TERMS AND CONDITIONS
OF TIPNANO MOBILE APPLICATION

Last updated June 5, 2023

§1. GENERAL PROVISIONS

  1. These Terms and Conditions govern the use of TipNano mobile application as well as the provision of services, through the Application, by electronic means by the Service Provider: Blue Dragonflies Sp. z o.o. with its seat in Gogolin (47-320), ul. Malińska 1, for which the District Court in Opole, VIII Commercial Division of the National Court Register maintains registration files under the following number: 0000896949, NIP (tax identification number): 1990126320, REGON (statistical identification number): 388744895, with the share capital of 5,000.00 PLN, as defined in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means, having the status of a micro entrepreneur within the meaning of the Act of March 8, 2013 on Counteracting Excessive Delays in Commercial Transactions (Journal of Laws of 2022, item 893, as amended)
  2. Contact details of the Service Provider:
    1) Correspondence address: 1 Malinska Street, Gogolin 47-320;
    2) E-mail address: support@tipnano.org.
  3. Each User is required to comply with these Terms and Conditions upon undertaking actions to use TipNano Application. These Terms and Conditions are made available to the User upon the first activation of the Application on their device.
  4. The User is obliged to read these Terms and Conditions. Acceptance of the Terms and Conditions is voluntary, yet it is a necessary condition for using the Application.
  5. Terms and Conditions and their archived versions are made available in electronic form in the Application and on the Service Provider's website: tipnano.org/tos.html. The Service Provider shall provide the possibility of downloading Terms and Conditions to a durable medium.
  6. Provision of Services by Service Provider is not an economic activity involving Virtual Currencies as detailed out in art. 2(1)(12) of Counteracting Money Laundering and Financing of Terrorism of 1st March 2018, therefore Service Provider is not an obliged institution as specified in abovementioned Act. Service Provider provides Application allowing acquisition of Virtual currencies, but does not store, exchange or transfer them to or between Users. Service provider may take a financial security measures in justified cases, consisting in particular of financial security measures (KYC).

§2. DEFINITIONS

  1. Service Provider – Blue Dragonflies Sp. z o.o. with its seat in Gogolin (47-320), ul. Malińska 1, for which the District Court in Opole, VIII Commercial Division of the National Court Register maintains registration files under the following number: 0000896949, NIP (tax identification number): 1990126320, REGON (statistical identification number): 388744895, with the share capital of 5,000.00 PLN, having the status of a micro entrepreneur within the meaning of the Act of March 8, 2013 on Counteracting Excessive Delays in Commercial Transactions (Journal of Laws of 2022, item 893, as amended).
  2. Terms and Conditions - this document defining the terms and conditions of use of the Application;
  3. Application - software called TipNano provided by the Service Provider and installed in the internal Device memory.
  4. Services - services provided by the Service Provider electronically, which are digital services within the meaning of Article 5a) letter c of the Act of May 30, 2014 on Consumer Rights through the Application, in particular described in §3, §4, §5 and §11 of these Terms and Conditions;
  5. Device - an electronic device that allows data to be processed, received, and sent such as a smartphone, tablet, and mobile phone.
  6. User - means an entity to the benefit of whom services may be provided by electronic means in accordance with the law or with whom a contract on the provision of services by electronic means may be concluded.
  7. Identifier (ID) – a unique string of characters individually assigned to the User upon logging in to the Application for the first time.
  8. User Account – a User-assigned set of resources and entitlements within the Application that contains the information necessary for User authorisation and enables the use of the service.
  9. User Verification – actions aimed at authenticating the User, undertaken to use some of the Application features, in particular by providing the Nano wallet address, e-mail address and the mobile phone number to enter the verification code number sent during the verification process;
  10. Virtual Currency – digital representation of value specified in Article 2(2)(26) of Counteracting Money Laundering and Financing of Terrorism of 1st March 2018, in particular the Nano currency used by Service Provider within the Application.
  11. Nautrino – an internal unit of account used by the Application to pay out Virtual Currencies to the User.
  12. Wallet address – a series of characters of an electronic identification data set offering the authorised Users to hold, store and transfer Virtual Currencies, including Nano currency.
  13. Main Account Balance – an Application module that shows the current number of Nautrino units collected by the User.
  14. Faucet – a default feature of the application, specifically governed by §4 hereof, consisting incollecting Nautrino units by the User and enabling their exchange for Virtual Currencies;
  15. Paying Agent – an entity making the withdrawals of Virtual Currencies to the benefit of the Users on the basis of a cooperation agreement between the Service provider and Unfinitytec OÜ with its seat in Tallinn, Harju maakond, Tallinn, Kesklinna linnaosa, Pärnu mnt 41a-303, 10119 Estonia, registered under the following number: 16159524, with the share capital of 2,500.00 EUR;
  16. Rewarding faucet – afeature of the application, specifically governed by §5 hereof, consisting in collecting Nautrino units by the User on the basis of content made available by external Providers;
  17. Providers – third parties that provide content available through the Rewarding faucet feature, consisting particularly of offers, games, surveys and advertising;
  18. Offerwall – a module available in the User panel where content provided by the Providers is available.
  19. Offer Balance – an Application module that shows the current number of Nautrino units collected by the User by executing the offers available in the Offerwall module
  20. Tasks –a task module available in the User panel, the performance of which gives the User a specific number of Nautrino;
  21. VPN (Virtual Private Network) – software that encrypts the connection between the User's Device and the Application.
  22. Referral Program – a marketing program, the rules of which are set out in Appendix no. 1 here to, available to the Users that use the Rewarding faucet feature, provided by Unfinitytec OÜ, with its seat in Tallinn, Harju maakond, Tallinn, Kesklina linnaosa, Pärnu mnt 41a-303, 10119 Estonia, registered under the following number: 16159524, with the share capital of 2,500.00 EUR;
  23. Licence – an agreement for the use of the Application, concluded upon the Application installation in accordance with the terms specifiedin §9 hereof, between the Service Provider and the User.

§3. ACCESS AND USE OF THE APPLICATION

  1. The basic Service provided through the Application consists in the possibility to acquire Virtual currencies through the Application by using the Faucet and Rewarding Faucet features under the conditions set out in §4 and §5 of these Terms and Conditions. The Service Provider reserves the right to add other Services to the Application.
  2. The Service Provider shall provide the Services in accordance with these Terms and Conditions.
  3. The Application is available to all the Users of Devices that download it from the Google Play store. In order to use the Application, the User must install it correctly and activate it on their device.
  4. Downloading the Application from software-specific store as well as using the Services offered through the Application is free of charge. The Application is available for Android.
  5. Application-based services are provided 24 hours a day, 7 days a week, at the User's individual request. i.e. running the Application.
  6. The use of the Application may be territorially restricted. The Service Provider offers access to the Application in accordance with local laws. The Service Provider does not allow for the use of the Application by the Users under the jurisdiction of: Cuba, Iran, Israel, Iraq, South Korea, Sudan, South Sudan, Syria, Russian Federation, Pakistan.
  7. The Service Provider reserves the right to choose, limit or refuse to provide services in a specific jurisdiction at any time.
  8. The Application and all the materials, information and solutions contained therein, as well as the selection and arrangement of content presented within the Application, logos, graphic elements, trademarks, constitute the subject of exclusive rights of the Service Provider or its business partners.
  9. In order to start and run the Application correctly, the User needs to connect their device to the Internet by activating the mobile network data or Wi-Fi network. In order to use some of the Application features, it may be necessary to run GPS services in the background.
  10. Upon agreement to these Terms and Conditions, a contract on the provision of services by electronic means is entered into between the Service Provider and the User. The contract is concluded for an indefinite period of time.
  11. First time logging into the Application equals creating a User account. E-mail address registration and User verification are not required for that purpose. The use of certain features of the Application indicated in § 4 and § 5 of these Terms and Conditions may require the User to carry out certain activities, in particular providing Wallet address or performing User verification.
  12. The Users are required to use the Application in a manner consistent with the applicable laws, Terms and Conditions, licences, terms and conditions of the websites and stores, from which the Application was downloaded, as well as with the principles of social co-existence, including general rules for the use of the Internet and mobile applications, and respecting the rights of third parties and of the Service Provider.
  13. In particular, the User is required to use the Application in such a manner that it does not disturb the operation of the Application, is non-disruptive to other Users and the Service Provider, and respects the personal interests of third parties (including the right to privacy) and any other rights vested in them. Additionally, the User is required to use all the information and materials made available through the Application only for the authorised use and under the Licence.
  14. The User is required not to provide illegal or abusive content, content that violates the personal interests of third parties, incites to commit a criminal offense, offensive content, or any advertising content without the Service Provider's prior consent.
  15. The Users are required to immediately notify the Service Provider of any violation of their rights in connection with the use of the Application. Notifications may be sent via e-mail to support@tipnano.org..
  16. If it is determined that the User has committed any unlawful actsor violation of these Terms and Conditions, or any acts violating the rules of social co-existence or the legitimate interest of the Service Provider, the Service Provider may take any legal action, including limiting or preventing the use of the Application and the services provided through it by the User.
  17. Both the User and the Service Provider shall have the right to terminate the contract on the provision of services by electronic means at any time, without giving any reason. A declaration of termination may be submitted in writing or via e-mail to: support@tipnano.org. and shall take effect upon its receipt by the other party.
  18. The Service Provider, as part of its cooperation with different Providers, may make different websites available to the Users within the Application. The rules governing the provision of services by electronic means through these websites are specified in the respective terms and conditions of those websites. The use of the websites offered requires that the respective terms and conditions be reviewed and accepted. In the event of any discrepancies between these Terms and Conditions and the terms and conditions of particular websites, the terms and conditions of those websites shall apply. All matters not settled in the terms and conditions of particular websites shall be subject to these Terms and Conditions.
  19. The Service Provider shall bear no liability for the use of the Application in a manner contrary to these Terms and Conditions.

§4.TERMS OF USE OF THE APPLICATION IN THE FAUCET MODE

  1. The Faucet mode is a default feature of the Application that is activated when the Application is run for the very first time.
  2. The Faucet mode allows the User to use the basic functionality of the Application, i.e. to perform "Claim" activities in order to collect Nautrino units on the User’s balance, which the User may transfer to Wallet address. In this mode, the User may use the basic elements of the Application such as Wallet address, Tasks, Claim, Nautrino and Virtual Currency.
  3. Before using the Faucet mode, the User is required to read these Terms and Conditions, and accept them when activating the Application for the very first time.
  4. The use of the services available in the Application under the Faucet mode is free of charge. User verification and e-mail address registration are not required.
  5. Using the full Faucet functionality requires the User to provide their Wallet address. The User hasthe option to freely choose their wallet, provided that the wallet chosen by the User supports transactions related to Virtual currencies. The wallet names provided in the Application are just a suggestion from the Service Provider.
  6. The User shall be responsible for providing an incorrect or false Wallet address.
  7. Only one Wallet address may be assigned to the User at a given time for each Virtual Currency. The User may change Wallet address at any time, provided that the address is not assigned to another account.
  8. The collection of Nautrino units by the User consists particularly in performing Clam activities. The Nautrino units awarded shall be recorded and summed on the User’s main account balance. The wallet address is not required to collect Nautrino units.
  9. The User using the Faucet mode is not required to provide their e-mail address, mobile phone number, or to perform verification. However, the Service Provider warns thatthe provision of an e-mail address enables account data restoration if the User loses their Device or uninstalls the Application. Otherwise, any and all data saved by the User, along with the collected Nautrino units, will be lost, for which the User shall be solely responsible.
  10. The Nautrino units collected by the User are converted into any Virtual Currency at the time of ordering a transfer to the wallet address. The User may order a transfer of the entire quantity of Nautrino units collected from the Main Account Balance at any time, taking into account the 10-minute gaps between transfers and the first transfer made 10 minutes after the account was created.
  11. Withdrawals are made in Virtual Currency indicated by User.
  12. Withdrawals are made by Paying Agent.
  13. The ratio of Nautrino to any other Virtual Currency value may be subject to a change. It depends on the market value of the respective Virtual Currency, which is determined according to the current rate published by coinmarketcap.com/currencies/. The Nautrino conversion rate is fixed at the value of 1 U.S. dollar (USD) and amounts to 1000000 Nautrino units. At the time of transfer, Nautrino units collected by the User are converted into an equivalent value expressed in USD and then exchanged according to the current rate of respective Virtual Currency, as determined in accordance with the above.
  14. The Service Provider is not responsible for the risk associated with the fluctuations of the virtual currency exchange rate, in which withdrawals are made to User.
  15. As part of the transfer made to the User’s wallet, there is also an amount due to the Paying Agent for the ongoing handling of transfers and the Referral Program it supports, and thus an amount corresponding to 3% of the value of the transfer shall be deducted therefrom.
  16. As part of the Faucet feature, the User does not have access to offers, games, advertisements or surveys made available by the Providers under the Rewarding faucet feature specified in §5 hereof.
  17. The Use of a Device with a modified operating system, in particular in the form of an Emulator or Root, is not allowed. Should the User use any of the above, the Service Provider shall be entitled to apply the measures referred to in § 3(14) hereof until the User ceases to use such a Device.

§5. TERMS OF USE FOR OF THE APPLICATION IN THE REWARDING FAUCET MODE

  1. The Rewarding Faucet mode is an additional feature of the Application that is available to the Users using the Faucet feature.
  2. The Rewarding Faucet allows for extending the basic functionality of the Application to include the content of the Providers on the Offerwall, which, in turn, allows the User to collect more Nautrino units on the Offer Account Balance. In the Rewarding Faucet mode the User shall have access to the Offerwall and activity bonuses in accordance with the rules set out in these Terms and Conditions.
  3. The use of the services available in the Application as part of the Rewarding Faucet mode is free of charge and is available only to the Users, who meet the requirements for using the Application in the Faucet mode and who are over 18 years of age.
  4. The Rewarding Faucet mode is activated by performing Tutorial Task #7 by the User, which is available in the Faucet mode. Upon activation, the User will no longer be able to return to the Faucet mode.
  5. The full functionality of the Rewarding Faucet mode is available after User Verification and provision of the User’s e-mail address.
  6. The Nautrino units granted to the User under the Rewarding Faucet mode shall be recorded and summed on the User’s dedicated account balance. Their transfer to the Main Account Balance shall require User Verification through the completion of specific Tasks by entering a code number from an SMS sent during the User Verification process.
  7. In the Rewarding Faucet mode, the User shall not be allowed to use a VPN.
  8. Each User may only use one account.
  9. The User may not change the phone number after the Verification is completed.
  10. The User is required to provide the Service Provider with truthful data only and shall be responsible for providing false or incorrect data.
  11. The User may use the Application on several devices at the same time. In this case, User authorisation shall be requiredon any new device by means of a code sent via e-mail.
  12. Using the Rewarding Faucet mode, particularly in terms of offers on the Offerwall, may require the User to download, install and run applications provided by the Providers.
  13. The Offerwall may contain content provided by the Providers, in particular by: Adjoe, AdColony, AdGate Media, AppLovin, TheoremReach, AdGem, CPX Research, Timewall, Lootably, Adscend Media. The Service Provider reserves the right to update the list of the Providers, which shall not entail any change to the content of these Terms and Conditions.
  14. The Service Provider undertakes to award Nautrino units to the User for the performance of offers provided by the Providers, provided that the respective Providers award Nautrino units to the Service Provider.
  15. As part of the Rewarding Faucet mode, the User shall be entitled to a bonus for activity once a day, for activity 7 days in a row, and for activity 30 days in a row. The amount of the bonus may vary from country to country.
  16. The transfer of Nautrino units collected as part of the Rewarding Faucet mode may only occur after they have been transferred to the User’s Main Account Balance. A transfer to the Wallet address shall be made from the main account balance in accordance with the rules set out in § 4(10-14), subject to the rules set out in this section.
  17. The transfer of Nautrino units from the Rewarding Faucet-dedicated account balance to the main account balance is possible after the User has collected a minimum of 500,000 Nautrino units.
  18. The User is entitled to convert the transfer referred to in section 16 into an order to receive a digital gift card in the form of a voucher, usable at third parties. User shall determine form of the transfer at the time of placing the order.
  19. A digital gift card shall constitute a voucher, which is obligated to accept it as remuneration or part of the remuneration for the supply of goods or services with the identification of potential suppliers or service providers. The specific terms and conditions for the use of the voucher shall be specified in the relevant documents of such suppliers or service providers.
  20. If the User chooses to order a digital gift card, the Service Provider shall determine its value at the time the User placing a order. The determination of the value is made according to the fixed conversion rate of Nautrino to USD currency (1.000.000 Nautrino is equal to 1 USD).
  21. The possibility of using the change of the form of transfer to the order of a digital gift card is subject to prior verification of the User's e-mail address, in accordance with paragraph 5. The User is liable for providing an incorrect e-mail address.
  22. The delivery of the gift card is carried out in digital form by a third-party Provider, to the email address indicated by the User. The term of execution of the order to receive a digital gift card shall depend on the external Provider.
  23. The Users using the Rewarding Faucet shall be entitled to the Referral Program bonus, the rules of which are set out in Appendix no. 1 to these Terms and Conditions.
  24. The Service Provider warns that the use of the Rewarding Faucet functionality may be limited territorially to the countries chosen by the Service Provider.

§6. COMPLAINTS

  1. Any and all complaints regarding the operation of the Application and Service provision through the Application as well as questions regarding the use of the Application, shall be addressed to the Service Provider at support@tipnano.org.
  2. A complaint should include: the name and model of the mobile device, the current version of the IT system installed on the device, a detailed description and reason for the request.
  3. Within 14 days of receipt, the Service Provider shall investigate the complaint and inform the User of the investigation outcome. This time limit may be extended if the investigation of a given complaint requires special messages or if the Service Provider encounters other difficulties outside the Service Provider’s control or if additional information needs to be obtained from the User. The time taken by the User to provide additional information shall, from time to time, extend the time taken to investigate the complaint.
  4. The Service Provider shall send a reply to a complaint to the e-mail address from which the complaint was received.
  5. If the User submits an electronic complaint, the User agrees to receive an electronic response from the Service Provider.
  6. The User’s use of out-of-court means of complaint investigation and claim assertion is voluntary.
  7. The User being a consumer shall be further entitled to seek dispute resolution via the EU ODR platform available at http://ec.europa.eu/consumers/odr/.
  8. The Service Provider reserves the right not to respond to a complaint that is clearly unfounded, in particular in so far as the complaint has already been processed in respect of the User concerned.
  9. The right of withdrawal is excluded based on Article 38 (1) (13) of the Act of May 30, 2014. on consumer rights, due to the delivery of digital content not delivered on a material medium, for which the consumer is obliged to pay the price, if the entrepreneur has started the performance with the express and prior consent of the consumer, who was informed and accepted it before the start of the performance that after the performance by the entrepreneur will lose the right to withdraw from the contract, and the entrepreneur has provided the consumer with the confirmation referred to in Article 15 (1) and (2) or Article 21 (1) of the aforementioned Act.

§7.LIABILITY OF THE SERVICE PROVIDER

  1. The Service Provider shall provide ongoing supervision of the technical functioning of the Application, ensuring that it operates correctly. However, the Service Provider does not guarantee the continuous availability of all the features of the Application or their error-free functioning.
  2. The User uses the Application on a voluntary basis, at their own risk. The liability of the Service Provider for any damage caused by the use of the Application, in particular non-functioningand malfunctioning, shall be excluded to the fullest extent legally permissible.
  3. The Service Provider shall not be responsible for any restrictions or technical problems in the information and communication systems used by the Users’ Devices that prevent or restrict the Users from using the Application and the Services offered through it. The Service Provider shall not be responsible for the quality, performance or accuracy of the Application not satisfying the User.
  4. There might be interruptions in the Application functioning due to technical reasons. The User shall have no claims in connection with such interruptions or cessation of the Service provided by the Service Provider.
  5. The provision of the Services may be interrupted in the event of poor connection, damage or defect of telecommunications equipment, power systems, hardware, telecommunications network failure, power outages or any action by third parties.
  6. The Service Provider shall have the right to block access to the Application or particular features in the event of any irregularities in the use of the Application, in particular circumstances that could harm the User or Service Provider. The Service Provider shall not be responsible for temporarily suspending access to the Application for the period necessary to remedy the risks or irregularities.
  7. The costs of any transmission of data required for downloading, installing, running, and using the application shall be borne by the Useralone, under contracts concluded with telecommunications operators or other Internet service providers. The Service Provider is not responsible for the fees charged for the use of the data transmission necessary for the use of the Application.
  8. In the event of an abuse of Terms and Conditions, particularly creation of further accounts by same User, Service Provider is entitled to apply an identification procedure against such User (KYC). In case of refusal to comply with the KYC, User may be deprived of the right to withdraw Virtual currencies and Service Provider may be entitled to terminate Service provision.

§8. PROCESSING OF PERSONAL DATA

  1. The Service Provider, i.e. Blue Dragonflies Sp. Z o.o. with its seat in Gogolin (47-320), ul. Malińska 1, for which the District Court in Opole, VIII Commercial Division of the National Court Register maintains registration files under the following number: 0000896949, NIP (tax identification number): 1990126320, REGON (statistical identification number): 388744895, share capital of 5,000.00 PLN is the controller of the personal data.
  2. Personal data shall be processed in accordance with the provisions of the 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, and repealing Directive 95/46/EC (hereinafter referred to as “GDPR”), the Act of 10 May 2018 on the protection of personal data and the Act of 18 July 2002 on the provision of services by electronic means.
  3. The Controller shall ensure that appropriate technical and organisational measures are in place to ensure the security of the personal data processed, in particular preventing unauthorised third parties from accessing the data or processing them in breach of the generally applicable laws, preventing the loss, damage or destruction of such personal data.
  4. Detailed rules for the processing of personal data are laid down in the Privacy Policy available at tipnano.org/privacypolicy.html, which forms an integral part of these Terms and Conditions.

§9. LICENSE AND INTELLECTUAL PROPERTY

  1. All rights to the Application, including proprietary copyrights to the Application as well as to the individual parts thereof, in particular text, graphics, multimedia components as well as development components that generate and operate the Application, including industrial property rights and any other derivative rights (hereinafter referred to as the "Licence"), excluding content provided by the Providers, are vested in the Service Provider.
  2. As soon as the User downloads the Application and accepts the Terms and Conditions, the Service Provider grants the User a non-exclusive licence to use the Application for its intended purpose. The licence is not transferable and is granted for the time the User uses the Application as intended and in accordance with these Terms and Conditions.
  3. A non-exclusive licence granted to the User does not authorise the User to grant further licences. Additionally, the User is not entitled to undertake actions outside the scope of the Licence.
  4. Transferring content contained in the Application to third parties is permitted only with the use of the tools contained in the Application and intended for that purpose.
  5. The User is not allowed to reproduce, sell or otherwise market or distribute the Application, in whole or in part, in particular transmit or share it on computer systems and networks, mobile application distribution systems or any other information and communication systems.
  6. Should the User violate any of the terms of use of the Application or the terms of the licence granted, the Service Provider shall be entitled to block the User from accessing the Application and revoke the licence granted to use the Application. This shall not prejudice the right of the Service Provider to take other appropriate actions provided for by the law in connection with the infringement.

§10. APPENDICES TO THESE TERMS AND CONDITIONS

  1. The Terms and conditions include the following appendices, which shall form an integral part thereof:
    1. Appendix no. 1: Referral Program

§11 FINAL PROVISIONS

  1. The Service Provider shall have the right to amend these Terms and Conditions without giving any reason. The Service Provider shall notify the User of such changes in a prominent place in the Application. If the User does not agree to any such change of these Terms and Conditions, the User shall have the right to terminate the contract on the provision of services by electronic means.
  2. The Service Provider shall provide access to these Terms and Conditions through the Application in such a manner that they may be downloaded, saved and printed.
  3. The content of these Terms and Conditions as well as any disputes between the Service Provider and the User shall be governed by the Polish law.
  4. The absence of legal bases or incompleteness of any of the clauses contained herein shall not mean that these Terms and Conditions become null and void in their entirety. Such invalid or incomplete provisions shall be changed to reflect the meaning and purpose of the existing provisions to the fullest extent possible.



Archived Terms and Conditions

October 20, 2022