Terms and Conditions for the Provision of Virtual Currency Exchange Services by HopOn Sp. z o.o.

These Terms and Conditions are intended for Users who have entered into an exchange agreement for virtual currency units with HopOn Sp. z o.o. via the Service available at https://hoho.io/. The exchange referred to in the previous sentence takes place as part of providing services electronically, i.e., without the simultaneous presence of the parties (remotely), through data transmission at the individual request of the service recipient, sent and received using electronic processing devices, including digital compression and data storage, which are entirely transmitted, received or transmitted via telecommunication networks as defined in the Act of July 16, 2004 – Telecommunications Law.

§1 Definitions

Terms used in these Terms and Conditions mean:

• Service Provider/HoHo – HopOn Sp. z o.o. based in Warsaw (00-238) at Długa 29, KRS: 0001142476, NIP: 5253026854, REGON: 540348765, with a fully paid-in share capital of 5,000.00 PLN;
• Platform – the site known as HoHo, found at https://hoho.io/, managed by the Service Provider, which allows users to access the online service.
• Customer - an individual with full legal capacity to undertake legal actions or a legal representative authorized to act on behalf of a legal entity or an organizational unit without legal personality, who in any manner engages with the Service.
• Services - services delivered by the Service Provider to the Customer electronically, related to the exchange of virtual currency, specifically including the online sales service.
• Online Sales Service - provided through the web application at the domain https://hoho.io/, the service referred to in §4 of the Terms and Conditions, consisting of exchanging virtual currency;
• Virtual Currencies - digital representations of value that do not fall under the following categories:
  • legal tender issued by the National Bank of Poland, foreign central banks, or other governmental bodies,
  • an international unit of account established by an international organization and recognized by individual countries that are members or cooperate with that organization,
  • electronic money referred to in Article 2 point 21a of the Act of August 19, 2011 on Payment Services Directive (Journal of Laws of 2019 item 659, as amended hereinafter referred to as UUP),
  • a financial instrument referred to in Article 2 section 1 of the Act of July 29, 2005 on Trading Financial Instruments (Journal of Laws of 2018, item 2286, as amended hereinafter referred to as UOIF),
  • a bill of exchange or a check.
• Order - a statement of intent made by the Customer to the Service Provider, which includes a request to execute a Transaction;
• Terms and Conditions - this agreement;
• Transaction - the exchange of virtual currency for cash (FIAT) or the exchange of cash (FIAT) for virtual currency or exchange between virtual currencies, initiated by the Customer.
• Agreement - he agreement for the exchange of virtual currency established between the Customer and the Service Provider.
• AML - anti-money laundering and counter-terrorism financing Act of March 1, 2018 (Journal of Laws of 2019, item 1115, as amended);
• GDPR - the Regulation (EU) 2019/679 of the European Parliament and Council, dated April 27, 2016, concerning the protection of individuals related to the processing of personal data and the free movement of such data.

§2 General Provisions

1. These Terms and Conditions outline the terms and principles governing the services provided by the Service Provider to the Customer, enabling the Customer to exchange (sell, buy or exchange) virtual currency (Services). This includes detailing the rules for utilizing the Services as well as the rights and responsibilities of both the Service Provider and the Customer.
2. A fundamental requirement for utilizing the Service, along with the services provided via this tool, is the voluntary acceptance of the content of these Terms and Conditions by the Customer, through the submission of the appropriate declaration of intent, no later than at the time of placing the Order.
3. Utilizing the Service requires that the IT system of the Customer meets the following minimum technical requirements:
   • Possessing a device that enables Internet access, equipped with an operating system and an installed web browser.
   • Having a valid email address or an active phone number.
4. The Service Provider guarantees the security of data transfers conducted through the Service by utilizing the HTTPS protocol and obtaining a corresponding SSL security certificate.
5. The Service Provider informs that the delivery of Services, involving transactions related to virtual currencies, carries the risk of losing the value of invested financial resources due to the following reasons:
   • The exchange of goods or products, both material and virtual, including virtual currencies, carries certain risks;
   • The rates of virtual currencies are constantly fluctuating, meaning that invested assets can increase or decrease in value at any time.
   • Both traditional and virtual currencies can undergo significant value fluctuations and may even lose their value entirely—there is an inherent risk associated with trading any goods or products in the market.
   • The exchange of Virtual Currencies is especially risky due to the distinct nature of the asset being traded. Unlike conventional currencies, which are regulated by the central banks of their respective countries or are tied to specific economic measures (such as gold, silver, or diamonds), virtual currencies depend on modern technological solutions and user trust.
   • In the event of a collapse in the virtual currency market, there are no governmental institutions that can mitigate its effects.
   • The Customer should independently evaluate whether their financial situation and risk tolerance are suitable for engaging in transactions involving virtual currencies.
   • More information regarding the risks associated with trading virtual currencies is available at https://www.knf.gov.pl.
6. The Service is accessible 24 hours a day. Under the conditions for providing the Services outlined below, utilizing the Service is free of charge, except for the costs associated with Internet access required to use it.
7. The Customer is prohibited from submitting illegal, defamatory content, misleading information, or any material that could disrupt or harm the IT systems associated with the Service.
8. In relation to the provision of Services, the Service Provider grants the Customer access to content protected by intellectual property rights, particularly works protected by copyright, materials marked with trademarks, or those that may be marked with such symbols. The Customer is required to adhere to the provisions of intellectual property law.

§3 Services Provided by the Service Provider

1. In line with the conditions outlined in these Terms and the Agreement established accordingly, the Service Provider executes a specified Transaction for the Customer upon receiving the Order. The Services offered by the Service Provider to the Customer involve processing the Order for the sale, purchase or exchange of virtual currency units via the Service.
2. As of the date these Terms are accepted, the Service Provider offers the online sale, purchase, or exchange Service exclusively for the virtual currencies listed in the online service. Any future expansion of the Service Provider's offerings to include additional virtual currencies will not require changes to these Terms; the provisions within these Terms will apply accordingly to any new virtual currencies.
3. By placing an Order through the Service, the Customer accepts the offer to exchange virtual currency at the rate proposed by the Service Provider, which constitutes the conclusion of the Agreement under the terms outlined later in these Terms.
4. With the exception of the next sentence, the final exchange rate for virtual currency is set at the time the Order is submitted, provided that the transfer of virtual currency to the Service Provider's wallet occurs within 5 (five) minutes from the moment the Order is placed. Due to the dynamic volatility of virtual currency rates, the Service Provider advises that in exceptional circumstances, if a significant change in the rate occurs during the Transaction processing, the Service Provider may unilaterally cancel the Transaction or execute it at a different rate than indicated in the Order form mentioned in §4 point 1 of these Terms, which the Service Provider will communicate to the Customer.

§4 Fees and Commissions of the Service Provider

The commissions of the Service Provider are as follows:

• For the online service, the Service Provider's commission is included in the transaction price of the virtual currency offered to the Customer, which is accepted by the Customer at the time the virtual currency is sent to the Service Provider's wallet.
• The Service Provider's commission is considered a trade secret and varies based on the conditions of the virtual currency market. The Customer is informed of the total cost of the Transaction, as they are aware of the rate at which they are buying or selling virtual currency at the time of the transaction.
• When selling virtual currency at a price higher than the purchase price, the Customer is obligated to fulfill tax liabilities in accordance with the provisions of applicable law.

§5 Liability

1. The Service Provider is obliged to diligently perform the Service for the Customer.
2. The Service Provider retains the right to temporarily suspend access to the Service and the ability to place Orders.
3. The Service Provider is not responsible for the non-performance or improper execution of the Service if it is due to circumstances beyond the Service Provider's control.
4. The Service Provider is not liable for the non-performance or improper fulfillment of obligations by the Customer that arise from generally applicable legal regulations. The Service Provider is also not responsible for any false or incomplete information provided by the Customer, particularly in cases where data of third parties is submitted without their consent or knowledge.
5. The Service Provider is not liable if the Customer provides an invalid virtual currency wallet address. The Service Provider does not possess the technical capability to recover funds and is not accountable for their loss.

§6 AML

1. The Customer acknowledges that virtual currencies are not conventional currencies or electronic money—they are not covered by the Act of August 19, 2011, on Payment Services (Journal of Laws of 2011, No. 199, item 1175, as amended) or the Act of July 29, 2005, on Trading in Financial Instruments (consolidated text: Journal of Laws of 2014, item 94, as amended).
2. The Service Provider is an obligated institution under the Act on Counteracting Money Laundering and Terrorism Financing (AML).
3. In accordance with AML regulations, the Service Provider implements financial security measures outlined in Article 34 of the AML Act and exercises due diligence while carrying out activities and fulfilling obligations related to AML.
4. In light of point 3, the Service Provider may undertake certain obligations, especially concerning the identification and verification of the identities of Customers before a Transaction is executed. The Customer, with this in mind, is required to cooperate with the Service Provider in meeting the obligations arising from AML, particularly by refraining from evading AML regulations, such as unjustifiably dividing a single Transaction into multiple smaller ones and obstructing or hindering the Service Provider's ability to identify the Customer.
5. If the obligations outlined in AML cannot be met, the Service Provider reserves the right to refuse to provide the Service.
6. In the situation described in point 5, the Service Provider is not responsible for the non-performance or improper fulfillment of obligations arising from the Agreement.

§7 Processing of Personal Data

1. In relation to the provision of the Service by the Service Provider to the Customer, the Service Provider may process the Customer's personal data. Therefore, in compliance with the obligation stated in Article 13 of the GDPR, the Service Provider provides the following information:
2. The administrator of the Service Recipient's data is HopOn Sp. z o.o. based in Warsaw (00-238) at Długa 29 (hereinafter referred to as the "Administrator").
3. Contact with the Administrator can be made via:
   Email address: info@hopon.com
4. The personal data of the Customer will be processed for the following purposes:
   • To conclude and execute the Agreement, handle complaints, and address requests from the Customer related to the provision of Services, with processing based on Article 6(1)(b) of the GDPR.
   • To fulfill a legal obligation of the Administrator, particularly concerning accounting regulations and AML, with processing based on Article 6(1)(c) of the GDPR.
   • For purposes stemming from the legitimate interest of the Administrator, which includes establishing and pursuing claims as well as defending against claims, with processing based on Article 6(1)(f) of the GDPR.
   • For purposes arising from the legitimate interest of the Administrator, which involves conducting direct marketing of the Administrator's own services, with processing based on Article 6(1)(f) of the GDPR.
5. The personal data of the Customer may be shared with external entities collaborating with the Administrator or providing services to it (such as legal and IT services) and with public administration bodies in accordance with applicable law.
6. In connection with the processing of the Customer's personal data, the following rights are granted:
   • Access to personal data – as described in Article 15 of the GDPR,
   • Rectification of personal data – as described in Article 16 of the GDPR,
   • Deletion of personal data – as described in Article 17 of the GDPR,
   • Restriction of processing of personal data – as described in Article 18 of the GDPR,
   • Data portability – as described in Article 20 of the GDPR,
   • Objection to the processing of personal data – as described in Article 21 of the GDPR.
7. The personal data of the Customer will be processed for the duration of the Agreement. However, for the purpose of establishing and pursuing potential claims and defending against such claims, personal data may be processed for an additional three years following the termination of the Agreement, in accordance with Article 442¹ § 1 of the Act of April 23, 1964, Civil Code (Journal of Laws 1964, No. 16, item 93, as amended). After this period, data may be retained to fulfill obligations arising from applicable law.
8. The provision of personal data is a prerequisite for concluding the Agreement. If the data is not provided, it will not be possible to enter into and execute the Agreement.
9. The Service Recipient has the right to lodge a complaint with the President of the Personal Data Protection Office. The contact address of the Office is: ul. Stawki 2, 00-193 Warsaw. Additional information regarding the filing of a complaint can be found on the website https://uodo.gov.pl/pl/p/skargi.

§8 Complaint Procedure

1. The Service Recipient is entitled to submit complaints regarding the manner of providing Services by the Service Provider as specified in these Terms. The maximum time frame for reporting a complaint is 30 days from the execution of the Service.
2. Complaints, along with any related claims, should be submitted electronically to the email address info@hopon.com or in writing to the registered address of the Service Provider.
3. A complaint should include at least the following information:
   • Identification of the entity submitting the complaint – the name, surname, or name of the Customer.
   • A brief description of the subject of the complaint along with a specific request related to the complaint.
4. The resolution of the complaint will be communicated to the Customer via electronic means or in writing, depending on the method used to submit the complaint. The review of the complaint and the provision of a response will take place without undue delay, but no later than 30 days from the date of receipt of the complaint. To meet the aforementioned deadline, it is sufficient to send the response to the Customer before the deadline expires.
5. All refunds are made after the positive resolution of the complaint by the Service Provider at the current virtual currency rates.

§9 Final Provisions

1. These Terms and Conditions form an integral part of the Agreement.
2. The Terms and Conditions may be amended. The Customer will be notified of any changes to the Terms and Conditions by the Service Provider through the publication of information regarding the changes in the Service.
3. In matters not governed by these Terms and Conditions, the provisions of Polish law shall apply, particularly the Civil Code, the Consumer Rights Act, and the Act on Providing Services by Electronic Means.
4. Any disputes arising in connection with or related to the execution of the Service shall be resolved by the parties through mutual negotiations or mediation. If an agreement cannot be reached, such disputes shall be submitted to the competent court for the location of the Service Provider, or, if the party to the Agreement is the Consumer, to the court competent for the Consumer.
5. These Terms and Conditions take effect on February 4, 2025.