Terms of Service

Last updated: these terms apply from the date you open or join a deal room.

1. Who we are

"pokz", "we" or "us" means the independent middleman service operated from Portugal that provides this website and the deal rooms available on it. "You" means any party who opens or joins a deal room. "Counterparty" means the other party to your transaction.

2. Nature of the service

pokz acts as a neutral third party between two parties to a private transaction. We receive an instruction, record the agreed terms, hold the buyer's side of the exchange, and release it in accordance with those terms.

pokz is not a bank, payment institution, e-money issuer, licensed escrow agent, investment firm or insurer. We do not provide financial, investment, tax or legal advice, we do not guarantee the quality, legality, title or fitness of anything traded, and we do not act as agent for either party.

3. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract. You must act on your own behalf, or with authority to bind the person you represent. You must not be subject to any applicable sanctions regime.

4. Deal rooms and access

Each transaction is handled in its own deal room. Access to a room is granted through private keys contained in the room address. The creator key is issued to the party who opens the room; the invite key is issued once and admits a single counterparty.

You are responsible for keeping your access link confidential. Anyone holding an unused invite link can join the room as the counterparty. pokz is not liable for loss arising from a link that you disclose, forward, publish or lose.

5. Instructions and recorded terms

Only instructions given inside the deal room are recognised. Instructions given by any other channel are not binding on pokz. Where the parties disagree on what was agreed, the terms recorded in the room prevail.

Both parties must confirm: the subject of the transaction, the amount and currency, the delivery deadline, the specification or condition, and the inspection window. pokz will confirm those terms in the room before the buyer's side is secured.

6. Holding and release

1. The buyer transfers the agreed amount by the method confirmed in the room.
2. pokz records the deal as funds secured. Nothing is released at this point.
3. The seller performs and posts proof of delivery in the room.
4. The buyer accepts, or raises a defect, within the inspection window. Silence past the window is acceptance.
5. On acceptance, pokz releases to the seller less the agreed fee. On a timely defect, the dispute procedure in clause 8 applies.

Value is held in a segregated manner as an accommodation to the parties. It is not a deposit, it does not earn interest for you, and it does not create a banking relationship.

7. Fees

Fees are those published on the Fees page or the bespoke fee quoted in the room, and are confirmed by both parties before the buyer's side is secured. Unless the parties record a different split, the fee is shared equally. Third-party transfer, network, conversion, shipping and insurance costs are not included and are borne by the parties.

No fee is charged for a room that is abandoned before the terms stage. Where a transaction is cancelled after the buyer's side is secured but before delivery, pokz may retain a reasonable administration charge, stated in the room before cancellation is actioned.

8. Disputes between the parties

If a defect or non-delivery is raised in time, pokz will set an evidence deadline for both parties. pokz will review the recorded terms and the evidence submitted and issue a written, reasoned decision determining how the held value is released. The parties agree that this decision is final and binding for the purpose of the release only, and does not extinguish any right either party may have against the other at law.

pokz may decline to decide, and may return the held value to its source less costs incurred, where the evidence is inadequate, where the transaction is outside our accepted scope, or where a legal or regulatory obligation prevents release.

9. Prohibited transactions and conduct

You must not use the service for anything set out in our AML and Prohibited Use policy, nor to harass, threaten, defame or defraud any person, nor to disguise the origin of funds. pokz may suspend or close a room, refuse a release, retain records and report to the competent authorities where it has reasonable grounds for suspicion, without liability to you.

10. Verification

pokz may at any time require identity or source-of-funds information proportionate to the transaction, and may suspend the transaction until it is provided. Refusal to provide requested information is grounds for returning the held value to its source and closing the room.

11. Liability

Nothing in these terms excludes liability for fraud, for death or personal injury caused by negligence, or for any liability that cannot lawfully be excluded, including non-excludable rights of consumers under Portuguese law.

Subject to that, pokz is not liable for: the acts, omissions, solvency or honesty of your counterparty; the quality, legality, title, description or fitness of what is traded; loss of profit, business, opportunity, data or reputation; or any indirect or consequential loss. Our total aggregate liability arising out of any transaction is limited to the greater of the fee we received for that transaction and the amount we then hold for that transaction.

12. Suspension and termination

pokz may refuse any instruction, and may suspend or terminate access, at its discretion, in particular where a transaction is outside accepted scope, where verification fails, or where these terms are breached. Rooms holding no value may be closed at any time.

13. Records

Message records, terms and decisions are retained as set out in the Privacy Policy so that concluded transactions can be evidenced. You consent to that retention.

14. Changes

These terms may be updated. The version in force for a transaction is the version published when the deal room was opened.

15. Governing law and jurisdiction

These terms and any non-contractual obligations arising from them are governed by Portuguese law. The courts of Portugal have exclusive jurisdiction, save that a consumer may bring proceedings in the courts of their place of residence where mandatory law so provides.

16. Severability and entire agreement

If a provision is held unenforceable, the remainder continues in force. These terms, together with the terms recorded in your deal room, form the entire agreement between you and pokz in relation to that transaction.