Terms of use         Privacy policy



TERMS OF USE.

These terms and conditions in this agreement (the «Terms of Use», «Terms of Service» or «Terms») between you («User» or «client») and Amixy Suisse Ltd., doing business as Amixy («Amixy») govern your use of the Amixy website, hosted at www.amixy.com (the «Site»), Amixy Point ATM Service (the «ATM» or «Amixy Point») and the Amixy application (the «App»), and collectively with the Site and ATM Service, the «Services»).  

Please read the terms carefully as they govern your use of Amixy Services.

1.1. Your submission of information, including personal information, through or in connection with the Services is governed by the terms of our Privacy Policy as updated from time to time, available at https://point.amixy.com/legal («Privacy Policy»). Each time you wish to use a Site, ATM or the App to initiate a transaction, you will need to accept these Terms of Service and the Privacy Policy by clicking to accept.

When you accept the Privacy Policy, and any updates thereto, you consent to collecting, accessing, using, processing, disclosing, and retaining by us a personal information you provide to us so we may provide the Services to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws, and regulations.

We carefully use your personal information according to the Terms and Privacy Policy. For what purposes we use your personal information, what kind of personal information we use and how to withdraw access to your personal information in our services, you can see at https://point.amixy.com/legal.

1.2. The ATM. Amixy operates Crypto-ATM`s within the Switzerland. Crypto-ATM`s are digital currency machines that allow users to buy supported digital currencies with fiat currency or to sell supported digital currencies for fiat currency.  

There are two exchange directions serviced by the «Amixy Point» Service (ATM):

  • The «Cash In» transaction.

  • The «Cash Out» transaction.

Each flow will be described separately below.

Cash In

Essentially, the first screen of the ATM offers the user two options: to Buy or Sell cryptocurrency. When the user clicks on the 'Buy' button, request current balance from the Liquidity Provider (further LP). The balance shall have a certain threshold.

Subsequently, request 'Buy Rates' from the LP and create the transaction entry. At this stage, rates are considered to be 'Estimated Rates'. These estimated rates are displayed at the second screen of the 'Buy' flow. 

The 'Buy Rates', do not include all fees incurred in the transaction, specifically:

  • The Amixy Point fee, which is 8%*

  • The Blockchain Network fee, which is a fixed amount, updated regularly, subject to Liquidity Provider policies.

Therefore, the rate displayed to the user (ATM Screen) will be equal to the rate, which is requested from the LP.

*Amixy can change the amount of fees and the user can always see the amount of fees before performing transactions or using the service.

The current mechanic is a common practice in financial markets and is not considered as deceptive. The spread variable that will be affecting the 'Buy' or 'Sell' rate.

When the user clicks on the currency button, proceed to the «Terms of Use» screen. If the user agrees, proceed to the Limits Screen by displaying effective KYC and No KYC Limits. If not, the user will return to the 'Buy/Sell' screen of the ATM. 

Upon accepting «Terms of Use» the user proceeds to the 'Transaction Limits' screen. The user may choose the transaction limit, which is below the KYC, meaning that the user will stay anonymous.

If the user chooses, the limit, which is above the KYC, proceeds to the authentication screen.

The Authentication process can be facilitated by scanning the QR-code, if the user is 'Signed In' with the mobile device, or by sending the 'SMS TOTP' to the registered phone number. The 'SMS TOTP' flow should resemble the Amixy TOTP flow across Site and App.

Upon successful authentication, set transaction limits, given the user identification status and proceed to the 'Deposit Address' screen.

Upon successful validation of the 'Deposit Address', update the transaction with the validated deposit address and proceed to the 'Cash Deposit' screen. 

Cash Out

Essentially, the first screen of the ATM offers the user two options: to Buy or Sell cryptocurrency.

Subsequently, request 'Sell Rates' from the LP and create the transaction entry. At this stage, rates are considered to be 'Estimated Rates'. These estimated rates are displayed at the second screen of the 'Sell' flow.

The 'Sell Rates', do not include all fees incurred in the transaction, specifically:

  • The Amixy Point fee, which is 8%*

  • The Blockchain Network fee, which is a fixed amount, updated regularly, subject to Liquidity Provider policies.

Upon successful authentication, set transaction limits, given the user identification status and proceed to the 'Refund Address' screen.

*Amixy can change the amount of fees and the user can always see the amount of fees before performing transactions or using the service.

When the user clicks on the currency button, proceed to the 'Terms of Use' screen. If the user agrees, proceed to the Limits Screen by displaying effective KYC and No KYC Limits. If not, the user will return to the 'Buy/Sell' screen of the ATM. Change the transaction status to cancelled.

The Authentication process can be facilitated by scanning the QR-code, if the user is 'Signed In' with the mobile device, or by sending the 'SMS TOTP' to the registered phone number. The 'SMS TOTP' flow should resemble the Amixy TOTP flow across Web and Mobile Applications. 

Upon successful validation of the 'Refund Address', proceed to the 'Cash Out Amount' screen. Update the 'Sell Price' from the LP. Do not forget to include the 'risk-management' factor and/or spread. 

1.3. The App. The App is a mobile application that is an integral part of the Amixy ecosystem. The App service allows users to hold digital currencies (Wallet) and interact with the ATM. In addition, users may initiate a sell transaction to be completed at an ATM, purchase digital currency, transfer digital currency held in the Amixy Wallet to other Wallets, receive transfers of digital currency from other Wallets, and view digital currency balances. Users control their Wallet using private keys and Amixy will never control or have access to those private keys. 

The user has the option with the ability to access a personal crypto wallet that supports: Bitcoin, Ethereum, Tether. 

If the user is registered and logged into the App, clicking on the Wallets tab in the menu takes him to the Amixy wallet screen, where he will see a wallet created for him with zero balances. A modal window should be displayed on top of this screen with a call to go through the KYC/AML process, otherwise it will not be possible to use the wallet.

After the user has passed the KYC, this screen becomes available to him without a modal window with all the functions.

Accordingly, it is critical that users maintain private keys in a safe place to ensure access to the App and to prevent others from using the private keys to access the App without authorization.   

1.4. Limited License. Amixy grants you a limited, nonexclusive, non-transferable license, subject to these Terms, to access and use the Services. Amixy grants the right to use its Services solely for approved purposes as permitted by these Terms and Amixy from time to time. Any other use of these Services is expressly prohibited and all other rights, title, and interest in or arising out of these Services is exclusively the property of Amixy and its licensors. You agree that you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Services, in whole or in part. All logos related to Amixy, its affiliates and its licensors or displayed on the ATM`s are either trademarks, registered marks, or associated with Amixy, such affiliates, or its licensors. You agree not to copy, imitate or use them without Amixy’s prior written consent.

2. Amixy Account

2.1. Eligibility. To be eligible to use Amixy’s Services you must be at least 18 years old.  

2.2. Identity Verification (KYC). In order to use certain features of the Amixy Services, including certain transfers of both digital currency and fiat currency, you may be required to provide Amixy with certain personal information: your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, and government identification number. Amixy engages third party service to identify Amixy users, namely: Sum and Substance Ltd (UK). The list of documents that may be requested for identification can be found at: https://sumsub.com/supported-documents/identity-docs/. Their Terms and Privacy policy can be found via the following website.

Amixy may also require you to answer certain questions or take actions in order to verify your identity, provide the Amixy Services to you, or comply with applicable law. In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update Amixy if any information changes. You hereby authorize Amixy to, directly or through third parties, make reasonably necessary inquiries to verify your identity and/or to protect against fraud or other illegal activity and to take actions we deem necessary based on the results of such inquiries. You further authorize any and all third parties to which such inquiries may be directed to fully respond to such inquiries.   

2.3. Biometric data collection. When using an ATM or Amixy App, it can use Touch-ID and Face-ID technologies for identification. Amixy does not collect or store your photos and/or facial geometry data.  

2.4. Account Information. You hereby authorize Amixy to store your account information. You also authorize Amixy to use your account information to help protect against fraud and other illicit activity. 

2.5. Account Limits. Amixy reserves the right, at any time and without prior notice, to modify the daily, weekly and/or monthly limit(s) allowed to be transacted by the client.  

2.6. Termination or Suspension of Account. Amixy may terminate or suspend your access to its Services at any time, without prior notice, for any reason whatsoever, including without limitation, if you breach the Terms or circumvent Amixy’s controls. All provisions of the Terms shall survive termination, including, without limitation, ownership provision, warranty disclaimers, indemnity, mandatory binding arbitration, and limitation of liability.   

2.7. Authorized Users. Only you may use your Amixy account. You must keep confidential your account information, including your private keys, and not authorize any third party to access or use the Service on your behalf. You must contact Amixy immediately if you suspect misuse of your account or any security breach in the Services.

2.8. Your Privacy. Protecting your privacy is very important to Amixy. Please review Amixy’s Privacy Policy which is hereby incorporated by reference into this Terms, in order to better understand Amixy’s commitment to maintaining your privacy, as well as Amixy’s use and disclosure of your information.

2.9. Personal Data. You acknowledge that we may process personal data in relation to you, and personal data that you have provided or provide to us in the future in connection with this Terms or the Amixy Services. Accordingly, you represent and warrant that: 

(i) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed; 

(ii) before providing any such personal data to us, you have read and understood our Privacy Policy, which is available here: https://point.amixy.com/legal; and 

(iii) if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to us.    

2.10. Security Breach. If you suspect that your Amixy Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or Amixy (together a “Security Breach”), you must notify Amixy Support as soon as possible and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that Amixy reasonably requires to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in Amixy’s determination of the appropriate resolution of the matter. 

2.11. Password Security and Keeping Your Contact Information Current. You are responsible for maintaining adequate security and control of any IDs, passwords, hints, personal identification numbers (“PINs”), API keys or any other codes that you use to access the Amixy Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Amixy Account and the loss or theft of any digital currency and/or funds held in your Amixy Account and any associated accounts or wallets. You are responsible for keeping your email address and telephone number up to date in order to receive any notices or alerts that Amixy may send you. Amixy assumes no responsibility for any loss due to compromise of your sensitive information or failure to follow or act on any notices or alerts that Amixy may send to you. In the event you believe your Amixy Account information has been compromised, contact Amixy Support immediately. 

3. Transactions Using the Services   

3.1. Operation with digital currency. Amixy does not directly exchange, buy or sell currency. Amixy conducts such transactions through a third party contractor Dream Finance OU. The user should read the Policy and conditions of the Coinspaid service Coinspaid.com (LP), which is a partner of Amixy. Their Terms and Privacy policy can be found via the following website.

Once the identity verification process is successfully completed, you may purchase digital currency using the Services, subject to any applicable limits. To buy digital currency, you will scan the address for your desired digital currency wallet for holding digital currencies (“Wallet”) at the ATM. You will then insert the desired amount of Swiss franc (CHF) into the ATM. The appropriate amount of digital currency, minus any fees, will be sent to the scanned Wallet address. You should verify all transaction information prior to submitting the information to Amixy. By initiating a purchase, you attest that you are transacting in a digital currency which conforms to the particular Wallet into which funds are directed. For example, if you select an Ethereum wallet address to receive funds, you attest that you are initiating a purchase of Ether or another digital currency compatible with an Ethereum wallet, and not any other currency such as Bitcoin or Ethereum Classic. Amixy incurs no obligation whatsoever with regard to unsupported digital currency sent to the Amixy Account or supported digital currency sent to an incompatible Wallet. Erroneously transmitted digital currency will be lost. 

3.1.1. Fees

Amixy Fees. Amixy Services allow clients to convert CHF to digital currency and vice versa. The price at which Amixy buys and sells Digital currency will be provided to you on the Amixy ATM screen and Amixy App. 

3.1.2. Amixy notifies User of any actual fees for User before using the Services and has no hidden fees or charges.  

3.1.3. Taxes

You are solely responsible for determining the tax implications and tax reporting requirements associated with transactions you engage in involving digital assets using the Services, and for paying any applicable taxes in each applicable jurisdiction. Amixy is not responsible for determining whether there are tax implications in connection with transactions involving digital assets using the Services, for reporting any such transactions, or for paying any applicable taxes.

3.2. AML Policy

Amixy has no tolerance for money laundering, the financing of terrorism or any other form of illicit activity, and is committed to implementing policies, procedures and controls shaped by the best industry practices and the most effective anti-money laundering standards applied in the worldwide.

In order to secure the use of the Services, Amixy applies AML through AML CORPORATION LIMITED. The user should read the Policy and conditions of the AMLbot service Amlbot.com , which is a partner of Amixy. Their Terms and Privacy policy can be found via the following website.

4. Representations

You make the following representations regarding your use of the Services:

4.1. You have not been previously blocked or suspended from using the Services.

4.2. By accessing or using the Services, you accept these Terms on behalf of yourself and further represent and warrant that you are fully able and competent to enter into, and abide by and comply with, the Terms of Use.

4.3. You represent and warrant that you are legally permitted to use the Services in your jurisdiction, including that you are legally permitted to own digital assets and interact with the Services you use. You further represent that you are responsible for ensuring compliance with the laws of your jurisdiction in connection with your use of the Services and acknowledge that Amixy is not liable for your compliance or non-compliance with any such laws. 

4.4. You represent that agreeing to these Terms of Use and your use of the Services does not constitute, and that you do not expect it to result in, a breach, default, or violation of any applicable law or any contract or agreement to which you are a party or are otherwise bound.

4.5. You represent and warrant that you are not a person or entity identified on: a list of specially designated nationals and/or blocked persons maintained by any list which prohibits you from using the Services, including sanctions, etc. promulgated by an official agency, ministry or department of the Country in which you access the Services. 

4.6. You represent and warrant that you are not a resident of, or located in, any of the countries to which the Country in which you access the Services has embargoed goods or has otherwise applied any sanctions.

4.7. You represent that you will not, and will not attempt to, purchase, sell, rent, transact, or provide access to the Services for or on behalf of someone other than yourself, or otherwise engage in prohibited Use of the Services.

4.8. You represent that you will not disrupt, interfere with, or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services. This includes taking advantage of software vulnerabilities and any other act that intentionally abuses or exploits the design of the Services.

4.9. You represent that you are sophisticated in using and evaluating blockchain technologies and related blockchain-based digital assets, smart contract systems, and tokens. Specifically, you represent that you have evaluated and understand the operation of the Services and the blockchain networks underlying the digital assets that the Services may be used to transact in.

5. Prohibited Uses

The Services may not be used in any of the following ways:

5.1. In connection with your use of these Services, you agree and represent that you are not engaging in or facilitating any illegal activity. Amixy reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or government request.  

5.2. You agree not to accept payments from or send payments to the following businesses or to engage in the following activities using the Services: counterfeiting; stolen goods; sale of illegal or legal prescription drugs; online gambling; identity theft; fraud or scams; or any business that would violate any law, statute, ordinance or regulation. You agree that you will not use the Amixy Services if you are a resident of, or located in, any prohibited jurisdictions for the Services.  

5.3. You agree not to use the Service in a manner that could interfere with, disrupt, impede, or negatively affect other users of the Service. This includes, but is not limited to, the use of: robots, ransomware, Trojan horses and/or scrapers.

5.4. You may not use or attempt to use another person’s wallet software with or without consent when engaging with the Services.

5.5. You may not provide false, inaccurate, or misleading information about yourself or the Services provided to you.

5.6. You may not supply, create, or register multiple accounts or use mobile phone numbers that do not belong to you to access the Services.

5.7. You agree not to store, upload, or transmit to or via the Services any Data that:

  • infringes upon, or violates any copyright, patent, trademark, trade secret or other proprietary right;

  • is defamatory, libelous, or threatening;

  • is known by you to be false or inaccurate; or

  • violates any applicable law, treaty, or regulation.

5.8. You agree not to interfere, in any way, with others’ use of the Services and you will not attempt to gain unauthorized access to the account, computer system, or Data of another user.

5.9. You agree not to engage in any act where you know, or have reason to know, that such act may disrupt the functionality of the Services.

6. Risks

6.1. The risks of trading, exchange or holding digital currency can be substantial. You should carefully consider whether trading, exchange or holding digital currency is the right financial decision for you.

6.2. As with any asset, the value of digital currencies can go up or down and there can be a substantial risk that you may lose money buying, selling, holding, or investing in digital currencies. You should carefully consider whether trading or holding digital currencies is suitable for you in light of your financial situation.

6.3. Legislative and regulatory changes or actions at the state, or international level may adversely affect the use, transfer, exchange, and value of digital currency.

6.4. Transactions in digital currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.

6.5. The value of digital currency may be derived from the continued willingness of market participants to exchange Fiat Currency for digital currency, which may result in the potential for permanent and total loss of value of a particular digital currency should the market for that digital currency disappear.

6.6. There is no assurance that a person who accepts a digital currency as payment today will continue to do so in the future.

6.7. The volatility and unpredictability of the price of digital currency relative to fiat currency may result in significant loss over a short period of time.

6.8. The nature of digital currency may lead to an increased risk of fraud or cyber-attack.

6.9. The nature of digital currency means that any technological difficulties experienced by Amixy may impact a client’s ability to buy or sell digital assets.

6.10. You are solely liable for unauthorized digital currency transactions, it’s the same that you are responsible for unauthorized cash transactions or unauthorized fiat currency transactions. You should protect your digital currency transactions and your digital wallet with the same care and concern as your cash transactions and your traditional wallet.

7. Product Claims 

Amixy and the User acknowledge that Amixy, and not Apple or Google, is responsible for addressing claims of the User or any third party relating to the App or ATM. Amixy is responsible for providing maintenance and support for the App. 

8. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION 

AMIXY DOES NOT PROMISE THAT THE SITE, ATM`S, OR APP, OR ANY CONTENT, SERVICE, OR FEATURE OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. 

AMIXY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, QUALITY, ADEQUACY OR CONTENT OF ANY INFORMATION OR TOOL ACCESSIBLE USING THE SERVICES OR ANY OTHER WEBPAGE OR WEBSITE, APP LINKED OR REFERENCED ON THE SERVICES, NOR DOES AMIXY MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR ANY OTHER WEBPAGE OR WEBSITE, APP LINKED OR REFERENCED ON THE SITE, APP. THE SERVICES AND THE CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. 

AMIXY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. AMIXY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT. AMIXY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOUR SOLE REMEDY AGAINST AMIXY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES. 

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Amixy reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services for any reason; (2) to modify or change the Services and any applicable policies or terms; and (3) to interrupt the operation of the Services as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability 

IN NO EVENT WILL AMIXY, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS OR PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM ANY USE OR MISUSE OF THE SERVICES, OR RELIANCE ON THE INFORMATION, DOCUMENTS, SOFTWARE OR CONTENT ACCESSIBLE ON THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH ARE REASONABLY FORESEEABLE.  

AMIXY IS NOT RESPONSIBLE FOR ANY ACTIONS, INACTIVITY, FAILURES IN THE WORK OF SERVICE PROVIDERS (PARTNERS), OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BUT WILL HELP IN RESOLVING CONFLICT SITUATIONS BETWEEN SERVICE PROVIDERS (PARTNERS) AND USERS. IF THE SERVICE PROVIDERS (PARTNERS) WORK IS UNSATISFACTORY OR IF THERE ARE FREQUENT FAILURES, AMIXY MAY CHANGE SUCH SERVICE PROVIDER (PARTNER) AND NOTIFY THE USER.

9. Indemnification

You agree to indemnify and hold Amixy, its subsidiaries, affiliates, officers, agents, and representatives, and its and their officers and employees, harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including reasonable attorneys’ fees, disbursements, and court costs) arising from or in connection with your use of the Services, your violation of these Terms of Service, or your violation of any rights of any third party.

10. Term and Termination

These Terms of Use will remain in full force and effect for so long as you use the Services. We may suspend or terminate your right to use the Services at any time for any reason in our sole discretion, including for any use of the Services in violation of these Terms of Use. Upon termination of your rights under these Terms of Use, your right to access and use the Services will terminate immediately. Amixy will not have any liability whatsoever to you for any termination of your rights under these Terms of Use, including for deleting or blacklisting any blockchain network address you provide to use in connection with your use or attempted use of the Services.  

11. Client Support

Contact Amixy. If you have any questions or concerns, contact our Client Support email address at support@amixy.com, or access Amixy’s website, app for live chat. Provide your name, Amixy account number or any other information we may use to identify you, along with the transaction(s) for which you have questions or concerns.

12. Law Enforcement Requests

Amixy will receive requests about its clients from law enforcement agencies. We will respond to any such requests from authorized law enforcement officials with proof of authority. This section will serve as a guide to explain how authorized law enforcement officials can request client information and their corresponding ATM`s activities. 

Amixy reviews each Order to determine whether there is a valid legal basis for the Order. Amixy will only respond to legally valid Orders.

13. Governing Law and Jurisdiction

The laws of Switzerland will govern these Terms of Use, without giving effect to any conflicts of laws principles. You agree that any action arising out of these Terms of Use, or your use of the Services shall be brought in the competent courts of Zurich, Switzerland, and you consent to the jurisdiction of such courts. 

14. General

The communications between you and Amixy shall be made by electronic means, whether you communicate with us by using the Services or sending us emails, or whether Amixy posts notices on the Services or communicates with you via email.  All communications in electronic format will be considered to be "in writing," and to have been received no later than twenty-four (24) hours after posting or dissemination, whether or not you have received or retrieved the communication. Amixy reserves the right to provide communications in paper format. You agree to give us notice of any change of your postal or email address.  

Your consent to receive communications electronically is valid until you revoke your consent by notifying us of your decision to do so. If you revoke your consent to receive communications electronically, Amixy may terminate your right to use the services under these Terms of Use and, as a result your ability to use the Services.  

Severability. If any part of these Terms of Use is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of remaining provisions.

Entire Agreement. These Terms of Use set forth the entire understanding between you and Amixy with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Amixy with respect to such subject matter. 

Changes. Amixy offers the Services to you based on your acceptance of these Terms of Use without modification. Amixy reserves the right and may, from time-to-time, make changes to the Site, the ATM`s, the App, or to these Terms of Use. Any changes or modifications to the Terms of Use will be effective upon upload to the Site, the App. You acknowledge that it is your sole responsibility to review these Terms of Use each time you use the Services to remain apprised of any changes, revisions, or updates. Your ongoing and continued use of the Services, following any revision, change, modification, or update to these Terms of Use, constitutes your acceptance of the modified Terms of Use. 

Force Majeure. Amixy shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond Amixy’s reasonable control and shall not affect the validity and enforceability of any remaining provisions.

15. Contacts

Amixy Suisse AG

Register number: CH-020.3.049.890-9

Usteristrasse 11, 8001 Zürich, Switzerland 

Email: info@amixy.com 

 




PRIVACY POLICY.

PLEASE REVIEW THIS PRIVACY POLICY FOR THE AMIXY SERVICES CAREFULLY. BY ACCESSING THE AMIXY WEBSITE, ANY AMIXY ATM, OR THE AMIXY APPLICATION, YOU SIGNIFY ACCEPTANCE OF THIS PRIVACY POLICY.

IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE SITE, ANY ATM, OR THE APPLICATION.

The purpose of this information notice (the «Privacy Policy») is to inform you («you», «your», «Customer», «User» or «client») about how we and the data processors acting on our behalf, may collect and process personal data and other information concerning you and your use of our Services, as well as security measures we implement to ensure the confidentiality and integrity of your personal data and the rights you have to control throughout your use of our website the Amixy website, hosted at www.amixy.com (the «Site»), Amixy Point ATM Service (the «ATM» or «Amixy Point») and the Amixy application (the «App»), and collectively with the Site and ATM Service, the «Services»). 

Amixy believes that data protection is a fundamental human right, that’s why we take the protection of our users’ personal data and privacy very seriously. Amixy is subject to the provisions of the General Data Protection Regulation (GDPR) of the European Union and the Swiss Privacy Laws. We put a lot of effort into ensuring that these regulations are implemented correctly.  

We place the utmost priority on the security of the data collected by us. We have implemented technical and organisational measures, including AML validation, which aim at ensuring compliance with the data protection regulations by us as well as external service providers. 

1. Changes To This Privacy Policy

1.1. We may, in our sole discretion, modify this Privacy Policy from time to time by posting a revised version at Site, App. If we make any material change to this Privacy Policy, we will notify you by posting a notice on Site and App prior to the change becoming effective and may also elect to send you a text message or an email notifying you of the policy modifications.

1.2. We may provide additional information about data processing practices for specific Services. These notices may supplement or clarify this Privacy Policy, sometimes providing you with additional choices about how we process your data. If you do not agree with or you are not comfortable with any aspect of this Privacy Policy, you should immediately discontinue access or use of our Services. 

1.3. You acknowledge that this Privacy Policy applies only to the Services, ATM and to the use of our website and App, and does not cover any information collected and/or processed by third parties on external websites or sources, of which the link appears on our websites. As a result, Amixy is not responsible for these websites or external sources' activities in the collection and processing of personal data, which shall, where appropriate, be governed by the privacy notices of each of these external websites or sources. 

1.4. We place the utmost priority on the security of the data collected by us. We have implemented technical and organisational measures which aim at ensuring compliance with the data protection regulations by us as well as external service providers. Cutting-edge security technology protects the data and the privacy of each Amixy’s user. All information recorded is exclusively stored in protected data centers. Our data center is located in Germany. 

Furthermore, Amixy is subject to strict data protection laws and uses the TLS protocol for the encryption of data during data transfers on all connections. 

Amixy agrees to notify its users in accordance with the current legislation in the event of a data breach, as a result of which data collected from applications will be compromised. 

2. The Partners

2.1. The services that are provided within the Amixy App, Site, ATM or other Services, are provided by the following partners:

  • Substance Ltd (UK). Company number: 09688671, registered address 30 St. Mary Axe, London, England, EC3A 8BF. Amixy engages Substance Ltd service to identify Amixy users. 

Substance Ltd is equipped with tools that enable completely automatic verification as well as checks based upon human review in line with the current European legislation on non-face-to-face customer identification in the banking industry. Their privacy policy can be found via the following website.

List of documents that may be requested for identification can be found at: https://sumsub.com/supported-documents/identity-docs/ 


  • Dream Finance OU (Estonia). Company number 14783543, registered address Harjumaa, Tallinn, Kesklinna Linnaosa, Viru Valjak, 2-3rd Floor, Metro, 10111, Estonia. Amixy engages Dream Finance OU service to operation with digital currency. Dream Finance OU is authorized to provide services of exchanging a virtual currency against fiat currency and virtual currency wallet service (License No.: FVT000166) by the FIUE. The licenses can be validated on the official website of the Ministry of Economic Affairs and Communications of Estonia. Their privacy policy can be found via the following website


  • AML Corporation Limited (UK). Company number 13020363, registered address 21 Ellis Street, London, London, United Kingdom, SW1X 9AL. AML Corporation Limited performs risk-based due diligence and collects information and documentation on each prospective client in order to assess the risk profile associated. Their privacy policy can be found via the following website

2.2. In order to use the services, you will be asked to agree to the Terms of Use of the partners and to enter your payment account details with the respective partners. For some banking connections, you will be redirected to your bank by the respective partners in order to authenticate yourself. The Terms of Use set out the terms on which you agree to the respective partners accessing information and/or initiating payments from your payment accounts. The partners are subject to EU data protection laws and are required to treat your data in accordance with those laws, as well as their Terms of Use and Privacy Policy. 

3. Personal Data

3.1. Personal information you may provide through the Amixy or otherwise communicate with us includes:

  • Identity information, such as your first name, last name, and username or similar identifier;

  • Country of residence; 

  • Contact information, such as your postal address, email address, and telephone number;

  • Profile information, such as your username and password and preferences;

Purpose

In order to use all of the functions provided by the Services, users are required to provide some information when creating a user account and when concluding their subscription. We require this information in order to be compliant with the EU Money Laundering Directive and other regulations we are subject to. 

The Amixy user account requires you to provide an email address and a password. Furthermore, the following data is collected in order to comply with the relevant anti-money laundering requirements. 

  • Public CryptoWallet address


Purpose

To use the Service, we may request information about the Wallet address. The Amixy also allows you to view your crypto accounts that are not considered payment accounts.

Furthermore, the following data is collected in order to comply with the relevant anti-money laundering requirements. 


  • Geoposition data.

Purpose

Such data is collected solely with your permission on your device and exclusively while using the Site, App. Data is required to access some functions of the Service, such as showing the location of AMIXY ATM`s and the distance, route to them.


  • Feedback and correspondence, such as when you respond to surveys, report a problem with the Service, receive customer support or otherwise correspond with us;

Purpose

Relevant data helps to make the Service better for you and satisfy any of your comments. 


  • Marketing information, such as your preferences for receiving marketing communications and details about how you engage with such communications, including but not limited to, the following channels: marketing partners and resellers; analysis tools (Google Analytics, Firebase Analytics, etc.), advertising partners, and analytics providers; public databases, social networks. 

Purpose

Such information may be collected as statistics and may not identify the user. Relevant data helps to make the Service better for you.

3.2. Information automatically collected

Our systems may automatically record certain information about your use of the Service, such as your Internet Protocol (IP) address, the pages or features of the Service you viewed, the frequency with which you use the Service, the links you click on or use, and other statistics. We collect this information in server logs and by using cookies and similar tracking technologies to analyze trends, administer the website, gather demographic information about our user in aggregate, and deliver advertising.

3.3. Changes to your personal information

If your personal information changes during your relationship with us, you may update your information by updating your account profile or emailing us at privacy@amixy.com.

4. Retention Period

4.1. Amixy only collects personal data to the extent necessary to fulfil our contractual obligations and only for the time necessary to achieve the purposes for which the personal data is collected, in accordance with applicable GDPR and data protection laws. 

4.2. The personal data is therefore stored for at least as long as you’re using the App, Site, ATM. If Amixy no longer requires your personal data, or you request the deletion of your data, we shall delete it and/or take the necessary measures to anonymise your personal data. This does not apply if we are obliged to keep the data for a longer period of time, in particular to comply with legal retention obligations. Art. 958f of the Swiss Code of Obligations requires, for example, that we retain accounting records for ten years, starting from the expiry of the financial year. Furthermore, we are obliged to retain evidence in accordance with the statute of limitations. According to Art. 127 of the Swiss Code of Obligations, the statute of limitations is ten years. Finally, data obtained in order to identify you, in accordance with applicable anti-money laundering laws, need to be retained for a period of 6 years after the end of the business relationship. The legal basis for the processing of this data is the fulfilment of our legal obligations (Art. 6 (1) (c) GDPR).

5. Transfer of personal data to third parties

5.1. Amixy exclusively uses personal data for the purpose of offering the App, Site, ATM. Amixy does not transfer personal data to third parties (other than those where required as part of the services provided by us) without the consent of the user. 

5.2. In the event of data being transferred to third parties within the scope of data processing activities, then such third parties are obliged to adhere to the Data Protection Act or other legal provisions and have been contractually obliged to comply with this privacy policy.

5.3. We may share personal data with a limited number of our service partners. We mandate service partners to support us in providing the App, Site, ATM. These service partners may need to access personal data to perform their services. We authorize such service providers to use the personal data only as necessary to perform services on our behalf or comply with legal requirements. We require such service providers to contractually commit to protect the security and confidentiality of personal data they process on our behalf. 

5.4. We may undertake checks via fraud prevention agencies to manage your account with us. Insofar as we are bound by law or court order to do so, we shall transfer personal data to third-parties authorised to request such information (e.g. courts or law enforcement agencies). We will inform you should this ever be the case, unless we are prohibited to do so by law or official order.

6. International exchange of personal data

6.1. Amixy is a Swiss company with its registered office in Switzerland. The data collected will therefore be processed in Switzerland, whereby the data remains protected by very strict data protection laws. The EU Commission has confirmed with an adequacy decision that Switzerland has an appropriate level of data protection (Decision of the EU Commission 2000/518/EC).

Furthermore, some of our service providers have their registered office outside the EU or Switzerland, so that the applicable laws guarantee a different national level of data protection than that provided for in European or Swiss data protection law. In this case, we shall ensure (e.g. by concluding appropriate contracts) that the service providers concerned guarantee an appropriate level of data protection.

6.2. We are committed to making sure that all of our service providers comply with technical and organisational measures to ensure the protection of personal data.

7. Your rights

7.1. You have the following rights: Access, Correction, and Erasure Requests: You have the right to:

  • contact us to confirm whether we are processing your personal information;

  • receive information on how your personal information is processed;

  • obtain a copy of your personal information;

  • request that we update or correct your personal information; and

  • request that we delete personal information in certain circumstances.

7.2. Right to Object to Processing: You have the right to request that Amixy cease processing of your personal information:

  • for marketing activities, including profiling for statistical purposes where such processing is based on our legitimate business interests, unless we are able to demonstrate a compelling legitimate basis for such processing or we need to process your personal information for the establishment, exercise or defense of a legal claim.

7.3. Right to Restrict Processing: You have the right to request that Amixy limit the processing of your personal information:

  • while we are evaluating or in the process of responding to a request by you to update or correct your personal information;

  • where such processing is unlawful, and you do not want your personal information to be deleted;

  • where we no longer require such data, but you want us to retain the data for the establishment, exercise or defense of a legal claim; and

  • where you have submitted an objection to processing based on our legitimate business interests, pending our response to such request.

7.4. Data Portability Requests: You have the right to request that we provide you or a third party that you designate with certain of your personal information in a commonly used, machine readable format. Please note, however, that data portability rights apply only to personal information that we have obtained directly from you and only where our processing is based on consent or the performance of a contract.

7.5. Submitting Requests: You can exercise these rights by logging into your account or by contacting privacy@amixy.com.  

User has all rights in accordance with applicable GDPR and data protection laws.

Please note, however, that certain personal information may be exempt from such rights pursuant to applicable data protection laws. In addition, we will not respond to any request unless we are able to appropriately verify the requester’s identity. We may charge you a reasonable fee for subsequent copies of personal information that you request. In addition, if we consider that a request is manifestly unfounded or excessive, we may either request a reasonable fee to deal with the request or refuse to deal with the request.

7.6. If you have any concerns about our data practices or the exercise of your rights, you may contact us at privacy@amixy.com or the supervisory authority in the Member State of your residence.

8. Cookies Policy  

8.1. We use cookies and similar technologies like pixels, tags, and other identifiers in order to remember your preferences, to understand how our Site, App are used, and to customize our marketing offerings.

8.2. A cookie is a small data file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. The length of time a cookie will stay on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. We use both types of cookies:

  • session cookies will only stay on your device until you stop browsing;

  • persistent cookies stay on your computer or mobile device until they expire or are deleted. 

We use the following types of cookies on our Site, App:    

  • Strictly necessary cookies. These cookies are essential for you to browse our Site, App and use its features. Without these cookies, some online services cannot be provided.

  • Performance cookies. These cookies collect information about how you use our Site, App. This data may be used to help optimize our Site, App and make it easier for you to navigate.

  • Functional cookies. These cookies allow our Platforms to remember choices you make while browsing and personalize your experience.  

  • Third-party cookies. Third-party cookies are those placed by websites and/or parties other than ours. These cookies may be used on our Site, App to improve our services or to help us provide more relevant advertising. These cookies are subject to the respective privacy policies for these external services. 

  • Analytics cookies. We use analytics cookies, like those offered by Google Analytics.

  • Most web browsers allow you to control cookies through their settings preferences. However, if you limit the ability of websites to set cookies, you may impair your overall user experience, as it will no longer be personalized to you. 

  • In addition to cookies, we sometimes use small graphics images known as pixels (also known as web beacons, clear GIFs, or pixel tags).

9. Contacts 

Amixy Suisse AG

Register number: CH-020.3.049.890-9

Usteristrasse 11, 8001 Zürich, Switzerland 

Email: info@amixy.com