Terms and Conditions

These terms and conditions (https://payb.is/policies/terms-and-conditions) govern your use of service provided by PAYBIS POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, incorporated on 14 June 2023 (KRS number 0001041711), whose registered office is at Hoża 86 / 210, Warsaw, Poland, 00-682, and PAYBIS USA LTD, incorporated in the state of Delaware on 2 June 2021 (file number 5967173) whose address is 321 S. Boston, Tulsa, OK, 74103 (all together hereinafter in the text referred to as “Paybis”).

Paybis provides services in the exchange of fiat currency for cryptocurrency, and cryptocurrency for fiat currency (hereinafter in the text referred to as “Exchange Services”) (hereinafter in the text referred to as “Services”).

The Services are available via Paybis platform (hereinafter in the text referred to as “Platform”) exclusively. The Platform is a partially automated online system. By accessing the Platform and using the Services, you agree that you have read, understood, and accepted all of the terms and conditions of Paybis.

Paybis has the right to unilaterally change and modify terms and conditions at any time. Accessing the Platform and using the Services constitutes your acceptance of the terms and conditions of Paybis published at the moment of accessing the Platform. If you do not agree with the terms and conditions of Paybis, you must stop accessing the Platform and using the Services immediately. The continued use of Paybis Services, after any amendment to these Terms, constitutes your acceptance of the amended Terms.

1. Definitions

“Your Account” means an account created by you on the Platform. You may create only one account. By using Your Account, you agree that you will use the Services only for yourself, and not on behalf of any third party. You are fully responsible for all activity that occurs on Your Account. Paybis may, at its sole discretion, refuse to open an account for you, or suspend or terminate any existing account.

“Order” means (i) purchase of cryptocurrency by you from Paybis via the Platform; or (ii) sale of cryptocurrency to Paybis by you via the Platform. Each Order within the meaning of Point (i) and (ii) of the present Paragraph is a two-party transaction involving only Paybis and you.

2. Main principles for provision of the Services

Paybis reserves the right to request additional information and documents from you if required by applicable law and Paybis’ internal procedures. If you do not provide the requested information or documents, Paybis may limit your access to the Platform.

The list of available cryptoassets may change without prior notice.

Paybis does not provide the Services to legal (juridical) persons / entities.
Paybis does not store, safeguard, or administer fiat currency on behalf of you.

Paybis does not provide financial/investment advice to you. Paybis is not a bank. Cryptocurrencies are highly volatile assets, which means their price can move from extreme highs to extreme lows and vice versa within a short period of time.

All information provided by you during the use of the Services will be treated in accordance with our Privacy Policy.

3. Processing of Orders

All Orders are processed through PAYBIS POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, except certain US states specified below.
Note for the Customers paying with cards issued in the US and residing in American Samoa, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Federated States of Micronesia, Georgia, Guam, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Marshall Islands, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, North Carolina, Northern Mariana Islands, Ohio, Oklahoma, Oregon, Palau, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, US Virgin Islands, Virginia, West Virginia, Wisconsin, Wyoming: Paybis will process your Orders through PAYBIS USA LTD.
Custodian Wallet Services are provided by PAYBIS POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ.
Paybis is not responsible for delays or failures in the handling of Orders arising as a consequence of any problems in the telecommunications, computer and other systems; block or closure of the accounts, freezing or holding of funds, denial of service; change of political regimes, civil strike; and actions of third parties, which are beyond the control of the Platform.
An Order is considered to be completed when: (i) Paybis makes a transfer of the required cryptocurrency amount to the cryptocurrency wallet of your choice (if you purchase cryptocurrency); or (ii) Paybis makes a transfer of the required fiat amount to your indicated account (if you sell cryptocurrency).
Paybis may charge a fee for processing of the Order. You will be informed of the applicable fee before authorizing the Order.
If you provide inaccurate or false information while filling out the Order (including but not limited to a bank account number that belongs to a third party), which later proves to be the reason why the Order cannot be completed, the fees associated with the Order refund shall be borne by you.
The return of the transferred funds is not possible after the Order is completed.
If the amount of cryptocurrency received is different by more than 20% from the amount indicated in the Order, Paybis may unilaterally reject the Order.
Due to the volatile nature of cryptocurrency markets and the fact that prices can fluctuate significantly, there may be instances where the price of cryptocurrency amount has moved between the time an Order is submitted and the time when the Order is processed. Instances like this are rare, but may happen. If the cryptocurrency amount to be sent to you differs by more than 2% between the time the Order is submitted and the time the Order is processed, Paybis reserves the right to reject the transaction and contact you to inform you about the new amount of cryptocurrency to be paid out. You have the option to either withdraw or proceed with the transaction at the new rate.
In the implementation of the return, all commission costs for the cryptocurrency or fiat money transfers are deducted from the funds received from you.
Paybis reserves the right to temporarily hold the funds transferred to it from you if there are attempted attacks on the server. The funds will be returned to you via the same method of payment upon request.
By using the Services, you agree that the liability of the Platform is limited to the funds received from you for the execution of the Order. The Platform does not provide additional warranty and assumes no additional liability to you.
Paybis reserves the right to refuse to process or to cancel any pending Order.

4. Liability and Indemnification

Paybis undertakes to make reasonable efforts to ensure that Orders are processed in a timely manner, but Paybis makes no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors beyond the control of Paybis.
The Services are provided on an "as is" and "as available" basis without any representation or warranty, whether express, implied, or statutory. Paybis does not guarantee that any Order will be accepted. You hereby understand and agree that Paybis shall not be liable for any losses or damages arising out of or relating to: (i) any inaccuracy, defect, or omission of cryptocurrency price data, (ii) any error or delay in the transmission of such data, or (iii) interruption in any such data.
To the maximum extent permitted by applicable law, in no event shall Paybis, its subsidiaries and affiliates, beneficiaries, owners, shareholders, members of the board, directors, representatives, attorneys, officers, managers, employees, agents, and contractors be liable for any lost profits, decrease in value or business opportunity, any loss, damage, corruption or breach of data, or any special, incidental, indirect, intangible, or similar damages, arising in connection with authorized or unauthorized use of the Platform or the Services, or these terms and conditions, except to the extent of a final judicial determination that such damages were a result of Paybis’ fraud, wilful misconduct or intentional violation of applicable law.
You agree to indemnify Paybis, its subsidiaries and affiliates, beneficiaries, owners, shareholders, members of the board, directors, representatives, attorneys, officers, managers, employees, agents, and contractors from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages connected to (i) your use of the Services, (ii) your violation of these Terms and Conditions, or (iii) your violation of other policies, guidelines or instructions of Paybis, or (iv) your violation of any applicable law, regulation, or rights of any third party during your use of the Services.
You acknowledge that Paybis is not liable for actions of third parties providing investment or financial advice, investment services, or other kinds of services to you through the Platform. Paybis strongly encourages you to use the cryptocurrency wallets under your direct control. Paybis cannot be held accountable if you order to send the purchased cryptocurrency to a cryptocurrency wallet outside of your control.

5. Acceptable use

While using the Services, you unconditionally agree to the following:

You will not act illegal, defamatory, threatening, intimidating, or harassing;
You will not impersonate someone;
You will not disguise your location through IP proxying or other methods;
You will not violate, misappropriate, or infringe the rights of publicity, intellectual property, or other proprietary rights; and
You will not violate any applicable law or regulation.

6. Resolution of Disputes & Applicable Law

Paybis and you agree that any disputes arising between us shall initially be attempted to be resolved by mutual negotiations. In such a case, you shall contact Paybis by sending an email describing the dispute to support@paybis.com, and Paybis shall contact you via the email that was used for registration or any other information that you provided to Paybis in order to access the Platform.

The provisions of the Services shall be governed by and interpreted in accordance with Polish Law and the parties submit to the exclusive jurisdiction of the Polish courts.

7. Form of the Terms and Conditions

You and Paybis acknowledge that the digital form of these terms and conditions are legally equal to the terms and conditions executed in a written form and signed by both parties.

8. Third Parties

Paybis may share and transfer (including cross-border transfer) personal information about you to our third party partners in accordance with our Privacy Policy, and as prescribed by applicable law.

9. Termination Policy

Paybis reserves the right to terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you.

You may terminate your account on the Platform at any time.

10. Eligibility

Paybis prohibits the provision of the Services in certain jurisdictions (hereinafter in the text referred to as “Restricted jurisdictions”) in accordance with our regulatory obligations.
At the point of registering the account, you represent and warrant that you:
1. are of legal age to form a binding contract (at least 18 years old);
2. have not previously been suspended from using the Services;
3. are not located in, or is not a resident of any Restricted jurisdictions; and
4. will not use the Services if any applicable laws in your jurisdiction prohibit you from doing so.
The list of Restricted jurisdictions for the provision of the Services includes: Afghanistan, Belarus, Central African Republic, Cuba, Democratic Republic of the Congo, Ethiopia, Iran, Iraq, Lebanon, Louisiana (state of the US), Libya, Mali, Myanmar, New York (state of the US), Nicaragua, North Korea, Russia, Somalia, South Sudan, Sudan, Syria, Venezuela, Yemen, and geographies with unrecognized or disputed status.
The list of Restricted jurisdictions for the provision of the Custodian Wallet Services includes:
Alabama (state of the US), Alaska (state of the US), Arizona (state of the US), Arkansas (state of the US), Canada, Connecticut (state of the US), District of Columbia (state of the US), Florida (state of the US), Georgia (state of the US), Idaho (state of the US), Iowa (state of the US), Kentucky (state of the US), Maine (state of the US), Maryland (state of the US), Michigan (state of the US), Mississippi (state of the US), Minnesota (state of the US), Nebraska (state of the US), Nevada (state of the US), New Mexico (state of the US), North Carolina (state of the US), North Dakota (state of the US), Ohio (state of the US), Oklahoma (state of the US), Oregon (state of the US), Puerto Rico, Rhode Island, South Dakota (state of the US), Texas (state of the US), Vermont (state of the US), Washington (state of the US), West Virginia (state of the US).
Disclaimer for the Customers from selected jurisdictions:
1. Alabama, Alaska, Nevada, New Mexico, North Dakota, Puerto Rico, Vermont, Washington. Paybis does not and will not accept fiat-to-crypto Orders from the Customers residing in the above-mentioned US states and territories involving the following cryptocurrencies: Axie Infinity (AXS), Binance Coin (BNB), Chiliz (CHZ), Holo (HOT), SushiSwap (SUSHI), Terra (LUNA), and TRON (TRX). Paybis will reject such Orders if we detect that you perform them as a resident of the above-mentioned US states and territories.
2. Paybis does not accept crypto-to-fiat orders from customers residing in the following U.S. states and territories: Alabama, Alaska, Arkansas, Minnesota, Nevada, New Mexico, North Dakota, Puerto Rico, Vermont, and Washington. Paybis will reject such Orders if we detect that you perform them as a resident of the above-mentioned US states and territories.
3. Texas. While customers from Texas are allowed to submit fiat-to-crypto Orders (e.g. Credit Card to Bitcoin) or crypto-to-fiat Orders (e.g. Bitcoin to Credit Card) on Paybis, there are some restrictions that apply: 1) Paybis does not and will not accept Orders that involve stable coins (i.e., Tether) from the Customers from Texas; and 2) Paybis will reject such Orders if we detect that you performing them are a resident of Texas. By submitting stablecoin Orders to Paybis, you confirm that you are not a resident of Texas and you are eligible to purchase stablecoins through Paybis.
4. Canada. The sale of stablecoins is not permitted by Canadian CSA. Paybis does not and will not accept Orders that involve stable coins (i.e., Tether) from the Customers from Canada. Paybis will reject such Orders if we detect that you perform them as a resident of Canada. By submitting stablecoin Orders to Paybis, you confirm that you are not a resident of Canada and you are eligible to purchase stablecoins through Paybis.

11. Additional agreement for customers from certain US states and territories

The Customers from Alabama, Alaska, Nevada, New Mexico, North Dakota, Puerto Rico, Vermont, and Washington who want to use Cryptocurrency Exchange services are additionally required to read and accept Zero Hash LLC Services Agreement to be able to use the Services.

12. Refund Policy

PAYBIS POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, incorporated on 14 June 2023 (KRS number 0001041711), whose registered office is at Hoża 86 / 210, 00-682 Warsaw, Poland, and PAYBIS USA LTD, incorporated in the state of Delaware on 2 June 2021 (file number 5967173) whose registered address is 3511 Silverside Road, Suite 105, the City of Wilmington, County of New Castle, 19810 (all together hereinafter in the text referred to as “Paybis”), guarantees the refund right under conditions stipulated in the present refund policy.

12.1. Definitions

“You / your” or “the Customer” means a natural (physical) person who has agreed to all terms and conditions of Paybis, as well as other relevant policies, and uses the Services available on the Platform.

“Order” means (i) purchase of cryptocurrency by you from Paybis via the Platform; or (ii) sale of cryptocurrency to Paybis by you via the Platform; or (iii) your initiated deposit of cryptoassets to Your Wallet; or (iv) your initiated withdrawal of the Stored Cryptoassets to another public blockchain address. Each Order within the meaning of Point (i) and (ii) of the present Paragraph is a two-party transaction involving only Paybis and you.

“Platform” is a partially automated online system located on https://paybis.com/ (hereinafter in the text referred to as “Website”) and in the Paybis app (Paybis: Buy Bitcoin instantly) governed and maintained by Paybis.

“Services” means (i) exchange of fiat currency for cryptocurrency, and cryptocurrency for fiat currency; or (ii) custodian cryptocurrency wallet services enabling you to hold, store, transfer, and manage your balances of supported cryptocurrencies.

12.2. Main principles

If Paybis: 1) does not send the cryptocurrency to the Customer’s indicated address in accordance with the Order; 2) does not send the fiat currency to the Customer’s account in accordance with the Order, Paybis guarantees that the Customer has the right to refund.

The Customer is obliged to follow the payment process provided on the Platform. If the Customer sends funds to Paybis and then requests a cancellation from a third-party financial institution before contacting Paybis, the Customer is responsible to cover the cost of cancellation.

The right to refund may arise only if the Customer has paid for the Services in accordance with the Order, including all relevant fees.

Any charges that arise upon processing of the refund request shall be borne solely by the Customer. The relevant charges are deducted from the final amount of the refund.

In order to apply for refund, the Customer is required to complete a Refund Form and send it to support@paybis.com from the email address connected to the Customer’s account on the Platform.

The review of the Customer’s submitted refund request may start only after the Customer’s identity has been verified on the Platform.

Paybis shall process the Customer’s submitted Refund Form as soon as it is reasonably possible. Response times may vary depending on the stated reasons for refund and the current workload. In any case, Paybis shall notify the Customer on the outcome of the request. The Customer is also welcome to contact our 24/7 Support department to inquire about the updates.

Please note that the submission of a Refund Form does not guarantee the refund request will be approved.

12.3. Refunds after successful cryptocurrency purchase

Refunds are not possible in cases when the Customer has received the purchased cryptocurrency in accordance with the Order. However, in case the Customer has changed their mind and wants to return the purchased cryptocurrency, Paybis is able to buy it back based on the current market rate plus the service fee and Paybis fee. In other words, the Customer can sell the purchased cryptocurrency (i.e. Bitcoin and Tether) and be paid through one of the available payment methods (e.g. Credit Card or Bank Transfer).

12.4. Chargebacks

Paybis expects the Customer to contact the Support department of Paybis (support@paybis.com) to resolve any issue related to the existing Orders before the Customer makes a chargeback request. The present Paragraph does not affect any rights and claims that the Customer may have against the relevant bank or financial institution.

Paybis investigates each chargeback request made by the Customer and communicates with the Customer’s bank or financial institution in a manner prescribed by relevant regulations.

Paybis reserves the right to suspend the Customer’s account on the Platform and lock the Customer's Funds during the chargeback investigation procedure.

13. Complaints Policy

Paybis will always strive to provide an efficient and professional service, and will aim to provide prompt, courteous, and informative advice in respect of every communication received.

You have the right to complain about the Services. The complaints should be communicated to Paybis by sending an email to complaints@paybis.com. Paybis undertakes to deal with each complaint and issue a response within 15 days of the initial complaint. Paybis records and analyses all complaints in order to improve the Services.

For the Customers from the United Kingdom, please note that cryptoasset activity is not:

within scope of the jurisdiction of the Financial Ombudsman Service; or
subject to protection under Financial Services Compensation Scheme; or
within scope of the jurisdiction of, or subject to protection under either of the schemes referred to in paragraph (1) and (2) above

14. Language clause

These Terms and Conditions may be translated into the other languages as well in order to facilitate their understanding by customers. Notwithstanding this translation, it is expressly agreed between the parties that in the event of a dispute, only the English version of these Terms and Conditions shall be binding between the parties.

Last updated: June 19, 2024