Last updated on 15 April 2025

1. Introduction
   
   1. These terms and conditions (“Terms and Conditions”) form part of the legal agreement between you and Steven AB, a limited liability company registered in Sweden with company registration number 559026-5673 whose registered office is Sturegatan 4, 3 tr, 114 35 Stockholm, Sweden (“we” or “us”).
   2. The Terms and Conditions set forth pertain to Steven AB, which operates under the trading name Xoala. Any references to Xoala within these Terms and Conditions shall be understood as referring to Steven AB, and vice versa.
   3. Xoala is licensed and registered as an electronic money institution with the Swedish Financial Supervisory Authority (Sw. Finansinspektionen) to issue electronic money and to provide payment services. Steven’s registered institution number with the Swedish Financial Supervisory Authority is 48004.
   4. By registering an Account with Xoala, you agree to comply by the following Terms and Conditions, as amended from time to time. These Terms and Conditions set out important information concerning your rights and obligations in connection with Xoala’s Services, as defined below.
   5. The Terms and Conditions, together with our Privacy Policy, and any other terms and conditions referred to therein, form the legal relationship between you and us (“the Agreement”). You are advised to print or download and keep a copy of these Terms and Conditions for future reference.
2. Definitions
   

   In this agreement, unless otherwise indicated, the following terms have the meanings given below. In the event of discrepancy between a definition in this section and the text of the following sections, the latter definition shall take precedence.

   1. “Account” means a virtual multi-currency non-interest-bearing payment account provided by us to you, and which allows you to:
      1. make outbound transactions;
      2. receive funds under inbound transactions;
      3. see a record of transactions; and
      4. convert the funds between different currencies we make available from time to time;
   2. “Account Balance” means the value of funds currently held in your Account and available for use;
   3. “Agreement” shall have the meaning set out section 1.5;
   4. “Applicable Laws” means the applicable laws and regulations of Sweden and any other relevant jurisdictions;
   5. “Business Day” means 08.00-17.00 within a day when commercial banks are open for general banking business (other than internet banking) in Sweden;
   6. “Customer” or “you” or “your” means a legal person or sole trader, who, as an account holder or payer enters into an Agreement with Xoala for an Account or other service covered by these Terms and Conditions;
   7. “Fees Schedule” is available online at xoala.com/legal/global/fees which set out the fees, charges and other relevant information associated with the Account;
   8. “Force Majeure Event” means such an event as referred to in section 20.4;
   9. “Inbound Transaction” means using the Services to receive funds from a Sender, from another account or another type of account held with a third party, into your Account;
   10. “Introducer” means any third party which introduces you to Xoala to purchase services from us in return for commission;
   11. “Outbound Transaction” means using the Services to transfer funds from your Account to a Recipient, to another personal account or another type of account held with a third party;
   12. “Payment Instruction” means a specific instruction from you using the Platform to make an Outbound Transaction;
   13. “Payment Instrument” means any payment devices accepted on the Platform such as a debit card or Account;
   14. “Platform” shall have the meaning set out in section 7.1.1;
   15. “Recipient” means the person (which could be you or another person) who receives (or intends to receive) the money transfer through the Services;
   16. “Sender” means the person who initiates the transfer of funds to the Account;
   17. “Services” shall have the meaning set out in 3.1;
   18. “Transaction” means both Inbound Transactions and Outbound Transactions;
   19. “Transaction Amount” means, as appropriate:
       1. the amount of funds received from the Sender as part of an Inbound Transaction, or
       2. the amount of funds you specified you want to transfer to a Recipient as part of an Outbound Transaction. In each case, the Transaction Amount excludes any applicable Transaction Fee and is the amount displayed by us on the Platform prior to any foreign exchange conversion;
   20. “Transaction Fee” are available online at xoala.com/legal/global/fees;
   21. “Transaction History” means the record of your Transactions which are accessible through the Platform;
   22. “Terms and Conditions” shall have the meaning set out in section 1.1; and
   23. “User” any authorised user, representatives or ultimate beneficial owners by Customer
   24. “Xoala” means Steven AB, a Swedish fintech company licensed and registered as an electronic money institution with the Swedish Financial Supervisory Authority (Sw. Finansinspektionen) to issue electronic money and to provide card acquiring and related services. Our registered address is Steven AB, Sturegatan 4, 114 35 Stockholm, Sweden. Our company registration number is 559026-5673, and our registered institution number with the Swedish Financial Supervisory Authority is 48004; and
   25. “Xoala Card” shall have the meaning of a Mastercard issued by Xoala for Customers in accordance with Xoala’s Card Terms and Conditions.
   26. “Xoala Group” means in relation to Xoala, that company, any subsidiary or any holding company from time to time of that company, and any subsidiary from time to time of a holding company of that company;
3. Scope and Effect
   
   1. These Terms and Conditions apply, unless otherwise agreed in writing, to Xoala’s:
      1. Accounts;
      2. Corporate payment services; and
      3. Internet and phone services, or any other customer service which can be performed in relation to the services in i.-ii (“the Services”).
   2. Through the Services you will be able to:
      1. Make Outbound Transactions;
      2. Make Inbound Transactions;
      3. Make Foreign Currency Transactions;
      4. Manage your Account Balance;
      5. Order a Xoala Card;
      6. Make purchases and withdraw cash with your Xoala Card; and
      7. Communicate with Xoala regarding the Services.
   3. If a term of the Terms and Conditions deviates from a provision of the Payment Services Act (2010:751) (Sw.Lag (2010:751) om betaltjänster or any statute, official regulation or EU legal act, the term applies to the extent that the provision allows the Parties to agree that the provision shall not apply.
   4. Xoala will not pay interest to you and your Account is not covered by any deposit guarantee according to Applicable Laws.
   5. These Terms and Conditions are effective upon you accepting these Terms and Conditions while signing up and completing the onboarding as described in section 4.2.
4. Opening your Account
   
   1. These Terms and Conditions regulate how you and your Users may use the Account. You acknowledge that you have full responsibility for the acts and omissions of your Users managing the Account.
   2. To open an Account with us and use the Service, you need to apply for an account at xoala.com/get-started. As part of the signup process you will need to accept these Terms and Conditions and our Privacy Policy.
   3. As part of the onboarding process, we will ask you to provide information regarding the company and your Users, including, but not limited to:
      1. your corporate status and company structure;
      2. the identity of your representative and evidence of such representative’s right to represent and bind you to the Agreement;
      3. Financial statements;
      4. your directors, signatories, ultimate beneficial owners and authorised users; and
      5. your purpose for using the Account.
   4. We reserve us the right to refuse to open an Account if you do not fulfil the obligations provided in section 5 or we have reason to believe that you are involved in activities which are in breach of what is stated in these Terms and Conditions. If and when we communicate such a decision to you, the Agreement is deemed terminated with immediate effect.
5. Obligations of the Customer
   
   1. Customer warrants that it is represented by Users who are at least eighteen (18) years of age.
   2. You may only act behalf of yourself. Customer is not allowed to register or use a Xoala Account on behalf on anyone else.
   3. Customer must notify Xoala if any information regarding you or the Account should change.
   4. Customer may only open one Account.
   5. Customer may only open an Account if it is legal to do so in your country of residence. By opening an Account you represent and warrant to us that it does not violate any laws or regulations applicable to you.
   6. All information Customer provide during the signup process, or any time thereafter must be accurate and truthful.
   7. Customer is allowed to use the Account for corporate purposes only.
   8. Customer’s business must engage in legal activities only.
   9. Customer’s business and operations cannot be located in or in any way pertain to any of the countries mentioned on our prohibited countries list available at xoala.com/legal/global/countries/
   10. Customer and its Users must not be listed on any sanctions list, such as sanctions lists of the EU, the UN or OFAC.
   11. Customer’s business and operations cannot be involved in any of the following industries mentioned in our prohibited industries list available at xoala.com/legal/global/industries/
   12. Customer represents, warrants and undertakes to ensure that any and all information provided hereunder by the Customer to Xoala is accurate and complete and that it shall comply with all applicable laws, regulations, and with the Terms of this Agreement and any alteration or amendment thereto.
6. Collection of Information
   
   1. Financial institutions are required to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. We may therefore ask you to supply us with personal identifying information relating to you, and we may also legally consult other sources to obtain information about you.
   2. We will verify Customer’s corporate address and the personal data of your directors, your authorised persons, as well as any partner, or persons with significant control over your business, or beneficial owners in order to confirm your identity. We may also pass the aforementioned personal data to a credit reference agency, which may keep a record of that information. This is done only to confirm your identity, we do not perform credit checks and therefore your credit rating will be unaffected. We may also need to verify the identity of a recipient in the same way. All information provided by Customer is treated securely and strictly in accordance with all Applicable Laws. We may gain information directly, for example by asking you for additional information, or asking you to take steps to confirm ownership of your accounts or email address; or indirectly, for example by verifying your information against third party databases or through other sources.
   3. The Customer consents that any Introducer may be granted authorization to access and monitor technical data associated with you, including data related to both Inbound and Outbound Transactions. The Introducer’s monitoring of technical data is limited for the purpose of verifying any commission paid by Xoala for such introduction.
   4. If a Customer does not provide the documents Xoala has requested in order to carry out our verification and checks, Xoala has the right to suspend your Account registration process.
7. Using your Account
   
   1. Operating your Account
      1. Customer can access, check the available balance and operate the Account via our website, or via the Xoala mobile application, or the Xoala API (“the Platform”).To access the Account, you need an internet connection (we recommend it to be a secure network) and a computer, a smartphone or a tablet with a web browser (we recommend it to be secure and up-to date). To use the mobile app, you need to download and install it on your smartphone or tablet and accept the app user agreement.
      2. Customer must ensure that the information recorded on your Account is always accurate and up to date and we shall not be liable for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence.
      3. We may contact you by phone or via email with information or notices regarding your Account. It is your responsibility to regularly check the proper functioning of your email account or other methods of communication that you have registered to retrieve and read messages promptly. We shall not be liable for any loss arising out of your failure to do so.
   2. Managing your balance
      1. It is your responsibility to ensure that you manage the Account Balance on your Xoala Account within the limits set for your Account.
      2. It is your responsibility to ensure there are sufficient funds in your Account to cover any payments that you make.
      3. Your Account is designed so that it cannot be overdrawn.
8. Transactions
   
   1. Outbound Transactions
      1. Our Services allow a Customer and its Users to make Outbound Transactions to any of the countries in which we operate.
      2. To create an Outbound Transaction you need to provide the following information (Outbound Transactions using international or local payment networks may require additional information):
         1. full name of the recipient;
         2. recipient’s account details:
         3. bank identifier code (“SWIFT” or “BIC”)
         4. amount;
         5. currency; and
         6. payment purpose.
      3. It is solely your responsibility to make sure all the Payment Instruction details are accurate before submission of the Payment Instruction.
      4. Xoala will consider that you, by submitting the Outbound Transaction using the Platform, have given us your consent and authorised us to execute the Outbound Transaction in accordance with the Payment Instruction you have created.
      5. You are aware of and accept that an Outbound Transaction can be cancelled or reversed once we have received a Payment Instruction, unless it is approved for a future date.
      6. Before you can submit a Payment Instruction, we will confirm and communicate the amount of any associated fees or foreign exchange conversion rates that we will charge for the Outbound Transaction, in accordance with section 9 below.
      7. If a Payment Instruction is submitted on a Business Day before 4pm CET we will process the Payment Instruction on that day. If the request is made on a non-Business Day or after 4 pm CET, we will process the Payment Instruction on the next Business Day.
      8. If we have agreed to make the Outbound Transaction on a future date, we will:
         1. Process the Payment Instruction on that future date if it is a Business Day; or
         2. The next Business Day after the future date agreed with us.
   2. Inbound Transactions
      1. Xoala will make the Transaction Amounts received through an Inbound Transactions available to you directly after we receive the Transaction Amounts from the Sender’s payment service provider.
      2. It is your responsibility to ensure that the Sender provides the correct details to make the Inbound Transaction possible.
      3. If a Sender’s bank makes a recall request concerning a Transaction, Xoala has the authorization to revoke the Transaction when such funds have not yet been credited to your Account.
      4. Funds moved between your own different Accounts are credited and will be available immediately.
   3. Card Transactions
      1. You shall make Transactions with your Xoala Card in line with our Card Terms and Conditions .
      2. In respect of Xoala Cards, information about frequency, limits, charges and fees, see the Fees Schedule.
   4. Foreign Currency Transactions
      1. Your Account is denominated in a currency of your choice, as selected by you.
      2. The Account can be used for making Transactions which are not in the currency of your choice.
      3. If you make a Transaction in a currency other than the currency of your choice, we will change the amount into the currency at the wholesale market rate or any rate that a government and / or applicable regulatory authority may set from time to time. We charge a Fee for such a transaction, detailed in the Fees Schedule at xoala.com/legal/global/fees.
   5. Rejection of Transactions
      1. We may, in our sole discretion, withhold and/or reject a Transaction if we believe or has reason to believe:
         1. there are insufficient funds in your Account to cover the Transaction Amount (either before or after the foreign currency exchange) and the Transaction Fee; if the funds in your Account are insufficient in one currency, but there are sufficient funds in another currency, the Transaction will not be executed until you convert the necessary funds to the currency of the Transaction (except for cases where you have ordered an automatic currency exchange feature);
         2. we are unable to obtain satisfactory evidence of your identity;
         3. you provide us with false, incorrect or incomplete information;
         4. we are unable to reach you via contact details provided by you;
         5. your Payment Instruction, information or documentation is not provided sufficiently in advance to allow us to process it in accordance with your request;
         6. we have reason to believe that processing this Payment Instruction would violate anti-money laundering or counter-terrorism financing laws, rules or regulations;
         7. we reasonably believe there may be fraudulent activity or other financial crime affecting you, any Sender or Recipient, any funds on your Account, or any payment;
         8. you, or the Payment Instructions, are in breach of any Applicable Laws;
         9. processing the Transaction in accordance with your Payment Instruction may expose us to liability;
         10. we are unable to process the Transaction due to variations in business hours, currency exchange or currency availability issues or due to any Force Majeure Event;
         11. we are obliged to do so by any Applicable Laws, court order or instruction from an ombudsman, regulator or governmental body; or
         12. there is a dispute (which we reasonably believe is genuine) about who owns, or is entitled to, any funds on your Account. This includes (but is not limited to) a situation where a Sender makes a request for a refund of funds the Sender has sent to us for your Account, or we are made aware that the Sender has made a claim against you for return of those funds;
         13. you are in material breach of this Agreement;
         14. you attempt to make an Outbound Transaction to an account that cannot accept payments through the payment system we normally use; in this case, we will tell you if there is any other way to make the Outbound Transaction but there may be a further charge for other methods; or
         15. you operate your Account while being physically located in certain countries in which we cannot operate, we may not be able to offer you other products, or may decline Transactions, or may later withdraw your Account.
   6. We reserve us the right to withhold a Transaction for up to 48 hours before contacting you with further information. After 48 hours from withholding and/or rejecting the Transaction to your Account we will inform you regarding the reason hereof, unless it is unlawful to do so. Xoala shall not be held responsible for any loss that may result from this withholding and/or rejecting an erroneous or unauthorized Transactions
      1. If you experience any errors or incorrect Transactions you shall contact Xoala as soon as possible, and within ten (10) Business Days. Xoala will provide assistance in resolving any issues concerning erroneous Transactions, if the issue falls within Xoala’s control, e.g. refund overpayments or reverse Transactions. Such assistance may be accompanied by additional fees, communicated by Xoala beforehand.
      2. Xoala will, if possible, refund or reverse a Transaction within thirty (30) Business Days from such a request, but may, due to the complexity of the issue, take further time to refund or reverse the Transaction after providing notice hereof.
      3. Customer must contact Xoala through the Platform and/or customer support as soon as you become aware or suspect that someone has unauthorisedly used the Account, and in no event later than three (3) months following an unauthorised Transaction.
      4. Upon your notification Xoala will investigate any unauthorised Transaction. We will refund the funds to your Account, unless the unauthorised Transaction has taken place due to your and/or your Users:
         1. unauthorised or improper use of, or failure to protect user identities, passwords, PINs, Payment Instruments and other personal authorization features.
         2. fraudulent actions; including, but not limited to, providing false, misleading or incomplete information, or engaging in any form of deliberate dishonesty
         3. have breached the Agreement intentionally or acted with gross negligence
         4. failure to provide accurate account details for the Transaction
   7. We will also not refund you if:
      1. We can prove that the Recipients financial institution received the payment;
      2. You inform us of the unauthorised Transaction 13 months after the Transaction date;
      3. the Payment has been made to another account that you control;
      4. the Transaction has been made via card, cash or cheques.
9. Fees and Charges
   
   1. Fees related to an Account, Service or Payment Instrument are charged on the conditions applied by Xoala from time to time.
   2. You acknowledge and agree that all Services provided by Xoala are subject to fees as outlined in the applicable Fees Schedule available on the Platform at xoala.com/legal/global/fees. Information about changes to the Fees Schedule, which forms part of the terms of this Agreement, is provided on Xoala’s Platform and/or in Account statements and/or in any other way communicated by Xoala.
   3. Xoala is entitled to collect fees by debiting the Account, or any other another account or Payment Instrument Customer has with Xoala.
   4. Xoala’s determination of the Fees Schedule shall be binding.
   5. Fees are debited when the order is executed or on another due date specified in advance. The due date specified by Xoala shall apply even if it falls on a day that is not a Business Day. The Customer shall ensure that sufficient funds are available in the Account on the due date.
   6. In the absence of an applicable Fees Schedule, Xoala reserves the right to apply a default Fees Schedule, which shall be determined solely at the discretion of Xoala, taking into consideration factors including, but not limited to, the nature of the Services rendered and the Customer’s risk assessment, amongst other factors. Such fees may be applied retroactively to any Services rendered where the Client has not agreed to the applicable Fees Schedule, and the Client shall be liable for the difference between any fees already paid and the fees due under the default Fee Schedule.
   7. Xoala reserves the right to engage the services of a third-party debt collection agency to assist in the collection of any negative balance(s) on your Account and we may take legal action to recover any outstanding amounts. This may impact your credit rating.
   8. Xoala is not responsible for any charges applied by the Recipient’s payment service provider or any intermediary payment service providers resulting from the transfer of funds into the Recipient’s account. You should contact the Recipient’s payment service provider directly for details about any charges that may be applicable to the transaction.
   9. You further acknowledge that it is your responsibility to ensure acknowledgment and agreement to the applicable Fees Schedule prior to entry into this Agreement and commencement of the Services under these Terms and Conditions.
   10. Xoala will have no responsibility for any fees or charges you may incur by the use of a particular Payment Instrument on the Platform.
   11. Xoala will not be responsible for any third-party fees and charges incurred by us due to the use of the Account.
10. Complaints
    
    1. 10.1 Any complaints about us or the Services we provide should be addressed to us in the first instance by contacting our customer service at clientservices@xoala.com. You should clearly indicate that you wish to make a complaint to us. This helps us to distinguish a complaint from a mere query. We will send you a complaint acknowledgement via e-mail within 48 hours of receiving your complaint in accordance with our complaints procedure.
    2. We aim to provide the highest level of customer service possible. If you do experience a problem, we will always seek to resolve this as quickly and efficiently as possible. However, if you are unhappy and would like to make a complaint, please refer to our Complaints Policy for details of our internal process for dealing with complaints promptly and fairly. Our Complaints Policy is available on our Website at xoala.com/legal/global/complaints-policy or by contacting our customer service team at clientservices@xoala.com.
    3. We endeavour to provide you with an answer or resolution to your complaint within the timeframes as outlined by the Ombudsman Service. Should this not be possible due to unforeseen circumstances or lack of information, we will contact you.
11. Account Safety
    
    1. Safety of your Account
       1. As an electronic money institution, Xoala is obliged to protect the funds received in exchange for issued electronic money in accordance with Applicable Laws. Such funds will be kept separate from the Xoala’s own assets and funds held on behalf of a person other than the holder of the electronic money.
       2. Funds referred to in 11.1.1 that are still held by Xoala at the end of the Business Day following the day on which the funds were received are separated to a dedicated account with a partner bank.
       3. Xoala will not pay any interest to you and your Account is not covered by any deposit guarantee in accordance with Applicable Laws.
    2. Your Responsibility
       1. You must take all reasonable steps to keep your Account safe at all times and never disclose passwords or passcodes to anyone. Our personnel will never ask you to provide your password or passcode to us or to a third party. It is advisable to change your password and/or passcode regularly (every six (6) months) in order to reduce the risk of a security breach. You must never allow anyone to access your Account or watch you accessing your account.
       2. If you have any indication or suspicion of your Account, login details, password or other security feature being lost, stolen, used without authorization or otherwise compromised, you are advised to change them. You must contact customer service without undue delay on becoming aware of any loss, theft or unauthorized use of your Account, login details, password or other security features.
       3. We may suspend your Account or otherwise restrict its functionality on reasonable grounds relating to the security of the account or any of its security features or if we reasonably suspect that an unauthorized or fraudulent use of your Account has occurred or that any of its security features have been compromised. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you would be unlawful or compromise our reasonable security interests. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
       4. You must take all reasonable care to ensure that your e-mail account(s) are secure and only accessed by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your account.
       5. In case any of the e-mail addresses registered with your Accounts are compromised, you should without undue delay after becoming aware of this contact customer service and contact your e-mail service provider. Irrespective of whether you are using a shared or your own device to access your Account, you must always ensure that your login details are not stored by the browser or cached or otherwise recorded.
       6. Additional products or services you use may have additional security requirements and you must familiarize yourself with those as notified to you.
       7. Xoala shall not be liable for any loss and / or damage that may arise from the unauthorised or improper use of user identities, passwords, PINs, Payment Instruments and other personal authorization features.
12. Liability
    
    1. Even if Xoala will do its best to perform refunds or reverse Transactions, Xoala applies the opt-outs set out in chapter 5, section 28-30, chapter 5 section 47, chapter 5, section 48, paragraph 1-3, chapter 5, section 49-53, and chapter 5, section 54, paragraph 1 of the Swedish Act on Payment Services (Sw. lag (2010:751) om betaltjänster). This means that, regardless of what is set out in these Terms and Conditions concerning Transactions, Xoala has no responsibility and are not liable for, including but not limited to:
       1. any incorrectly executed Transaction;
       2. to refund your Account in respect of any incorrectly Transactions or in respect of any Transactions not executed at all;
       3. for tracking Transactions that are executed incorrectly or not executed at all; and
       4. for fees or costs (including interest) occurring due to any Transactions being executed incorrectly or not being executed at all.
    2. Xoala shall not be liable for any disruption or impairment of our Service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, if such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected.
    3. Xoala shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.
    4. Nothing in these Terms shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.
13. Indemnification
    
    1. Customer agrees to indemnify, defend, reimburse or compensate Xoala and hold Xoala and Xoala Group harmless from any claim, demand, expenses or costs (including legal fees, fines or penalties) that we incur or suffer due to, or arising out of your, or Customer and User’s breach of these Terms and Conditions and/or any Applicable Law or regulation. This provision shall survive termination of the relationship between you and us.
14. Data
    
    1. The processing of your data is governed by our Privacy Policy. By accepting these Terms and Conditions, you also agree to the terms of our Privacy Policy for the purpose of performance of the Service. You should print and keep a copy of the Privacy Policy together with these Terms and Conditions. Our Privacy Policy is available at xoala.com/legal/global/privacy.
    2. In accordance with our Privacy Policy, Xoala may share your personal data within the Xoala Group in order to provide you with the best service.
    3. Customer acknowledges that Xoala will access, process and retain Users personal data for the purposes of providing the payment services described in these Terms and Conditions.
    4. In order to provide the Services to you, Xoala works with suppliers and correspondent banking service providers. We normally share your personal data with:
       1. Suppliers who provide us with IT, payment and card delivery services. For a complete list of our suppliers, please contact our customer service; and
       2. Our banking and financial services partners, including banking and lending partners, banking intermediaries and international payment service providers.
    5. As a default, we will send you communications via email that will inform you about new product features, events, promotions, special deals etc. By accepting these Terms and Conditions, you agree to receive such direct marketing notifications on a regular basis. If you do not wish to receive any notification from us, you can opt out at any time by contacting our customer service.
15. Termination
    
    1. Customer may terminate the agreement and close the Account at any time, with the exception of there is an ongoing investigation concerning the Account and if we consider that termination may obstruct the investigation. Under such circumstances Xoala may freeze the Account in accordance with subsections 15.3–15.4 for the time necessary to complete such an investigation.
    2. We may at any time terminate the Agreement and your Account and any payment service associated with it by giving you two (2) months’ prior notice.
    3. We may at any time suspend or terminate your Account and the Agreement without notice in case:
       1. you breach any condition of these Terms and Conditions or any other conditions applicable to specific services covered by separate terms and conditions;
       2. you violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our services;
       3. we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism, financing of terrorism or other criminal activity;.
       4. we are required to do so under any law, regulation, court order or request from a competent authority.
       5. there are reasonable grounds to believe that the Customer will not fulfil its payment obligations towards Xoala;
       6. you are declared bankrupt or insolvent, are being wound up, or a similar event is taking place; or
       7. we have reason to believe that you are involved in an activity which may cause Xoala other harm or damage.
    4. We may suspend your Account at any time if:
       1. we reasonably believe that your Account has been compromised or for other security reasons; or
       2. we reasonably suspect your Account to have been used or is being used without your authorization or fraudulently; and we shall notify you either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless we are prohibited by law to notify you.
    5. Customer may contact Xoala within one (1) calendar year from the closure of the Account and request a transfer of unclaimed funds, subject to a deduction for all associated fees. If Customer does not claim such funds within one (1) calendar year from closure of the Account, Xoala may deposit such funds on Customer’s behalf and expense at the County Administration in Stockholm, Sweden (Sw. Länsstyrelsen Stockholm). Once any unclaimed funds are deposited at the County Administration in Stockholm, the responsibility of Xoala in respect of such funds shall cease and fees and taxes will apply according to the regulations of the County Administration.
16. VAT and Taxes
    
    1. Customer agrees that any tax obligations in your country or any other country is your responsibility. Xoala is not responsible or liable for the payment or administration of any taxes applicable to Customer.
    2. Should the Services become subject to VAT or similar taxes, Customer will be liable for such payments.
17. Changes to these Terms and Account
    
    1. These Terms and Conditions and any additional terms and conditions that may apply are subject to change. Changes will be implemented with prior notice from us under the procedure set forth in this section.
    2. We shall give notice to you of any proposed change by contacting you via phone or email.
    3. The proposed change shall come into effect two (2) months after the date of the change notice, unless you have given us notice that you object to the proposed changes before the changes come into effect. Changes that make these Terms and Conditions more favourable to you shall come into effect immediately if so stated in the change notice. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change.
    4. If you object to the changes, they will not apply to you, however, any such objection shall constitute a notice by you to terminate and close your account.
    5. In rare circumstances Xoala may also, due to operational reasons, need to make changes to your Account details, e.g. your account numbers. We will notify you in advance, to allow you to notify your suppliers or customers of such change.
    6. Following a change of Account details, you need to refrain from using the old Account details, as transactions may not reach the Account otherwise. Xoala will not be held responsibility for any losses incurred as a result of using the old Account details after Customer has been notified.
18. How we Communicate
    
    1. We usually communicate to you via email. You are required to check for emails from us regularly and frequently. Any communication or notice sent will be deemed received by you on the same day.
    2. Where legislation requires us to provide information to you on a durable medium, we will either send you an e-mail (with or without attachment) or send you a notification pointing you to information on our website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. You are required to keep copies of all communications we send or make available to you.
    3. You can request a copy of the current Terms and Conditions or any other contractual document relevant to you by contacting customer service.
    4. We will communicate to you in English and will always accept communications made to us in English. Documents or communications in any other languages are for convenience only and shall not constitute an obligation on us to conduct any further communication in that language.
    5. We may contact you via email, letter or telephone, where appropriate. If you use any mobile services, we may communicate with you via SMS. Any communication or notice sent by post will be deemed received three days from the date of posting for Swedish post or within five days of posting for international post. Any communication or notice sent by SMS will be deemed received the same day.
    6. Unless otherwise stated in these Term and Conditions, information that the customer received electronically through certain services, such as e-mail or SMS, does not normally replace Account statements and/or similar statements. The provision of such information does not entail any change in Xoala’s normal accounting and settlement procedures, details of the scope and content of the account information provided by Xoala from time to time via Xoala’s Platform.
    7. You may contact us at any time by sending an email to customer service at clientservices@xoala.com. Our customer service is generally available between 9:00 am and 5:30 pm BST/GMT on weekdays.
19. Intellectual Property
    
    1. Ownership of any and all current and future copyrights, trademarks, trade names, service marks, domains, logos, slogans, trade secrets, utility models, design rights, know-how and applications, contract rights, source code and other proprietary rights, and any registrations, patents, and renewals of the same (“Intellectual Property”) vest exclusively with Xoala.
    2. Nothing in these Terms and Conditions or otherwise between the Parties shall be construed as transferring or assigning the title or ownership of any Intellectual Property from Xoala to the Customer.
    3. You may use the Platform only for the purpose of the bona fide use of our Services as a corporate customer and only permitted by this Agreement. You may not duplicate, publish, modify, create derivate works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Platform for any public or commercial use without our express permission. You may not: (a) use any robot, spider, scraper or other automated device to access the Platform or to use the Services and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Platform.
20. Miscellaneous
    
    1. No person or entity other than Customer shall have any rights under these Terms and Conditions.
    2. The Account is personal to you and Customer may not assign any rights under the Terms and Conditions to any third party.
    3. If any part of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms and Conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
    4. We will not be liable for any breach or delay in the performance of our obligations under this Agreement if such breach or delay is caused, directly or indirectly, by fire, flood, earthquake, elements of nature, wars (incl. cyberwar), civil or military disturbances, acts of terrorism, sabotage, strikes, riots, epidemic, pandemic or acts of God or any cause beyond the reasonable control of Xoala (“Force Majeure Event”). Should a Force Majeure Event occur we will provide you with notice thereof and we will be excused from performance of the obligations being affected for as long as such force majeure event prevails.
    5. You are liable until the account is terminated and any sums due under the Agreement have been paid by you in full. We may assign our rights or obligations under the Agreement to a Xoala Group company or to any third party without your prior consent
    6. We have the right to exercise any right or remedy we have under the Agreement at any time, even if such exercise is delayed, or we have previously failed to exercise any right or remedy we are entitled to.
21. Law and Disputes
    
    1. The Agreement shall be construed in accordance with, and governed by, the laws of Sweden, excluding its conflict of law principles providing for the application of the laws of any other jurisdiction.
    2. Any dispute, controversy or claim arising out of or in connection with the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The rules for expedited arbitrations shall apply, unless the SCC in its discretion determines, taking into Account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Stockholm, Sweden and the language to be used in the arbitral proceedings shall be English.
    3. This Section 21 is for the benefit of Xoala only. As a result, Xoala shall not be prevented from taking proceedings in any other courts with jurisdiction.

Crypto Terms & Conditions

1. Definitions
   

   “Applicable Law” means any law, statute, regulation, rule, ordinance, subordinate legislation, and any implementing regulations applicable to the relevant obligation, activity, or status of the relevant party or to the provision of the Services in the relevant region that is made or given by a regulatory authority of any national, federal, commonwealth, state, provincial, or local jurisdiction.

   “Cryptoasset” means a cryptoasset (also called a “cryptocurrency,” “virtual currency,” “digital currency,” or “virtual commodity”), such as bitcoin or ether, which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network.

   “E-Money Account” means a virtual multi-currency non-interest-bearing payment account provided by Steven AB. The terms for E-Money Account are available at https://xoala.com/corporate-terms.html).

   “Fiat” when used in reference to money or currency, means the coin and paper money of a country that is designated as legal tender, circulates, and is customarily used and accepted as a medium of exchange in the country of issuance.

   “Platform” means the Xoala website under the web address: https://xoala.com, operated by Steven AB, that allows for the use of Services as described below.

   “Services” means using the Xoala platform to buy, sell or hold Cryptoassets, or send or receive Cryptoassets to or from other Xoala Accounts, and any other services enumerated in Section 6, which are offered by Xoala. The Platform also offers other services, including provision of an E-Money Account and payment services, which are offered by Steven AB. The terms for E-Money Account are available at https://xoala.com/corporate-terms.html).

   “Supported Cryptoasset” has the meaning given to it in Section 7.

   “Transaction” means a requested Cryptoasset transaction by you for the purchase or sale of a supported Cryptoasset through our On-Ramp and Off-Ramp Service.

   “Xoala Account” means the Cryptoasset account you open with us through the Platform which is to be operated and used by you in accordance with this Agreement.

2. Your Xoala Account
   

   Your Xoala Account is a Cryptoasset account that enables you to buy, sell, hold, manage and transfer your balances of Cryptoassets by giving instructions through the Platform (each transaction is a “Cryptoasset Transaction”) in accordance with this Agreement. 

   You may have one or more sub-accounts each corresponding to a different Cryptoasset that Xoala makes available from time to time.

   You are also able to open an electronic money account with us. Electronic money accounts are provided by a third party - Steven AB - and are subject to separate terms and conditions found at xoala.com/corporate-terms.html. Access to electronic money services is not automatic and is dependent on your country of location.

3. Registering Your Xoala Account
   
   1. To open an account with us and use the Services, you need to apply for an account at xoala.com/get-started. As part of the signup process you will need to accept these terms and conditions and our Privacy Policy.
   2. You must comply with anti-money laundering obligations in order to open a Xoala Account. This will require you, as part of the registration process, to provide personal details and supporting documents (including your full name, residential address and postcode, mobile number, email address, date of birth, and certain forms of identification), and other evidence and documentation we may ask you to provide, so that we may verify your identity.
   3. We reserve the right to require you to provide us with additional information in order to verify your identity and/or require you to undergo a background check prior to being authorised to use our services, or at any point thereafter, in accordance with Applicable Law. You acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness including, without limitation, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information against third party databases or through other sources. These inquiries and verification may involve the sharing of certain aspects of your information with third parties for the limited purpose of completing these inquiries and verification.
   4. All information you provide during the Xoala Account registration process or at any time after must be true, accurate and up to date. Once we have received and approved your application, we will send a confirmation to your email address. 
   5. As part of the registration process, you will need to accept this Agreement. Where you use additional services provided by us or third parties, you may be asked to accept additional terms and conditions.
   6. You must be eighteen (18) years or older to open a Xoala Account and use our Services. By opening a Xoala Account you declare that you are eighteen (18) years or older. We may require at any time that you provide evidence of your age.
   7. You must not be located in, nor be a citizen, resident or tax resident of or otherwise be a tax liable person of any sanction lists or the prohibited countries list of Xoala (https://xoala.com/prohibited-countries.html) and also not be a Politically Exposed Person (PEP). Sanction lists include both lists of sanctioned states (country lists) and lists of sanctioned persons (name lists).
   8. You may only create, have, administer and/or control one Xoala Account. If you require an additional account, you must first obtain our written consent to do so. You may request an additional Xoala Accounts through our support contact form. We are under no obligation to approve the opening by you of any additional Xoala Accounts. 
   9. If we find that you have opened, operated and/or are operating an additional Xoala Accounts, or more than one Xoala Accounts at any one time without our consent we reserve all rights, including but not limited to, terminating your Xoala Account(s), suspending your use of the Platform and taking whatever other means we deem necessary to protect our users, us and the Platform.
4. Account Access
   
   1. You can access, check the available balance and operate your Xoala Account via our website, or via the Xoala mobile application, or the Xoala API (the “Platform”).To access the Xoala Account, you need an internet connection (we recommend it to be a secure network) and a computer, a smartphone or a tablet with a web browser (we recommend it to be secure and up-to date). To use the mobile app, you need to download and install it on your smartphone or tablet and accept the app user agreement.
   2. You agree that you will not grant any person access to your Xoala Account. You are only permitted to access your Xoala Account using your login credentials and other required forms of authentication. 
   3. You agree to keep your login credentials and any other required forms of authentication, including your API keys, confidential and separate from each other, as well as separate from any other information or documents relating to your Xoala Account.
   4. You agree and understand that you are solely responsible (and you will not hold us responsible) for managing, monitoring, and maintaining the security of your login credentials and any other required forms of authentication, including your API keys. You further agree and understand that we are not responsible (and you will not hold us responsible) for any unauthorised access to or use of your Xoala Account.
   5. You should never allow remote access or share your computer and/or computer screen with someone else when you are logged on to your Xoala Account. Xoala will never under any circumstances ask you for your IDs, passwords, or authentication codes or to screen share or otherwise seek to access your computer or account. You should not provide your details to any third party for the purposes of remotely accessing your account unless specifically authorised. Always log into your Xoala Account through the Platform to review any Transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
   6. If you suspect that your Xoala Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or Xoala, you must notify support as soon as possible at clientservices@xoala.com.
5. Authorised Users
   
   1. If you are setting up a Xoala Account on behalf of a legal entity, the Xoala Account will be operated by your authorised users i.e., employees and/or persons authorised to access and use the Xoala Account and Platform (each an “Authorised Person”).
   2. All Authorised Persons must take all reasonable steps to keep login credentials secure and must notify us without undue delay on becoming aware of the loss, theft, misappropriation, or unauthorised use of login credentials.
   3. We will be entitled to rely on any instruction, notice, or communication, whether oral or in writing, that we believe to be from an Authorised Person and you will be bound thereby. We are under no further duty of inquiry or verification regarding the identity or capacity of any Authorised Person and any such person will be viewed as having the authority to do so from you.
   4. You will not permit any person or entity other than an Authorised Person to access your Xoala Account and/or the Platform. You acknowledge that Xoala will not be liable for any losses whatsoever arising as a result of any unauthorised Cryptoasset Transactions submitted on your behalf.
6. Cryptoasset Services
   
   1. We provide you with the ability to:
      1. On-Ramp: buy Cryptoassets using Fiat currency.
      2. Off-Ramp: Sell your Cryptoassets for Fiat currency.
   2. You can buy and/or sell Cryptoassets on the Platform using your E-Money Account. Using this option requires you to set up an E-Money Account first, which is subject to separate terms and conditions and is operated by a third party.
   3. We also facilitate and enable the transfer of Cryptoassets between users of the Platform.
   4. You may purchase Supported Cryptoassets by linking a valid payment method to your Xoala Account. You authorise us to debit funds using your selected payment method(s) to complete your purchase.
   5. Although we will attempt to deliver Cryptoassets to your Xoala Account as promptly as possible, funds may be debited from your selected payment method before the status of your Cryptoasset Transaction is shown as complete, and the Cryptoasset is delivered to your Xoala Account.
   6. If you’re using the E-Money Account service - while selling Cryptoassets in exchange for Fiat currency, you authorise us to debit your E-Money Account and to send instructions to credit your selected payment method(s) in settlement of Cryptoasset Transactions. We will send these instructions as soon as reasonably possible.
   7. Any Fiat currency should be credited to your selected payment method(s) as soon as reasonably practicable after we send such instructions. The availability of a method of payment depends on a number of factors including, for example, where you are located, the identification information you have provided to us, and limitations imposed by third-party payment processors.
   8. We will make reasonable efforts to fulfil all purchases of Cryptoassets but in some circumstances, we may be unable to or there will be a delay. This is because we rely on third parties such as exchanges whose availability is outside of our control, our security protocols may delay the initiation or crediting of the Cryptoasset Transaction, and/or the Platform may be down. If this is the case, we will notify you and process the Cryptoasset Transaction as soon as the circumstances causing the delay is remedied.
   9. You acknowledge that the buy price of a Cryptoasset may not be the same as the selling price at any given time and that we may include a “spread” in the quoted price. You agree to accept the rate when you authorise a Cryptoasset Transaction. We do not guarantee that you will be able to buy and/or sell your Cryptoassets on the open market at any particular price or time.
   10. You acknowledge that by entering into this Agreement and availing the Services you are authorising Xoala to initiate the Cryptoasset Transaction at the quoted buy or sell price and you agree to any associated fees disclosed to you at this time.
   11. We will process Cryptoasset Transactions in accordance with the instructions we receive from you. You should verify all Transaction information prior to submitting instructions to us. We do not guarantee the identity of any user, receiver, requester, or other third-party and we will have no liability or responsibility for ensuring that the information you provide is accurate and complete.
   12. You cannot cancel, reverse, or change any Transaction marked as complete or pending.
   13. If your payment is not successful or if your payment method has insufficient funds, you authorise us, in our sole discretion, either to cancel the transaction or to debit your other payment methods, including balances on your E-Money Account, in any amount necessary to complete the Transaction. This includes the sums for the Cryptoasset Transaction as well as our fees.
   14. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider. We reserve the right to suspend access to our Services until such insufficient payment is addressed.
   15. We may charge fees to process a Cryptoasset Transaction on your behalf. We will calculate the fees at our discretion, although we will always notify you of these fees at (or before) the time you authorise the Cryptoasset Transaction.
   16. When you or a third party sends a Cryptoasset to a Xoala Account from an external Cryptoasset wallet not hosted on the Platform, the person initiating the transaction is solely responsible for executing the transaction properly, which may include, among other things, payment of fees in order for the transaction to be completed successfully. 
   17. We may refuse to process or cancel any pending Cryptoasset Transaction as required by law, regulation, or any court or other authority to which Xoala is subject in any jurisdiction, for instance, if there is suspicion of money laundering, terrorist financing, fraud, or any other financial crime.
   18. The use of our Services may be subject to limits on the volume, stated in GBP, EUR, or other Fiat currency or Cryptoasset that you may transact or transfer in a given period. You can view your limits via the Platform. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. We reserve the right to change applicable limits, as we deem necessary.
7. Supported Cryptoassets
   
   1. You agree and understand that we support, at our sole discretion, certain Cryptoassets on the Platform (each a “Supported Cryptoasset”). The list of Supported Cryptoassets is available on our Platform.
   2. Only Cryptoassets listed are available to be deposited directly onto the Platform or directly withdrawn from the Platform to an external blockchain address. Once you have a positive balance in your E-Money Account, you may create sub-accounts for Cryptoassets and perform transactions between Cryptoassets, but to withdraw value or to transfer it off the Platform, you must first convert it to Fiat currency. Note that not all currencies or Cryptoassets listed on the Platform are available for users. Cryptoassets that are not available for users in a relevant region will not appear as available options to buy, sell, send, or exchange from within your Xoala Account.
   3. We may in our sole discretion terminate support for any Cryptoasset. We will endeavour to provide you no less than thirty (30) days’ notice (unless a shorter period is required by Applicable Law or a regulatory authority) via email to the email address associated with your Xoala Account to announce the end of such support.
   4. If you do not sell or send such unsupported Cryptoasset off of the platform during the time of this notice period before a Cryptoasset is no longer supported, we reserve the right to withdraw such Cryptoasset from your account and credit your Xoala Account with the then-current market value of a supported Cryptoasset or a fiat currency
   5. Under no circumstances should you attempt to use your Xoala Account to store, send, request, or receive any Cryptoassets other than Supported Cryptoassets. Xoala assumes no responsibility in connection with any attempt to use your Xoala Account with Cryptoassets we do not support. Unsupported Cryptoassets sent to the Platform may be permanently lost.
   6. You acknowledge and accept the risks of changes to our list of Supported Cryptoassets and agree that Xoala is not liable for any losses or tax consequences you may experience as a result of such changes in the Cryptoassets we support. You acknowledge and accept that Xoala has sole discretion to determine which Cryptoassets it supports including where, in our sole discretion, we decide to withdraw and no longer support a particular Cryptoasset. 
   7. In circumstances where we cease to support a particular Cryptoasset, we will close out your order at the market price immediately prior to us ceasing to support the particular Cryptoasset. 
8. Custody of the Cryptoassets
   
   1. Xoala custodies your Cryptoassets in either your Xoala Account or a segregated custody account controlled and secured by Xoala. Cryptoassets custodied in your Xoala Account are pooled together in one or more of our Cryptoasset wallets. 
   2. You control the Cryptoassets held in your Xoala Account. 
   3. Beneficial ownership to the Cryptoasset will at all times remain with you. Xoala will have no liability for fluctuations in the Fiat currency value of Cryptoassets held in your Xoala Account.
   4. In order to more securely custody assets and ensure liquidity, Xoala may use shared blockchain addresses, controlled by Xoala, to hold Cryptoassets held on behalf of customers and/or held on behalf of Xoala. Xoala will have no obligation to segregate by blockchain address Cryptoassets owned by you from Cryptoassets owned by other customers or by Xoala.
   5. Cryptoassets custodied on your behalf are not treated as general assets of Xoala or any other Xoala company. 
   6. We will not grant a security interest in the Cryptoassets held in your Xoala Account. Except as required by a valid court order, or except as provided herein, Xoala will not sell, transfer, loan, hypothecate, or otherwise alienate Cryptoassets in your Xoala Account unless instructed by you or compelled by a court of competent jurisdiction to do so.
   7. We track the balance and ownership of Cryptoassets of each Xoala Account. Where we provide you with information on the value of the Cryptoassets in your Xoala Account, we will provide this information based on the most recent available data. The data is for informational purposes only and does not necessarily reflect the price you may receive if you sell. You also acknowledge that the quotes, and information provided based on quotes, are obtained from sources that we believe to be reliable, but that we do not guarantee the accuracy and completeness of such quotes or information. You waive any claim that you might have against us or the quote provider related to the quotes or the quote-based information on the Platform.
9. Deposits and Withdrawals
   
   1. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Cryptoassets by sending them to a different blockchain address controlled by you or a third party.
   2. Cryptoasset deposits will typically be credited to your Xoala Account after the required number of network confirmations, as determined by us at our sole discretion, have occurred on the blockchain for such Cryptoassets. You agree and understand that in certain situations, Cryptoasset deposits may be delayed. 
   3. Cryptoassets withdrawals will typically be processed at the speed of a Cryptoasset network. In certain situations, Cryptoasset withdrawals may be delayed.
   4. Withdrawals are subject to minimum balances which will be made available to you.
10. Fees
    
    1. Xoala makes money when you purchase or sell Cryptoassets on the Platform. You will be provided with a tailored fee schedule following your onboarding process.
    2. By using our Services you agree to pay all applicable fees. 
    3. We reserve the right to adjust our pricing and fees and any applicable waivers at any time. We will always notify you of the pricing and fees, which apply to your transaction (either using your Xoala Account or your E-Money Account).
    4. We may charge network fees to process a Cryptoasset Transaction on your behalf. We will calculate the network fee at our discretion, although we will always notify you of the network fee at or before the time you authorise the Transaction. 
    5. You acknowledge that it is your responsibility to ensure acknowledgment and agreement to the applicable fees prior to entry into this Agreement and commencement of the Services under these Terms and Conditions.
    6. Non-payment of fees may cause your transaction to remain in a pending state outside of our control and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such transactions.
11. Risks
    
    56. Please note the following risks in accessing or using Xoala’s Services: 
        1. The risk of loss in trading Cryptoassets may be substantial and losses may occur over a short period of time; 
        2. The price and liquidity of Cryptoassets has been subject to large fluctuations in the past and may be subject to large fluctuations in the future; 
        3. Legislative and regulatory changes or actions may adversely affect the use, transfer, exchange, and value of Cryptoassets; 
        4. Xoala is not regulated as a bank or financial institution; 
        5. Cryptoassets in your account are not subject to deposit insurance protection; 
        6. Cryptoassets are not legal tender and are not backed by the government; 
        7. Transactions in Cryptoassets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable; 
        8. Xoala relies on third parties (e.g., exchanges). There is therefore a risk that one or more of these parties may not perform as required by our agreements and you accept these risks, including the risk that we cannot execute a requested Cryptoasset Transaction; 
        9. The value of Cryptoassets may be derived from the continued willingness of market participants to exchange Fiat currency or Cryptoassets for other Cryptoassets, which may result in the potential for permanent and total loss of value of a particular Cryptoasset should the market for that Cryptoasset disappear;
        10. In order remove certain Cryptoassets from the Platform, you must exchange the Cryptoasset to a medium of exchange supported by Xoala. In doing so, you will be exposed to the risk of that conversion; and 
        11. The nature of Cryptoassets may lead to an increased risk of fraud or cyber-attack and may mean that technological difficulties experienced by Xoala or its affiliates may prevent the access to or use of your Cryptoassets. 
    57. Please be aware that (i) you will have no recourse to any Financial Ombudsman Service in the event of a complaint relating to Cryptoasset services; (ii) Cryptoassets may experience frequent price volatility resulting in a high degree of risk. Nothing in this Agreement will affect your legal rights.
    58. You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that Xoala does not give advice or recommendations regarding Cryptoassets, including the suitability and appropriateness of, and investment strategies for, Cryptoassets. You agree and understand that you access and use Xoala at your own risk; however, this brief statement does not disclose all of the risks associated with Cryptoassets and using the Xoala Platform. 
    59. You should therefore carefully consider whether such use is suitable for you in light of your circumstances and financial resources. You should be aware that you may sustain a total loss of relevant funds, and that under certain market conditions, you may find it difficult or impossible to liquidate a position.
12. Use of the Platform
    
    1. We grant you a limited, free, nonexclusive, non-transferable and non-sub licensable license to access and use the Platform solely for informational, transactional, or other approved purposes and reserve all other rights in the Platform, including without limitation, our websites, APIs, and other content. You agree you have no other rights beyond this limited license. 
    2. You may print off a copy and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.
    3. Subject to the foregoing, you agree you will not copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any content or other part of the Platform for any purpose. You also agree that you will not frame or display any part of the Platform without our prior written permission and that you will not use our trademarks without our permission. You further agree that you will not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
    4. You understand and agree that the Platform is not provided to, and may not be used by, any person in any jurisdiction where the provision or use thereof would violate Applicable Law. If you reside in any jurisdiction where the use of the Platform would violate any of the laws or regulations of the jurisdiction in which you reside, you agree to refrain from using the Platform in any manner that would violate any of the laws and regulations of such jurisdiction.
13. Your Obligations
    
    1. You must comply with all Applicable Law, regulations, licensing requirements, and third-party rights (including, without limitation, data privacy laws and anti-money laundering and counter-terrorist financing in your use of the Services and the Platform).
    2. You represent and warrant to us and agree that the following statements are and will remain true: 
       1. All information you provide to us will be complete and accurate and you commit to keeping all information complete and accurate at all times;
       2. The information about your address and residency is correct and you will notify us if it changes;
       3. You will provide us with your legal identity and any supporting information and documents that we may request, including but not limited to, a copy of your passport;
       4. You will not send, use or upload any scripts, viruses or malicious code. You will not develop extensions, plugins, applications, or any other modifications to the source code of the Platform; 
       5. You will not do anything that could disable, overburden or impair the functionality, rendering, or appearance of the Platform, including through denial of service or other attack; 
       6. You will not access the Platform using automated means of any nature and without our prior consent; and 
       7. You are at least eighteen (18) years old and have the capacity to enter into a legally binding agreement. 
    3. Nothing contained herein should be construed as granting, by implication, estoppel or otherwise, any license or right for Cryptoassets to be used for illegal, unlawful, fraudulent, unethical, or unauthorised purposes or to promote or facilitate any illegal, unlawful, fraudulent, unethical or unauthorised activities. 
    4. Your use of the Services and the Platform is subject to international export controls and economic sanctions requirements. By sending, receiving, buying, selling, trading, or storing Cryptoassets through the Platform, you agree that you will comply with those requirements. You are not permitted to acquire Cryptoassets or use any of the Services if:
       1. you are in, under the control of, or are a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, sanctions imposed by the Polish government, or the European Union, or HM Treasury’s financial sanctions regimes (each a “Sanctioned Country”), or if you are a person subject to economic sanctions as specified on the lists as published from time to time by any relevant authority) (a “Sanctioned Person”); or
       2. you intend to supply any acquired or stored Cryptoassets or electronic money or our Services to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
    5. In the event that we are required to block Cryptoassets associated with your Xoala Account in accordance with a sanctions programme, we may: (i) suspend your Xoala Account, your use of the Services, and/or the Platform; (ii) terminate your Xoala Account; (iii) return Cryptoassets to the destination of their origin or to a destination specified by authorities; and/or (iv) require that you withdraw Cryptoassets from your Xoala Account within a certain period of time. 
    6. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with Applicable Law and regulations, the guidance or direction of any regulatory authority or government agency, or orders from any regulatory authorities, governmental agencies, law enforcement agencies, or courts of competent jurisdiction.
14. Platform Availability
    
    1. Access to the Services and Platform may become degraded or unavailable during times of significant volatility or volume. This could result in limitations on access to your Xoala Account, or the Services, including the inability to initiate or complete transactions and may also lead to support response time delays. 
    2. We do not guarantee that the Platform or other Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open or that your Xoala Account will be accessible and our customer support response times may be delayed, including during times of significant volatility or volume, especially for non-trust and safety issues.
    3. Under no circumstances will Xoala be liable for any alleged damages arising from service interruptions, delays in processing transactions, or lack of timely response from customer support.
    4. Although we intend to provide accurate and timely information on the Platform, the Platform and its content may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by Applicable Law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products, and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Platform are your sole responsibility and we shall have no liability for such decisions.
    5. Links to third-party materials (including without limitation any websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third-party materials accessible or linked to from the Platform.
15. Use of Third Parties
    
    1. We may, from time-to-time, contract with third parties who may provide services to Xoala, including financial products and other services in connection with the Platform. 
    2. We may partner with other third-party service providers to offer users different funding options and financial instruments (“Third-Party Programmes”). By registering for and/or using any Third-Party Programmes, you expressly agree that you have read, understand, and accept all the applicable terms and conditions that may apply. 
    3. To the extent required by Applicable Law, regulation, or any agreement with such providers, we will provide an update a list of relevant financial service partners through the Platform.
    4. You may decide to link to third-party applications or content others make available through the Platform. As such, you expressly authorise us to work with third-party service providers, including SSO services and providers of financial products and services, to deliver certain Platform functionality including, without limitation, enabling the loading, transfer, conversion, and storage of funds. You should carefully consider both the functionality purportedly offered and the developer offering the functionality before authorising the application. Unless otherwise stated, we have no control over applications and assume no responsibility for developers’ actions. 
    5. If you authorise a third-party application to connect to your Xoala Account and take actions on your behalf, you assume all risks associated with those connections and actions and you are ultimately responsible to us for those connections and actions. We require developers to list a support or dispute framework in connection with their application that allows prompt resolution of any issues. If you have a dispute with a developer, you will need to resolve it directly with the developer.
    6. You also agree that you will not hold us responsible for and will indemnify us against any liability arising out of or related to any act or omission of any third-party using your log-in credentials whether a developer or otherwise. You may remove permissions granted to third parties with respect to your Xoala Account at any time through your account settings (authorised applications) page.
    7. A third party not affiliated with us may provide you with access to market data and quotes to be used alongside the Platform. If market data and quotes are provided to you by a third party, your use of the market data and quotes will be governed by the terms and conditions imposed by such third party.
    8. Contracting with other financial service partners or providers may require us to share your personal information in order for them to provide services to Xoala. Please refer to our Privacy Policy for further information regarding such collection, sharing, and use of personal information. 
16. Communicating with You
    
    1. This Agreement is provided to you in English. You agree that we will communicate with you in the English language. At your request, we can provide a Polish translation or summary of this Agreement. You agree that the English version of the Platform, this Agreement, and any other agreements or documentation provided by Xoala will prevail in the event of a conflict between English versions and translated versions of the same documentation. 
    2. Please keep a copy of this Agreement for your records. You can view an up-to-date copy of this Agreement at any time on the Platform. You can also ask us at any time for a copy of this Agreement by contacting support. You can contact us through clientservices@xoala.com or at +44 - 2081136000.
    3. If we contact you in relation to this Agreement, your Xoala Account, or our Services, we will use the most recent contact details you have provided to us. You must keep your personal details up to date on your Xoala Account. We will usually contact you via email. For this purpose, you must at all times maintain at least one valid email address in your Xoala Account profile. You are required to check for incoming messages regularly and frequently. Emails may contain links to further information on our Platform. If we send an email to the email address on record for your Xoala Account, you agree and understand that this constitutes written notice (“Written Notice”) from us to you. Where legislation requires us to provide information to you on a durable medium, we will either send you an email (with or without an attachment) or send you a notification pointing you to information on our website in a way that enables you to retain the information in print format or other formats that can be retained by you permanently for future reference. We recommend that you keep copies of all communications we send or make available to you.
       Apart from communicating via email, we may contact you via letter or telephone, where appropriate.
    4. Any communication or notice sent by post will be deemed received three days from the date of posting for local post or within five (5) days of posting for an international post. Any communication or notice sent by SMS will be deemed received the same day. 
    5. If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you may need to add us to your email address book so that you will be able to receive the communications we send to you. 
17. Data Protection
    
    1. Our Privacy Statement governs the collection and use of information through the Xoala Services. The Privacy Policy, together with our Cookie Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read it carefully to understand our views and practices regarding personal data and how we will treat it. 
18. Liability
    
    1. We are not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation. 
    3. You agree to indemnify us, our affiliates and service providers, and each of our, or their, respective officers, directors, agents, employees, and representatives, in respect of any costs (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and/or our enforcement of this Agreement (including without limitation your breach of our or your violation of any law, rule or regulation, or the rights of any third party).
    4. Where we do not own or control the underlying software protocols that govern the operation of Cryptoassets supported on our Platform, we assume no responsibility for the operation of the underlying protocols and we are not able to guarantee the functionality or security of network operations. You acknowledge and accept the risk that underlying software protocols relating to any Cryptoasset you store in your Xoala Account may change. You acknowledge and accept the risks of operating changes to Cryptoasset protocols and agree that Xoala is not responsible for such operating changes and is not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and accept that Xoala has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported Cryptoassets or protocols.
    5. Xoala will not be liable for the acts or omissions of third parties, including but not limited to delays in the transmission of messages.
    6. In no event shall Xoala, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:
       1. any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and/or any actual or hypothetical trading losses, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same. 
       2. any loss of, or damage to, reputation, goodwill, business, opportunity, customers or contracts stemming from your use of the Services; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same; any loss of use of hardware, software or data and/or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy any error or delay in the transmission of data; and/or any interruption in any data; and
       3. any loss or damage whatsoever which does not arise directly as a result of our breach of this Agreement.
    7. We are not liable for any breach of the Agreement, including delays, failure in performance, or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.
19. No Warranties
    
    1. Our Services and the Platform are provided on an “as is” and “as available” basis, with no further promises made by us around availability of the services. Specifically, to the fullest extent permissible under Applicable Law, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to the Platform, any of the Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
    2. We make no representations about the accuracy, order, timeliness, or completeness of historical Cryptoasset price data available on the Platform. 
    3. Any materials, information, view, opinion, projection, or estimate presented via the Platform is made available by Xoala for informational purposes only and is subject to change without notice. 
    4. You must make your own assessment of the relevance, timeliness, accuracy, adequacy, commercial value, completeness, and reliability of the materials, information, view opinion, projection, or estimate provided on the Platform. 
    5. Accordingly, no warranty whatsoever is given by Xoala and no liability whatsoever is accepted by Xoala for any loss arising whether directly or indirectly as a result of you acting on any materials, information, view, opinion, projection, or estimate provided in or made available through the Platform and/or the Platform.
    6. The Services and Platform are not intended to provide specific investment, tax, or legal advice or to make any recommendations about the suitability of any investments or products for any particular investor. You should seek your own independent financial, legal, regulatory, tax, or other advice before making an investment in the investments or products. In the event that you choose not to seek advice from a relevant adviser, you should consider whether the investment or product is suitable for you.
    7. To the extent research materials or similar information are available through the Platform, you understand and agree that these materials are intended solely for informational or educational purposes and do not constitute a recommendation or solicitation to enter into any transactions or to engage in any investment strategy. 
    8. We will make reasonable efforts to ensure that Cryptoasset Transactions, requests for debits and credits involving your Xoala Account, bank accounts, debit cards are processed in a timely manner but Xoala makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and cheque issuances are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. 
    9. Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the services and Platform.
20. Complaints
    
    1. Any complaints about us or the Services we provide should be addressed to us in the first instance by contacting our customer service at clientservices@xoala.com. You should clearly indicate that you wish to make a complaint to us. This helps us to distinguish a complaint from a mere query. We will send you a complaint acknowledgement via e-mail within 48 hours of receiving your complaint in accordance with our complaints procedure.
    2. We aim to provide the highest level of customer service possible. If you do experience a problem, we will always seek to resolve this as quickly and efficiently as possible. However, if you are unhappy and would like to make a complaint, please refer to our Complaints Policy for details of our internal process for dealing with complaints promptly and fairly. Our Complaints Policy is available by contacting our customer service team at clientservices@xoala.com.
    3. We endeavour to provide you with an answer or resolution to your complaint within thirty (30) days. Should this not be possible due to unforeseen circumstances or lack of information, we will contact you.
21. Taxes
    
    1. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the services, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities. 
    2. We do not provide tax advice and you agree that you will determine any tax implications associated with your use of, and any transactions you may make using the Platform. You should consult an accountant, lawyer, or tax authorities in your jurisdiction to determine any tax consequences.
    3. Your transaction history is available through your Xoala Account.
22. Termination & Suspension
    
    1. This Agreement is concluded for an indefinite period. In the event that you want to stop using Xoala’s services, you can cancel your Xoala Account. To cancel, please contact our customer support team at clientservices@xoala.com. We will decide, at our sole discretion, whether to cancel or suspend any pending Cryptoasset Transactions. You are not permitted to cancel your Xoala Account in an effort to avoid paying fees due to us or if your activity is under investigation. 
    2. You agree and understand that Xoala has the right to at any time:
       1. immediately suspend your Xoala Account and all accounts beneficially owned by you;
       2. freeze the Cryptoassets and funds in such accounts;
       3. de-activate or cancel your Xoala Account; and/or 
       4. suspend your access to Xoala’s Services and/or the Platform, until a determination has been made, if we suspect, in our sole discretion that you and/or such accounts are in violation of:
          1. any provision of this Agreement;
          2. any Applicable Laws or regulations;
          3. Xoala’s anti-money laundering policies and procedures. 
    3. You further agree and understand that we have the right to immediately (i) suspend your account and any related account, (ii) freeze/lock the funds and assets in all such accounts, and (iii) suspend your access to the Platform and Xoala’s Services until a determination has been made, if:
       1. We are required to do so by a regulatory authority, court order, or binding order of a government authority;
       2. we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism, financing of terrorism or other criminal activity;
       3. The Xoala Account is, or is related to any account that is, subject to any pending litigation, investigation, or governmental proceeding;
       4. We believe someone is attempting to gain unauthorised access to the Xoala Account;
       5. We believe there is unusual activity in the Xoala Account; or
       6. We believe you are using Xoala, your login credentials, or other account information in an unauthorised or inappropriate manner. 
    4. If your account has been suspended, you will be notified when accessing the Platform. We may, in our sole discretion, give Written Notice that your Xoala Account has been suspended and may, in our sole discretion, disclose the reasons for suspension, if permitted to do so by law.
    5. The right to withdraw from the Agreement regarding the use of Services is hereby excluded pursuant to Article 39 paragraph 1 point 2 of the Polish Consumer Rights Act, due to the fact that the price or remuneration for the Services depends on fluctuations in the financial market, which are beyond the Xoala’s control and may occur before the expiry of the withdrawal period. By creating a Xoala Account, you acknowledge and accept this fact.
23. Unclaimed Cryptoassets
    
    1. If your Xoala Account holds a balance at the time of its closure, or if your Xoala Account remains closed or dormant with a balance for a long enough period of time, we will ask you to withdraw your Cryptoassets within a reasonable period of time. 
    2. During this period your Xoala Account will be accessible for the purpose of withdrawing the remaining balance only. After the expiry of this period, you will not be able to access your Xoala Account but you may withdraw any remaining Cryptoassets by contacting clientservices@xoala.com and requesting that the Cryptoassets be sent to you in a manner that is reasonably acceptable for us. 
    3. If you want to access your transaction history after the closure of your Xoala Account, you will need to contact support and request the information.
    4. You may withdraw your Cryptoassets and access your transaction history for a period of six years from the date of closure of your Xoala Account, but we suggest that you withdraw your remaining Cryptoassets as soon as possible. We may refuse a withdrawal request if it is made more than six (6) years after the date of termination of this Agreement, and any Cryptoassets held by us after this time shall cease to be held by us for you and shall instead become our Cryptoassets. 
    5. We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or other illegal activity checks before authorising any withdrawal of your Cryptoassets, including in relation to returning any Cryptoassets to you after you have closed your Xoala Account.
24. Other Matters
    
    1. This Agreement (including documents incorporated by reference herein) comprise the entire understanding and agreement between you and Xoala as to the subject matter hereof, and it supersedes any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and Xoala.
    2. Our failure to insist upon your strict compliance with any term or provision of this Agreement shall not be construed as a waiver for you to not comply with such term or provision.
    3. We may amend this Agreement, any agreement incorporated by reference, or our fees at any time by posting the amended version on the Platform, emailing it to you, or communicating it to you through the Platform. Each amended version will be effective fourteen (14) days after it is posted or sent to you. If you do not agree with the content of the new terms, you may terminate the agreement within these fourteen (14) days. Your continued use of Xoala’s services after the fourteen (14) day period constitutes your acceptance of the amended version.
    4. This Agreement is between you and us. No other person shall have any rights to enforce any of its term.
    5. This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and / or our obligations at any time, including as part of a merger, acquisition, or other corporate reorganisation involving Xoala, provided that this transfer or assignment does not materially impact the quality of the services you receive. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns. In any case of planned transfer or assignment as specified above, you shall be informed of those plans at least fourteen (14) days prior to their execution. If you do not terminate your Agreement with us during this period, it will be assumed that you agree with the change.
    6. In the event that Xoala is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this Agreement) as part of such merger, acquisition, sale, or other change of control. In any case of planned transfer or assignment as specified above, you shall be informed of those plans at least fourteen (14) days prior to their execution. If you do not terminate your Agreement with us during this period, it will be assumed that you agree with the change.
    7. All provisions of this Agreement that by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the sections relating to suspension or termination, disputes with Xoala, your liability, the indemnity, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement.
    8. If any provision of this Agreement is determined to be invalid or unenforceable under any Applicable Law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.
    9. Detailed information regarding the possibility for the customer, who is a consumer, to use out-of-court complaint handling and claim resolution procedures, as well as the rules of accessing these procedures, can be found on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. Additionally, there is a contact point operating at the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl, postal address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose tasks include, among others, providing assistance to Consumers in matters related to out-of-court resolution of consumer disputes.
    10. Consumers have the following exemplary options for using out-of-court complaint handling and claim resolution methods: (1) an application for dispute resolution to a permanent consumer arbitration court (more information available at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the regional inspector of the Trade Inspection Authority (more information available on the website of the inspector relevant to the Seller’s place of business); and (3) assistance from the local (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among others, via email at porady@dlakonsumentow.pl and via the consumer helpline at 801 440 220 (available on Business Days, from 8:00 am to 6:00 pm, call charges according to the operator’s tariff).
    11. In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR; OJ EU L.2013.165.1), Xoala hereby provides the electronic link to the ODR (Online Dispute Resolution) platform facilitating the out-of-court resolution of disputes between consumers and traders online: https://ec.europa.eu/consumers/odr. Xoala’s email address as a potential point of contact for the above-mentioned matters is legal@xoala.com.
    12. In the event of unwillingness to use out-of-court dispute resolution methods as provided above, or if such methods fail to produce the intended results, disputes or controversies arising under or related to this Agreement or the services of Xoala shall be submitted to the jurisdiction of the territorially competent courts of the Republic of Poland. Xoala shall not be prevented from taking proceedings in any other jurisdiction where you are domiciled or where you have assets.