1. Introduction
These terms and conditions define the rules and regulations governing the use of our services and platform. By accessing or utilizing our platform, you acknowledge that you have read, understood, and agreed to abide by these terms. If you do not accept any of these conditions, you are required to discontinue the use of our services immediately. The company reserves the right to modify these terms at any time, and it is the user's responsibility to stay informed of any changes.
2. Defenitions
About the Company: AV DIGITAL SOLUTIONS Sp. z.o.o., Registration Number - 0001115008, with its registered office at Michał Kleofas Ogiński Street, No. 11, Apt. 9, Warsaw, 03-318, Poland..
AV DIGITAL SOLUTIONS: A collective term encompassing both the Company and its Platform.
Client: An individual who is at least 18 years old and has thoroughly reviewed and accepted Vynyl’s Customer Agreement before using its services via the website platform.
Website: The company's official website, accessible at https://vynil.io/.
License: Authorized by the Polish GIIF.
Services Provided: The range of services offered by the company through its platform.
FIAT: Officially recognized currencies used as legal tender.
Crypto: A form of digital currency that operates using advanced cryptographic technology. It functions independently of centralized authorities and does not hold the status of an official currency.
Funds: A term that applies to both cryptocurrencies and fiat currencies.
Customer Agreement: This specific agreement governing the relationship between the company and its customers.
KYC or Due Diligence: The process by which AV DIGITAL SOLUTIONS requires customers to submit specific documents to verify their identity and comply with relevant legal obligations. This ensures regulatory compliance and adherence to legal requirements.
GDPR: Refers to Regulation (EU) 2016/679 of the European Parliament and Council, enacted on April 27, 2016, replacing Directive 95/46/EC. It aims to protect individuals concerning the processing of personal data and the free movement of such data.
3. General Conditions
- Customer Information and Compliance with Applicable Laws
- The Customer assures the Company that opening an account does not breach any legal or regulatory requirements applicable to them.
- A customer may only register one account with the company, provided that doing so is legally permitted in their country of residence.
- The Customer is responsible for ensuring that all information provided during registration or afterward is accurate, truthful, and up to date. Any changes to this information must be promptly communicated to the Company within two weeks. As part of its internal procedures and obligations under Anti-Money Laundering (AML) and Countering the Financing of Terrorism (CFT) regulations, the Company may require the Customer to confirm the validity of the information provided or submit supporting documents.
- Before granting access to any services, the Company reserves the right to conduct necessary investigations to detect and prevent fraud, money laundering, terrorism financing, or any other unlawful activities. In such cases, the Company may request additional verification documents from the Customer, in accordance with its established terms.
- The Company does not accept or issue cash payments. All transactions between the Customer and the Company must be conducted via wire transfer, ensuring identity verification for both the sender and the recipient. The Company has sole discretion over these transactions.
- The Company does not accept third-party transactions for the benefit of the Customer unless both parties have agreed in writing. Additionally, unless explicitly permitted or legally proven through ownership rights, the Company will not process withdrawals from the Customer’s account for the benefit of a third party.
- The Customer is fully responsible for all activities carried out through their account. Any unauthorized access or security breaches must be reported to the Company immediately. While the Company may implement monitoring mechanisms to detect fraudulent activity, it is not liable for any unauthorized use of the Customer’s account. The Customer agrees to take full responsibility for securing their account credentials and password and for any unauthorized transactions resulting from their negligence.
- The use of the account for illegal purposes, including but not limited to fraud and money laundering, is strictly prohibited. The Company will immediately report any suspicious activities to the appropriate law enforcement authorities. The Customer is explicitly forbidden from misusing, exploiting, or circumventing any restrictions imposed by the Company.
- If the Customer attempts to execute a transaction that violates the restrictions outlined in this Agreement, the Company reserves the right to take the following actions:
- Reverse the transaction.
- Suspend the Customer’s account or the specific transaction.
- Report the transaction to the relevant law enforcement authorities.
- Seek damages from the Customer.
4. Account Regulations
- The Customer’s Account will be set in a currency of their choice from the available options provided by the Company.
- Each Customer is permitted to open only one Account with the Company.
- Once the registration process and identity verification are successfully completed, the Customer gains access to the Platform and its services, which include exchanging virtual currencies and fiat currencies.
- To utilize the Account, the Customer must first complete the registration process on the Platform by submitting their personal details. During this process, they must accept the terms of this Agreement and confirm that they possess the legal capacity to do so. Upon successful registration, the Customer will receive their account credentials, which will be sent to their registered email and displayed on their account page.
- The Company provides multiple deposit and transaction methods depending on the Customer’s country of residence and the payment options available. However, the Company does not guarantee the availability of any specific payment method and may change or discontinue options at its sole discretion. In some instances, third-party providers may facilitate payment processing.
- A Customer may choose to suspend their Account at any time by contacting Customer Support. The Company reserves the right to request additional documentation for purposes related to anti-money laundering (AML), counter-terrorism financing (CFT), or fraud prevention.
- Depending on the chosen payment method, the Customer may need to provide additional information or take extra steps to authorize their deposit transaction in accordance with the Company’s reasonable requirements.
- The Customer must only use a bank account for deposits if they are the named account holder with the corresponding Payment Service Provider.
- Transaction fees and currency conversion fees may apply based on the selected payment method and the policies of the Customer’s bank.
- In order to transfer funds, the Customer may be required to authenticate the transaction using their login credentials and password.
- The Customer must accurately complete the designated transfer form when initiating a funds transfer.
- Currency conversion transactions will be executed based on the exchange rates displayed on the Platform at the time of conversion.
- The Company does not guarantee the continuous availability of any particular withdrawal or payment method and reserves the right to alter or discontinue a method as long as at least one withdrawal option remains available. Once a transaction has been processed through an external Payment Service Provider, such as a bank, the Company assumes no responsibility for its completion.
- To ensure security, all deposits and withdrawals must be made exclusively from bank accounts registered under the Customer’s name.
- The minimum deposit required for fiat-to-crypto exchanges conducted via card transactions with AV DIGITAL SOLUTIONS is set at 10 euros.
- Withdrawal and transaction limits imposed by banks may apply due to security or legal considerations. When engaging in the purchase or exchange of virtual currency:
- AV DIGITAL SOLUTIONS applies due diligence measures proportionate to the Customer’s assessed risk level.
- If a Customer’s annual transaction volume exceeds 15,000 EUR, additional due diligence measures, such as providing a recent bank statement, may be required.
- Stricter compliance measures will also be enforced in cases where there are suspicions of money laundering or terrorist financing.
- Customers who exceed 15,000 EUR in cumulative transactions throughout their lifetime will be subject to enhanced due diligence procedures.
- It is the Customer’s responsibility to ensure that the payment details provided for withdrawals are accurate and complete. The Company will not be held liable for any incorrect payments resulting from inaccurate or incomplete information submitted by the Customer.
- The Customer is strictly prohibited from making withdrawals or executing payments to an account that does not bear their name. Any violation of this rule may lead to the transaction being flagged as suspicious under the Company’s AML/CFT policy.
- Before authorizing withdrawals, the Company reserves the right to perform compliance checks for potential involvement in money laundering, terrorist financing, fraud, or other unlawful activities. The Company may request additional verification documents, including but not limited to proof of the source of funds.
5. Rights And Obligations
- The Customer acknowledges that the Company has the following rights:
- The authority to reject, cancel, modify, or remove any exchange or transaction initiated by the Customer.
- The right to adjust Customer transactions when deemed necessary to ensure compliance with this Agreement and maintain proper service functionality.
- The ability to temporarily suspend the Customer's Account as needed.
- The discretion to restrict access, impose limitations, suspend, terminate, or revoke usage rights of the Platform—either globally or for specific Funds, transactions, or Customers. Additionally, the Company may discontinue the transmission of certain or all information.
- The right to refuse or halt transactions or deny access to the Platform under the following conditions:
- A partial or complete failure of the Platform, including technical malfunctions or communication breakdowns that prevent normal operations.
- A security breach affecting the Platform’s integrity.
- In its efforts to comply with Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF) regulations, and without limiting its previously stated rights, the Company may temporarily suspend a Customer’s Account and restrict activities such as withdrawals while conducting an internal review. This may occur if the Company reasonably suspects that the Customer’s activities:
- Do not align with the Company’s Services or violate this Agreement.
- Involve fraudulent or deceptive practices.
- Breach applicable laws, this Agreement, or the Company’s AML/CTF policies.
- The Company may rely on real-time pricing that reflects speculative market fluctuations. If a price later proves to be inaccurate, the Company reserves the right to cancel or adjust transactions on the Customer’s Account. However, such actions will be taken within a reasonable timeframe, accompanied by a detailed explanation to the Customer.
- The availability of specific financial instruments or transaction options on the Platform is determined solely by the Company and may vary depending on time and location.
- The Company reserves the exclusive right to operate the Platform and process exchange transactions at its discretion.
- The Company retains full control over and the authority to modify the functionality, settings, and content of the Platform at its sole discretion.
- In the event of a dispute, the Company may engage third-party experts, investigators, or analysts, including paid services, to assist with resolution. Any costs incurred for such services may be passed on to the Customer, as specified in this Agreement.
- While the Company will make reasonable efforts to process transactions and fulfill exchange orders, the Customer acknowledges that the Company cannot guarantee the execution of every order or request. The Customer agrees not to hold the Company liable for any failure to complete a transaction.
6. Commissions
- The Company reserves the right to modify its fees, charges, costs, and expenses at any time without prior notice. The Customer is responsible for covering these charges as they arise or as determined at the Company’s discretion. The Customer authorizes the Company to deduct any applicable fees, charges, costs, or expenses directly from their Account.
- Commissions may vary depending on the exchange rate at the time of the transaction. The exchange rate, which fluctuates between 0.5% and 15%, is determined by market conditions. By proceeding with a transaction, the Customer acknowledges and accepts the exchange rate offered at that moment, understanding that it may influence the total commission applied.
- A processing fee may be charged for each Order executed on behalf of the Customer.
7. Cancellations And Refunds
- The Customer acknowledges and agrees that once a transaction has been completed, it is non-refundable. Additionally, the Customer accepts that AV DIGITAL SOLUTIONS is not responsible for any losses or consequences resulting from the execution of an order.
- An order or service request can only be canceled before AV DIGITAL SOLUTIONS processes the transaction. In the event of a refund, the amount will be calculated based on the exchange rate applicable at the time of the original transaction.
8. Warranties, Authorizations, And Customer Representations
- The Customer confirms that they are legally of age, mentally sound, and fully capable of entering into this Agreement. They affirm that no other person has or will have any access to or interest in their Account. Regardless of any future determinations, the Customer is deemed fit to enter this Agreement. All information provided during registration is accurate, complete, and up to date at the time of submission. The Customer agrees to notify the Company immediately of any changes to this information.
- The Customer guarantees that they will immediately report any detected errors in the Platform, their Account, or the Services that could impact their interests. They agree to limit interactions with the system, except as necessary to prevent financial losses. The Customer also acknowledges that they will not exploit system errors for personal benefit. Any violation of this condition grants the Company the right to seek compensation as stated in this Agreement and may result in suspension or termination of the Customer’s access to the Services.
- The Customer explicitly acknowledges and agrees to waive the confidentiality of all communications related to disputes, legal proceedings, or public statements between the parties, including any outcomes such as court rulings or resolution decisions. The Company reserves the right to disclose such communications at its discretion, in accordance with GDPR regulations.
- If an unauthorized or incorrectly executed transaction occurs due to the Customer’s error, they must inform the Company within one day of the transaction. The Customer assumes full responsibility for any losses if: (I) the unauthorized transaction results from their failure to maintain the security of their Account credentials, or (II) they do not report the unauthorized or erroneous transaction within one day of its occurrence.
- The Customer guarantees that all financial information submitted to the Company during Account registration accurately reflects their current financial status.
- The Customer confirms that they do not have any separate agreement with a Company employee or agent concerning their Account services, including any promise of guaranteed profits or loss limitation. If such an agreement exists, the Customer is obligated to notify the Company’s Compliance Officer in writing immediately. Additionally, any statements made by third parties regarding their Account that contradict official Company communications must be reported to the Compliance Officer in writing. The Customer understands that each transaction requires their explicit authorization unless discretionary authority has been granted under the Company’s Limited Transaction/Exchange Authorization. Any transaction disputes must be reported as per the Agreement’s notification terms. The Customer agrees to indemnify and hold the Company harmless from any liabilities resulting from their failure to notify the Compliance Officer in a timely manner.
- The Customer acknowledges their responsibility to remain informed of any regulatory changes in their country of residence and to ensure compliance with all applicable laws governing their use of the Platform.
- The Customer agrees to reimburse the Company for any damages, expenses, or legal fees incurred in enforcing any terms of this Agreement or related agreements. Where legally permitted, the Company reserves the right to offset any outstanding debts owed by the Customer against funds held in their Account.
- The Customer is solely responsible for calculating and reporting their financial activities to the relevant tax authorities, if required.
9. Disclaimer Of Warranties
- Unless explicitly agreed upon in writing, the Company provides its Platform and Services on an "as is" and "as available" basis. The Company disclaims all express, implied, and statutory warranties, including, but not limited to, warranties of merchantability, fitness for a specific purpose, ownership, and non-infringement regarding its Services, Platform, and any related content or materials.
- The Company does not guarantee that the Platform, Services, or any associated materials will always be available, uninterrupted, secure, or error-free. It also makes no guarantees regarding the accuracy, reliability, suitability, or completeness of any information provided.
- The Company does not take responsibility for market conditions or fluctuations and does not guarantee the value of any cryptocurrency or fiat currency.
10. No Tax Or Financial Advice
- The Company may, at its discretion, occasionally offer the Customer general information related to the practical aspects of buying, selling, or exchanging cryptocurrencies.
- Despite any information the Company may provide, the Customer acknowledges that all transactions are carried out voluntarily and without reliance on the Company’s guidance. The Customer assumes full responsibility for their transactions, understanding that they are made at their own discretion and risk. The Company does not provide recommendations on when or under what conditions exchanges or transactions should take place.
- The Customer recognizes that exchange rates fluctuate frequently and can be affected by factors beyond the control of both the Customer and the Company.
11. Restricted Jurisdictions
- The Company does not offer its Services to individuals residing in countries identified by the GIIF as high-risk or non-cooperative due to significant deficiencies in anti-money laundering (AML) and counter-terrorism financing (CTF) regulations.
- The Company does not facilitate transfers to or from Accounts associated with banks or payment institutions incorporated in the United States, its territories, or any country classified as high-risk or non-cooperative by the GIIF. If the Company identifies, suspects, or has reasonable grounds to believe that a Customer has become a resident of a restricted country, it will take immediate action by closing all open positions and suspending the affected Account.
- A full list of restricted countries can be found in the Company’s detailed Anti-Money Laundering policy.
12. AV DIGITAL SOLUTIONS Platform’s Virtual Iban
- AV DIGITAL SOLUTIONS enhances the cryptocurrency purchasing process by enabling Euro transactions via SEPA bank transfers through a unique Virtual IBAN assigned to each customer. This IBAN, which displays the customer's name as the beneficiary, is strictly designated for transactions where the sender’s name matches the beneficiary. However, Vynil is not a bank, financial institution, or electronic money institution (EMI).
- Customers can use a Virtual IBAN alongside regular banking details to facilitate fiat transactions within their Vynil account, where applicable. However, obtaining a Virtual IBAN does not constitute opening a conventional bank or EMI account, as it functions differently. Customers making cryptocurrency purchases on the platform can complete payments via SEPA bank transfers to the Virtual IBAN details provided at checkout.
- It is important to note that providing these banking details does not establish a traditional bank account with any financial institution.
- Customers must ensure that all payments originate from bank accounts under their ownership. AV DIGITAL SOLUTIONS does not accept third-party payments made on behalf of the customer.
- By using the Virtual IBAN service, customers confirm their acceptance of these terms.
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13. Account Liquidation
- The Company reserves the right to take specific actions if any of the following circumstances occur:
- Bankruptcy or insolvency proceedings are initiated by or against the Customer;
- The Customer’s Accounts with the Company are subject to attachment or seizure;
- The Customer passes away or is legally declared incompetent;
- There are insufficient funds or collateral to sustain the Account;
- The Customer fails to provide the required information as stipulated in this Agreement; or
- Any other situation arises where the Company determines that action is necessary to protect its interests.
In such cases, the Company, at its sole discretion, may take one or more of the following steps:
- Use the Customer’s funds or assets held by the Company or its affiliates to settle any outstanding obligations;
- Buy or sell the Customer’s funds or assets held on their behalf;
- Cancel any pending orders, contracts, or commitments associated with the Customer.
14. Limitation Of Liability And Indemnification
- The Company is not liable for disruptions or interruptions in the Platform, Services, or intermediary services it relies on to fulfill its obligations if such disruptions arise from unforeseen or extraordinary circumstances beyond its control.
- Under no circumstances shall the Company, its affiliates, service providers, suppliers, agents, or resellers be liable for any direct, indirect, incidental, special, consequential, or punitive damages. These may include, but are not limited to, loss of profits, business opportunities, reputation, revenue, goodwill, or business interruptions. This applies to losses related to the Customer’s use of the Platform or Services, any content available on the Platform, or risks associated with cryptocurrency transactions.
- The Company holds no responsibility for claims, losses, damages, costs, or expenses—including legal fees—resulting from unforeseen events such as war, civil unrest, government actions (e.g., exchange controls, confiscation, or nationalization), natural disasters, market fluctuations, communication failures, or technical malfunctions within financial markets, settlement systems, or computing infrastructure.
- The Company is not responsible for calculating, reporting, or paying any taxes or duties related to transactions conducted by the Customer through the Company’s services.
- The Customer agrees to indemnify and protect the Company against any claims or legal actions arising from their unlawful activities. This includes covering costs related to defending against third-party claims or criminal proceedings initiated against the Company due to the Customer's actions.
- If any part of this section is deemed unenforceable by a regulatory authority, the Company’s liability will be limited to the maximum extent permitted by law.
15. Statements, Confirmations, And Communications
- All statements, notifications, and communications from the Company will be sent to the Customer’s registered email address. These messages will be considered delivered upon dispatch, regardless of whether the Customer acknowledges receipt.
- Order confirmations and Account statements will be deemed accurate unless the Customer raises an objection immediately upon receiving them and formally confirms the objection in writing within one day of receiving the electronic notification.
- Instead of sending transaction confirmations via traditional mail, the Company provides Customers with online access to their Accounts, allowing them to review their transactions at any time via the Internet.
16. Third-Party Service Providers
- The Customer acknowledges that the Platform, along with its related software and Services, may be provided by third-party licensors unaffiliated with the Company. The Company does not guarantee that these third-party services will be free from errors, operate without interruptions, or meet specific quality, accuracy, or reliability standards. Additionally, the Company assumes no liability for any potential infringement of rights by these third-party services.
17. Dispute Resolution
- If the Customer believes that the Company has violated any terms of this Agreement, resulting in a dispute, they must submit a formal complaint within one day of the issue occurring.
- The Company will review the complaint and provide a response within 30 days, unless a different timeline is required by law or Company regulations governing the provision of Services.
18. Confidentiality
- The Company’s approach to privacy and data protection is outlined in its Privacy Policy, which is accessible on the Platform.
19. Governing Law And Jurisdiction
- This Agreement, including the rights and obligations of both parties, is governed by the laws of Poland, without consideration for conflict-of-law principles.
- The Company may propose resolving disputes through an independent arbitration body within its jurisdiction, at which point the Customer has the option to accept or decline the alternative resolution method
- The Customer agrees that any legal disputes, arbitration, or proceedings related to this Agreement or their Account shall be exclusively handled by courts within the Company’s jurisdiction. The Customer also waives the right to a jury trial and agrees not to request a change in jurisdiction. Additionally, no claims related to this Agreement may be initiated more than one year after the underlying cause of action arises.
20. Anti-Money Laundering Policy
- The Company is dedicated to maintaining a secure and legally compliant service by monitoring transactions for suspicious activity and reporting such activities to authorities as required by law.
- In accordance with legal and contractual obligations, the Company retains certain information and documentation for at least five years, or longer if required to comply with privacy and data protection laws. This retention applies even if the Customer closes their Account, ceases to use the Services, or fails to complete the Account registration process.
- To enhance security, the Company may collaborate with third-party providers that specialize in identity verification and Anti-Money Laundering (AML) compliance.
- The Company has an established AML Policy, which can be reviewed on the Platform.
21. Amendments To The Agreement
- The Customer acknowledges that the Company reserves the right to modify this Agreement at its discretion. Any changes will be published on the Platform, along with the latest update date. The revised terms take effect either one 1 business day after being posted or when the Customer initiates a transaction on the Platform—whichever occurs first.
22. Force Majeure
- The Company shall not be held liable for delays or failures in fulfilling its obligations under this Agreement due to events beyond its control. These may include, but are not limited to, natural disasters, strikes, power failures, cyberattacks, governmental actions, or other force majeure events.
23. Intellectual Property Rights
- Unless stated otherwise, all intellectual property rights—including copyrights—related to the Company’s Website, Platform, and Services belong exclusively to the Company. The Customer is granted a limited, non-exclusive, non-transferable right to access and use the Company’s content and data for personal or internal business purposes. This right does not permit unauthorized distribution, modification, or public use of any provided materials. If the Company suspends or terminates the Customer’s access to the Services, these usage rights will automatically be revoked.
24. Termination Of Agreement
- This Agreement remains in effect until terminated. The Customer may terminate it at any time, provided they have no outstanding obligations to the Company. Termination requires written notice via registered email. The Company may also terminate the Agreement at any time by notifying the Customer via registered email or through their Account. However, termination does not impact previously completed transactions, and both parties remain bound by obligations arising from past transactions.
- The Company reserves the right to suspend or terminate this Agreement or any Customer Account without prior notice in the following situations:
- The Customer breaches any terms of this Agreement or other legally binding agreements with the Company.
- The Customer violates applicable laws or regulations regarding the Company’s Services, or the Company has reasonable grounds to suspect such violations.
- The Company suspects the Customer is engaged in fraudulent activities, money laundering, terrorism financing, or other unlawful conduct.
- The Company may suspend an Account at any time if:
- There are reasonable concerns that the Account’s security has been compromised.
- The Account appears to be accessed fraudulently or without authorization.
- If possible, the Company will notify the Customer before the suspension; otherwise, it will provide notice as soon as circumstances allow.