Terms of Service for ImperialPay

• 1. Preamble

The Terms of Service for „ImperialPay” as a payment method defines the rights and obligations of the parties in connection with transactions made within online services where the account holder decides to include such functionality and the recipient decides to use it. The entity providing the ImperialPay service is Imperial Pay Sp. z o.o. with its registered office in Poland, Hajnówka, ul. Kwiatowa 9. Contact with the service provider is available at the following email address: office@imperial-holding.xyz. For the purposes of these terms and conditions, the service provider will be referred to as the „Administrator”.

• 2. General Provisions

For the sake of simplicity in applying these terms and conditions, the terms „Seller” and „Buyer” (i.e., „Users”) are used to reflect the roles of parties in economic transactions for which the Administrator provides the service of making a payment method available. It should be noted, however, that this is a technical functionality and the relationship of the parties may differ from the above designation, which means that not every transaction will be a purchase/sale, but can also include other types like donations. The terminology above is maintained for the clarity of the terms and conditions. Definitions: Administrator – ImperialPay; API – is a set of rules enabling data transfer between applications; Seller – an entity that is a natural person, legal person, or an organizational unit without legal personality, offering products (goods or services), which allows for the acceptance of payments in cryptocurrencies through the ImperialPay service or another entity that uses the service as a payment method; Cryptocurrency – means payment tokens in circulation on cryptocurrency exchanges. Buyer – an entity that is a natural person, legal person, or an organizational unit without legal personality, sending funds in cryptocurrencies using ImperialPay functionality; Products – goods or services offered by the Seller; KYC/AML – a set of actions, as a result of which information about a particular user is obtained. These actions are taken in order to determine the appropriate scope of financial security measures for specific economic relations or transactions and to assess the risk associated with anti-money laundering and terrorist financing, taking into account certain types of risk; User – a person using ImperialPay; Fiat currency – legal means of payment, issued by the appropriate state or international institution; In interpreting the provisions of the terms and conditions: References to „Paragraph”, „Subparagraph”, „Point”, „Letter” are references to the editorial unit of these documents; Headers are for order only and may influence the interpretation and interpretation of the terms and conditions only in a subsidiary manner; A reference to a document is a reference to the appropriate document together with all its subsequent amendments or modifications, unless otherwise results from the content of the reference; In the terms and conditions, except where the context requires otherwise: words denoting one kind include all kinds, words denoting the singular also include the plural, and words denoting the plural also include the singular, words beginning with a capital letter are given the meaning defined in paragraph 2.3. of the terms and conditions.

• 3. Subject of the ImperialPay service

The subject of the ImperialPay service is a functionality allowing the sending and receiving of payments (so-called payment method). Through the ImperialPay service, the Buyer has the opportunity to pay for products offered by the Seller in the cryptocurrency preferred by the Buyer, whereas the Seller – to receive payment in the cryptocurrency of their choice. The Administrator will not at any point take possession of Fiat Currency, nor will he provide a service of transferring Fiat Currency between the Seller and the Buyer. The ImperialPay functionality can only be used in the context of cryptocurrencies. To sell the acquired cryptocurrencies, it is necessary to use another service not available within ImperialPay.

• 4. Terms of use for the ImperialPay service

The ImperialPay functionality is available as one of the additional services provided within https://imperial.deals. Access to the ImperialPay service is possible through the use of a public key and a private key – the private key enables authorizing communication with the Administrator’s server, which is why the private key should be protected from third-party access. For the Seller to use this service, it is necessary to go through the KYC/AML procedure contained at https://p2p.imperial.deals. After doing this, you need to go to your profile on this Service and in the ImperialPay tab, fill out the available form. After the Administrator accepts the form, you receive a public key and a private key, which should be used for communication based on the Administrator’s API service. The Seller can then add the functionality in this way to their service and use it as a payment method. Access to the ImperialPay service is possible for the Buyer if they see such a payment method on the Seller’s site. The Buyer must have an account at https://imperial.deals/. In the profile, the user can generate a one-time code, which is then used to make a payment to the Seller. The Seller declares that: they are aware of the way cryptocurrencies are taxed in the country in which they operate, including that, as a rule, receiving payment in cryptocurrencies for products does not exempt from the obligation to pay taxes and the tax may not be a capital gain paid once a year, but on a current basis according to the way the activity is taxed; in case of any doubts regarding tax issues, they will contact a tax advisor to correctly pay public-law liabilities; they act on their own behalf and for their own account, and in particular they are not an entity and do not act on behalf of a person or entity who is a citizen or resident of countries whose law restricts or prohibits participation in processes related to cryptocurrencies; they have familiarized themselves with the scope of services provided by the Administrator, and have also obtained all necessary information and data, which they consider sufficient to make a decision to accept these regulations and has extensive knowledge in the functioning, use or utility of software based on blockchain technology; they are aware of how ImperialPay works as only a functionality being a payment method and that the Administrator is not a so-called obliged institution in relation to the Seller’s customers (i.e., Buyers) in terms of the economic relationship in which the Buyer and Seller appear; in connection with the conclusion of a contract with the Administrator, under which the transfer of cryptocurrency units to the Seller from the Buyer takes place, the Seller receives an equivalent performance, which establishes that the Seller does not have additional claims, including those arising from any transaction fees or exchange rate changes of the transferred cryptocurrencies.
they accept the provisions of these regulations in their entirety, without reservations or additions. In connection with the conclusion of a contract with the Seller, the Administrator verifies him/her, applying the KYC/AML procedure, determining verification levels and necessary documents for it. In accordance with legal requirements, the Administrator re-verifies the Seller in the event of the need for his/her verification, according to the internal security procedure. Additional verification may involve the need to send other documents confirming the identity of a particular Seller. The agreement is concluded for an indefinite period. The User may terminate the agreement by sending an e-mail to the Administrator’s address. The Administrator may retain data necessary for identification in case of claims or inquiries from authorized bodies. The User undertakes to use the ImperialPay service in accordance with its purpose, applicable regulations, social and customary norms and the provisions of these regulations, in particular to use the ImperialPay service only for payments for products (offers of these products) in accordance with generally applicable laws, not infringing the rights of third parties and not misleading users. The User is obliged to protect all his/her passwords, logins and private keys enabling access to the transferred cryptocurrencies, from third party access and is subject to a ban on delivering unlawful content. Any consequences arising from third parties acquiring passwords, keys or other data enabling access to cryptocurrencies belonging to the User do not generate liability on the part of the Administrator. The Administrator does not process or retain access data enabling the management of cryptocurrencies transferred to the Seller, i.e. located outside the Imperial Wallet functionality, including the Seller’s private keys, in the event that the Seller withdraws them to a private wallet. The Seller is obliged to protect the aforementioned access data, as in the event of their loss, the Administrator is unable to recover them. The Administrator reserves the right to terminate the contract for an important reason in an immediate manner, in particular in the event of a breach of significant provisions of these regulations, which are considered, in particular, to be the dissemination of information adversely affecting the Administrator’s activity, and also in the event of suspicion of the User committing a crime, in particular in the field of money laundering and terrorist financing, or against property (fraud and others). The terms on which the purchase/sale action is performed between the parties to the transaction, using ImperialPay functionality as only a payment method, may be regulated by a separate Regulation provided by the Seller in his Service. The implementation of cryptocurrency transfer occurs automatically and instantly, although in case of any failures this time may be extended.

• 5. Technical Requirements

In order to use the service, the User should have devices enabling the use of the Internet, connection to the Internet, a browser enabling the display of www pages, e.g., Internet Explorer versions 5.5 and higher, or Opera versions 7 and higher, or Firefox versions 1 and higher, or Google Chrome version 5.0 and higher, or Safari 5 or higher, with enabled cookies support, supporting SSL encrypted connections and JavaScript, have an active email account for using individual services, and a program reading PDF (Portable Document Format) files. The Administrator reserves the right to make changes in the technical requirements of the service. The Administrator is not responsible for the Seller’s, or his customers, i.e., Buyers’ failure to adapt to the technical requirements listed in the regulations. The Administrator notes that the use of the service may be associated with technical risks typical for the use of IT systems. Users should protect their electronic connections and devices against unauthorized access, including, in particular, installing antivirus software. The Administrator ensures the User’s use of the service in a way that prevents unauthorized persons from accessing the content of the service, in particular by using cryptographic techniques suitable for the characteristics of the service provided.

• 6. Sanctions and complaints

Violations of the provisions of these regulations may result in the termination of the service agreement. Users of the ImperialPay service can file complaints to the Administrator’s email address. The complaint should include: identification of the person or entity making the complaint; indication of the transaction concerned (who was the Buyer and who was the Seller); the service where the transaction took place; date and time of the transaction; description of the problem (what the complaint is about). The Administrator provides information on the consideration of the application electronically within 30 (in words: thirty) working days from the day of its receipt. The response to the application will be sent to the person filing it to the address provided by them in the application. The Administrator reserves the right to extend the above deadline by a maximum of another 30 (in words: thirty) working days in case the application requires additional information or encounters obstacles independent of the Administrator, in particular such as equipment or Internet network failures, or the occurrence of force majeure in the broadest sense. The Administrator also reserves that the consideration of the application may require obtaining additional explanations from the person making it – each time the period for considering the application is extended accordingly. Sending an application in electronic form by the person making it is equivalent to consenting to receiving a response from the Administrator in electronic form.

• 7. Final Provisions

The Administrator has the right to change the regulations, in particular to adjust the regulations to the current legal status or to the introduced functionalities. The Administrator will inform about changes to the regulations in a visible place or through an electronic message sent to Users. Lack of objection to the changes will mean their acceptance. Lack of legal basis or incompleteness of any clause contained in these Regulations does not mean that the entire Regulations lose their legal force. These provisions are changed to those that most accurately reflect its sense and purpose of the previous provisions. The User is obliged to determine how and according to what law taxation will occur, in connection with the use of ImperialPay services and to the possible payment of public law liabilities to the relevant tax authorities. The Administrator is not responsible for the incorrect tax settlement of individual Users, due to the use of the ImperialPay service. The provisions of these regulations and any disputes between the Administrator and the User are subject to the laws of the country where the Administrator’s headquarters is located and the jurisdiction of the courts competent due to the Administrator’s headquarters, unless this is unacceptable under local law because the User has consumer status, then disputes will be resolved by the Court competent in terms of location and subject matter, in accordance with the provisions of the applicable law. The User acknowledges and accepts that the Administrator may transfer the rights and obligations arising from the implementation of the provisions of these regulations to another entity, person or third parties, or changes to the Administrator’s company by which the services are provided. This does not relieve the previous Administrator of joint liability for obligations towards the User. In matters not regulated in these Regulations, especially in the area of personal data protection and KYC/AML, the provisions contained in the Regulations and the Privacy Policy https://imperial.deals/ are applicable accordingly. The Administrator has the right to temporarily or permanently cease or limit the provision of services. In particular, the Administrator is authorized to carry out works aimed at restoring the security and stability of the teleinformatics system.