§ 1 General regulations
- The Rules provide for terms and conditions for service provision in
an electronic way by Impily Sp. z o.o. with its registered office in: Porcelanowa
23 Street, 40-246 Katowice, Poland, entered in the Register of Companies
under the number KRS 0000859332 (hereinafter referred to as “Impily”) on the
website impily.com and subdomains (hereinafter referred to as the
“Website”), as well as for the use of the Website by Users.
- Impily ICT system comprises of a set of cooperating hardware and
software which process and store, send and receive data via
telecommunications networks by the use of an end device that is adequate
to a given type of the network.
- The system collects Users’ personal data, which are processed in
accordance with the Regulation of the European Parliament and of the
Council (EU) 2016/679 of 27 April 2016 on the protection of natural
persons with regard to the processing of personal data and on the free
movement of such data, and repealing Directive 95/46/EC (hereinafter
referred to as the “Regulation”) and the Directive of the European
Parliament and of the Council (EU) No 2016/680 of 27 April 2016 on the
protection of natural persons with regard to the processing of personal data
by competent authorities for the
purposes of the prevention, investigation, detection or prosecution of
criminal offences or the execution
of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision
- Impily provides its services electronically by offering to the
Users via the Website in order to enable them to buy and sell cryptocurrencies
available on the Website (hereinafter referred to as the “Service”). Impily
neither offers services based on the Website’s exchange rates nor is a
market maker. Exchange rates of cryptocurrencies on the Website result
from transactions made by Users with Impily.
- The Service is provided to:
- a) natural persons with full legal capacity (i.e. persons over 18 with
full capacity to take legal actions);
- b) other entities with full legal capacity based on separate
these Rules and entered into the Service Provision Agreement (hereinafter
referred to as the “User”).
- The function and purpose of the software or data which are not
incorporated into the Service and are input via impily.com to the ICT
- The Service is provided against payment. Detailed terms of payment
are specified in the Table of Fees and Commissions available on the
- The Service Provision Agreement is deemed to be entered into the
moment the “Register” button is clicked during account registration on the
Website (hereinafter referred to as the “Account Registration”) or the
“Make the transaction” button.
- The moment the User registers the account on the Website or chooses
to perform the transaction, these Rules are deemed to have been accepted.
- By accepting these Rules, the User certifies that:
- a) the User knows the risk of investments in cryptocurrencies and
is aware that all funds invested may be lost as a result of fluctuations
in cryptocurrency rates;
- b) the User is aware that the main threat to each Internet User,
including persons using electronic services, is the possibility that the
control over the User’s equipment will be taken over or the User’s data
will be otherwise acquired by third parties in order to take over the
User’s account on the Website, as a result of which the User’s funds may
The User is exclusively liable for the aforementioned
events and is not entitled to make any claims against Impily.
§ 2 Types and scope of services hereunder
- To use the Website properly, a hardware with Internet access and
Internet browser (e.g. Mozilla, Opera, Firefox, Edge, Chrome) with Java
Script and Cookies enabled are necessary. If an invalid Internet browser
is used, the Website can work incorrectly.
- The User is solely liable for ensuring the technical conformity
between the User’s hardware or end device and the ICT or
telecommunications equipment and the Website.
- If Impily updates the Website in connection with technological
changes in the Service, it will inform the User by e-mail at the address
recorded on the Website or will publish relevant information in the
visible place on the Website. No change in technical requirements will be
considered as an amendment to these Rules, unless Impily is not able to
provide the Service to the User as a result of such a change.
- Impily reserves the right to suspend or terminate individual
functionalities of the Website in order to maintain, inspect or expand the
technical base if this is necessary to ensure the Website stability. Impily
will use all efforts to notify the Users in advance and give the date and
time of a technical break.
- The Service is used by logging in the Website via impily.com. Impily
is not liable if the User uses the Website via external applications,
overlays or plugs.
- The Website uses the client-server software technology. The
Customer of a given cryptocurrency is an opensource multiplatform
application that communicates with a given network via the Internet. The
Website is not liable for inadequate actions taken by the customer of a
- The transaction is deemed to be made when Impily and the User enter
into the cryptocurrency sales agreement. Each price given in the
cryptocurrency sales offer is a price coming from Impily and the decision
to make a transaction is made solely by the Website User.
- Impily does not guarantee that the cryptocurrency sales offer
displayed in the User’s Internet browser reflects the real values all the
time. The display of a valid exchange rate or the value of a sales offer
is influenced, among others, by the browser capacity, as well as the speed
and stability of the Internet connection.
- Cryptocurrency is neither a financial instrument nor an electronic
payment instrument within the meaning of commonly applicable law.
§ 3 Use of the services
- The User may stop using the Service at any time.
- The User must protect the User’s passwords, e-mail accounts and
data necessary to log in the Website and must not, in particular, make
them available to third parties.
- The User must not take any illegal actions in connection with the
Service, including in particular:
Impily may stop providing the Service to the User permanently or
temporarily if the User violates or is reasonably suspected of materially
violating (temporarily till clarification) or materially violates the law,
these Rules, rights of Impily or third parties, good habits, commonly
applicable principles for the use of the Internet.If the Service is stopped permanently, all data input by the User
may be deleted from Impily’s ICT system, unless:
- a) the use of the Service directly or indirectly for purposes that
are contrary to law, these Rules, good habits or commonly applicable
principles for the use of the Internet;
- b) use the Service to the detriment of the rights of Impily or
- c) deliver data via or to Impily’s ICT system:
- if such data disturb in or overload the operation of the ICT
system of Impily or third parties taking a direct or indirect part in
the Service provision;
- if such data otherwise violate the law, these Rules, the interest
of Impily or third parties, good habits, commonly applicable principles
for the use of the Internet.
If the Service provision is stopped temporarily, the use of the
Service by the User will be limited.Impily has the right to prevent (block) access to the data input by
the User to Impily’s ICT system if:
- a) legal regulations provide otherwise, or
- b) given the character of the Service, it is not possible to
delete all data input by the User from Impily’s ICT system.
In such a case, Impily will immediately notify the User of its
intention to disable (block) the access to the data. The notice will be
sent to the e-mail address or communicated to the telephone number of the
User, which was specified and confirmed during registration or, if the
User changed such data after registration, to the changed and confirmed
e-mail address or telephone number.To correctly verify the User and perform an analysis aimed at
counteracting misappropriation, Impily has the right to use open sources
available in the Internet or metadata analysis.Impily complies with European and Polish law on AML/CFT, i.e.
regulations on preventing money laundering and financing terrorist
organisations, including in particular the Directive (EU) 2015/849 of the
European Parliament and of the Council of 20 May 2015 on the prevention of
the use of the financial system for the purposes of money laundering or
terrorist financing, amending Regulation (EU) No 648/2012 of the European
Parliament and of the Council, and repealing Directive 2005/60/EC of the
European Parliament and of the Council and Commission Directive 2006/70/EC
(O.J. EU L 141 of 05.06.2015, p. 73). The moment the User starts using the
services provided by Impily, the User is deemed to have agreed to comply
with these regulations.Impily keeps the record of transactions of EUR 15,000.00 or the
equivalent of such an amount translated on the date of transactions made
via Impily’s Website and related transactions whose sum in the financial
year exceeds EUR 15,000.00 or the equivalent of such an amount translated
on the transaction date. If Impily receives any order to retain or transfer the User’s
cryptocurrencies into the indicated deposit account from any public
authority of the EU member state or any other institution established on
the basis of an international treaty which Poland is a member of, the
User’s account will be suspended and the transaction function will be
blocked until the new decision is made or the court issues a final ruling
on the funds blocked. At the explicit demand of competent authorities or
offices and subject to the presentation of relevant necessary documents, Impily
has the right to disclose the User’s data to the aforementioned
- a) Impily is officially notified of an illegal character of the
data stored or related activities;
- b) Impily is reliably informed or becomes aware of the illegal
character of the data stored or related activities.
§ 4 Terms and conditions for entering into and terminating the agreement
- To take advantage of the Service, the User must register on the
- Upon registration, to use the Service, an individual designation
(Account) is assigned to the User. Each User can have one Account on the
- To obtain full Account functionality, the User must be identified:
In addition, for verification purposes, the User must present Impily’s
employee with the User’s ID card or go through video verification on the
Website. The Service is provided via the Website at Impily.com and
subdomains.The Service Provision Agreement is terminated:
- Users being consumers are identified on the basis of the data of
their ID document, as well as their first name, surname, citizenship,
place of residence, country of birth, tax residence and politically
exposed function, telephone number, date of birth, e-mail address and
- institutional Users are identified on the basis of the scan of a
transcript from the entity’s commercial register, the data of their
business activity and the data of an ID document of a person authorised
to represent the User, as well as this person’s first name, surname,
citizenship, place of residence, country of birth, tax residence and
politically exposed function, telephone number, e-mail address, date of
birth and identification number. The User must also give the data of all
its beneficial owners, including the data of natural persons representing
such beneficial owners.
The moment the Service Provision Agreement is terminated, the
account is deleted and the User is not able to log into the User’s
Account. In this case, the data given by the User are deleted from the
Website, unless legal regulations provide otherwise. Upon the termination
of the Service Provision Agreement, Impily must store the User’s
settlement data based on tax regulations for a period set out therein.
- a) at the User’s request;
- b) by Impily in the circumstances set out in these Rules.
- Principles for the processing of personal data used and processed
- The data controller
processes the Users’ personal data to perform the Agreement properly.
- The data controller may specify a different purpose of the
processing. However in such a case, the User must agree to such processing
(in accordance with Art. 7 of the Regulation) and obtain the information
clause (in accordance with Art. 11 of the Regulation).
- The User has the right to view the User’s data and request that
such data are changed or supplemented.
- The data controller must protect the User’s personal data.
- The data may be transmitted to other entities solely with the
User’s explicit consent or by law or at competent administration
authorities’ request which the data controller must meet or for purposes
necessary to adequately perform the Agreement.
§ 6 Liability
- The User is liable for all actions taken upon logging in with the
use of the User’s login and password.
- The User uses the Service at his/her own risk without prejudice to Impily’s
liability connected with the provision of the Service to the extent to
which such liability cannot be excluded or limited.
- Impily is liable towards Users for non-performance or inadequate
performance of the Service to the extent set out by these Rules, unless
such non-performance or inadequate performance of the Service results from
circumstances which Impily is not liable for by law.
- Impily is not liable for:
These Rules incorporate the User’s rights stemming from consumer
- a) the deletion of data input into Impily’s ICT system by Users if
such data are deleted by ICT systems being beyond Impily’s control;
- b) consequences of the User’s making the User’s login and password
available to other persons;
- c) consequences of transactions made in the User’s Account if they
were ordered or made upon logging in the Account with the use of the
User’s login and password;
- d) consequences of actions or omissions of third party operators
or other entities providing services to the User under particular Website
- e) delays in the display of the Website on devices used by the
User on servers other than Impily’s servers or devices used by the User;
- f) transaction recording time during the recognition of portfolios
of individual cryptocurrencies;
- g) wrong input of the transaction data by the User;
- h) financial losses incurred by the User as a result of inability
to make transactions on the Website during the technical break;
- i) financial losses incurred by the User as a result of foreign
currency translation losses generated during the blockade of a given
transaction or the User’s Account made in accordance with these Rules or
at a request of public authorities;
- j) technical problems or limitations, including the data
transmission speed of hardware, end device, ICT system and
telecommunications infrastructure used by the User if it makes the use of
the Website impossible;
- k) consequences of the use of the Website by the User if the
Website is used contrary to law, these Rules or acceptable principles of
social co-existence or habits.
§ 7 Intellectual property
- Impily owns rights to works, signs and trademarks made available on
the Website to the extent required to provide the Service.
- The works, signs and trademarks made available under or for the
purpose of the Service are protected by law.
- The User has the right to use the works for lawful private
- Any use exceeding the permitted use for private purposes is subject
to the authorised entity’s consent.
§ 8 Complaint handling
- If, in the User’s opinion, the Service provided by Impily is not
performed in accordance with these Rules, the User may lodge a complaint
in accordance with the following principles.
- The complaint may be lodged:
The complaint should include:
- a) in writing to the following address: Porcelanowa 23, 40-246 Katowice,
- b) in an electronic form to the e-mail address: email@example.com.
The complaints will be reviewed on a first come first considered
basis, however no later than within 14 (fourteen) days. If the complaint
does not include necessary information, Impily will return it to the User
to supplement the required data and the 14-day period will commence as of
the submission of the supplemented complaint. If reasonable, Impily may
extend the complaint handing period by additional 14 (fourteen) days,
which will be communicated to the complaining person. In the case of
services provided by third parties, the complaint handling time may be
extended by the time necessary for complaint handling by a given entity,
which will be communicated to the User, including the data of the entity
providing the service.The complaining person will be notified of how the complaint has
been handled in the same way in which the complaint was lodged.The User has the right to appeal against Impily’s decision.
Sections 2, 3 and 4 of this paragraph apply accordingly.
- a) the User’s name (login) used on the Website;
- b) the object and circumstances that justify the complaint;
- c) a suggested complaint handling method.
§ 9 Transaction security procedures
- In the event Impily has a reasonable suspicion that a crime has
been committed and, in particular, that funds or cryptocurrencies under
the transaction come from a crime, it reserves the right to block the
transaction or the User’s Account and notify investigation and justice
authorities. The notification must be made notwithstanding other
activities taken by Impily on its own. Until the doubts are clarified
(e.g. through the re-verification of the User) or a relevant decision of a
competent authority is obtained, Impily has the right to block the User’s
- In the case of a suspicion or observation that the User’s data on
the Website are incomplete or incorrect, Impily has the right to request
that the User submits to the re-verification procedure and may ask the
User to send documents set out in § 4 hereof or additional documents, as
justified by the circumstances.
- The moment these Rules are accepted, the User is deemed to have
agreed that Impily can re-verify the User in accordance with Section 2
- In the case the doubts concerning the origin of funds or cryptocurrencies
under the transaction are not clarified, or the re-verification of the
User does not identify the User, or the statement made by the User with
regard to the transaction is still doubtful, Impily will refuse to make
- If in the case referred to in Section 1 above, Impily accepted any
funds or cryptocurrency, Impily can block the transaction by depositing
such cryptocurrency or funds in the User’s blocked Account, in Impily’s
deposit account or in the court deposit until competent investigation and
justice authorities lawfully determine the owner.
- At a reasonable request of a bank or financial institution which
has a suspicion that a crime has been committed, Impily can block the
transaction by depositing cryptocurrency or funds in Impily’s deposit
account or in the court deposit until the owner is lawfully determined.
- If Impily determines the owner of funds or cryptocurrency on its
own without doubt, it will order to repay the funds to the owner.
- if the transaction is suspended or blocked, Impily will notify
counterparties of the transaction immediately.
- No further performance of the transaction upon the Account
suspension or blockade or upon the repayment of funds upon the transaction
suspension or blockade in connection with the actions taken by the User or
Impily hereunder (e.g. a need to re-verify the User) authorises the User
to make any claims against Impily, including in particular claims for lost
- The procedures set out in § 9 above also apply if the User makes
transactions for third parties. In this case, apart from the procedures
set out in Section 2, the User may be obligated to give data allowing for
the full verification of third parties for whom or which transactions are
made in accordance with Section 2 of this paragraph and prove the User’s
authorisation to make such transactions.
- In the case referred to above, this paragraph applies accordingly.
- If necessary, without the User’s consent, Impily will transmit the
User’s identification data, including the data given by the User and the
data acquired during the verification procedure referred to in Section 2
above, as well as other information about the User’s activities on the
Website to the authorities referred to in Section 1 above.
§ 10 Amendments
- Impily has the right to amend these Rules and such amendments come
into force when specified by Impily. The amendment must not come into
force earlier than 7 days upon the publication of the amended Rules on the
- Upon the first logging in the Website upon the effective date of
the amendments, the User will be notified of the amendments and will be
able to accept them. The amendments are deemed to have been accepted when
the User orders a cryptocurrency purchase or sales transaction even
without logging in the Website.
In the case the User
does not accept the amendments, in order to terminate the agreement the User
must immediately notify Impily in writing or by-email at firstname.lastname@example.org.
- Changes in the Table of Fees and Commissions and Terms of Payment
do not constitute amendments to these Rules.
§ 11 Governing law
The agreement between the User and Impily based on
which Impily provides the Service on the Website under terms and conditions set
out herein is governed by law of Poland. All disputes connected with the
Services provided by Impily will be resolved by competent common courts. The
User being a consumer has the right to take advantage of non-court complaint
handling and claim management procedures. The information about such dispute
procedures is available, among others, on the EU Internet ODR platform at http://ec.europa.eu/consumers/odr/.