Terms and conditions
Services are provided by Digital Dealing Desk OÜ, an Estonia entity. Digital Dealing Desk OÜ is not a regulated financial services provider.
1. Basic Services
To be eligible to use the Digital Dealing Desk Services, you must be at least 18 years old. Your eligibility to access certain Digital Dealing Desk Services also depends on the country in which you reside. Before using, learn about possible restrictions in accordance with the laws of your residence country.
Important note: Digital Dealing Desk does not accept any users in the USA (residents and citizens), Afghanistan, American Samoa, Bahamas, Botswana, Belarus, Cambodia, Ethiopia, Ghana, Guam, Iceland, Iran, Iraq, Libya, Mongolia, Nigeria, North Korea, Pakistan, Panama, Puerto Rico, Russia, Samoa, Saudi Arabia, Sri Lanka, Syria, Trinidad and Tobago, Tunisia, US Virgin Island, Yemen, Zimbabwe.
If you are traveling to any of these countries, you acknowledge that our services are not unavailable and/or blocked in such countries.
1.2. Electronic Signatures and Agreement(s)
You acknowledge and agree that by clicking the “I agree” button or similar buttons or links as may be designated by Digital Dealing Desk to show Your approval of any foregoing texts, the use of the Services (as defined below), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through our websites and platforms. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
1.3. Digital Dealing Desk Services
Your Digital Dealing Desk account (“Digital Dealing Desk Account”) encompasses the following basic Digital Dealing Desk services: one or more Digital Currency wallets that allow users to store certain supported digital currencies, like Bitcoin, USDT or Ethereum (“Digital Currency”), and to track, transfer, and manage their supported Digital Currencies (the “Digital Currency Wallet”); Digital Currency conversion services through which users can buy and sell supported Digital Currencies in transactions with Digital Dealing Desk (the “Exchange Services”); and a account for use in connection with other Digital Dealing Desk Services (a “Currency Wallet”) and for eligible users, a Digital Currency exchange service (collectively the “Digital Dealing Desk Services”).
The risk of loss in trading or holding Digital Currency can be substantial. You should therefore carefully consider whether trading or holding Digital Currency is suitable for your financial condition.
2. Creating a Digital Dealing Desk Account
2.1. Registration of Digital Dealing Desk Account
In order to use any of the Digital Dealing Desk Services, you must first register by providing your full name, E-mail address, password, and affirming your acceptance of this Agreement. Digital Dealing Desk may, in our sole discretion, refuse to allow you to establish a Digital Dealing Desk Account or limit the number of Digital Dealing Desk Accounts that a single user may establish and maintain at any time.
2.2. Process of identification and Know Your Customer (“KYC”) procedure and acceptance for use of the Services
In order to use certain features of the Digital Dealing Desk Services, including certain transfers of Digital Currency and/or government-issued currency (“Fiat Currency”), you will be required to provide Digital Dealing Desk with certain personal information as prescribed below and to comply with our Anti-Money Laundering and Counter-Terrorism Financing Policy (“AML/CTF Policy”) and Money Laundering and Terrorist Financing Prevention Act (AML Act i.e., the Act of March 1, 2018, on the prevention of money laundering and terrorist financing) in Poland. “Act”).
We perform KYC procedure, which includes all measures prescribed in the Act for due diligence of our customers and obtaining any other information about you, which may impact our decision regarding establishing business relationship with you and provision of Digital Dealing Desk Services to you.
In order to use the Services, you have to be either an individual being at least 18 years old, acting on yourself (without representative) or a legal entity registered in the public accessible official company register, represented by director or member of the management board or other body replacing the management board.
You should not have any relations or business with the country, defined in the subsec.1.1. of these Terms and Conditions.
By starting using Digital Dealing Desk services you confirm that no restrictions of your legal capacity exist.
The acceptance of you as the user of the Services requires the following steps from your side:
- Verification of your identity performed by provider of digital identification service;
- Filling in information, inquired in online application form (“Registration form”) and submitting it via Digital Dealing Desk website digitaldealingdesk.eu
(“Website”) in order to establish relationship and to receive our Services;
- Submitting documents requested by us via the Website.
Verification of identity (“Verification”): Verification includes provision of your photo or video record together with your identification documents. In order to make Verification of identity, you will be transferred to digital identification service provider’s webpage and shall follow the instructions. After the Verification is passed you will be transferred back to Digital Dealing Desk for completion of KYC procedure.
Registration form : The registration form includes questions about yourself, related persons, business activities, source of wealth and income and other questions based on the requirements of AML/CTF Policy and the Act.
The following information and scanned copies of below-mentioned documents shall be submitted together with the information provided in the registration form for KYC and acceptance procedure:
if you are an individual ;
- Identity card or passport, unless it is provided during the process of Verification of identity,
- Tax residence document (Tax certificate or similar document).
Additional documents (scanned copies) may be requested from you in the following cases:
- Identity card or passport of Beneficial owner in the meaning of the § 9 of the Act, if the third person benefits and controls your activity.
if you are a legal entity ;
- Registry card, registration certificate or equivalent document of the relevant register;
- Memorandum and Articles of Association or similar document,
- Document containing information on ownership structure in case of indirect control manner,
- or Relevant document equivalent with aforementioned documents, which contains necessary identification data (company register statement) and replaces above mentioned documents,
- Representative’s identity card or passport, passing Verification process,
- Beneficiary’s identity card or passport,
- Legal entity’s and its Beneficiary’s tax residence document.
Additional documents (scanned copies) may be requested from you in the following cases:
- Right and scope of representation proving document,
- Document containing information on director or management board structure,
- Other documents on Digital Dealing Desk additional request confirming the data filled by you in the Registration form.
You shall also provide the information on origin of your wealth upon the KYC procedure and keep this information up to date. Digital Dealing Desk is entitled to request the confirming documents in respect of the origin of your wealth and source of funds used in the transactions.
Digital Dealing Desk may also verify your contact details – e-mail address and phone number – by sending message with the link for verification to these contacts. By providing your contact information to Digital Dealing Desk you confirm your agreement for receipt of these messages and undertake to fulfill the instructions included in the messages. Otherwise the registration and acceptance procedure will not be completed.
Digital Dealing Desk is entitled to require from you to prove your identity during a personal meeting in a specific meeting place and time, priory agreed by us.
You are obliged to notify immediately on any changes in your identification data and provide the actual documents to confirm the changes. The notification on changes shall be made by updating your Registration form on the Website and providing relevant documents.
Digital Dealing Desk is entitled to suspend the Digital Dealing Desk Account and prohibit any actions with the Digital Dealing Desk Account (including funding, withdrawal or transactions) if your documents provided within KYC procedure are expired or not valid – until the receipt and acceptance of the new valid documents.
Digital Dealing Desk processes and keeps your personal data and personal data of your representatives, shareholders, beneficial owners and other related individuals, requests and obtains your personal data from third persons, data bases and registers where it is possible and transfers your personal data to the third parties for KYC procedures in accordance with the Act and for other legally based purposes in order to fulfill the obligations arising from this agreement and to provide the Services. All Digital Dealing Desk actions related to the personal data processing, keeping and transfer are regulated in accordance with Digital Dealing Desk internal policy and rules, adopted pursuant to the requirements of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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 (“GDPR”).
Using Digital Dealing Desk Services you certify that all the related persons whose personal data are disclosed by you to Digital Dealing Desk have duly authorized you for such disclosure and you do fully indemnify Digital Dealing Desk against any claims from the side of these persons in this respect.
Acceptance for use of the Services: After the KYC procedure is successfully passed by you, Digital Dealing Desk gives you an access to the Digital Dealing Desk Account and provides you with the Services.
In order to use the Services, you should sign in to your Digital Dealing Desk Account on the Website, using you email and password registered upon the registration.
Rejection in result of KYC procedure: Digital Dealing Desk will not allow you to use Services and will not fulfill your instructions for transactions or will report to the Department for Combating Economic Crime of Poland is transmitted in the form defined in the Rules. Unit (where it is required by the Act) in the following cases:
- if Digital Dealing Desk cannot verify your identity with reasonable certainty;
- if Digital Dealing Desk can’t receive reliable information on the source of your wealth and origin of funds;
- if you refuse to provide any information or documents required for KYC purposes and listed above;
- if you have provided misleading information;
- if you use service from the country defined in the subsec. 1.1. of these Terms and Conditions until Digital Dealing Desk receives your confirmation of usage of Service from the acceptable country;
Digital Dealing Desk can refuse to fulfill any of your Instructions if it believes that the Services are being used for an illegal purpose or if it believes that the respective Instruction given by you:
- is unclear;
- is not given by you;
- might cause Digital Dealing Desk to breach the legal regulation requirements.
You hereby authorize Digital Dealing Desk to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
3. Digital Currency Wallet
The Digital Currency Wallet services allow you to deposit, withdrawal and store supported Digital Currency to instructions you provide through the Digital Dealing Desk Site (each such transaction is a “Digital Currency Transaction”).
Digital Dealing Desk reserves the right to refuse to process or to cancel any pending Digital Currency Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits Digital Dealing Desk cannot reverse a Digital Currency Transaction which has been broadcast to a Digital Currency network. The Digital Currency Wallet services are available only in connection with those Digital Currencies that Digital Dealing Desk, in its sole discretion, decides to support. The Digital Currencies that Digital Dealing Desk supports may change from time to time. If you have any questions about which Digital Currencies Digital Dealing Desk currently supports, please visit support. Under no circumstances should you attempt to use your Digital Currency Wallet services to store, deposit, or withdrawal digital currencies in any form that are not supported by Digital Dealing Desk. Digital Dealing Desk assumes no responsibility or liability in connection with any attempt to use Digital Dealing Desk Services for digital currencies that Digital Dealing Desk does not support.
3.2. Digital Currency Transactions
Digital Dealing Desk processes supported Digital Currency according to the instructions received from its users and we do not guarantee the identity of any user, or other parties. You should verify all transaction information prior to submitting instructions to Digital Dealing Desk. Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your Digital Dealing Desk Account balance or be available to conduct transactions. Digital Dealing Desk may charge network fees to process a Digital Currency transaction on your behalf. Digital Dealing Desk will calculate the network fee in its discretion, although Digital Dealing Desk will always notify you of the network fee at or before the time you authorize the transaction.
3.3. Digital Currency Storage and Transmission Delays
Digital Dealing Desk OÜ provides a holding of the assets using Kraken services.
Kraken can be brought to a hold assets belonging to customers of Digital Dealing Desk OÜ. Digital Dealing Desk OÜ may keep the Client’s assets on the account opened in the Digital Dealing Desk OÜ name in Kraken, with assets belonging to other clients Digital Dealing Desk OÜ belonging to individual customers, or by opening a separate sub-account for each client transferring assets at the holding.
Client confirms that he is familiar with given Digital Dealing Desk OÜ information about the holding of assets, information about the risks, expenses, information on the holding of client assets held in the nominee in Kraken, taking into account the peculiarities of the legal norms, regulatory accounting of the rights of ownership of the country and other circumstances.
Ownership of the asset can be reflected on the Digital Dealing Desk OÜ account name Kraken, the Customer or a third party, including the involvement of a third party by Kraken.
With respect to assets recorded on the asset account, held through a Kraken, stemming from their rights, actions, omissions and Kraken liability may apply legal acts and market practice Kraken home country, which may differ significantly from operating in the Republic of Poland.
Customer agrees that Kraken, carrying a hold assets Client has the right to encumber and / or use of the asset and the Customer’s funds may be burdened with the rights and obligations of third parties.
Kraken has the right to offset in respect of assets belonging to the Client and funds held through Kraken to ensure the provision of services under the Agreement and the Service Agreement and the order execution
Digital Dealing Desk OÜ may conclude with Kraken contracts that contain conditions relating to the laying, encumbrances, use and set-off assets, similar to the terms of the treaties, observing the requirements of compulsory regulations for Digital Dealing Desk OÜ.
Digital Dealing Desk OÜ has the right to make corrections in the accounting records Expense s without the consent of the Client, if these records are produced as a result of error or technical error, or when corrections are made by Kraken, as well as in cases where the settlement of the transaction due to circumstances beyond Digital Dealing Desk OÜ reasons, have not been fulfilled or there is a delay perform calculations.
If the customer’s assets, held through Kraken, irretrievably lost as a result of damage or destruction accounted data, Insolvency of Kraken, expropriation or nationalization of the assets or as a result of other similar events, Digital Dealing Desk OÜ has the right to cancel irreversibly lost assets with an asset account.
Digital Dealing Desk OÜ has the right, without the Client’s order to convert available at any in Digital Dealing Desk OÜ account Client funds from one currency to another currency, if the funds are required to pay commission fees to settle other amounts or debt denominated in other currencies, or if the funds in the relevant currency insufficient for execution of the order.
Digital Dealing Desk OÜ performs the conversion at the rate Digital Dealing Desk OÜ established Digital Dealing Desk OÜ at the time of conversion held through Kraken, irretrievably lost as a result of damage or destruction accounted Kraken data Insolvency Kraken, expropriation or nationalization of assets or as a result of other similar events, Digital Dealing Desk OÜ has the right to cancel irreversibly lost assets with an asset account.
Digital Dealing Desk securely stores Digital Currency Hot Wallets’ private keys in our control in a combination of online and offline storage. As a result, it may be necessary for Digital Dealing Desk to retrieve certain information from offline storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, which may delay the initiation or credit of such Digital Currency Transaction for 48 hours or more. You acknowledge and agree that a Digital Currency Transaction facilitated by Digital Dealing Desk may be delayed.
3.4 Digital Currency Protocols
Digital Dealing Desk does not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the Digital Dealing Desk platforms, you acknowledge and agree (i) that Digital Dealing Desk is not responsible for operation of the underlying protocols and that Digital Dealing Desk makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/b “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Currency you store in the Digital Dealing Desk platform. In the event of a fork, you agree that Digital Dealing Desk may temporarily suspend Digital Dealing Desk operations (with or without advance notice to you) and that Digital Dealing Desk may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that Digital Dealing Desk assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.
4. Exchange Services
4.1. In General
Eligible users in certain jurisdictions may buy or sell supported Digital Currency through the Exchange Services. The Exchange Services are subject to the Digital Dealing Desk “Exchange Rate” for the given transaction. “Exchange Rate” means the price of a given supported Digital Currency amount in terms of Fiat Currency or other Digital Currency as quoted on the Digital Dealing Desk Site. The Exchange Rate is stated either as a “Buy Price” or as a “Sell Price”, which is the price in terms of Fiat Currency or Digital Currency at which you may buy or sell supported Digital Currency to Digital Dealing Desk. You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time and that Digital Dealing Desk may add a margin or “spread” to the quoted Exchange Rate. You agree, as a condition of using any Digital Dealing Desk Exchange Services, to accept the Exchange Rate as the sole conversion metric. Digital Dealing Desk reserves the right to delay any Exchange Service transaction if it perceives a risk of fraud or illegal activity. Digital Dealing Desk does not guarantee the availability of its Exchange Service, and the act of purchasing supported Digital Currency from Digital Dealing Desk does not result in a guarantee that you may sell your supported Digital Currency to Digital Dealing Desk.
4.2. Purchase Transactions
After successfully completing the verification procedures, you may purchase supported Digital Currency by linking a valid payment method. You authorize Digital Dealing Desk to initiate debits from your selected payment method(s) in settlement of purchase transactions. Exchange Fee (defined below) applies to all purchase transactions. Although Digital Dealing Desk will attempt to deliver supported Digital Currency to you as promptly as possible, funds may be debited from your selected payment method before Digital Currency is delivered to your Digital Dealing Desk Account. We will make best efforts to fulfill all transactions, but in the rare circumstance where Digital Dealing Desk cannot fulfill your purchase order, we will notify you and seek your approval to fulfill the purchase order at the contemporaneous Buy Price Exchange Rate. To secure the performance of your obligations under this Contract, you grant to Digital Dealing Desk a lien on and security interest in and to the balances in your account.
4.3. Sale Transactions
After successfully completing the verification procedures, you may sell supported Digital Currency by linking a valid payment method. You authorize Digital Dealing Desk to debit your Digital Dealing Desk Account(s) and initiate payments to your selected payment method(s) in settlement of sell transactions. An applicable Exchange Fee (defined below) applies to all sale transactions. Your receipt of funds will depend on the payment type and may take up to three or more business days.
4.4. Exchange Fees
Each Exchange Service transaction is subject to a fee (an “Exchange Fee”). The applicable Exchange Fee is displayed to you on the Digital Dealing Desk Site prior to you completing an Exchange Service transaction. Digital Dealing Desk will not process a conversion transaction if the Exchange Fee and any other associated fees, such as wire transfer fees, would exceed the value of your transaction. Payments using other methods not described below, such as wire (if permitted), are subject to different transaction fees disclosed to you before you authorize the transaction. The availability of each Payment Method depends on a number of factors, including but not limited to your location, the identification information you have provided to us, and limitations imposed by third-party payment processors. Digital Dealing Desk reserves the right to adjust its Exchange Fees and any applicable waivers at any time. We will always notify you of the Exchange Fee which applies to your transaction, both at the time of the transaction and in each receipt we issue to you.
You can view the current fee applicable to your location and payment method at our Fees page.
4.5. Reversals and Cancellations
You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorize Digital Dealing Desk, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including Digital Dealing Desk balances or other linked accounts, in any amount necessary to complete the transaction. 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.
Digital Dealing Desk reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of Digital Currency in its sole discretion, even after funds have been debited from your account(s), if Digital Dealing Desk suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if Digital Dealing Desk reasonably suspects that the transaction is erroneous; or if Digital Dealing Desk suspects the transaction relates to prohibited use or a prohibited Business as set forth below. In such instances, Digital Dealing Desk will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the canceled transaction.
4.6. Payment Services Partners
Digital Dealing Desk may use a third-party payment processor to process any Fiat Currency payment between you and Digital Dealing Desk, including but not limited to payments in relation to your use of the Exchange Service or deposits or withdrawals from your Currency Wallet or Digital Dealing Desk Account.
5. Currency Wallet
5.1. Currency Wallets
All registered users may establish and fund Currency Wallet to transactions on the Digital Dealing Desk platform. You are the owner of the balance of your Currency Wallet. Digital Dealing Desk holds the balance of your Currency Wallet in a dedicated custodial account with a financial institution. All funds held in a Currency Wallet are held on trust by Digital Dealing Desk for the benefit of the user, or by a licensed Electronic Money Institution on behalf of the user.
5.2. Deposits and Withdrawals
You may initiate a transfer from your linked credit card or the bank account to fund a Currency Wallet. Fees may apply to deposits and withdrawals from your Currency Wallet. All fees will be clearly disclosed in your Digital Dealing Desk account and at Fees page. For deposits, Digital Dealing Desk will credit your Currency Wallet a corresponding amount of Fiat Currency after funds are delivered to Digital Dealing Desk, typically within two to five business days after you authorize a deposit. For withdrawals, Digital Dealing Desk will immediately debit your Currency Wallet when you authorize a withdrawal and funds will typically settle to you within two to five business days. Bank fees are netted out of transfers to or from Digital Dealing Desk. We will not process a transfer if associated bank fees exceed the value of the transfer.
6. General Use, Prohibited Use, and Termination
6.1. Limited License
We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Digital Dealing Desk Site, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by Digital Dealing Desk from time to time. Any other use of the Digital Dealing Desk Site or Content is expressly prohibited and all other rights, title, and interest in the Digital Dealing Desk Site or Content is exclusively the property of Digital Dealing Desk and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. “Digital Dealing Desk.eu”, “Digital Dealing Desk” and all logos related to the Digital Dealing Desk Services or displayed on the Digital Dealing Desk Site are either trademarks or registered marks of Digital Dealing Desk or its licensors. You may not copy, imitate or use them without Digital Dealing Desk’s prior written consent.
6.2. Website Accuracy
Although we intend to provide accurate and timely information on the Digital Dealing Desk Site, the Digital Dealing Desk Site (including, without limitation, the 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 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 Digital Dealing Desk Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation 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 third-party materials or on any third-party sites accessible or linked to the Digital Dealing Desk Site.
6.3. Third-Party Applications
If, to the extent permitted by Digital Dealing Desk from time to time, you grant express permission to a third party to access or connect to your Digital Dealing Desk Account, either through the third party’s product or service or through the Digital Dealing Desk Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your Digital Dealing Desk Account. Further, you acknowledge and agree that you will not hold Digital Dealing Desk responsible for, and will indemnify Digital Dealing Desk from, any liability arising out of or related to any act or omission of any third party with access to your Digital Dealing Desk Account. You may change or remove permissions granted by you to third parties with respect to your Digital Dealing Desk Account at any time through the Account Settings (Integrations) page on the Digital Dealing Desk Site.
6.4. Prohibited Use
In connection with your use of the Digital Dealing Desk Services, and your interactions with other users, and third parties you agree and represent you will not engage in any prohibited business or prohibited use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your Digital Dealing Desk Account and/or block transactions or freeze funds immediately and without notice, if we determine, in our sole discretion, that your Account is associated with a prohibited use and/or a prohibited business.
6.5. Export Controls & Sanctions
Your use of the Digital Dealing Desk Services and the Digital Dealing Desk Site is subject to international export controls and economic sanctions requirements. By sending, receiving, buying, selling, trading or storing Digital Currency through the Digital Dealing Desk Site or Digital Dealing Desk Services, you represent and warrant that you will comport with those requirements. Without limiting the foregoing, you may not acquire Digital Currency or use any of the Digital Dealing Desk Services through the Digital Dealing Desk Site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury’s financial sanctions regime, or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List HM Treasury’s financial sanctions regime; or (2) you intend to supply any acquired or stored Digital Currency or Digital Dealing Desk Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury’s financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial sanctions regime.
6.6. Transactions Limits
The use of all Digital Dealing Desk Services is subject to a limit on the amount of volume, stated in Fiat Currency terms, you may transact or transfer in a given period (e.g., daily). Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. Digital Dealing Desk reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request at support. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with Digital Dealing Desk staff (such process, “Advanced Due Diligence”). Digital Dealing Desk reserves the right to charge you costs and fees associated with Advanced Due Diligence provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Advanced Due Diligence.
6.7. Suspension, Termination, and Cancellation
Digital Dealing Desk may: (a) suspend, restrict, or terminate your access to any or all of the Digital Dealing Desk Services, and/or (b) deactivate or cancel your Digital Dealing Desk Account if:
- We are so required by a facially valid subpoena, court order, or binding order of a government authority; or
- You have breached or are not in compliance with requirements related to Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) stated by this contract or our AML/CTF Policy or the Act; or
- We reasonably suspect you of using your Digital Dealing Desk Account in connection with prohibited use or business, or We reasonably suspect you of using your Digital Dealing Desk Account in connection with prohibited use or business; or
- Use of your Digital Dealing Desk Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or
- Our service partners are unable to support your use; or
- You take any action that Digital Dealing Desk deems as circumventing Digital Dealing Desk’s controls, including, but not limited to, opening multiple Digital Dealing Desk Accounts or abusing promotions which Digital Dealing Desk may offer from time to time.
- You breach our Legal Agreements.
If Digital Dealing Desk suspends or closes your account, or terminates your use of Digital Dealing Desk Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits Digital Dealing Desk from providing you with such notice. You acknowledge that Digital Dealing Desk’s decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to Digital Dealing Desk’s risk management and security protocols. You agree that Digital Dealing Desk is under no obligation to disclose the details of its risk management and security procedures to you. You will be permitted to transfer Digital Currency or funds associated with your Digital Currency Wallet and/or your Currency Wallet for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. If Digital Dealing Desk suspends or closes your account or terminates your use of Digital Dealing Desk Services for any reason Digital Dealing Desk reserves the right to require you to complete the verification procedures before permitting you with a transfer or withdraw Digital Currency or Fiat Currency.
You may cancel your Digital Dealing Desk Account at any time by withdrawing all balances and visiting support (online chat) with registering an appropriate request. You will not be charged for canceling your Digital Dealing Desk Account, although you will be required to pay any outstanding amounts owed to Digital Dealing Desk. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
6.8. Relationship of the Parties
Digital Dealing Desk is an independent contractor for all purposes. Nothing in this agreement shall be deemed or is intended to be deemed, nor shall it cause, you and Digital Dealing Desk to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Digital Dealing Desk to be treated as the agent of the other.
6.9. Privacy of Others and Marketing
If you receive information about another user through the Digital Dealing Desk Services, you must keep the information confidential and only use it in connection with the Digital Dealing Desk Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited email to a user through the Digital Dealing Desk Services.
6.10. Password Security and Contact Information
You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the Digital Dealing Desk Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Digital Dealing Desk Account by third parties and the loss or theft of any Digital Currency and/or funds held in your Digital Dealing Desk Account and any associated accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Digital Dealing Desk and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Digital Dealing Desk Account information has been compromised, contact Digital Dealing Desk Support immediately at [email protected].
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Digital Dealing Desk Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your Digital Dealing Desk Account.
6.12. Unclaimed Property
If Digital Dealing Desk is holding funds in your account, and Digital Dealing Desk is unable to contact you and has no record of your use of the Services for several years, applicable law may require Digital Dealing Desk to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, Digital Dealing Desk will try to locate you at the address shown in our records, but if Digital Dealing Desk is unable to locate you, it may be required to deliver any such funds to the applicable or jurisdiction as unclaimed property. Digital Dealing Desk reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
7. Customer Feedback, Queries, Complaints, and Dispute Resolution
7.1. Contact Digital Dealing Desk
If you have any feedback, questions, or complaints, contact us via our Customer Support webpage at support or write to us at Digital Dealing Desk OU, Tartu mnt 53-408, 10115, Tallinn, Estonia.
When you contact us please provide us with your name, address, and any other information we may need to identify you, your Digital Dealing Desk Account, and the transaction on which you have feedback, questions, or complaints.
In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge your complaint within 24 hours of its receipt if you contact our Customer Support. A Customer Support specialist will consider your complaint without prejudice based on the information you have provided and any information provided by Digital Dealing Desk. Within four weeks of our receipt of your complaint a Customer Support specialist will address your complaint by sending you an e-mail (“Resolution Notice”) in which a Customer Support specialist will: (i) offer to resolve your complaint in the way your request; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. Upon receipt of the Resolution Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Resolution Notice. Failure to respond to a Resolution Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint. If you are late in responding to the Resolution Notice, Digital Dealing Desk may treat your response as if it has been submitted on time.
In the event that you reject an offer or determination (“Rejection”), please set out the reasons for the Rejection and include any additional information that you believe is pertinent to your complaint. Any Rejection will be treated as an application to appeal the offer or determination set out in the Resolution Notice. Our Customer Support Supervisor (“Supervisor”) will impartially consider your complaint (including any additional information provided). We will acknowledge your Rejection within 24 hours of its receipt if you contact us in the prescribed electronic way, and within ten business days if you contact us in any other prescribed way. Within four weeks of our receipt of the Rejection the Supervisor will address your complaint by sending you an e-mail (“Final Notice”) in which the Supervisor will: (i) uphold the Resolution Notice; or (ii) reject the Resolution Notice. Notwithstanding its decision regarding the Resolution Notice, the Supervisor may also make a new offer to resolve the complaint. Upon receipt of the Final Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Final Notice. Digital Dealing Desk may extend the deadline for you to accept the offer. Failure to respond to a Final Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint. For consumers only: if you fail to respond to a Final Notice and file a claim in a competent court, your failure may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.
Any offer made under this section 7 will only become binding on Digital Dealing Desk if you accept the offer by following the instructions provided by Digital Dealing Desk within the stated timeframe. Any offer under this section 7 will not constitute any admission by Digital Dealing Desk of any wrongdoing or liability regarding the subject matter of the complaint. Any acceptance of an offer by you will constitute an acceptance that the complaint is resolved and an undertaking that you will not file a claim in any competent court against Digital Dealing Desk regarding the subject matter of the complaint. 7.5. Claims. This provision only applies to consumers. You agree to use the complaints procedure of Section 7 before filing any claim in a competent court. Failure to comply with this provision may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.
8. General Provisions
8.1. Computer Viruses
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attacks. 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 Digital Dealing Desk. Always log into your Digital Dealing Desk Account through the Digital Dealing Desk Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
8.2. Limitation of Liability
IN NO EVENT SHALL DIGITALDEALINGDESK, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY ON DEPOSIT IN YOUR DIGITALDEALINGDESK ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE DIGITALDEALINGDESK SITE OR THE DIGITALDEALINGDESK SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DIGITALDEALINGDESK HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT DIGITALDEALINGDESK FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE DIGITALDEALINGDESK SERVICES ARE PROVIDED ON AN “ASIS” AND “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITALDEALINGDESK SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. DIGITALDEALINGDESK DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE DIGITALDEALINGDESK SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
Digital Dealing Desk makes no representations about the accuracy or completeness of historical Digital Currency price data available on the Site. Digital Dealing Desk will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards are processed in a timely manner but Digital Dealing Desk makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
8.3. Entire Agreement
We may amend or modify this Agreement by posting on the Digital Dealing Desk Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the Digital Dealing Desk Services, or suspension or termination of your access to the Digital Dealing Desk Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website and/or email before the material change becomes effective.
You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any Digital Dealing Desk affiliates or subsidiaries, or to any successor in interest of any business associated with the Digital Dealing Desk Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
8.7 Change of Control
In the event that Digital Dealing Desk 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 as part of such merger, acquisition, sale, or other change of control.
All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, Digital Dealing Desk Account cancellation, debts owed to Digital Dealing Desk, general use of the Digital Dealing Desk Site, disputes with Digital Dealing Desk, and general provisions, shall survive the termination or expiration of this Agreement.
8.9 Governing Law
This Agreement will be governed by Polish and Estonian law and the non-exclusive jurisdiction of the Poland courts.
8.10 Force Majeure
We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
8.11. English Language Controls
Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
APPENDIX 1: PROHIBITED USE
You may not use your Digital Dealing Desk Account to engage in the following categories of activity (“Prohibited Uses”). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Digital Dealing Desk Services involves a Prohibited Use, or have questions about how these requirements apply to you, please submit a request at support (email). By opening a Digital Dealing Desk Account, you confirm that you will not use your Account to do any of the following:
Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Digital Dealing Desk conducts business, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information;
Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Digital Dealing Desk Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Digital Dealing Desk Site, other Digital Dealing Desk Accounts, computer systems or networks connected to the Digital Dealing Desk Site, through password mining or any other means; use Digital Dealing Desk Account information of another party to access or use the Digital Dealing Desk Site, except in the case of specific Merchants and/or applications which are specifically authorized by a user to access such user’s Digital Dealing Desk Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of Digital Dealing Desk;
Abuse Other Users: Interfere with another individual’s or entity’s access to or use of any Digital Dealing Desk Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Digital Dealing Desk Site about others, including without limitation email addresses, without proper consent;
Fraud: Activity which operates to defraud Digital Dealing Desk, Digital Dealing Desk users, or any other person; provide any false, inaccurate, or misleading information to Digital Dealing Desk;
Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of Digital Dealing Desk intellectual property, name, or logo, including use of Digital Dealing Desk trade or service marks, without express consent from Digital Dealing Desk or in a manner that otherwise harms Digital Dealing Desk or the Digital Dealing Desk brand; any action that implies an untrue endorsement by or affiliation with Digital Dealing Desk.
APPENDIX 2: VERIFICATION PROCEDURES AND LIMITS
Digital Dealing Desk uses multi-level systems and procedures to collect and verify information about you in order to protect Digital Dealing Desk and the community from fraudulent users and to keep appropriate records of Digital Dealing Desk’s customers. Your access to one or more Digital Dealing Desk Services, and limits including daily or weekly exchange limits, deposit, withdrawal and trading limits, and limits on transactions from a linked payment method may be based on the identifying information and/or proof of identity you provide to Digital Dealing Desk.
Digital Dealing Desk may require you to provide additional documents or verify additional information or to wait some amount of time after completion of a transaction, before permitting you to use any Digital Dealing Desk Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your account by visiting your account’s profile page.
You may submit a request at support to request increase the limits for your account. Digital Dealing Desk may require you to submit to Advanced Due Diligence. Additional fees and costs may apply, and Digital Dealing Desk does not guarantee that we will raise your limits.