or market volume 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 of the Available Balance to execute your transactions, or that our financial partners will continue to permit or accept 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 as the Accepted Assets on blockchains can be deferred for a certain period of time until an adequate number of confirmations has been received. Transactions with Accepted Assets will not be reflected in your account until the adequate number of confirmations has been received and confirmed by IN1. There is 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 such as the Accepted Assets may be irreversible, and, accordingly, potential losses due to fraudulent or accidental 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 made when recorded on a public ledger, which is not necessarily the date or time when you or another party initiated 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 is established or maintained with an exchange, custodian or another service provider where you do not have secure possession of your private keys or credentials to access such cryptocurrency wallet, you may not be able to access your virtual currencies, and/or other digital assets including the Accepted Assets. 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 the cryptocurrency wallets associated with IN1 Accounts, IN1 is not responsible and is not liable for any loss of virtual currencies, cryptographic tokens and/or other digital assets including the Accepted Assets resulting 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 or unauthorized disclosure of and/or use is not within the control of IN1. IN1 is also under no obligation to take any corrective action or measure in the event of any such loss, theft, or inappropriate or unauthorized disclosure of and/or use.
Force Majeure
There is a risk that your fiat or cryptocurrency transactions may be affected by system failures resulting from adverse events, natural disasters and other emergencies, as well as unforeseen significant changes in the external environment. With regards to opportunity loss (e.g. loss of opportunity to place a payment instruction, resulting in loss of profits which could have been obtained) due to occurrences such as emergency situations and Force Majeure events, IN1 is under no obligation to take any corrective action or measure.
Regulatory Uncertainty
The regulatory frameworks applicable to transactions in connection with virtual currencies and other digital assets are still developing and evolving. It is possible that your transactions are, or may be in the future, subject to various reporting, tax or other liabilities and obligations. Legislative and regulatory changes or actions at the country, regional (for example, in the EU or UAE) or international level may materially and adversely affect the use, transfer, exchange, and value of virtual currencies, cryptographic tokens 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 may be compatible with and supported by the IN1 Wallet and the IN1 Account, with the list of such virtual currencies, cryptographic tokens and/or other digital assets being as set out on IN1 Website and subject to 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 relevant fiat currency or in the relevant cryptocurrency units) of each unit of an Accepted Asset as may be determined by IN1 to be applicable for purposes of calculating the amount of the Available Balance of a IN1 Account, displaying for you the prices of the Accepted Assets, applicable fees or charges. The exchange rates are displayed for you and accessible through the IN1 Account or IN1 checkout experience at the time when you initiate or consider to initiate a transaction. The account balances and transaction history will be displayed in the currency specified by the Client. All conversions from the account's base currency to the chosen currency will be calculated based on the exchange rate at the time of viewing the balances, transactions, or when generating transaction history documents or statements. The Applicable Exchange Rate will be determined using rates obtained from reputable financial sources. The entity responsible for managing the account does not guarantee the accuracy of these rates and is not liable for any discrepancies that may arise from currency conversion.
“Available Balance” means the value (displayed as units of the respective Accepted Assets and (where applicable) with a reference to the price of such asset in the respective fiat currency) of the Accepted Assets 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 in Poland, KRS: 0001069747, REGON: 526968250, NIP: 5214045155, providing technical account services to its users.
(b) Other companies within IN1 group, that may be indirectly providing services or support to the customers of IN1.
“IN1 Services” means, collectively, all products, services, content, features, technologies or functions offered by IN1 to its users.
“IN1 Account” means such account registered and maintained by you with IN1, which may be used, inter alia, as follows:
(a) effect, obtain and have access to IN1 Services in accordance with these Terms;
(b) initiate, send, receive and withdraw payments in fiat currencies and digital assets for the purpose of using IN1 services and IN1 Account, digitally store and manage your cryptocurrency and/or digital assets balances, pay or receive payments using a number of payment methods and options, supported by IN1 and made available to you.
(c) initiate transactions, make transfers, store and manage your balances with blockchain-based Accepted Assets in accordance with these Terms; and
(d) receive other related services from IN1, such as view your account history, find applicable exchange rates 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 may be designated by IN1.
“Changes” has the meaning given to it in clause 28.1.
“Credentials” means your log-in username, password, and any other access keys for accessing your IN1 Account or the cryptocurrency wallet associated therewith
“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 which relates to you, and information collected, used and/or disclosed in accordance with these Terms, and the Policies.
“Eligible Countries” means a country in which IN1 and/or our banking and processing partners can provide or are permitted to provide services to you.
“Exchange” means an online platform (such as Bittrex, Binance, Huobi, Kraken, ByBit or others), which provides 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 tokens and/or other digital assets or fiat currencies at such exchange rates as may be determined by such platform, but does not grant any rights to users to export the private key(s) of the cryptocurrency wallet(s) associated with such platform.
“External Wallet” means an external cryptocurrency wallet or a custodian service of any form, being any cryptocurrency 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 transferred from any other address to such address.
“Force Majeure Event” means any event or circumstance the occurrence and the effect of which IN1 is unable to prevent and avoid notwithstanding the exercise of reasonable foresight, diligence and care on the 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 IN1 published and made available by IN1 to the public on the IN1 Website, which you must consent to separately 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, North Korea, Syria, Palestinian Territories, Russia, Somalia, South Sudan, Sudan, Venezuela, and Yemen. IN1 reserves the right update the list of Restricted Locations from time to time on IN1 Website.
Card-related Terms:
“Card” means an In1 - branded Mastercard® card issued by the Card Issuer to you, pursuant to a card scheme and program administered by us and the Card Issuer.
“Card Issuer Terms” means the IN1 Mastercard® Debit Card Agreement, being the agreement between you and the Card Issuer which sets out the further terms and conditions in relation to the Card, which will be issued and accepted by you separately, if you decide to apply for the In1 card.
“Card Payment” means any transaction for payment made or any amount charged for any goods, services and/or other benefits rendered by a Merchant, through or from the use of the Card or the Card number appearing on the Card itself or in any other manner, including but not limited to online, offline or mail, telephone or facsimile orders or reservations (as may be determined and communicated between you and the Merchant).
“Card Limit(s)” means the maximum permissible limit(s) prescribed by IN1 and/or the Card Issuer as being applicable to uses of the Card for Card Transactions, and whether with reference to time periods, total value of Card Transactions, types of Card Transactions, types of accounts or with reference to any other factors that IN1 and/or the Card Issuer may deem fit, or a combination of one or more of the aforesaid factors, with:
(a) such generally applicable limit(s) being as set out either in these Terms and/or in the Card Issuer Terms; and
(b) the actual limit(s) applicable to your use of the Card being such limit(s) as may be determined by IN1 and/or the Card Issuer in its/their sole and absolute discretion based on the relevant Customer Information and any other information possessed by IN1 and/or the Card Issuer (with such actual limit(s) possibly differing from the generally applicable limit(s)).
“Card Transaction” normally means a Card Payment, a Card Withdrawal, any rebates or refunds received by you into the card, or any other card transactions, as may be authorized by you.
“Card Withdrawal” means any transaction for a withdrawal (in the relevant fiat currency) of any amount of the Available Balance from a Relevant ATM using the Card.
1.2. The headings or titles to the clauses in these Terms are to facilitate reference and may not be referred to or relied upon in the construction of any provision of these Terms.
1.3. Where the context so admits, the singular includes the plural and words in the masculine gender include the feminine gender and/or neuter gender and vice-versa.
1.4. Any reference in these Terms to any clause will be construed as a reference to the clauses of these Terms unless otherwise expressly stated.
1.5. The words “include” or “including” in these Terms will be deemed to be followed by “without limitation” or “but not limited to” whether or not they are followed by such phrases or words of like import.
1.6. Any reference in these Terms to any person will be construed as a reference also to such person’s successors and assigns.
1.7. The provisions of these Terms which relate to the Card and the Card Issuer Terms shall be applicable to you in the event that you apply for, receive, possess and/or use the Card. In the case that you do not use In1 Card, the provisions of these Terms which relate to the Card and the Card Issuer Terms shall not be applicable to you.
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. Separate country restrictions may apply when you decide to apply for a product offered jointly with one of our financial partners, for example, the In1 card offered jointly with our BIN sponsoring card issuers.
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; and that 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 by IN1 to be 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 to you or before IN1 permits you to use or continue to use our services;
(c) determining the risk-related reserves requirements, transactional limits that should be applicable to you; and
(d) otherwise fulfilling our legal or contractual obligations as well as enforcing these Terms.
3.6. IN1 may make, directly or indirectly, any inquiries which it considers necessary to validate Customer Information provided by you to IN1, including checking commercial databases, population registers or credit reports, or using other sources and publicly available information.
3.7. While IN1 will take steps to verify the identity of users of the IN1 Services, IN1 cannot and does/do not provide any assurance or guarantee of any user identity. If you interact or transact with other IN1 users, you are solely responsible for taking any and all appropriate steps to verify the identity of other users of the IN1 Services and any other person with whom you transact using any part of the IN1 Services.
3.8. You hereby agree to:
(a) provide accurate, current and complete Customer Information in relation to your identity, location and other matters in connection with your registration for IN1 Services;
(b) keep all Customer Information provided by you to IN1 updated at all times;
(c) immediately notify IN1 if you change your country of residency or domicile or if there are any other changes to any other Customer Information provided by you to IN1;
(d) not use a password for your IN1 Account that you have already used for an account maintained with any other website or any other service provider;
(e) protect and maintain the security of your access to your IN1 Account and/or the Credentials, by undertaking all appropriate measures and performing all of your obligations as set out in these Terms.
(f) immediately notify IN1 if you discover or otherwise suspect any inappropriate or unauthorized disclosure of and/or use of your IN1 Account.
3.9. If you have successfully registered for a IN1 Account and thereafter register for a second IN1 Account using a different email, but with the same personal information as previously provided by you in respect of your registration for your initial IN1 Account, IN1 reserves the right not to approve the registration of such second IN1 Account, and you may be required to access and use only your previously approved IN1 Account. If your previous registration for an IN1 Account was rejected by IN1, or IN1 had previously closed your Account, you may not be able to reapply for a new IN1 Account.
3.10. Business account holders. If you are not a consumer (which means that the account holder of IN1 is not an individual and/or you are opening an account with IN1 for purposes such as professional trading or conducting regular business activity) we consider you to be a “Business Customer” or “Business Account” and certain consumer-specific rights or provisions of the EU Directives or Regulations may be disapplied for your use of the Service, if you are based in the European Union or are using a product offered by our financial partners based in the EU.
3.11. You can review the Customer Information provided by you to IN1 and make any desired changes to certain Customer Information, or to the settings for your IN1 Account, at any time by logging into your IN1 Account, accessing your profile therein and changing your preferences.
3.12. Unless your access to your IN1 Account is restricted (for example, due to any suspicions of inappropriate or unauthorized disclosure of and/or suspicious account behavior, or a very prolonged period of inactivity), you may access details of your account history, your Customer Information and details of your Available Balance by logging into your IN1 Account. Selected information relating to your transactions will also be provided to you via email. You will also be able to access a downloadable report via your IN1 Account, including all fees payable by and charged to you in the relevant period. IN1 reserves the right to charge a fee for providing you with any additional information or for providing the transaction history and other information (other than via downloadable standard reports). The way in which IN1 provides such information will allow you to store and reproduce the information unchanged, for example by printing a copy. IN1 will ensure that the details of each transaction will be made available for you to view online for at least thirteen (13) months from the execution date.
3.13. The IN1 Services may include parts thereof which allow you to create, post, upload, share or store content, including photos, videos, sound, text, graphics, code, items or other information and materials (collectively, your “User Content”). You are solely responsible for any of the User Content created, posted, uploaded, shared or stored by you and for your use of any interactive features of the IN1 Services. You will not create, post, share or store any User Content that:
(a) is unlawful, libelous, defamatory, obscene, pornographic, sexually suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(b) would constitute, encourage or provide instructions for a criminal offence, violate or infringe the rights of any party (including intellectual property rights or rights of publicity or privacy), otherwise create liability or violate any local, state, national or international law;
(c) contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
(d) contains personally identifiable information about any person without that person’s consent;
(e) impersonates, or misrepresents your affiliation with, any person or entity (including IN1);
(f) refers to or depicts IN1 or the IN1 Services but fails to disclose any material connection to IN1 or the IN1 Services which may exist;
(g) contains any unsolicited promotions, political campaigning, advertising or solicitations;
(h) contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
(i) in IN1’s sole judgment, is objectionable or that restricts or inhibits any other person from accessing and using the IN1 Services, or that may expose IN1 or any other person to any harm or liability of any type.
3.14. IN1 does not endorse any User Content that is created, posted, uploaded, shared or stored by you in or through any part of the IN1 Services. IN1 is not responsible or liable for any User Content. Although IN1 is under no obligation to screen, edit or monitor User Content, IN1 reserves the right, and has absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason. You are solely responsible for creating backup copies of and replacing any User Content you create, post, upload, share or store in or through any part of the IN1 Services at your sole cost and expense.
4. RIGHTS TO FEEDBACK AND USER CONTENT
4.1. To the maximum extent permitted by the applicable laws, regulations, rules, directions, orders and requirements, IN1 is entitled to retrieve and collect, and you hereby affirmatively agree, consent to and authorize the collection, use and disclosure by and on behalf of IN1, any feedback provided by you to IN1 or User Content created, posted, uploaded, shared or stored by you in connection with any part of the IN1 Services. IN1 is entitled to collect, use or disclose any Feedback provided by you to IN1 and any User Content created, posted, uploaded, shared or stored by you in connection with any part of the IN1 Services 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 for any purpose which it deems fit.
4.3. You agree to grant IN1 a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sub-licensable right to use, reproduce, create derivative works of, distribute, publicly perform and publicly display all Feedback and User Content for any purpose which IN1 deems fit (including the copying, transaction, distribution and publication thereof). You represent and warrant that you own all intellectual 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 IN1 the 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) and 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. While representatives of IN1 may request for only information or documents for purposes of verifying your identity and address, they will never request for your password and any other access keys for accessing your IN1 Account or the cryptocurrency wallet associated therewith. Accordingly, any email, telephone call or other communication requesting for your password and any other access keys for accessing your IN1 Account or the cryptocurrency wallet associated therewith, should be treated as unauthorized and suspicious, and notified to IN1.
5.4. If you do share your Credentials with a third party for any reason, including for the reason that the third party has promised to provide you with additional services such as account aggregation or information services, such third party will have access to and use your IN1 Account, the Customer Information provided by you to IN1. You may also be responsible for any other actions taken by such third party using your Credentials. Granting permission to any third party in any way does not relieve you of any of your responsibilities, obligations and liabilities under these Terms.
5.5. Any claim with respect to lost or compromised credentials to your IN1 Account, an unauthorized or defective execution of a payments, or e-money, or blockchain transaction included into your transaction history or other reports or the non-execution of a payments or e-money transaction or blockchain transactions must be submitted by you to the IN1 support team immediately via Support section are www. in1.io or within your In1 app to ensure that IN1 is able to take appropriate actions, reset your credentials and protect your account and the integrity of our services, and in any case within thirty (30) days of the incident, unauthorized execution or non-execution of transaction, as the case may be.
5.6. In case a claim is lodged by you within the time specified in clause 6.5, IN1 will conduct an investigation jointly with our financial partners, and if the fact of a fiat transaction not being authorized is confirmed, IN1 or out partners will normally refund you with the amount of the relevant transaction no later than by the end of the following Business Day after noting or being notified of the transaction and, where applicable, restore the debited account to the state in which it would have been, had the unauthorized transaction not occurred. However, this obligation will not apply where IN1 has reasonable grounds for suspecting fraud. Where required, you will promptly take such steps as may be prescribed by IN1 in relation to lost or compromised credentials or unauthorized transactions, including making of a police report accompanied by written confirmation or other actions or submissions that IN1 may require.
5.7. You remain liable for any loss resulting from an unauthorized fiat transaction under the following circumstances and subject to the following conditions:
(a) until notification to IN1 and/or our financial partners pursuant to the rules on notification of an incident, of the loss or theft, or misuse of the Credentials which was made possible because you were unable to preserve the security of your Credentials:
(i) you remain liable up to an amount of EUR 50, unless the loss, theft or misappropriation was not detectable to you prior to a payment, except you have acted fraudulently;
(ii) the loss was caused by acts or lack of action of an employee, agent or branch of IN1 or of an entity to which its activities were outsourced.
(b) You will bear all of the losses relating to any unauthorized transactions if they were incurred by you acting fraudulently or failing to fulfill one or more of the obligations relating to these Terms with intent or gross negligence. In that case, the maximum amount referred to above will not apply.
(c) You will not bear any financial consequences resulting from fraudulent or unauthorized use of the lost, stolen or misappropriated Credentials after you have duly notified IN1, with respect to fiat balances, except where you have acted fraudulently.
(d) In any case, you bear the entirety of the losses resulting from an unauthorized transaction in the event that you have acted fraudulently, irrespective of the notification of an incident sent to us.
5.8. No Returns or Refunds for Blockchain-based transactions. All blockchain-based transactions are final and non-reversible. We do not accept any returns or provide refunds in connection with any such transactions. While a blockchain-based transaction is pending confirmation by the applicable network, the virtual currency or cryptographic token or a digital asset subject to such confirmation, will be unavailable for use in connection with any other transaction you initiate with IN1 Services.
5.9. If you use your IN1 account primarily for business purposes, please refer to the following conditions that apply to you. If you are not a consumer and/or regularly use our services for the purpose of carrying out entrepreneurial or professional activities, business or trade) we will consider you to be a business customer or “Business Account”.
5.10. If your account is a Business Account, you hereby agree as follows:
(a) you may be charged fees in a larger number of situations, including with respect to the provision of information, corrective and preventive measures as further set out in our fees schedule;
(b) in case of unauthorized transactions, you will not benefit from the provisions of Article 74 of the EU Payment Services Directive as reflected in article 5.6 of these Terms, which will be disapplied, meaning inter alia that you will bear all losses incurred before notification of an incident to us and that you will bear all losses even after notification where you have acted negligently or fraudulently;
(c) you are not entitled to the right to a refund from our financial or payments partners for certain payments or e-money transactions initiated by or through a payee as provided for in Article 76 and 77 of the EU Payment Services Directive;
(d) you will not benefit from the rules of the Article 72 of the EU Payment Services Directive, and you will need to provide evidence of any of your allegations to IN1 and our financial partners, including that you have not authorized a transaction or that a transaction was not correctly executed.
(e) you further agree that while we may do so, we are not obliged to comply nor provide you with the information requirements set out in Title III of EU Payment Services Directive.
(f) IN1 liability for the losses or damages you may suffer in cases of compromised or lost credentials or unauthorized transactions will be limited to the widest extent admissible by laws and regulations.
5.11. As required by applicable regulations, IN1 will notify you in the event of suspected or actual fraud or security threats via your registered e-mail, phone number or mobile app notification.
6. MONEY OR FUNDS PAID INTO YOUR ACCOUNT BY ACCIDENT
6.1. Subject to the applicable laws, regulations, rules, directions, orders and requirements and the Policies (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 wallet was a mistake, IN1 may also be allowed to share your personal information with the sending service provider so that you can be contacted directly. This is because IN1 is required to cooperate with other payment service providers and with regulated VASPs and share all relevant information in order to assist with tracing money which is sent to the wrong person.
6A. DISPUTED CARD TRANSACTIONS
Subject to the Card Issuer Terms, in the event that IN1 is notified by you of any Card Transaction which you discover, suspect or have reason to believe to be arising from or in connection with any loss, theft, or inappropriate or unauthorized disclosure of and/or use of your Card and/or your Credentials in relation to your Card, or any manifest or obvious technical error at any stage of a Card Transaction:
a) IN1 shall provide to the Card Issuer all relevant information in relation to such Card Transaction and other Customer Information provided by you to IN1 for the purposes of allowing the Card Issuer to investigate such Card Transaction;
b) provided that the Card Issuer is satisfied that you have made all reasonable efforts to resolve the dispute in relation to such Card Transaction with the Merchant with which such Card Transaction was made, the Card Issuer shall investigate such Card Transaction and determine, whether or not your refund request is justified;
c) during the period of such investigation, the amount of Accepted Assets of your Available Balance which is the subject of such Card Transaction shall be unavailable for use in connection with any other IN1 Wallet Transaction or Card Transaction; and
d) in case where the Card Issuer determines to provide a refund of the value of such Card Transaction, IN1 shall provide a refund to your IN1 Wallet Account of the deducted amount of Accepted Assets of your Available Balance which is subject to such Card Transaction.
Subject to the Card Issuer Terms, in the case where IN1 and/or the Card Issuer receive(s) additional information in relation to such Card Transaction, after a refund of the deducted amount of the amount of Accepted Assets of your Available Balance has already been provided to you and the Card Issuer determines, based on such additional information, that you shall not be entitled to receive such refund, the refunded amount of Accepted Assets of your Available Balance shall be re-deducted from your Available Balance. In the event that your Available Balance is insufficient for such re-deduction, you agree to reimburse IN1, upon request, for the value of the Card Transaction in excess of your Available Balance in such fiat currency, Accepted Asset or any other form as may be requested by IN1.
7. ACCOUNT IRREGULARITIES
7.1. If you give IN1 the wrong details for a payment or you tell IN1 about an incorrect payment more than thirteen (13) months after it was made, IN1 won't give you a refund but will try and trace it for you. IN1 may 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 or Card Transactions. In particular, it shall be your sole responsibility to ensure that your Available Balance is sufficient to cover the full amount required for a proposed transaction and all fees associated therewith which shall be payable 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 you asked IN1 to make within the EEA arrives later than it should have, you can ask IN1 to contact the receiving 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, to combine and display information about your account with information from accounts you have with other payment service providers, and, if applicable to your payment instrument, to make payments for you from your account, provided the TPP is authorized by the relevant European regulator, and you have given your explicit consent.
9.2. If you do, you must keep us informed of any incorrect or unauthorized transactions that happen so IN1 can take steps to stop further misuse of your payment instrument and arrange any refund you've been entitled to.
9.3. If you are thinking of using a TPP, it is important you check with the regulator whether it is duly authorized 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's fraudulent or acting fraudulently. If that happens, IN1 will contact you to explain why unless IN1 believes that 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 the Policies (including the Privacy Policy), IN1 is entitled to request, retrieve and collect, and you hereby affirmatively agree, consent to and authorize the collection, retrieval, use and disclosure by and on behalf of IN1 of any and all Customer Information, in the manner and for the purposes set out in the Policies and the 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 procedures implemented 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 Customer Information to the extent necessary to bring about delivery of the same as well as on the external cover of envelopes/mail packages);
(c) investigating fraud, misconduct, any unlawful action or omission, whether relating to your claims or any other matter relating to your IN1 Account and/or your relationship with IN1, and whether or not there is any suspicious of the aforementioned;
(d) for meeting legal, regulatory and other compliance requirements (including disclosure to all government 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 other purposes 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 you authorize IN1 to execute such transaction immediately (unless otherwise stated) in accordance with your instructions and charge you any applicable fees associated therewith. You represent and warrant that any Customer 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 and complete 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. With respect to fiat transactions, you may issue a payment instruction to us (for example, related to deposits to and withdrawals of fiat balances using certain payment options supported by IN1) by connecting to our Services and making appropriate selections and entering relevant transactional details as well as validating your transaction through your preferred method of strong authentication, where applicable and required by the respective payment service provider. The sole transmission to IN1 of a payment instruction in the above-described manner will constitute an authorization of such payment instruction. The validation of a payment instruction through the use of the Services will have the same value as your original signature and will have the same value in evidence as an original written document.
11.4. If the strong authentication confirmation has been successfully completed, the burden of proof that an executed transaction has not been authorized by you or that a transaction has not been correctly executed normally lies with you.
11.5. A payment instruction with respect to certain fiat payment methods will be deemed to have been received by IN1 at the time of actual validation by you of the payment instruction, it being understood that, depending on the payment instrument used, certain payment instructions or validation thereof received by IN1 after the cut-off times imposed by our banking or payment partners, or at any time during a non-Business Day, will be deemed to have been received on the next Business Day.
11.6. When payment transactions (including also transactions with e-money balance) are made in euros from an Available Balance denominated in euros, we will ensure that the amount of the transaction is credited to the account of the payment service provider of the payee by no later than the end of the following Business Day following the moment of receipt of the payment instruction in accordance with these Terms. For all other payment transactions effected within the EEA other than the payment transaction described in the clause 11.5, IN1 will ensure that the amount of the payment transaction is credited to the account of the payment service provider of the payee by no later than the fourth Business Day following the moment of receipt of the payment instruction. For all other payment transactions not covered earlier in these Terms, you acknowledge that the execution time for the payment transaction will be subject to the operating rules of international payment systems and that in this case, we will not be bound by the deadlines set out in these Terms.
11.7. If we do not detect a fraudulent use or misuse of your Credentials and execute a payment transaction initiated through such Credentials, including successful application of the strong authentication requirements, as the case may be, we will, except in the case of gross negligence or willful misconduct, be deemed to have validly executed the payment transaction, as if the payment transaction had been initiated by you. We will thus be released from our obligation to refund you the funds on the IN1 Account which have been used in order to execute such payment instruction.
11.8. We may, at any time, reject a payment instruction submitted to us via the Services, or impose any other conditions or restrictions upon your use of the Services. The reasons for the refusal and the procedure for correcting any factual mistakes that led to the refusal will be notified to you at the latest by the end of the Business Day following the refusal. IN1 will be deemed to have satisfied this obligation if it has sent the notification of refusal within the period of execution time regardless of the date of actual receipt by you of such notification. Any notification by IN1 of a justified refusal of a payment instruction may result in you being charged a fee.
11.9. IN1 may, without being obliged to do so, refuse to execute a payment instruction in any of the accepted assets or currencies:
(a) if the payment instruction contains any factual error, in particular, incomplete or imprecise transactional details;
(b) if you have breached any of your obligations towards IN1 under these Terms or any other agreement entered 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 technical failure or because of hacking attacks;
(j) if IN1 suspects fraud (for example where it has identified suspicious transaction(s)) or has received a notification that an incident has occurred);
(k) if IN1 believes that the execution of the payment transaction would be contrary to any national or foreign laws, regulations or decisions of authorities or would expose IN1 to liability risks.
11.10. Should you elect to proceed with a subsequent execution of a payment instruction notwithstanding refusal thereof by IN1, you will provide IN1 with a new payment instruction containing all the required elements. It will not be possible to correct the initial payment instruction.
11.11. If a payment instruction is beyond your Account’s permissible use or applicable limits, IN1 may request additional identifying information from you and must receive such information before processing the payment instruction. If you fail to provide this additional required information or documentation, the attempted transaction may be refused or suspended by IN1, without being obliged to do so.
11.12. 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 by you, impose limits on the value or type of such transaction or impose any other conditions or restrictions on your access to and use of the IN1 Services.
11.13. It is your sole responsibility to keep track of and monitor your activity for IN1 transactions. In particular, it is your sole responsibility to ensure that your Available Balance is sufficient to cover the full amount required for a proposed transaction and all fees associated therewith which will be payable by and charged to you upon initiation of a transaction.
11.14. If you attempt to initiate, or if IN1 is instructed by you to process or complete, a transaction at a time when your Available Balance is insufficient to cover the full amount required for such transaction and all fees associated therewith which will be payable by you, such transaction in most instances will be declined. However, in the event that due to a system malfunction or any other reason, such transaction is successful or completed (or partially successful or completed) notwithstanding that your Available Balance is insufficient and your Available Balance becomes negative as a result of such successful or complete transaction, you agree to reimburse IN1, upon request, for the amount of the transaction in excess of your Available Balance in such fiat currency, Accepted Asset or any other form as may be requested by IN1.
11.15. It is your sole responsibility to confirm the list of virtual currencies, cryptographic tokens and/or other digital assets which are Accepted Assets. Any virtual currencies, cryptographic tokens and/or other digital assets other than the Accepted Assets (“Unsupported Assets”) which are sent to an address associated with your IN1 Account may be lost, destroyed or not returned to you. This may also include occasional distributions of crypto assets known as “airdrops” or “cryptodust”. While you may request for IN1 assistance to retrieve any such Unsupported Assets which are sent to an address associated with your IN1 Account, IN1 is under no obligation to provide such assistance. Additionally, there may be fees payable by and chargeable to you if IN1 provides any such assistance to retrieve the Unsupported Assets for return to you.
11.16. If any airdrop, fork, hack, mining attack (including double-spend attacks, majority mining power attacks 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 structure or source code of any blockchain, any determination of whether or not to take any corrective action or measure and the type of corrective action or measure will be made at the sole and absolute discretion of the IN1. IN1 does not bear any liability in the event that you or a third party incurs any losses as a result of any airdrop, fork, hack, mining attack (including double-spend attacks, majority mining power attacks 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 structure or source code of any blockchain, or lack of corrective actions or measures taken by IN1 or if IN1 decides to cease its support of Accepted Assets with the IN1 Wallet.
11.17. To the maximum extent permitted by all applicable laws, regulations, rules, directions, orders and requirements, IN1 is entitled, at any time in its sole and absolute discretion, to determine and vary the types 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 you at 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 Available Balance of your IN1 Account is positive, IN1 will attempt to contact you with such contact details based on the Customer Information provided by you to IN1. However, if IN1 is unable to contact you, the applicable laws, rules, regulations, directions, orders or requirements may require IN1 to report such Available Balance as unclaimed property to the applicable regulatory authority or law enforcement body and deliver the Accepted Assets comprising such Available Balance to the applicable jurisdiction as unclaimed property. To the maximum extent permitted by all applicable laws, regulations, rules, directions, orders and requirements, IN1 reserves the right to deduct administrative fees from such Available Balance in connection 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 your compliance with any and all terms and conditions which are prescribed by the provider of the services of such External Wallet or Account as being applicable to your use of such services. IN1 is not responsible for any access to or use of any External Wallet or Account. You agree and accept that if the security of your External Wallet or External Account is compromised in any manner, you will not be entitled to receive any compensation from IN1, and IN1 will not be obliged to provide, any refunds in respect of any loss, theft, or inappropriate or unauthorized disclosure of and/or use of such External Wallet or Account or their respective credentials.
14.2. The amount of time required to process and complete a transaction involving an address of an External 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 or Account), and IN1 does not provide any kind of assurance of the amount of time required to process and complete such transactions.
14.3. In some cases, the provider of the services of such External Wallet and/or Account may reject your transaction for a number of reasons. IN1 is not responsible for such rejections or any losses in connection therewith.
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 facilitate activities 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 any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
(v) the promotion of hate, violence, racial intolerance, or the financial exploitation of a crime;
(vi) items that are considered obscene;
(vii) certain sexually oriented materials or services; or
(viii) ammunition, firearms, or certain firearm parts or accessories, or certain weapons or knives regulated under applicable law;
(c) relate to transactions that:
(i) show the personal information of third parties in violation of any applicable law, regulation, rule, direction, order or requirement;
(ii) support pyramid or Ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs;
(iii) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts;
(iv) are by payment processors or payment aggregators collecting payments on behalf of merchants or sellers;
(v) involve certain credit repair, debt settlement services, credit transactions or insurance activities; or
(vi) involve offering or receiving payments for the purpose of bribery or corruption.
15.2. Further, you agree that you will not:
(a) use any part of the IN1 Services or allow a third party to use any part of the IN1 Services to commit fraud or otherwise violate the law;
(b) engage in conduct that is harassing, threatening, intimidating, or stalking, or that IN1 otherwise deems objectionable;
(c) engage in conduct or an act of fraud, extortion or blackmail, that seeks to disseminate falsehoods about the IN1 or otherwise harm IN1’s reputation and credibility using deception;
(d) use any part of the IN1 Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the IN1 Services or that could damage, disable, overburden or impair the functioning of any part of the IN1 Services in any manner;
(e) use any part of the IN1 Services to deliberately steal the assets of another user, IN1, or affiliated companies, through replay attacks, etc.
(f) reverse engineer any aspect of any part of the IN1 Services or apply any other process or procedure to derive the source code of any software included in any part of the IN1 Services (unless otherwise permitted by any applicable law, regulation, rule, direction, order or requirement);
(g) violate, infringe or misappropriate any intellectual property right, of other third parties, or commit a tort;
(h) reproduce (other than standard website page caching), create derivative works of, publicly perform, publicly display, distribute, sell, rent, lease, timeshare or otherwise commercially exploit any part of the IN1 Services;
(i) attempt to bypass or circumvent measures employed to prevent or limit access to any content, area or functionality of any part of the IN1 Services;
(j) develop any third-party applications that interact with Services without our prior written consent, except as allowed through the use of the IN1 APIs;
(k) use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by IN1 to access any part of the IN1 Services, extract data or otherwise interfere with or modify the rendering of pages or functionality of any part of the IN1 Services;
(l) bypass or ignore instructions contained in our robots.txt file that controls automated access to any part of the IN1 Services;
(m) use any part of the IN1 Services other than for its intended purposes; or
(n) use any part of the IN1 Services to engage in or promote any activity that violates these Terms.
16. INTEREST
16.1. IN1 will not pay any interest on your account. IN1 Account is not a bank account. You will not earn any interest on any funds stored with IN1.
17. USE OF IN1 CARD, CARD LIMITS AND CARD AUTHORIZATION DETAILS
17.1. Subject to the applicable laws, regulations, rules, directions, orders and requirements, IN1 and/or the Card Issuer may at its/their sole and absolute discretion set certain Card Limit(s) as being applicable to your use of the Card and may vary the Card Limit(s) for different types of Card Transactions.
17.2. You may request for an increase or decrease of the Card Limit(s) applicable to your use of the Card. Any approval of any request for an increase shall be subject to IN1’s and the Card Issuer’s determination at its sole and absolute discretion based on all of the Customer Information provided by you to IN1. Upon receipt of any request from you to increase the Card Limit(s) applicable to your use of the Card, you shall provide to IN1 such additional Customer Information as may be requested by IN1 and/or the Card Issuer and deemed by IN1 and/or the Card Issuer to be necessary for purposes of determining whether to approve of such increase.
17.3. You shall not at any time carry out or attempt to carry out such Card Transactions the aggregate value of which, or carry out a Card Transaction the value of which, will cause the Card Limit(s) applicable to your use of the Card to be exceeded without IN1’s and/or the Card Issuer’s prior written approval.
17.4. In calculating whether the Card Limit has been exceeded, IN1 may take into account the amount of any Card Transaction not yet deducted from your Available Balance and of any authorization given by IN1 to any person in respect of any prospective Card Transaction(s).
17.5. The expiry date of the Card shall be such date as may be indicated accordingly on the front of the Card. You shall not be entitled to use the Card for any Card Transaction from the expiry date. Unless otherwise notified to you, the Card shall be renewed and a new Card will be sent to you prior to the expiry of any existing Card.
17.6. IN1 and/or the Card Issuer reserves the right, at its sole and absolute discretion, not to renew a Card. In the event that IN1 and/or the Card Issuer determines not to renew a Card held in your name, IN1 and/or the Card Issuer will notify you of the same at least thirty (30) days prior to the expiry date of the Card.
17.7. When you receive your card, you must activate it by securely logging into your IN1 and following the instructions.
17.8. You must not make purchases that exceed the balance of funds available on your account balance. Your available balance will be reduced by the amount of each purchase you make. If any purchase takes you over your available funds or the card limits in force from time to time, the transaction will be declined.
17.9. You can use the card to make purchases in-store, via the internet or over the phone. The card can be used to obtain cash through cash machines. This is not a debit card supported by a bank account and is not in any way connected to a bank account. It is also not a guarantee card, charge card or credit card. You will not earn any interest on any funds loaded on to the card.
17.10. We may stop, suspend or restrict your card or PIN on reasonable grounds relating to, for example, the security of your card, card number or PIN, and the suspected unauthorized or fraudulent use of your card or PIN. IN1 will, if possible, inform you before stopping, suspending or restricting your card or PIN that IN1 intends to do so and the reasons for doing this. If IN1 is unable to do so then IN1 will inform you immediately afterwards. The requirement to inform you does not apply where it would compromise reasonable security measures or it would be unlawful to do so.
17.11. IN1 is not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased with the card. IN1 are not liable for the failure of any merchant to honor the card.
17.12. If you change your mind about having the card, you can cancel it within 14 days of the date you receive confirmation of your application being approved by contacting our Support. Your account balance will not be impacted by that decision.
17.13. In relation to Card Payments, you acknowledge and agree that, subject to the applicable laws, regulations, rules, directions, orders and requirements, there may be instances or circumstances in which there are time differences between:
a) the time at which the relevant invoice, sales draft or other voucher or form is signed or accepted by you for any goods, services and/or other benefits rendered by a Merchant and authorization has been sought from or given by IN1; and
b) the time of actual processing and settlement of the Card Payment by IN1, the Card Issuer and/or Mastercard for payment to such Merchant.
17.14. Subject to the applicable laws, regulations, rules, directions, orders and requirements, in some instances and depending on the currencies or Assets used in relation to the Card Transactions, the time of the card authorization and the time when the card is actually charged can be different, therefore the actual amount to be deducted from your Available Balance for such Card Payment shall be the amount calculated based on such exchange rate representing the value (in the relevant fiat currency) of a unit of an Accepted Asset as may be determined by IN1 to be applicable at the time of the transaction. Such exchange rate may differ from the Applicable Exchange Rate.
17.15. In relation to certain card payments, you acknowledge and agree that, subject to the applicable laws, regulations, card rules, directions, orders and requirements, there may be instances or circumstances in which there are time differences between the time of actual processing and settlement of your payment by IN1 through our financial partners, and the time listed on your transactional history statement issued to you by your bank or credit card provider.
17.16.Subject to the applicable laws, regulations, rules, directions, orders and requirements, in the instances or circumstances as referred to in clause 18.1, the actual amount to be deducted from your Available Balance for such transactions will be the amount calculated based on such exchange rate representing the value (in the relevant fiat or digital currency) of a unit of an Accepted Asset as may be determined by IN1 at the time when IN1 may be processing or authorizing such transactions.
18. PAYABLE FEES
18.1. IN1 is authorized to deduct the amount(s) of all transactions and any fees as notified by IN1 to you in advance (in writing, by displaying within the IN1 Account or any other form or manner) as being payable by and chargeable to you under these Terms from the Available Balance of your IN1 Account. The detailed Fees Schedule is set on IN1 Website.
18.2. You are solely responsible for the payment of all fees associated with any transaction.
18.3. To the maximum extent permitted by all applicable laws, regulations, rules, directions, orders and requirements, IN1 will be entitled to impose the following types of fees which are payable by and chargeable to you:
(a) annual fees,
(b) foreign exchange fees and other transaction fees.
(c) transaction fees associated with blockchain-based transactions,
(d) the provision by IN1 to you of any information under these Terms other than as required by or pursuant to the applicable laws, regulations, rules, directions, orders and requirements.
18.4. IN1 may in its sole and absolute discretion revise the amounts of fees which are payable by and chargeable to you by giving notice of such revision no later than two (2) months before the proposed date of applicability of such revision on the IN1 Website, through your IN1 Account and by e-mail, which will constitute good and sufficient notice thereof to you by IN1 and will be deemed to have been received by you on the date of such posting or e-mail. IN1 will not be required to provide such notice period of two (2) months in the case where such revision is required by the applicable laws, rules, regulations, directions, orders or requirements or where the change does not have any material or adverse impact for you. In such instances, such revision will be made without prior notice to you and will be effective immediately.
18.5. If you do not accept a revision of the amounts of fees which are payable by and chargeable to you, you must immediately close your IN1 Account by notifying IN1 of such closure and/or termination in accordance with clauses 20, 21, 28 and 31 prior to the proposed date of applicability of such revision. Subject clauses 20 and 21, you remain liable to IN1 after your closure and/or termination for any liabilities or charges which you may have incurred and are responsible for prior to your closure and/or termination.
18.6. Where you continue to use your IN1 Account after the proposed date of applicability of a revision of the amounts of fees which are payable by and chargeable to you, you will be deemed to have agreed with and accepted all parts of such revision and have authorized IN1 to deduct such revised amounts of fees from your Available Balance. In the event that your Available Balance becomes negative as a result of deductions from your Available Balance of payable amount(s) for any use of your IN1 Account and the fees associated therewith, you agree to reimburse IN1, upon request, for the amount in excess of your Available Balance in such fiat currency or any other form as may be requested by IN1.
18.7. You agree and accept that if there is an error at any stage of a fiat transaction, IN1 is authorized (not obliged to) to initiate debit or credit entries to your IN1 Account (or any payment instrument or bank account connected thereto) to correct such error, provided that any such correction is subject to all applicable laws, regulations, rules, directions, orders and requirements. You agree and accept that if IN1 is unable to debit your IN1 Account (or any payment instrument or any bank account connected thereto) for any reason, IN1 is authorized to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on record with IN1.
18.8. Where a currency conversion is offered to you by a payment service provider other than IN1 (e.g. your bank or your card issuer) and you elect to instruct IN1 to proceed with such transaction on the basis of the exchange rate and charges offered to you by such service provider, IN1 will have no liability to you, and will not be responsible, for such currency conversion.
18.9. You are wholly responsible for determining any and all taxes and duties, including sales, use, transfer, value added, withholding, and other taxes and/or duties assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with any access to or use of any part of the IN1 Services, the sale or purchase of any products or services in connection with any access to or use of the IN1 Services, or otherwise in connection with any action, inaction, or omission by you or any affiliate of yours, or any of your or their respective employees, agents, contractors, or representatives. You are also wholly responsible for collecting, withholding, reporting, and remitting correct taxes and duties to the appropriate authority.
18.10. IN1 will not charge you any fees or surcharges beyond those specified on IN1 Website, however, your other payments service provider may charge you for executing your transactions with them, as the case may be.
18.11. For customer support, please visit www.in1.io support section or use the support section within our app. If the situation requires so, we may ask to contact you via a phone call, and those calls would normally be charged at your standard network rate, calls from mobiles may be higher.
19. ACCOUNT CLOSURE BY IN1
19.1. If IN1 determines that you are incurring an excessive number of chargebacks, disputes, complaints or other irregularities, IN1 may establish controls or conditions governing your use of your IN1 Account, including by:
(a) establishing new processing fees payable by and chargeable to you;
(b) creating a reserve of an amount reasonably determined by IN1 to cover anticipated reversals, losses and related fees;
(c) lowering your limits applicable to your IN1 Account transactions; or
(d) terminating, restricting or suspending your access to and use of the IN1 Services and closing your IN1 Account.
19.2. IN1 is further entitled to close your IN1 Account for any reason at any time if:
(a) you have violated, breached or failed to comply with any part of these Terms or the Policies;
(b) IN1 determines that you pose an unacceptable credit or fraud risk to us;
(c) you provide or have provided false, incomplete, inaccurate, or misleading Customer Information (including any information in relation to your registration for a IN1 Account) or otherwise engage in fraudulent or illegal conduct;
(d) IN1 has security concerns regarding your IN1 Account or your Credentials; or
(e) IN1 suspects or has reason to believe that there has been loss, theft, or inappropriate or unauthorized disclosure of and/or use of your IN1 Account and/or your Credentials.
19.3. In the case where IN1 determines that it will close your IN1 Account in any of the above events, IN1 will provide you with a notice of such closure or termination in accordance with these Terms, and where practicable, the reasons for closing your IN1 Account, and allow you to withdraw any remaining Available Balance from your IN1 Account.
19.4. In the case where you wish to request for reactivation of your IN1 Account or Credentials, or replace it/them, you must notify IN1 in writing. IN1 may, at its sole and absolute discretion, take such action to reactivate your IN1 Account or Credentials.
19.5. To the maximum extent permitted by all applicable laws, regulations, rules, directions, orders and requirements, IN1 is entitled in connection with any closure of your IN1 Account to:
(a) deduct your Available Balance for any amount and charges incurred in or related to IN1 Transactions that are carried out before such closure of your IN1 Account, and you will remain liable to IN1 for such amounts and charges until such amounts and charges are deducted or otherwise paid to IN1 in full;
(b) cancel any pending Transactions,
(c) suspend, limit or terminate your access to the IN1 Website, software, systems (including any networks and servers used to provide any of the IN1 Services) operated by IN1 or any third party for or on its behalf;
(d) retain your Available Balance after such closure of your IN1 Account to such extent and for such period of time as may be reasonably required to protect IN1 and/or any third party against the risk of reversals, chargebacks, claims, fees, charges, fines, penalties and other liabilities of whatever nature, after which you will be entitled to withdraw any undisputed Available Balance which IN1 holds;
(e) transfer any and all residual amounts remaining in your IN1 Account to the benefit of IN1. You hereby acknowledge and agree that you have no objections to this procedure and irrevocably waive any future claims or rights to these residual amounts.
19.6. Please contact IN1 in accordance with clause 31 if you have any questions on your Available Balance held in your IN1 Account upon any closure of your IN1 Account.
19.7. Subject to the applicable laws, regulations, rules, directions, orders and requirements, you are not entitled to any payment, compensation or damages from IN1 in relation to any closure of your IN1 Account pursuant to the foregoing of this clause for any reason.
19.8. Subject to the applicable laws, regulations, rules, directions, orders and requirements, any closure of your IN1 Account for any reason will not release you from any liability or responsibility on your part, which at the time of such suspension or termination, has already accrued.
19.9. If IN1 closes your IN1 Account, IN1 will mark your IN1 Account in its database as “Closed”, but will maintain a record of the Customer Information provided by you to IN1 in our database to comply with applicable laws, rules, regulations, directions, orders and data retention and AML/CTF requirements. Such maintenance of a record by IN1 of the Customer Information provided by you to IN1 is, for instance, necessary in order to deter against fraud, by ensuring that persons who try to commit fraud will not be able to avoid detection simply by closing their initial IN1 Accounts and opening new IN1 Accounts. However, the Customer Information provided by you to IN1 will not be used by IN1 for any further purposes, nor sold or shared with third parties, except to the extent necessary to prevent fraud and assist law enforcement authorities, or as required by law.
19.10. The rights of suspension, restriction, closure and termination of IN1 under these Terms will be without prejudice to any other rights or remedies which IN1 may have (whether under these Terms, at law, in equity or otherwise).
20. ACCOUNT CLOSURE BY YOU
20.1. You are entitled to close your IN1 Account at any time by notifying IN1 of your intention of such closure or termination in accordance with clause 31.
20.2. By clothing your IN1 Account, you shall withdraw all your Accepted Assets from your IN1 Account. Since crypto assets may not be withdrawn ultimately, there may be still small residual amounts known as “cryptodust” in your IN1 Account. You hereby expressly authorise IN1 to transfer any and all residual amounts remaining in your IN1 Account to the benefit of IN1. You hereby acknowledge and agree that you have no objections to this procedure and irrevocably waive any future claims or rights to these residual amounts.
20.3. If you close your IN1 Account, IN1 will mark your IN1 Account in its database as “Closed”, but will maintain a record of the Customer Information provided by you to IN1 in our database to comply with applicable laws, rules, regulations, directions, orders and requirements. Such maintenance of a record by IN1 of the Customer Information provided by you to IN1 is, for instance, necessary in order to deter against fraud, by ensuring that persons who try to commit fraud will not be able to avoid detection simply by closing their initial IN1 Accounts and opening new IN1 Accounts. However, the Customer Information provided by you to IN1 will not be used by IN1 for any further purposes, nor sold or shared with third parties, except to the extent necessary to prevent fraud and assist law enforcement authorities, or as required by law.
21. SURVIVING TERMS FOR ACCOUNT CLOSURE AND COMPLIANCE
21.1. These Terms survive termination to the extent necessary for the closure of your IN1 Account by you or IN1 and for compliance by IN1 with applicable laws, rules, regulations, directions, orders and requirements.
22. COMPLAINTS
22.1. If you would like to make a complaint, please send email to complaints@in1.io or contact us via in-app support chat.
22.2. IN1 will send an acknowledgment letter or email or text to inform you upon receipt of your complaint within two (2) Business Days.
22.3. IN1 will try to resolve any complaints you have about your payment instrument or the service IN1 provides to you within fifteen (15) Business Days of receiving your complaint and in exceptional circumstances, within thirty-five (35) Business Days (and IN1 will let you know if this is the case).
22.4. IN1 has procedures in place to make sure that IN1 handles your complaint fairly and quickly.
23. CONTACTING IN CASE OF AN EMERGENCY
23.1. IN1 may need to contact you urgently if IN1 suspects or finds fraudulent activity has occurred on your account (provided IN1 is not prohibited from doing so by law) or if IN1 suffers a security threat. To do so, IN1 may (for example) send you a text message instead of calling or emailing you, if IN1 thinks this is the quickest way to contact you. When IN1 contacts you, IN1 will also give you information on how you can minimize any risk to your payment instrument depending on the nature of the security threat. IN1 will use the same contact details which you have already provided us with when contacting you. You must inform us immediately if your personal details or contact information change.
24. GENERAL RIGHTS OF IN1
24.1. You hereby agree and accept that IN1 records all transactions, Customer Information and any other matter in relation to these Terms or your use of IN1 Services (including any communications transmitted electronically or telecommunications between IN1 and you) are final and conclusive and binding for all purposes, in the absence of a manifested error.
24.2. Without prejudice to any of IN1’s other rights and remedies (whether under these Terms, at law, in equity or otherwise), IN1 is required to act in accordance with any and all applicable laws, regulations and rules and directions, orders and of any applicable regulatory authority and/or law enforcement body relating to anti-fraud, anti-terrorism, CFT, AML and the provision of financial and other services to any persons or entities requirements, and may be subject to sanctions in relation thereto. IN1 is entitled to take any action which may be required by any applicable regulatory authority and/or law enforcement body or which it, in its sole and absolute discretion, considers appropriate to take in order to comply with such laws, directions, orders and requirements.
24.3. Without prejudice and in addition to any right of set-off to which IN1 is otherwise entitled and to the maximum extent permitted by all applicable laws, regulations, rules, directions, orders and requirements, IN1 may, at any time, upon written notice to you, set-off any amounts owing by you to IN1 for any breach by you of these Terms against any amounts which IN1 owes to you.
25. DISCLAIMERS, INDEMNITY AND LIABILITY
25.1. Subject to the applicable laws, regulations, rules, directions, orders and requirements and the Policies, IN1 is not in any event be liable in any way to you or any person for any loss, liability, damages or expense, howsoever arising from or in connection with:
(a) your use the IN1 Account, or any transaction initiated or received by you using our services;
(b) 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;
(c) any rejection of use of your transactions or transfer or attempted transaction by other third party financial institutions or payment service providers or virtual asset service providers;
(d) any transfer of any Unsupported Assets by any person to an address associated with a IN1 Account;
(e) any failure, malfunction or breakdown of, or disruption to, the operation of the IN1 Service or your IN1 Account, the relevant blockchain(s), blockchain-based software system(s) or any source code(s) with which the Accepted Asset(s) are associated or any part of your IN1 Account relies on, due to occurrences of forks, hacks, mining attacks (including double-spend attacks, majority mining power attacks and “selfish-mining” attacks), cyber-attacks, distributed denials of service, errors, vulnerabilities, defects, flaws in programming or source code or otherwise, regardless of when such failure, malfunction, breakdown, or disruption occurs;
(f) any delay or inability on IN1’s part to perform any of its obligations under these Terms because of any electronic, mechanical system, data processing or telecommunication defect or failure, act of God, terrorism, civil disturbance or any event outside of IN1’s reasonable control or the reasonable control of any of IN1’s servants, agents or contractors;
(g) any access to or use of any External Wallet or External Account by any person;
(h) any breach of any obligation of confidentiality by any third party provider of any service or facility associated with IN1 Account, and you acknowledge and understand that use of the same involves the transmission of your personal data and transaction details through third parties which IN1 may be unable to control, and IN1 is not responsible or liable to you for their performance or the non-performance of their obligations to you;
(i) any loss, theft, or inappropriate or unauthorized disclosure of and/or use of your IN1 Account, and/or your Credentials;
(j) any injury to your credit, character and reputation in relation to your use of the IN1 Account;
(k) any delay in the release of any amount of your Available Balance which is put on hold for any reason;
and you hereby waive claim you may now or in the future have against IN1 for the same. You must fully and effectively indemnify, defend and hold harmless the Indemnified Parties from and against, any and all losses arising directly or indirectly from or in connection with any or all of the foregoing matters.
25.2. IN1 makes no warranty or representation as to the quality, value, merchantability or fitness for purpose of any goods and/or digital assets services purchased using IN1 services and assumes no liability or responsibility for the acts or omissions of merchants or sellers. Any dispute about the value, condition or performance of any of such goods/services/assets is to be resolved directly with the relevant merchants or sellers.
25.3. To the maximum extent permitted by all applicable laws, regulations, rules, directions, orders and requirements, you must indemnify and keep the Indemnified Parties fully indemnified against all losses (including legal costs on an indemnity basis) incurred, suffered or sustained by the Indemnified Parties, directly or indirectly, by reason of or in connection with these Terms.
25.4. This clause survives any expiry, termination or other cessation of your relationship with IN1.
26. FORCE MAJEURE
26.1. IN1 is not liable to you or be deemed to be in breach of any provision of these Terms by reason of any delay in performing, or any failure to perform, any of its obligations if the delay or failure was due to any Force Majeure Event.
27. AMENDMENT, MODIFICATION OR VARIATION OF TERMS
27.1. IN1 has the right in its sole and absolute discretion to amend, modify or vary these Terms (and such part of the Policies to the extent that it is entitled to make such amendments, modification or variation) by giving notice of such amendment, modification or variation (“Changes”) no later than two (2) months before the proposed date of entry into force of the Changes to these Terms via e-mail and on the IN1 Website, or additionally through your IN1 Account notification or in any other form or manner deemed appropriate by IN1 (which will constitute good and sufficient notice thereof to you by IN1 and will be deemed to have been received by you on the date of such posting or e-mail notice. IN1 is not required to provide such notice period of two (2) months where a Change is required by the applicable laws, rules, regulations, directions, orders or requirements or relates to the addition of a new service, extra functionality to the existing IN1 Services or any other change which neither reduces your rights nor increases your responsibilities. In such instances, the Change will be made without prior notice to you and will be effective immediately.
27.2. If you do not accept a Change as set out in a notice given by IN1, you must immediately close your IN1 Account by notifying IN1 of such closure and/or termination in accordance with clause 20 prior to the proposed date of entry into force of the amended, modified or varied Terms. Subject further to clause 20, you remain liable to IN1 after your closure and/or termination for any liabilities or charges which you may have incurred and are responsible for prior to your closure and/or termination.
27.3. Where you continue to use IN1 Services after the proposed date of entry into force of the Changes to these Terms, you will be deemed to have agreed with and accepted such Changes to these Terms.
28. INCONSISTENCY WITH ANY APPLICABLE LAW, REGULATIONS OR RULES
28.1. If any provision in these Terms results in any direct or indirect non-compliance by IN1 with any provision in any applicable law, regulation, rule, direction, order and requirement in any jurisdiction, you acknowledge and agree that:
(a) such provision in these Terms will be null and void to the extent of such non-compliance by IN1; and
(b) IN1 is entitled to take such action as may be required for compliance by IN1, or omit to take such action as may result in continued or future non-compliance by IN1, with such provision in the applicable law, regulation, rule, direction, order or requirement.
29. NO WAIVER
29.1. No failure to exercise or enforce, and no delay on the part of IN1 in exercising or enforcing its rights under these Terms will operate as a waiver thereof nor will such failure or delay in any way prejudice or affect the rights of IN1 at any time.
30. ASSIGNMENT
30.1. The IN1 Account is non-transferable and all rights, interests and obligations under these Terms are non-assignable upon the establishment of the IN1 Account without the prior written consent of IN1. The IN1 Account must be used strictly by you only.
30.2. To the maximum extent permitted by all applicable laws, regulations, rules, directions, orders and requirements, IN1 may assign and transfer any or all of its rights, interests and obligations under these Terms to any person. Any such assignment or transfer will take effect upon fulfilling notification requirements, as stipulated in clause 31.
30.3. If IN1 assigns and transfers all its rights, interests and obligations under these Terms:
(a) all references to IN1 in these Terms will upon and after any such assignment and transfer be construed as a reference to the assignee and transferee of IN1; and
(b) such assignee and transferee will be entitled to enforce all rights and perform all obligations of IN1 and to be paid all sums due from you under these Terms as at the date of such assignment and transfer thereafter.
31. NOTICES AND CORRESPONDENCE
31.1. All notices and communications by IN1 to you will be in writing in the English language, unless specifically allowed by IN1 otherwise. You agree that IN1 may provide notice or other information to you by posting it on the IN1 Website or through your IN1 Account (including the posting of information which is only accessible by you by logging into your IN1 Account), emailing it to the email address provided by you as Customer Information in connection with your IN1 Account, mailing it to the registered address provided by you as Customer Information in connection with your IN1 Account, calling you by telephone, or sending you an text message. You must have internet access and an email account to receive communications and information relating to the IN1 Services. With the exception of amendments to these Terms, such notice will be considered to be received by you within twenty-four (24) hours of the time it is posted on the IN1 Website or through your IN1 Account or emailed to you. If a notice is sent by mail, such notice will be deemed to have been received by you three (3) days after it is posted. You may request a copy of any legally required disclosures (including these Terms) from IN1. IN1 will provide this to you in a form which allows you to store and reproduce the information in these Terms (for example, by email) and you may terminate your consent to receive required disclosures through electronic communications by contacting IN1 at support-team@in1.io IN1 may charge you a fee to provide such legally required disclosures. IN1 reserves the right to close, restrict, suspend or terminate your access to the IN1 Account if you withdraw your consent to receive electronic communications from IN1.
31.2. All notices and requests from you to IN1 will be in writing in the English language and no other language and sent via email to support-team@in1.io unless otherwise specified by IN1 to you. IN1 is entitled to regard as ineffective and invalid any notice or request by you the receipt of which has not been confirmed by IN1 to you.
32. INTELLECTUAL PROPERTY RIGHTS
32.1. These Terms will not entitle you to any intellectual property rights, including the rights in relation to the use, for any purpose, of any information, image, user interface, logos, trademarks, trade names, Internet domain names or copyright in connection with any part of these Terms, the Policies, or the IN1 Website.
32.2. IN1 observes a policy of limiting access to the IN1 Services by users who infringe the intellectual property rights of others. If you believe that anything associated with the IN1 Services infringe any copyright that you own or control, you may notify IN1 in accordance with clause 31.
32.3. The API of IN1 is the copyrighted technology of IN1 and may not be copied, imitated or used, in whole or in part, outside of the IN1 intended use. IN1 retains all its rights related to its databases, websites, graphics, software, applications, programs, code, etc, including chat text, the content of IN1’s emails, and data such as transaction prices developed or provided by IN1 or its affiliates which can be acquired by various external APIs. IN1 may demand any third parties stop using IN1’s API for any purposes not authorized by IN1.
32.4. The IN1 logo, any other IN1 service names, logos or slogans that may appear on the Services, and the look and feel of any part of the IN1 Services, Wallet, and the IN1 Website, including all page headers, custom graphics, button icons and scripts, are trademarks, service marks or trade dress of IN1 and its suppliers and its licensors, and may not be copied, imitated or used, in whole or in part, without its or the applicable trademark holder’s prior written consent thereto. You may not use any metatags or other “hidden text” utilizing any name, trademark or product or service name of IN1 without IN1 prior written consent thereto. Further, you may not use, frame or utilize framing techniques to enclose any IN1 trademark, logo or other proprietary information, including the images found on any part of the content of any text or the layout or design of any page, or form contained on a page, on any part of the IN1 Services, Wallet, Website without IN1 prior written consent thereto.
32.5. You must not, and may not attempt to, directly or indirectly:
(a) transfer, sublicense, loan, sell, assign, lease, rent, act as a service bureau, distribute or grant rights to any part of the IN1 Services, Account, Website to any person or entity;
(b) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in any part of the IN1 Services or the IN1 Website;
(c) reverse engineer, disassemble, or decompile any part of the IN1 Services or Website or apply any other process or procedure to derive the source code of any software included in any part of the IN1 Services, Account, or Website.
32.6. You must not issue any press release or make any public statement related to any part of the IN1 Services, the IN1 Wallet, or the IN1 Website, or except as expressly provided in these Terms, use the name, trademarks or logo of IN1 or any of its affiliates in any form or manner (including in promotional material) without IN1’s prior written consent thereto, or misrepresent IN1 or any of its affiliates.
32.7. IN1 may display third-party content, advertisements, links, promotions, logos and other materials on or through any part of the IN1 Services, the IN1 Account or the IN1 Website (collectively, “Third-Party Content”). IN1 does not control, endorse, sponsor or adopt any Third-Party Content or any third parties referenced on the Services, and IN1 makes no representations or warranties of any kind regarding such Third-Party Content, including regarding its accuracy or completeness. Your interactions with Third-Party Content, and any third party that provides Third-Party Content, are solely between you and such third parties, and IN1 is not responsible or liable in any manner for such interactions or Third-Party Content. When you leave the IN1 Account environment or the IN1 Website and enter a third-party application or website, these Terms and the Policies will no longer be applicable.
33. SEVERABILITY
33.1. If any of these Terms is rendered void, illegal or unenforceable by any legislation to which it is subject, it will be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of these Terms will continue to be valid and in full force and effect.
33.2. The illegality, invalidity or unenforceability of any provision of these Terms under the law of any jurisdiction will not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
34. APPLICABLE LAW AND JURISDICTION
34.1. These Terms will be subject to and construed in accordance with the laws of Poland and you hereby submit to the non-exclusive jurisdiction of the courts of Poland.
34.2. You and IN1 agree that any claims shall be brought against IN1 in state courts of Poland on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual actions into a single action is not permitted without the consent of IN1.
