Terms of Service

General Information

Prior to obtaining access to the Ponto Application application, please read the following information carefully and ensure that you understand each provision. By accessing our site, you confirm that you have read and understood these Terms of Service and you agree to be bound by them (see more detailed information below). These Terms of Service comprise an agreement between the end-user (either 'the seller' - the seller of crypto assets or 'the buyer' - the buyer of crypto, depending on its role in the particular trade transaction) and Ponto. Please note that with respect to certain payment methods Ponto will be the buyer or seller of the crypto.

If you are unable to comply with terms or policies of Ponto Application, please do not use our application. Failure to comply with this directive may result in a violation of the applicable laws or regulations. When in doubt, you can always contact us at: support@withponto.com

Please also note that by accepting these Terms of Service you give us your express consent to begin supply of the digital content and our services to you before the end of the 14-day period, you waive your right to cancel that you may have under the applicable regulations (if you are a consumer) and you acknowledge that said right to cancel will be lost.

These Terms of Service consist of 4 documents:

  1. User Agreement - a document that describes the relations between users (both the Seller and the Buyer) and Ponto acting as application provider, buyer, and seller where applicable;
  2. Terms and Conditions - a document that describes the relations between the Seller and the Buyer, and once the Offer is accepted - becomes the Sale and Purchase Agreement;
  3. Privacy Policy - a document that describes Ponto's policy relating to data, including personal data;
  4. Customer Support and Complaints Handling Policy - a document that describes Ponto's procedure with respect to complaints and treating clients.

User Agreement

  1. Ponto - who we are
    1. This Ponto Application ('Ponto Application') is offered to you by Ponto Software, Inc. (a Delaware corporation), with its registered office at 548 Market St PMB 26912 San Francisco, CA 94104 USA (‘Ponto’).
    2. For more information on Ponto, please see our website: https://withponto.com
  2. Registration and logging in
    1. Registration and logging in to Ponto Application is possible via the following website: https://withponto.com Please note that depending on the payment method the buyer might be purchasing cryptocurrencies directly from Ponto (in such situations Ponto will act as seller) or a third party user. As per payment method: In case of card payments - Ponto will always be the seller, In case of manual bank transfers - Ponto will always be the seller, In case of open banking payments - the seller will be third party or Ponto, depending on multiple factors, including price, liquidity and compliance requirements.
    2. In order for the buyer to register or log in to Ponto Application, such buyer needs to provide information required by Ponto Application, including email or phone number. You guarantee to use only one account (one e-mail address) of your own and promise not to use or access any other person's or entity's account or impersonate any other person or entity at any time or assist others in gaining unauthorised access to Ponto Application. If Ponto identifies that a person or entity is using multiple accounts, e-mails, or phone numbers, it may block such user and suspend provision of services to such user.
    3. Registration of the buyer or seller may require meeting additional requirements, as well as dedicated know-your-customer check.
    4. We may also require additional information from you to comply with our Anti-Money Laundering (AML) obligations. The information required may vary according to various risk factors that Ponto takes into account while establishing a relation with a user and in the course of further transactions. Providing us with relevant information is necessary in order to be able to use Ponto Application. We may refuse to provide you with Ponto Application services at our own discretion based on the results of the AML checks and we are not obliged to disclose to the user the results of the checks.
    5. At all times Ponto may request further information where it's necessary, including in the event of any suspicious activity related to the user or any transaction, including ID and authenticating documents, and may freeze any transactions that are pending during the review. Ponto may refuse to carry out or intermediate in carrying out transactions that it considers suspicious, which Ponto will determine at its sole discretion.
  3. Ponto Application - overview
    1. Ponto Application allows its users to trade supported digital assets (such as tokens or cryptocurrencies) for fiat money, with an option to be powered by smart contracts. Ponto provides a means of communication and the technology to allow instant exchange between the buyer and the seller without the use of an intermediary. Ponto may also act as a buyer or seller of digital assets, in particular when it is necessary to ensure liquidity in the Ponto Application (see section 2 above).
    2. Parties taking part in trade facilitated by Ponto Application are the seller (the seller - a party who sells crypto for fiat money) and the buyer (the buyer - a party who buys crypto for fiat money).
    3. Ponto Application also facilitates the discovery of the offers by allowing sellers to create liquidity pool smart contracts and later matching buyers to them. Initial communication of interest by the buyer with respect to the particular trade is called 'claiming the offer' and leads to transfer of crypto assets from the liquidity pool smart contract to the escrow smart contract. Crypto assets held in the escrow smart contract are locked until the buyer has paid the purchase price or, in the case when purchase price has not been correctly paid in due time, until they are returned to the liquidity pool smart contract.
    4. In order to provide service via Ponto Application, Ponto obtains account information from both sides of the trade on the basis of their respective consents. In order to do that, Ponto may, depending of the chosen payment method, cooperate with chosen third parties, acting as account information service providers (AISPs) who are regulated entities under the Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market.
    5. If smart contract is used, the respective account information is later used by our oracle (a computer program - an element of Ponto Application application that can monitor accounts, as well as detect, track, identify and store certain information, such as particular account data) in order to release crypto assets from the smart contract to the buyer in the event of confirming that the purchase price has been credited to the seller's bank account.
    6. Ponto automatically verifies (via its computer system):
      1. the correct deployment of the seller's liquidity pool smart contract and the escrow smart contract;
      2. the connection between the liquidity pool smart contract and the escrow smart contract;
      3. The deposits/withdrawals of funds to and from liquidity pool smart contract by the seller
      4. The stops/resumes of the liquidity pool smart contract by the seller
      5. the signal of interest made by the buyer (i.e. claiming the offer);
      6. the execution of a payment order by the buyer to pay the purchase price to the seller's bank account (if possible, based on the information obtained from an AISP selected by the user); and
      7. the successful payment of the purchase price by the buyer to the seller via bank transfer .
    7. Ponto is also responsible for passing the payment information acquired from the seller to the buyer, so that the latter can correctly make the payment order (i.e. the buyer needs certain information, such as the seller's account number and/or sort code, in order to successfully credit the purchase price to the seller's bank account). Ponto is not responsible for any inaccuracy in the data provided by any party of the transaction.
    8. Ponto Application will present the buyer's blockchain address based on information obtained either from the buyer or the host application you used to launch the widget. The buyer is obliged to verify whether such blockchain address that has been disclosed in the application is the correct one. The buyer is obligated to provide a crypto currency address that is owned by the buyer and is under full control and authorisation of the buyer, to which cryptosssets will be transferred. The buyer represents that the crypto asset address is solely under the buyer's control.
    9. In most cases, the payment for acquired crypto assets (purchase price) will leave the buyer's account immediately and will be available in the recipient bank within a few hours at the latest. However, if you are making a payment after 6.00 pm (relevant time), on a weekend, or a Bank holiday, the payment will usually be available in the recipient bank account the next day. For detailed information please check terms of service of your bank. Please note that we base on information acquired from bank accounts, which means that time of settlement may vary from minutes to a few hours and, in extreme cases - to more than a day. The time of settlement may also differ depending on the method of payment you use.
    10. The service within Ponto Application is considered rendered by Ponto if the following occurs:
      1. Ponto receives the request from the Buyer to initiate a Transaction.
      2. Ponto initiates the release of crypto assets to the crypto currency address indicated by the Buyer. You confirm that you understand that due to the nature of crypto currency addresses, it is not possible to get a refund or re-enter a different address once a Transaction is initiated and you are solely responsible to introduce a correct address.
      3. Ponto verifies that a payment in fiat for crypto assets has been initiated by the Buyer.
    11. Ponto Application and the services that we provide under it are digital in nature. Therefore, both the features and the risks connected to digital businesses will apply accordingly to Ponto Application and its users. This means, in particular, that:
      1. certain software and hardware qualities may be required in order to properly sign in to and use Ponto Application; and
      2. Pontos Application may potentially be subject to cyberattacks.
    12. Trades are usually settled using blockchain (for the transfer of crypto assets; for more information on blockchain see this site) and online payment systems (for the transfer of cash). Ponto does not provide a settlement platform on its own and is not liable for any errors or delays in functioning of settlement systems. The user is also obligated to check whether a transfer of crypto assets may be successfully effectuated to the crypto currency address that it indicated to Ponto (some wallet providers may impose limits to that respect, which may result in the crypto currency being released by Ponto but not accepted to the crypto currency wallet, for which Ponto will not be liable and in such a case the service will be considered rendered).
    13. You agree to the transfer of your data to the other party of the trade to the extent necessary in order to provide service under Ponto Application. In particular, acting as the seller of crypto assets, you agree to provide your account information (including account number and full name) to the potential buyer. If you act as the buyer, you agree to provide information on the trade made in the payment system (i.e. making a transfer order) to the seller.
    14. Unless expressed otherwise or inadmissible by law, all documents and contractual rights and obligations arising in relation to Ponto Application are governed by Polish law and subject to the jurisdiction of Polish courts.
    15. The information provided on Ponto Application does not constitute any sort of advice, and you should not treat any of the site's content as such.
    16. Ponto is not directly affiliated with or responsible for any cryptocurrency, token, or other digital asset and cannot be held liable with respect to either the price or features of such assets or your losses of them. Trading in and/or exchanging digital assets may involve risk. Ponto does not recommend that any asset be bought, sold, or held by you. Do conduct your own due diligence and consult your financial advisor before making any investment decisions.
    17. Blockchain transactions are irreversible, and any information stored in blockchain will remain there, with no possibility of deleting or withdrawing it. Your blockchain address and certain data will be displayed permanently and publicly. You agree to relinquish any right of rectification or to the erasure of personal data, which is not possible on the blockchain.
    18. In a case that the user does not pass the necessary checks (CDD - Customer Due Diligence for AML Purposes), but has already initiated the transfer of the money, the money will be returned to them.
    19. You are not allowed to copy any part of the application or its code without our prior consent.
    20. Our smart contract code, if marked as open-sourced can be used in accordance with the following expat license: Copyright © 2021 Ponto Software, Inc. All rights reserved.Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the 'Software'), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.THE SOFTWARE IS PROVIDED 'AS IS', WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
  4. Ponto Application - technical considerations
    1. Detailed requirements, terms and conditions relating to the offer of crypto assets (made by the seller) and its acceptance (by the buyer), as well as legal relation between the seller and the buyer can be found in the Terms and Conditions section of this document.
    2. Ponto does not provide an order book, but it aggregates the information about Sellers and their liquidity pool smart contracts and connects Buyers with particular liquidity pools holding crypto assets offered by the Sellers.
    3. Ponto Application is provided on as-is basis. We do not guarantee an error-free process. Every effort is made to keep the website up and running smoothly. However, Ponto takes no responsibility for, and will not be liable for, the website becoming temporarily unavailable, especially due to technical issues beyond our control, nor will we accept any responsibility for money or tokens being lost because of transactions working improperly or a systems failure. Additionally, we accept no responsibility for and cannot guarantee the reliability of either payment services provider that a user chooses in order to use Ponto Application.
    4. You are prohibited from interacting with Ponto Application in cases where your jurisdiction disallows our exclusions of liability or applies mandatory laws overriding the Terms of Service or any of its provisions.
    5. Our service is provided with respect to the current trade. The same multi-escrow smart contract deployed by Ponto may be available to users for numerous trades. Each new trade will require the end user to observe and verify whether the Terms of Service and accompanying documents have been updated. Please also observe and check any information, messages or content made available to you on Ponto Application website.
    6. Limits on trades Trades on Ponto Application maybe subject to certain limits (minimum and maximum). Ponto may set such limits at its own discretion and change them from time to time.
  5. Fees and Expenses
    1. Fees
      1. Ponto Application involves two types of fees paid by its users:
        1. seller fee (as agreed between Ponto and the particular seller in separate agreement);
        2. Ponto fee;
      2. Both the seller fee and the Ponto fee will be included in the purchase price for crypto assets disclosed to the buyer in Ponto Application. If Ponto is the seller, both types of fees will be transferred to Ponto.
      3. Certain transaction fees may be charged by other service providers, including your account servicing payment services provider.
      4. Different sellers might have defined different fees.
      5. If the trade failed or expired due to lack of payment by the buyer (Ponto is entitled to set expiry period at its own discretion) and the crypto assets were credited back to the liquidity pool smart contract no fee is charged.
      6. Fees concerning particular trade cannot be changed after the offer has already been claimed; however, Ponto retains right to change rules regarding fees in the future.
    2. Other Costs
      1. Apart from the fees mentioned above, trades may require covering other costs (network fees) connected to the correct settlement of trades via blockchain.
      2. Please also note that transactions (and certain operations connected to them) will be recorded on blockchain and will require the so-called 'gas' (i.e. dedicated amount of crypto currency comprising the cost of running operations on the blockchain) to be saved in the chain of blocks.
      3. The seller may be required by Ponto, at its own discretion, to cover the cost of 'gas', including:
        1. the costs of deploying a liquidity pool smart contract; and
        2. the cost of manual release of crypto assets back to the seller's crypto currency address due to the lapse of the lock-up period without payment of the purchase price by the buyer.
      4. Other operations involving blockchain may also involve the cost of 'gas'.
      5. Amount of 'gas' paid or types of transactions or activities that require 'gas' may vary. You can find more information about 'gas' on this website.
  6. Restrictions
    1. Pontos Application may not be used by certain categories of people or entities as per the below.
    2. By accessing our application, you confirm the following:
      1. your jurisdiction allows you to use Ponto Application and you are a citizen or a resident of (including tax residency), and are currently located in, the Philippines;
      2. you are neither on any of the U.S. Treasury Department's Office of Foreign Asset Control's sanctions lists, the U.S. Commerce Department's Consolidated Screening List; the EU consolidated list of persons, groups or entities subject to EU financial sanctions, nor do you act on behalf of a person sanctioned thereunder or a U.S.-, EU- or UN-sanctioned state, nor are you or do you act on behalf of a person sanctioned by any other international body or organisation;
      3. you will not be using Ponto Application to trade or exchange tokens or other digital assets that are either regulated securities, derivatives or financial instruments or proceeds of criminal or fraudulent activity, and you are aware that any use of such assets may be an infringement of the Terms of Service and applicable laws or regulations;
      4. you are entitled to manage and operate the online account that is used to connect with Ponto Application and that no other person can access or use it on your behalf;
      5. you are not using any automated system to access Ponto Application in a manner that sends more request messages to Ponto Application servers than a human can reasonably produce in the same period by using a conventional online web browser;
      6. you meet the functionality and compatibility requirements mentioned in paragraph 8 below;
      7. you give us your express consent to begin supply of the digital content and our services to you before the end of the 14-day period, you waive your right to cancel that you may have under the applicable regulations (if you are a consumer) and you acknowledge that said right to cancel will be lost; and
      8. you are over 18 years old.
  7. Functionality, compatibility and technical protection
    1. Ponto Application operates on all internet connected devices via API function and on EF6 compliant browsers via webview.
    2. In order to properly sign in to and use Ponto Application, the system used by the user must be properly supported by the browser on which Ponto Application operates.
    3. Supported workstations may include any workstation that can properly run the internet browsers supported by Ponto Application.
    4. Due to technical reasons, Ponto Application can only be used in connection with certain methods of fiat money payment orders; other means of payment may not be recognized by our systems. Ponto works on adding new methods of payment. However, we do not guarantee the availability of all of methods at all times or the availability of all payment providers. You will be informed about payment methods available to you in Ponto Application panel once you provide us with information on your location or where your payment provider is registered. We also bear no responsibility over the processing done by payment providers.
    5. Ponto intents to develop the list of digital assets supported by Ponto Application. All available assets will be displayed to you once you visit Ponto Application. Ponto cannot, however, guarantee availability of each digital asset in every jurisdiction nor liquidity of each and all digital assets at all times.
    6. In extreme cases (e.g. suspicion of fraud or whenever we are required to do so by law), we may suspend access to Ponto Application with respect to particular crypto currency addresses, bank account, payment card or a particular person.
  8. Security
    1. We use industry-standard encryption methods to ensure the security of your data in accordance with applicable laws and regulations, but we cannot guarantee the full security of any data transmitted to payment services providers or Ponto. We take reasonable precautions to ensure that your data is not lost, misused, accessed, disclosed, altered or destroyed. If you have reason to believe that your personal data is no longer secure please contact us immediately at support@withponto.com.
    2. You are solely responsible for safekeeping your wallet and private information, including your private key, and you recognise and agree to use Ponto Application at your own risk.
    3. Ponto Application will never ask you to provide your payment account password.
    4. You should ensure that your computer is free from and shall not introduce into the Ponto Application application any malicious software. Prior to using our application, you are required to install up-to-date, industry-standard and comprehensive anti-virus software to seek to prevent the introduction of any malicious software into Ponto Application.
  9. Updates and Amendments
    1. The User Agreement (and other documents comprising the Terms of Service) may be regularly reviewed and updated as required. Each document comprising the Terms of Service will include information on when it was last reviewed. Please observe what version of the Terms of Service applies to you before you enter into any transaction using Ponto Application.
    2. With respect to any particular trade, a user (either seller or buyer) will be bound by the Terms of Service that applied on the date of creation of an offer (i.e. transfer of crypto assets to the smart contract address).
    3. We may, without prior notice and liability, and for any reason:
      1. change the Terms of Service or any other documents relating to Ponto Application or any features or elements of Ponto Application (including technical);
      2. stop providing Ponto Application or any of its features to you or to users in general;
      3. manually modify or change status of the smart contract (including switching it off), if necessary;
      4. create usage limits for Ponto Application; or
      5. permanently or temporarily terminate or suspend your access to Ponto Application.
    4. In particular, we may terminate or suspend your access to Ponto Application if you, acting as a buyer, claimed a number of offers and despite communicating interest have not paid the purchase price with regards to the respective trades.
    5. Unless a representation, which may be subject to change without notice from time to time, is expressed to be given at a specific date, each representation is deemed to be repeated by you each time you access Ponto Application. When a representation is repeated, it is applied to the circumstances existing at the time of repetition. You accept that Ponto does not hold an obligation to verify your status with respect to your representations or obligations under the Terms of Service.
    6. This document was adopted on 28 March 2021.
  10. Liability
    1. Ponto shall not be liable in any way to you or to any other person for the truthfulness, completeness, reliability and accuracy of account information or any other information or data it receives from third parties, including you and your payment service providers. We shall not be required to make any investigation into and shall be entitled in good faith without incurring any liability to assume (without requesting evidence thereof) the validity, authenticity and veracity of any documents, information, declarations or notices received with respect to providing services under Ponto Application. In this respect, we fully rely on the data providers involved and are not obliged to independently verify the information we receive.
    2. Ponto shall not be liable in any way to you or any other person with respect to any claim arising in relation to these Terms of Service, save in the case of grossly negligent actions or omissions. Ponto will under no circumstances be liable to you for indirect punitive or consequential loss of any kind whatsoever (including but not limited to loss of profits, business, goodwill or opportunity), whether or not foreseeable, even if advised of the possibility of such loss or damage and regardless of the form of action.
  11. Customer Support
    1. If you have any questions, require further information and/or would like to file a complaint, please refer to the Customer Support and Complaints Handling Policy, where you will find our detailed customer support procedures
  12. Indemnification
    1. You will indemnify and hold harmless Ponto (including its officers, employees and/or agents) and/or any parties taking part in the transaction against any claims, actions, and/or costs that arise out of or in connection with either you breaching the Terms of Service or bearing the costs of any transaction or operation (e.g. cost of 'gas') undertaken under Ponto Application, to the fullest extent permitted by law.
    2. The indemnities provided for in this Clause shall survive the termination of the Terms of Service, and we (and our officers, employees and agents) shall retain the benefit of Clause 12.1 above, notwithstanding the resignation or replacement of our officers, employees and agents.
  13. Severability
    1. Without prejudice to any other provision hereof, if one or more provisions hereof is or becomes invalid, illegal or unenforceable for any reason, in any jurisdiction or with respect to any party, such invalidity, illegality or unenforceability in such jurisdiction or with respect to such party or parties shall not, to the fullest extent permitted by applicable law, render invalid, illegal or unenforceable such provision or provisions in any other jurisdiction or with respect to any other party or parties hereto. Such invalid, illegal or unenforceable provisions shall be replaced by the parties with a provision which comes as close as reasonably possible to the commercial intentions of the invalid, illegal or unenforceable provision - in particular, by publishing new Terms of Service by Ponto.
    2. For the avoidance of doubt and without affecting the generality of the foregoing, it is hereby agreed that any invalidity, illegality or unenforceability of any other document regulating the bilateral rights and obligations of the parties (including the Privacy Policy) or any amendment thereto, in any jurisdiction or with respect to any party or parties, shall not affect the validity, legality or enforceability of the Terms of Service in any jurisdiction and with respect to any party.
  14. Entire Agreement
    1. Terms of Service, including this User Agreement, constitutes a complete and exclusive agreement between you and Ponto. As of the date of their execution, they supersede and terminate all prior agreements, arrangements, terms, policies and/or understandings between you and Ponto in relation to Ponto Application, save for other terms of policies (including the Privacy Policy) still in force according to our website and the Terms of Service.
    2. In the event of inconsistency or discrepancy between the Terms of Service and any other document accompanying it, the Terms of Service shall prevail.
  15. Termination and suspension of services
    1. Prior to claiming the offer any of the parties can terminate a transaction (i.e. such trade) and resign at any moment.
    2. Prior to the moment of activation of the lock-up period (which follows claiming the offer by the buyer) the seller can withdraw from the trade by withdrawing funds from the liquidity pool smart contract or stopping it (which also means that the respective offer ceases to exist). The buyer can resign at any moment prior to ordering a bank transfer, simply by not doing anything. Detailed procedure regarding claiming the offer can be found in the Terms and Conditions of Offer section of this document. Moreover, you can always contact us at: support@withponto.com.
    3. You accept that following the activation of the lock-up period (in case of the seller) or following ordering of the bank bank transfer (in the case of the buyer) you will not be able to refrain from entering into that particular trade and the trade will proceed automatically, using the smart contract that has been provided to you. You understand and accept that due to the nature of crypto assets addresses, it is not possible to get a refund, re-enter a different address or amend transaction details once a transaction is initiated.
    4. The user is obligated to notify Ponto immediately of any unauthorised use of his account, e-mail address, payment account, or any other breach of security by email to support@withponto.com. Any user who violates these rules may be terminated and hereafter held liable for losses incurred by Ponto or another user.
    5. At any time, Ponto, subject to its sole discretion is entitled to terminate user's access to Ponto Application, including Ponto right to:
      1. refuse processing, to cancel and reverse any transaction, regardless if corresponding funds have been debited from your payment method;
      2. suspend, restrict or terminate a Ponto Application user. Upon any suspension, termination or cancellation of a transaction, Ponto is under no obligation to allow the user to reinstate such a transaction and may not provide the user the same price or same terms as any cancelled transaction.
  16. Governing Law and jurisdiction
    1. The Terms of Service, and all non-contractual obligations arising out of or in connection with them, shall be governed by Polish law, except where other governing law applies due to applicable overriding mandatory provisions of law. In the case of English law being applicable without a possibility of derogation, no person shall have any right to enforce any provision of the Terms of Service under the Contracts (Rights of Third Parties) Act 1999.
    2. Common courts in Poland applicable for the seat of Ponto shall have non-exclusive jurisdiction for the settlement of any dispute arising out of or in connection with the Terms of Service, except where other jurisdiction applies due to applicable overriding mandatory provisions of law.

Terms and Conditions

  1. General
    1. Upon signing in to the Ponto Application, and in the case of the Seller (as defined below) entering into the market making agreement (the 'Market Making Agreement'),
      1. the seller (the 'Seller', in the Market Making Agreement referred to as the 'Market Maker') - a party who intends to sell crypto assets supported by the Ponto Application (the 'Crypto Assets') for fiat money supported by the Ponto Application (the 'Fiat') (i.e. sell Crypto Assets); and
      2. the buyer (the 'Buyer') - a party who intends to buy Crypto Assets for Fiat (i.e. buy Crypto Assets) agree to be bound by these terms and conditions (the 'Terms and Conditions').
    2. The Seller and the Buyer shall be together referred to as the 'Parties', each a 'Party'.
    3. The definitive exchange of Crypto Assets to Fiat (that results in the sale and purchase of Crypto Assets by way of transaction concluded directly between the Seller and the Buyer) by way of acceptance of the Offer (as defined below) by the Buyer in accordance with these Terms and Conditions (the 'Trade') takes place peer-to-peer between the Seller and the Buyer.
    4. The Seller and the Buyer hereby agree to:
      1. facilitate the Offer (as defined below) and its acceptance through the Ponto Application escrow smart contract (or contracts) located at dedicated crypto currency addresses used for holding Crypto Assets for the purpose of the Offer that will be indicated by Ponto, either in the application or email, and may be changed from time to time (each, the 'Escrow Smart Contract'); and
      2. make a reasonable effort to comply with all of the applicable laws, regulations and requirements, including those related to consumer protection (if the other counterparty is a consumer); additionally, both Parties confirm that it is their sole responsibility to ensure such compliance when dealing with the other Party.
    5. In determining the suitability of the Escrow Smart Contract for the Offer and the Trade, the Parties agree to make all inspections of the relevant source code as the Parties deem necessary and/or advisable. Corresponding byte code of the Escrow Smart Contract is saved on blockchain under addresses from point 1.4 (a). Parties can verify equivalence of plain and bytecode form, through one way compilation of source code to bytecode via solidity compiler.
  2. Offer
    1. The Seller intends and agrees to, pursuant to these Terms and Conditions:
      1. deploy the smart contract that will be holding Crypto Assets for the purpose of the Offer, using dedicated application belonging to Ponto Application (the 'Liquidity Pool Smart Contract');
      2. offer to sell, convey, transfer and assign to the Buyers, free and clear of all liens, charges, encumbrances, debts, obligations and liabilities whatsoever, all of the Seller's right, title and interest in and to the Crypto Assets, in exchange for the consideration expressed in Fiat (chosen by the Seller among the available currencies listed in the Terms of Service) (the 'Purchase Price') set out in the Escrow Smart Contract (the 'Offer');
      3. allow for the automatic transfer of the Crypto Assets from the Liquidity Pool Smart Contract to the Escrow Smart Contract (see Clause 3.2 below) until their discharge (either by way of Release or Return); and
      4. cover the costs and expenses, as referred to in paragraph 7 below.
    2. Parties provide the Ponto Application application with the following data:
      1. the Seller's Liquidity Pool Smart Contract address - to be provided by the Seller;
      2. the Buyer's crypto currency address - to be provided by the Buyer;
      3. the Seller's online bank account, to which the Purchase Price should be paid - to be provided by the Seller;
      4. the type and amount of the Crypto Assets - to be provided by the Seller; and
      5. the Purchase Price - to be provided by the Seller.
    3. Elements of the Offer mentioned in points 2.2 will be coalesced and hashed, and the output of the hash function (the 'Hash') is going to be publicly available on blockchain.
    4. The Seller represents and confirms that it has full title to the Crypto Assets and that the Crypto Assets are transferable, free and clear of all liens, charges, encumbrances, debts, obligations and liabilities.
    5. Both Parties agree and represent to the other counterparty that they:
      1. give express consent to:
        1. begin supply of the digital content to the representing Party before the end of the 14-day period; and
        2. waive their right to cancel that they may have under the applicable regulations (concerns consumers); and
      2. acknowledge that the right to cancel that may apply pursuant to the respective regulation will be lost.
  3. Claiming the Offer
    1. In order to be able to accept the Offer, the Buyer needs to claim it (communicate interest) to the Ponto Application system using the Ponto Application UI.
    2. Claiming the Offer is carried out is as follows:
      1. a Buyer is interested in entering into the Trade for the purpose of acquiring particular number of Crypto Assets for the Purchase Price;
      2. said Crypto Assets are held in particular Seller's Liquidity Pool Smart Contract and thus are subject to the Offer;
      3. the Buyer claims the Offer in Ponto Application application, in accordance with the Terms and Conditions;
      4. The Oracle belonging to Ponto Application application automatically transfers the required number of Crypto Assets (including relevant fee, if applicable) from the Liquidity Pool Smart Contract to the Escrow Smart Contract and locks them in;
      5. once the Crypto Assets are locked in the Escrow Smart Contract, the Offer becomes binding for the Seller and irrevocable until the Return is possible;
      6. now the Buyer has to pay the Purchase Price to the Seller's bank account within the given timeframe; and
      7. once the Purchase Price has been credited from the Buyer's bank account to the Seller's bank account, the Offer is accepted and properly settled and thus form the Trade, legally valid, irreversible and binding for both Parties.
    3. The Offer can be claimed by the Buyer to the Ponto Application system using the Ponto Application. Ponto Application system will recognise the Offer on-chain, pull the funds (Crypto Assets) from the Liquidity Pool Smart Contract to the Escrow Smart Contract and lock them before the bank transfer lands or timeout occurs.
  4. Escrow
    1. Once the Buyer claim the Offer, Ponto Application Oracle will pull the Crypto Assets from the Liquidity Pool Smart Contract into the Escrow Smart Contract. Crypto Assets held in the Escrow Smart Contract will become locked for a number of days dedicated for particular offer absolute time, starting from the moment the Offer is claimed with respect to the blockchain's blocktime (the 'Lock-up Period').
    2. Duration of the Lock-up Period is determined in Ponto Application application and may last from 1 to 30 days, depending on expected bank settlement time.
    3. This lock-up may not be discharged in any other way than by way of Release or Return. The discharge of the Crypto Assets from the Escrow Smart Contract can take place either due to:
      1. payment of the Purchase Price by the Buyer, in which case the Ponto Oracle will call a function releasing the funds minus Ponto fee to the Buyer's crypto currency address; or
      2. only in extraordinary occasions - manual discharge of the Crypto Assets to the Buyer's crypto currency address which is triggered by the Seller (manually, but it may require contacting Ponto in order for instructions),
      3. (each the 'Release'); or the lapse of the Lock-up Period without the payment of the Purchase Price by the Buyer, in which case the Crypto Assets can be returned back to the Seller's crypto currency address (Ponto Oracle will try to return the funds automatically, but in some cases - Seller's manual action is required to trigger the return; also, it involves payment of dedicated amount of 'gas') (the 'Return').
    4. The proper Release, pursuant to the payment of the Purchase Price by the Buyer (see 4.2 (a) above), is possible only if both the Seller and the Buyer give and maintain consent for the chosen account information service provider (AISP) to obtain account information if use of AISP is required by Ponto, allowing the Ponto Application oracle to subsequently verify whether the Purchase Price has been credited to the Seller's bank account. Revocation by any of the Parties of either:
      1. consent for AISP to obtain account information from the respective Party's bank account; or
      2. consent to provide account information to Ponto Software, Inc. may result in failure to properly trigger the Release.
  5. Acceptance of the Offer
    1. The Offer can only be accepted by the Buyer by crediting the Purchase Price to the Seller's bank account in the form ascribed by these Terms and Conditions. There is no other way to accept the Offer. Accepted Offer will form a binding sale and purchase contract between the Parties. Payment of the Purchase Price by the Buyer to the Seller's bank account will either take place manually, or be facilitated using PISP (payment initiation service provider) model (in which case a third party will, pursuant to the consent of the Buyer, instruct the bank of the Buyer to execute a money transfer). In the latter case, the Offer will be accepted and binding once the Buyer grants PISP correct credentials to initiate payment of the Purchase Price.
    2. Upon claiming the Offer via the Ponto Application application, the Buyer shall promptly pay the Purchase Price by online bank transfer or using a card payment (different forms of payment may be available through Ponto Application, not all of them have to be available for particular Buyer) to the Seller's online bank account as disclosed by the Ponto Application application. Both the Seller and the Buyer need to use an online bank account maintained by a bank supported by the Ponto Application application (see Terms of Service).
    3. Apart from the above, the bank transfer shall meet the following requirements:
      1. the price paid needs to be exactly equal to the Purchase Price;
      2. the reference title of the bank transfer needs to be identical to the reference token provided by Ponto Application application; and
      3. the bank transfer needs to be completed until the lapse of the Lock-up Period.
    4. Failure to meet any of the requirements mentioned above may result in the Offer not being settled properly. In particular, the following may happen:
      1. Not making a payment in due time: Once the Lock-up Period expires, the Escrow Smart Contract will not automatically release the Crypto Assets, even if the Purchase Price has been paid by the Buyer; then the Seller will be able to trigger the Return;
      2. Not using the correct reference token: The Ponto Application may be unable to confirm that the Purchase Price has been paid correctly, for example when the Buyer has typed an incorrect sequence of digits and/or letters in the reference code; in this case, if the Lock-up Period expires, the Escrow Smart Contract will Return the Crypto Assets to the Seller (on demand), despite the fact that the Purchase Price has been paid by the Buyer;
      3. Not paying the correct amount corresponding to the Purchase Price: The Ponto Application may be unable to confirm that the Purchase Price has been paid correctly; in this case, if the Lock-up Period expires, the Escrow Smart Contract will Return the Crypto Assets to the Seller (on demand), despite the fact that the Purchase Price has been paid by the Buyer; note that this may also apply to a situation in which the amount paid by the Buyer to the Seller exceeds the Purchase Price.
    5. Both Parties agree to resolve any disputes arising due to or in relation with this Offer amicably and in good faith. In particular, if any amounts have been transferred from the Buyer to the Seller, but the Offer has not been settled properly and the Buyer has not obtained the Crypto Assets, the Seller will make a reasonable effort to either transfer Crypto Assets to the Buyer (provided that the Purchase Price has been paid) or return the amount of cash received to the Buyer. The Parties shall be aware that, due to the nature of the Escrow Smart Contract and the Trade, it may be difficult to take a proper legal action in some cases.
    6. These Terms and Conditions do not comprise a binding sale and purchase agreement between the Seller and the Buyer until the Purchase Price is paid by the Buyer in accordance with these Terms and Conditions. The Buyer is not legally obliged to make a payment once the Offer is claimed, and the Seller accepts the Buyer's right to withdraw from the claimed Offer without any consequences.
    7. Following the crediting of the Purchase Price to the Seller's bank account (constituting the acceptance), the Seller is unable to revoke acceptance of the Offer.
  6. Settlement
    1. Provided that all conditions and requirements have been met, the Trade will be settled in the following manner:
      1. the online bank transfer is settled between the banks of the Buyer and the Seller in the online banking system, resulting - in the case of successful payment - in the crediting of the Seller's account with the Purchase Price (paid by the Buyer); and
      2. promptly afterwards, (a) as soon as the oracle associated with the Ponto Application identifies that the Purchase Price has been paid- the Crypto Assets will be transferred via the blockchain from the Escrow Smart Contract to the Buyer's crypto currency address.
    2. As described above, the settlement of funds (both in terms of Fiat and Crypto Assets) will take place outside of the Ponto Application system.
  7. Cost and Expenses
    1. The Seller will bear the cost of the so-called 'gas'. Gas represents the costs of running operations on the blockchain, required in order to deposit or withdraw the funds to the Liquidity Pool Smart Contract and settle the Trade.
    2. In particular, the Seller will bear the following costs:
      1. the cost of deploying the Liquidity Pool Smart Contract; and
      2. the cost of deposits to and withdrawals from the Liquidity Pool Smart Contract; and
      3. the cost of stopping and restarting the Liquidity Pool Smart Contract; and
      4. the cost of Release; and
      5. the cost of Return.
    3. Obligation to cover costs and expenses mentioned above does not depend on the acceptance of the Offer (or lack thereof) by the Buyer. The Buyer does not assume any responsibility with respect to costs incurred by the Seller and will not be liable towards the Seller for the amount of 'gas' paid.
    4. Amount of 'gas' used up may vary.
  8. Sale and Purchase Agreement
    1. Once the Offer is effectively accepted and settled, thus forming the Trade, the Terms and Conditions will form a binding sale and purchase agreement (the 'SPA'), referring to the sale of Crypto Assets by the Seller for the Purchase Price paid by the Buyer.
    2. The SPA is governed by USA commerce law. See relevant regulator department for further reference
  9. Terms of ServiceThe provisions of other documents comprising the Terms of Service (including, but not limited to, the User Agreement) apply accordingly to these Terms and Conditions.

Privacy Policy

  1. Ponto Application - overview of information policy
    1. Depending on the chosen method of payment, to use Ponto Application, you may need to provide the same identifying information that you use to access the relevant payment accounts as when you log into them yourself. This may include performing strong customer authentication (in particular, two-factor authentication), both when you provide either us or AISP (account information service providers) with initial credentials and each time we or AISP obtain access to your account information.
    2. Ponto will strive to ensure the accuracy of the information presented in the Ponto Application, although it will not hold any responsibility for any missing or wrong information. You are using any and all information available there at your own risk. Also, you should check the data privacy rules of your internet provider and payment services provider.
  2. Authorisation and cooperationIn order to provide services under Ponto Application, where appropriate Ponto cooperates with chosen AISPs, who may obtain your account information as regulated entities - account information service providers. However, they act as data controllers.
  3. Cookies
    1. By accessing Ponto Application, you confirm that you have read and understood the Privacy Policy and agree to the storing of cookies on your device in order to enhance navigation of Ponto Application and analyse site usage and traffic. You can block cookies by activating the setting on your browser that allows you to refuse some or all cookies. If you use your browser settings to block all cookies, however (including cookies essential for the provision of services under Ponto Application), you may not be able to access all or parts of our site.
    2. We may use cookies for the following:
      1. Analyse our web traffic using an analytics package
      2. Identify whether you already visited our website
      3. Test content on our website
      4. Store information about your preferences
      5. To recognise when you return to our website
      6. Our website may use a 'load balancer' to store an identifier on your browser to help keep you connected to the same web server throughout your visit (for a smoother browsing experience). Similarly, session cookies enable our individual web servers to keep track of your progress throughout your visit
      7. When you submit data through a form such as a contact page or comment box, cookies may be set to remember your user details for future correspondence
      8. In some cases, we may provide you with custom content based on what you tell us about yourself. These types of cookies simply allow us to provide you with content that we feel may be of interest to you
    3. We use the following third-party cookies:
      1. Google Analytics - website traffic tracking and user targeting. It helps us to analyze how you use our site;
      2. Crisp - built-in online chat for customer support. It helps us communicate with you; and
      3. Cloudfare - to keep the connection stable and to identify spammers.
    4. You can specify or change the acceptance or denial of cookies in your browser settings.
    5. If you want to exercise your rights regarding cookies, we may ask you to provide additional identification information.
    6. The information generated by the cookies will be transferred to Google, and The Crisp and Cloudflare in the above-mentioned scope. Therefore, we would like to inform you that detailed information on the use of cookies by these entities can be found at: https://support.google.com/analytics/answer/6004245?hl=pl https://crisp.chat/en/privacy/ https://support.cloudflare.com/hc/en-us/articles/200170156-Understanding-the-Cloudflare-Cookies
  4. Personal Data Protection
    1. Applicable Regulation - the GDPR
      1. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the 'GDPR') has been in effect since 25 May 2018.
      2. You can review it here in order to check the rights it grants you with respect to the processing of your personal data: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0679
    2. Data Controllers The controller of your personal data is Ponto Software, Inc. - a Delaware corporation, with its registered office at 548 Market St. PMB 21989 San Francisco, CA 94104 USA. In case of queries regarding your personal data processing you may contact us via e-mail at: support@withponto.com, or by other means of communication, as referred to in the Customer Support and Complaints Handling Policy section of this document.
    3. Processing Personal Data
      1. We process your personal data only for:
        • the purpose of providing services under Ponto Application, according to the rules set out in this Privacy Policy and the Terms of Service (Article 6 (1) letter b GDPR - performing services and ancillary activities);
        • compliance with applicable rules and/or regulations (Article 6 (1) letter c GDPR - compliance with our legal obligations); this includes, but is not limited to, compliance with Anti-Money Laundering legal obligations;
        • specific purposes, pursuant to the consent you gave us, if applicable (Article 6 (1) letter a GDPR - specific purposes), i.e. providing feedback, newsletter and commercial information;
        • building statistical models, in order to manage and improve our site (Article 6 (1) letter f GDPR - our legally legitimate interest, - adapting the content to recipients);
        • the protection of our and your rights (including support provided in accordance with the relevant agreements or policies, including the Customer Support Policy), as well as the rights of other customers and third parties, in particular Pontos Swaps Ltd (Article 6 (1) letter f GDPR - our legally legitimate interest) - the establishment, exercise or defence of legal claims and providing customer support); and
        • Please note, that if you use PIS (payment initiation service) or AIS (account information service) for the purposes of Ponto Application, you will give your consent to providers of such services to share your personal data with us. The data from PIS is used for carrying out transactions. The data from AISP is used for carrying out transactions as well as in order to perform client due diligence checks under AML regulations.
      2. In particular, we process your personal data in the following manner:
        • by collecting data from payment services providers;
        • by storing data;
        • by transferring certain data about the seller to the buyer and vice versa;
        • by using certain account information in order to confirm the trade;
        • by erasing data;
        • by providing customer support;
        • by informing you by e-mail about the progress of transactions and other technical matters; and
        • by sending you feedback, newsletter and commercial information, provided that you have agreed for such action in the Ponto Application interface.
        • by transferring data to a third party analytics service for anti-fraud purposes; the anti-fraud analyses are produced based on user profiling. Profiling means automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person. In this case the third party acts as personal data processor in order to predict and counteract frauds and money laundering.
      3. We obtain your personal data:
        • automatically (i.e. with cookies);
        • directly from you;
        • from your payment services providers (data necessary to carry out transactions);
        • from AISP if you choose to use this identification and/or payment method (on the basis of your explicit consent given to AISP to obtain account information). The data obtained from AISP includes your name, surname, address, history of transactions.
      4. Wherever the consent is the basis for personal data processing, such consent is voluntary but necessary in order to provide service under Ponto Application. Failure to provide data may result in an inability to properly access and/or use Ponto Application.
      5. Ponto Application acquires data from the AISP (acting as a data provider) over an encrypted connection (TLS/SSL), which is also used for any and all data transfers. Any and all data is stored in an encrypted database.
    4. Personal data processors and other data disclosures
      1. Ponto discloses personal data to processors who process personal data on behalf of Ponto. We use processors to help us in IT maintenance and development, to support us in our anti-fraud actions and for purposes of data storage (cloud services).
      2. We may also disclose your personal data to other third parties in the event that:
        • we reasonably consider that we are under a duty to disclose and/or share your personal data in order to comply with any legal obligation - this will include, as mentioned above, a disclosure made to a third party for anti-fraud purposes;
        • in order to enforce or apply our Terms of Service and other agreements; and/or
        • to protect the rights, property, or safety of Ponto, our customers or other involved parties.
    5. Your Rights You possess the rights set out by the GDPR, including:
      1. the right to access your personal data - this right gives you the right to obtain a copy of their personal data as well as other supplementary information, such as the purposes of processing, the categories of personal data that Ponto processes, the entities to whom Ponto discloses your personal data, etc. It is designed to help individuals understand how and why their data is used;
      2. the right to rectification and erasure of personal data (with the reservation of processing personal data on blockchain) - under these provisions individuals have the right to have inaccurate personal data rectified and also to have their personal data erased. The latter is known as the 'right to be forgotten'. This right is not absolute and only applies in certain circumstances, e.g. when the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed, when you withdraw your consent for processing (however in such a situation it may no longer be possible for Ponto to provide you services), when the processing is unlawful;
      3. the right to the limitation of processing -- this right is available if you e.g. contest the accuracy of the personal data or you objected to processing and Ponto is in the process of verification of the lawful grounds for processing;
      4. the right to object against processing - this right gives you the ability to object to the processing of your personal data if Ponto processes your data based on a legitimate interest;
      5. the right to the portability of personal data - this right enables you to receive personal data that you have provided to Ponto in a structured, commonly used, and machine readable format if the processing is based on your consent;
      6. the right to lodge a complaint with the supervisory authority - this right means that without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, if you consider that the processing of personal data relating to you infringes the GDPR. The availability of some of these rights depends on which lawful basis for processing is engaged.
    6. Consent Each time your personal data is processed based on your consent, such consent is voluntary and can be withdrawn at any time. However, if you withdraw such a consent, Ponto may not be able to provide you services.
    7. Data Catalogue Data processed by us may include in particular:
      1. identification data (such as name, surname, date of birth, place of birth);
      2. information submitted to us or obtained via AISP, PISP or your account provide (i.e. account information, account balance, history of transactions); and
      3. information related to your transaction(s) (trade(s)) made via Ponto Application (i.e. crypto currency addresses used in the transaction, your wallet address);
      4. Internet based data (such as cookies, IP address).
    8. Transfer of Your Personal Data Outside of the European Economic Area
      1. The data that we collect from you will not be transferred to or stored outside of the European Economic Area except for the US citizens if they use US payment services providers or Ponto's partner intermediates in carrying out transactions. In such a case the minimum data will be transferred to Ponto's partners in the US. We will take reasonable steps to ensure that your Account Information (including any personal data) is handled securely and in accordance with this Privacy Policy.
      2. Please note that this Clause may be subject to amendment in accordance with Brexit and its consequences.
    9. Deletion of Personal Data We will store your personal data as long as it is required or permitted by law. In each case, we will process the data for as long as we have a relationship with you and thereafter for a period of limitation of any claims. In some cases the retention period is prescribed by law. For example, for the purposes of AML we will store your data for five years beginning on the date on which our business relationship has come to an end.
  5. Security
    1. We use industry-standard encryption methods to ensure the security of your data in accordance with applicable laws and regulations.
    2. However, we cannot fully guarantee the security of any data transmitted to your payment services provider or us. We take reasonable precautions to ensure that your data is not lost, misused, accessed, disclosed, altered or destroyed.
    3. If you have reason to believe that your personal data is no longer secure, please contact us immediately at: support@withponto.com.

Customer Support and Complaints Handling Policy

  1. Our Approach
    1. Ponto intends to stay as client-oriented service provider as possible. In order to achieve these goals, we have decided to enact this policy.
    2. The aim of this policy is to ensure that:
      1. the quality of services offered by Ponto remains as high as possible;
      2. you receive the best customer service you can get;
      3. our application is constantly improving and responds to your needs in a dynamic business environment;
      4. our employees, agents and officers treat you responsibly and with care;
      5. the rules of our service are always clear and fair; and
      6. handling of any and all complaints is quick and efficient.
  2. Scope of this Policy
    1. This policy applies to our users using Ponto Application, as well as anyone else who would like to either make an inquiry or file a complaint. If the situation requires it, however, we may prioritize complaints filed by customers over inquiries made by other persons.
    2. This policy applies to all our customers, both individuals and legal persons - not only consumers.
    3. For the purposes of this policy, any reference to Ponto Application also includes our employees, agents or officers.
    4. Complaints may relate to any of our activities and may include (but shall not be limited to):
      1. the quality of the customer service you have received from Ponto Application;
      2. the behaviour and/or professional competence of our employees, agents or officers; or
      3. any and all delays, defects, and/or other problems associated with the provision of services by Ponto Application.
    5. Inquiries may relate to:
      1. general questions about our services;
      2. formal requests for the disclosure or erasure of information; or
      3. ther inquiries, offers, questions, suggestions, and/or requests.
  3. Basic Customer Support
    1. Our application uses the Crisp Chat plugin in order to facilitate the processing of customer queries and support. By using this tool, which has been integrated into our application, you also agree to its terms and conditions. The same applies to the other forms of contact embedded within it, i.e. messaging and email. You can find more information about Crisp here.
    2. If you feel that the customer support provided by Crisp Chat or through any other static document or form that we might offer (such as an FAQ or a similar form) is insufficient, you can either make an inquiry or file a complaint in accordance with the procedure set out below.
  4. Modes of Contact
    1. You can make an inquiry or file a complaint either:
      1. through our customer support system embedded in our application; or
      2. by sending an email to: support@withponto.com
    2. The modes of contact mentioned in point 4.1 letters b) and c) above can be accessed through our application, which provides the relevant references for your convenience.
    3. The modes of contact mentioned in point 4.1 letters a), b), and c) above do not exclude other mode of contact (e.g. phone, social media, etc.), but in principle, these are not covered by this policy and, unless stated otherwise, do not represent customer support.
    4. Except for automated forms of customer support, our employees, agents and officers are available to you during Ponto's business hours (i.e. 10:00 AM PST to 7:00 PM PST, Monday to Friday, Business Days only). Please also note that sometimes our customer support system may be temporarily available, e.g. due to technical reasons or Crisp Chat functionality.
  5. Filing a Complaint
    1. When filing a complaint, you will be required to provide the following information, in as much detail as reasonably possible:
      1. your name, and email address; and
      2. the details of your complaint;
      3. and, where appropriate or required by us:address, and/or
      4. telephone number; and/or
      5. the transaction reference number; and/or
      6. the name and title of the employee, agent or officer; and/or
      7. any documents or other evidence you wish to rely on as proof; and/or
      8. your request.
    2. Making an inquiry is generally not subject to these requirements, but our ability to answer inquiries may be dependent on your providing us with additional relevant information and/or data.
    3. You can only make complaints on behalf of yourself and not on behalf of other customers, unless the circumstances require it.
  6. Handling of Complaints
    1. Upon receipt of your complaint, we will log the complaint in our complaints log. We aim to acknowledge receipt of your query as fast as possible, but never longer than 2 days and, if possible, provide details of the employee, agent or officer handling your complaint.
    2. If your complaint relates to a specific employee, agent or officer, that person will be informed of your complaint and be given a fair and reasonable opportunity to respond. Any communication between you and the employee, agent or officer in question should take place only via the liaison of a designated officer. We respectfully ask that you do not contact the employee, agent or officer in question directly concerning the complaint while we are working to resolve it.
    3. If we require any further information or evidence from you, the employee, agent or officer responsible for handling your complaint will contact you as quickly as is reasonably possible to request it. In order to avoid delay in the complaints handling process, we ask for your reasonable effort to supply any such information or evidence in a timely fashion. If, for any reason, you are unable to provide such information or evidence, we will with all reasonable efforts to attempt to proceed without it. Please be aware, however, that we will not ask for further information or evidence unless we consider it important to the successful resolution of your complaint.
    4. We aim to resolve complaints as fast as possible, preferably within thirty (30) business days. Please note that in some cases, the handling of complaints may take longer.
    5. If it takes us more than thirty business days to respond to you, we will make a reasonable effort to:
      1. inform you of the delay;
      2. explain the reason for the delay; and
      3. let you know the anticipated handling time for the complaint.
  7. Confidentiality and Data Protection
    1. We take all complaints, inquiries and information relating thereto in the strictest confidence. Such information will only be shared with the employees, agents and/or officers of Ponto whose knowledge of it is necessary in order to handle your complaint.
    2. We may ask you for permission to use details of your complaint or inquiry (with any and all personal information removed, unless you have granted us permission to use it) for the purposes of internal training and quality control. If you have granted us such permissions, you may revoke it at any time.
    3. Detailed rules on how we process your personal data can be found in the Privacy Policy section of this document.

Effective Date: 4/27/2021