Effective: October 31, 2024
These general Terms and Conditions (hereinafter – “Terms and Conditions”) are applicable to the services provided by FYNOX sp. z o.o. (hereinafter – “Service Provider”) a company registered in Poland, under the registration number (KRS) 0001053235, (NIP) 7011161466 and with registered office at ul. Hoza 86/210, 00-682, Warsaw (hereinafter – “Service Provider) form a legal agreement (hereinafter - “Agreement”) between the customer (hereinafter – “Customer”) and the Service Provider. The Service Provider is an authorised Small Payment Institution with registration number MIP234/2024, that is permitted to provide payment services and is supervised by the Polish Financial Supervision Authority (“PFSA”). The records and regulated activities of the Service Provider can be checked here: https://e-rup.knf.gov.pl/index.html.
Use of this website www.fynox.pl (hereinafter – “Website”) and Service Provider"s services is subject to the following Terms and Conditions. By visiting the Website, the Customer confirms that the Customer has read, understood, and agrees to these Terms and Conditions. The Customer may use the provided services only in compliance with these Terms and Conditions and applicable laws and regulations.
The Customer shall regularly review the Terms and Conditions available to the Customer on the Website and/or in the Customer"s account, as the Service Provider may update these Terms and Conditions from time to time. Additional terms may apply in connection with certain additional services that may be offered to the Customer by the Service Provider. If the Customer does not accept the Terms and Conditions, the Customer shall not use the services provided by the Service Provider.
The Service Provider offers following services: payment account, money transferring and acquiring services (hereinafter – “Services”). A detailed description of the available Services is provided to the Customer on the Website.
The Services evolve constantly and therefore the Services may change from time to time, at Service Provider"s discretion. The Service Provider may stop (permanently or temporarily) providing the Services or any features within the Services to the Customer or to all customers generally. The Service Provider also retains the right to create limits on use and storage at its sole discretion at any time. The Customer may request to change the limits set by the Service Provider by writing to the Service Provider. The Service Provider may also remove any content on the Services and suspend or terminate the Customer, without liability to the Customer.
The Customer acknowledges that the funds held in connection to the Services do not constitute deposits and do not earn any interest. The Service Provider strictly adheres to applicable safeguarding requirements which are designed to ensure the safety and liquidity of funds held on behalf of customers.
The Services under this Agreement will be provided to the Customer until this Agreement is terminated or the Services are suspended for any reason set forth in this Agreement.
The Service Provider is not responsible for delays outside its control. If the Services provided are delayed because of an event beyond Service Provider"s control, the Service Provider will contact the Customer as soon as possible to inform the Customer and the Service Provider will take steps to minimize the effect of the delay. If there is a risk of significant delay, the Customer can contact the Service Provider to terminate the Agreement and receive a refund for any Services the Customer paid but did not receive.
To get access to Services the Customer shall apply for an account provided by the Service Provider (hereinafter – “Account”). To open an Account the Customer shall provide all requested information on the application. All information provided by the Customer to the Service Provider shall be complete and accurate.
The use of the Account and offered Services is subject to applicable AML requirements and KYC policy that are in place at the time of Customer"s application.
The Customer is allowed to open only one Account. The Customer confirms that the Customer is the only beneficial owner of the Account. In case the Service Provider detects other accounts, the Service Provider may suspend provision of the Services, terminate the Agreement, or merge or close other accounts.
To use the Services offered by the Service Provider, the Customer shall comply with any applicable laws and regulations. The Customer confirms that the Customer does not violate any applicable laws or regulations by using the Services and registering an Account with the Service Provider.
The Customer can authorise other persons to use the Services on Customer"s behalf and access Customer"s Account. The Customer is responsible for each authorised person performance of this Agreement.
The Customer shall always keep the information on the Account up to date and the Service Provider shall not be liable for any loses in connection to the Customer"s failure to do so.
The Service Provider has the right at any time to request the Customer to provide additional information and/or documentation related to the Customer, its activities / business activities, and/or performed operations, funds received/transferred to/from the Account. If the Customer does not provide the requested information /documentation, the Service Provider reserves the right to suspend and/or terminate the offered Services to the Customer until the Customer provides the above mentioned, or to close the Account.
The Customer must take all reasonable steps to keep safe the Account credentials (login, password etc.) and never disclose it to third parties.
By applying for an Account and using the Services offered on the Website, the Customer agrees and certifies:
The Service Provider may refuse to open an Account after receiving Customer"s application. The Service Provider will inform the Customer on such decision but is not obliged to provide the Customer the reason for the refusal to open an Account.
All fees applicable to the Services are available to the Customer on the Website in the section “Fees” (or in the section “Fees” in Customer"s Account). The Service Provider reserves the right to change the fees anytime in its sole discretion without providing a prior notification to the Customer.
The Customer agrees that any applicable fee amount due by the Customer in accordance with these Terms and Conditions will be deducted from the Customer"s Account and settled immediately after the corresponding operation is completed. Use of the Services means that the Customer agrees to pay all applicable fees, including any changes that may be made by the Service Provider from time to time. The updated fees will be available on the Website in the section “Fees” (or in the section “Fees” in your Account). The Service Provider may at its discretion determine fees for Services provided that are not included in these Terms and Conditions.
The Service Provider reserves the right to determine special fees or increase the indicated fees if performance of the respective Services requires extra work or causes unforeseen expenses. The Customer shall reimburse the Service Provider for all expenses incurred by the Service provider arising from execution of Customer"s instructions.
The Customer agrees that the Service Provider may refuse to execute an operation, if the Account of the Customer has insufficient funds to cover applicable fees.
According to these Terms and Conditions the Customer"s operations may be subject to currency conversion and the Customer may be charged accordingly a currency conversion fee. The Service Provider shall apply the exchange rates that are available on the Website. Changes in these exchange rates may be applied immediately and without notice.
In case of delay in performance of an obligation or another breach thereof, the Customer pays the Service Provider a default interest and/or a penalty specified in the section “Fees”. Payment of penalties does not release the Customer from the duty to fulfil its obligations and is not counted as set-off towards reimbursement of loss.
The Customer"s Account will not expire and will remain valid until cancelled by the Customer or the Service Provider according to these Terms and Conditions.
The Service Provider reserves the right to suspend or terminate Customer"s Account and this Agreement at any time for any of the following reasons:
The Service provider may suspend or close Customer"s Account and terminate the Agreement for any reason whatsoever by notifying the Customer at least 30 (thirty) days in advance.
The Customer agrees not to misuse the Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that the Service Provider offers.
The Customer agrees that will not use the Services in connection with illegal products and/or services, for transactions with sanctioned counterparties, or any other activity that is in violation with any applicable law or regulation.
The Customer agrees that the Customer will not work around any technical limitations in the software provided to the Customer as part of the Services, or reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits.
The Customer may not do any of the following while accessing or using the Services:
All operations are non-refundable, irrevocable and cannot be changed once completed (unless it is otherwise provided in these Terms and Conditions). The Customer should give the Service Provider precise and correct payment instructions. The Service Provider is not liable for the outcome of any operation that was performed based on the incorrect information provided by the Customer.
The Customer may only cancel a transaction request, if such cancellation occurs before the Service Provider executes the operation. The Customer may not change, withdraw, or cancel its authorisation for the Service Provider to complete such transaction once the transaction request has been executed.
All information on Customer"s operations and fees charged by the Service Provider is available in the Customer"s Account. If the Customer identifies any irregularities on the Account, or any clarification is needed, the Customer should as soon as possible notify the Service Provider about that.
Particular operations may be subject to additional confirmation. The Service Provider shall not perform such operations until such confirmation is received.
In order to claim a refund for an unauthorised or incorrectly executed operation on the Customer"s Account, the Customer must notify the Service Provider without undue delay after becoming aware of the unauthorised or incorrect operation and in any event no later than thirteen (13) months after the debit date of the operation.
The Customer will be always required to deposit sufficient funds to the Account in case the Account balance is negative (due to payment reversals, chargebacks, applicable fees etc.). Repayment of a negative account balance is due immediately without a prior notice from the Service Provider.
The Service Provider has the right to remind the Customer on its due amounts or to take other debt collection measures that the Service Provider finds appropriate, including but not limited to debt collector or solicitor involvement, or pursue the claim in applicable court according to these Terms and Conditions. The Customer shall be liable for the expenses that reasonably occur in connection with debt collection or any other enforcement efforts, including reasonable legal fees.
The Customer must ensure that its request complies with the applicable regulation, these Terms and Conditions and other relevant requirements or practices applicable to that request.
The Customer is aware that operations may be delayed due to some bank verifications and checks.
Due to many factors that are involved in the operation evaluation, the Service Provider reserves the right to refuse any operation request or to limit it, or freeze any funds, or refuse to accept funds for any reason, or for no reason at all, in Service Provider"s sole discretion, in particular if the Service Provider considers such measure to be required or beneficial for the protection of the Customer. The request may not be executed if the request is not fully funded.
The Customer may apply to the Service Provider for correction(s)/cancellation of the operation submitted to the Service Provider. Nonetheless, we do not guarantee that Customer"s request will be corrected or cancelled. If the operation has not been executed yet, the Service Provider shall ensure correction of the operation as requested by The Customer. If the Customer wishes to correct the operation that has already been executed, the Service Provider shall, to the extent possible, contact the beneficiary"s or correspondent bank to request corrections in the executed operation; however, there is no guarantee that these corrections will be made.
The funds can be deposited to the Customer"s Account using one of the available methods provided on the Website. Some of the offered methods may not be available to the Customer due to various reasons (location of the Customer, payment system operator restrictions etc.).
The Customer is allowed to deposit Funds to the Account and for withdrawals from the Account only trough payment instruments that are verified by the Service Provider and belong to the Customer. The Service Provider reserves the right to request any additional information or clarification if needed.
The Customer may at any time request a fund withdrawal from the Account using the available payout methods. The Customer has to provide only correct and complete information to the Service Provider. Applicable fees shall be deducted from the Customer for the recovery of funds.
The Customer is aware that any operation, including the deposit and withdrawals of the funds from the Account, is subject to the limits of the Account set by the Service Provider.
The Customer may terminate the Agreement at any time. For termination of the Agreement please contact us. Your Agreement will terminate no later than one calendar month after the day on which the Customer contacted the Service Provider.
If there are any outstanding fees or if the Customer owes the Service Provider funds in accordance with the Terms and Conditions, the Customer will be required to pay this debt to the Service Provider immediately.
The Service Provider processes Customer"s personal data in order to provide the Services. The information on processing of personal data and all related matters are provided in the Privacy notice, that is an integral part of these Terms and Conditions and is available for the Customer at the Website.
The Customer shall contact the Service Provider regarding any issue or complaint related to the Services. The Customer shall provide all necessary details regarding the complaint. After the complaint is received, the Service Provider shall investigate and respond to the Customer no later than 15 (fifteen) business days after receipt. In complex cases and exceptional situations, if a reply cannot be provided within 15 (fifteen) business days, the Service Provider shall inform the Customer and send a provisional reply to the Customer, indicating the reasons for the delay in the answer to the complaint and specify the period in which the Customer will receive a final answer. The deadline for the final reply to the complaint shall not exceed 30 (thirty) days.
The Customer has the right to complain to the Financial ombudsmen (https://rf.gov.pl/en/) in case the complaint filed was dismissed by the Service Provider.
Any dispute between the Service Provider and the Customer shall be resolved by way of negotiations. In case the Service Provider and the Customer are not able to resolve a dispute in an amicable way in 30 (thirty) days" time, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be resolved by binding arbitration at the Polish Chamber of Commerce. The venue of any arbitration commenced under this section shall be in Warsaw, Poland. Arbitration shall take place in English before a single arbitrator who is a practicing commercial lawyer licensed in Poland.
The Customer shall be liable for and shall reimburse the Service Provider for all reasonable attorneys" fees and other costs and expenses paid or incurred by the Service Provider in the enforcement of this Agreement, or in collecting any amounts due from the Customer hereunder or resulting from any breach of any of the provisions of this Agreement by the Customer.
In addition and without prejudice to the powers, rights and remedies conferred on the Service Provider herein and by any applicable law and statutory regulations, the Customer agrees to defend, reimburse, or compensate the Service Provider and hold the Service Provider harmless from any claim, demand, expenses or costs that the Service Provider incurs or suffers due to or arising out of the Customer"s breach of these Terms and Conditions, breach of any applicable laws or regulations, and/or use of the Services. The Customer shall be liable for any loss caused by Customer"s actions, negligence, fraudulent activities, provision of false/incorrect information, or misleading of the Service Provider.
To the maximum extent permitted by applicable law, the Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including any loss of profits or revenues, goodwill, or other intangible losses. In no event shall the aggregate liability of the Service Provider exceed the amount the Customer paid to the Service Provider, if any, in the past 6 (six) months for the Services giving rise to the claim.
The Customer bears the sole responsibility to determine if his operations under these Terms and Conditions have tax implications for the Customer in the Customer"s jurisdiction. By using the Services and to the extent permitted by law, the Customer agrees not to hold the Service Provider liable for any tax liability associated with or arising from the Customer"s use of the Services.
The Service Provider is not liable for failure to fulfil its obligations, if such failure is caused by an obstacle outside of Service Provider"s control and if it could not be reasonably expected that the Service Provider may foresee occurrence of such obstacle during the period of establishing of obligations or overcome this obstacle or its consequences.
The Service Provider may unilaterally amend these Terms and Conditions and any additional terms and conditions applicable to the Services. The Service Provider shall notify the Customer about amendments to the Terms and Conditions and any additional terms and conditions applicable to the Services by placing them at the Website in at least 10 (ten) days prior to their effective date (in cases where a longer notification period is required by applicable regulations, such notification period will be observed). The Service provider may not observe the term for prior notification, if these amendments are made in favour of the Customer, don"t reduce the Customer"s rights, or increase Customer"s responsibilities, or for other sound reasons such as requirement of applicable laws, relation to added new services.
If the Customer continues to use the Services after the amendment entered into force, it shall constitute the Customer"s consent to such amendments. If the Customer does not agree with the amendments to the Terms and Conditions, the Customer may terminate the Agreement at any time in accordance with the Terms and Conditions.
The Customer or any of its successors may not assign this Agreement, or any rights hereunder, directly or by operation of applicable regulation, without the prior written consent of the Service Provider. The Service Provider may assign any of its rights or obligations hereunder without prior notice or consent of the Customer.
No person other than the Customer shall have any rights under these Terms and Conditions.
Subject to applicable laws and regulations, the Service Provider may outsource any part of the Services it provides under these Terms and Conditions to third parties.
The Customer must maintain at least one valid e-mail address and phone number, so that the Service Provider is always able to reach the Customer. The Service Provider shall not be liable for any loss that may arise if the Customer fails to do so. The Customer must regularly check his communication means to stay updated and in contact with the Service Provider.
The Customer shall notify the Service Provider without undue delay of any circumstances related to this Agreement, including changes in provided information, loss or theft of any identification documents and/or Customer"s Account credentials.
In case of any questions and suggestions the Customer can contact the Service Provider by email info@fynox.pl or using any other contacts of the Service Provider indicated on the Website.