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These Terms and Conditions for the Use of ATMs (the "Terms and Conditions") set out the rules for using the services provided through self-service devices – cryptocurrency ATMs (hereinafter referred to as "ATMs").
The Company operates in accordance with the laws of the Republic of Poland and the European Union, including in particular:
This document contains the legal and operational terms and conditions for the provision of services by the Company through ATMs in the territory of the Republic of Poland.
We value you as a customer and are committed to providing you with the best possible experience when buying and selling cryptocurrencies through our ATMs (ATMs). These Terms and Conditions outline your rights and obligations in connection with your use of our Services.
By using our ATMs, you accept these Terms and Conditions and confirm that you fully control and own your cryptocurrency wallet and the funds you intend to use.
If you do not accept any of the Terms and Conditions, please do not use our Services.
Please read the Terms and Conditions carefully, as they contain important information regarding your rights and remedies.
The company:
A company registered under the laws of the Republic of Poland, operating as a Virtual Asset Service Provider (VASP) in accordance with national regulations and in compliance with Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) requirements. The Company provides services related to crypto-assets, in particular through the cryptocurrency ATMs (ATMs) and related services it operates.
The company is monitoring the development of EU regulations, including Regulation (EU) 2023/1114 on cryptoasset markets (MiCA), in preparation for full compliance with the requirements for cryptoasset service providers (CASPs) when they come into force.
Customer / User:
An individual who is 18 years of age or older, has full legal capacity and uses or intends to use the services offered by the Company, including the ability to buy or sell crypto-assets through cryptocurrency ATMs.
Cryptocurrency:
A digital representation of value or rights that can be transferred and stored electronically using distributed ledger technology (DLT) or equivalent technology. This includes, but is not limited to, cryptocurrencies such as Bitcoin (BTC), Ethereum (ETH) and other digital assets handled by the Company.
Service:
Any crypto-related activity offered by a Company registered as a Virtual Asset Service Provider (VASP), in particular:
Cryptocurrency ATM (ATM):
A physical device owned and operated by the Company that allows Users to buy or sell supported cryptocurrencies using fiat currency, subject to applicable conditions, limits and identity verification requirements.
KYC / AML:
Know-Your-Customer (KYC) and Anti-Money Laundering (AML) procedures, including the collection, verification and processing of personal data in accordance with applicable laws, including:
General rule: don't buy or send cryptocurrencies to people you don't know and have never met in person.
If you encounter any of the following situations, recognize that you may be a victim of fraud:
"Romantic" Scam (Most common type of scam)
Has someone asked you to use a Bitcoin ATM to send money to a boyfriend, girlfriend, fiancé/fiancée, husband or wife you met online? This is most likely a scam. These people are manipulating your emotions by pretending to love you in order to steal your cryptocurrencies - which you will probably never get back. Do not trust them and do not send any cryptocurrencies to the address they provide. If you suspect you are in this situation, contact our support department immediately to discuss it. Protect yourself now so you won't regret it later.
"Employee " Scam
Sometimes a supposed employer may deposit money into your bank account and then ask you to withdraw it and send it back using a Bitcoin ATM to the address they provide. This is a scam. The deposited funds often come from a hacked bank account and will be returned to the rightful owner, leaving you with a negative balance. In practice, you use your own money to purchase cryptocurrencies, which are then stolen. Remember that all ATM transactions are final and irreversible. The person who gave you the "job" will disappear and you will not get your money back.
"Purchasing goods with cryptocurrencies" scam
You may come across ads on platforms such as eBay, Facebook Marketplace, OLX, etc., offering goods at much lower prices than usual - but only accepting cryptocurrency payments, often instructing you to pay via ATM. After sending the cryptocurrency, the seller disappears and you receive neither the goods nor a refund.
These examples show why sending cryptocurrencies to unknown people, especially when love, cheap goods or jobs are promised, can lead to serious financial losses.
Always educate yourself on the different types of fraud and, if in doubt, contact the appropriate legal authorities to keep your transactions safe and profitable.
Scammers may pass themselves off as our support agents and try to get you to divulge personal information, wallet access data, or install malware.
Never ask for private wallet keys, remote access to your device, or passwords.
Always contact us only through the official support channels listed on our website.
Scammers may contact you offering supposedly "guaranteed returns," "safe investments" or a quick doubling of your cryptocurrency.
They often use fake websites, investment platforms or social media groups that look credible, but have been created for the sole purpose of stealing your funds.
Once you have sent your cryptocurrency, the scammers usually disappear without a trace, and you will not receive any returns.
No legitimate company or financial institution guarantees consistent or extraordinary returns on cryptocurrency investments.
If someone claims otherwise and asks you to make a deposit through our ATM, it may be an attempt at fraud.
Protect your funds and don't trust these types of offers.
By using our Services, you acknowledge and accept that transactions involving cryptocurrency assets (such as Bitcoin and other cryptocurrencies) involve a high level of risk. The Company is not responsible for any losses incurred as a result of using the Service.
4.1 Conditions for Customer Access to the Service
In order to comply with applicable anti-money laundering and counter-terrorist financing (AML/CTF) laws, the Company may be required to collect and verify certain personal information from Users using the Service. A Know Your Customer (KYC) identity verification process may be required by law in the jurisdictions in which we operate, and whenever statutory transaction thresholds are exceeded.
Depending on local regulations and the level of risk, we may collect the following personal information:
By using the Service, you agree to provide data that is true, up-to-date and complete, and to respond promptly to any requests to provide documents or explanations.
Even if the identity has been previously verified, the Company may request re-verification at any time - particularly if required by law or internal compliance procedures.
The Company may refuse to provide the Service, suspend it or restrict access to it if it is not possible to confirm the User's identity or fail to provide the required information.
Permitted use:
The service may be used only:
It is forbidden to use the Service if the User:
By using the Service, you agree to comply with all of the following rules and obligations, which are designed to ensure safe, lawful and responsible use of our infrastructure.
Failure to cooperate or delays in providing information may result in delay, restriction or suspension of access to the Service.
The user is solely responsible for:
The Service Provider does not provide tax or legal advice and recommends that the User consult a professional advisor in order to properly fulfill tax obligations or assess financial risks.
In accordance with applicable laws, including the Anti-Money Laundering and Countering the Financing of Terrorism Act of March 1, 2018 and Regulation (EU) 2023/1114 ("MiCA"), the Company reserves the right to request additional information at any time, in particular:
By using the Service, the User agrees to present the aforementioned information in a reliable manner and without undue delay.
Failure to cooperate or refusal to provide required documents may result in, among other things:
Subject to these Terms of Use, the Service allows you to buy or sell cryptocurrencies through ATMs owned and operated by the Company. In order to complete a transaction, you must physically be at an ATM operated by the Company. The Service is not available online unless expressly indicated otherwise.
Transactions can be made only in selected fiat currencies (e.g. national currency - Polish zloty) and cryptocurrencies supported by the Company. The list of supported cryptocurrencies is subject to change; you will be informed in case of significant changes.
All transactions are final and irreversible once confirmed on the relevant blockchain network. You do not have the right to cancel or stop payment once the transaction has been approved. The ATM may generate a transaction confirmation (receipt); you are advised to keep it.
The Company reserves the right to impose limits on the amount of transactions, daily or monthly transaction volume, or frequency of use of the Cryptocurrency ATM Service. These limits may be updated from time to time in compliance with applicable laws, including Regulation (EU) 2023/1114 of the European Parliament and of the Council (MiCA) and anti-money laundering (AML) regulations. In case of changes affecting your rights or obligations, the relevant information will be displayed on the ATM screen and/or published on the Company's official website.
Attempts to circumvent the limits (e.g., by using multiple wallets, third-party wallets, or someone else's ID) are prohibited and may result in suspension or blocking of access to the Service.
The Company reserves the right to refuse to execute a transaction or to suspend it at its sole discretion, particularly if it suspects that a transaction is suspicious, potentially fraudulent or in violation of the law.
The service is provided on a transactional (one-time or occasional) basis only. The Company is not obligated to process every transaction and may, without prior notice, refuse to process or delay processing in situations it deems necessary from a legal, regulatory or risk management perspective.
The Company may also temporarily block funds transferred at an ATM if there is a reasonable suspicion that a particular transaction is suspicious or may violate the law or these Terms and Conditions. The funds will be unblocked upon completion of an internal investigation or in accordance with the law. Funds may also be frozen or blocked to comply with laws or decisions of supervisory or law enforcement authorities.
5.2.1 Transaction Fees and Network Fees
The Company charges fees for the services provided ("Transaction Fees"). These fees are included in the exchange rate presented to the User before confirming the transaction.
In addition, the User incurs a so-called " Network Fee" (the " Network Fee"), resulting from the cost of processing transactions on the relevant blockchain network.
5.2.2 Fee Percentages and Rate Source
In the case of purchasing cryptocurrencies, the transaction fee may be a maximum of about 5.7% above the market price.
When selling cryptocurrencies, the amount paid out can be about 4.8% less than the market price.
"Market price" means the value of the cryptocurrency determined by the Company at the time of the transaction, based on the internal exchange rate system and data from selected cryptocurrency exchanges.
The Company reserves the right to change the source or method of determining the market price, and each time the User will be informed of the applicable exchange rate, transaction fee and network fee before approving the transaction.
5.2.3 Pre-transaction information
Before the transaction is completed, the ATM will display the following information to the User:
a) The amount of cryptocurrency it will receive (in case of purchase), or the amount of fiat currency it will receive (in case of sale),
b) The exchange rate used in the transaction, including the transaction fee and the network fee.
The user can cancel the transaction if he/she does not accept the given conditions.
5.2.4 Waiver of Claims
By entering into a transaction, the User agrees to the terms presented.
This provision does not exclude or limit the User's rights under applicable consumer protection laws. Any disclaimer must remain in compliance with these laws.
5.2.5 Changes in Fees
The Company reserves the right to update transaction fees from time to time.
In the event of significant changes that may affect the User's rights or obligations, the Company will provide appropriate notification - on the ATM screen, website or in any other manner required by law.
The following are the most common mistakes made by customers when using our cryptocurrency (ATM) machines, along with recommendations to help ensure a successful transaction. These recommendations are for informational purposes - following them helps to reduce the risk, however, it is the User who bears full responsibility for the correctness of the data entered and the approval of the transaction details.
Instructions for scanning an identity document
Supported cryptocurrencies and networks
Our ATMs support a limited set of cryptocurrencies and blockchain networks.
It is your responsibility to ensure that you only send funds via the supported networks listed below.
Sending tokens using an unsupported network, in the wrong standard, or to the wrong address may result in irretrievable loss of funds that cannot be recovered.
By using our ATMs, you accept the above terms and conditions and the risk of losing your funds if you send them incorrectly.
Accelerating transactions / so-called "bumping"
Keep receipts and transaction codes
When you sell your cryptocurrency (cash withdrawal), you have a limited amount of time - usually up to 10 minutes - to send the funds to the designated address after printing your wallet address. Sending cryptocurrency after this time may result:
The ATM may have a minimum cash withdrawal threshold set. If the machine cannot withdraw the entire amount in cash after recalculating the amount sent, it can be:
If there is a temporary shortage of cash in the device, the sales transaction can be completed later using the receipt code received.
The receipt code is assigned only to you and cannot be shared with third parties. If it is lost or shared, the funds may be irretrievably lost. The service provider does not guarantee the recovery of funds in such cases. We try to service and replenish the devices as soon as possible, usually within one week, but in exceptional situations (e.g. technical failures) this time may be extended.
Incorrect token or address
Customer service
7.1.1 Purpose and Data Minimization
Data collected by the Company shall be used only to the extent necessary for proper identification, compliance with anti-money laundering (AML) and counter-terrorist financing (CTF) regulations, keeping records of transactions and fulfilling legal obligations.
7.1.2 Retention Period
Personal data and transaction records are retained for a period of five (5) years from the date of the transaction or the termination of the business relationship, in accordance with applicable AML regulations (in Poland, this is the Anti-Money Laundering and Countering the Financing of Terrorism Act) and regulations under the MiCA.
After this period, personal data will be securely deleted or anonymized, unless longer retention is required by law or the need to pursue legal claims.
7.1.3 Transaction Logs and Internal Records
For each transaction, we collect and store the date, amount and internal transaction ID. These records are stored securely and can only be shared with authorized employees or competent authorities if required by law.
7.1.4 Data security and access control
7.1.5 Privacy Policy
For detailed information about the collection, use, storage and protection of your personal information, please refer to our Privacy Policy. The Privacy Policy explains your data rights, how we protect them and how you can exercise them. By using our Services, you acknowledge that you have read and accept the Privacy Policy.
7.1.6 Data transfer and storage locations
Data may be stored on secure servers in the EU or in other jurisdictions that provide an adequate level of data protection. If data is transferred outside the EU, we provide appropriate safeguards (e.g. standard contractual clauses).
For security reasons, the exact locations of the servers are not made publicly available.
7.1.6 Employee Confidentiality and Training
All Company employees who come into contact with personal data receive data protection training and are required to maintain confidentiality. Access to personal data is limited only to the extent necessary to perform specific job duties.
7.2.1 No Warranties
The Service is provided "as is," without any express or implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third party rights. Some consumer protection laws may prevent the exclusion or limitation of implied warranties or liability for certain damages; in such cases, these limitations will apply only to the extent permitted by law.
7.2.2 Liability for Executed Instructions
You agree that the Company and covered entities will not be liable for amounts or consequences resulting from your instructions, misrepresented wallet addresses or other data provided by you.
We will also not carry out instructions that, in our reasonable judgment, may expose us to legal or criminal liability.
7.2.3 Unavailability of the Service
We do not guarantee uninterrupted availability of the Service. We are not responsible for any decrease in the quality of performance or interruptions caused by factors beyond our control (e.g. Internet problems, network failures, blockchain network delays).
7.2.4 Suspension of Access
In case of reasonable suspicion of illegal or unauthorized activity, we may suspend your access to the Service until the matter is investigated. We will notify you of such suspension if required by law, and you have the right to provide an explanation or take corrective action, if appropriate.
You may stop using our Services at any time.
The Company reserves the right to suspend or permanently block your access to the Service at its sole discretion and without prior notice in the following cases:
The Company also reserves the right to retain transaction and identity data in accordance with applicable anti-money laundering and data retention laws.
Please note that termination of access to the Service does not affect the validity or finality of the transactions made, which remain irrevocable and binding.
Completion of the KYC/AML verification process, which mandatorily includes the collection and processing of biometric data, is required to access our Services. Failure or refusal to provide the required data will prevent you from using the Services.
You agree to indemnify and hold us and our employees, agents and subcontractors harmless from any loss resulting from the use of our services, except to the extent that the loss is due to our gross negligence or willful misconduct.
In addition, you agree to indemnify us for the consequences of actions taken in good faith based on your instructions. We are not responsible for the actions of third parties.
If your instructions may expose us to legal liability, we may refuse to carry them out. If we do follow such instructions, we may require you to provide additional security, such as a surety or security agreement, in a form satisfactory to us.
Provisions of this kind remain in effect even after your use of the services has ended.
The Company shall not be liable for delays, non-performance or interruption of services caused directly or indirectly by causes beyond its reasonable control, including but not limited to:
Such events shall not affect the validity or enforceability of the remaining provisions of these Terms and Conditions.
The Company will make every effort to notify customers of significant service disruptions caused by force majeure events through available communication channels, such as messages on ATM screens (when available), announcements on the Company's website and social media, and through customer service. Due to the nature of ATM services, real-time communications may be limited.
The Company and the Indemnified Parties agree to resolve any disputes amicably and efficiently. In most cases, customer issues can be resolved quickly by contacting customer service at Bitcoin ATM.com/contact.
If you have a claim or dispute with the Company, you can also use our internal Complaint Handling Procedure, which is completely free of charge.
You also have the right to refer the matter to:
If attempts to resolve the dispute amicably fail, the party intending to initiate arbitration must first send a written Notice of Dispute ("Notice") by registered mail or other reliable method confirming delivery to the other party. The address for service will be provided via email contact.
The notice should include:
Upon receipt of the Notice, the parties agree to negotiate in good faith for a period of 60 calendar days to resolve the dispute amicably.
If, after 60 days, the dispute remains unresolved and both parties expressly agree in writing, the dispute may be referred to binding arbitration, conducted on an individual basis only, in accordance with:
Arbitration will be conducted:
During the proceedings:
Unless the parties agree otherwise:
Your rights under EU and national laws, including consumer rights, remain unaffected.
All complaints are handled free of charge and in accordance with our Complaint Handling Policy (also available on our website -Bitcoin ATM.com), which meets the requirements of applicable Polish laws, including the Law on Protection of Consumer Rights and regulations of the FSC (Polish Financial Supervision Authority).
We aim to resolve complaints within 14 calendar days. In the case of more complex cases, this deadline may be extended to 30 calendar days, with the client being kept informed of the progress of the proceedings.
The Company is registered as a Virtual Asset Service Provider (VASP) and may be required by law to file currency transaction reports and/or suspicious activity reports with the relevant supervisory authorities in connection with Clients' activities. The Company is under no obligation to inform Clients of the filing of such reports. In addition, the Company may also be required by law to provide information regarding the Client's transactions to other regulatory authorities. The Company shall have no liability to the Client for providing information to regulatory authorities regarding the Client's use of the Service.
The price list is subject to change at any time at the sole discretion of the Company. The transaction fee and network fee are included in the exchange rate applicable to the transaction. The exchange rate, which includes these fees, will be provided to you prior to the transaction and will be charged at the time you agree to execute the transaction.
No cryptocurrency or transaction made through the Service is insured or guaranteed by any governmental authority in Poland, the European Union or any private insurer against theft or loss, including cyber theft or other forms of loss. Cryptocurrency transfer is irrevocable and without exception. We are not responsible for unauthorized, erroneous or accidental transfers made by you or any other person who has gained access to your account or wallet. The nature of virtual assets may involve an increased risk of fraud or cyber-attacks, as a result of which your cryptocurrencies may be irretrievably lost.
If we do not exercise our right or delay in exercising our right in accordance with these Terms and Conditions, this does not mean that we waive this right or any other right. We may still exercise all of our rights in the future.
Unless prohibited by the laws of the country in which we operate, we reserve the right to change these Terms and Conditions, including fees and features of the service provided, at any time. We will inform you of the changes by publishing the new version of the Terms and Conditions on our website (website address) or by presenting it during your transaction at the ATM terminal.
If we have informed you of a change in the Terms and Conditions and you continue to use the service after the effective date of the change, you are deemed to have accepted the changes. If you do not agree to the change, you must stop using the service before the effective date of the change.
These Terms of Service are governed by Polish law and the applicable provisions of the MiCA Regulation (Regulation (EU) 2023/1114 of the European Parliament and of the Council of May 31, 2023 on cryptocurrency markets and amending Regulations (EU) No. 1093/2010 and (EU) No. 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937). Any disputes arising from these Terms shall be resolved by the competent Polish courts, unless otherwise provided by applicable law.
If you have any questions or need assistance, you can contact us through the various channels available at Bitcoin ATM.com/contact.
You can contact us in the following languages:
We respond in the same language in which we received the message, unless we agree otherwise.
If you have any questions about our ATMs or the services we provide, please contact customer service by email, phone, or other means at Bitcoin ATM.com/contact.
