TERMS AND CONDITIONS

Effective Date: 30 July 2025

1. Parties and Legal Status

This User Agreement (“Agreement”) constitutes a legally binding contract between:

AURUM NEO-BANK sp. z o.o.
Registered Headquarters: Ul. Długa 29, 00-238 Warsaw, Mazowieckie, Republic of Poland
Website: www.polex.io
(“Company”, “Polex”, “we”, “our”, “us”)

and

You (“User”, “Client”, “you”).

The Company operates as a MiCA-aligned crypto-asset service provider (CASP) and virtual asset service provider (VASP) in accordance with applicable European Union and Polish law.

This Agreement governs your access to:

  • The Polex website and platform;

  • All crypto-asset exchange services provided by the Company.

By creating an account or using the Platform, you confirm that you have read, understood, and agreed to be legally bound by this Agreement, the Privacy Policy, AML Policy, Order Execution Policy, and all incorporated documents.

2. Regulatory Framework

The Company operates in alignment with:

  • Markets in Crypto-Assets Regulation (MiCA);

  • Regulation (EU) 2023/1113 (Travel Rule);

  • Polish AML/CFT legislation;

  • Supervisory expectations of the Polish Financial Supervision Authority.

The Company does not provide investment advice, portfolio management, or custody services.

3. Nature of Services

The Company provides:

  • Exchange of crypto-assets for fiat currency (EUR);

  • Exchange of crypto-assets for other crypto-assets.

The Company operates an OTC principal model, meaning:

  • The Company acts as counterparty to each transaction;

  • No multilateral trading facility or public order book is operated;

  • Orders are executed pursuant to the Order Execution Policy.

All crypto-asset transactions are irreversible once confirmed on a distributed ledger.

4. Eligibility

By registering, you confirm that:

  • You are at least 18 years of age;

  • You possess full legal capacity;

  • You are not located in a prohibited or sanctioned jurisdiction;

  • You are not classified as a high-risk customer under AML rules;

  • You are not a politically exposed person (PEP);

  • Your funds are not derived from illicit activity;

  • You are the lawful owner of the payment instrument used.

The Company maintains a strict high-risk exclusion policy and reserves the right to refuse onboarding or terminate relationships accordingly.

5. User Obligations

You agree:

  • To provide accurate and up-to-date information;

  • To comply with all applicable laws in your jurisdiction;

  • Not to use the Platform for unlawful activity;

  • Not to attempt system manipulation or fraud;

  • Not to maintain multiple accounts.

Violation may result in suspension or termination.

6. Identity Verification and Compliance

Account activation requires:

  • Full KYC verification;

  • Sanctions screening;

  • Travel Rule compliance checks;

  • Source-of-funds validation where required.

Additional documentation may be requested at any time.

The Company may retain data after termination to comply with legal obligations.

7. Pricing and Execution

Prices are determined in accordance with the Order Execution Policy.

Key principles:

  • Firm quote displayed before confirmation;

  • Locked price upon confirmation;

  • No discretionary “last look” rejection;

  • Transparent fee disclosure.

Orders may be suspended or rejected for:

  • AML concerns;

  • Sanctions flags;

  • Technical error;

  • Manifest pricing error.

8. Fees

Standard fees:

  • Buying Digital Assets: 5.5%

  • Selling Digital Assets: 5.5%

Fees are disclosed prior to transaction confirmation.

The Company reserves the right to modify fees with prior notice.

Where a transaction cannot be processed due to user error, an administrative fee may apply.

9. Settlement and Irreversibility

Crypto transfers are subject to blockchain confirmation.

Once confirmed:

  • Transactions are final and irreversible;

  • Incorrect wallet addresses are non-recoverable;

  • The Company is not responsible for user input errors.

Fiat settlement depends on banking infrastructure and processing timelines.

10. Risk Disclosure

Crypto-assets:

  • Are volatile;

  • May lose all value;

  • Are not government-backed;

  • Are not protected by deposit guarantee schemes.

The Company does not guarantee price appreciation, liquidity, or repurchase.

Users bear full market risk.

11. Account Security

Users are responsible for:

  • Maintaining credential confidentiality;

  • Enabling security controls;

  • Immediately notifying support of compromise.

The Company is not liable for losses arising from user negligence.

12. Suspensions and Termination

The Company may suspend or terminate accounts for:

  • AML or sanctions concerns;

  • High-risk classification;

  • Fraud suspicion;

  • Regulatory obligation;

  • Breach of this Agreement.

Termination may occur without prior notice where legally required.

13. Transaction Delays

Transactions may be delayed or declined to ensure:

  • Regulatory compliance;

  • Fraud prevention;

  • Risk mitigation;

  • Market stability.

Blockchain congestion may affect settlement speed.

14. Refunds and Cancellations

Due to market volatility:

  • Confirmed trades cannot be reversed.

Refunds (where legally required) may require:

  • Identity verification;

  • Proof of ownership of payment method;

  • AML documentation.

Refunds may be refused where fraud or illegal activity is suspected.

15. Tax Responsibility

You are solely responsible for:

  • Determining tax obligations;

  • Reporting gains or losses;

  • Paying applicable taxes.

The Company does not provide tax advice.

16. Intellectual Property

All content on the Platform is owned by the Company.

Unauthorized reproduction, copying, or commercial exploitation is prohibited.

17. Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for:

  • Market losses;

  • Loss of profits;

  • Indirect or consequential damages;

  • Blockchain network failures;

  • Third-party service interruptions.

Liability is not excluded where prohibited by law (including fraud or gross negligence).

18. Force Majeure

The Company shall not be liable for failure or delay due to events beyond reasonable control, including:

  • Cyberattacks;

  • Blockchain disruptions;

  • Regulatory action;

  • Banking outages;

  • Natural disasters.

19. Complaints

Complaints may be submitted to:

📧 compliance@polex.io

Complaints are handled in accordance with the Company’s Dispute Resolution Policy.

20. Data Protection

Personal data is processed in accordance with:

  • The Privacy Policy;

  • GDPR requirements;

  • AML record-keeping obligations.

21. Governing Law

This Agreement is governed by the laws of the Republic of Poland.

Disputes shall be subject to the exclusive jurisdiction of Polish courts, unless otherwise required by mandatory consumer protection law.

22. Amendments

The Company may amend these Terms:

  • For regulatory changes;

  • For operational changes;

  • For security reasons.

Material changes will be notified in advance.

Continued use constitutes acceptance.

23. Entire Agreement

This Agreement constitutes the entire agreement between you and the Company and supersedes prior communications.

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