Last updated: 24/04/2025
DAMISA CUSTOMER TERMS AND CONDITIONS
1. INTRODUCTION
Damisa Services, as described below, are provided to the Customer by Damisa Technologies Europe sp. z o.o. (“Damisa”).
Damisa provides the following services (“Damisa Services”):
2.1 Reception and transmission of orders for Crypto Assets on behalf of customers.
2.2 Execution of orders on behalf of customers.
2.3 Custody and administration of Crypto Assets on behalf of customers.
2.4 Exchange of Crypto Assets for Fiat.
2.5 Exchange of Crypto Assets for other Crypto Assets.
2.6 Transfer services for Crypto Assets on behalf of customers.These services apply in relation to the following types of Crypto Assets (jointly referred to as “Stablecoins”):
3.1 Asset-referenced tokens (“ARTs”).
3.2 Electronic money tokens (“EMTs”).In some cases, Damisa, especially when acting through its Affiliated Entities, may also offer services in connection with other Crypto Assets.
For the purposes of these Terms:
5.1 “Authorized User” means an individual or entity designated by the Customer and accepted by Damisa as having authority to act on the Customer’s behalf with respect to the Damisa Services. The first Authorized User is designated in the Order Form. The Customer can manage users (add or delete) using the Platform.
5.2 “Affiliated Entities” means entities related to Damisa (e.g., entities from the same capital group, or entities with which Damisa has concluded relevant cooperation, agency, or similar agreements) that provide payment services or services related to Crypto Assets complementary to Damisa’s services.
5.3 “Applicable Law” means any law, rule, regulation, policy, or judicial, arbitral, administrative judgment, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to these Terms), property, transaction, activity, or other matter, including any rule, order, judgment, directive, or other requirement issued by any governmental or regulatory authority, and Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets (“MiCA”).
5.4 “Fiat” means the Euro or other sovereign-issued fiat currencies that are recognized as legal tender in the country or territory that issued them.
5.5 “Customer” means the entity that is party to this Agreement with Damisa or an Authorized User, as the case may be. Damisa only accepts companies or organizations as customers.
5.6 “Crypto Assets” means types of virtual currency or other crypto-assets that can only be transferred by means of blockchain technology, including but not limited to digital coins, digital tokens, and Stablecoins.
5.7 “EEA” means the European Economic Area.
5.8 “Fees” means all fees imposed by Damisa for the use of Damisa Services.
5.9 “We/Us/Our” means Damisa and its Affiliated Entities.
5.10 “Platform” means the application available on Damisa websites, including but not limited to www.damisa.xyz, which allows Authorized Users to access and manage their Damisa Account.
5.11 “Party” means the Customer or Damisa, and “Parties” means both of them.
2. DAMISA SERVICES
Damisa Services consist of the following:
1.1 Hosted Crypto Asset Wallets (“Damisa Accounts”) that allow the Customer to store Crypto Assets with Damisa. A Damisa Account is required to use other Damisa Services.
1.2 Purchase of Crypto Assets – The Customer may buy Crypto Assets from Damisa’s own inventory. Payment must be made in Fiat in a manner acceptable to Damisa. Purchased Crypto Assets will be delivered to the Customer’s Damisa Account.
1.3 Sale of Crypto Assets – The Customer may sell their own Crypto Assets to Damisa. The Customer must first transfer the assets to their Damisa Account.
1.4 Crypto Asset Conversion – A service in which Damisa facilitates the exchange of one type of Crypto Asset for another. These transactions are processed through the Damisa Account infrastructure.
1.5 Crypto Asset Collection – A service that allows the Customer to receive Crypto Assets into their Damisa Account from third parties. This enables the Customer to receive payments for goods and services and manage their assets. The functionality includes defining the expected amount and transfer sender via the Platform.
1.6 Crypto Asset Transfer – A service allowing the Customer to transfer any Crypto Asset to another recipient, whether another Damisa customer or a third party whose wallet accepts the relevant Crypto Asset.All services are provided via the Platform.
Transaction conditions are presented to the Customer for approval before execution. Transactions are executed immediately after approval. Damisa does not guarantee the availability of any Crypto Assets or Fiat and reserves the right to refuse any exchange transaction. All transactions are final and non-refundable.
The Customer is obliged to pay Damisa in accordance with the price list specified in the Agreement or as presented on the Platform.
Fees are charged monthly and debited from the Crypto Assets held in the Customer’s wallet.
When using the payment request service (incoming transfer of Crypto Assets initiated from the Platform), the Customer may specify that the transfer amount includes an additional transfer fee.
Damisa does not facilitate exchanges directly between the Customer and third parties. All exchange transactions are carried out between the Customer and Damisa or, in certain circumstances, between the Customer and Damisa’s Affiliated Entities.
Damisa manages Damisa Accounts and handles Stablecoin transactions. In special circumstances (e.g., when the Customer trades with entities outside the EEA), and upon explicit Customer request, services may be provided using other Crypto Assets. In such cases, the Customer acknowledges that the services may be provided by Affiliated Entities operating outside the EEA.
Damisa shall not be liable for:
9.1 Any failure to perform or interruption of services.
9.2 Errors, delays, inaccuracies, or omissions in the transmission of information.
9.3 Any loss or damage incurred—directly or indirectly—due to a Force Majeure event.Force Majeure events include, but are not limited to, natural disasters, acts of civil or military authorities, terrorism, extreme weather conditions, fires, wars, strikes or labor disputes, telecommunications failures, power outages, hardware or software malfunctions, or any other event beyond Damisa’s reasonable control.
3. PLATFORM
For as long as this Agreement is in effect, the Customer (via Authorized Users) is granted a limited, non-exclusive, and non-transferable right to use the Platform solely for accessing the Damisa Services provided through it.
The Customer represents, warrants, and covenants that it shall not:
2.1 Distribute or disclose the Platform, or any component of it, or permit use of the Platform by any third party.
2.2 Use the Platform for any purpose that is illegal or prohibited under the Agreement.
2.3 Use any automated means or interface to access the Damisa Services.
2.4 Probe, scan, or test the vulnerability of the Services, or any related system or network.
2.5 Encourage or promote any activity that violates the Agreement.The Customer is solely responsible for all activity within their account and must report any unauthorized access immediately.
The Platform may include service-related announcements from Damisa, and the Customer cannot opt out of these communications.
The confidentiality and security of the Account Credentials will always be the sole responsibility of the Customer. The Customer acknowledges that there are inherent risks in using online services such as the Platform if credential security is not strictly maintained.
The Customer shall make reasonable efforts to take appropriate security measures to protect their devices and computer systems, protect credentials, personal details, and other confidential data, and use unique credentials for different websites, applications, or services.
The Customer will implement security protocols and policies, and install or acquire security products and protections, including up-to-date anti-virus, anti-spyware, firewall software, and operating systems on devices and computers.
4. RISK AND COMPLIANCE
By using Damisa Services, the Customer understands that there are substantial risks associated with the purchase, sale, holding, and use of Crypto Assets, including but not limited to the following:
1.1 The value of the Crypto Assets the Customer acquires through Damisa Services is attached to Damisa Accounts that are accessible only with the Customer’s private key. If the Customer loses their private key, the Customer’s Crypto Assets will be unrecoverable.
1.2 It is possible that, due to the Customer’s business activities outside the EEA, the Customer will receive payments in Crypto Assets not regulated by EEA regulations. Damisa will enable the Customer to receive such payments, store such Crypto Assets, and exchange them (for Fiat or Stablecoins regulated in the EEA). The Customer receives and uses these Crypto Assets at their own risk, being aware that their lack of regulation may increase the risks associated with their use, even if they are referred to as Stablecoins and their value is linked to fiat currency. Damisa, acting as a VASP registered in the EEA, does not offer to sell such Crypto Assets.Damisa is required to comply with anti-money laundering regulations in the EEA. As part of these compliance obligations, Damisa must collect and verify information from Customers and Authorized Users to prevent illegal activities such as money laundering or terrorism financing.
The Customer acknowledges that Damisa is obligated to take measures to prevent involvement in money laundering and terrorist financing. The Customer agrees that Damisa may disclose information related to transactions, including Customer data or recipient details, to comply with legal obligations, including anti-money laundering, trade sanctions, and economic sanctions laws, or as required by law or court order.
The Customer acknowledges that Damisa is bound by the regulations concerning the Travel Rule. Data on Crypto Asset transfers will be made available to other obliged institutions (e.g., VASPs, CASPs) or authorities, including through providers and industry associations supporting the exchange of information under the Travel Rule.
Upon request, the Customer agrees to provide additional information required by Damisa to meet its legal and regulatory obligations. Failure to provide such information may result in delays or the inability to execute transactions or provide services.
5. DATA PRIVACY
We collect and process personal information for legitimate purposes ensuring transparency and accountability throughout. Personal data is securely stored, with measures in place to protect against unauthorized access, disclosure, modification, or destruction. The policies governing our data processing practices are detailed in our Privacy Notice.
6. FEES
The Customer must pay the fees associated with Damisa Services as agreed in the Agreement or indicated in the Platform. All fees are exclusive of any applicable value-added tax or similar taxes as required by law in relevant jurisdictions. Fees are non-refundable.
The Customer is solely responsible for calculating and paying any income, capital gains, or other taxes arising from their Crypto Assets or transactions.
Subject to Applicable Law, we may at any time and with appropriate notice set off any amount we owe against any amount that the Customer owes us.
7. CUSTOMER COMPLAINTS
The Customer or Authorized User may file a complaint at any time via email, the Platform or by letter (to the address of Damisa registered office). We will reply in the same way. In urgent cases, we can also be contacted by phone.
Each complaint will be carefully analyzed, and we will try to respond within 14 days. If it turns out to be impossible (e.g. due to the need to gather additional information or obtain responses from third parties), we will inform the client and set a new deadline for responding to the complaint, no longer than another 14 days.
Details of the complaint handling policy are available in our Complaints Policy.
8. AMENDMENT
Terms may from time to time be updated or amended. We will inform the Customer about such changes via the Platform and/or via e-mail. Such updated Terms will take effect immediately unless otherwise indicated. If the Customer does not wish to be bound by any changes or amendments to these Terms the Customer should terminate the Agreement immediately.
9. TRANSFER, ASSIGNMENT OR DELEGATION
These Terms, and any rights and obligations and licences granted hereunder, are limited, revocable, non-exclusive and personal to you and therefore may not be transferred, assigned or delegated by you to any third-party without our written consent, but may be transferred, assigned or delegated by us without notice and restriction, including without limitation to any of the entities within the Damisa group, or to any successor in interest of any business associated with the Damisa. Any attempted transfer or assignment in violation hereof shall be null and void.
10. NO WAIVER
A failure by Damisa to enforce or exercise any of its rights under this Agreement shall not constitute a waiver of those rights or remedies, whether at present or in the future.
11. SEVERABILITY
If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and remain binding on the Parties.
12. NOTICES AND COMMUNICATIONS
The Customer agrees and consents to receive all communications, agreements, documents, notices, and disclosures related to the Agreement electronically. Such Communications will be delivered to the Customer via the Platform or via email.
All communications will be in English language.
13. THIRD PARTY RIGHTS
Other than any entities within the Damisa Group, a person who is not a party in these Terms has no right to enforce any of these Terms.
14. LIMITATION OF SERVICES / TERMINATION / ACCOUNT CLOSURE
Subject to Applicable Law, Damisa may at any time and without liability to the Customer terminate, suspend, or limit use of the Platform or Damisa Account and refuse to process any transaction:
1.1 In the event of any breach by the Customer of the Agreement.
1.2 For the purposes of complying with Applicable Laws.
1.3 Where Damisa suspects that a transaction is potentially connected to any unlawful activities, including but not limited to money laundering, terrorist financing, and fraudulent activities.
1.4 To remedy the effects of any defect in or compromise to any information system upon which Damisa relies.Either Party may terminate the Agreement at any time with one month’s notice, with or without cause. Upon termination, all amounts owed by the Customer to Damisa become immediately due.
Any rights or obligations that are meant to survive termination shall continue to apply after this Agreement is terminated. Any provisions of this Agreement that by their nature should continue after termination shall remain in effect, including but not limited to those addressing intellectual property, compliance, liability, indemnification, and general terms.
Any remaining balance in a Damisa Account which has been suspended or closed will be available for the Customer to recover unless Damisa is prohibited by law or a court order from releasing such Crypto Assets or Fiat, or where Damisa has reasonable grounds to suspect that such Crypto Assets or Fiat were obtained through fraud or any unlawful means or connected with any criminal activities.
