Please, read this User Agreement (“Agreement”) intently before using the trastra.com (“Website”), Android and IOS mobile Apps of Trastra (the “Apps”), and online services (“Services”) operated and rendered via these Website, Apps.
This Agreement is a contract between the Website and Apps User (“you”, “your”) and the Website and Apps operator – TRASTRA EU UAB (a company duly incorporated in the Republic of Lithuania as a provider of activities of a virtual currency exchange operator and a custodian virtual currency wallet operator under company number: 306044056, with a registered address at: Vilnius, Eišiškių Sodų 18-oji g. 11) (“we”, “us”, “our”, “Trastra”), and applies to all persons, visitors, users and others who access or use the Services.
By accessing or using the Services you agree to accept and comply with all and any terms and conditions of this Agreement. If you disagree with any part of this Agreement, you should forthwith cease to use our Website and delete our Apps. By accessing or using the Services you confirm that the access to the terms and conditions of this Agreement are given to you (by allocation at the Website) before the Agreement execution with you and you had a time to review them in advance carefully, and could copy them easily.
The terms and conditions of this Agreement is an offer to the public, which contains standard conditions. This offer is accepted when actions expressing your will are performed, like start accessing or using the Services via Website or App, or an application for Card receipt, meaning that you agree with the terms and conditions of this Agreement, in Lithuania, Vilnius. When applying to us for use of Services via Website or App functionality, it shall equal to Agreement execution in writing, equivaling due communications exchange via Website or App and we confirm that we guarantee the protection of the communication text and a signatory can be identified.
By accessing or using the Services you confirm that the Agreement does not contain surprising conditions, does not exclude your rights and possibilities that are commonly granted in such like agreements, does not establish other provisions which violate the principle of equality of parties, cause imbalance in the parties’ interests, or are contrary to the criteria of reasonableness, good faith and justice.
By default, under this Agreement we do not provide fiat / cryptocurrency deposit services and do not accrue any interest on the balanced amounts at the Wallet. But we are entitled to decide to accrue such interest with the right to change the interest rate and termination of interest accrual. We are also entitled to start offering deposit services. Under this Agreement we do not provide fiat / cryptocurrency lending services.
The place of contract forming shall be Lithuania, Vilnius.
By using our Website / Apps and registering for our Services you must read, agree with and accept all of the provisions of this Agreement and any further updated versions afterwards, including our Privacy Policy, Cookies Policy, AML Policy, and any other terms and rules referred to this Website, Apps and Services use.
You may use the Website / Apps if you are not a person barred from receiving our Services under the laws of the Applicable Jurisdiction. By using the Website / Apps you warrant and represent that you are at least 18 years old and authorized to enter into agreements by law.
You are allowed to register only one Wallet account on our Website / Apps and not have had a previous Wallet account with us that was blocked. Thus, any additional Wallet account may be suspended.
This User Agreement shall be governed by, construed, interpreted, and enforced in accordance with the laws of the Republic of Lithuania.
This Agreement provisions may be not applicable exclusively in the case where the applicable and governing law prevails or supersedes. If any provision of this Agreement is or is found to be inapplicable or unenforceable under the law, that will not affect the applicability or enforceability of the other provisions of this Agreement.
This Agreement replaces all prior discussions and arrangements that might have taken place in that regard.
We reserve the right to alter, vary and revise the provisions and terms of this Agreement, whenever lawfully, commercially, technically, whatsoever driven, as the case may be. Such revised or updated versions shall apply from the date of publication, unless otherwise expressly stated, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Service shall constitute your acceptance of such changes or modifications.
“Agreement” means the agreement between you and us that is made up of the following documents: these terms and conditions of this User Agreement, all the references in these terms and conditions to any our document, Fees, costs, Help Center section, any addendum and other rules, notifications, guidelines, terms, agreement or other document designated by us to form part of the Agreement etc.
“AML/CTF Requirements” mean any law related to money laundering, terrorism financing, proliferation of weapons of mass destruction, sanctions, tax evasion, fraud, bribery, corruption, the trafficking of arms, humans or wildlife, drugs, evasion of sanctions, slavery and any other financial crime regulation.
“App” means the Android / IOS mobile application software (with all updates, upgrades, versions etc.) developed, owned by us which allow you to access our Services under this Agreement.
“Applicable Jurisdictions” means a list of jurisdictions which residents can apply to us for Services. We are entitled to change the list.
“Card account” means the account linked to the Card opened by UAB “Finansinės paslaugos „Contis“ for the purpose of entering all credits and debits received or incurred by the cardholder, under these Terms & Conditions of UAB “Finansinės paslaugos „Contis“ – TRASTRA Card Terms and Conditions.
“Confidential Information” means any information disclosed by one party (“Disclosing Party”) to another party (“Receiving Party”) of this Agreement and unknown to the public (irrespective of its source or form of communication). Confidential information includes Exchanges, Wallet, transactions information, technical, business, operational, legal, marketing, financial, corporate and any other information that cannot be seen publicly and cannot be obtained by third parties legally from other sources. By default, all the information shared between the Parties is treated confidential, given its nature and character, unless otherwise is defined by this Agreement, the Disclosing Party or by the law. Confidential Information also includes proprietary or confidential information of any third party that may disclose such information to the Disclosing Party. Confidential Information does not include:
“cryptocurrency” or “virtual asset” means asset of civil rights having value and is expressed by a set of data in electronic form capable of being transferred, stored and traded on a peer-to-peer basis, without conditions or limitations, approved by us from time to time for use in connection with the Exchange, other Services. The list of cryptocurrencies allowed by us for the Exchange and other Services under this Agreement are defined by us and could change from time to time. Virtual assets do not include fiat.
“Cyber-attacks” includes, but without limitation, interventions by way of social engineering, Forks, phishing, hacking, smurfing, sybil attacks, distributed denial of service, malware, misinformation campaigns, spoofing, majority-mining, consensus-based or other mining attacks, double spending etc.
“Encumbrances” means any pledge, suretyship, guarantee, mortgage, charge, lien or any other security, encumbrance over your fiat, cryptocurrencies, whether imposed under the agreement, or regulations, or governmental authorities or enforcement of a judgment, which gives another person, institution a priority or advantage over creditors including any right of set-off.
“Exchange” means the buy, sell of supported cryptocurrencies, fiat, in accordance with the Agreement. The Exchange is a cryptocurrency/fiat or fiat/cryptocurrency order transaction defined at the Exchange time.
“Fiat” means any asset that is a government-issued currency which is customarily used and accepted as a medium of exchange in its country or territory of issue. The list of fiat currencies allowed by us for the Exchange, other Services are defined by us and could change from time to time.
“Force Majeure Event” means any event that is beyond our and your reasonable control and prevents us and you or delays us or you from performing the obligations under the Agreement, including, but not limited to: earthquake, fire, explosion, flood, landslide, lightning, epidemics, pandemic, acts of war and terrorism, declared or undeclared, civil disorder, embargoes, natural disasters, failure or interruption in the Internet, cyber-attack, public and private communications networks and facilities, adoption of or any change in applicable law, or the public statement or action by any governmental authority etc.
“Fork” means a change in the existing source code or the creation of new or additional source code for a blockchain, that could result in more than one version of that cryptocurrency, material changes in the function, value, name of that cryptocurrency etc.
“Instruction” means your request for virtual assets transfer from your Wallet to the address provided by you in such a request.
“Market Misconduct” means insider dealing, market manipulation, price rigging, prohibited transaction disclosure, false trading, any dishonorable or dishonest conduct, conduct which is consistent with just and equitable principles of trade or other activity which is defined as the market misconduct under this definition under the applicable law.
“Order” means an order being a request to buy or sell a specified quantity of a base asset (fiat or cryptocurrency) for the counter asset (cryptocurrency or fiat) at the exchange rate defined by us based on the available market information, conditions, other information, our interest fee we define on case-by-case basis. For Exchange processing we act as your mandatary, or commission agent or otherwise, and our remuneration for Exchange processing is included into the exchange rate. List of types of fiat/cryptocurrency, cryptocurrency/fiat allowed Exchanges is defined by us. Order may be executed at a number of different prices, depending on the base asset amount specified, volume and prices of orders at the market at the time when an Order is submitted and remains open.
“Wallet” means our software or software and hardware set being virtual assets wallet with the unique addresses provided to you by us, that provides you with information about the virtual assets belonging to you and the ability to dispose of them in the system of ensuring the turnover of virtual assets.
“Wallet account” means an access to your dashboard of Trastra Wallet on our Website and/or Apps.
Interpretation:
The Help Center section may be updated by us from time to time on the Website, which apply from when they are published on the Website. Please check the latest published version.
On our Website and Apps, we arrange provision of the Wallet and the Trastra payment card, facilitated by our partner(s), in order you could buy, sell and manage supported cryptocurrencies, as well as apply for, manage and load money onto a Trastra Debit Visa payment card (the “Card”) and this Card is integrated with and connected to the Website / Apps. This Agreement governs the Exchange relations with the Card use and does not govern buy, sell cryptocurrencies relations when another credit or debit card is used by you. For the latter case our Website, Apps refer you to our partner where the buy, sell cryptocurrencies relations are governed between you and this partner only.
You confirm that you are a resident of any of the Available Jurisdictions and understand that changes in your place of domicile or applicable law may result in falling your residency from the Available Jurisdictions, where we are entitled to decline your Orders and terminate relations with you.
You understand and acknowledge that the place of Services providing is Lithuania, the Services are not provided in the country from Available Jurisdictions (other than Lithuania) where you reside; when you apply to us from Available Jurisdictions (other than Lithuania) it means that you solicit us for Services.
We cannot pledge or assume responsibility for any cryptocurrency values and rates. Because of the uncertainty, unpredictability, and fluctuation nature of cryptocurrency, the transactions with and holding of cryptocurrency fall within high-risk activity. You undertake to monitor any changes relevant to this activity, including but not limited to your Wallet state and balance.
The Wallet. To set up the Wallet Service, as well as for “know your customer” checks, and fulfillment of AML/CTF Requirements and all applicable law, you need to pass the verification process successfully and create your Wallet, and provide us with the information and documentation required by us. The information and documents that you provide must be complete, accurate and up-to-date. You agree that we are entitled to verify, append the information you provide to us, obtain information on you ourselves or from third parties, for the up-to-date maintenance of our records, or to comply with applicable regulations, internal policies etc. If at any time we believe that your information or document is incomplete, outdated or inaccurate, we are entitled to contact you and request further information, documents. Failure in information or document providing may result in affecting your right to use the Services.
You can be provided by the algorithm of the Wallet setting-up actions in the Help Center section. You will be solely and absolutely responsible for the safe storage, back-up and use of your password and your email safety. We advise to have minimum two-factor authentication and you understand the risk related to one-factor authentication.
Authorizing us to use cryptocurrency. You acknowledge and agree that when crediting cryptocurrency at your Wallet opened with us, you authorize us and we are entitled to manage your cryptocurrency (with exercising the validation rights and/or voting rights etc.), in line with the applicable laws and our internal procedures, plans, and you delegate us to it. However we shall procure the proper performance of the transactions initiated by you, as set forth in this Agreement, and safety of your cryptocurrency. As a result of such delegation, entitlements, we could procure the perpetual increase of the quality of Services, develop them, form safety reserves, pay rewards (if any) to you (defined by us) etc.
Purchase of cryptocurrency. You may purchase cryptocurrency by exchanging available funds on your Card account or using another credit or debit card. Cryptocurrency will be added to your Wallet as soon as Cryptocurrency exchange from available funds on your Card account has been confirmed by the cryptocurrency network. Payment for cryptocurrency by card does not facilitate immediate purchase of cryptocurrency, as banking processing takes reasonable time and may be subject to AML screening by involved banking institutions. However, there is no guarantee that every card payment will be accepted for cryptocurrency purchase.
The Card. Currently, our Card is available to be ordered only by residents from Applicable Jurisdictions according to the supporting list in the Help Center section, but the Services providing place is Lithuania. The Card Service enables you to make payment transactions wherever prepaid debit cards, issued by the card network shown on the Card, are accepted. However, there is no guarantee that every merchant or business operator will accept your Card for a given transaction. When you order and activate the Card, it will be linked directly to your Wallet account opened with our Services.
Referral program. A referral program is a form of affiliation where you may refer other clients to use a service for the incentive or profit that is given as a reward every time they use your unique Referral link. You can find more detailed information in the Help Center section.
To improve the Website / Apps use, we may consider to review, vary and develop offered Services, cryptocurrency(-ies) list, the third parties, vision and the terms of this Agreement, at our own discretion. Please, check our Website on a regular basis to keep updated in that regard.
The Fees. Services fees can be found here. Card Fees Table is available at TRASTRA Fee Information. We reserve the right to change the fees from time to time. The information of the fees update will be allocated at Website and/or informed otherwise. Terms, fees and conditions of Card Service are available at TRASTRA Card Terms and Conditions. The above fees are referred to as the “Fees”. By this Agreement we do not provide the services of banking accounts opening, maintenance and closing, not process the payments to and from the Card account, but we could initiate the deductions / payments needed for the Exchange or for Fees payment or initiate debiting funds in the amount of your indebtedness (which is calculated by us) to us or our partners/vendors engaged in providing Services to you. By ordering a Card via Trastra Website/App to your Wallet, you authorize us to initiate immediate deduction/withdrawal funds for the Exchange purpose, as well as for payment of Fees, other fees, costs, expenses, compensations etc. towards us and/or our partners/vendors engaged in providing Services to you.
In case of Wallet closing and where a cryptocurrency balance per each type of cryptocurrencies remains, at the Wallet closing date, below the EUR amount equivalent fixed by us and reflected in App as a minimum withdrawal amount, the fee for the Wallet closing shall be in the amount of such balances and shall not be redeemed by us.
Technical requirements. You are required to comply with all our requirements related to Services, namely, installing, updating, maintaining of software etc., and security procedures.
Electronic form. You acknowledge that all Orders and Instructions given by you in electronic form are original documents in writing and when submitted on the Website or via Apps, they shall be treated as signed by you with your electronic signature as set forth in this Agreement. You accept full responsibility for the security and authenticity of all Order and Instructions sent by you and you are bound by these Orders and Instructions. We treat all the Orders / Instructions received via the Website or Apps are yours, and shall not verify that such Orders / Instructions are in fact yours.
You understand that Orders / Instructions transmitted via the Website or Apps are transmitted via the Internet and may be routed via public, transnational installations which are not specifically protected against unauthorized access, and you accept these risks.
Records. All records about Instructions / Orders, provided by us in connection with the Services are for your information only. If there is inconsistency between the information available on the Website or Apps, and the information in our records, the information in our records will prevail unless there is a manifest error.
You may access your Wallet and Card transactions history and records on the Website and Apps. You are responsible for checking the records for errors. You must report any mistaken or unauthorized Orders / Instructions to us as soon as possible. If you do not report such Orders / Instructions to us within three days of the date of an Order / Instruction, we may treat it as correct.
You acknowledge and agree that in case of any dispute arising in connection with this Agreement, our records relating to your use of the Services shall form evidence.
Submitting Order / Instruction. An Order / Instruction can only be submitted by you, via Website or Apps in the format defined there. An Order / Instruction shall comply with the minimum / maximum values as defined by us or appropriate AML/CTF Requirements and/or our antifraud controls. You understand that in case of an Order/ Instruction transfer for the thresholding amounts fixed by AML/CTF Requirements or our internal policies with the reference to AML/CTF Requirements, we are entitled not to execute an Order / Instruction till receipt of some information / documents required by us at our total satisfaction.
Exchange. For an Order execution we are authorized by you, at our discretion, to perform Exchange for your account with third parties, via proper cryptocurrencies exchange platforms, or in own position.
For an Order execution you must have enough balance of the relevant cryptocurrency or fiat, free of any Encumbrances or other limitations, for covering the total value of the Order and any Fees.
Upon an Order initiation we, first, withdraw the funds from your Card or cryptocurrency amount from your Wallet, depending on transaction character, until that Order is executed or canceled. When an Order initiation you shall define the quantity to be bought or sold and understand that the purchase/selling price may vary depending on market prices. If, for any reason (technical disruption, price volatility, lack of liquidity etc.), the Order has not been performed within some short timeframe defined by us, the Order shall be treated as canceled and we shall return the withdrawn funds to the Card account or Wallet appropriately.
Order refusal, cancellation. You may cancel an Order that you have submitted at any time before the Order is accepted by us. We could refuse, cancel an Order without execution if:
We shall not be liable for any losses or expenses you may incur because of our refusal, cancellation of an Order.
Virtual assets transfer. We shall accept an Instruction and fulfill the cryptocurrency transfer from your Wallet to another address specified in an Instruction, provided that the amount of the cryptocurrency balance on the Wallet is sufficient to fulfill your Instruction.
In case of incoming cryptocurrency transfers we shall credit assets to the Wallet within the terms and in compliance with the procedure established by our internal regulations and this Agreement.
You shall return us cryptocurrency/fiat mistakenly credited to your Wallet/Card within 3 days. This mistake could occur for various reasons, including, but not limited to, wrong recipient address/account, technical glitch, other technical, process problems, attacks/activities of third parties etc. We are entitled, without prior notice/request, to directly debit your Wallet for the amounts mistakenly credited to your Wallet, as well as your Card for the amounts mistakenly credited to your Card.
We are entitled to deny execution of your Instruction in the following cases:
We are entitled to pause an Instruction fulfillment for clarification to check whether the circumstances for denial do not exist.
We are entitled to pause for clarification, deny execution of crediting incoming virtual assets transfers to the Wallet in cases provided by the applicable laws, in particular in cases defined in the AML/CTF Requirements, our internal procedures.
You authorize us to debit your Card account and Wallet in the fiat, cryptocurrency for Orders / Instructions execution, as well as for payment of actual indebtedness (which is calculated by us or our partners/vendors) to us or our partners/vendors engaged in providing Services to you, or in fiat or cryptocurrency other than the indebtedness in the amounts equivalent to the amounts in fiat or cryptocurrency of actual indebtedness, and all our expenses, Fees, other charges (if any), which are for Exchange purpose, or related to Exchange or other Services provided under this Agreement. In cases cryptocurrency / fiat debited by us from your Card account, Wallet differs from the cryptocurrency / fiat of your actual indebtedness (which is calculated by us or our partners/vendors), for repayment of such indebtedness, you authorize us to perform a proper cryptocurrency / fiat sale/purchase for your account and at market rate defined by us, in the amount necessary for repayment of such indebtedness.
Debiting (contractual withdrawal) of the Card account and / or Wallet shall be made using your Card account, Wallet details available to us.
The Parties hereby agree that if there are insufficient funds on Card account and Wallet to fulfill your Orders / Instructions and to discharge your existing indebtedness (which is calculated by us or our partners/vendors) to us or our partners/vendors engaged in providing Services to you, we shall be entitled first priority to debit (make contractual withdrawal) the Card account and Wallet as soon as funds/assets are available on the Card account and Wallet in order to discharge your existing indebtedness to us/our partners/vendors, and, when there are not sufficient funds on the Card account and Wallet, return Orders / Instructions to you as non-fulfilled in connection with insufficiency of amount of funds / assets required for such transactions.
Rights and Obligations
You must comply with the terms and conditions of this Agreement, AML/CTF Requirements, applicable law requirements, Privacy Policy, Cookies Policy, AML Policy, and any other terms and rules referred to this Website, Apps and Services, on an ongoing basis.
You are responsible for keeping your log-in/password/access details etc. confidential.
You and we shall not:
You agree that the withdrawal of the cryptocurrency from your Wallet is limited by our internal implemented measures, all with the purpose to deter the use of our Services for fraud related activities as per the Lithuanian regulation.
Blocking rights of Trastra. We are entitled to block (meaning to limit your right of withdrawal, transfer, exchange etc.) some amounts of cryptocurrency at Wallet and/or fiat at Card account in the following cases:
When blocking rights execution, our team collaborates with you for clarification and, upon the reason solving from those set forth above, we skip the blocking.
If a threat of withdrawal, foreclosure of blocked amounts occurs, we are entitled to transfer the blocked amounts to our wallets, accounts, for keeping in trust, till termination of the reason for which such blocking right occurred.
You must comply with the terms and conditions of this Agreement, AML/CTF Requirements, applicable law requirements, Privacy Policy, Cookies Policy, AML Policy, and any other terms and rules referred to this Website, Apps and Services, on an ongoing basis.
You are responsible for keeping your log-in/password/access details etc. confidential.
You and we shall not:
You agree that the withdrawal of the cryptocurrency from your Wallet is limited by our internal implemented measures, all with the purpose to deter the use of our Services for fraud related activities as per the Lithuanian regulation.
Blocking rights of Trastra. We are entitled to block (meaning to limit your right of withdrawal, transfer, exchange etc.) some amounts of cryptocurrency at Wallet and/or fiat at Card account in the following cases:
When blocking rights execution, our team collaborates with you for clarification and, upon the reason solving from those set forth above, we skip the blocking.
If a threat of withdrawal, foreclosure of blocked amounts occurs, we are entitled to transfer the blocked amounts to our wallets, accounts, for keeping in trust, till termination of the reason for which such blocking right occurred.
You shall timely file or cause to be filed all tax returns and reports required to have been filed and has paid or caused to be paid all taxes required to have been paid. We do not undertake any taxation agency or reporting obligations related to your filing or paying taxes. Due to our abstention from such taxation agencies or reporting obligations, residents of some territories shall experience limitations of our Services.
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions associated with the Services and to withhold, collect, report and remit the amounts of taxes to the appropriate tax authorities. If any applicable law requires you to deduct any tax from a payment to us, the amount shall be appropriately increased so that, after making the deduction, we receive the amount we would have received if no deduction had been required. If any tax authority requires us to make a deduction or withholding on any payment due to you, you agree to immediately reimburse us for the amount of any such deduction or withholding.
We use or may use facilities of the other relevant third parties (our partners, service providers, contractors, agents, any lawfully and legally organized and acting entities), in order to provide our Services to you.
We may transfer, sub-contract, or otherwise deal with your rights and obligations under this Agreement, without prior notice to you or your consent. You may not transfer to any other person, sub-contract, or otherwise deal with your rights and obligations under this Agreement.
We are entitled to engage third parties (affiliates, other legal entities, independent contractors, agents, consultants etc.) for providing Services to you, for sub-contracting for Services support or fulfillment of requirements of our internal policies and applicable law.
Third-party services and links are provided to you in cases set forth in the Agreement, or if related to the Services or for convenience. You acknowledge and agree that we are not responsible for any such third-party services, their completeness, timeliness, accuracy, legality, validity, quality etc. We are only responsible for reasonable care in the selection of such a party.
The Agreement does not create or confer any rights or benefits enforceable by any third party, save for assignees, permitted successors.
All content included in our Website and Apps, unless uploaded by Users, is the property of and controlled or operated by our company and/or that of other relevant third parties (our partners, service providers, agents, financial institutions, social media, any lawfully and legally organized and acting entities), whether registered or unregistered. Therein, content means, including but not limited to, any text, images, logos, trademarks, graphics, designs, software, data compilations, audio, video, page layout, and any other form of information capable of being stored in a computer and any other device and that appears on or forms a part of this Website, Apps.
By using the Website, Apps you realize and accept that such content is protected by copyright, trademarks, and any other intellectual property rights. Nothing on our Website, Apps shall be construed as granting by implication, estoppel or otherwise, any license or right to use any logo, trademark, or service mark displayed on our Website, Apps, without the owner’s prior written consent. You must not otherwise reproduce, modify or amend, copy or replicate, transmit, distribute or use any data of the Website, Apps content without the respective owner’s prior written consent. Subject to these restrictions, you may only view, download for caching purposes only, and print any content from our Website, Apps for your own personal use.
You are strictly prohibited from our Website, Apps and Services use where and if you behave, intentionally or unintentionally, as follows, including but not limited to:
If you breach this Agreement regarding any of its provisions, we will take measures to the fullest possible extent permitted by law regulations with regard to any admitted violation or infringement. Pursuant to this, without limitation, we are entitled to restrict/block providing Services to you, wholly or partly, block your access to the Website, Apps immediately.
You use our Services at your own risk and subject, but not limited, to the disclaimers stated in this Agreement.
We are not acting as a financial advisor, do not provide legal, tax, investment and financial advice for you and you should consult your own independent professional advisors.
Any Services, data, tools on the Website, Apps are provided “as is” and on an “as available” basis. We make a decision ourselves when to update information on the Website, Apps. To the maximum extent permitted by the law, we provide no expressed or implied warranties of accuracy, compatibility, reliability, wholeness, integrity, the usefulness of our Website, Apps. Any reliance you place on such information is therefore strictly at your own risk.
You understand and agree that the cryptocurrencies are potentially exposed to legal and regulatory risks, the regime of cryptocurrencies could be changed by regulations in different jurisdictions, as of now it is impossible to predict their effect.
Cryptocurrency trading and holding is a high-risky engagement and you confirm that you are aware of and acknowledge this and act at your own discretion considering and estimating, without limitation, your personal skills, market conditions, and your financial state. Neither we nor our relative third parties shall be held liable in that regard for any of your activities outcomes resulting from your use of the Services. Cryptocurrency is not a legal tender, may not be backed by physical assets or guaranteed by a government, some of them may not circulate freely or widely, loss or stolen cryptocurrencies generally will not be reversible, and you understand it all. You also understand and take a risk of cryptocurrencies unpredicted very high volatility within short period of time, and that the value of a cryptocurrency may be completely and permanent lost if the market for this cryptocurrency disappears, inability to sell cryptocurrency because of lack of liquidity or restrictions / control of governmental authorities.
You also understand that cryptocurrencies rely on various types of distributed ledger technology, some of which is open source software that is built upon experimental technology – blockchain, and you take the risk of cryptocurrencies technical flaws in the technology, targeting by malicious persons, fraud or Cyber-Attack, changes in the consensus protocol or algorithms etc.
You understand and accept the risks, that cryptocurrencies may be subject to Forks or attacks on the security, integrity or operation of networks, which are beyond our control, that could impact price / value of a cryptocurrency, lead to the network / platform shutdown. You agree that in the case of Fork we could temporarily suspend any access to the Services or Exchange.
You understand that the use of the App on a Jailbroken device may result in problems with security and lead to fraudulent transactions.
While we use reasonable endeavors to ensure that the Website, Apps are secure and free of errors, viruses and other malware, we do not warrant or guarantee in that regard. Users take responsibility for their own security, that of their personal details and their computers, and any other potential or obvious risks. You commit yourself to notify us immediately of any unauthorized access to your Wallet, Card account or any other breach of security by e-mail: [email protected] or another communication method as notified by us to you.
You acknowledge and accept the risk of any Orders, Instructions being unauthorized or given by an unauthorized person, the risk that the Order, Instruction could be processed twice if you send the same Orders, Instructions in different forms and the risk that any information sent by electronic means cannot be guaranteed to be secure or free from virus or delay.
You acknowledge and agree that the relationship between you and us set forth in the Agreement or connected with it do not create any fiduciary, trustee or equivalent duties on our part in your favor, there are no duties that would oblige us to take more responsibilities than those set out in the Agreement. The Agreement does not create any kind of partnership, joint venture, advisor, agency or trustee relationship or any similar relationship between you and us.
You understand and agree that we may receive requests, notices from tax and other authorities and may be required to provide certain information about the Orders, Instructions.
On our Website / Apps we include or may include the references or links to the third parties’ websites, apps. These references or links are or may be declared, published and exposed/displayed on our Website / Apps solely for general information and your reference purpose. We, thus, do not control outbound websites, apps, nor take responsibility for their content. We are not responsible for any hyperlinked Internet sites through this Agreement or Website or Apps, and are not responsible for any losses incurred in connection with those sites.
You understand that, if a transaction is made in any cryptocurrency issued by a party subject to foreign laws or transactions made on markets in other jurisdictions, some restrictions, deductions could be imposed by governmental authorities related to exchange controls, moratoriums or other actions imposed. Given this, before Orders, Instructions submission you should satisfy yourself about any relevant rules or laws.
You acknowledge and agree that (a) our representations and warranties contained in this Agreement are the sole and exclusive our representations and warranties in connection with the Services contemplated by this Agreement, (b) all representations and warranties, express or implied, of any nature whatsoever, other than those specifically set forth in this Agreement are specifically disclaimed, and (c) any data, information or any other materials or information provided or addressed to you or your representatives are not and shall not be deemed to be or to include representations or warranties.
By using the Website, Apps, you hereby consent to our disclaimers contained in this and other clauses of the Agreement and agree to their terms.
We will not be held liable to you in respect of any losses in connection with our Website, Apps and Services, the Agreement, arising out of Force Majeure Event. You will not be held liable to us in respect of any losses in connection with this Agreement, arising out of Force Majeure Event.
Nothing under this Agreement will limit or exclude your liability for fraud or fraudulent misrepresentation, or any of your liabilities in any way that is not permitted under the law.
To the maximum extent permitted by law, we or our relevant third parties accept no liability to you in connection with the Website, Apps and Services for any of the following, including but not limited to:
You hereby are held liable to indemnify us or our relevant third parties (our partners, service providers, agents, financial institutions, if and where applicable, any lawfully and legally organized and acting entities) indemnified against any losses, damages, costs, liabilities and expenses. You will be liable for indemnification regarding, without limitation, legal expenses and any amounts paid by us to other relevant, applicable, involved party for any legal advice in litigation or dispute resolution incurred as a result of your breach of this Agreement or anybody’s rights when using our Website, Apps or Services rendered through hereof.
We are not obliged to do anything if it, in our reasonable opinion, would, or might result in a breach of any AML/CTF Requirements. Upon our request you shall provide us with information and documents reasonably required by us from time
to time, and as necessary in order for us to comply with any applicable AML/CTF Requirements. You agree that we may disclose any information concerning you to any financial monitoring authority, other governmental authorities, court when required by the applicable law. You understand and agree that we may take sufficient time to review, verify an Order / Instruction, your or recipient’s/sender’s name matches with the name of a sanctioned person. You understand and agree that some information collected, decisions taken are treated secret under AML/CTF Requirements and we could not disclose this information, decision to you.
We may terminate or limit your access to our Services instantly, without prior notification, for any reason whatsoever, without limitation, if you breach the Agreement.
You are entitled to unilaterally terminate the relations with us under this User Agreement with the 5-days’ prior notice, in case of no your indebtedness towards us and our partners/vendors engaged in providing Services to you.
We are entitled to unilaterally terminate the relations with you under this User Agreement with the 5-days’ prior notice.
All provisions of the Agreement, which by their nature should survive termination shall survive termination, including, without limitation, Intellectual Property provisions, Disclaimers, Indemnity, Limitation of Liability, Confidentiality, The Fees of Services clause (in respect of balanced cryptocurrencies on Wallet and transfer of these balances to other wallets), Contractual Debiting (in respect of Indebtedness payable to us, our partners/vendors engaged in providing Services to you).
If you avoid, refuse to submit or fail to submit satisfactorily the information / documents required by us with the reference to AML/CTF Requirements, other regulation or policies, at our request and within the specified time limits, we may, in accordance with internal policies and internal control procedures, refuse to execute Orders/ Instructions and terminate the transactions or business relationship with you. In such case we shall not be responsible to you for the non-fulfilment of contractual obligations and for the damage caused in the course of performing the duties and actions specified in this Clause. Immunity from legal proceedings shall also apply to our directors, other employees, representatives who report, in good faith, information about suspected money laundering or terrorist financing or suspicious money.
We are entitled, at any time, without liability, to:
if:
In case of our unilateral decision to close your Wallet, terminate relations with you, as such cases as itemized in this User Agreement, if a positive balance remains available on your Wallet, we are entitled to close the Wallet and transfer and keep your cryptocurrencies at our own wallet till receipt of your instructions on their transfer to the address provided by you.
This User Agreement will remain in effect until your Wallet account is terminated and any outstanding debt to us and our partners/vendors engaged in providing Services to you is paid in full, despite the provisions in this User Agreement addressing termination notice. If the termination notice is sent, the User Agreement will not be regarded as having ended for you until your Wallet account is canceled and any debt to us and our partners/vendors engaged in providing Services to you has been properly paid, unless we decide otherwise and we close your Wallet account despite any outstanding indebtedness to us or our partners/vendors engaged in providing Services to you (in such a case, we shall mention in the termination notice that despite outstanding indebtedness we close your Wallet account).
Unless otherwise specified, the Agreement is governed by the Lithuanian law.
For any dispute or claim connected with the Agreement, you and we agree to first contact each other and attempt to resolve the claim informally.
If the amicable solution has not been found, any dispute, controversy, difference or claim arising out of or relating to the Agreement, including the existence, validity, interpretation, performance, breach or termination thereof, shall be subject of finally resolution by an appropriate court.
Should you have any questions about this Agreement, please contact us at: [email protected]
Waivers. A provision of the Agreement, or right created under it, could be waived only in writing. The delay of execution or non-execution of any of the provision or right set forth in the Agreement by any party shall not be interpreted as a waiver.
Assignment. You may not assign, transfer your rights or obligations under the Agreement without our prior written consent. We may assign, transfer rights and obligations without your prior written consent.
Entire agreement. The Agreement constitutes the entire agreement between the parties with regard to its subject matter.
The Agreement supersedes all other prior arrangements, and agreements relating to the same subject matter.
E-signatures and contracts in e-form. When Orders / Instructions are initiated by you, as well as for various communication, documents signing between the Parties, you and we agree to refer to and trust electronic signatures (which do not meet the requirements for the qualified electronic signature) affixed via Website, Apps, DocuSign, smallpdf, e-mails and other services proposed by us. Such electronic signatures shall have the equivalent legal effect, validity, admissibility and enforceability of a handwritten signature. You acknowledge and agree that you are satisfied with the documents which are electronically executed. You agree with the electronic communications between you and us. The Parties understand and accept the risks connected with the use of electronic signatures which do not meet the requirements for the qualified electronic signature, and recognize the documents signed with such signatures as legal, binding for them. We and you agree that an e-signature mentioned in this clause can be in form of pushing a button “exchange”, “send”, of another similar button confirming an Order, or Instruction or order of other Services, and / or one or two-factor authentication (PIN code, log-in, google authenticator code, biometrics, OTP etc.), any other button, or sending a statement via email confirming the terms and conditions of data logically associated with such statement, or e-signature inserted via Website, App, DocuSign, smallpdf or other acceptable for us platforms allowing e-signatures insertion, all could be used by the signatory to sign.
Confidentiality. The Receiving Party will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of the Disclosing Party. We are entitled to disclose the Confidential Information to our employees, officers, owners, contractors, advisors, affiliates, consultants, auditors and other third parties (the “Engaged Entities”) only 1) if it is required for the Services providing or for services providing by third parties to you under reference set forth in this Agreement or otherwise, fulfillment of internal procedures of either party related to such business relations, legal requirements, and 2) in the scope based on a need-to-know basis and 3) if we procure that the Engaged Entities have an obligation and technical, other capability to protect the Confidential Information with the same or better care as / than set forth in this Agreement. The disclosure of the Confidential Information is allowed without the consent if such disclosure is authorized under the law, legally binding judicial or governmental order/proceeding, provided, that the Receiving Party give the Disclosing Party prompt notice of such disclosure prior to disclosure, cooperate with the Disclosing Party in the event that the Disclosing Party elects to contest such disclosure or seek a protective order with respect thereto. Terms and conditions of personal data protection are reflected in the Privacy Policy.
Notices. You authorize us to deliver all communications, agreements, documents, notices, disclosures and confirmations to you via Website, Apps, e-mail, through any other electronic means as we deem fit, or via telephone calls, SMS, other messages. It is your responsibility to ensure that the details of these communication methods are correct and they are operational and available for receipt of all communications and you shall notify us of any changes to the details of the communication methods as soon as practicable after the change is made. In some cases, our communications may only be posted on the Website or Apps.
Communications take effect from the time they are received or treated as received (whichever happens first) unless a later time is specified in the communication. Communications are treated as received:
(i) if sent by email – when we receive an automated message confirming delivery; or 4 hours after the time sent unless we receive a delivery failure receipt;
(ii) if posted on the Website or Apps – at the time of posting;
(iii) if delivered via telephone SMS, other messages or other electronic means – 4 hours after we send it;
(iv) if delivered via telephone calls – at the calling time.
Your notices and communications are effective when we actually receive them in legible form. If that occurs after 5:00pm (UTC + 2 time) in the place of receipt or on a non-business day at our locations, the relevant notice or communication is taken to be received at 9.00am (UTC + 2 time) in that place on the next business day at our locations and takes effect from that time unless a later time is specified.
