Last updated: August 7th, 2024
The Terms and Conditions set out the rules for the provision of the Services by KADO EUROPE SP Z O O (“Kado Europe”).
Kado Europe is entered in the Register of Activities in the Field of Virtual Currencies under number RDWW – 1130, kept by the Director of the Tax Administration Chamber in Katowice.
1. Price list
Kado Europe price list, constituting Appendix 1 to the Terms and Conditions.
2. Contact details Kado Europe
contact details where Kado Europe can be contacted:
3. Order
any order, instruction or statement, including an order to execute a Transaction, directed by the Client to Kado Europe under the Terms and Conditions or any other regulations applicable between Kado Europe and the Client.
4. Working Day
every day except Saturdays and public holidays in the Republic of Poland.
5. Password
a password used, among other things, to identify the Client within the Account and to perform other activities as set forth in the Terms and Conditions.
6. Virtual Currency Buying and Selling
the Kado Europe service described in Point VI of the Terms and Conditions.
7. KC
Act of 23 April 1964. - Civil Code.
8. Client
the person or entity that has entered into the Contract with Kado Europe.
9. Account
the individual account of the Client, to which he/she may log in within the Website, enabling, among other things, submission of Orders and making use of other Kado Europe services.
10. Transaction
following transactions:
11. Terms and Conditions
These Terms and Conditions.
12. Website
the Kado Europe website at https://app.kado.money.
13. Kado Europe
Kado Europe sp. z o.o. with its registered office in Warsaw, Poland, at Bartycka Street, 22B-21A Warsaw (00-716), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register, under KRS number 0001079511, NIP 5214051747, REGON 52740320100000.
14. UAML
Act of 1 March 2018 on Prevention of Money Laundering and Financing of Terrorism.
15. Contract
The contract governing the provision by Kado Europe of the Services described in these Terms and Conditions.
16. UPK
Act of 30 May 2014 on consumer rights.
17. Service
The following services that may be provided by Kado Europe:
The services referred to in letters a - b, currently offered by Kado Europe, are indicated on the Website.
18. Virtual Currency
a digital representation of a value that is not:
and it may be exchanged for legal tender and accepted as a medium of exchange in economic transactions, and may be stored or transferred electronically or traded electronically.
1. The Contract is concluded on the Website, as part of the Account opening process. The Contract will be considered concluded when Kado Europe informs the Client about it on the Website or in a message sent to the Client's email address or telephone number.
2. In order to conclude the Contract, the potential Client shall:
3. Before concluding the Contract and also during the term of the Contract, Kado Europe may request the Client:
4. All information and data provided to Kado Europe before and during the term of the Contract, including for the purpose of executing the Transaction, shall be truthful and not misleading.
5. The Contract may also be concluded in a manner other than that described in this Point III of the Terms and Conditions if Kado Europe so agrees with the given Client.
6. The Terms and Conditions and other documents that Kado Europe must provide to the Client in accordance with the law will be sent:
In addition, the documents indicated above may be made available in the Account.
7. The Contract is concluded for an indefinite period.
1. An account is made available to the Client upon conclusion of the Contract and for the duration of the Contract. Access to and use of the Account is free of charge, and the Client does not have to pay any fee for access to and use of the Account, except for the provision of personal data necessary for the performance of the Contract. However, Kado Europe may introduce fees for access to and use of the Account in the Price List.
2. The Client may use the Account to send enquiries, information and documents to Kado Europe, to receive information and documents from Kado Europe, to contact Kado Europe, to make Orders, including Orders to execute Transactions, and to use other functions made available in the Account.
3. The Client may not use the Account to provide third parties with Services or services similar to those provided by Kado Europe.
4. In order to use the Account, the Client shall receive a login and password to his/her e-mail address, telephone number or shall be able to assign them to himself/herself in the process of opening the Account or in the process of changing the login and password.
5. The person to whom the Client has provided a login and password to the Account and who uses the Client's Account, is authorised to represent the Client. The Client authorises this person to giving Orders in the Account to the full extent. This means that this person may give all Orders that are possible to give in the Account and to accept all arrangements with Kado Europe and/or another Client, including arrangements regarding Transactions.
6. The Client shall not make the login and password available to unauthorised persons and shall protect the login and password against access by such persons. Only the Client and persons authorised by the Client may use the Client's Account. The Client is not allowed to make his Account available to other persons, including other Clients. If the Client has a suspicion that someone unauthorized may have obtained its login or password or has access to its Account, he/she shall immediately inform Kado Europe and change the password.
7. The Client shall be liable for the consequences of any Orders given in its Account, including by unauthorised persons. The Client, who is a consumer within the meaning of the KC, shall not be burdened by the consequences of Orders given by unauthorised persons, if they were given and executed through Kado Europe's fault.
8. The Client shall in particular be burdened with the consequences of Orders given:
9. It is prohibited to provide content of an unlawful nature through the Account. It is not permissible to use the Account in a manner that enables or aims at unauthorised access to the Kado Europe IT system, the introduction of malicious software into it or the prevention or disruption of its proper functioning.
10. The Account will be available at least [90]% of the time on a monthly basis.
11. Client needs to have following to use the Account:
1. Kado Europe shall accept to execution the Orders correctly drawn up and submitted to Kado Europe. Giving of an Order in the Account is made by approving it with the appropriate button. Kado Europe may require additional actions to be performed in order to approve a given Order.
2. Kado Europe may refuse to carry out an Order that does not meet the requirements set out in the Terms and Conditions or in the Website or Account, as well as in situations set out in the provisions of applicable law, including in the following cases:
3. If Kado Europe refuses to execute the Order, it will inform the Client, unless this is contrary to law.
1. As part of the Virtual Currency Buying and Selling the Client may:
2. The Client shall agree with Kado Europe in the Account the price for the sale or purchase of Virtual Currencies (exchange rate). The Transaction will be executed at the agreed exchange rate. If the Client does not provide Virtual Currencies or legal tender (FIAT) at the agreed time, Kado Europe may refuse to execute the Transaction or execute it at the other exchange rate applied by Kado Europe at the time of receipt of the Virtual Currencies or legal tender (FIAT).
3. Kado Europe shall transfer to the Client the Virtual Currencies or legal tender (FIAT) owed to the Client under the sale or purchase Transaction by the end of the Business Day following the day on which the sale or purchase Transaction was executed by Kado Europe. Virtual Currencies are transferred to the wallet indicated by the Client within the Order. Legal tender (FIAT) are transferred to the Client's payment account indicated within the Order.
4. Kado Europe may chargé the fees payable by the Client from Virtual Currencies or legal tender owed to the Client in respect of sale or purchase Transactions.
5. Kado Europe shall not accept cash for sold Virtual Currencies. Kado Europe shall not pay cash for bought Virtual Currencies.
1. The Client may give an Order to execute a Transaction only in the Account.
2. Transactions may only be Ordered in Virtual Currencies or in the FIAT currencies indicated on the Website.
3. If the transfer of legal tender (FIAT) from the Client to Kado Europe and/or from Kado Europe to the Client is necessary for the execution of a Transaction, the transfer of such funds shall be carried out by a separate entity duly authorised to be a payment service provider. Kado Europe does not participate in or act as intermediary in the transfer legal tender (FIAT). Kado Europe shall not provide payment services as defined by law.
4. The moment of receipt of an Order to execute a Transaction is the moment when Kado Europe has confirmed to the Client in the Account the receipt of that Order.
5. The Client may not cancel an Order to execute a Transaction received by Kado Europe unless otherwise agreed with Kado Europe or Kado Europe makes such a feature available in the Account.
6. When ordering a Transaction, the Client is obliged to provide all the data required in the Account.
7. A Transaction involving the transfer of Virtual Currencies is executed by transferring such Virtual Currencies to the Wallet or Wallets indicated in the Order.
1. Kado Europe charges fees or commissions for providing the Services, as set out in the Price List or in the Website.
2. Fees or commissions due to Kado Europe may be payable by collecting them from the Client's Virtual Currencies or by paying them by the Client to the account or wallet of Kado Europe indicated on the Website or in the Account. A prior declaration of collection by Kado Europe is not required.
3. Kado Europe shall be entitled to make available to the Client the amounts of Transaction received for the Client less any fees or commissions payable in connection with execution of that Transaction.
4. In the event that a Client using the Kado Europe Services is in arrears with payment of fees or commissions, Kado Europe may refuse to provide the Services to that Client until the arrears are settled.
1. The Login, Account password and Account may only be used by the Client.
2. The Client must use the Account and Kado Europe Services in accordance with the provisions of these Terms and Conditions and must take the necessary measures to prevent a breach of the individual security measures of the Account, including the storage of the login, password to the Account and other data enabling the giving of an Order to execute a Transaction with due diligence and not to make them available to unauthorised persons.
3. In the event that the Client ascertains or suspects that the Account, login or password to the Account, have been or may have been accessed by an unauthorised person, including as a result of their loss, theft or misappropriation, the Client shall immediately report these circumstances to Kado Europe and give an Order to block the Account. The notification shall be made to Kado Europe Contact Details.
4. The Client shall comply with the following security rules relating to the use of the Account:
5. Kado Europe shall be entitled to block the Account, Virtual Currencies or Transactions in whole or in part:
6. Kado Europe shall inform the Client in the Account that the Account, Virtual Currencies or Transactions have been blocked before they are blocked or, if this is not possible, immediately after they are blocked, unless notification is prohibited by law or notification would be unreasonable for security reasons.
7. The Client can make an unblocking request by writing or calling Kado Europe Contact Details.
8. Once the reasons for the blocking cease to exist, Kado Europe will unblock access to the Account or the Virtual Currencies, of which it will inform the Client in the Account.
1. The Client may send a complaint:
2. The complaint should contain the name and surname of the Client and a description of the reason for the complaint.
3. Kado Europe shall consider the complaint as soon as it is received, but no later than within 14 days of receipt.
4. In particularly complicated cases, making it impossible to consider the complaint, Kado Europe may request additional information or documents. Failure to provide such information or documents shall not be an obstacle to reply to the complaint.
5. Kado Europe replies to complaints:
6. The Client or the person to whom the conclusion of the Contract has been refused, being a consumer, has the right to make use of out-of-court settlement of disputes:
7. The court competent to settle disputes related to the conclusion and performance of the Contract concluded with:
1. The contract may be terminated by mutual Contract of the parties or by notice of termination. The period of notice shall be 30 days.
2. Notice of termination of the Contract:
3. If the Contract is terminated by the Client, the Client shall be entitled to withdraw the notice of termination until the expiry of the notice period.
4. Kado Europe may only terminate the Contract for one or more of the following valid reasons:
1. Kado Europe shall be entitled to unilaterally amend the Terms and Conditions and the Price List (other than the amount of fees and commissions) if at least one of the following valid reasons occurs:
2. Kado Europe shall be entitled to change the amount of fees and/or commissions in the event of one or more of the following valid reasons occurs:
Changes in the amount of fees and/or commissions may only be made in accordance with the direction of the change in the index, rate or other cost of Kado Europe to which Kado Europe refers as the basis for the change.
3. Changes to the Terms and Conditions or the Price List for valid reasons referred to in points XII.1.a, XII.1.b XII.2.c and XII.2.f may only take place to the extent that such a change in the legal status or a ruling of a court or a decision, guideline, recommendation or other binding an act of Kado Europe, issued by a public administration authority imposes a recommendation or obligation on Kado Europe to change the content of the Terms and Conditions or the Price List and cannot justify a change in the Terms and Conditions or the Price List that is not necessary to perform this obligation or recommendation and at the same time goes beyond this obligation or recommendation. In such a case, Kado Europe will amend the Terms and Conditions or the Price List to the extent necessary for the correct implementation of the recommendations or the obligation referred to above.
4. Changes to the Terms and Conditions for valid reasons referred to in point XII.1. c – g may occur only if the following conditions are additionally met:
5. An increase in the fee or commission cannot exceed twice the amount of the previous fee or commission, respectively. If a new fee or commission is introduced, its amount cannot exceed EUR 100 or 5% of the amount which is the basis for its calculation. In the case of an increase in the fee or commission, the amount of which hitherto was:
6. An increase in the fee or commission concerned on the grounds referred to in point XII. 2a. – b. and e. of the Terms and Conditions, can be done only twice in a calendar year. This means that an increase of a given fee or commission on the basis of one of these reasons in a given calendar year means that it is no longer possible to invoke any of these reasons in the same calendar year for the increase of this fee or commission.
7. A change of the fee or commission for important reasons referred to in XII. 2.c. and f. Terms and Conditions, may take place only to the extent that such a change in the state of the law or a decision of a common court of law or a decision, recommendation, recommendation or other binding act issued by a public administration body imposes on Kado Europe a recommendation or an obligation to make a specific change and may not justify a change that is not necessary to comply with that obligation or recommendation and at the same time goes beyond that obligation or recommendation.
8. Points XII.1 – XII.7 apply only to the Client who is a consumer within the meaning of the KC. In the case of a Client who is not a consumer, Kado Europe is entitled to change the Terms and Conditions and/or the Price List at any time, to any extent, in the event of any important reason
9. Kado Europe shall inform the Client of an amendment to the Terms and Conditions or the Price List (including the amount of the fee or commission) and the effective date of the amendment. The effective date of the amendment may not be earlier than 30 days after informing the Client.
10. The Client may terminate the Contract without observing the notice period until the 30th day after the date of entry into force of the changes. Failure to terminate the Contract will mean that the Client has agreed to the changes.
11. Kado Europe informs the Client of the changes;
1. The Client, who is a consumer within the meaning of the Civil Code or an entrepreneur running a sole proprietorship, may withdraw from the Contract without giving any reason by making a statement:
2. In the event of withdrawal from the Contract with Kado Europe, it shall be deemed not to have been concluded and the Client shall be released from all obligations. The Client shall not bear any costs associated with the withdrawal. What the parties have provided (with the exception of executed Transactions and fees and commissions for executed Transactions) shall be returned, within 30 days:
3. The Client shall pay for the services performed by Kado Europe until the withdrawal from the Contract, at the rates specified in the Price List and/or in the Website. The withdrawal has no effect on the Transactions performed by the Client up to the moment of withdrawal from the Contract.
1. Points XIV.2 – XIV.7 of the Terms and Conditions apply only to Clients who have concluded a Contract and use Kado Europe services as a consumer, within the meaning of the provisions of the KC.
2. Kado Europe is responsible for the non-compliance of the Services provided with the Terms and Conditions, which occurred or became apparent during the term of the Contract.
3. In the event of improper performance of the Services by Kado Europe, the Client may exercise the rights regulated in chapter 5b of the UPK. If the Service is performed contrary to the Contract, the Client may demand that it be brought into compliance with the Contract. Kado Europe may refuse to bring the Service into compliance with the Contract if bringing it into line with the Contract is impossible or would require excessive costs for Kado Europe.
4. In addition, if the Services are non-compliant with the Contract, the Client may make a declaration to either reduce the price of the Services or withdraw from the Contract, provided that:
5. The Client may not withdraw from the Contract pursuant to point XIV.4 above, if the Services are provided free of charge or in exchange for the payment of a price, and the lack of compliance of the Service with the Contract is immaterial.
6. The reduced price must be in such proportion to the price resulting from the Contract, as the value of the Services that do not comply with the Terms and Conditions remains to the value of the Terms and Conditions that comply with the Regulations. When reducing the price, the time during which the Services remained non-compliant with the Contract should be taken into account. In the event of withdrawal, Kado Europe is obliged to return the price only in the part corresponding to the Service that is non-compliant with the Terms and Conditions and the Service, the obligation to provide which dropped as a result of withdrawal from the Contract.
7. Kado Europe is obliged to reimburse the price due as a result of exercising the right to withdraw from the Contract or reduce the price immediately, no later than within 14 days from the date of receipt of the statement of withdrawal from the Contract or reduction of the price. Kado Europe shall reimburse the price using the same method of payment as used by the Client, unless the Client expressly agreed to a different method of reimbursement, which does not involve any costs for Client.
1. The Client may not send or store illegal content on the Website or in the Account, as well as content that:
2. Any person or entity, including the Client, who considers the content stored on the Website or Account to be illegal or violating the terms of the Agreement may send a notice regarding this content to Kado Europe. The notice shall be sent to the e-mail address indicated in Kado Europe Contact Details.
3. The notice shall include the following information:
4. If the notice contains electronic contact details of the person or entity submitting the notice, Kado Europe will, without undue delay, send confirmation of receipt of the notice to this contact address.
5. Kado Europe shall process the notice within 14 days and within this period it will inform the noticing person or entity about Kado Europe's decision in relation to the content indicated in the notice. The noticing person or entity has the right to appeal against the decision of Kado Europe within 14 days of its receipt. The rules regarding notification specified in point XV.2 - 5 of the Terms and Conditions apply accordingly to the appeal. The noticing person or entity also has the right to use judicial or extrajudicial means of resolving disputes, indicated in point X of this Terms and Conditions.
6. If Kado Europe finds (based on the above-mentioned notification or as part of the information it has independently obtained) that the content sent or stored on the Website or in the Account is illegal or violates point XV.1 of the Regulations, Kado Europe may decide to:
The above-mentioned decision may be made by Kado Europe based on the notice or as part of the information obtained independently, and Kado Europe does not take any active measures to actively detect or identify illegal content or content that violates this Terms and Conditions.
1. The Client shall be fully liable for the consequences of any Orders given in the Account. Kado Europe shall only be liable for Transactions ordered by unauthorised persons, which Kado Europe has caused intentionally or through gross negligence. Kado Europe's liability is entirely excluded if the Client's damage is due to force majeure or the application of legal provisions, including decisions of the competent public administration authorities.
2. Pre-contractual relations and the Contracts shall be governed by Polish law.
3. The language of the Contract as well as the language of communication between Kado Europe and the Client shall be English and/or Polish.
4. The Client undertakes to ensure that the person authorised to act for and on behalf of the Client, including making declarations of intent in connection with the execution of the Contract, Orders and/or Transactions, performs all the obligations provided for in the Contract, the Terms and Conditions and any other regulations or arrangements in force between the Client and Kado Europe, including the obligations provided both to the Client and that person. Unless otherwise agreed, the acts and omissions of that person shall be treated as the acts and omissions of the Client.
5. The Client shall bear the costs of using the means of distance communication, in particular the telecommunications network, according to the tariff of his operator.
6. Kado Europe does not provide advisory services in the field of Virtual Currencies, including the scope of making investments in Virtual Currencies or the suitability of Virtual Currencies for a given purpose. The fact that Kado Europe provides Services in relation to a particular Virtual Currency does not in any way mean that Kado Europe endorses or encourages the use or purchase of that Virtual Currency.
7. In the event of a change in the data provided to Kado Europe, including contact details, the Client shall inform Kado Europe immediately, no later than within 7 days of the change occurring. If the Client does not inform Kado Europe of the change of the e-mail address specified within the period specified in the previous sentence, Kado Europe will send all information and documents to the Client and contact the Client in accordance with the previously specified address. Kado Europe may also suspend the provision of the Services to the Client until the data is updated.
8. If individual provisions of the Contract, including the Terms and Conditions, are found to be invalid or ineffective in whole or in part for any reason, the other provisions shall remain in effect.
9. Kado utilizes a variety of third-party providers in performing its services, including Trustek LLC. Trustek is a software development and technology provider integrated with licensed financial institutions. This integration helps ensure that all financial transactions requested to be performed by Kado's clients adhere to the highest standards of security and compliance, leveraging Trustek's robust technology infrastructure and relationships with its partners for a variety of financial transactions.