“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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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. 

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.

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.

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.

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.

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.

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.

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.

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.

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.