Terms of Service

Last Updated: 02/2025

Introduction

These Terms of Service (“Terms”) are entered into by and between ZYRISTER sp. z o.o. (a Polish limited liability company registered under KRS number 0001086611, NIP 5214056779, with its registered office in Poland) doing business as “BXNK” (hereafter “BXNK,” “we,” “us,” or “our”), and you (“User,” “you,” or “your”). These Terms, together with any documents or terms referred to herein (including our Privacy Policy), govern your use of the BXNK website and any products, services, or features offered by BXNK (“Services”).

By accessing the BXNK website or using any of our Services, you agree to abide by these Terms. If you do not agree, do not use the Services.

1. Definitions

“Account”: The account we create and maintain in your name to enable access to the Services.
“AML/CTF Requirements”: All applicable anti–money laundering and counter–terrorist financing laws, regulations, and guidance, including Polish, EU, and other relevant jurisdictions’ standards.
“Agreement”: Collectively, these Terms; your submitted documents and applications; and any additional rules or guidelines we designate as part of the Agreement.
“Applicable Law”: All relevant legal provisions (statutes, regulations, guidance) of any jurisdiction(s) having authority.
“BXNK Website”: The primary website operated by BXNK, at bxnk.com (including subdomains).
“Crypto Assets”: Digital commodities using decentralized technology (e.g., blockchain), which may be traded or transacted on our platform.
“Intellectual Property Rights”: Includes patents, copyrights, trade secrets, trademarks, design rights, and all associated rights.
“List of Prohibited Countries”: Countries in which we do not offer Services (e.g., Canada, China Mainland, Hong Kong, Singapore, Netherlands, US, UK, Cuba, DPRK, Iran, Uzbekistan, Syria, Sudan, Russian-controlled regions of Ukraine, or any jurisdiction we determine).
“Restricted Person”: Individuals or entities that (a) breach AML/CTF obligations, (b) appear on sanctions lists, or (c) reside/incorporate in any prohibited jurisdiction.
“Services”: All products, features, functionalities, or tools offered by BXNK via the BXNK Website or other platforms.
“User”: Any individual or entity accessing or using the Services.

2. Trading Risks

Trading and holding Crypto Assets can involve significant risk due to market volatility. Prices may fluctuate drastically, potentially causing large gains or losses. BXNK does not guarantee the long-term value or viability of any Crypto Asset. Users must evaluate their financial circumstances and risk tolerance independently. By using our Services, you accept all risks associated with Crypto Asset transactions; BXNK is not liable for losses arising from price changes or market movement.

3. Eligibility

You must:

Be at least 18 years of age (if an individual).
Have full authority to enter into these Terms.
Not have been previously suspended or restricted by BXNK.
Not be a Restricted Person.
Not be a resident or citizen of any jurisdiction on the List of Prohibited Countries.

We may, at our sole discretion, deny or limit your access to certain Services based on the above criteria or to ensure compliance with Applicable Law.

4. Services

We offer a range of Services, including but not limited to Crypto Asset trading, wallets, and platform features. Different Services may not be available in certain locations depending on regulatory restrictions. We reserve the right to decline Service provision or to impose transaction limits at any time if we determine:

You do not meet eligibility criteria.
We suspect fraud, illicit activity, or AML/CTF violations.
Doing so is necessary to comply with Applicable Law or protect market integrity.

Service fees may apply, and we reserve the right to modify fees from time to time. You agree that BXNK may deduct fees automatically from your Account.

5. Account Opening

Registration: To open an Account, you must provide accurate, complete information and promptly update it if changes occur.
Know-Your-Customer Procedures: You must comply with all KYC procedures, providing any documents (ID, proof of address, corporate information) we may request.
Security: You are responsible for safeguarding your passwords, keys, or other access credentials. Unauthorized access to your Account due to your negligence is your sole responsibility.
Single Account: You may hold only one primary Account, unless otherwise authorized.
Third-Party Authorizations: If you allow a third party to use your Account or credentials, you remain fully liable for all resulting activity.

6. Account Cancellation

We may cancel, freeze, or restrict your Account if:

You violate these Terms or Applicable Law.
We suspect fraudulent or unauthorized activity.
We are required to do so by law or in response to regulatory orders.

If your Account is terminated, any pending transactions may be canceled. You must withdraw any remaining assets within 7 business days of termination, unless local laws impose further restrictions.

7. Prohibited Activities

You must not:

Violate any law, regulation, or AML/CTF requirement.
Engage in double spending or colluding to manipulate market prices.
Submit false information or attempt to impersonate any person/entity.
Infringe on Intellectual Property Rights.
Use the Services if you are under 18.
Access or use the Services from a prohibited jurisdiction.

If we suspect such activity, we may suspend or terminate your Account immediately, without prior notice.

8. Intellectual Property Rights

All Intellectual Property Rights relating to BXNK’s Website or Services belong to BXNK or its licensors. Users are granted a limited, non-exclusive license to access and use the Services solely for personal or internal business purposes. You must not copy, modify, or reverse engineer any part of our technology or content without prior written consent.

9. Termination

Either party may terminate these Terms on 7 days’ notice. We may terminate immediately if you materially breach these Terms or if required by law. Upon termination, all outstanding fees become immediately due, and you must withdraw any remaining assets promptly.

10. Disclaimer of Warranties

BXNK PROVIDES THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO WARRANTIES OR GUARANTEES REGARDING THE FUNCTIONALITY, AVAILABILITY, OR RELIABILITY OF CRYPTO ASSETS OR THE SERVICES. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU USE THE SERVICES AT YOUR OWN RISK.

11. Limitation of Liability

To the maximum extent permitted by law, BXNK and its affiliates shall not be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, data, or reputation, even if advised of such potential damages. In no event shall our aggregate liability exceed the total fees paid to BXNK in the 3 months preceding the event giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless BXNK, its affiliates, directors, officers, and employees from any claims, damages, or expenses (including reasonable legal fees) arising from your breach of these Terms, violation of law, or infringement of any third-party rights.

13. Confidentiality

All non-public information disclosed by BXNK (including technical, financial, or business details) shall be considered confidential. You will not disclose or use such confidential information except for the limited purpose of using the Services. This obligation continues after termination of your Account.

14. Governing Law & Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them shall be governed by the laws of Poland, without regard to conflict-of-laws rules. The courts of Poland shall have exclusive jurisdiction to settle any dispute arising out of or relating to these Terms, unless otherwise required by consumer-protection laws in your country of residence.

15. Amendments

We may amend these Terms from time to time. We will notify you (e.g., via email or prominent notice on our website) at least [7] days before changes become effective, unless immediate changes are required by law or urgent circumstances. If you do not agree with any amendment, discontinue using the Services. Your continued use of the Services after an update constitutes acceptance of the revised Terms.