(Updated 7th Oct 2023)
These Terms of Service (referred to as "Terms") establish a legally
binding agreement between Stvble Digital ("we" or "us") and you, or the
legal entity you represent ("you" or "your"). These Terms pertain to
your use of Our Services, encompassing, but not limited to OTC, e-OTC,
Stvble Pay, Stvble Card, Crypto-as-a-Service, and ancillary services
accessible on the Site
https://stvbledigital.com ("the Site"). By accessing, using, or endorsing any Services, declarations,
notifications, or pop-ups disseminated by Stvble Digital or its affiliates
through the website or any related services offered by Stvble Digital or
its affiliates (collectively, the 'Services'), you affirm that you have meticulously
read, comprehended, and embraced all the terms and conditions outlined in
this Terms of Service, referred to herein as 'the or these Terms' or 'Agreement,'
in conjunction with our Privacy Policy. These Terms are pertinent to all
individuals, users, and any other parties who access or use the Services.
By continuing to access this website and any other of the Services contemplated
here, you acknowledge and warrant that you are aware of the following:
- Stvble Digital is a regulated Virtual Asset Service Provider (VASP)
duly registered under Stvble Sp. z o.o. and authorized by the Polish
Tax Administration Chamber in Katowice to facilitate digital assets
exchange activities. However, it's important to note that this
accreditation does not provide assurance of the complete recovery of
all funds or digital assets in the event of a business failure by a
VASP.
- Before engaging in transactions involving digital assets, it is
imperative that you possess a thorough understanding of these
digital assets. This encompasses knowledge of how the digital asset
is created, as well as how it is transferred or stored by your
digital asset service provider.
- You should acknowledge that the value of digital assets can exhibit
significant fluctuations, and therefore, you should only invest in
digital assets if you are fully prepared to assume the substantial
risk of losing the entire sum you invest in such tokens.
- You should also recognize that, similar to any other asset, the
value of digital assets can experience both upward and downward
movements, with a substantial risk of financial loss associated with
buying, selling, holding, or investing in digital assets. Given your
financial circumstances, you should carefully assess whether
engaging in transactions or holding digital assets aligns with your
financial situation.
- Stvble Digital, as part of its regulated framework for providing
digital asset services, may offer services related to digital assets
that are advertised as having a stable value, commonly referred to
as 'Stablecoin.'
- Stvble Digital is not registered or licensed to operate in the
United States of America, and it cannot establish a trading
relationship with you if you are a resident, incorporated entity, or
have your principal place of business in the US.
Stvble Digital reserves the right, at our sole discretion, to amend any
part of these Terms at any time. We will publish the updated version
with a revised revision date, and your continued use of Stvble Digital's
services constitutes acceptance of the amended terms and conditions.
Stvble Digital encourages you to regularly review the Terms to maintain
a clear understanding of the terms and conditions governing your access
to and utilization of the Services, including the Privacy Policy, which
is incorporated into these Terms. If you do not agree with any such
changes, your only recourse is to discontinue your use of Stvble
Digital. We shall not be held liable to you or any third party for any
losses incurred as a result of any modifications or amendments to these
Terms.
Stvble Digital exclusively engages in digital asset trading with
pre-approved counterparties, conducted on a proprietary basis. When you
contact Stvble Digital, whether directly or through this website and its
associated Services, or when you express your intention to become an
approved counterparty with Stvble Digital, you are expressing your
interest in establishing a counterparty trading relationship with Stvble
Digital. This relationship is specifically for the purpose of trading
digital assets in your capacity as a principal and on a proprietary
basis. You undertake this action at your own discretion and assume all
associated risks. You also acknowledge and confirm your understanding
that your communications with Stvble Digital and/or the initiation of
the onboarding process on this website do not imply or indicate that you
are an approved counterparty of Stvble Digital or that any other form of
relationship, trading or otherwise, with the Company exists. Your
approval as a counterparty with Stvble Digital is contingent upon the
successful completion of all relevant Anti-Money Laundering/Know Your
Customer (AML/KYC) checks and processing. You acknowledge that Stvble
Digital is not obligated to approve your application to become an
approved counterparty or to establish any trading relationship with
Stvble Digital. All approvals are solely at the discretion of Stvble
Digital, and no explanations or justifications are required in the event
of an unsuccessful application. Furthermore, Stvble Digital reserves the
right to deny you any aspect of the Services that it deems, in its sole
and absolute discretion, to be incompatible with your investor profile.
This website and the Services offered herein are intended for and made
available exclusively to individuals and entities in jurisdictions where
the purchase, sale, and other forms of digital asset trading are not
legally prohibited.
You acknowledge and agree that you bear full and exclusive
responsibility for ensuring your compliance with all relevant laws and
regulations that may pertain to you. Furthermore, you understand and
accept that we are under no obligation to alert you to potential legal
liabilities or violations arising from your use of Our Service, and we
bear no liability whatsoever for any failure on your part to adhere to
applicable laws or regulations.
In conjunction with your use of Our Services, you are strictly
prohibited from:
- Violating or assisting any party in violating any law, statute,
ordinance, regulation, or rules established by any self-regulatory
or similar organization to which you belong or are required to
belong by using Our Services.
- Providing false, inaccurate, incomplete, or misleading information.
- Infringing upon the copyright, patent, trademark, or intellectual
property rights of Stvble Digital or any third party.
- Engaging in illegal activities, including but not limited to illegal
gambling, money laundering, fraud, blackmail, extortion, data
ransom, financing terrorism, other violent activities, or any
prohibited market practices.
- Distributing unsolicited or unauthorized advertising, promotional
materials, written media releases, public announcements, public
disclosures, junk mail, spam, or chain letters.
- Taking any action that unreasonably or disproportionately burdens
our infrastructure or negatively impacts, intercepts, or
misappropriates any system, data, or information.
- Transmitting or uploading any material to Stvble Digital that
contains viruses, Trojan horses, worms, or any other harmful or
deleterious programs.
- Transferring any rights granted to you under these Terms.
- Engaging in any other activity that, in our reasonable judgment,
constitutes or may constitute market abuse. This includes fictitious
transactions, wash trades, front-running, or any disorderly market
conduct.
- Engaging in any behaviour that is illegal, violates these Terms, or
is otherwise deemed unacceptable by Stvble Digital in its sole
discretion.
Our Service may include links to third-party websites or services that
are not owned or controlled by Stvble Digital. Stvble Digital has no
authority over, and assumes no responsibility for, the content, privacy
policies, or practices of these third-party websites or services. You
acknowledge that granting third parties permission to take specific
actions on your behalf does not absolve you of your obligations under
this Agreement. You are entirely accountable for all actions or
inactions of any third party who has access to your Stvble Digital
Account, and any actions by such third parties shall be considered as
actions authorized by you. Furthermore, you recognize and consent to the
fact that you will not hold Stvble Digital accountable for, and you
agree to indemnify Stvble Digital against, any liability arising from or
related to any actions or omissions of third parties with access to your
Stvble Digital Account or in connection with the use of or reliance on
any content, products, or services available through such websites or
services. We strongly recommend that you carefully review all the terms
and conditions and privacy policies of any third-party websites or
services that you visit.
When you register for an account on Stvble Digital, you are consenting
to provide the requested personal information for the purpose of
identity verification. This information is crucial for the detection of
money laundering, terrorist financing, fraud, and other financial crimes
on the Stvble Digital platform. We will handle, utilize, and share this
information in accordance with our posted Privacy Policy. In addition to
furnishing this information, to ensure compliance with global industry
standards for data retention, you grant us permission to retain a record
of this information for the duration of your account's existence plus an
additional five (05) years after account closure. You also authorize us
to conduct inquiries, either directly or through third parties, as
necessary to confirm your identity or safeguard you and/or us against
financial crimes like fraud. The identity verification information we
request may encompass, but is not limited to, your: Name, Email Address,
Contact Information, Telephone Number, Username, Government Issued ID,
Date of Birth, and other data collected during the account registration
process. By providing this required information, you affirm its accuracy
and authenticity. Following registration, you are responsible for
ensuring the information remains truthful, complete, and promptly
updated in the event of any changes. If there is reasonable doubt
regarding the accuracy, truthfulness, currency, or completeness of any
provided information, Stvble Digital reserves the right to issue a
notice requesting corrections, directly remove relevant information,
and, as applicable, terminate all or part of the Services provided to
you. You are solely and wholly responsible for any losses or expenses
incurred during your use of Stvble Digital's Services if you cannot be
reached using the provided contact information. You hereby acknowledge
and agree that you are obligated to keep all provided information up to
date in the event of any changes. By creating a Stvble Digital Account,
you are granting Stvble Digital the authority to conduct inquiries,
whether directly or through third parties, that Stvble Digital deems
necessary for identity verification or protection against fraud or other
financial crimes, and to take action that Stvble Digital reasonably
deems necessary based on the results of such inquiries. During these
investigations, you acknowledge and consent to the disclosure of your
personal information to credit reference agencies, fraud prevention
agencies, or financial crime agencies, and that these agencies may
provide complete responses to our inquiries. This is solely an identity
verification process and should not have any adverse impact on your
credit rating. Furthermore, we may require you to observe a waiting
period after completing a transaction before allowing you to utilize
additional Stvble Digital Services and/or participate in transactions
exceeding specific volume limits.
Our Service may include links to third-party websites or services that
are not owned or controlled by Stvble Digital. Stvble Digital has no
authority over, and assumes no responsibility for, the content, privacy
policies, or practices of these third-party websites or services. You
acknowledge that granting third parties permission to take specific
actions on your behalf does not absolve you of your obligations under
this Agreement. You are entirely accountable for all actions or
inactions of any third party who has access to your Stvble Digital
Account, and any actions by such third parties shall be considered as
actions authorized by you. Furthermore, you recognize and consent to the
fact that you will not hold Stvble Digital accountable for, and you
agree to indemnify Stvble Digital against, any liability arising from or
related to any actions or omissions of third parties with access to your
Stvble Digital Account or in connection with the use of or reliance on
any content, products, or services available through such websites or
services. We strongly recommend that you carefully review all the terms
and conditions and privacy policies of any third-party websites or
services that you visit.
When you register for an account on Stvble Digital, you are consenting
to provide the requested personal information for the purpose of
identity verification. This information is crucial for the detection of
money laundering, terrorist financing, fraud, and other financial crimes
on the Stvble Digital platform. We will handle, utilize, and share this
information in accordance with our posted Privacy Policy. In addition to
furnishing this information, to ensure compliance with global industry
standards for data retention, you grant us permission to retain a record
of this information for the duration of your account's existence plus an
additional five (05) years after account closure. You also authorize us
to conduct inquiries, either directly or through third parties, as
necessary to confirm your identity or safeguard you and/or us against
financial crimes like fraud. The identity verification information we
request may encompass, but is not limited to, your: Name, Email Address,
Contact Information, Telephone Number, Username, Government Issued ID,
Date of Birth, and other data collected during the account registration
process. By providing this required information, you affirm its accuracy
and authenticity. Following registration, you are responsible for
ensuring the information remains truthful, complete, and promptly
updated in the event of any changes. If there is reasonable doubt
regarding the accuracy, truthfulness, currency, or completeness of any
provided information, Stvble Digital reserves the right to issue a
notice requesting corrections, directly remove relevant information,
and, as applicable, terminate all or part of the Services provided to
you. You are solely and wholly responsible for any losses or expenses
incurred during your use of Stvble Digital's Services if you cannot be
reached using the provided contact information. You hereby acknowledge
and agree that you are obligated to keep all provided information up to
date in the event of any changes. By creating a Stvble Digital Account,
you are granting Stvble Digital the authority to conduct inquiries,
whether directly or through third parties, that Stvble Digital deems
necessary for identity verification or protection against fraud or other
financial crimes, and to take action that Stvble Digital reasonably
deems necessary based on the results of such inquiries. During these
investigations, you acknowledge and consent to the disclosure of your
personal information to credit reference agencies, fraud prevention
agencies, or financial crime agencies, and that these agencies may
provide complete responses to our inquiries. This is solely an identity
verification process and should not have any adverse impact on your
credit rating. Furthermore, we may require you to observe a waiting
period after completing a transaction before allowing you to utilize
additional Stvble Digital Services and/or participate in transactions
exceeding specific volume limits.
Trading digital assets, including stablecoins, and utilizing other
services offered by Stvble Digital carries substantial risks and the
potential for financial losses. These risks encompass technological
issues related to the underlying blockchains on which digital assets are
created and issued. These issues include, but are not limited to, hard
forks, network congestion, double-spend vulnerabilities, smart contract
breaches, code flaws, and more. Stvble Digital, in its discretion for
risk management, may temporarily halt transfers and trading of any
digital asset it deems susceptible to such threats. The risks outlined
here can result in the loss of digital assets, a decrease or total loss
of value, the inability to access or transfer digital assets, the
inability to trade digital assets, the inability to receive financial
benefits available to other digital assets, and various other financial
losses. You hereby acknowledge that these risks are beyond Stvble
Digital's control. Consequently, Stvble Digital bears no responsibility
or liability for such risks. You affirm and warrant that you possess (a)
the requisite technical expertise and capability to assess and appraise
the security, integrity, and functionality of any digital assets you
choose to acquire or trade; and (b) the knowledge, experience,
comprehension, professional guidance, and information necessary to
independently evaluate the advantages and risks associated with any
digital assets or trades. By utilizing the Services, you assume the risk
of trading digital assets and are accountable for conducting your own
autonomous analysis of the risks pertaining to the specific digital
assets and the Services.
You hereby acknowledge and consent to Stvble Digital's authority to
immediately suspend your account (including any accounts owned by
related entities or affiliates), freeze or lock the assets held in all
such accounts, and revoke your access to Stvble Digital. Such actions
may be taken for various reasons, including if Stvble Digital has
reasonable grounds to suspect that these accounts are in violation of
these Terms, our Privacy Policy, or any applicable laws and regulations.
You understand and agree that Stvble Digital's aforementioned rights
remain in effect even after the termination of any trading agreement or
association between you and Stvble Digital. Furthermore, you agree that
Stvble Digital will not be held liable for any losses you may incur as a
result of the permanent or temporary modification, suspension, or
termination of your Stvble Digital Account or access to any part of
Stvble Digital Services. Stvble Digital reserves the right to retain and
utilize transaction data and other information linked to these accounts.
The account controls mentioned above may also be enacted in the
following situations:
- When required by applicable law, regulation, court order, or any
governing authority in any jurisdiction, according to Stvble
Digital's reasonable judgment.
- When deemed necessary by Stvble Digital to protect its reputation.
- When there is reasonable suspicion of a breach of this Agreement.
- When unusual activity is detected within the account.
- When unauthorized access to the account is detected.
- When concerns arise about the accuracy of a transaction or the
security of your Stvble Digital Account, or if fraudulent or
unauthorized usage of Stvble Digital Services is suspected.
- When there are suspicions of money laundering, terrorist financing,
fraud, or other financial crimes.
- When your Stvble Digital Account is subject to pending litigation,
investigation, or government proceedings, or when there is a
perceived heightened risk of legal or regulatory non-compliance
related to your Stvble Digital Account activity.
- When you take actions that may circumvent our controls, such as
opening multiple Stvble Digital Accounts or abusing promotions
offered by us from time to time.
- When a court order or directive from a regulatory or government
authority necessitates such actions.
In the event of any of the above circumstances, Stvble Digital retains
the right to terminate your Stvble Digital Account and your approved
counterparty status, as well as permanently freeze (cancel) your account
and approval status. Termination of Services by Stvble Digital may occur
in the following circumstances:
- If Stvble Digital terminates Services to you.
- If the information provided by you is untruthful, inaccurate,
outdated, or incomplete.
- When these Terms are amended, and you expressly state your
unwillingness to accept the amended Terms.
- If you request the termination of Services.
- In any other circumstances where Stvble Digital deems it necessary
to terminate the services.
Should your Account be terminated, the Account and transactional
information required for meeting data retention standards will be
securely stored for at least 5 years. If Stvble Digital places an
administrative hold on some or all of your funds or Account, Stvble
Digital may continue such hold until the dispute is resolved, and
evidence of resolution acceptable to Stvble Digital is provided in a
form deemed acceptable by Stvble Digital. Stvble Digital will not be
involved in the dispute or its resolution, and you agree that Stvble
Digital will have no liability or responsibility for any such hold or
for your inability to withdraw funds or execute trades during the period
of the hold. If we refuse to complete a transaction, suspend, restrict,
or close your Stvble Digital Account, or terminate your use of Stvble
Digital Services, we will provide you with notice of our actions and the
reasons for refusal, suspension, or closure, unless it would be unlawful
to do so. We will also provide you with a procedure for correcting any
factual errors that led to the refusal, suspension, or closure. Once the
reasons for refusal and/or suspension no longer exist, we will lift the
suspension or complete the transaction as soon as reasonably
practicable. However, we are not obligated to allow you to reinstate a
transaction at the same price or on the same terms as the suspended,
reversed, or cancelled transaction. You acknowledge that our decision to
take certain actions, including limiting access to, suspending, or
closing your Stvble Digital Account, may be based on confidential
criteria essential for the purposes of our risk management and security
protocols. You agree that we are under no obligation to disclose the
details of our risk management and security procedures to you. You
further agree that Stvble Digital will not be held responsible, and you
will have no claim against Stvble Digital, for any losses, actions, or
claims of any kind or nature arising as a result of any steps, acts,
inaction, or omission taken in accordance with this provision.
Stvble Digital functions exclusively as a digital asset service provider
and does not serve as your broker, intermediary, agent, or financial
advisor. Consequently, Stvble Digital bears no fiduciary obligations or
responsibilities with respect to your trading activities conducted
through our Services. It is essential to recognize that any
communication or information disseminated by Stvble Digital, including
but not limited to our marketing materials, promotional content, or
social media communications, should not be construed as investment
advice, financial counsel, trading recommendations, or any form of
advisory service. All trade executions are automated, conducted
according to the parameters stipulated in your order instructions, and
adhere to our publicly available trade execution procedures. You are
exclusively responsible for assessing the appropriateness of any
investment, investment strategy, or related transaction based on your
individual investment goals, financial circumstances, and risk
tolerance. We strongly recommend seeking personalized legal or tax
guidance from qualified professionals to address your specific
situation. Stvble Digital refrains from endorsing or providing guidance
on the purchase, acquisition, sale, or retention of digital assets.
Prior to making any investment decisions related to digital assets, it
is imperative that you undertake thorough due diligence and consult with
financial advisors. Stvble Digital shall not be held accountable for any
decisions you make concerning the acquisition, disposition, or retention
of digital assets based on information provided by Stvble Digital.
Stvble Digital provides its Services and materials on an "as is" and "as
available" basis. We explicitly disclaim all other warranties, whether
express or implied, including merchantability, fitness for a particular
purpose, and non-infringement. We make no representation or warranty
regarding accuracy, completeness, reliability, or freedom from harmful
components. Stvble Digital does not guarantee order execution,
acceptance, recording, or continuity. You understand and agree that
Stvble Digital is not liable for losses or damages arising from
inaccuracies, defects, or omissions in digital currency price data,
errors or delays in data transmission, data availability interruptions,
or other users' actions, omissions, or breaches of this Agreement. To
the fullest extent permitted by law, under no circumstances shall Stvble
Digital, its affiliates, or their respective stakeholders, directors,
officers, employees, attorneys, agents, representatives, suppliers, or
contractors be liable for any indirect, special, punitive, or
consequential damages. This includes, without limitation, damages for
loss of data, information, revenue, or profits. However, this limitation
does not apply to damages resulting from Stvble Digital's gross
negligence, fraud, wilful misconduct, or intentional violation of the
law. Please note that in some jurisdictions, the exclusion or limitation
of such damages is not allowed. Notwithstanding the above, Stvble
Digital's liability is limited to the fees paid by you to Stvble Digital
under this agreement in the twelve-month period preceding the event
giving rise to the liability claim.
You also agree to indemnify and hold harmless Stvble Digital, its
affiliates, contractors, licensors, and their respective directors,
officers, employees, and agents against any claims, actions,
proceedings, investigations, demands, suits, costs, expenses, and
damages (including attorneys’ fees, fines, or penalties imposed by any
regulatory authority) arising from: (i) your use of or conduct related
to the Services, (ii) your violation of these Terms or our enforcement
of them, or (iii) your infringement of any applicable law, regulation,
or the rights of any third party during your use of the Service. If you
are required to indemnify Stvble Digital, its affiliates, contractors,
licensors, and their respective directors, officers, employees, or
agents under this provision, Stvble Digital shall have the sole
discretion to control any legal action or proceeding and to determine
whether it wishes to settle, and if so, the terms of such settlement.
You acknowledge that we may process personal data related to you (if you
are an individual) and personal data that you have provided or will
provide to us in connection with this Agreement or the Stvble Digital
Services, including personal data concerning your employees and other
associated individuals (if you are not an individual). We will handle
this personal data in accordance with our Privacy Policy. Consequently,
you confirm and warrant that:
- When disclosing personal data concerning individuals other than
yourself, you have complied or will comply with all relevant data
protection and data privacy laws. Additionally, the data you provide
is accurate, current, and pertinent at the time of disclosure.
- Before sharing any such personal data with us, you have read and
comprehended our Privacy Policy, which is accessible here: https://stvbledigital.com/privacy-policy and, in the case of personal data related to individuals other than
yourself, you have either provided them with a copy of the Privacy Policy
or directed them to a webpage containing the Privacy Policy (as may be
updated from time to time).
- If we issue you with an updated version of the Privacy Policy at any
point, you will promptly review that notice and provide updated
copies of the Privacy Policy to any individuals whose personal data
you have shared with us, or direct them to a webpage containing the
updated Privacy Policy.
In the event of any dispute arising in connection with these Terms,
either party, whether it be you or us, may initiate the dispute
resolution procedures outlined in this section by providing written
notice of the dispute, referred to as a "Dispute Notice." Following the
issuance of a Dispute Notice, both parties, you and us, shall mutually
agree to engage in mediation and commit to adhering to the terms of any
settlement reached. Mediation must be conducted within a timeframe of
sixty (60) days from the date of the Dispute Notice. The mediator chosen
for this process shall either be an Associate or Principal Mediator
accredited by the Mediation Centre of the Polish Bar Council or an
accredited mediator agreed upon on an ad hoc basis between the parties,
with the aim of seeking a potential resolution to the dispute. Parties
will make a reasonable effort to reach a consensus on the choice of
mediator; however, if an agreement cannot be reached, the Mediation
Centre of the Polish Bar Council will appoint a mediator. If, after a
period of sixty (60) days from the date of the Dispute Notice, the
dispute remains unresolved through mediation, either party, you or us,
may then opt to refer the dispute to arbitration. This arbitration
process will be conducted before a sole arbitrator, administered by the
Mediation Centre of the Polish Bar Council in Warsaw, Poland, in
accordance with the Arbitration Rules of the Mediation Centre of the
Polish Bar Council that are currently in effect. These rules are
considered to be incorporated by reference into this section. The
language used for the arbitration will be English. Despite the above
procedures, Stvble Digital reserves the right, at its discretion, to
initiate legal proceedings against you in the Polish Courts for
proceedings, and you hereby agree to irrevocably submit to the
jurisdiction of the Polish Courts in the event of such proceedings.
Stvble Digital shall not be held liable for any failure or delay in
performance resulting from extraordinary and unforeseeable circumstances
beyond our control, including but not limited to governmental actions,
acts of terrorism, natural disasters (such as earthquakes, fires,
floods, or typhoons), wars, hacker attacks, computer virus intrusions,
regulatory changes that render these Terms unlawful, acts of God, labour
disruptions, delays or failures arising from issues with third-party
systems or networks, mechanical breakdowns, data processing failures, or
obligations imposed by other applicable laws or regulations. Such
events, commonly referred to as "force majeure," may render the
fulfilment of our obligations impossible despite our best efforts.
Stvble Digital will not be responsible for any resulting losses or
damages, and we will endeavour to resume normal operations once these
exceptional circumstances cease to affect our services.
It is incumbent upon you to ascertain whether any taxes are applicable
to your activities on Stvble Digital, and you are responsible for
gathering, reporting, and remitting the accurate taxes to the relevant
tax authority. Stvble Digital bears no responsibility for determining
the tax implications of your transactions, nor for collecting,
reporting, or remitting any taxes arising from said transactions.
These Terms shall be governed and construed in accordance with the laws
of Poland, without regard to its conflict of law provisions.
Stvble Digital’s failure to enforce any right or provision of these
Terms will not be considered a waiver of those rights. If any provision
of these Terms is held to be invalid or unenforceable by any court or
arbitrator, the remaining provisions of these Terms will remain in
effect. These Terms constitute the entire agreement between us regarding
our Service, and supersede and replace any prior agreements we might
have between us regarding the Service.