Terms and Conditions
Shares Application

Under these terms ("Terms and Conditions"), Shares Digital Assets sp. z o.o. with its registered seat in Kraków, at: ul. Mogilska 43, 31-545 Kraków, entered into the Register of Entrepreneurs of the National Court Register, maintained by District Court for Kraków-Śródmieście in Kraków, XI Division of the National Court Register, under the KRS number: 0000978485, Tax Identification Number (NIP): 6751766591 and REGON number: 522390149  ("Shares Digital Assets" or "SDA") provides the user (the “User” or “you”) a number of services and content through the mobile application downloadable from Google Apps and Apple Store with features described below (the "Application") 

You acknowledge that some services, or part of it, under these Terms and Conditions, may also be provided to you by other Shares group companies (collectively with SDA “Shares” or “we”) (the User and Shares, jointly referred to as the "Parties" or individually a "Party"), as well as by third party entities subcontracted by Shares. Shares SAS, which will not provide to you any services, has developed the Application allowing you to access the above services as offered by Shares Digital Assets or other Shares group companies under the conditions set out in these Terms and Conditions.

These Terms and Conditions are in addition to any specific agreement that may be entered into between you and Shares in relation to any given services provided by Shares via the Application you have downloaded, including any service agreement, account opening agreement, and any other agreement governing the software’s products, goods, services, content, tools, functionality and information provided by Shares as part of its overall offering from time to time (the "Specific Terms").

General

The https://shares.io/ website (the "Website") and/or the Application (the "Service") may include or make available to you certain content (the "Content"). The Content may include from time to time, but is not limited to:

• comments, social network, chat group, messages between Users, notifications, Users publications that may contain personal data;
• transaction information, statements, reports, account positions, balances, confirmations and order history, statements, reports;
• financial market data, financial instrument data, crypto asset data, market data;
• company names, logos, product and service names, trading names, trademarks and brands owned by Shares, third party providers, partners or suppliers of Shares; and
• any other information, content, services or software.

Content may be provided by third parties as part of the Website and the Application via certain tabs or through hyperlinks.

Acceptance of these Term and Conditions

By using the Services and Content and accepting these Terms and Conditions, you conclude a legally binding agreement with us and you consent to comply with and be bound by these Terms and Conditions, including any procedures and/or links to the Content to which the Terms and Conditions refer, and/or any other documents referenced herein.

As a User, you may have access to additional features and your use of the Services and Content may also be governed by other agreements, including terms and conditions specific to these services.

Article 1 - Setting up and using your Application

Functionality of the Application 

The Application is designed to offer you a fast and efficient service and we will keep the design of the Application under review and change its features when we think appropriate to better meet our and your trading and social investing aims. The features of the Application and the way it works may change and so our explanations and information for your reference are provided outside these Terms and Conditions in our “How to” guides and FAQs which can be accessed through the Application and on our website.

Secure access to your User Account

When you open an account with us through the Application ("User Account"), you agree to access the Application with use of secure authentication methods. This may include personal PIN codes and passwords. We may also let you choose facial identification or touch identification, on your mobile phone (collectively the "Credentials").

You must not allow anyone to access the Application on your behalf. You must treat your Credentials as confidential and must not disclose or transfer them to any third party.

If we become aware or suspect that you are affected by fraud or an operational security incident, then, pursuant to article 7, some or all of the functionalities of your User Account may be limited or suspended in whole or in part until such time that the suspected incident is resolved.

If you believe that your User Account has been compromised or do not recognise activity on your User Account, you should immediately contact us using the in-app chat function. 

You must install the most recent version of the Application, as updates may improve the security of your User Account and/or include patches for vulnerabilities and/or security holes recently discovered by our services. We will take all reasonable steps, consistent with our legal obligations and internal policies, to protect your User Account, but to the extent permitted by applicable law we are not responsible for any security breaches that may occur when we have complied with such obligations.

The minimum technical conditions necessary to use the Application include: (i) an iOS or Android capable device with access to the Internet; access to the App store (for iOS) or Play store (for Android); (ii) a mobile phone capable of receiving SMS messages. Failure to meet the requirements indicated above shall not prevent you from using the Service or the Application however, it may be the cause of their malfunction.

Restrictions on the use of the Application 

Your use of the Application must at all times comply with these Terms and Conditions. 

You are not permitted to use any algorithms or electronic trading programs or systems in connection with your submission of orders via the Application. You are not permitted to engage in copy trading and you must not provide investment advice, portfolio management services or any other type of service which requires you to be authorised by a regulator.

The User must not provide any unlawful content through the Application and Services.

User Account in your sole name

You may not share your User Account with another person, and the User Account must only be in your name. You are solely responsible for ensuring the safe keeping of all Credentials related to your use of your User Account and the Application, as set forth above.

To the extent permitted by applicable law, we are not responsible for any losses, loss of profits, and any other direct, indirect, incidental, or consequential damages that you may suffer as a result of activities and/or actions and/or transactions of any kind initiated through your User Account, as a result of unauthorised third party access to your User Account, through your conduct, inaction, or negligence, or any other action that may compromise the security of your Credentials, including unauthorised access to, or modification or use or transmission of, your data and Content from your User Account, or the entering into of any transactions or dealings conducted or entered into through or outside the Application. Unless you indicate otherwise, we are entitled to treat any action and/or transaction carried out via your User Account as an action and/or transaction authorised and initiated by you, and to treat any Content communicated via your User Account as belonging to you.

Information we provide through the Application

We may provide you with market data and other information about the Services, Content, investments and products to enhance your use of the Application. This market data, which may include, but is not limited to, historical data on investment values, industry and sector trends, analysis on various companies and investments, is subject to constant change. 

Past investment performance is not a reliable indicator of your future investment performance. Under no circumstances should this information be construed as a recommendation or advice to you. Any investment carries a risk of capital loss.

These market data will be displayed on the Application as is, i.e., as we receive it from third party providers, without any processing by us. The source and type of market data, and the time at which the data was last updated, are displayed within our Application.

We do not verify the accuracy of these market data, and any other information provided via the Application, and to the extent permitted by applicable law we assume no responsibility for its accuracy, completeness, timeliness or usefulness. In this regard, third party Content is provided for informational purposes only. To the extent permitted by applicable law, we expressly exclude warranty of any kind, whether expressed or implied, with respect to the data provided and other Content. 

We are not responsible to you for any actions, transactions, or decisions taken or not taken by you as a result of your exposure to such information and market data, which shall not constitute investment advice or personalised recommendations, and the Content is not intended to provide financial, legal, tax or investment advice or recommendations.

You are solely responsible for determining whether an investment strategy, transaction, trade, or other action on your part, of any kind, is appropriate for you based on your personal financial goals, circumstances and risk tolerance. If necessary, we encourage you to consult a legal, tax or wealth management professional about your specific situation.

Information we require from you

To apply for a User Account, you must provide us with certain information about you as we request, so that we can identify you, verify your identity and conduct fraud checks, sanctions checks, anti-money laundering and counter-terrorism financing checks and any other name list checks required of us by law or regulations, or to comply with our internal procedures. 

The evidence we use as part of our Application onboarding process will usually be collected electronically, but as we are required to keep your account under review we may later ask you for additional information and evidence in such form as we reasonably require to manage our risk in connection with your User Account. We may, in particular, be required to carry out enhanced due diligence in certain scenarios and this may require you to give us more information and records, e.g., about the source of your wealth or bank funds or your links with politicians. You authorise us to make the enquiries we reasonably think we need to verify your identity and manage financial crime and fraud risk. Information collected from you will be shared with the Payment Service Provider as required to enable you to open an Electronic Money Account and by signing these Terms and Conditions you authorise us to share such information with the Payment Service Provider. 

You authorise us to make enquiries, whether directly or through third parties, that we reasonably consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such enquiries. When we carry out these enquiries, you acknowledge that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. 

You acknowledge that you will provide us with all information which we may reasonably request of you from time to time for the purposes disclosed above and that we may make and hold a record of this information as required by applicable law.

Since we need personal information about you to ensure that we are acting in accordance with the law and regulations that extend to us, the information you have given us must be kept up to date.  So please tell us as soon as there is a change in information that identifies you (such as your name, address, bank, mobile phone number or address in particular) or if any document you have provided is or becomes false, inaccurate, invalid or incomplete. If you don’t, you may not be able to access the Application or use your User Account. Data provided to us will be handled in accordance with our Privacy Policy.

In order to satisfy our own obligations in relation to the Orders you may submit and your Positions, you agree to provide us with all such information as we may reasonably request. This information will, typically include, among other things, your passport number or your taxation reference number, or equivalent.

You acknowledge  that we are entitled to disclose information about you and your Orders and Positions as may be required under applicable law. Any information we obtain about your Orders and Positions as a result of your use of the Application shall be our sole and exclusive property.

Availability of the Application

Whilst Shares aims to make the Application available to you on a continuous basis, we cannot guarantee that the Application will be available to you continuously, meaning there may be instances where you cannot submit Orders and monitor your Positions. 

We may modify, suspend or discontinue, temporarily or permanently, the Application with or without notice for legitimate reasons, including the need to adapt the Application to a new technical environment, an increase in the number of Users, for other important operational reasons, as well as in the event of changes to the scope of Services or changes in the applicable legislation. We reserve the right, at any time and for reasons indicated above, to discontinue, redesign, modify, enhance or change the way we offer the Application including without limitation the structure, specifications, look and feel, navigation, features and other elements of the Application or any part of it. We will not be liable to you for any modification, suspension or discontinuance of the Application.

To the extent permitted by applicable law, we will not be liable to you for any loss or damage which arises from the Application being unavailable, save where it is our fault. Where the Application is unavailable as a result of scheduled or urgent maintenance work, we will try, where practical, to give you advance notice of that unavailability so you can plan around it.

It is your responsibility to ensure that you are able to access the Application from an appropriate device. You should be aware that connectivity to the Application may vary depending on your internet or network connection, and if you have a poor or weak connection, you may not be able to submit Orders and monitor your Positions with the same speed as you would otherwise be able to with a stronger connection.

How we deal with personal information about you 

Shares is committed to protecting and respecting your privacy.

By using the Application and our Services, you acknowledge that Shares will collect, use, process and disclose your personal information (including your name, contact details and account details) in accordance with Shares’ Privacy Policy separately provided to you within the App. This may include transferring your personal information outside of the European Union. Where this occurs, we will take all reasonable steps to make sure that your personal information is handled securely and in line with our privacy policy and data protection laws. 

If you wish to make a request or would like more information about how Shares collects, uses, processes, and discloses your personal information, please contact us through the Application or by sending an email to privacyrequests@shares.io or dpo@shares.io. 

Intellectual property

These Terms and Conditions do not grant you any ownership rights to the Website, the Application, the Shares brand and the materials reproduced on the Website or the Application including, but not limited to, photographs, visuals, text, illustrations, designs, logos and images, which remain the sole and exclusive property of Shares or of third-parties. Access to the User Account under the conditions provided for in these Terms and Conditions shall not be construed as the transfer of any intellectual property rights to you. You may not make any of the foregoing available to any third party without the prior written consent of Shares. You are strictly prohibited from any use of the above-mentioned elements not permitted by these Terms and Conditions, in particular any commercial exploitation (unless and to the extent that it does not otherwise result from mandatory provisions of law).

Conversely, these Terms and Conditions do not give us any ownership of the Content and/or data that you have created on the Application, and these Terms and Conditions do not give Shares any rights of any kind in such data. You further warrant that you own the intellectual property rights and/or permissions to use the data and Content entered on the Application.

You undertake to compensate us for any direct damage suffered by us, which would result from our being called into question by a third party resulting from the non-compliance of the data and/or Content that you have introduced into the Application, with the laws and regulations or public order, and/or from a lack of intellectual property rights and/or authorisations allowing you to use the data and Content. 

Notwithstanding the above provisions, when you make Content available to other Users, in particular in the context of the social trading functionality described below, you agree that such Users may, free of charge and for personal use only, view and share such Content on or from the Application. Furthermore, you expressly authorise Shares, free of charge, to use, reproduce / represent such Content and, if necessary, to adapt its format for this purpose.

Article 2 - Use of the Social Investing feature

General

When you open a User Account, you will have access to the Social Investing feature of the Application. This allows Users using the Application to share information with each other and with us. 

When you post content and messages using the Social Investing feature, you will need to follow our Community Guidelines (available in appendix 1) . The Community Guidelines tell you the type of posts that are allowed and are not allowed and how you should behave in the Community. 

Our Community Guidelines set out guidance on :

• when you post publications and messages using the Social Investing feature, whether public or limited to the publication and messages of your "Friends" of the Application; and
• when you post and send messages using this feature.

Third party content

To the extent permitted by applicable law we, Shares, are not responsible for the accuracy or authenticity of any postings, publications or information posted by Users of the Application using our Social Investing feature.

We will take appropriate steps to ensure that this feature functions properly and that Content posted therein does not violate any law or regulation, but to the extent permitted by applicable law we will accept no liability for Content posted by third parties in violation of applicable regulations. 

We expressly prohibit the sharing of any information that may constitute or be intended to constitute investment advice, personalised recommendations, banking and financial canvassing, and/or more generally any act of financial promotion and we assume no responsibility for any loss or damage suffered as a result of any transaction made by a User based on information shared or Content communicated via the Social Investing feature of the Application.

No advisors on the Social Investing feature

We do not permit any person to use the Social Investing feature to conduct or procure business as a financial advisor or portfolio manager.  

No person should message others or create watch lists or otherwise use our social investing tools and channels by way of business, including to make personal recommendations to others. Persons in a Friend group on Shares should not take the posting of positive messages, including pictorial GIFS to each other in relation to dealing in Investments as recommendations to them personally.

You should not make investment decisions based on information provided by individual traders (who may be anonymous or unidentifiable), such as details of the trades they make or any opinions expressed by them.

Inappropriate posts and messages

The Application's Social Investing feature and our messaging tools should not be used to share inside information or other inappropriate information.

When you post information, you :

• must ensure that all content you post belongs to you, and/or that you have the right to post that information, and that you do not violate the privacy rights, publicity rights, copyright, contractual rights or any other rights of any person, or that make derogatory remarks regarding, defame or criticise any person or entity;
• will be liable for any damages resulting from infringement or other violation of the copyright, trademarks or other proprietary rights of any person or entity, and for any other harm or loss resulting from any content you post; 
• must not post any personal information about yourself, information about your User Account, or about anyone else or their User Account;
• must not try to obtain personal information or Credentials of somebody else;
• must not provide investment advice, portfolio management services or any other type of service requiring authorisation by a regulator; 
• must not post that Shares or any other third party (or its group) endorses or warrants your content; 
• must not advertise or promote another business or service, or any type of commercial content, including spam; and 
• must not post anything which is abusive, inciteful, defamatory, harassing, insulting, sexually explicit, offensive, racist, rude, hateful, threatening, violent or illegal. 

Review and moderation

We will, at our discretion and subject to applicable law, review and monitor and/or moderate messaging and posting activities through the Application. If you breach any of the above rules or our guidelines, we may exclude you from the Application on a permanent or temporary basis.

We may also be required by applicable law to notify our regulators and/or judicial or other government authorities about a breach of these Terms and Conditions and our guidelines, and to help them in any investigation.

Article 3 - Communicating with each other

Contact us

If you need to speak to us, or we need to speak to you, in relation to any matter arising from, or in connection with, your use of the Application, the Services or the Content, we will do so via the messaging functionality, chat or any other feature available on the Application. By agreeing to these Terms and Conditions, you also authorise us to use the email address you provide to us when creating your User Account to send you documents or other information. The communication with us via chat may be provided in English.

We may monitor, record and retain the electronic communications we exchange with you. We will store recordings in accordance with applicable regulations, and/or for as long as we deem necessary to be able to provide the Application to you. The retention period will be a minimum of 5 years at the end of our contractual relationship, and potentially longer, if requested by the relevant regulatory authorities.

Electronic communication

You confirm that you are happy to receive information addressed to you personally (such as communications, reports, notes and other information from us, including our policies) via email or via the Application or where relevant, via our Website where it meets the necessary requirements on us to deliver information to you in a "durable medium". 

You also confirm that you are happy to receive information that is not personally addressed to you via our Website and/or any other website or via the Application. 

Complaints

All complaints related to the functioning of the Application or Services can be sent to us at complaints@shares.io.  When making a complaint, the following information must be provided: name and surname, e-mail address and the reason for the complaint. Complaints will be processed within 14 days of receipt by us.

Article 4 - Your acknowledgements, representations and warranties

The User undertakes to use the Application and the information, content and personal information to which he/she may have access only under the conditions of use defined by Us. The User declares that he/she has the skills to use the Application correctly, in accordance with these Terms and Conditions.

When you apply for a User Account and each time you use the Services and the Content of the Application, you acknowledge, represent and warrant that:

• You are eligible to open a User Account and benefit from the Services provided through the Application and have capacity to do so; you must be at least 18 years old or of legal age in your country of residence to do so;
• You are responsible for your use of the Application, the User Account, and any Services you request and/or receive, and Content you enter into the Application;
• You are aware that the Internet presents risks and imperfections, which may lead to temporary decreases in technical performance and increased response times when using the Application online; 
• The potential communication of your Credentials or more generally of any information that you consider confidential is made under your own responsibility;
• You shall take all appropriate measures to protect your systems, your network and your own data and/or software from contamination by any virus that may be circulating from your and other information systems to the Application;
• Accordingly, you shall not upload or transmit any malicious code to the Application or use any electronic device, software, algorithm and/or method or any other strategy to manipulate the Services provided via the Application;
• The hypertext links or any other link of any kind set up on the Application may lead you to websites published by third parties, or applications whose content we do not control. The consultation of said sites and/or applications is your sole choice and your exclusive responsibility;
• You are acting on your own behalf and not on behalf of someone else;
• Information and documents you provide to us are true, accurate and not misleading;
• You are not in breach of any anti-money laundering and counter-terrorist financing regulations applicable in Poland and the EU, and you are not using the Application to launder money or to avoid sanctions against any person, business or country.
• You will not engage in or encourage others to engage in market abuse (including market manipulation and insider trading where you have inside information about a digital asset in which you are investing), whether within the Application's social channels or otherwise.

Market manipulation, for this purpose, means using the Application alone or with others to try and artificially inflate or deflate the price of an Investment or otherwise influencing the behaviour of the relevant market for personal gain. Insider dealing means, broadly, trading in or encouraging others to trade in an Investment when you have material non-public information which might be price sensitive in relation to that Investment for any reason.  

Article 5 - Our responsibility

TO THE EXTENT PERMITTED BY LAW, WE DO NOT ACCEPT ANY LIABILITY FOR LOSS OF PROFITS, REVENUE, VALUE, EARNINGS OR DATA, OR DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES SUFFERED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH THE USE OF OUR APPLICATION.

We are only bound by an obligation of means in the context of the execution of these Terms and  Conditions. In particular, we shall not be liable for the quality of access to the Application, as the service is offered "as is".

We shall not be liable to you in the event of non-performance or improper performance of these Terms and Conditions and/or the Special Terms due to you, fraud, negligence or error attributable to you, due to the occurrence of a case of force majeure, or in the event of technical failure or the action of third parties. More generally, to the extent permitted by applicable law, we shall not be liable for any disruption in the use of the Application.

Force majeure means an extraordinary event or circumstance beyond our control and that we cannot have foreseen or prevented from happening.

Technical failure means any of the following: unavailability of access to the telephone network or the Internet by us or by you, unavailability of our data hosted by third parties and for reasons attributable to these third parties, unavailability of access to your User Account, and any other account linked to it (crypto account, etc.) which is not attributable to us, technical problem inherent in the operation of a blockchain or a "smart contract", unavailability or loss by you of access to your User Account, and/or for reasons attributable to you.) that is not attributable to us, technical problems inherent in the operation of a blockchain or a "smart contract", unavailability or loss by you of access to your User Account, and/or any other account linked to it (crypto-account...) resulting from the action of hackers, a logical attack or a computer virus or any other malicious act on your computer systems, those of technical partners, or marketplaces used by us for the Services making it impossible to provide the latter (“Technical failure”). To the extent permitted by applicable law we shall not be liable for any breach of these Terms and Conditions by any other User.

To the extent permitted by applicable law we shall not be liable for any failure of the Payment Service Provider.

You are solely responsible for the choices you make in using the Services. 

You are duly advised of the risks surrounding the Services provided via the Application. In this context, to the extent permitted by applicable law, we shall not be liable for:

• The loss, theft or disclosure to a third party, whether intentionally or unintentionally, of your login details or password; 
• A cyber attack, a computer virus, malware, a breakdown, theft, loss or failure of your phone or computer device blocking access to your User Account, and any other account linked to it (Crypto-account), or leading to allowing access to a third party;
• Burglary, theft, extortion, violence, blackmail, swindling, manipulation of persons, abuse of weakness, or any other criminal offence suffered by you which may have resulted in the loss of assets or the provision of Services not desired by you;
• Loss or theft of assets acquired through the Application in any way;
• Unlawful use of assets acquired through us.

We endeavour, as far as possible, to keep the Website and the Application accessible 14 days a week and 24 hours a day. Nevertheless, the use of the Application and/or Website may be temporarily suspended due to technical maintenance, migration or updates, breakdowns or constraints related to the functioning of the Internet or the communication networks used by us or our partners. 

The networks on which the data circulate have different characteristics and capacities and are likely to be saturated at certain times of the day, which is likely to affect their download times and accessibility. To the extent permitted by applicable law, we shall not be liable for any malfunction or impossibility of access to the Application or the Website by third parties or by you, for congestion of the Internet network, for unsuitable equipment used by you, for maintenance or updating of the Application or for any other circumstance beyond our control or for force majeure. In particular, we shall not be liable, to the extent permitted by applicable law, for the possible financial consequences of your inability to access the Application and/or use the Services for the reasons set out above.

You are responsible for the payment of all appropriate taxes in connection with the provision of the Services and we are not responsible for any losses, or loss of profits, resulting from taxes imposed on you as a result of your use of our Services, or from any changes in tax rates. If you are unsure of the tax treatment of your investments, you should seek professional advice. 

Notwithstanding the fact that Shares may provide you with information to be included in your tax returns, it is your responsibility to verify this information under your own responsibility, to fulfil your tax obligations and to analyse your own tax situation. To the extent permitted by applicable law, we shall not be liable for any negative tax consequences, and/or recharacterization, and/or reassessment, and/or failure to file, and/or failure to pay, and/or any penalties, related to investments made through the Application.

As the fiscal and social regime may be modified from time to time, Shares makes no commitment and to the extent permitted by applicable law incurs no liability in this regard.

Article 6 - Change to these Terms and Conditions

We may make changes to these Terms and Conditions from time to time for reasonably justified reasons. For example, we might need to add new terms or amend existing terms to reflect changes in our business, services, Content or products, or how we provide them, the systems we use, the cost to us of providing the services, applicable law or regulation or industry best practice, or other valid reasons. In any case, we will inform you about the changes in the Terms and Conditions by giving you at least 14 days’ notice.

You agree to be bound by all subsequent versions of these Terms and Conditions, unless you decide to terminate it.

Article 7 - Closure and suspension of your User Account 

Closure at your own initiative

You can end your use of the Application and the agreement between us on these Terms and Conditions at any time and for any reason by providing us with notice, subject to the settlement of all outstanding transactions in Investments. Transactions already in progress will be completed in the normal course of business. We will close your User Account as soon as practicable after receiving your notice to terminate the customer agreement between us.

The closure of your User Account by you automatically terminates all of the Specific Terms agreed between you and us, including the closure of your Crypto-account, the termination of your agreement directly with certain of our partners, as well as the termination of your agreement with the Payment Service Provider, and any other agreement agreed with us, subject to any notice periods specified in our Specific Terms.

The consequences of such termination on your current Investments are described in our Specific Terms.

Closure and suspension at our initiative

We may also close your User Account and terminate the application of these Terms and Conditions between us at any time, however, only for reasonably justified reasons, giving you at least 14 days’ notice. 

A final closure of your User Account by us shall constitute termination of all the Specific Terms agreed between you and us, termination of your Crypto-account, termination of your agreement directly with some of our partners, as well as termination of your agreement with the Payment Service Provider, and any other agreement with us, subject to any notice periods specified in our Specific Terms.

The consequences of such termination on your current Investments are described in our Specific Terms.

We can also close your User Account and end our agreement on these Terms and Conditions if:

• We cease to be authorised to provide the Services; and
• We reasonably believe that providing you with the Application exposes us to action or censure from any law enforcement, government or regulatory body. 

Exceptional circumstances arising, including, but not limited to, if :

• We have good reason to believe that you are behaving fraudulently or otherwise criminally;
• We have reasonable grounds to consider that you are seeking to use your User Account and the linked Crypto-account, if any, to manipulate or to induce others (whether alone or in concert with other persons) to manipulate the market to the investments you hold;
• You have breached these Terms and Conditions or any document to which they refer in a serious or persistent manner and you haven't put the matter right within a reasonable time of us asking you to;
• We have good reason to believe that your use of the Application is harmful to us or to our software, systems or hardware;
• We have good reason to believe that continuing to use your account could damage our reputation or goodwill;
• We have asked you to repay money you owe us and you have not done so within a reasonable period of time;
• You have been subject judgement rendering you unfit to use the Application has been pronounced against you and is final with no appeal possible;  

If any of the grounds above arises, we may also decide to suspend or limit your use of the User Account and the provision of the Services related thereto (or any part thereof,) or restrict any particular way of providing the Services (e.g. via the Application or the Website). Such suspension will not prevent us from permanently closing your User Account at a later date, with all the legal consequences described above.

You agree that, to the extent permitted by applicable law, neither Shares nor any of our group companies, directors, staff, agents, suppliers or contractors will have any liability, of whatever nature and howsoever arising, for any loss arising as a result of any suspension of the Services.

Death of a User Account holder

If you die, we will suspend your User Account as soon as we can, once we are notified about your death by a person with due authority and necessary evidence. The value of your Positions, and any funds remaining in your Electronic Money Account, may form part of your estate and, subject to our receiving appropriate confirmation from an appropriate representative responsible for the management of your estate, we may act on the instructions given to us by such representatives. To the extent permitted by applicable law, we are not liable to you for any loss or damage incurred by you in relation to your Positions whilst we await instructions from any of your representatives. This agreement between us on these Terms and Conditions shall continue in full force and effect after your death, until such time as your User Account is closed and the agreement between us on these Terms and Conditions is terminated.

Article 8 - Our right to freeze, block or terminate your User Account and any related Service for anti-money laundering and counter-terrorist financing or asset freezing purposes

We may, from time to time, request additional information and/or documentation (including that required by anti-money laundering and counter-terrorist financing regulations, and any other similar regulations applicable to us, as well as anti-fraud measures or other internal procedures), or clarification of information and/or documentation provided by you, either at the time of your application for a User Account or at any time during our relationship.

The information you provide to us must be complete, accurate and not misleading. If you do not provide us with the required information, or if you provide inaccurate, incomplete or misleading information due to circumstances attributable to you, or, if to our sole discretion we determine that the information you have provided exposes Shares to anti-money laundering and anti-terrorist financing risks, or any other similar regulations applicable to us, we may refuse to allow you to open a User Account with us. In the situation you already have a User Account, we may freeze, block or close your User Account or suspend or cease to provide you with our Services by unilaterally terminating all agreements with us, if:

• We require you to provide us with information to enable us to comply with our obligations under applicable regulations and/or our internal procedures, and you are unable or unwilling to provide us with that information; or 
• The information you provide is inaccurate, incomplete or misleading due to circumstances attributable to you; or
• You are subject to asset freezing measures under applicable regulations.

Freezing, blocking or termination measures will then be carried out without prior notice.

Article 9 - Consequences of closing your User Account

We may retain a copy of all records relating to your User Account, your activity, the Services we have provided to you, any orders you have placed with us, data relating to your Crypto-account, any other accounts linked to the User Account, and any Content you have submitted via the Application, in accordance with our data retention policy as required by applicable law.

To the extent permitted by applicable law you will need to reimburse us for any losses caused to us as a direct result of your negligence, fraud or wilful misconduct or material breach of these Terms and Conditions.

If we terminate our agreement with you and your User Account then we will inform you in writing that we have done so immediately and will explain why, subject to any applicable law or regulation preventing us from doing so.

If you have acted in breach of these Terms and Conditions and we don't enforce our rights, or we delay in enforcing them, this will not prevent us from enforcing those or any other rights at a later date.

Article 10 - Miscellaneous provisions

10.1 Notifications

All notices, requests or communications under these Terms and Conditions must be made via email, letter or through the chat feature available on the Application and addressed to the relevant Party.

Any communication shall take effect, if by letter, on the date of receipt, and if by e-mail or chat, at the time of delivery of the e-mail or chat as attested by the receipt of delivery.

10.2 Contractual hierarchy

In the event of contradiction between these Terms and Conditions and any other Specific Terms, it is expressly agreed between the parties that the provisions contained in the Specific Terms shall prevail for the obligations in conflict of interpretation. 

10.3 Waiver

Failure by a Party to enforce any provision of these Terms and Conditions during any period shall not constitute a waiver of that provision or of the right to enforce it at any time. Similarly, the failure of a Party to exercise in whole or in part any right of recourse under these Terms and Conditions shall not result in the waiver of such right.

10.4 Divisibility

If in any way, one of the stipulations of these Terms and Conditions is declared null and void, unenforceable or deemed unwritten, the validity of the other stipulations as well as their execution will not be affected or compromised in any way and no Party may claim damages.

10.5 Completeness

All the provisions of these Terms and Conditions including any other documents or information referred to herein constitute the entirety of these Terms and Conditions agreed between the Parties with respect to its subject matter and supersede and cancel all prior representations, negotiations, undertakings, oral or written communications, acceptances, understandings and agreements between the Parties with respect to the provisions to which these Terms and Conditions apply or which it provides.

10.6 Evidence agreement

Acceptance of these Terms and Conditions by means of consents, approvals, and other statements given using our Application constitutes a legally binding agreement between you and us.  

The computer registers kept in Shares' systems will be kept under reasonable security conditions and considered as proof of the communications between the Parties.

Shares may track Users’ browsing activity through technical tools such as connection logs, and for this purpose, may keep the history of the User's connections. This information may later be used as evidence in case of dispute against you. 

10.7 Applicable law - Jurisdiction

The present Terms and Conditions are governed, for their interpretation and execution, by Polish law.

The Parties agree that all disputes to which the present Terms and Conditions may give rise concerning its validity, interpretation, execution, termination and all consequences shall be settled by the court having jurisdiction over you.

We endeavour to resolve any disputes with you amicably through direct contact. We encourage you to report any problems using email to: complaints@shares.io. Notwithstanding the above, we inform that if you act as a consumer, you have the possibility to resolve disputes electronically through the European Union ODR online platform for complaints and redress related to their contracts - the platform can be found at: http://ec.europa.eu/consumers/odr/. Consumers can also use the help of a consumer ombudsman or consumer NGOs. More information can be found on the website of the Office of Competition and Consumer Protection (http://www.uokik.gov.pl).

APPENDIX 1 : Community Guidelines

Our guidelines apply to all parts of our product, regardless of how you’re using Shares.

What you can expect from us

Our number one priority is building trust and safety in this community, and that means ensuring these guidelines are followed by all our members. We’re here to build the kind of environment you want to be a part of, which means you might see our Moderators take action against engagement we feel goes against our guidelines.

In most cases, action might mean issuing a warning. But where necessary, we’ll take steps to remove harmful or offensive content or the accounts responsible for creating it. We know people make mistakes, but there are certain behaviours we won’t accept.

What we won’t accept from you

While it should be pretty obvious what’s unacceptable to share in this community, we want to call out particularly important behaviours we won’t tolerate:

Please note, if you fail to abide by these guidelines, we may be forced to close your account, and you could be criminally or civilly liable.

What we’d like to see from you!

Here are some of the ways you can help us create and maintain a truly great community, that you and everyone else wants to be a part of.