Terms of Service

TERMS AND CONDITIONS

These Terms and Conditions (hereinafter: the “T&C”) are concluded between:

Coinlab sp. z o.o. (trading as “Localcoin” in Poland) is the data controller for our website services in Poland. Coinlab sp. z o.o., registered in Poland (KRS 0000685866), is based at ul. Jana Henryka Dąbrowskiego 28 lok. 32, 15-872 Białystok, contact e-mail address: [email protected], telephone number: _______

and

a natural person or legal person acting as an entrepreneur or consumer, who (i) visits or uses the Coinlab website published by Coinlab and available at: https://localcoinatm.com/ and/or (ii) uses the Services offered therein, as defined in the “Definitions” section of these T&C.

Coinlab is registered as a VASP (virtual asset service provider) in the register of virtual currency businesses under number RDWW-58 as of 31 January 2022.

As a VASP, Coinlab provides the following virtual currency services:

1. exchange between virtual currencies and means of payment,
2. exchange between virtual currencies,
3. intermediation in the exchange referred to in points (a) or (b) above.

These Terms and Conditions also constitute the terms and conditions for the provision of services by electronic means within the meaning of the Polish Act of 18 July 2002 on the Provision of Services by Electronic Means and define the rules for using the Website and services provided electronically by Coinlab.

1. Definitions

In addition to the terms defined elsewhere in these T&C, capitalised terms shall have the meanings set out below, both in the singular and in the plural.

Digital Asset: a virtual currency within the meaning of Article 2(2)(26) of the Polish AML Act, being a digital representation of value which is not: a) legal tender issued by the NBP, foreign central banks or other public authorities, b) an international unit of account established by an international organisation and accepted by individual states belonging to or cooperating with that organisation, c) electronic money within the meaning of the Polish Act of 19 August 2011 on Payment Services, d) a financial instrument within the meaning of the Polish Act of 29 July 2005 on Trading in Financial Instruments, e) a bill of exchange or a cheque,

and which is exchangeable in economic circulation for legal tender and accepted as a means of exchange, and can be stored or transferred electronically or traded electronically;

or a “token”, being a payment token, utility token or investment token within the meaning of the Position of the Polish Financial Supervision Authority on the issuance and trading of crypto-assets of 10 December 2020; for the purposes of these T&C considered as intangible property representing, in digital form, one or more rights, which may be issued, registered, stored or transferred using a shared electronic recording device enabling direct or indirect identification of the owner of such asset.

ATM (Bitomat): a physical self-service device (Bitcoin ATM/crypto ATM) operated by the Provider or its partners, enabling the purchase and/or sale of Digital Assets for cash.

Blockchain: the technology which enables, in particular, the representation and transmission of Digital Assets and enables the tracking of Transactions involving such assets.

Digital Asset Price: the value of Digital Asset A expressed in PLN, EUR or another Fiat Currency, or in the value of another Digital Asset B, in line with supply and demand, in particular the supply and demand on all Digital Asset exchange platforms (i.e. the “market” for Digital Assets), and updated nearly in real time.

Accordingly, Coinlab, as a rule, cannot indicate in advance the Digital Asset Price or guarantee any future Digital Asset Price or the stability of such Price over time. The Digital Asset Price at a given time is indicated on the Website, but such indication does not predetermine the price of that Digital Asset at the time the Transaction is carried out.

Provider: Coinlab spółka z ograniczoną odpowiedzialnością with share capital of PLN 6,000, with its registered office at ul. Jana Henryka Dąbrowskiego 28, 15-872 Białystok, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Białystok, 12th Commercial Division of the National Court Register, under KRS number 0000685866, NIP 5423278952 and REGON 367740913, contact e-mail address: [email protected].

Payment Service Provider: an external entity authorised under applicable law to provide payment services in the territory of the Republic of Poland, in particular a domestic payment institution, small payment institution, domestic bank or branch of a foreign credit institution, which provides payment services to the Client in connection with the deposit or withdrawal of Fiat Currency in relation to the Client’s use of the Services.

Account: the primary method of accessing the Services on the Website, using an e-mail address and password.

Civil Code: the Polish Act of 23 April 1964 – Civil Code (Journal of Laws of 2025, item 1071).

Client: a natural person using an Account and accessing the Services as a Consumer, Entrepreneur, or acting on behalf of an Entrepreneur as its representative, employee or associate.

Consumer: a natural person concluding an Agreement with the Provider, where the subject matter of the Agreement is not directly connected with their business or professional activity, in accordance with Article 221 of the Polish Civil Code.

Limits: a) the amount of Digital Assets or the corresponding value in Fiat Currency that may be purchased, sold, exchanged, withdrawn or deposited by the Client in a single Transaction, b) the daily, monthly or annual amount of Digital Assets or the corresponding value in Fiat Currency that may be purchased, sold, exchanged, withdrawn or deposited by the Client, c) the number of Transactions carried out by the Client in a given time period, as determined by the Provider.

MiCA: Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010, and Directives 2013/36/EU and (EU) 2019/1937.

Fee: the remuneration due to the Provider for the use of the Services.

Consumer Regulations: the Polish Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2024, item 1796).

Entrepreneur: a natural person, legal person or organisational unit without legal personality, which has legal capacity granted by statute, conducting business or professional activity in its own name, in accordance with Article 431 of the Polish Civil Code.

Intellectual Property Rights (IPR): intellectual property rights, including copyright and related rights, as well as industrial property rights, relating to the Services, the Website or other data provided to the Client by the Provider under the Agreement, which are entirely vested in the Provider.

GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

AML Act: the Polish Act of 1 March 2018 on Counteracting Money Laundering and Terrorist Financing (Journal of Laws of 2025, item 644, as amended).

Agreement: the agreement between the Provider and the Client regarding the use of the Services, consisting of these T&C.

Services: the services provided to the Client by the Provider under the Agreement via the Website and the Provider’s ATMs.

Force Majeure: any events of force majeure, in particular such as: acts of nature, war, acts of terrorism, rebellions, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, epidemics, natural disasters, unrest, insurrections or revolutions, or other similar events that are unavoidable and cannot be attributed to either Party.

Party: the Client or the Provider.

Website (https://localcoinatm.com/): the Provider’s website through which the Services are provided.

Transaction: any transaction carried out at the Client’s request via the Website and the Client’s Account or via an ATM and involving Digital Assets. Transactions include in particular:

• Purchase Transaction (or Purchase): a Transaction in which the Client exchanges a specified amount of Fiat Currency for a specified amount of Digital Assets via the Website or an ATM.
• Sale Transaction (or Sale): a Transaction in which the Client exchanges a specified amount of Digital Assets for a specified amount of Fiat Currency via the Website or an ATM.
• Exchange Transaction: a transaction in which the Client exchanges a specified amount of Digital Assets for other Digital Assets.
• Withdrawal Transaction (or Withdrawal): a Transaction by which the Client transfers Digital Assets stored in one Wallet to another external Wallet or makes a withdrawal of Digital Assets via an ATM.

Durable Medium: a medium which enables the Client to store information addressed personally to them in a way that allows future access for a period adequate for the purposes of such information and which allows the stored information to be reproduced in unchanged form; the Parties consider in particular e-mails and communications posted in the Client’s Account as a Durable Medium.

Service: the professional and organised, paid provision by the Provider of services relating to virtual currencies / crypto-assets, consisting of: a) carrying out exchange between virtual currencies and means of payment, b) carrying out exchange between virtual currencies (crypto-assets), c) intermediation in the exchange referred to in point (a) or (b), in particular by receiving and transmitting orders, matching counterparties, aggregating offers or otherwise organising or facilitating the conclusion of such transactions.

For the avoidance of doubt, it is assumed that the Provider does not provide a Digital Asset Custody Service.

Digital Asset Custody Service (Custody Service): a service consisting in holding the Client’s Digital Assets or cryptographic private keys enabling access to such Digital Assets, on behalf of and for the account of the Client, under the rules set out in these T&C, in particular in the article “Digital Asset Custody Service (custody)”.

Fiat Currency: legal tender managed by the National Bank of Poland and controlled by the Republic of Poland, and any other national or supranational currency issued by a government or central bank, or any other monetary obligation denominated in such currency, which is not a Digital Asset.

2. Subject Matter

Coinlab has developed the Website to present the Services it offers and, in particular, to provide Clients with an Exchange Platform via its interface.

The Website is also intended to provide Clients with information enabling them to learn about Coinlab’s business, its news (events, publications, etc.), as well as tutorials designed to facilitate their use of the Website and the Provider’s Services. It also offers features and/or information allowing Clients to contact Coinlab.

The purpose of these T&C is to define the conditions for access to the Website, as well as the conditions for the use of the Website and the online content and functionalities offered. These T&C also govern the provision of the Services to the Client in exchange for the Client’s compliance with the obligations and warranties set out herein.

It is specified that these T&C are the only contractually binding documents for Coinlab, to the exclusion of any other documents, which are for guidance and non-contractual only, and to the exclusion of any other possible terms and conditions of service, sale or purchase of the Client, which shall in no event be binding upon Coinlab.

Coinlab provides the Services in accordance with the provisions of the MiCA Regulation, including the general obligations of crypto-asset service providers set out in Articles 59–63, and the specific obligations applicable to the type of Service provided to the Client.

3. Acceptance and Enforceability of the T&C

All Clients accessing the Website are required to read these Terms and Conditions, which can be accessed and downloaded from the “Terms and Conditions” section of the Provider’s Website.

The T&C may also be sent by the Company by e-mail or in paper form at the Client’s request to: [email protected].

The Client formally accepts these T&C when creating an Account. The Client will also receive a copy by e-mail to the address provided when creating the Account.

Coinlab reserves the right to amend or modify these T&C at any time and without prior notice in relation to the Client who is an entrepreneur. Each new version published online will prevail over and replace any previous version, in particular any version printed or saved in digital or paper form by the Client. It is therefore the Client’s responsibility to regularly review these T&C. The binding version of the T&C is the version available online at the time of the Client’s visits to and use of the Website.

In any case, Clients holding Accounts will be informed of the entry into force of new T&C by e-mail to the address provided when their Accounts were created and will be asked to review them. A Client who is a Consumer may, at their sole discretion, accept the changes under the rules set out in these T&C or terminate the Agreement within 14 days under the terms set out herein.

Carrying out Transactions and/or logging into the Account and/or using the Website and/or the Services constitutes acceptance of the current T&C. Accordingly, for each Transaction carried out or each Service used, the Client is subject to the T&C applicable on the date of that Transaction or use of the Service. The Client is advised to retain a copy of the T&C in force on the date of each Service and/or completion of each Transaction, irrespective of any archiving arrangements implemented by Coinlab.

Clients who do not wish to accept the new T&C may terminate the T&C and delete their Account in accordance with the conditions set out below.

The Client declares and confirms that they are at least 18 years old and have full legal capacity to enter into these T&C.

These T&C are concluded for an indefinite period and have no expiry date.

Client’s Representations Prior to Using the Provider’s Services

The Client confirms that they have familiarised themselves with the nature, purpose and features of the Website and the Services, as well as with the conditions necessary for their use, in particular the conditions relating to the creation of an Account. The Client confirms that they have requested and obtained all the information they required, in particular regarding the quantitative and qualitative features of the Services, enabling them to assess the suitability of the Services for their needs and to enter into the T&C with full awareness.

The Client bears sole responsibility for the decision to use the Website and the Services and to carry out Transactions. Coinlab shall bear no responsibility in this respect and cannot be held liable in this regard.

No later than at the moment when a Client who is a Consumer expresses their intention to be bound by the Agreement, Coinlab shall inform the Consumer, on a Durable Medium, in a clear and comprehensible manner, indicating its intention to conclude the Agreement and in a form appropriate to the type of distance communication used, about:

1. the name, registered office address of Coinlab, the authority which registered Coinlab’s business activity, as well as the number under which Coinlab has been registered, and, where Coinlab’s activity requires an authorisation – the details of the authority granting such authorisation;
2. the name and address of residence (registered office) in the territory of the Republic of Poland of Coinlab’s representative, if any;
3. the name and address of residence (registered office) of any entity other than Coinlab which provides financial services at a distance, including the operator of the means of distance communication, and the role in which such entity acts towards the Consumer and Coinlab;
4. the essential characteristics of the Service and its subject matter;
5. the Digital Asset Price or Remuneration including all its components, including fees and taxes, and, where it is not possible to determine the exact Digital Asset Price or Remuneration – the basis for calculating the Digital Asset Price or Remuneration, enabling the Consumer to verify it;
6. the risks connected with services relating to Digital Assets, if such risks result from their specific features or the nature of the activities to be performed, or if the Digital Asset Price or Remuneration depends solely on movements in the financial market / Digital Asset market;
7. the rules for payment of the price or fees;
8. the costs and the time limit and manner in which the Service is to be provided;
9. the Consumer’s right and method to withdraw from the agreement referred to in Article 40(1) and (2) of the Polish Consumer Rights Act, or a statement that such right does not apply, and the amount of the price or Fee which the Consumer must pay for the actually performed Service in the case referred to in Article 40(4) of the Consumer Rights Act, i.e. where performance of the services starts with the Consumer’s consent before the expiry of the withdrawal period;
10. any additional costs incurred by the Consumer arising from the use of means of distance communication, if such costs may arise;
11. the period during which the information on the Digital Asset Price or Fees remains binding;
12. the minimum duration of the agreement for the provision of continuous or periodic services;
13. the place and method of submitting complaints;
14. the possibility of out-of-court settlement of disputes arising from the agreement;
15. the right to terminate the agreement referred to in Article 42 of the Consumer Rights Act and the consequences of such termination, including contractual penalties, or the absence of such right;
16. the existence of a guarantee fund or other guarantee schemes, if any;
17. the language used in relations between Coinlab and the Consumer;
18. the governing law for the relations between Coinlab and the Consumer prior to the conclusion of the distance agreement and the law applicable to the conclusion and performance of the agreement;
19. the court having jurisdiction over disputes related to the performance of the agreement.

This means that no later than when the Client who is a Consumer expresses their intention to be bound by the Agreement, Coinlab provides the Client, in a clear and comprehensible manner, with the information required under the Consumer Rights Act, in particular regarding: a) Coinlab’s identification data, b) the main features of the Services, c) the total price of the performance including taxes, or, where it is not possible to determine it precisely – the method of calculating it, d) the method of communication with Coinlab, e) the method and time of performance of the Services, f) the rights available to the Client, including the right to withdraw from the agreement or the absence of such right, g) the rules for submitting complaints and out-of-court dispute resolution methods.

Such information is provided to the Client in particular in these T&C, in the Personal Data Protection Policy, in the Cookies Policy and in the price, list made available on the Website, and may also be provided in separate documents on a Durable Medium.

Furthermore, the Client is aware that the provision of the Services may be subject to the Client’s acceptance of terms and conditions or other contractual documentation of one or more third parties, provided that the Client may be required to enter into an agreement directly with external entities.

Communication with the Client and Durable Medium

1. Any communication relating to the conclusion, performance and amendment of the Agreement, including the provision of information required by law, in particular by consumer protection regulations and regulations concerning services relating to Digital Assets, shall be carried out via:

a) e-mail, to the e-mail address provided by the Client when creating the Account; and/or b) messages made available to the Client within their Account on the Website.

2. The Client acknowledges that e-mails and messages made available in the Account constitute a Durable Medium within the meaning of applicable law and these T&C, and agrees to receive in this manner all information and documents required by law, including pre-contractual information and confirmation of conclusion of the Agreement.

3. Access to the Client’s Account is protected by, at minimum, a combination of a unique identifier (e-mail address) and a password set by the Client. In order to enhance security, Coinlab may introduce additional authentication mechanisms (in particular two-factor authentication), of which it will inform the Client via a Durable Medium. The Client is obliged to use the authentication mechanisms in accordance with Coinlab’s instructions.

4.With respect to the Digital Asset Custody Service, Coinlab uses the same communication channels and authentication mechanisms as those referred to above.

4. Description of the Services

4.1. Services available without creating an Account

The Website together with its sub-pages (https://localcoinatm.com/) are accessible to all internet users. The purpose of these pages is to provide Clients with information allowing them to understand Coinlab’s business activity, its news (events, publications, etc.), as well as tutorials designed to help them use the Website and the Services. The Website also offers features and/or information enabling Clients to contact Coinlab.

4.2. Services available subject to creation of an Account

In order to use the Services described below, the Client must create an Account, in particular in accordance with the provisions of the article “Creation of an Account” of these T&C.

4.2.1. Access to and use of the Account

The Account enables the Client to: (i) update certain Client’s information, (ii) use the Services available subject to creation of an Account, and (iii) securely access the Client’s personal home page, an interface for viewing the Client’s various balances and the Client’s transaction history and volume of exchange carried out by the Client in Bitcoin, Litecoin, EUR or the equivalent in PLN over one or more specified periods.

The Account also enables access to the Service allowing the Client to carry out Purchase Transactions (purchase of Digital Assets using Fiat Currency, also commonly referred to as “FIAT/crypto exchange”) or Sale Transactions (sale of Digital Assets for Fiat Currency, also commonly referred to as “crypto/FIAT exchange”).

4.2.1.1. A Purchase Transaction consists in the Client being able to exchange a specified amount of Fiat Currency at the Provider’s ATM for a specified amount of Digital Assets. The Client may carry out Purchase Transactions in different Digital Assets in order to add them to a specified Wallet.

In the case of a Sale Transaction (exchange of cryptocurrencies/fiat currencies), the proceeds in Fiat Currency will be withdrawn by the Client at the Provider’s ATM.

A Client wishing to carry out a Purchase or Sale Transaction must follow the procedure set out on the Website and, in particular, must verify whether the Service offered corresponds to their needs (in particular as regards the type and operating model of the Services offered, the types of Digital Assets that may be the subject of Purchase or Sale Transactions, the accepted means of payment, the contractual conditions applicable to the Services offered, the exchange rates and the amount of the Fees relating to the Services, etc.).

Coinlab shall in no way be liable for any consequences, in the context of Purchase or Sale Transactions, of delays in sending and receiving funds (Fiat Currency) to the Client’s bank account or delays in funds being received by Coinlab in the case of a Purchase, since such operations are carried out by an external payment service provider duly authorised to do so.

Similarly, Purchase or Sale Transactions may be subject to minimum or maximum Limits which, in some cases, may prevent the Client from carrying out certain Transactions.

The Client expressly accepts this risk and acknowledges that Coinlab cannot be held liable in this respect, in particular where the Client is unable to continue a Sale or Purchase Transaction involving some of their Digital Assets, for example due to a decision not to list or not to accept certain Digital Assets, or due to any Minimum Limits that may be set (see so-called “liquidity risk”).

The Client is also made aware that Purchase and Sale Transactions may be subject to an exchange rate and to fees or commissions, as a result of which:

• in the case of a Purchase Transaction, the value of the Digital Assets actually acquired is necessarily lower than the equivalent amount in Fiat Currency actually paid by the Client;
• in the case of a Sale Transaction, the amount in Fiat Currency received by the Client is necessarily lower than the equivalent amount in Digital Assets actually debited from their Wallet

which the Client expressly accepts. The Client is responsible for reviewing the financial terms of the Purchase and Sale before entering into such a Transaction and acknowledges that Coinlab bears no liability in this respect.

Finally, the Client undertakes not to attempt to carry out a Sale Transaction involving a value of Digital Assets greater than the value actually held in the Wallet concerned by the Sale.

4.3. New Services, Payment Services and the role of the Payment Service Provider

Coinlab may extend the scope of its Services by including new services on the Website, regardless of whether such Services are available to all Clients or only via the Client’s Account. Such new Services shall be deemed an integral part of the Services as defined in the article “Definitions” and shall be governed by these T&C. Unless stated otherwise, the Client may use the new Services from the time they are actually made available on the Website, subject, where required, to the Client having previously created an Account.

Deposits and withdrawals of Fiat Currency related to the use of the Services may be executed via a Payment Service Provider. In such case, the performance of payment services shall be governed by the terms and conditions of the Payment Service Provider, made available to the Client by that entity, without prejudice to any mandatory provisions of law.

Coinlab does not provide payment services to the Client within the meaning of the regulations on payment services, unless expressly indicated otherwise in these T&C. In such a case, Coinlab’s role is limited to enabling the Client to use the payment services of the Payment Service Provider in order to make payment or receive funds in connection with the execution of Transactions.

Coinlab does not hold, on its own accounts, any funds belonging to the Client and, in particular, does not maintain payment accounts or deposit accounts for the Client. Funds used in connection with Transactions are transferred directly between the Client and the relevant Payment Service Provider via the relevant payment instruments or in cash, and their holding and protection are carried out in accordance with the regulations applicable to the given Payment Service Provider.

4.4. Development of the Services

Without prejudice to the consumer rights provided for in section 3 of these T&C, Coinlab may, at any time and without notice, modify, add to, develop, improve or adapt the Website and the Services and, more generally, the Services offered, in order to improve the functionalities offered on the Website or within the Services. This may in particular include the implementation of updates, new versions or adjustments or modifications of existing functionalities. Where relevant and to the extent possible, the Client must ensure that it adapts its IT resources to the changes on the Website and in the Services so as to be able to use them under optimal conditions.

Furthermore, to the extent that certain changes, updates, new versions, modifications, etc. may be implemented in particular in order to ensure the continuity of operation of the Website and the Services, the Client may not refuse to accept the changes, updates, new versions or modifications implemented by Coinlab.

In addition to the possibility for Coinlab to introduce certain changes to the functionalities offered on the Website or within the Services, Coinlab may also be required, at any time and without prior notice, to discontinue the provision of certain Services. In the event of a permanent removal of one or more existing Services, Coinlab shall use its best efforts to notify Clients of such change in good time and, where possible, to provide alternative solutions.

In the event of the final removal of all Services, Coinlab or the Client may terminate this Agreement under the conditions set out in the article “Termination”.

4.5. Technical Support

Coinlab provides technical support in order to supply information and assistance relating to technical aspects and functionalities of the Website and the Services.

The Client remains solely responsible for their own decisions and, in particular, for the decision to carry out or not to carry out a Transaction involving Digital Assets, in line with their own investment horizon and risk tolerance, and the Client bears exclusive liability for the consequences of any Transaction involving Digital Assets.

Coinlab does not provide investment advice, portfolio management, or any form of personalised recommendation in respect of Transactions or the holding of Digital Assets, and does not provide any financial or strategic advice.

Such support is available via: – e-mail address: …, – live chat on the Website, 7 days a week and 24 hours a day, – contact phone number: ___.

Coinlab will use its best efforts to respond to the Client’s request within a reasonable timeframe and, where possible, will provide an answer which effectively resolves or leads to the resolution of the Client’s request.

Furthermore, Coinlab does not provide any brokerage services in respect of Digital Assets and, in particular, does not provide strategic advice, trading advice or any other form of advice.

Unless otherwise provided in these T&C, Transactions are carried out autonomously by the Client, who bears full responsibility for any Transaction in Digital Assets and for reviewing all information made available by Coinlab prior to entering into any Transaction involving Digital Assets.

4.6. Digital Asset Custody Service (custody) – Safekeeping Policy

4.6.1. As part of its Services, Coinlab may provide the Client with a Digital Asset Custody Service, which is a service referred to in Article 3(1)(16) of the MiCA Regulation, consisting in the custody of the Client's Digital Assets or the corresponding cryptographic private keys on behalf of and for the account of the Client, in one or more wallets maintained by Coinlab or a third party acting on behalf of Coinlab. If Coinlab entrusts the custody of the Client's Digital Assets to another entity, it shall only use crypto-asset service providers authorized to provide crypto-asset custody and administration services under MiCA or an equivalent regulatory regime. Information about the use of a third party and its basic identification data shall be provided to the Client on a Durable Medium.

4.6.2. Digital Assets stored as part of the Digital Asset Storage Service are recorded on the Client's account in Coinlab's systems in a manner that allows for the identification of the status and type of Digital Assets assigned to a given Client. Coinlab keeps records in a manner that allows the Client's Digital Assets to be distinguished from the Digital Assets of other Clients and from Coinlab's own Digital Assets. Clients' Digital Assets are also marked and, to the extent technically possible, kept separate from Coinlab's own Digital Assets at the level of the relevant distributed ledgers (DLT). Digital Assets stored as part of the Digital Asset Storage Service are not part of Coinlab's assets and are subject to separation in any bankruptcy or other insolvency proceedings, so that Coinlab's creditors cannot satisfy their claims from the Digital Assets stored on behalf of Clients, to the extent permitted by mandatory provisions of law.

4.6.3. Coinlab may use both so-called “hot wallets” (network wallets connected to the Internet) and “cold wallets” (wallets disconnected from the network) as well as other technical solutions, in accordance with market standards, to ensure the security of the Client's Digital Assets. The detailed method of organizing the storage of Digital Assets may be subject to change in order to adapt to technological, regulatory, or security requirements, but this does not affect the scope of the Client's rights under these T&C. Coinlab uses technical and organizational measures to secure the Client's Digital Assets and cryptographic private keys, including, in particular, environment segmentation, access control, multi-person authorization of operations, and monitoring of security incidents. A detailed description of the security solutions may be made available to the Client to the extent that it does not compromise the security of Coinlab's systems.

4.6.3a. Coinlab adopts and applies an internal Digital Asset Storage Policy, referred to in Article 75 of the MiCA Regulation, which sets out the rules and procedures ensuring the security of the Client's Digital Assets and the means of access to them. A summary description (summary) of the Digital Asset Storage Policy is made available to the Client upon request on a Durable Medium in electronic form.

4.6.4. Coinlab is not authorised to use the Client’s Digital Assets held under the Digital Asset Custody Service for its own account or for the account of other clients, including in particular for lending, staking, pledging, re-use, margin or leveraged operations, unless the Client has given their prior explicit consent in a form required by applicable law and by these T&C.

4.6.5. As a rule, the Client is entitled to Digital Assets or rights arising from forks, airdrops, splits, or other technical events affecting a given network, based on and to the extent of their position at the time of such event. Coinlab may decide not to support certain forks or tokens resulting from such events only in cases justified by security considerations, technical feasibility, or regulatory requirements, informing the Client thereof on a Durable Medium before or immediately after the occurrence of the event, unless otherwise provided by law, including the MiCA Regulation.

4.6.6. If the Client requests the withdrawal of Digital Assets stored as part of the Digital Asset Storage Service to an external wallet, Coinlab shall execute such instruction immediately, taking into account security requirements, KYC/KYT procedures, and technical limitations specific to the blockchain network in question. Upon successful transfer of Digital Assets to the wallet address specified by the Client, Coinlab's responsibility for these Digital Assets shall expire, subject to mandatory provisions of law. Coinlab ensures that the procedures for withdrawing Digital Assets allow for their return to the Client as quickly as possible, taking into account the technical limitations specific to the network and Coinlab's regulatory obligations.

4.6.7. The Client is obliged to monitor the status of their Digital Assets stored as part of the Digital Asset Storage Service via their Account on an ongoing basis. In the event of any irregularities, the Client should immediately notify Coinlab in accordance with the rules set out in these T&C.

4.6.8. Coinlab keeps a register of Digital Assets assigned to each Client, reflecting the Client's rights to individual Digital Assets. Coinlab provides the Client, at least once every three months and at the Client's request, with a statement of the status of Digital Assets stored as part of the Digital Asset Storage Service, including at least the identification of the Digital Assets, their balance, their value, and a list of transfers made during a given period. The statement shall be made available on a Durable Medium in electronic form.

4.6.9. Coinlab shall provide the Client, immediately after becoming aware of such information, with all information concerning operations on Digital Assets stored as part of the Digital Asset Storage Service that require action or response from the Client (in particular, the exercise of rights related to a given Digital Asset), in a manner enabling the Client to make a decision within a reasonable time.

5. Conditions for the Use of the Website and the Services

5.1. Access to the Website and to the Services

The Client must have appropriate telecommunications equipment and resources, as well as an internet connection, in order to access the Website, the Account and the Services. The Client is solely responsible for the costs associated with such equipment and access (and for the effectiveness, performance and speed of such access).

The Client undertakes to use the functionalities of the Website, the Account and the Services in compliance with these T&C and with applicable law, in particular the provisions governing anti-money laundering and counter-terrorist financing, consumer protection, personal data protection, and the regulations specific to Digital Assets.

Furthermore, the Client acknowledges that it is their responsibility to ensure that access to and use of the Website and Services, as well as the completion of Transactions, is lawful under the laws applicable to the Client (in particular the law of the country of their residence or place from which they use the Services). Coinlab does not guarantee the compliance of the Services with the regulations in force in countries other than Poland and does not in any way undertake to take steps on behalf of Clients to ensure such compliance.

5.2. Nature of the content on the Website

The Company undertakes to provide clear, accurate, and non-misleading information in its communications with Clients.

The content (such as information, elements, documents in any form, in particular texts, drawings, images, etc.) provided and/or distributed on the Website is provided for informational purposes only.

However, the content of the Website should not be considered authoritative or replace the Client's personal judgment and should not be the sole basis for any decisions made by the Client.

If the Client becomes aware of any inaccurate content or content that may infringe the rights of third parties or violate statutory or regulatory provisions, they are requested to report this by email to ___.

5.3. Website link generation 

Clients may not create links (including redirects) to the Website without the prior express consent of Coinlab. Any such request for authorization must be sent by email to ____. Under no circumstances shall such authorization be construed as an implied affiliate agreement. In any event, links to the Website must be removed at the Company's first request.

Coinlab reserves the right to place links on the Website that allow access to websites, web pages, or applications other than those on the Website and to redirect Clients to other websites, web pages, or applications.

Clients are officially informed that the websites, web pages, or applications to which they may have access via these links do not belong to Coinlab, which further reserves the right to remove the aforementioned links proposed by its Website to a third-party application or website if the latter in particular becomes contrary to applicable regulations or its values. Coinlab is not responsible for Clients' access via links placed on the Website to third-party websites or other resources present on the Internet, nor for the content of information provided by these third-party websites or other resources by activating the aforementioned links.

5.4. Availability of the Website and Services

Coinlab strives to provide high-quality services and enable the Client to use the Website and Services under the best possible conditions. In principle, the Website and Services are available 7 days a week, 24 hours a day. However, Coinlab is not bound by an obligation of result, but only by an obligation of means, and does not guarantee the availability, optimal performance, or speed of the Website or Services, nor their constant and uninterrupted availability.

The Client is hereby informed and accepts that access to the Website and/or Services may be delayed, modified, prevented, or interrupted as a result of the following:

• force majeure;
• technical problem or difficulty related to the operation of (i) the Internet and/or the blockchain;
• unavailability or random access to computer systems, applications, websites, or platforms used by Coinlab's partners (e.g., liquidity providers, KYC (Know Your Client) or KYT (Know Your Transactions) service providers) or other computer systems, applications, websites, or platforms used by Coinlab and/or its partners to provide the Services;
• unavailability or loss by the Client of their Identifiers to access their Account;
• illegal, malicious, or unfortunate actions (including actions resulting from the activities of “cybercriminals” or “hackers,” logical or other attacks, such as computer viruses, malware, etc.) whose purpose or effect is to damage the Client's computer systems, applications, websites, or platforms; Coinlab, its partners (including KYC (Know Your Client) service providers or KYT (Know Your Transactions) service providers), whose purpose or effect is to damage the Client's computer systems, applications, websites, or platforms, Coinlab, its partners (including KYC (Know Your Client) or KYT (Know Your Transactions) service providers), or platforms used by Coinlab or its partners to provide the Services.

In addition, the Company reserves the right to close access to all or part of the Website and/or to suspend the provision or delivery of all or part of the Services in the event of one of the above-mentioned scenarios or in the event of a threat or danger to its human resources (e.g., members of its staff, internal or external consultants, or other persons - members of staff or internal or external consultants - working for Coinlab or for an entity within the group of companies to which Coinlab belongs) or to its technical resources of any kind.

In the event of scheduled maintenance work, Coinlab will make every effort to inform the Client in advance. However, the Website may, without prior notice or compensation, be temporarily closed and access to the Website or Services or their functionality may be restricted, in particular for the purpose of carrying out technical, operational, or other interventions necessary for their proper functioning (e.g., testing, maintenance, inspection, troubleshooting, modifications or operational changes, evolution, etc.), updates, implementation of a new version, or any other operation deemed necessary by Coinlab), updates, implementation of a new version or any other operation deemed necessary by Coinlab or its partners (including KYC (Know Your Client) or KYT (Know Your Transactions) service providers), which the Client accepts.

Coinlab cannot be held liable for any interruptions in the operation of the Website and/or Services caused by one of the events listed in this article “Availability of the Website and Services.”

5.5. Technical Requirements and Maintenance of the Website and Services

The Client declares and confirms that they have the technical competence to use the Website and Services. In this regard, the Client guarantees that they have the knowledge and skills necessary to properly use the Website and Services, including in particular the Account, enabling them to use the features offered by the Website and Services in accordance with applicable laws and/or regulations.

The Client also undertakes to take appropriate measures to ensure the security of their own equipment and/or data and/or content and/or software against contamination by viruses, malicious code, or other harmful technologies or logical infections, and to ensure that no such viruses are introduced to the Website.

The Client undertakes not to interfere with the proper functioning of the Website or the Services and not to take any action that may compromise the computer security of Coinlab or any of Coinlab's partners (including KYC (Know Your Client) or KYT (Know Your Transactions) service providers). In particular, the Client undertakes not to use any device or software of any kind that would disrupt, interfere with, or interrupt the normal operation of the Website or Services, or that would impose a disproportionate burden (in terms of hosting volume, bandwidth, etc.) on the Website.

The Client also undertakes not to extract, for commercial purposes or for purposes expressly prohibited, all or part of the information or data contained on the Website, and not to use a robot, in particular a crawler or spider, software, automated system, script, program, application for searching or downloading web pages, or any other means enabling the extraction or indexing of all or part of the content of these applications. In particular, crawling, scraping, and screen scraping are expressly prohibited.

The content of the Website may not be downloaded, collected, copied, altered, modified, deleted, distributed, transmitted, broadcast, rented, sold, transferred, used, in whole or in part and in any way, without the express prior written consent of Coinlab.

The Website is an automated data processing system. The same applies to Client Accounts. The Client is prohibited from fraudulently accessing or maintaining all or part of the Website or Account that is not owned by them. The Client is prohibited from using any method of access other than the interface provided by Coinlab. If such a method is detected or if the Client unintentionally enters a restricted area (for example, another Client's Account) without authorization, the Client agrees to immediately notify Coinlab by email at the following address:_____, so that Coinlab can take any measures it deems necessary.

Coinlab reserves the right to take any action or make any claim necessary to prevent, stop, and punish any violations of the Website, Website content, Account, or Services, including legal action, without prior notice.

The Client shall be solely liable to Coinlab or its partners (including KYC (Know Your Client) or KYT (Know Your Transactions) service providers) for any damages resulting from accessing and using the Website, Account, and Services.

Any violation by the Client of the provisions of this article constitutes a material breach, which may result in the termination of the T&C without notice, to the sole detriment of the Client, and a permanent ban on the Client's access to and use of the Website and Services.

5.6. Rules for the Use of the Website and the Services

The Client is obliged, throughout the entire period of using the Website or Services, to comply with applicable laws (in particular with regard to tax returns and/or social security contributions that must be submitted in connection with the performance of certain Operations and for which the Client bears sole responsibility), as well as in accordance with Coinlab's instructions, information, and communications, provided in particular through these T&C or on the Website or through the Client's Account. In this regard, it should be emphasized in particular that the Client is required to take all steps necessary in connection with their tax obligations (such as, for example, but not limited to, capital gains declarations) and social security obligations, and that Coinlab does not take such steps on behalf of Clients in any way.

Furthermore, the Client undertakes not to disrupt, adversely affect, or prevent the use of the Website or Services by any other Client (whether or not they are the Client).

The Client is prohibited from using the Website or Services to engage in or participate in practices that have the purpose or effect of market manipulation (such as wash trading, cross trading, spoof trading, front running, sell wall, dark pool, pump-and-dump, etc.), regardless of whether such practices are expressly prohibited by applicable laws and regulations. 

The Client is also prohibited from using or exploiting the Website or Services to conduct or participate in money laundering, pyramid schemes, or other risky or illegal operations.

Furthermore, any commercial use of data, in particular market data, obtained or made available through the Website and/or Services, as well as copying, extracting, etc., is prohibited.

The Client grants Coinlab and Coinlab's partners (including KYC (Know Your Client) or KYT (Know Your Transaction) service providers) permission to temporarily monitor the Digital Assets in the Client's Wallet or stored on the Exchange Platform when necessary to provide the Services.

Any breach of the provisions of this article by the Client constitutes a material breach, which may result in the termination of the T&C without notice, to the sole detriment of the Client, and a permanent ban on the Client's access to and use of the Website and Services.

The Client is informed that Coinlab may voluntarily disclose information and data related to the Client or generated by the Client to law enforcement authorities in any country or jurisdiction without the need to request or seek the Client's prior consent.

1. General rules applicable to the Services
2. General restrictions on the use of the Services

The Services are available to Clients who have an Account approved by Coinlab and which has not been or is not subject to any proceedings, sanctions, restrictions, closure, or removal.

In addition, Coinlab reserves the right, in order to decide whether a given Service can be performed by the Client, to request specific additional information and/or documents from that Client.

Furthermore, Coinlab reserves the right, without prior notice and without the Client being entitled to compensation, to refuse to execute a Transaction ordered by the Client, to cancel a Transaction ordered by the Client, in particular in the event of a breach by the Client of their obligations or commitments under these T&C, or if Coinlab considers that there is sufficient evidence to suggest that the Client may breach their obligations and commitments under these T&C, or in particular: 

• in the event of detection of unusual or suspicious activity on the Client's Account or suspicion regarding the Client's identity;
• in the event of detection or reporting of unauthorized access to the Client's Account;
• if requested by a competent authority (request, court decision, ongoing investigation, etc.);
• if the Client fails to provide additional information or documents requested by Coinlab;
• in the event of inappropriate behaviour and/or misconduct on the part of the Client.

Coinlab also reserves the right, in particular for the purpose of preventing fraud and combating illegal or fraudulent activities, to impose Limits on the Client on an individual basis under the conditions set out below and/or to restrict or limit the use of certain Services by the Client.

These restrictions may be lifted by Coinlab if it considers that the causes and reasons that led to their introduction have ceased to exist, provided that the Client provides all information and documents that Coinlab may request. In addition, Fees may be charged/invoiced to the Client in accordance with the provisions of the article “Financial Terms and Conditions.”

1. Restrictions resulting from the digital resources available for a given Service

The Client may carry out Transactions on various Digital Assets offered/accepted on the Website. The list of Digital Assets accepted on the Website is available at https://localcoinatm.com/buy-crypto/ and is subject to change at any time without notice. In the event of the final withdrawal of a Digital Asset from the Website, Coinlab will make every effort to notify Clients of this change in advance and allow the Client to carry out Buy or Sell Transactions on the said Digital Assets.

Furthermore, not all Services are available for all types of Digital Assets offered on the Website, but some are only available for types of Digital Assets specified as such on the Website. Therefore, some Services may only be available on condition that specific types of Digital Assets are used. The Client must therefore, through their Account and more generally through the Website, ensure which Digital Assets they can use for the Services they wish to use, in particular when using these Services.

1. Restrictions resulting from the setting of Limits

The Client may use the Services subject to compliance with the Minimum and Maximum Limits set by Coinlab, for example for certain Transactions and for certain types of Digital Assets, as detailed in the section https://localcoinatm.com/fees/ and/or the details appearing in the Client's Account when a Maximum or Minimum Limit has been imposed on them personally (or not) by Coinlab. These limits are subject to change at any time without notice. The Client is therefore requested to familiarize themselves with the minimum and maximum limits applicable to them at the time they wish to carry out a Transaction and undertakes to comply with them.

Coinlab may also apply a General Cap to all Clients or to all their Transactions, or, for example, to all Transactions carried out on a specific type of Digital Asset. Clients will be informed of the existence of such Limits via the Website, and in particular via the section https://localcoinatm.com/fees/. 

These Limits are subject to change at any time without notice. The Client is therefore requested to check the Limits applicable to them at the time they wish to carry out a Transaction and undertakes to comply with them.

1. Risks associated with the Services

The Client acknowledges that Transactions carried out as part of the Services involve risks for which Coinlab is not responsible:

• macroeconomic risk: changes in the macroeconomic situation may lead, among other things, to unusual price fluctuations that may affect the Client;
• political/fiscal/regulatory risk: changes in applicable laws and regulations may lead, among other things, to unusual price fluctuations and even to a reconsideration of the terms and conditions of the Website and the terms and conditions of the provision and use of the Services, which may affect the Client;
• refund risk: due to the nature of Digital Assets and the irreversibility of on-chain Transactions, all Transactions concluded with the Company are, in principle, final and non-refundable
• volatility risk: Digital Assets are subject to high market volatility, which means that Transactions involving Digital Assets are exposed to an exceptionally high risk of volatility; Furthermore, Transactions are conducted throughout the day without interruption and without restrictions on price increases or decreases, which means that the price of Digital Assets may be subject to sudden fluctuations resulting in a partial or total loss of Clients' assets. The purchase and sale of Digital Assets involves significant risks: Clients are advised never to buy more than they can afford to lose; 
• operational risk: equipment, software, or network failures (Internet, telecommunications, electronic communications, telephone, etc.) may in some cases result in the loss of digital assets;
• risks caused by force majeure;
• regulatory risk: the risk that Coinlab may not be able to continue its business due to changes in laws or regulations, including new laws or regulations in a given country or jurisdiction, including where the Client may be domiciled or resident, or where Coinlab is registered, has its registered office or principal place of business;
• risk of theft or loss of private keys and other operational errors (e.g., the risk of theft or loss of identifiers by the Client), which may result in the partial or total loss of digital assets;
• liquidity risk: the exchange of Digital Assets for Fiat Currency is not always guaranteed, nor is the exchange for another type of Digital Asset;
• Tax risk: The Client is responsible for determining the taxes to which they are subject in relation to investments and operations carried out through Coinlab's services. It is the Client's responsibility to declare and pay all taxes and other fees to which they are subject in connection with the transactions carried out.

Coinlab also emphasizes that Digital Assets and Blockchain are new technologies subject to specific rules that differ from traditional financial systems, and that Digital Assets are highly volatile. Therefore, any use of Digital Assets, whether as an investment, as a cash equivalent, etc., involves risks that the Client must take into account.

The Client must ensure that they are informed and trained in the operation and characteristics of Blockchain and Digital Assets.

In particular, Coinlab provides Clients with information and tutorials to help them use the Website and Services. However, we encourage Clients to use various sources of information and consult websites other than the Coinlab Website to obtain information and training on the risks associated with the Services, noting that the information and details appearing on the Website are not exhaustive or necessarily up to date and are for informational purposes only.

Users must therefore exercise particular vigilance when using the Website and Services and ensure that they have all the skills and knowledge, in particular technical and financial, required to handle Digital Assets. In particular, Coinlab reminds Clients that past performance is no guarantee of future results and that the Purchase and Sale of Digital Assets involves the risk of partial or total loss of capital. In any case, Clients are advised to consult with professionals specializing in financial, legal, or tax advice before conducting any transaction involving Digital Assets.

The provisions of this article do not exclude or limit Coinlab's liability under mandatory provisions of law, in particular the MiCA Regulation and the “Liability of the Parties” section of these T&C.

1. Terms and Conditions of Use of the Client Account
2. Creating the Client’s Account

To create an Account, the Client must:

• fill in the required fields in the online form and provide the required information, including (but not limited to): first name(s) and last name, email address, phone number, date of birth;
• provide the documents required for this purpose online, in particular in accordance with the obligations set out in the “Know Your Client” and “Know Your Transactions” sections of these terms and conditions.

The information and documents indicated above, as well as their technical parameters (format, size, etc.), may change over time. A comprehensive and up-to-date list of information and documents, as well as their technical characteristics, which the Client must provide when applying to create an Account, is provided to the Client when such information and documents are required by Coinlab or by any external service provider to which Coinlab has outsourced these operations.

Failure to provide such information and documents will result in the Client's Account not being created, and the Client will not be able to use the Services that require the prior creation of such an Account. The Client confirms the truthfulness and accuracy of the information provided (including documents provided automatically or upon request) when creating an Account, and Coinlab shall be entitled to hold the Client or any person involved liable in the event that the information provided is false, inaccurate, or misleading. The Client must provide their true identification details (e.g., real name and surname) and contact details. The Client is also obliged, where applicable, to update the information provided in order to ensure its accuracy at all times and at any time, and guarantees Coinlab in this regard. Coinlab shall in no event be held liable for any difficulties encountered by the Client, for example in accessing their Account or in using the Website or Services, which may be directly or indirectly related to the Client providing inaccurate or incomplete information or failing to update their information. Coinlab may make the use of the Services conditional upon the Client providing updated information and documents (in particular, a valid identity document) and even providing additional information or documents (proof of the origin of funds, response to the KYC questionnaire, proof of the Client's “liveness check”/ “proof of liveness”, proof of address, etc.). The provision of inaccurate or incomplete information or false documents, or the failure of the Client to update such information or documents, constitutes a serious breach by the Client of these T&C, entitling Coinlab to terminate the T&C and delete the Client's Account without notice, in accordance with the article “Notification - Termination.”

Coinlab may also request additional information and/or documents if the Client requests to modify the information relating to their Account. 

1. Conditions for creating a Client Account

Only one natural person may hold an Account, and each natural person may hold only one Account. 

Any natural person wishing to create an Account must be at least 18 years of age and have full legal capacity and the ability to enter into commitments under these T&C. The creation of an Account may also be restricted to certain countries, depending on the KYC (Know Your Client) process implemented by Coinlab or an external service provider (see the article “Know Your Client and Know Your Transactions” in this document). The Client is responsible for ensuring compliance with these conditions.

The content of the above section and the eligibility or restriction conditions for creating an Account may be changed at any time and without notice, at Coinlab's sole discretion, in particular, but not exclusively, in order to comply with legislative or regulatory obligations. Coinlab shall not be liable for the consequences of restrictions (such as refusal to create an Account or closure/deletion of a Client's Account), even new ones, which may apply to the Client's country of residence, nationality, or registered office, or which may result from legislative or regulatory obligations.

1. Verification of the Client's identity (Know Your Client) and tracking of transactions (Know Your Transactions)

The information provided by the Client for the purpose of creating an Account is used to verify their identity, in particular as part of Coinlab's “Know Your Client” (hereinafter referred to as “KYC”), as well as to prevent or detect any attempts or activities related to fraud, corruption, money laundering, or terrorist financing, and more generally any potential illegal or fraudulent activities. This may include additional processes such as compliance with requirements for proof of the Client's “living” nature or proof of “life.”

The Client's request to provide this information to the Company stems, among other things, from the latter's obligations in terms of anti-money laundering and counter-terrorist financing within the meaning of the AMLA. Accordingly, the Client undertakes and guarantees to Coinlab to comply with the KYC process and to answer any questions and provide any information required for this purpose.

KYC operations, and in particular Client identity verification operations, may be outsourced by Coinlab to an external service provider. In all cases, the Client shall be required to comply with all instructions provided by Coinlab and/or that service provider.

In addition, Coinlab may use transaction tracking and analysis solutions (hereinafter referred to as “KYT”) to better detect anomalies and to prevent or detect any attempts or activities related to fraud, corruption, money laundering, or terrorist financing, and more generally any potentially illegal or fraudulent activities or actions, which the Client acknowledges and accepts.

KYT operations may be outsourced by Coinlab to an external service provider. In all cases, the Client shall be required to comply with all instructions provided by Coinlab and/or this service provider.

It is therefore specified that KYC and KYT operations may lead to the Client being refused the use of certain Services or the execution of certain Transactions, this decision being made at Coinlab's sole discretion and without any liability on the part of Coinlab.

1. Prohibitions regarding the Client's Account

The creation or opening of an Account is prohibited for any Client whose Account has previously been closed by Coinlab.

A Client who requests the creation of an Account guarantees that their use of the Website and Services will not expose Coinlab to any sanctions and that such use will not violate any applicable law or regulation, in particular with regard to the fight against terrorism, the fight against corruption, combating the financing of the proliferation of weapons of mass destruction, and combating money laundering. In particular, the Client guarantees that:

• they are not subject to any prohibitions on the use of the Services resulting, in particular, from statutory or executive regulations or, for example, from an administrative or court decision;
• he/she is not subject to restrictions on access to financial services, such as those adopted by the United Nations, the Council of the European Union, the United Kingdom, the USA, Poland, or any other country or jurisdiction in the fight against terrorism, corruption, the financing of the proliferation of weapons of mass destruction, and money laundering;
• is not on the sanctions lists maintained by, among others, OFAC or the US Department of Commerce's Denied Persons List, or on any sanctions list or list of designated persons or countries maintained by the United Kingdom, the United States of America, Poland, or any other country or jurisdiction.

Any violation by the Client of the provisions of this article “Account Creation” constitutes a material breach that may result in the termination of the T&C without notice, to the sole detriment of the Client, and a permanent ban on the Client's access to and use of the Website and Services.

In addition, the Company reserves the right to refuse to create an Account for a Client who does not meet or comply with the conditions set forth in this article “Creating an Account” and, more generally, in these Terms of Use, as well as to close/delete a Client's Account under the conditions set forth in the article “Closing and Deleting an Account.”

1. Confidentiality and security of the Client's Account

Creating an Account requires the Client to choose Login Details that are confidential, personal, unique (i.e. not used on other websites) and that will be necessary to access the Account. To do this, the Client will be asked to choose an identifier or login (i.e., their email address) and a password, which must comply with the required format and characteristics indicated in the online form requesting the creation of an Account.

The Client is solely responsible for maintaining the confidentiality of their Identifiers, which are strictly personal to them, and undertakes to take all useful measures to ensure this complete confidentiality, and in particular to change their password regularly. The Client is also required to keep their Identifiers confidential and protect them from access by third parties or disclosure. The Client is solely responsible for the strictly personal use of their Identifiers and guarantees this to Coinlab.

In the event of loss or theft of the password or in the event of unauthorized access to the Client's Account, the Client shall immediately inform Coinlab by email at the following address: _____ and shall comply with any instructions that may be given by the Company, in particular to block access to the Client's Account. The reopening of the Client Account following such a request for blocking will be subject to the Client providing additional information and/or documents to verify their identity and the validity of the request for reopening. Coinlab shall not be liable if the Client fails to provide the required information and/or documents.

Access to the Account and use of the Services by the Client is at their sole responsibility, and Coinlab shall not be liable for any fraudulent use of or access to the Account that can be attributed to the Client or their behavior, including negligence. Therefore, the use of the Client's Identifiers to connect to their Account and carry out Transactions is, as a rule, between the Parties and, except in the case of fault attributable to Coinlab, the Client is responsible for (i) operations carried out on or from their Account, (ii) any use of the Website and Services carried out at the same time as they connect to their Account, and (iii) any facts or actions related thereto.

The Client is also hereby informed that logging into or accessing their Account using their Identifiers constitutes, as a rule and in the absence of proof to the contrary, proof of the Client's authentication and identification.

1. Closing and deleting the Client's Account

The Client may request the closure and deletion of their Account by sending an email to the following address: _____

Coinlab will in any case automatically close and delete the Client's Account within _____ of the Client's last login to the Account if they have not had any Digital Assets in their Wallet during that period.

In addition, Coinlab will close and delete the Client's Account in the event of termination of these T&C.

The Client is solely responsible for storing and backing up information and documents sent by or to Coinlab, or more generally via the Website and/or recorded or stored in the Account, as Coinlab does not provide third-party storage, backup, or archiving services in this regard.

The closure and deletion of the Client's Account, regardless of the reason or initiator, shall not give rise to any compensation for the Client.

1. Financial terms and conditions for the provision of Services

Transactions are services offered to the Client for a fee. The Client is therefore obliged to pay Coinlab (unless these T&C provide otherwise that the Fees are payable to a third party) the Transaction Fees specified below.

The Fees charged on the Website, in particular the rates used to calculate various Transaction Fees, are specified on the Website in the section https://localcoinatm.com/fees/ and, where applicable, on the screens of ATMs.

The rates may be modified/changed at any time. In the event of a tariff update, the new tariffs shall apply to all Operations initiated and approved by the Client after the date of entry into force of the new tariffs.

The amount of Fees for Purchase or Sale Transactions depends on Coinlab and is determined at Coinlab's sole discretion, taking into account the costs incurred by the Company. The relevant information is provided to the Client by Coinlab at its sole discretion and responsibility.These Fees are payable (and paid by the Client) directly to Coinlab. The Fees will be increased by VAT at the current rate (only if VAT is applicable).

1. Warnings regarding prices and fees

The price of Digital Assets and the amount of Transaction Fees are fixed at the moment T when the Client approves the Transaction. However, given the particularly high volatility of Digital Assets, it is possible that the Price of a Digital Asset and the amount of Transaction Fees may not be strictly identical between the moment the Client views them beforehand and the moment they actually confirm the Transaction.

Prices and fees for Operations may therefore be subject to change, both continuously and periodically, at any time. Except in cases where a Transaction may be canceled in accordance with these T&C, Transactions are irreversible and the Client may not request their cancellation as a result of a change in Prices or Fee rates that occurred after the Transaction was approved.

Furthermore, the price set at time T when the Client approves the transaction is not guaranteed, nor is the amount of the associated Transaction Fees:

• taking into account the delay between the approval of the order and its actual execution; 
• in the case of an approved Operation that has not been successfully completed and executed;
• following a modification of the Operation requested by the Client or resulting from an error or misconduct attributable to the Client;
• in the event of non-compliance with these T&C by the Client;
• in the event of closure/deletion of the Account by Coinlab or by the Client; 
• in the event of cancellation of the Transaction by the Client or by Coinlab under the conditions set out in the T&C;
• in the event of force majeure;
• in the event of a failure or interruption in the operation of the Website and/or Services due to one of the circumstances described in the article “Availability of the Website and Services.

7.2. Rules for determining Prices and Fees

7.2.1. Current Fee rates and information on how the Price of Digital Assets is calculated are made available to the Client on the Website in the section https://localcoinatm.com/fees/ and, where applicable, on the screens of ATMs. This information is provided to the Client before the initiation of a given Transaction and forms an integral part of these T&C.

7.2.2. The Digital Asset Price presented to the Client before the Transaction is confirmed may include both the market price of the Digital Asset and Coinlab's margin (spread) resulting from Coinlab's business model and the costs incurred by Coinlab. Before confirming the Transaction, the Client receives information about the Price of the Digital Asset and the amount of Fees related to the Transaction, which allows the Client to verify the total cost of the Transaction.

7.2.3. Changes in Fee rates and rules for calculating the Price of Digital Assets apply only to Transactions initiated after the date of entry into force of such changes. Coinlab shall inform Clients who have Accounts about changes in Fee rates and the rules for calculating the Price of Digital Assets via a Durable Medium, with appropriate advance notice, unless otherwise provided by law.

7.2.4. A Transaction may be concluded by the Client only after they have familiarized themselves with the current Digital Asset Prices and Fees and accepted them by confirming the Transaction. Confirmation of the Transaction means the Client's consent to the application of the Digital Asset Price and Fees indicated at the time of confirmation of the Transaction.

1. Obligations of the Parties
2. Obligations of the Provider

Coinlab is bound by the terms and conditions set forth in these T&C. Coinlab provides the Client with Services, including access to the Website and ATMs, and is therefore subject to the obligation to apply measures.

In particular, Coinlab strives to maintain the availability of the Website and Services, as well as ATMs, as specified in the article “Terms of Use of the Website and Services” in this document.

1. Client's Obligations

The Client warrants that they have ensured that they are authorized in their country or jurisdiction of residence and registration to access and use the Website and Services offered by Coinlab. The Client has also ensured that the Website and Services are suitable for their needs, that they meet their expectations, and that they have the technical and financial skills and knowledge, as well as the necessary computer environment, to properly use the Website and Services.

The Client is bound by the terms and conditions of these T&C. The Client is solely responsible for the use of the Website, ATMs, their Account, and Services, as well as for the actions and deeds of persons whom they have authorized to access their Personal Space, including any subsequent transactions.

The Client is obliged to use the Website and Services, as well as the ATMs, in accordance with the laws and regulations in force in the countries and jurisdictions in which activities and interests related to Digital Asset Operations and transactions are conducted, and may not use the Website and/or Services for illegal or unlawful purposes, or for purposes other than those for which the Website and Services have been made available to the Client.

It is the Client's responsibility to file the appropriate tax returns, bearing in mind that the taxation of income from investments in Digital Assets varies depending on the laws of the country in which the Client is a resident.

1. Responsibility of the Parties

9.1. Each Party shall be liable for non-performance or improper performance of its obligations under these T&C on the terms specified in mandatory provisions of law, in particular the Civil Code, taking into account the provisions of this article.

9.2. Coinlab's obligation is to provide the Services with due diligence appropriate for a professional entity operating on the market of services related to Digital Assets. Coinlab does not provide investment, legal, tax or other advisory services, unless expressly stated otherwise in a separate agreement concluded with the Client.

9.3. Coinlab may be held liable to the Client only for damages that are a normal, typical consequence of a breach of obligations under these T&C, whereby:

a) as a rule, Coinlab's liability covers only actual damages (damnum emergens), excluding lost profits (lucrum cessans), unless mandatory provisions of law provide otherwise or the damage was caused by Coinlab's intentional fault or gross negligence;

b) Coinlab shall not be liable for indirect damage, in particular for loss of expected profits, loss of reputation, or business interruption, unless the damage was caused by Coinlab's intentional fault or gross negligence;

c) the provisions of this article do not affect the rights of the Client who is a Consumer under mandatory provisions of law.

9.4. Coinlab shall not be liable for non-performance or improper performance of its obligations under these T&C to the extent that it is caused by:

a) the occurrence of Force Majeure, as defined in these T&C, subject to paragraph 9.6;

b) the actions or omissions of third parties for which Coinlab is not responsible, in particular Payment Service Providers, telecommunications service providers, KYC/KYT service providers, liquidity providers, or blockchain network operators;

c) use of the Website, Account, ATMs, or Services in a manner contrary to these T&C, the instructions provided, or applicable law;

d) malfunction or misconfiguration of the Client's computer hardware, software, or telecommunications connections;

e) the Client's failure to fulfill their obligations under the law (in particular in the area of tax, foreign exchange, AML/CFT) or these T&C, including the obligation to update data and provide the required documents.

9.5. Liability for the Digital Asset Custody Service

a) Notwithstanding the other provisions of this article, in relation to the provision of the Digital Asset Custody Service, Coinlab shall be liable to the Client for the loss of the Client's Digital Assets or means of access to them (in particular, cryptographic private keys) if such loss is the result of an event attributable to Coinlab, in accordance with Article 75 of the MiCA Regulation.

b) The liability referred to in point a) is, in principle, limited to the market value of the lost Digital Assets at the time of the event causing the loss, unless mandatory provisions of law provide for a stricter liability regime.

c) Coinlab shall not be liable for the loss of Digital Assets or means of access to them resulting solely from the characteristics or defects of a given blockchain network over which Coinlab has no objective control, unless otherwise provided by law, including the MiCA Regulation.

d) The provisions of this paragraph cannot be excluded or limited by agreement to the extent that they regulate Coinlab's liability to the Client who is a consumer in accordance with mandatory provisions of law.

9.6. In relations with a Client who is a Consumer, any limitations or exclusions of Coinlab's liability provided for in this article shall apply only to the extent permitted by mandatory provisions of law. In the event of a conflict, those provisions shall prevail and the relevant provisions of the T&C shall be invalid only to the extent of such conflict.

1. Termination of Services

Without prejudice to the specific right of termination available to Clients who are Consumers, Clients may terminate the Terms of Service at any time and without notice, provided that they delete their Account in accordance with the terms set out in the section entitled “Closing and Deleting an Account.” Coinlab is authorized to terminate and cancel these Terms of Service, without the Client being entitled to claim any damages in this respect, under the following conditions:

• if a law, regulation, or decision of a competent authority or jurisdiction prevents the maintenance of all or part of the T&C (and thus the Services) between the Parties, or if Coinlab has reason to believe that the maintenance of all or part of the T&C (and thus the Services) is therefore impossible, subject to a thirty-day (30) notice period, unless the law, regulation, or decision referred to in this article prohibits or does not allow Coinlab to maintain such a notice period. In addition, Coinlab may, at its sole discretion, subject to compliance with the aforementioned notice period, unless conditions do not allow for such notice period to be observed, terminate part or all of the T&C (and thus terminate part or all of the Services) in order to comply with all laws, regulations, or decisions applicable to transactions or manipulative actions on Digital Assets;
• in the event of technical or security issues affecting the Website and/or the provision of the Services, with thirty (30) days' notice or, if conditions do not allow for such notice, immediately without notice;

Unless otherwise provided in this article and unless prohibited by law or by a decision of a competent authority, any termination initiated by Coinlab shall be preceded by an email sent to the email address provided by the Client, informing the Client of such termination and the date on which the termination will take effect, in accordance with the terms and notice periods set forth herein. In the absence of any obligation on the part of Coinlab to give prior notice, this email will be sent at the same time as the termination.

To the fullest extent permitted by law (and consumer protection in the case of a Client who is a consumer), the T&C may be terminated at Coinlab's initiative, in addition to the cases expressly provided for in the terms of these T&C and without prejudice to any compensation that may be claimed from the Client, in the following cases:

• in the event of a breach by the Client of any of its obligations or commitments under these T&C, in particular in the event of a breach of its obligations under the articles “Description of Services,” “Terms of Use of the Website and Services,” “Terms of Use of the Account,” “Financial Terms,” and “Obligations of the Parties,” seven (7) days after notifying the Client of a formal request to fulfill its obligations and/or commitments, which has remained ineffective;
• in the event of a serious breach by the Client, which entitles Coinlab to terminate the T&C without notice and without prior formal notification, in which case Coinlab may terminate these T&C simply by sending a message to the email address provided by the Client. In this regard, serious breaches by the Client entitle Coinlab to terminate the Terms of Service without notice, including:
• the fact that the Client registers on behalf of another person in order to circumvent the prohibition on creating an Account;
• the fact that the Client provides information that is misleading, inaccurate, outdated, obsolete, or incomplete (for example, information regarding their identity or contact details), or that they do not update some of this information, or provide false documents (e.g., false identification);
• the fact that the Client refuses to accept the amended T&C by requesting the deletion of the Account;
• use of the Website and/or Services, voluntarily or involuntarily, for illegal or fraudulent purposes or activities;
• any other serious violation of these T&C or applicable laws and regulations.

The formal notices referred to in this article shall be sent by Coinlab by email to the email address provided by the Client and shall refer to this article. Coinlab will then inform the Client in the same manner of the effective termination of the T&C. In the absence of any obligation on the part of Coinlab to notify the Client in advance, an email will nevertheless be sent to the Client informing them of the termination of the T&C.

1. Personal data and cookies

Coinlab is responsible for processing Clients' personal data via the Website. Clients are requested to click here https://localcoinatm.com/privacy-policy/ to access Coinlab's “Personal Data Protection Policy.”

Cookies and other tags or similar technologies may be installed and/or read in your web browser when you visit the Website. Clients are requested to click here https://Coinlab.com/cookie-management-policy/ to access Coinlab's “cookie management policy.”

1. Intellectual property

These T&C do not entail the transfer, concession, or licensing of intellectual property rights or sui generis rights of the database producer to the Client.

The Website as a whole, as well as each of its individual components, in particular programs and developments, its structure and content, including data, text, still or animated images, logos, sounds, graphics, photos, and files, are the exclusive property of Coinlab or third parties who have transferred or granted the right to use them.

Any representation or reproduction, in whole or in part, of the Website or any of its components without the express consent of Coinlab is prohibited and constitutes an infringement punishable under the Act of February 4, 1994. Copyright and related rights (Journal of Laws of 2025, item 24) or an act of unfair competition or parasitism and/or generally the fault for which the author is responsible. In any case, any representation or reproduction authorized by Coinlab of all or part of the Website or its components must include the words “Copyright Coinlab - all rights reserved.”

The trademarks and logos appearing on the Website are registered trademarks of Coinlab or third parties. Any reproduction, imitation, or use, in whole or in part, of these distinctive signs without the express consent of the rights holder or in violation of intellectual property rights will result in the author's liability.

All other distinctive signs, in particular company names, trade names, brand names, and domain names appearing on the Website are the property of Coinlab or the relevant third parties. Any reproduction, distribution, or other use without the prior express consent of the rights holder may constitute an infringement of rights and, more broadly, a misleading act for which the perpetrator shall be solely liable.

1. Right of withdrawal
2. A Client who is a Consumer and who concludes a Distance Agreement with Coinlab is, as a rule, entitled to withdraw from the Agreement within 14 days of its conclusion, without giving any reason and without incurring any costs, subject to the exceptions provided for in the law, in particular in the Act of May 30, 2014, on consumer rights.
3. A Client who is a Consumer acknowledges that, pursuant to Article 38(2) of the Consumer Rights Act, the right to withdraw from a distance contract does not apply to contracts in which the price or remuneration depends on fluctuations in the financial market over which the trader has no control and which may occur before the deadline for withdrawal from the contract, in particular with regard to services related to Digital Assets.
4. To the extent that the Agreement concerns services related to Digital Assets whose Price depends solely on price movements on the financial market or the Digital Assets market, the Client who is a Consumer acknowledges and accepts that – if the conditions specified in Article 38 of the Consumer Rights Act are met – they are not entitled to withdraw from the Agreement pursuant to Article 27 of that Act. Coinlab shall inform the Client of the above at the latest before the Client submits a declaration of will to conclude the Agreement on a Durable Medium.
5. If, under the Agreement, Coinlab is to commence the provision of services relating to Digital Assets before the expiry of the deadline for withdrawal from the Agreement, the Client who is a Consumer, by submitting a declaration of intent to conclude the Agreement and initiating the first Transaction, expressly agrees to the commencement of the provision of services before the expiry of the withdrawal period and acknowledges that, to the extent referred to in section 13.3, they lose the right to withdraw from the Agreement.
6. To the extent that the Agreement also covers other services to which the right of withdrawal applies, a Client who is a Consumer may exercise the right of withdrawal on the terms specified in the Consumer Rights Act, in particular by submitting a statement of withdrawal to Coinlab in writing or in the form of an e-mail sent to the address indicated in these T&C.

Pursuant to Article 38(1)(2) of the Act of August 23, 2007, on counteracting unfair market practices (Journal of Laws of 2023, item 845) the right to withdraw from a contract concluded outside the business premises or at a distance does not apply to the Consumer in relation to contracts in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the withdrawal period, i.e., contracts relating to Digital Assets.

1. Other

To the fullest extent permitted by Polish law (and in the case of a Client who is a consumer, unless consumer protection laws provide otherwise), the Client and Coinlab shall not be liable to the other Party for any failure to perform their obligations under these T&C resulting from force majeure.

By express agreement of the Parties, force majeure includes, in particular:

• interruptions in energy supply, including any failures, restrictions, or instability of power supply;
• disruptions in communication networks, both public and private, including, in particular, total or partial shutdown of Internet access;
• cyber-attacks or IT intrusions resulting in the inability to recover data or provide Services by Coinlab and/or its partners;
• weather phenomena and extreme climatic conditions such as storms, hail, lightning, hurricanes, and other similar events;
• natural disasters, including earthquakes, floods, and water damage;
• the impact of magnetic fields;
• aircraft accidents, including aircraft crashes;
• acts of terrorism;
• war, riots, armed conflicts, fires, explosions, strikes (internal or external), lockouts, or seizure of Coinlab's premises;
• statutory restrictions or decisions of public authorities, including changes in regulations concerning forms of marketing;
• accidents of any kind;
• epidemics, pandemics, or diseases affecting at least 10% of Coinlab's employees or associates (including internal and external consultants and persons employed by entities within the Coinlab capital group) during two consecutive months;
• roadblocks, interruptions in supply chains, or supply shortages.

preventing the Party from normally performing its obligations under the T&C.

Coinlab draws the Client's attention to the risks inherent in any business transaction, in particular any transaction involving Digital Assets. The Client's use of the Services constitutes acceptance of this risk. Therefore, any financial losses incurred by the Client as a result of using the Services do not constitute a situation of unpredictability, and therefore do not entitle the Client to benefit from the legal regime of unpredictability provided for in this article or from any legal or regulatory provisions that may apply to such a situation, which the Client expressly acknowledges and accepts. The same applies more generally where the contractual balance is disrupted by circumstances that could not have been foreseen at the time of conclusion of the T&C, even if their performance proves excessively burdensome, The Client agrees to bear all economic and financial consequences and waives in such a case any right to invoke the legal regime of unpredictability provided for in the above-mentioned article of the Civil Code, as well as any legal or regulatory provisions that may apply in such a situation.

In the event of interpretative difficulties arising from a conflict between any of the headings appearing at the top of the articles and any of the articles, the headings shall be deemed non-existent.

If one or more provisions of the T&C are deemed invalid, ineffective, illegal, or unenforceable, or are deemed as such in application of the provisions of law, regulations, or as a result of a final decision of a court or competent authority, the remaining provisions shall remain in force and retain their full force and scope.

The parties acknowledge that each of them acts on its own behalf as an independent party and that these T&C shall not be interpreted in any other way.

In order to perform the T&C, and in particular to provide the Services, Coinlab may, at its sole discretion, use subcontractors, whereby Coinlab remains liable to the Client for the performance of the T&C in accordance with the terms and conditions of the T&C.

The Client's account may not be assigned or transferred to a third party, and the Client may not assign or transfer the T&C or all or part of its rights and obligations under the T&C to a third party.

Unless otherwise specified, the times and periods indicated in these T&C are given in calendar days.

The Client undertakes not to transmit via the Website any content that is unlawful or disrupts the proper functioning of the Website or the Services.

1. Complaints, mediation, and alternative dispute resolution

A response to a complaint must be provided without undue delay, but no later than 30 days from the date of receipt of the complaint. To meet the deadline, it is sufficient to send the response before its expiry. In particularly complex cases, which prevent the complaint from being considered and a response being provided within the above-mentioned deadline, Coinlab shall, in the information provided to the Client who submitted the complaint:

1) explain the reason for the delay;

2) indicate the circumstances that must be established in order to consider the case;

3) specify the expected date of consideration of the complaint and response, which may not exceed 60 days from the date of receipt of the complaint. If the above deadlines are not met, the complaint shall be considered to have been considered in accordance with the Client's wishes.

Any Client who is a Consumer and is in dispute with the Company may contact the Financial Ombudsman at: Biuro Rzecznika Finansowego. ul. Nowogrodzka 47A, 00-695 Warsaw or via the website: https://rf.gov.pl/ on the terms specified in the Act of August 5, 2015, on the handling of complaints by financial market entities and on the Financial Ombudsman and the Financial Education Fund (Journal of Laws of 2024, item 1109).

The current register of such entities is maintained by the President of the Office of Competition and Consumer Protection: https://uokik.gov.pl/bip/sprawy-konsumenckie

A Client who is a consumer may also use out-of-court dispute resolution before a competent local permanent consumer arbitration court and via the European Commission's ODR platform.

1. Applicable law and jurisdiction

The original version of these Terms and Conditions is in Polish. In the event of translation into one or more foreign languages, the Polish text shall prevail, in particular in the event of legal disputes.

The website is subject to Polish law. Therefore, the content offered is in accordance with the applicable provisions of Polish law. Coinlab cannot be held liable in the event of non-compliance with the legislation of the Client's country of connection.

These terms and conditions and the relationship between Coinlab and the Client are also governed by Polish law. This applies to both substantive and formal provisions, regardless of the place of performance of the main or additional obligations.

In the event of any dispute concerning the interpretation or performance of these terms and conditions, the Parties shall use their best efforts to reach an amicable settlement. In the absence of an amicable solution, Polish courts shall have exclusive jurisdiction to hear any disputes arising from the application of these Terms and Conditions or arising directly or indirectly from the use of the Website. The reference language for the resolution of any disputes is Polish.

These provisions regarding applicable law and jurisdiction are subject to any mandatory provisions that may apply to the Client as a Consumer within the meaning of the Act of May 30, 2014, on consumer rights (Journal of Laws of 2024, item 1796).