Last Updated:
02/04/2026
1. INTRODUCTION
2. DAMISA SERVICES
3. PLATFORM
4. RISK DISCLOSURE AND REGULATORY COMPLIANCE
4.1 By accessing and using Damisa Services, the Customer acknowledges and accepts the following material risks associated with Crypto Assets:
(a) The Customer may, in the course of its business activities outside the EEA, receive payments in Crypto Assets that are not regulated under EEA legislation. Damisa will facilitate the receipt, custody, and conversion of such Crypto Assets (into Fiat or EEA-regulated Stablecoins). The Customer accepts and uses such assets at its own risk, acknowledging that the absence of regulatory oversight may amplify associated risks.
(b) Crypto Asset markets are volatile and subject to rapid price movements. The Customer is solely responsible for assessing the suitability of any Crypto Asset transaction in light of its own financial position, risk tolerance, and regulatory obligations.
(c) Regulatory frameworks governing Crypto Assets continue to evolve across jurisdictions. Changes in Applicable Law may affect the availability of certain Damisa Services, the obligations of the Customer, or the treatment of Crypto Assets for legal, tax, or accounting purposes.
(d) Access to Crypto Assets is dependent on control of the applicable private keys. Where the Customer controls such private keys (including through any self-custodial wallets provided via Damisa Services), loss, theft, compromise, or destruction of the private keys may result in the permanent and irreversible loss of access to the relevant Crypto Assets. Damisa does not hold, control, or recover private keys in such circumstances and shall have no liability for any resulting loss. Where Damisa provides custodial services, access to Crypto Assets will instead be subject to the terms applicable to such custodial arrangements.
4.2 Damisa is subject to anti-money laundering ("AML"), counter-terrorism financing ("CTF"), and other financial crime prevention obligations under Applicable Law within the EEA. In fulfilment of these obligations, Damisa conducts customer due diligence and ongoing monitoring procedures, including identity verification of Customers and Authorised Users.
4.3 The Customer acknowledges that Damisa is legally obligated to take measures to prevent its services from being used in connection with money laundering, terrorist financing, sanctions evasion, or other financial crimes. The Customer consents to Damisa disclosing information relating to the Customer's transactions, identity, or counterparties to competent authorities, supervisory bodies, or other obliged entities, where required by Applicable Law, court order, or regulatory directive.
4.4 The Customer acknowledges that Damisa is subject to the Travel Rule under Applicable Law. Data relating to Crypto Asset transfers, including information about the originator and beneficiary, will be shared with other obliged institutions (including VASPs, CASPs, payment institutions, and banks) and competent authorities, including through Travel Rule compliance service providers and industry associations.
4.5 The Customer undertakes to provide such additional information or documentation as Damisa may reasonably request to fulfil its legal and regulatory obligations. Failure to comply with such requests in a timely manner may result in delays in transaction processing, suspension of services, or termination of this Agreement.
4.6 The Customer represents and warrants that: (a) it has all necessary licences, registrations, and authorisations required to conduct its business activities, including those relating to the use of Crypto Assets; (b) it is not subject to any sanctions, restrictions, or prohibitions under Applicable Law that would prevent it from entering into or performing this Agreement; and (c) it has implemented adequate AML/CTF policies, controls, and procedures within its own organisation, commensurate with its regulatory obligations.
4.7 Ongoing Notification Obligation. The Customer must notify Damisa promptly, and in any event within five (5) business days, of any material change to the information provided during onboarding (whether to Damisa directly or to any referring Partner), including changes to: (a) beneficial ownership structure; (b) directors or persons with significant control; (c) registered address or principal place of business; (d) the nature or scope of business activities; or (e) regulatory status, licences, or authorisations. For any sanctions-related change (including the designation of the Customer, any beneficial owner, or any director as a sanctioned person or entity) or the imposition of any legal or regulatory restriction on the Customer's activities, notification must be made to Damisa immediately upon the Customer becoming aware of such change. Failure to comply with this obligation may result in suspension of Damisa Services under Section 14.1.
4.8 Supplementary Due Diligence (Delta Clause). The Customer acknowledges that Damisa, in its capacity as a registered VASP, may be subject to regulatory requirements that differ from those applicable to any Partner through which the Customer was referred. Where Damisa determines that additional documentation or information is required to satisfy its own regulatory obligations (including but not limited to source of funds or wealth declarations, enhanced beneficial ownership verification, additional identity documentation required by the Polish national competent authority, or enhanced due diligence required for higher-risk business relationships), the Customer agrees to provide such information or documentation promptly upon request, and in any event within five (5) business days of such request unless Damisa specifies a shorter period. Damisa's decision to request supplementary information shall not be construed as any deficiency in any prior due diligence conducted by a Partner.
5. DATA PROTECTION AND PRIVACY
5.1 Damisa processes personal data in accordance with Applicable Law, including Regulation (EU) 2016/679 (the General Data Protection Regulation, "GDPR") and any applicable national implementing legislation. Damisa acts as a data controller in respect of personal data processed in connection with the performance of this Agreement.
5.2 Personal data is collected and processed for legitimate purposes, including the performance of the Agreement, compliance with Applicable Law, and the prevention of financial crime. Damisa maintains appropriate technical and organisational security measures to protect personal data against unauthorised access, disclosure, alteration, or destruction.
5.3 Full details of Damisa's data processing practices, the categories of data collected, retention periods, the rights of data subjects, and the identity of any third-party processors engaged by Damisa are set out in Damisa's Privacy Notice, available on the Platform.
5.4 Where Damisa engages Partners to provide On-Ramp or Off-Ramp Services outside the EEA, the Customer acknowledges that personal data relating to Authorised Users and transaction counterparties may be transferred to and processed by such Partners in jurisdictions that may not provide the same level of data protection as the EEA. Damisa shall ensure that any such international transfers are effected in accordance with the requirements of the GDPR. Where a transfer is to a jurisdiction not subject to an adequacy decision by the European Commission, Damisa will: (a) conduct a Transfer Impact Assessment ("TIA") prior to initiating the transfer; (b) implement the European Commission's Standard Contractual Clauses or other appropriate transfer mechanism; and (c) apply supplementary technical and organisational measures (including, where Damisa holds encryption keys, end-to-end encryption) to the extent necessary to ensure that the transfer does not undermine the level of protection guaranteed by the GDPR. The Customer may request a copy of the applicable transfer mechanism upon written request to Damisa.
6. FEES AND PAYMENT
6.1 The Customer shall pay Fees for Damisa Services as agreed in the Applicable Documentation or as displayed on the Platform. All Fees are exclusive of any applicable value-added tax ("VAT"), goods and services tax, or analogous taxes, which shall be payable by the Customer in addition. Fees are non-refundable unless otherwise expressly stated in this Agreement.
6.2 The Customer is solely responsible for calculating, reporting, and remitting any income tax, capital gains tax, or other taxes arising from its Crypto Asset holdings or transactions, in accordance with the Applicable Law of the relevant jurisdiction.
6.3 Subject to Applicable Law and upon provision of reasonable prior written notice to the Customer, Damisa may set off any amount owed by Damisa to the Customer against any amount owed by the Customer to Damisa.
6.4 Damisa reserves the right to amend its Fee schedule upon not less than thirty (30) calendar days’ prior written notice to the Customer. If the Customer objects to any revised Fees, it may terminate this Agreement in accordance with Section 14 without penalty, provided that it notifies Damisa of such objection within thirty (30) calendar days of receiving the notice of Fee amendment.
6.5 In the event that a transaction involves a Partner (as defined in Section 15), additional fees charged by such Partner may apply and will be disclosed to the Customer prior to execution of the relevant transaction.
7. COMPLAINTS HANDLING
7.1 The Customer or any Authorised User may submit a complaint at any time by email, through the Platform, or by written correspondence addressed to Damisa's registered office. Damisa will acknowledge receipt of the complaint promptly and respond using the same channel.
7.2 Each complaint will be investigated thoroughly and in good faith. Damisa aims to provide a substantive response within fourteen (14) calendar days of receipt. Where it is not reasonably practicable to respond within this period (for example, due to the need to gather additional information or obtain third-party input), Damisa will notify the Customer and provide a revised response deadline not exceeding a further fourteen (14) calendar days.
7.3 Full details of Damisa's complaint handling procedures, including escalation rights and, where applicable, the Customer's right to refer unresolved complaints to the relevant regulatory authority or ombudsman, are set out in Damisa's Complaints Policy, available on the Platform.
7.4 For complaints related to services provided by Partners (as described in Section 15), Damisa will coordinate the complaint handling process on the Customer's behalf and, where appropriate, will liaise with the relevant Partner to ensure a timely and satisfactory resolution.
8. AMENDMENT OF TERMS
Damisa reserves the right to amend or update these Terms and Conditions from time to time. The Customer will be notified of any material amendments via the Platform and by email to the registered contact address, with not less than thirty (30) calendar days' prior notice, unless a shorter notice period is required to comply with Applicable Law or an urgent regulatory requirement. Amended Terms will take effect on the date specified in the notice. If the Customer objects to any amendment, it may terminate this Agreement by providing written notice to Damisa prior to the effective date of the amendment, in accordance with Section 14. Continued use of the Damisa Services following the effective date of any amendment constitutes the Customer's acceptance of the revised Terms.
9. ASSIGNMENT AND NOVATION
9.1 This Agreement, and all rights, obligations, and licences granted hereunder, are personal to the Customer and may not be transferred, assigned, novated, charged, or otherwise dealt with by the Customer without Damisa's prior written consent.
9.2 Damisa may transfer, assign, or novate this Agreement, or any of its rights or obligations hereunder, without the Customer's consent, including to any entity within the Damisa group or to any successor to the business of Damisa. Damisa will provide reasonable prior written notice to the Customer of any such assignment or novation.
9.3 Any purported transfer or assignment by the Customer in breach of this Section shall be null and void.
10. NO WAIVER
No failure or delay by Damisa in exercising any right, power, or remedy under this Agreement constitutes a waiver of that right, power, or remedy. A waiver of any breach shall not be construed as a waiver of any subsequent breach of the same or any other provision.
11. SEVERABILITY
If any provision of this Agreement is held by a court or tribunal of competent jurisdiction to be invalid, unlawful, or unenforceable, such provision shall be deemed severed and the remaining provisions shall continue in full force and effect and remain binding upon the Parties. The Parties shall use reasonable endeavours to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves, to the greatest extent possible, the same commercial and legal effect as the original.
12. NOTICES AND COMMUNICATIONS
12.1 The Customer consents to receive all notices, agreements, documents, and disclosures relating to this Agreement electronically, whether via the Platform or by email to the address registered on the Customer's account.
12.2 All notices from the Customer to Damisa shall be submitted in writing by email to Damisa's designated contact address or by registered post to Damisa's registered office.
12.3 All communications under this Agreement shall be conducted in the English language.
12.4 Damisa's registered office address and designated contact details for legal notices are available on the Platform. The Customer shall promptly notify Damisa of any change to its registered address or primary contact details.
13. THIRD PARTY RIGHTS
13.1 Save for entities within the Damisa group, no person or entity that is not a party to this Agreement shall have any right to enforce any provision of this Agreement under applicable legislation conferring rights on third parties.
13.2 Notwithstanding Section 13.1, Partners engaged by Damisa pursuant to Section 15 are entitled to rely upon and enforce the provisions of this Agreement that are expressly stated to apply to or for the benefit of Partners, solely to the extent necessary for the performance of the services they provide. The scope of provisions enforceable by Partners shall be as set out in the applicable bilateral Partnership Agreement.
14. LIMITATION OF SERVICES / TERMINATION / ACCOUNT CLOSURE
14.1 Subject to Applicable Law, Damisa may, at any time and without liability to the Customer, suspend, restrict, or terminate access to the Platform or any Damisa Account, and may refuse to process any transaction, in the following circumstances:
(a) any material or persistent breach by the Customer of this Agreement;
(b) compliance with any requirement of Applicable Law or a competent regulatory or judicial authority;
(c) reasonable suspicion that a transaction is connected with unlawful activities, including money laundering, terrorist financing, sanctions evasion, or fraud; or
(d) to address, investigate, or remediate any actual or suspected defect, compromise, or vulnerability in any information system upon which Damisa relies.
14.2 Either Party may terminate the services provided under the Applicable Documentation by providing written notice to the other Party in accordance with the notice period specified in the Applicable Documentation. Where the Applicable Documentation does not specify a notice period, the default notice period shall be thirty (30) calendar days. In no event shall the termination notice period be less than thirty (30) calendar days. Upon termination, all amounts owed by the Customer to Damisa under the relevant Applicable Documentation shall become immediately due and payable.
14.3 Provisions of this Agreement that by their nature are intended to survive termination shall remain in full force and effect following termination, including provisions relating to intellectual property, regulatory compliance, limitations of liability, indemnification, data protection, and general terms.
14.4 Any Crypto Assets or Fiat currency remaining in a Damisa Account that has been suspended or closed shall be made available for recovery by the Customer, unless: (a) Damisa is prohibited by Applicable Law or a binding court or regulatory order from releasing such assets; or (b) Damisa has reasonable grounds to suspect that such assets were obtained through fraud, money laundering, or other unlawful means.
14.5 In the event of termination, the Customer shall complete all pending transactions within such period as Damisa may reasonably specify, and shall promptly withdraw any remaining balance from its Damisa Account. Damisa shall not be responsible for any losses arising from the Customer's failure to withdraw balances within the specified period.
15. PARTNER SERVICES: ON-RAMP AND OFF-RAMP OUTSIDE THE EEA
15.1 Overview. In jurisdictions outside the EEA where Damisa does not hold the requisite regulatory authorisation to directly provide On-Ramp or Off-Ramp Services, Damisa will facilitate access to such services through a curated network of duly licensed and regulated third-party Partners. Partners may include, without limitation:
CASPs authorised or registered under MiCA or equivalent national legislation;
payment institutions and electronic money institutions licensed under applicable payment services legislation;
credit institutions and banks authorised under applicable banking regulations; and
other professional financial service providers holding the appropriate authorisations in the relevant jurisdiction.
15.2 Damisa's Role. When providing On-Ramp or Off-Ramp Services through a Partner, Damisa acts as the primary point of contact and relationship manager on behalf of the Customer. The Customer's contractual and operational relationship for the delivery of such services remains with Damisa. Damisa will: (a) identify and engage suitable Partners; (b) manage the ongoing relationship with each Partner; (c) coordinate the execution of the relevant On-Ramp or Off-Ramp transaction; and (d) serve as the Customer's primary point of contact for any queries, complaints, or escalations arising from Partner-facilitated transactions.
15.3 Customer Onboarding to Partners. The Customer acknowledges that certain Partners are themselves subject to regulatory obligations, including customer due diligence and know-your-customer ("KYC") requirements under Applicable Law. Accordingly, in order for a Customer to access On-Ramp or Off-Ramp Services in specific jurisdictions, it may be necessary for the Customer to undergo a separate onboarding or verification process with the relevant Partner. In such cases:
Damisa will manage the onboarding process on the Customer's behalf, using information already held by Damisa pursuant to its own KYC/AML procedures, to the extent permissible under Applicable Law and the Partner's requirements;
where the Partner requires additional documentation or information not already held by Damisa, Damisa will notify the Customer of the specific requirements and facilitate the secure transmission of such information to the Partner;
Damisa will endeavour to minimise the administrative burden on the Customer arising from Partner onboarding requirements; and
the Customer consents to Damisa sharing its identity and due diligence information with Partners for the purposes of completing such onboarding, subject to Damisa's data protection obligations under Section 5.
15.3A AML/KYC Reliance Disclosure. The Customer acknowledges that, where the Customer's relationship with Damisa originates through a referral from a regulated Partner, Damisa may rely on customer due diligence previously performed by that Partner in accordance with applicable AML legislation (including Articles 26 to 29 of Directive (EU) 2015/849 (AMLD5) and any successor legislation, including the EU Anti-Money Laundering Regulation (EU) 2024/1620 upon its application), subject to Damisa's own independent assessment of the adequacy of such due diligence. Notwithstanding such reliance: (a) Damisa retains ultimate regulatory responsibility for the adequacy of customer due diligence as the relying entity under AMLD5; (b) Damisa independently performs ongoing transaction monitoring, sanctions screening, and its own risk assessment of each Customer in the context of the Damisa Services; and (c) Damisa reserves the right to request additional information or to conduct supplementary verification at any time where it deems necessary to fulfil its regulatory obligations, including pursuant to Section 4.8 of this Agreement.
15.4 Partner Terms and Liability. The engagement of a Partner by Damisa does not alter the Customer's primary contractual relationship with Damisa. Notwithstanding the foregoing, certain Partners may require the Customer to accept additional terms and conditions specific to the services they provide ("Partner Terms"). Where Partner Terms apply, Damisa will notify the Customer and facilitate the acceptance process. Damisa shall not be liable for any failure, delay, error, or act or omission by any Partner in the provision of their services, except to the extent that such failure or delay results directly from Damisa's negligence in the selection or supervision of the Partner.
15.5 Partner Selection and Standards. Damisa applies rigorous due diligence criteria in the selection of Partners, including assessment of regulatory status, financial soundness, AML/CTF compliance standards, operational resilience, and customer service quality. Damisa maintains ongoing oversight of its Partners and reserves the right to replace or substitute any Partner at any time where Damisa reasonably determines that the Partner no longer meets Damisa's standards or where required by Applicable Law or regulatory guidance.
15.6 Availability and Geographic Coverage. The availability of On-Ramp and Off-Ramp Services in any particular jurisdiction outside the EEA is subject to Damisa having established a relationship with a suitable licensed Partner in that jurisdiction. Damisa does not warrant or represent that On-Ramp or Off-Ramp Services will be available in all jurisdictions or for all Crypto Asset types. The Customer should contact Damisa's relationship management team to enquire about the availability of Partner Services in a specific jurisdiction.
15.7 Fees for Partner Services. Partner-facilitated On-Ramp and Off-Ramp transactions may attract additional fees in addition to Damisa’s standard Fees. All applicable fees will be disclosed to the Customer in the transaction confirmation presented prior to execution.
16. INTELLECTUAL PROPERTY
16.1 All intellectual property rights in the Platform, Damisa's systems, software, documentation, data, and all materials made available by Damisa under this Agreement (collectively, "Damisa IP") are and shall remain the exclusive property of Damisa or its licensors.
16.2 Nothing in this Agreement shall be construed as conferring upon the Customer any licence or right in respect of any Damisa IP, other than the limited Platform access licence granted pursuant to Section 3.
16.3 The Customer shall promptly notify Damisa of any actual or suspected infringement of Damisa IP of which it becomes aware.
17. LIMITATION OF LIABILITY
17.1 To the fullest extent permitted by Applicable Law, Damisa’s total aggregate liability to the Customer under or in connection with this Agreement, whether in contract, tort (including negligence), misrepresentation, restitution, or otherwise, shall not exceed the total Fees paid by the Customer to Damisa in the twelve (12) month period immediately preceding the event giving rise to the claim. For the avoidance of doubt, this cap does not apply to custody losses subject to MiCA Article 75, which are governed by Section 2.9 of these Terms.
17.2 To the fullest extent permitted by Applicable Law, neither Party shall be liable to the other for any: (a) loss of profits; (b) loss of revenue; (c) loss of business or contracts; (d) loss of anticipated savings; (e) loss of data; (f) loss of goodwill or reputation; or (g) indirect, special, incidental, punitive, or consequential loss or damage of any kind, in each case whether or not that Party was advised of the possibility of such loss or damage.
17.3 Nothing in this Agreement shall limit or exclude either Party's liability for: (a) fraud or fraudulent misrepresentation; (b) wilful misconduct; (c) death or personal injury caused by negligence; or (d) any other liability that cannot be excluded or limited by Applicable Law.
18. INDEMNIFICATION
18.1 The Customer shall indemnify, defend, and hold harmless Damisa, its Affiliated Entities, Partners, officers, directors, employees, and agents from and against any claims, damages, losses, penalties, fines, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) the Customer's breach of this Agreement; (b) the Customer's violation of Applicable Law; (c) the Customer's fraud, wilful misconduct, or gross negligence; or (d) any third-party claims arising from the Customer's use of the Damisa Services.
18.2 Damisa shall indemnify, defend, and hold harmless the Customer from and against any claims, fines, penalties, costs, and expenses (including reasonable legal fees) directly and proximately arising from: (a) Damisa's material breach of its obligations under Applicable Law, including MiCA and applicable AML/CTF legislation; (b) Damisa's fraud or wilful misconduct; or (c) Damisa's gross negligence in the selection or supervision of a Partner, where such gross negligence directly causes loss to the Customer. This mutual indemnity shall be subject to the aggregate liability cap set out in Section 17.1 and shall not extend to indirect or consequential losses.
19. GOVERNING LAW AND DISPUTE RESOLUTION
19.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of Poland, without regard to its conflict of law provisions.
19.2 Any dispute, controversy, or claim arising out of or in connection with this Agreement, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the courts of Warsaw, Poland, unless Applicable Law requires otherwise.
19.3 Before initiating formal legal proceedings, the Parties agree to attempt in good faith to resolve any dispute through negotiation for a period of not less than thirty (30) calendar days from the date on which one Party notifies the other of the dispute in writing.
