Terms and Conditions of Use of INCOIN Service

The following terms and conditions ("Terms") apply in connection with the cryptocurrency payment services provided through the incoin.biz website ("Application").

You shall accept these Terms to be able to use the Application, whereby You as a Customer ("You") become capable of easily balancing the price of your purchase through the Application in cryptocurrency payment to the Merchant in the online shopping site of a Merchant contracted for the use of the Application.

I. Definitions

Customer: the persons who purchase Goods or use Services from the online shopping site of a Merchant and balance the consideration in a cryptocurrency payment through the Application.

Merchant: the contracted partners of INCOIN who provide the opportunity to balance the consideration in a cryptocurrency payment through the Application.

Application: those cryptocurrency payment services that are provided by the incoin.biz website, whereby the Merchants may offer their Goods and Services in exchange for supported cryptocurrencies.

Crypto Wallet: A cryptocurrency wallet is a device, physical medium, program or a service which stores the public and/or private keys for cryptocurrency transactions e.g. MetaMask. The Application accepts Crypto Wallets from the providers listed on the incoin.biz website.

Cryptocurrency: means the supported cryptocurrencies that may be accepted through the Application by the Merchants.

Cryptocurrency payment or transfer: means payment methods when a debt (in connection with online shopping) is balanced in cryptocurrency through the Application.

Goods and Services: Goods and Services that may be offered for sale or to be carried out if the possession, sale, and distribution (export or import) or the activity as a service itself complies with the applicable laws.

The above-defined terms shall be used in these Terms regardless of whether they are capitalized or not.

II. General information

The Terms are to be applied between You and INCOIN (collectively: "Parties"). Please find the identification data of Incoin ("INCOIN") in Chapter VI.

Before making any cryptocurrency payment, You are required to get familiar with these Terms and make a statement about accepting the provisions thereof. By virtue of accepting these Terms, You state that You have reached the legal age of majority. If a representative acts on behalf of an entity, such as a legal person, the representative states that he or she has the legal authority to bind that entity to these Terms.

The concluded Terms shall be deemed a written contract, and English shall be the governing language. The concluded Terms shall be filed by INCOIN, retained at least for five years after its conclusion, and subsequently accessible to You. The effective version of these Terms shall be available on incoin.biz website, thereby You being able to view these Terms concluded between the distant parties.

INCOIN shall not be liable for any errors attributable to erroneous and inaccurate data provided by You, for forgetting passwords, or if the account becomes accessible to unauthorized persons for any reason.

III. Cryptocurrency Payments

The Customer may comply with orders at the Merchant’s website. At the online shopping site of the Merchant, you may launch Your payment by selecting the "pay in INCOIN" button. Thereafter an INCOIN popup window will appear where You can check all data of the transaction. By continuing and submitting Your payments using the "Pay" button, You acknowledge that You have accepted these Terms and are aware that You are transferring Cryptocurrencies from Your Crypto Wallet. INCOIN confirms Your payment on the same popup window after You have submitted it immediately but a maximum of within 15 minutes. You accept that is Your sole responsibility not to close this window till this confirmation . You may find the actual result and confirmation of the transaction in Your email address, provided that You have set Your email address before launching the payment. You may find the result of the transaction also in Your Crypto Wallet. The result of the transaction in Your Crypto Wallet shall be deemed as confirmation of receipt of Your contractual statement if You do not set Your email address where we may send a confirmation email that your transfer order has been received by INCOIN.

Merchants may set their prices in Cryptocurrency or in fiat currency. In that case, if a fiat currency is set, or You wish to balance the price in different cryptocurrencies, INCOIN System calculates the amount to be offset in a cryptocurrency that you wish to pay with. INCOIN uses “API Layer: Exchanges rates API” rates for the calculation that You can check before making such a payment. If You do not agree with the conversion rate or with the amount, please do not make the purchase or contact the Merchant directly to settle an agreement with different conditions. Please be aware that INCOIN does not exchange between cryptocurrencies and fiat currencies “API Layer: Exchanges rates API” is used only for the calculation to help Merchants as described above. Indicated amount in cryptocurrency shall be accepted by the Merchant for the actual transaction.

The INCOIN System, as described above, calculates the amount to be offset in a cryptocurrency, however, at this point, You can identify input errors made in the course of electronic processing before making Your statement. You can proceed to submit Your payment using the "Pay" button. Until the payment is sent, You can correct errors, or You may withdraw by interrupting the payment process and leaving the popup window. Your transfer may be qualified as a finalization of Your contractual statement to make a payment in cryptocurrency. An uncompleted or canceled payment will not be processed. If You have made any incorrigible mistake during the payment process, please contact info@incoin.biz as soon as possible.

To make any transfer in cryptocurrency, You are required to use the Application through a Crypto Wallet provider, thereby presenting the address of Your Crypto Wallet ("Crypto Wallet") to us. INCOIN stores only the address data of the Crypto Wallet; INCOIN does not have direct access to Your Crypto Wallet and hence does not take any liability regarding the confidentiality thereof. Moreover, the cryptocurrency to be used shall be available on Your Crypto Wallet. You have full responsibility to provide accurate data of Your Crypto Wallet without thereto, it is not possible to carry out any cryptocurrency payment. You shall have and warrant that You have the right of disposal over the Crypto Wallet you desire to use for Cryptocurrency Payment; in this regard, You take full legal responsibility. INCOIN shall not be liable for any shortcomings, data leaks, usage by an unauthorized person, or other errors occurring in Your Crypto Wallet.

IV. Fulfillment of the Order

For information, please visit the website of the Merchant. Regarding the shipping of Goods and Services, INCOIN does not take any participation and does not take any liability.

V. Restrictions

INCOIN IS NOT A CONTRACTING PARTY IN THE CONTRACT CONCLUDED BETWEEN THE MERCHANT AND THE CUSTOMER, INCOIN IS NOT AWARE OF THE CONDITIONS OF THIS CONTRACT HENCE IN THE EVENT OF ANY DISPUTE ARISING FROM OR IN CONNECTION WITH THIS CONTRACT OR THE FULFILLMENT THEREOF, SO, ESPECIALLY WITH ITS BREACH, TERMINATION, VALIDITY, OR INTERPRETATION YOU SHALL SEEK REMEDY AT THE MERCHANT, INCOIN HAS NO LIABILITY IN THIS REGARD, AND DOES NOT MAKE ANY WARRANTY RELATED TO THE GOODS AND SERVICES.

INCOIN excludes its liability for damages and any delays related to incorrect data inputs made by You or the Merchant. For securing Cryptocurrency Payments, INCOIN is entitled to verify the set data. We inform You that transfers may be processed only if enough Cryptocurrency is available in your Crypto Wallet. You bear all liability for invalid data, to secure its data related to Your Crypto Wallet.

ANY SERVICE BY INCOIN IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY, EXPRESSED OR IMPLIED, AS TO CONFORMITY TO OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT THE APPLICATION WILL PERFORM UNINTERRUPTED AND WITHOUT ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE RULES OF LAW, INCOIN DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, COMPLETENESS, NON-INFRINGEMENT, OR PRECISION OF THE FUNCTIONS OF THE APPLICATION.

Application may be processed only in an environment that is free of viruses.

INCOIN INTENDS TO LIMIT ITS FINANCIAL AND INDEMNIFICATION LIABILITY ACCORDING TO THE PROVISIONS SET FORTH IN THESE TERMS. HENCE, CONTRACTING PARTIES AGREE THAT INCOIN’S FINANCIAL AND INDEMNIFICATION LIABILITY FOR FINANCIAL CLAIMS SUBMITTED AGAINST IT UNDER ANY LEGAL TITLE (EXCEPT FOR DAMAGES CAUSED BY ANY WILLFUL, MALICIOUS ACT) SHALL BE LIMITED TO EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO THE MERCHANT BUT NOT HIGHER THAN 500 EURS; ALL FURTHER FINANCIAL CLAIMS AND REQUESTS FOR INDEMNIFICATION EXCEEDING THE ABOVE THRESHOLD SHALL BE REJECTED. YOU SHALL NOT INITIATE TRANSFERS ABOVE THIS THRESHOLD IF YOU DO NOT AGREE WITH THIS MATERIAL PROVISION.

VI. Customer Service

INCOIN Customer Service may provide technical help to use the Application. You may submit Your complaints by contacting INCOIN at: info@incoin.biz. INCOIN only accepts complaints submitted through only this e-mail.

The complaint shall contain the cause of the complaint and the information necessary to identify the complainant or the payment. INCOIN examines and responds on the merits to the written complaint within 30 days. All rejected complaints must contain the justification of the rejection.

INCOIN keeps a record of the complaint and a copy of the response for five years; please read more in our Privacy Policy.

VII. Pricing

Cryptocurrency Payments shall have no additional costs for the Customer.

VIII. Cancellation and Refunds

INCOIN DOES NOT PROVIDE A REFUND OPTION OR ANY REMEDIES TO CUSTOMERS EXCEPT OTHERWISE STATED IN THESE TERMS. In case of Your compliments on the purchased Goods and Services, You shall contact directly to the Merchant. If You have compliments on the Application regard, please contact us.

IX. Your Warranties

To use the Application, You shall warrant that You do not break any applicable law by making payments in cryptocurrency, including but not limited to complying with the applicable tax and money laundering regulations.

By making Cryptocurrency Payments, You shall warrant that the cryptocurrency You transfer to Merchants is from transparent and legal sources.

You take full liability in your warranties regard and undertake to fully compensate INCOIN for the incurred damages if you breach the obligations stipulated in this chapter. INCOIN is entitled to permanently exclude You from the Application if any breach of the above is suspected.

X. Changes to the Terms of Service

INCOIN may change these Terms from time to time and without notice You. The Terms in force at the time You place Your payment will govern Your transfer and serve as the contract between us. Please make sure to check the Terms each time You make a Cryptocurrency payment. Your continued use of our Application following the change of the Terms means that You accept and agree to the changes.

XI. Intellectual Property and Trademark Ownership Information

The Website, logos, trademarks, icons, the Application, and interface in whole or in part are owned by INCOIN and are protected by all applicable copyright laws. Anybody who copies or uses any or all portion of the protected items or its supplementary materials without obtaining the prior written permission of INCOIN is violating copyright or other intellectual property law and may be liable to INCOIN and its licensors in particular for damages or may be subject to criminal penalties.

Please contact info@incoin.biz if You need to use an INCOIN logo or other elements of brand identity prior to application.

XII. Jurisdiction, Governing Law

IN THE EVENT OF ANY DISPUTE ARISING FROM OR IN CONNECTION WITH THE PRESENT CONTRACT, SO ESPECIALLY WITH ITS BREACH, TERMINATION, VALIDITY, OR INTERPRETATION, THE PARTIES EXCLUDE THE STATE COURT PROCEDURE AND AGREE TO SUBMIT THE MATTER TO THE EXCLUSIVE AND FINAL DECISION OF THE PERMANENT ARBITRATION COURT ATTACHED TO THE HUNGARIAN CHAMBER OF COMMERCE AND INDUSTRY (Commercial Arbitration Court Budapest). The Arbitration Court proceeds in accordance with its own Rules of Proceedings (supplemented with the provisions of the Sub-Rules of Expedited Proceedings). The number of arbitrators shall be three, and the language to be used in the arbitral proceedings shall be English. The parties exclude the possibility of the retrial of the proceedings as regulated in Section IX of Act no. LX of 2017 on Arbitration. IN ORDER TO SETTLE THE LEGAL DISPUTE, THE HUNGARIAN SUBSTANTIVE LAW SHALL APPLY, EXCLUDING ITS PRIVATE INTERNATIONAL LAW RULES.

THE PARTIES AGREE THAT CLAIMS ARISING FROM THESE TERMS SHALL LAPSE AFTER SIX (6) MONTHS. Claims must be filed to the Arbitration Court within this period. If not filed within that time, then the claim is permanently barred.

XIII. Miscellaneous

Should any part or provision of these Terms is found to be contrary to law by any competent jurisdiction, that part or provision shall be enforced to the maximum extent allowed, and the remaining Terms shall remain in full force and effect.

You may not assign these Terms to another individual or entity.

These Terms constitute the full, entire agreement between You and AXIMMETRY concerning the use of INCOIN and supersede all prior agreements and understandings, either written or oral.

Upon the conclusion of these Terms, INCOIN grants You to use the Application (within the limits set by the Application) for the purpose of transferring the specified amount of cryptocurrency to your Merchant. You are expressly prohibited from decompiling, disassembling, reverse engineering, or reducing the Application for any purpose whatsoever. You shall not unlock or otherwise attempt to discover the source code or underlying algorithms of the Application or attempt to do any of the foregoing in relation to the object code of the Application. You shall not circumvent or bypass any technological protection measures.

The English version of these Terms will be the governing version used when interpreting or construing these Terms. Any translations thereof shall exclusively be provided for information purposes without any binding force, and in no event shall INCOIN be liable for any direct, indirect, incidental, special, or consequential damages or damages whatsoever resulting from any incorrect, incomplete translations.