OTC APPLICATION TERMS AND CONDITIONS​

• 1. Subject of the terms and conditions

1. OTC is an online application operated by the Service Provider at https://p2p.imperial.deals/, through which it is possible to handle cryptocurrency exchange. The terms and conditions specify the rights and obligations of using the application.
2. The User, by accepting the Terms and Conditions, declares that they are aware that the Service Provider does not provide any payment, financial or investment services, in particular does not participate in the trading of securities and other financial instruments.
3. An absolute condition for using the Services is to have an active User Account and the User’s account on the Platform and logging into the User’s Account.
4. The User is aware of the possibility of the Service Provider using security measures specified in § 4, as well as the requirements set for him, especially when the User is also an obligated institution (a partner providing virtual currency services), in connection with which he should particularly comply with § 4 paras. 6 and 7.

In connection with activity in the cryptocurrency market, the User is obliged to:

1. especially ask buyers of cryptocurrency whether they are not in contact with any advisor/broker or another person who recommends them to make any payment to any investment platform, or to transfer their funds to someone to secure them (so-called police fraud methods and similar).
2. not to accept payment to a bank account for cryptocurrency when making a transaction without the simultaneous presence of the other party to the transaction due to a high risk of fraud.

• 2. Definitions

1. Account or User Account – Service functionality available to the User after Registration and after logging in User using authentication data, containing a set of data related to a given User.
2. OmegaStableCoin (oPLN and others as appropriate) and Imperial Denar (Denar) – cryptocurrencies used by the Service Provider to fulfil its obligations towards Users, with OmegaStableCoin designated as PLN° (omegaPLN) and EUR° (omegaEUR) and possibly others correspondingly as stablecoins, whose value is linked at a 1:1 ratio with, respectively, Polish zloty (PLN) and euro (EUR) and others correspondingly, and Imperial Denar (Denar) have a variable value dependent on the current market situation, not determined by the Service Provider directly.
3. Operator – this is to be understood as the Exchange Operator according to the Exchange Rules https://p2p.imperial.deals/terms
4. Platform – this is to be understood as the online service named Imperial operated by the Operator available at https://imperial.deals/
5. Terms and Conditions – this is to be understood as these Terms and Conditions available in the Service
6. Service or Application – online application named OTC run in the software as service formula run online by the Service Provider at https://p2p.imperial.deals/
7. Services – this is to be understood as paid services provided by the Service Provider for the User electronically, in particular exchanging fiat currencies for appropriate OmegaStableCoin;
8. Service Provider – this is to be understood as Imperial PAY Limited Liability Company with its registered office in Hajnówka, Kwiatowa 9, 17-200 Hajnówka, Poland, Tax Identification Number: 6030082431, registered in the Register of Entrepreneurs maintained by the District Court in Białystok, XII Commercial Division under the number KRS: 0001038671, with the share capital of 5,000 PLN paid in full.
9. AML Act – this is to be understood as the Act of March 1, 2018 on counteracting money laundering and terrorist financing (Journal of Laws 2018 item 723) implementing the Directive of the European Parliament and the Council (EU) 2015/849 of May 20, 2015 on the prevention of the use of the financial system for money laundering or terrorist financing and repealing the Act of November 16, 2000 on counteracting money laundering and terrorist financing.
10. User – this is to be understood as a natural person with full capacity to perform legal acts or an entity with full capacity to perform legal acts, on behalf of which the Service Provider provides Services via the Service and who has a User Account.
11. Virtual Currencies or Cryptocurrencies – this is to be understood as virtual currencies within the meaning of the provisions of the Act on Counteracting Money Laundering and Financing Terrorism of March 1, 2018, which virtual currencies are offered for exchange in the Service. The type of Cryptocurrencies offered by the Service Provider for exchange in the Service is limited by the Service Provider.
12. Wallet – a virtual wallet where cryptocurrencies can be collected, which wallet (wallets) within the OTC is not managed by the Service Provider, but by the Operator.

• 3. Using the Services

1. The services are performed exclusively after logging into the User Account. The condition for the User to use the Service is to create an Account and to have an unblocked, active, and verified account with the Exchange Operator. A User who has a blocked User Account in connection with anti-money laundering and terrorist financing procedures cannot use the Services. The User undertakes to keep the account access data confidential and to protect them from access by unauthorized third parties. The User will immediately inform the Administrator in case of receiving information about unauthorized third parties acquiring access data to the Account and, as far as possible, the User should immediately change them.
2. The Service Provider provides Users with a paid Application for exchanging Cryptocurrencies for traditional currencies and traditional currencies for Cryptocurrencies. The Application enables the User to exchange with another person chosen by him: Cryptocurrency for the Polish currency – złoty, euro or US dollar, and the Polish currency – złoty, euro or US dollar for Cryptocurrency. The person with whom the User makes a transaction is not obliged to have an Account in the Service. The Service Provider declares that neither he nor the Service at any stage of the exchange act as an intermediary in the exchange, nor are they a party to the exchange. The Service Provider also does not match Users in terms of making transactions. The Service Provider is not responsible for transactions made by Users. The User makes the exchange with another entity using the Service in accordance with his preferences and arrangements. The Service Provider does not interfere in transactions made by the User and in the choice of the person with whom the User makes the transaction. The User undertakes that all exchange transactions will be made in accordance with the applicable law. The Service Provider is not responsible for unlawful transactions made by the User. The use of services described in this paragraph is paid, the amount of fees is displayed in the Application before the transaction is made.

3. Regardless of the Service described in paragraph 2, the User may:
4. a) Make a paid exchange of the Polish currency – złoty, euro or US dollar for the corresponding OmegaStableCoin. The time to execute the service is up to 2 business days, although it depends on the time of crediting the payment funds to the Service Provider’s account.
   b) Make a paid exchange of the corresponding OmegaStableCoin for the Polish currency – złoty, euro or US dollar. The time to execute the service is up to 2 business days.
5. The User may only make the exchange described above using the User’s bank account. Inconsistency between the User’s data and the sender of the transfer makes the exchange impossible. The issuance of an appropriate number of units of the appropriate OmegaStableCoin takes place on an account managed by the Operator, which is not managed by the Service Provider, and the User agrees to transfer OmegaStableCoin to an account managed by the Operator. The User declares that he/she is aware that making an exchange using the Service is irreversible. The User may not use the Service to provide so-called illegal content, especially for conducting transactions related to money laundering or financing terrorism.
6. In connection with the exchanges made as part of the use of the Services, a User who does not use the Service as part of their economic activity (i.e., as Imperial OTC – https://p2p.imperial.deals/) will obtain funds as part of the utilized exchange rate differences. The funds obtained are referred to as Commission. The Commission is not paid from any entity and constitutes funds left to the User after the transaction. Commissions are specified in Imperial Denar tokens and are on the User’s Wallet, which is managed by the Operator.
7. Each time by accepting the exchange conditions, the User simultaneously requests the complete execution of the contract before the expiration of the 14-day period for withdrawal from the contract, counted from the day of concluding the contract, i.e., carrying out the exchange, which means that the User is not entitled to withdraw from the contract for the provision of Services.
8. The User, in special cases and after agreement with the Service Provider, may use the service described in paragraph 2 above with a so-called deferred payment term, up to a maximum period of 3 days from the day of service provision. However, to secure all the Service Provider’s enforceable claims against the User resulting from non-performance or improper performance of the obligation resulting from the concluded service usage agreement, in particular, payment for the use of the Service (or the price for purchasing the token), the User will previously hand over to the Company in an agreed manner his own blank promissory note according to the template proposed by the Service Provider, which will also be guaranteed by at least one person. The promissory note will then be completed by the Company in accordance with the principles set out in the bill of exchange declaration, which, after being signed, will be delivered to the Service Provider together with the promissory note.

1. The User’s use of the Service is dependent on having a device with internet access and containing the necessary software meeting the minimum technical requirements necessary to display the Service, i.e., properly installed and configured, up-to-date internet browser supporting HTML5 standard and Cascading Style Sheets (CSS3) technology, e.g., Google Chrome, Mozilla Firefox, Opera, Microsoft Edge, Internet Explorer; enabled JavaScript and cookie support (usually enabled by default in the browser); active Internet connection allowing bidirectional communication via HTTPS protocol; for mobile devices: original Android system version not less than 5.0 or original iOS system version not less than 10.0.
2. The User has the right to use the Service only in accordance with its purpose and on the terms described in the Regulations, within the limits of the law and good manners applicable to the information society, respecting the rights and personal goods of other people. The User is particularly obliged to:

1. not take actions that may cause disruption, malfunction, or interruption of the Service;
2. not misleading Service Users and the Administrator, e.g., by providing false information;
3. refrain from acting in bad faith, illegal activity, abusing the functionality of the Service, using the Service contrary to its purpose and against the Regulations;
4. abstain from carrying out transactions in circumstances that raise justified suspicion that they are the subject of a crime of money laundering or financing of terrorism.
5. The Service Provider informs that investing in Cryptocurrencies, including providing Services, carries the risk of losing the value of the invested financial resources. At the same time, the User declares that they have read the PFSA (Polish Financial Supervision Authority) announcement available at: http://www.knf.gov.pl/komunikat_mobilny?articleId=57363&p_id=18
   11. The Service, including in particular any source codes, graphic signs, constitutes a work within the meaning of the Copyright and Related Rights Act, and any copying, distribution, and use without the consent of the Administrator is prohibited.

• 4. Security measures

1. The Service Provider reserves the right to interruptions in providing Services and the right to refuse to provide Services in case of important circumstances preventing their provision, i.e., technical obstacles, security reasons, in case of the User’s non-compliance with the Application Regulations and the Operator’s Regulations, including for reasons of applying financial security measures on the basis of the AML Act.
2. The Service Provider is an obligated institution within the meaning of the AML Act and, in accordance with the provisions of the AML Act, applies financial security measures and exercises due diligence in performing actions and fulfills the obligations arising from the AML Act. The Service Provider, in connection with the application of the AML Act, has the right to refuse to make an exchange, suspend the exchange until the appropriate documents are provided, and even block the transaction in case of suspicion of money laundering or financing terrorism or suspicion of committing another crime using the blocked funds. In such cases, the
3. Service Provider notifies the appropriate authorities of a suspicion of a crime. If the User suspects that an event of this type has or may have occurred with their participation, they are obliged to inform the Service Provider about this by e-mail at support@imperial.deals
4. The Service Provider, in connection with the application of the AML Act, has the right at any time to, among other things, demand from the User to present appropriate documents for the purpose of identifying and verifying the User’s identity, request to present documents concerning the sources of origin of any property values at the User’s disposal. The Service Provider has the right to carry out all kinds of verifications also during video conferences and by correspondence or email, and the User is obliged to comply with this demand.
5. The User, in case they do not act as an obligated institution (is not a partner providing virtual currency services), is still obliged to exercise the utmost care in all their activities related to the purchase and sale of cryptocurrencies.

6. The User, in case they act as an obligated institution (is a partner providing virtual currency services), understands that in the context of fulfilling their AML obligations, they must pay particular attention to:
   – Identification and verification of users;
   – Identification of the beneficial owner;
   – Assessment of business relations and obtaining information about their purpose and intended nature in appropriate situations;
   – Ongoing monitoring of their customers’ business relationships, including analyzing transactions, examining the source of origin of property values, and updating documents, data, and information;
   – Ongoing analysis of transactions (not only within the framework of business relations);
   – Conducting risk analysis;
   – Noting discrepancies between identified persons in the Registers and those identified as beneficial owners;
   – Documenting all of the above activities.
7. In accordance with the regulations from par. 4, the User referred to in par. 6 is fully responsible for not providing documents, data, and information to the Service Provider, especially in case this is justified by an ongoing inspection. At the same time, the Service Provider provides necessary support for such a User and can continuously provide them with all necessary advice, guidelines, and explanations regarding the activity conducted in the context of the AML Act.

• 5. Complaints

1. The Service Provider accepts complaints electronically via email to support@imperial.deals.
2. When submitting a complaint, the User should provide their full name, as complete a description of the subject of the complaint as possible, including the subject of the provided Service, the circumstances of providing the Service, the date of the Service, a request related to the consideration of the complaint, and the way in which the Service Provider should respond to the complaint.
3. If the User requests the sending of the complaint in written form, the User is obliged to provide the address to which the written response to the complaint should be sent. The Service Provider is obliged to respond to the User’s complaint within 14 days from the day of its receipt.
4. The Service Provider sends the response to the complaint on paper to the address provided by the User or electronically, depending on the form of submission of the complaint or the User’s choice.

1. Under the Regulation of the European Parliament and Council No. 524/2013 of May 21, 2013 on an online consumer dispute resolution system and amendment of Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes), the User has the right to use the platform of the online dispute resolution system (ODR platform). The ODR platform is available at the following internet address: http://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

• 6. Final Provisions
  1. The Service Provider reserves the right to change the Terms of Service at any time. The content of changes and information about the change in the Terms of Service will be sent to the User via an email message to the User’s address provided in the Service or will be communicated to the User in the Service.
  2. Unless the absolutely applicable laws provide otherwise, the law applicable to contracts between the User and the Service Provider is Polish law. The choice of Polish law does not deprive the User of the protection granted to them under the provisions that cannot be excluded by agreement, under the law that would be applicable in the absence of choice of law.
  3. The User may at any time stop using the Services. Each of the Parties may terminate the agreement for the provision of Services based on these Terms of Service by sending a statement to the email address of the other Party on the termination of the agreement for the provision of Services based on the Terms of Service.
  4. The Service Provider has the right to transfer any of its rights and obligations arising from the Terms of Service to any entity at any time, to which the User agrees. The User may not transfer any of their rights or obligations arising from the Terms of Service to another entity. The transfer of the Service Provider’s rights does not release him from liability towards the User. The Parties reserve that the Operator may change, to which each of the Parties agrees and this also does not release him from liability towards the User.
  5. The Service Provider processes the User’s personal data on the terms described in the Privacy Policy. By accepting the Terms of Service, the User declares that they have read the Privacy Policy. The Privacy Policy document is available on the website https://p2p.imperial.deals/
  6. In matters not regulated by these Terms of Service, the relevant provisions of Polish law apply. Any disputes arising in connection with the non-performance or improper performance of obligations arising from these Terms of Service or services related to the provision of Services will be resolved by a common court in accordance with the provisions of law, whereas in the case of a User who is an entrepreneur and is not a natural person running a business, the court locally competent for the Service Provider’s seat is appropriate.