User Agreement

1. The Services

1. 1.1.1 Account Services

   PokePay’s European services, including but not limited to IBANaccounts, SEPA transfers, and EUR-denominated settlements, are provided byPokePay Technology Sp. z o.o., a Poland-registered entity, and/or its duly authorizedservice providers and banking partners.

   All users utilizing such services agree to be bound by the applicable localregulations, including EU financial directives, and acknowledge that the provision ofsuch services is subject to the legal framework and compliance requirements of theEuropean Union and the Republic of Poland.

   PokePay Technology Sp. z o.o. reserves the right to engage third-partyproviders and licensed financial institutions within the EEA for operational delivery,risk management, and regulatory compliance.

2. 1.2 Money Transfer

3. 1.2.1 Receiving Money into PokePay Account

   Are not permitted to receive payments by other payment methods, including cash, mailed check, or electronic check. There may be financial limits for particular payment methods or currencies.

4. 1.2.2 Transferring Money or Withdrawing Money from PokePay Account

   · Withdrawing it by sending it to your own bank account through electronic funds transfer or other method, depending on the currency;

   · Sending it to another PokePay customer’s account;

   · Sending it to a third party’s bank account through electronic funds transfer or other method, depending on the currency.

5. 1.3 Limits on Receiving and Transfer

   Your agree that PokePay Account is subject to withdrawal limits. If your withdrawal request exceeds the current limit, we may decline your request and require you to provide additional documents to us so that we could carry out additional checks or impose additional obligations before allowing the money to be withdrawn.

   You may upload money in supported currencies into your PokePay Account in order to (i) convert the currency, (ii) send it to another person or to your own account or (iii) holda balance in your PokePay Account for use later. Currencies supported for these actions are listed on our Website.

6. 1.4 Exchange rate

   When we refer to an exchange rate in this Customer Agreement, it means the exchange rate at the relevant time for the relevant currency pair that is offered by PokePay, which is typically provided by a reference rate provider. We may change our reference rate provider from time to time without notice to you.

   For some currencies, we do not use the mid-market exchange rate, including where we are required to use a different reference rate for the exchange rate for your currency pair.

7. 1.5 Credit Card Service Usage Terms

   These terms govern the use of PokePay’s credit card services by the Client. By signing this agreement, the Client agrees to comply with all applicable regulations, security policies, and operational requirements set forth by PokePay.

8. 1.5.1 Credit Card Issuance

   · PokePay provides virtual and physical Visa/Mastercard credit cards to eligible users through the Client’s platform;

   · The Client is responsible for ensuring that cardholders meet all KYC (Know Your Customer) and AML (Anti-Money Laundering) requirements;

   · PokePay reserves the right to approve or decline any credit card issuance based on risk assessments;

   · The Client shall not misrepresent or overpromise the functionalities of PokePay’s credit card services to end-users.

9. 1.5.2 Transaction Processing & Compliance

   · All transactions must comply with Visa/Mastercard network rules and applicable financial regulations;

   · PokePay will monitor and analyze transactions for fraudulent activities and may suspend or reject transactions deemed suspicious;

   · The Client must cooperate with PokePay’s compliance team in case of regulatory inquiries or transaction disputes;

   · Cross-border transactions may be subject to additional compliance checks and regulatory approvals.

10. 1.5.3 Fees & Revenue Settlement

    The Client agrees to pay the applicable fees, including but not limited to:

    · Card issuance fees;

    · Transaction processing fees;

    · Compliance review charges;

    · Chargeback and dispute resolution fees;

    · Payouts for revenue generated from card transactions will be settled monthly, with detailed statements provided;

    · Late payments or outstanding balances may result in the suspension of services.

11. 1.5.4 Confidentiality & Data Protection

    · The Client agrees to handle all customer and transaction data in strict compliance with data protection laws (e.g., GDPR, PIPL);

    · The Client shall not share or sell cardholder data to third parties without prior written approval from PokePay;

    · In case of a data breach, the Client must notify PokePay immediately and take necessary measures to mitigate risks.

12. 1.5.5 Termination & Liability

    PokePay reserves the right to terminate or suspend the Client’s access to credit card services under the following circumstances:

    · Breach of compliance requirements;

    · Failure to meet KYC/AML obligations;

    · High levels of chargebacks or fraudulent activities;

    · Non-payment of agreed fees;

    · The Client shall be liable for any financial losses or regulatory penalties resulting from non-compliance.

2. Getting Started

1. 2.1 Information must be accurate

   All information you provide to us must be complete, accurate and truthful always. You must update this information whenever it changes. We cannot be responsible for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.

2. 2.2 Security and customer due diligence checks

   We are required by law to conduct certain security and customer due diligence checks on you to provide any Services to you and allow you to have. Sometimes, we might also need to perform checks on other parties involved in a particular transaction (for example, on your recipient).

3. 2.3 Information requests

   You agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases or credit reports. You authorise us to obtain one or more of your credit reports, from time to time, to establish, update, or renew PoekPay Services with us or in the event of a dispute relating to this Agreement or our Services. You agree we may disclose certain information about your Business and Authorised Users, including relevant individuals’ names, residential addresses, and dates of birth to a credit reporting agency to obtain a credit report for these purposes.

4. 2.4 Tax information requests

   We are required by law to collect and report information in compliance with international standards, specifically Organisation for Economic Co-operation and Development Common Reporting Standard (CRS) and the Foreign Account Tax Compliance Act (FATCA).

5. 2.4.1 Additional Disclosures for EU Users

   For users residing in the European Union or using EU-based account services provided by PokePay Technology Sp. z o.o., additional disclosures and documentation may be required in accordance with the local tax authorities’ obligations. These may include but are not limited to:

   · Declaration of tax residency under the Common Reporting Standard (CRS);

   . Provision of valid Taxpayer Identification Number (TIN);

   . Acknowledgment that account data may be shared with Polish tax authorities and reported under international information exchange agreements.

   Failure to provide complete and accurate tax information may result in delayed services, account suspension, or legal reporting obligations.

6. 2.5 You must provide accurate Customer Information including but not limited to tax residencies information and Taxpayer Identification Number with respect to each tax residency.

7. 2.6 PokePay reserves the right to close, suspend, or limit access to your PokePay the Services in the event we are unable to obtain or verify any information related to you or your transaction.

3. Limits on How You Can Use Our Service

1. 3.1 You must not misuse our systems. You must not misuse our systems by:

   (a) Introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful;

   (b) Taking any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, or attacking our Website, App or API with any type of denial-of-service attack;

   (c) Using an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software, or routine to bypass our robot exclusion headers;

   (d) Interfering, disrupting, or attempting to interfere or to gain unauthorised access to our Website, software, API, systems (including any networks and servers used to provide any of the PokePay Services) operated by us or on our behalf, any of the PokePay Services or other users’ use of any of the PokePay Services.

2. 3.2 You must not misuse our services. You must not misuse our services by:

   (a) Breaching this Agreement, Additional Document, or any other agreement between you and any PokePay entity;

   (b) Violating any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination, or false advertising);

   (c) Infringing PokePay’s Intellectual Property;

   (d) Selling counterfeit goods;

   (e) Acting in a manner that is defamatory, libellous, threatening or harassing;

   (f) Providing false, inaccurate, or misleading information;

   (g) Sending or receiving what we believe to be potentially fraudulently gained funds;

   (h) Refusing to cooperate in an investigation or provide confirmation of your identity or any information requested by us;

   (i) Attempting to “double dip” during a dispute or claim by receiving or attempting to receive funds from both PokePay and a third party (e.g., a merchant), bank or card issuer for the same transaction;

   (j) Using PokePay’s Services in a manner that results in or may result in:

       i. Complaints to or about PokePay;

       ii. Requests by third parties to invalidate payments made to you;

       iii. Fees, fines, penalties or other liability or losses to PokePay, other PokePay customers, third parties or you;

       iv. Continuing to use or access our Services where your Business is no longer eligible or there's been a material change to your Business that affects your verification status with us;

       v. Harassing, being abusive towards and/or threatening our employees, agents, or other customers.

   (k) Accessing the PokePay Services from a country that PokePay is not permitted to operate;

   (l) Taking any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers or service providers;

   (m) Circumventing this Agreement or any Additional Document or PokePay policy.

3. 3.3 We may suspend your access to our Services. We may suspend Services or restrict its functionality if we have reasonable concerns about:

   (a) The security of your customer information;

   (b) Suspected unauthorised or fraudulent use of our Services;

   (c) Suspected violations of this Agreement or the Additional Documents, including our Acceptable Use Policy;

   (d) Suspected use for our Services as a deposit account or stored value facility.

4. 3.4 We will give you notice of any suspension or restriction and the reasons for such suspension or restriction as soon as we can, either before the suspension or restriction is put in place, or soon after, unless notifying you would be unlawful or compromise our reasonable security measures.

5. 3.5 The actions we may take if you misuse our Services or systems. If we believe that any of the activities listed in this section 3 have been taken by you, we may take several actions to protect PokePay, its customers and others, at any time and at our sole discretion. The actions we may take include, but are not limited to, the following:

   (a) Terminating this Agreement immediately;

   (b) Suspending your PokePay Services;

   (c) Closing your PokePay Services and terminating your access to our Services, which means PokePay Services is deactivated, without notice, and without penalty to us;

   (d) Reporting suspected breach of law, regulation, or criminal statute to the relevant law enforcement authorities, and we will cooperate with those authorities, including by disclosing your identity to them;

   (e) Refusing to provide our Services to you or your businesses or affiliates in the future;

   (f) Limiting your access to our Website, App, software, systems;

   (g) Contacting your bank or credit card issuer, other impacted third parties, or law enforcement about your actions;

   (h) Updating inaccurate information, you provided us;

   (i) Taking legal action against you, including seeking damages and reimbursement for losses and fees.

6. 3.6 Court Orders

   If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with court order, applicable law or regulatory requirements, we may be required to take certain actions, Unless the court order, applicable law, regulatory requirement, or other legal process requires otherwise, we will attempt to notify you of these actions using the contact information that you have provided to us. We do not have an obligation to contest or appeal any court order or legal process involving you, your use of our Services. When we implement a hold, reserve, or limitation because of a court order, applicable law, regulatory requirement or other legal process, the hold, reserve, or limitation may remain in place as long as reasonably necessary.

4. PokePay’s Rights

1. 4.1 Limitation on PokePay’s Liability, Indemnity and Release

   In no event shall PokePay be liable for lost profits or for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of business, loss of security of any information or other materials (including unauthorized interception by third parties of any information or other materials), even if advised in advance of the possibility of such damages or losses, however arising, including negligence, unless and to the extent prohibited by law. Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages.

   In addition, to the extent permitted by applicable law, PokePay is not liable, and you agree not to hold PokePay responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

   (1) Your use of, or your inability to use, our websites, API, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, or any of the Services;

   (2) Delays or disruptions in our Website software, API, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf and any of the Services;

   (3) Viruses or other malicious software obtained by accessing our websites, API, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or any of the Services or any website or service linked to our websites, software or any of the Services;

   (4) Glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or any of the Services or in the information and graphics obtained from them;

   (5) The content, actions, or inactions of third parties;

   (6) A suspension or other action taken with respect to PokePay Services;

   (7) Your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Customer Agreement or any other PokePay policy.

2. 4.2 Indemnity​

   Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless PokePay and its affiliates, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your or your authorized third parties use of, or activities in connection with, the Services; and (b) any violation or alleged violation by you of this Customer Agreement or applicable law.

5. Release

1. If you have a dispute with any other third party that you send money to or receive money from using the Services, you release PokePay from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

6. Service Availability

1. We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We have the right to suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable (in whole or in part) at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services (including all hardware and telecommunications services).

7. Disclaimer of Warranty

1. The Services are provided “As-Is” “Where Is” and “Where Available” and without any representation or warranty, whether express, implied or statutory. PokePay specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We disclaim all warranties with respect to the Services to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title.

8. Insolvency Proceedings

1. If any type of bankruptcy or insolvency proceeding (e.g., a proceeding commenced under any provision of the United States Bankruptcy Code) is commenced by or against you, we’ll be entitled to recover all reasonable costs or expenses (including reasonable attorneys' fees and expenses) incurred in connection with the enforcement of this Customer Agreement or objections that we supply information in connection with such proceeding.

9. Intellectual Property

1. “PokePay”,“Pokepay.com” and “Pokepay.cc” are all logos related to the Services that are either trademarks or or PokePay’s licensors. You may not copy, imitate, modify or use them without PokePay’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of PokePay. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by PokePay for the purpose of directing web traffic to the Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes PokePay or the Services or display them in any manner that implies PokePay's sponsorship or endorsement. All right, title and interest in and to the PokePay websites, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of PokePay and its licensors.

10. Privacy

1. Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. PokePay is committed to protecting and respecting your privacy, and we will only use your personal information to administer your account and to provide the products and services you requested from us. From time to time, we would like to contact you about our products and services, as well as other content that may be of interest to you. By signing this document, you consent to us contacting you for this purpose.

11. Law and Jurisdiction

1. The provision of the Services and any dispute or claim arising out of the provision of the Services is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute or claim arising out of or in connection with the Service, this Customer Agreement, or use of the Website will be subject to the non-exclusive jurisdiction of the courts of the Province of Ontario.

12. PokePay is a payment service provider

1. Our relationship with you under this Agreement with you is as a payment service provider, and PokePay is an independent contractor for all purposes. PokePay is not your agent or trustee.

13. Unlawful internet gambling notice

1. Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your PokePay services or your relationship with PokePay. Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.

14. Export Controls

1. You are responsible for complying with Canadian export controls and for any violation of such controls, including any Canadian embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a Canadian government embargo, a country on a Canadian sanctions list or other restriction, or that has been designated by the Canadian government as a “terrorist supporting” country; or (b) on any of the Canadian government lists of restricted end users.

2. 14.1 EU Export Controls​

   For users or transactions involving EU entities or infrastructure, you are also subject to the European Union’s export control regulations, including Council Regulation (EC) No 428/2009 and subsequent updates on dual-use items and technology.

   You warrant that your activities will not involve parties or jurisdictions listed under EU restrictive measures, including embargoed destinations and individuals listed under asset freeze regimes.

Contact Us

If you have any questions or wish to exercise your rights regarding your personal data, please contact us using the following details:

Email:[email protected]