Please, read this User Agreement (“Agreement”) carefully before using the trastra.com website (“Website”), the Trastra Android and IOS mobile applications (the “Apps”), and online services (“Services”) provided through the Website, Apps.
This Agreement is a contract between a user of the Website and Apps (“you”, “your”) and the operator of the Website and Apps – 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: Gedimino pr. 44A-201, Vilnius, LT-01110, Lithuania) (“we”, “us”, “our”, “Trastra”), and applies to all individuals who access or use the Services, including visitors, users and others.
The reference to us and you are hereinafter referred to as the “parties” and separately – as the “party”.
On our Website and Apps, we provide services such as opening and maintaining the Wallet, as well as supporting payment debit card to be issued by Quicko (“Card”), and opening Quicko EUR account for you, maintaining your funds at Nuvei EUR account, in order you could buy, sell and manage supported crypto-assets, as well as apply for Card issue, manage and credit, debit your Card, Quicko EUR account, your funds at Nuvei EUR account, which are integrated with and connected to the Website / Apps. This Agreement governs the Exchange relations with the use of the Card, Quicko EUR account, Nuvei EUR account, and does not govern purchase, sale of crypto-assets relations when your credit or debit card is used by you. For the latter case our Website, Apps refer you to our partner where the buy, sell crypto-assets relations are governed between you and this partner only.
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 immediately cease using our Website and delete our Apps. By accessing or using the Services, you confirm that you were provided with access to this Agreement (by allocation at the Website) before entering into it, and you had sufficient time to review it carefully and copy it if needed.
The terms and conditions of this Agreement constitute a public offer with standard conditions. This offer is considered accepted when you perform actions indicating your consent, such as accessing or using the Services via Website or App, or applying for the Card. By doing so, you agree with the terms and conditions of this Agreement, which is deemed to have been accepted and executed in Lithuania, Vilnius. When applying to us for use of Services through the 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 any unexpected terms and conditions, does not limit your rights or entitlements typically granted in such like agreements, and does not include provisions that would violate the principle of equality between the parties or cause an imbalance in their interests. Furthermore, it is consistent with the principles of reasonableness, good faith, and fairness.
We do not provide fiat / crypto-assets deposit services, and no interest is accrued on the balance of your Wallet. Under this Agreement we do not provide fiat / crypto-assets lending services.
The place of contract formation shall be Lithuania, Vilnius.
By accessing and using our Website / Apps and registering for our Services, you acknowledge that you have read, and agree to all the terms and conditions of this Agreement, as well as any subsequent updates, including our Privacy Policy, Cookies Policy, AML Policy, Vulnerable Customer Policy, Complaints Policy, and any other referenced terms and rules referred to this Website, Apps and Services use.
You may only use the Website / Apps if you are not legally prohibited from receiving our Services under the laws of the Applicable Jurisdiction. By using the Website / Apps you confirm that you are at least 18 years old and legally 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 is governed by and interpreted in accordance with the laws of the Republic of Lithuania. In the event that any provision of this Agreement is deemed inapplicable or unenforceable under the applicable law, the remaining provisions will continue to apply.
This Agreement supersedes all prior discussions, communications, and arrangements on the subject matter.
We reserve the right to modify, update, or revise this Agreement for any lawful, commercial, or technical, or another reason. Unless otherwise expressly stated, such changes will take effect upon publication, and you waive any right to receive specific notice of those changes. Your continued use of the Services after the changes have been made constitutes your acceptance of the updated terms and conditions.
“Agreement” means the contractual arrangement between you and us, consisting of the following documents: the terms and conditions of this User Agreement, all documents referenced within these terms and conditions, including but to any of our policies, documents, 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 or regulation addressing money laundering, terrorism financing, the 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” refers to the Android/iOS mobile application software (including all updates, upgrades, and versions) developed and owned by us, through which you can access our Services under this Agreement.
“Applicable Jurisdictions” means a list of jurisdictions whose residents are eligible to apply for our Services. We reserve the right to modify this list at any time.
“Card” means a payment instrument within the meaning of the UUP of Poland, issued to the Quicko EUR account (debit card) by Quicko, regardless of its form (physical, virtual), with a magnetic strip and/or microprocessor, identifying the issuer and you as a customer, entitling to withdraw cash or make payment in accordance with the provisions of Quicko Regulations.
“Card account” means the account linked to Card opened by Quicko.
“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:
“Crypto-asset” means a digital representation of value or rights which may be transferred and stored electronically, using distributed ledger technology or similar technology. “Distributed ledger technology” or “DLT” means a type of technology that supports the distributed recording of encrypted data.
“Cyber-attack” means a malicious ICT-related incident caused by means of an attempt perpetrated by any threat actor to destroy, expose, alter, disable, steal or gain unauthorized access to, or make unauthorized use of, an asset. “ICT-related incident” means a single event or a series of linked events unplanned by a legal entity that compromises the security of the network and information systems, and have an adverse impact on the availability, authenticity, integrity or confidentiality of data, or on the services provided by the legal entity.
“Encumbrances” means any pledge, suretyship, guarantee, mortgage, charge, lien or any other security, encumbrance over your fiat, crypto-assets, 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 purchase or sale of supported crypto-assets, fiat, in accordance with the Agreement. The Exchange involves transactions where crypto-assets are purchased for fiat or sold for fiat, as determined at the Exchange time.
“Fiat” means any government-issued currency which is commonly 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 may 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.
“Instruction” means your request to transfer crypto-assets from your Wallet to the designated address specified by you in that request.
“Market Abuse” means unlawful behavior in the crypto-assets markets, which consists of insider dealing, unlawful disclosure of inside information and market manipulation. “Market Manipulation” means an act with the intent to improperly influence, directly or indirectly, the price of a crypto-asset (as detailed below). Market manipulation may also consist in disseminating false or misleading information.
“Nuvei” means UAB “Nuvei”, a company incorporated under the laws of the Republic of Lithuania, legal entity code 304445876, registered address at Lvivo street 37-101, LT-09307 Vilnius, the Republic of Lithuania.
“Nuvei EUR account” means the account maintained in UAB “Nuvei”, a company incorporated under the laws of the Republic of Lithuania, legal entity code 304445876, registered address at Lvivo street 37-101, LT-09307 Vilnius, the Republic of Lithuania (“Nuvei”), for the purpose of receiving your fiat funds and for the purposes of the settlement of your transactions.
“Order” means a request to buy or sell a specified amount of a base asset (fiat or crypto-asset) in exchange for the counter asset (crypto-asset or fiat) at the exchange rate defined by us, considering market conditions, available information, our interest fees that we set. . The list of permitted fiat/crypto-asset, crypto-asset/fiat Exchanges is defined by us. Order may be executed at a number of different rates, depending on the factors as the specified amount of base asset, the volume and rates at the market at the time when the Order is submitted and remains open.
“Quicko” means Quicko sp. z o.o. with its registered office in Tarnowskie Góry, at ul. Sienkiewicza 49, 42-600 Tarnowskie Góry, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Gliwice, 10th Commercial Division of the National Court Register, under the KRS number 0000350151, NIP 5213540295, REGON 142004870, holding the license of National Payment Institution number IP52/2021.
“Quicko EUR account” means your IBAN account opened and maintained in your name by Quicko on the basis of Quicko Regulations.
“Quicko Regulations” means
that govern relations between you and Quicko, related to Cards, Card Accounts, Quicko EUR accounts.
“Wallet” means a digital wallet, mean of access to crypto-assets with a unique address, opened, safekept and controlled by us on your behalf, that allows you to view information regarding your crypto-assets balances, manage and dispose your crypto-assets.
“Wallet account” means an access to your crypto-assets with a unique address, access to the dashboard of Trastra Wallet on our Website and/or Apps.
Interpretation:
The Help Center section may be updated periodically on our Website, with updates taking effect upon publication. Please check the latest version.
You confirm that you are a resident of any of the Available Jurisdictions and understand that any changes in your residency or applicable law may affect your status. This could result in your residency no longer being within the Available Jurisdictions, in which case we reserve the right to decline your Orders and terminate relations with you.
You understand and acknowledge that the place of Services provision is Lithuania, the Services are not provided in the Available Jurisdiction where you reside (other than Lithuania). By applying to us from an Available Jurisdiction (other than Lithuania), you are expressly soliciting us for Services.
We do not guarantee or assume responsibility for any crypto-asset values and rates. Because of the uncertainty, unpredictability, and fluctuation nature of crypto-asset, the transactions with and holding of crypto-asset fall within high-risk activity. You undertake to monitor any relevant changes, including, but not limited to, your wallet status and balance.
The Wallet. To set up the Wallet Service, as well as for “know your customer” (KYC) checks, compliance with AML/CTF Requirements, and applicable laws, you must successfully complete the verification process and create your Wallet by providing the necessary information and documentation as requested by us. The information and documents that you provide must be complete, accurate and up-to-date. You agree that we have the right to verify, update, and supplement the information you provide, and may obtain information from third parties to maintain accurate records and comply with relevant regulations and internal policies. If we determine that any information or documentation is incomplete, outdated, or inaccurate, we may contact you for further details. Failure in information or document providing may result in affecting your right to use the Services.
The step-by-step process for setting up your Wallet can be found in the Help Center. You are solely responsible for the safe storage, backup, and use of your password and your email safety.
You acknowledge and agree that when you keep crypto-assets at your Wallet opened with us, you authorize us and we are entitled to safekeep your crypto-assets on your behalf in line with the applicable laws and our internal procedures, governing rules of custody and administration of crypto-assets on behalf of third parties. We shall procure the proper performance of the transactions initiated by you, as set forth in this Agreement, and safety storage of your crypto-assets.
The Card. Currently, our Card ordering is available for residents of Applicable Jurisdictions, as listed 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 displayed on the Card, are accepted. However, acceptance of the Card is not guaranteed by all merchants or businesses for every transaction. Upon ordering and activating the Card, it will be directly linked to your Wallet account associated with our Services.
Referral program. Our referral program allows you to refer others to our Services and earn rewards or incentives when they use your unique referral link. For more detailed information, please visit the Help Center.
To improve the Website / Apps use, we may review, modify, and develop the Services offered, including the list of supported crypto-assets, third-party partnerships, and the terms and conditions of this Agreement, at our discretion. Please regularly check our Website for updates.
The Fees. Our services fees can be found here. The Card fees are available at TRASTRA Fee Information. The Quicko EUR account, Nuvei EUR account fees are determined by Quicko and Nuvei, and are charged separately as defined by them. We reserve the right to change our fees at any time. Any updates regarding fees change will be posted on our Website and/or communicated otherwise. Terms, fees and conditions of Card Service are available at Quicko Regulations (at links indicated above). 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, nor process the payments to and from Card account, Quicko EUR account, Nuvei EUR account. However, we may initiate the deductions, payments needed for the Exchange or for Fees payment or to settle any outstanding indebtedness (which is calculated by us, Quicko, Nuvei) owed to us or Quicko, or Nuve engaged in providing Services to you. 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 Quicko, Nuvei engaged in providing Services to you. Transactions below the minimum fee will not be processed and may result in a negative balance. Additionally, transactions under 2 EUR are non-refundable as per our processes.
In case of Wallet closing, if any crypto-asset balance remains below the minimum withdrawal amount in EUR equivalent, as specified by us and reflected in the App, the balance will be charged as a closing fee and will not be refunded.
Technical requirements. You are required to comply with all our technical requirements related to Services, including installing, updating, and maintaining necessary software, and security procedures.
Electronic form. You acknowledge that any Orders and Instructions you submit in electronic form though the Website or via Apps are considered original written documents. By submitting them, you agree that they are signed by you with your electronic signature, as defined in this Agreement. You accept full responsibility for the security and authenticity of all Order and Instructions you sent and you are bound by them. We treat all Orders and Instructions received via the Website or Apps as having been sent by you.
You understand that Orders and Instructions sent through the Website or Apps are transmitted over the Internet, and may be routed via public, transnational installations which are not specifically protected against unauthorized access, and you accept these risks.
Records. Any records we generate regarding Orders and Instructions are for your information purpose only. If there is discrepancy between the information on the Website or Apps and our records, our records will prevail, unless there is a manifest error.
You may access your Wallet, Card, Quicko EUR account, your funds at Nuvei EUR account transactions history and records through the Website and Apps. It is your responsibility to review these records for any errors. You must promptly notify us of any mistakes or unauthorized Orders and Instructions. If you fail to report any such discrepancies within three days of the relevant Order or Instruction, we may consider them accurate.
You further agree that, in the event of any dispute arising under this Agreement, our records relating to your use of the Services will serve as evidence.
Submitting Order / Instruction. You may only submit an Order/Instruction through our Website or Apps, using the format specified there. Each Order / Instruction shall comply with the minimum and maximum values set by us or in accordance with AML/CTF Requirements and our anti-fraud measures. You understand that in case if an Order/ Instruction exceeds the thresholds prescribed in AML/CTF Requirements or our internal policies with the reference to AML/CTF Requirements, we reserve the right to delay the execution until all necessary information and documents are provided.
Exchange. By submitting an Order, you authorize us, at our discretion, to facilitate an Exchange on your behalf. This may involve engaging with third-party trading venues or utilizing our own assets, funds.
To execute an Order, you must ensure that you have a sufficient balance of the relevant crypto-asset or fiat, free from any Encumbrances or other restrictions, to cover the total value of the Order, including applicable Fees.
Upon initiation of an Order, we will first withdraw the necessary funds from your Card, or from Quicko EUR account, or Nuvei EUR account, or crypto-asset from your Wallet, depending on the nature of the transaction, until the Order is either executed or canceled. When initiating an Order, you must specify the quantity to be bought or sold and understand that the purchase/selling price may vary depending on market prices. If the Order is not performed within a short timeframe, as defined by us, due to factors such as technical issues, price volatility, or liquidity constraints, the Order will be deemed canceled, and the withdrawn funds will be returned to your Card account, Quicko EUR account, Nuvei EUR account, or Wallet, as appropriate.
Order refusal, cancellation. You may cancel an Order you have submitted at any time before it is accepted by us. We reserve the right to refuse, cancel an Order without execution under the following circumstances:
We shall not be liable for any losses or expenses you may incur as a result of our refusal or cancellation of an Order.
Virtual assets transfer. We shall process an Instruction to transfer crypto-assets from your Wallet to another address as specified in an Instruction, provided that your Wallet contains sufficient balance to fulfill the Instruction.
For incoming crypto-asset transfers, we will credit the assets to your Wallet in accordance with the terms and procedures outlined in our internal regulations and this Agreement.
If any crypto-assets or fiat currency are mistakenly credited to your Wallet, Card, Quicko EUR account, or Nuvei EUR account, you must return the erroneously credited amount within three (3) days. The mistake may arise from various causes, including, but not limited to, incorrect recipient address/account details, technical glitch, process problems, third-party attacks, or other external activities. We reserve the right, without prior notice or request, to debit your Wallet, Card, Quicko EUR account, or your funds in Nuvei EUR account, to correct any mistaken credits.
We reserve the right to deny the execution of your Instruction in the following cases:
We may also temporarily pause the fulfillment of an Instruction to verify whether any grounds for denial exist.
We reserve the right to pause for clarification or deny the execution of incoming crypto-asset transfers to the Wallet when required by applicable laws, including but not limited to cases outlined in AML/CTF regulations and our internal procedures.
You authorize us to debit your Card account, Wallet, your Quicko EUR account, and your funds in Nuvei EUR account, whether in fiat or crypto-assets, for the execution of Orders / Instructions execution, as well as for payment of actual indebtedness (which is calculated by us, Quicko or Nuvei) to us or Quicko, or Nuvei engaged in providing Services to you, or in fiat or crypto-asset other than the indebtedness in the amounts equivalent to the amounts in fiat or crypto-asset 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.
If the fiat or crypto-asset debited from your Card account, Quicko EUR account, your funds in Nuvei EUR account, or Wallet differs from the fiat or crypto-asset of your actual indebtedness (as calculated by us, Quicko, or Nuvei), you further authorize us to perform any necessary fiat/crypto-asset sales or purchases at the market rate, as determined by us, to ensure the repayment of your actual indebtedness.
The parties agree that debiting (contractual withdrawal) from the Card account, Quicko EUR account, Wallet, and/or any funds held in the Quicko EUR account shall be carried out using the respective details available to us.
In the event there are insufficient funds or crypto-assets in your Card account, Quicko EUR account, Wallet, or funds on your Nuvei EUR account to fulfill your Orders/Instructions and discharge your existing indebtedness (as calculated by us, Quicko, or Nuvei) to us or Quiko, Nuvei engaged in providing Services to you, we reserve the right to prioritize the debiting (contractual withdrawal) of the Card account, Quicko EUR account, Wallet, and/or funds in the Nuvei EUR account as soon as sufficient funds/assets become available in these accounts, in order to discharge your existing indebtedness to Quicko, Nuvei, and, when there are not sufficient your funds on the Card account, Quicko EUR account, Wallet, Nuvei EUR account, return Orders / Instructions to you as non-fulfilled in connection with insufficiency of amount of funds / assets required for such transactions.
We shall act honestly, fairly and professionally in accordance with the best interests of you, other users of our Services and prospective clients.
We provide you and other users of our Services with fair, clear and not misleading information, in particular in marketing communications.
We shall not, deliberately or negligently, mislead a client in relation to the real or perceived advantages of any crypto-assets.
We warn you, other users of our Services of risks associated with purchasing crypto-assets.
When we hold crypto-assets belonging to you and other users of our Services, we shall make adequate arrangements to safeguard the ownership rights of you, other users of our Services, especially in the event of insolvency.
You must adhere to the terms of this Agreement, including compliance with AML/CTF requirements, applicable legal obligations, the Privacy Policy, Cookies Policy, AML Policy, Vulnerable Customer Policy, Complaints Policy and any other terms and rules referenced on this Website, Apps, and Services on an ongoing basis.
You are responsible for maintaining the confidentiality of your login credentials, including password and access details.
Both you and we are prohibited from engaging in the following activities:
You agree that withdrawals of the crypto-assets from your Wallet are subject to limitations imposed by our internal measures to comply with Lithuanian regulations and to prevent the use of our services for fraudulent activities.
Blocking rights of Trastra. We are entitled to block (meaning to limit your right of withdrawal, transfer, exchange etc.) certain amounts of crypto-assets at your Wallet or fiat at Card account, Quicko EUR amount, your funds on Nuvei EUR account, in the following cases:
In exercising our blocking rights, we will collaborate with you to clarify the situation, and once the issue is resolved, we will lift the blocking as appropriate.
In the event of a threat of withdrawal or foreclosure of blocked amounts, we reserve the right to transfer the blocked amounts to our wallets, accounts, for keeping in trust, until the resolution of the issue that caused the blocking.
You must comply with the terms and conditions of this Agreement, AML/CTF Requirements, applicable law requirements, Privacy Policy, Cookies Policy, AML Policy, Vulnerable Customer Policy, Complaints Policy and any other terms and rules referenced on this Website, Apps and Services, on an ongoing basis.
You are responsible for maintaining the confidentiality of your login credentials, password, and access details.
IF YOU HAVE NO MOVEMENT AT YOUR WALLET AND/OR CARD ACCOUNT, QUICKO EUR ACCOUNT FOR MORE THAN 3 MONTHS, WE RETAIN THE RIGHT, BUT NOT OBLIGED TO, TO LEVY A DORMANCY FEE TO MAXIMUM EUR 15.
THE DORMANCY FEE COULD NOT BE CHARGED MORE THAN ONCE PER YEAR.
FOR DISBURSEMENT OF DORMANCY FEE AND/OR ANNUAL CARD MANAGEMENT FEE WE ARE ENTITLED AT OUR DISCRETION EITHER
1) TO APPLY CONTRACTUAL DEBITING CLAUSE AND APPROACH QUICKO, NUVEI FOR DEBITING THE FEE FROM YOUR CARD ACCOUNT, QUICKO EUR ACCOUNT, YOUR FUNDS ON NUVEI EUR ACCOUNT OR
2) DEBIT CRYPTO-ASSETS FROM YOUR WALLET OPENED WITH US.
THE CONTRACTUAL DEBITING OF THE DORMANCY FEE AND/OR ANNUAL CARD MANAGEMENT FEE DOES NOT WAIVE OUR RIGHT (ALTHOUGH IT DOES NOT OBLIGE US) TO CLOSE YOUR WALLET AND/OR CARD ACCOUNT, QUICKO EUR ACCOUNT.
IF FUNDS ARE CREDITED TO NUVEI EUR ACCOUNT WITH UNCLEAR DETAILS OR AN INDETERMINABLE RECIPIENT, WE RESERVE THE RIGHT TO REQUEST ADDITIONAL DOCUMENTS OR INFORMATION TO CLARIFY THE UNKNOWN DETAILS OR RECIPIENT. IF, WITHIN 2 MONTHS OF RECEIVING THE FUNDS, THE DETAILS OR RECIPIENT REMAIN UNCLEAR, WE WILL TREAT THESE FUNDS AS MISTAKENLY CREDITED OR LACKING A LEGAL BASIS AND WILL RETURN THE FUNDS TO THE SENDER, DEDUCTING ALL RELATED TRANSFER FEES. IF THE REQUIRED DETAILS ARE NOT PROVIDED OR PROCESSED BY THE CUSTOMER’S BANKING INSTITUTION, THE SAME CLAUSE WILL APPLY, AND THE DEPOSIT WILL BE RETURNED.
You are responsible for timely filing all required tax returns and reports, and for ensuring that all applicable taxes are paid. We do not undertake any responsibility for tax filings or payments on your behalf. As a result, users in certain jurisdictions may face limitations in accessing our Services.
You are solely responsible for determining whether taxes apply to any transactions related to the Services, and for withholding, collecting, reporting, and remitting any applicable taxes to the appropriate tax authorities. If you are required by law to withhold any tax from a payment to us, you must increase the payment so that, after the deduction, we receive the full amount owed.
We engage or may engage third parties (including our partners, service providers, contractors, agents, and any other legally established entities), to provide our Services to you.
We reserve the right to transfer, sub-contract, or otherwise assign our rights and obligations under this Agreement, without prior notice to you or your consent. You are not permitted to transfer to any other person, sub-contract, or otherwise assign your rights and obligations under this Agreement.
We are entitled to engage third parties (such as affiliates, other legal entities, independent contractors, agents, consultants etc.) for providing Services to you, supporting Service delivery, or complying with 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 available on our Website and Apps, unless uploaded by Users, is owned, controlled, or operated by our company or relevant third parties, including but not limited to Quicko, Nuvei, other partners, service providers, agents, financial institutions, social media platforms, any other legally organized entities. Such content includes, but is not limited to, text, images, logos, trademarks, graphics, designs, software, data compilations, audio, video, page layout, and any other form of information that can be stored in a computer or device and is displaying on or forms a part of this Website, Apps.
By accessing or using the Website, Apps you acknowledge and agree that such content is protected by copyright, trademarks, and any other intellectual property rights. Nothing on the Website, Apps must be interpreted as granting by implication or otherwise, any license or right to use any logo, trademark, or service mark displayed on our Website, Apps, without the respective owner’s prior written consent. You may not reproduce, modify or amend, copy or replicate, transmit, distribute or otherwise use any content from the Website, Apps, without obtaining prior written consent from the content owner. Subject to these restrictions, you are permitted to view, download for caching purposes only, and print any content from our Website, Apps strictly for your personal, non-commercial use.
You are strictly prohibited from using our Website, Apps and Services if you engage in any of the following behaviors, whether intentionally or unintentionally, including but not limited to:
If you breach any provision of this Agreement, we will take all measures permitted by applicable law in response to the violation. This may include, without limitation, restricting or suspending the provision of Services to you, either wholly or partially, and immediately blocking your access to the Website and Apps.
You use our Services at your own risk and subject to, but not limited to, the disclaimers stated in this Agreement.
We do not act as financial advisors and do not provide legal, tax, investment, or financial advice. You should seek advice from your own independent professional advisors.
Any Services, data, tools on the Website, Apps are provided “as is” and on an “as available” basis. We reserve the right to update the information on our Website and Apps at our discretion. 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 crypto-assets are potentially exposed to legal and regulatory risks, the regime of crypto-assets could be changed by regulations in different jurisdictions, as of now it is impossible to predict their effect.
Crypto-asset 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. Crypto-asset 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 crypto-assets generally will not be reversible, and you understand it all. You also understand and take a risk of crypto-assets unpredicted very high volatility within short period of time, and that the value of a crypto-asset may be completely and permanent lost if the market for this crypto-asset disappears, inability to sell crypto-asset because of lack of liquidity or restrictions / control of governmental authorities.
You also understand that crypto-assets 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 crypto-assets 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 crypto-assets 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 crypto-asset, 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, or any other breach of security by email: [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 acknowledge and agree that we may receive requests or notifications from tax authorities or other governmental bodies and may be required to disclose certain information related to your Orders and Instructions.
Our Website/Apps may include references or links to third-party websites or applications. These references or links are provided solely for general information and your reference purpose. We do not control or endorse these external websites or applications and are not responsible 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 crypto-asset 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 and conditions.
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 in 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 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 under no obligation to take any action that, in our reasonable opinion, could result in a breach of any AML/CTF Requirements. Upon our request, you must provide us with information and documents we reasonably require from time to time to ensure compliance with applicable AML/CTF Requirements. You agree that we may disclose information concerning you to any financial monitoring authority, other governmental authorities, court as required by the applicable law. You acknowledge and agree that we may take sufficient time to review, verify an Order / Instruction, including checking whether your or recipient’s/sender’s name matches with the name of a sanctioned person. You understand and agree that certain information we collect and decisions we make under AML/CTF Requirements are considered secret, and we must not disclose this information or decision to you.
We reserve the right to terminate or restrict your access to our Services immediately, without prior notification, for any reason, including but not limited to any breach of this Agreement.
You are entitled to unilaterally terminate this Agreement with the 5-days’ prior notice, provided that you have no outstanding obligations or indebtedness to us or to Quicko, Nuvei engaged in providing Services to you.
We also reserve the right to unilaterally terminate this Agreement by providing you with the 5-days’ prior notice.
All provisions of the Agreement, that, by their nature, should survive termination shall survive the termination, including, without limitation, Intellectual Property provisions, Disclaimers and Risks Warning, Indemnity, Limitation of Liability, Confidentiality, The Fees of Services clause (with respect to balanced crypto-assets in the Wallet and the transfer of these balances to other wallets), Contractual Debiting (regarding any outstanding Indebtedness owed to us, Quicko, Nuvei engaged in providing Services to you).
If you avoid, refuse, or fail to submit the required information or documents, as requested by us with the reference to AML/CTF Requirements or other applicable regulations or policies, within the specified timeframe, we may, in accordance with our internal policies and control procedures, refuse to execute your Orders/Instructions and terminate our transactions or business relationship with you. In such circumstances, we shall not be liable for any failure to perform our contractual obligations or for any damage resulting from the actions taken in accordance with this Clause. Additionally, immunity from legal proceedings shall apply to our directors, employees, and representatives who, in good faith, report suspected money laundering, terrorist financing, or other suspicious activities.
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 outlined in this User Agreement, and if there is a positive balance in your Wallet, we reserve the right to close the Wallet and keep your crypto-assets by us separately until we receive your instructions for transferring them to an address provided by you.
This User Agreement will remain in effect until your Wallet account is closed, and all outstanding debts to us, as well as to Quicko, Nuvei engaged in providing Services to you, are 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 considered terminated until your Wallet is closed, and all debts are settled, unless we choose to close the Wallet despite any outstanding obligations. In such a case, the termination notice will expressly state that the Wallet is being closed notwithstanding the outstanding debts.
If your account is closed for any reasons and the balance of refundables owed to you occurs to be lower than out-coming refund transaction fee, such balance will be deemed as non-reimbursable and withdrawn as closing fee.
Unless otherwise specified, the Agreement is governed by 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 final 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 arising from it, may be waived only in writing. Any delay or failure by a party in execution of any of the provisions or rights under the Agreement 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, e-mails and other software 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, or other acceptable for us software 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 send all communications, agreements, documents, notices, disclosures, and confirmations to you via the Website, Apps, e-mail, telephone calls, SMS, other messages through any other electronic means as we deem appropriate. 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 time the call is made.
Your notices and communications are effective when we actually receive them in legible form. If that occurs after 5:00pm (UTC + 2) 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) in that place on the next business day at our locations and takes effect from that time unless a later time is specified.
FROM TIME TO TIME WE MAY INITIATE ENQUIRIES WHERE YOUR APPROVAL IS REQUIRED, FOCUSING ON MATTERS DEEMED CRUCIAL AND REQUIRING YOUR APPROVAL. EACH SUCH ENQUIRY SHALL BE CONCISE, AND CLEARLY COMMUNICATED, ENSURING ITS PROPER DELIVERY. IN THE ABSENCE OF ANY WRITTEN OBJECTIONS FROM YOU WITHIN 14 DAYS OF SENDING SUCH OF ENQUIRY, IT WILL BE CONSIDERED AS HAVING RECEIVED YOUR APPROVAL. CLAUSE GOVERNING “NOTICES” SHALL APPLY TO THE ENQUIRIES AS WELL.
Use of Abusive Language: We are committed to fostering respectful and constructive communication across our Services. Our support team is trained to provide professional, high-quality assistance, and we expect the same level of respect from our users. We strongly encourage users of our Services to express their concerns calmly and politely, thereby enabling us to provide them with the best possible assistance.
We urge users of our Services to engage in polite and constructive communication, treating others with kindness and courtesy. We strictly prohibit the use of any abusive or offensive language directed towards our staff, other users, or our company. This includes, but is not limited to, profanity, derogatory language, harassment, threats, or personal attacks.
By using our Services, users agree to maintain a respectful tone and refrain from any abusive conduct.
If abusive language is used during a user support request, we reserve the right to discontinue the conversation and may restrict the access to our Services. Additionally, we may take the following measures:
Should any user persist in using abusive language, we retain the right to cancel their Wallet, restrict their usage of our Services, and report their abusive behavior to authorized authorities. We also reserve the right to remove any content that contains abusive language or behavior, or that violates our community guidelines or policies.
If you come across any instances of abusive language or behavior while using our Services, please promptly notify us. We will conduct a thorough investigation and take appropriate action.
We are fully committed to creating a safe and welcoming environment for all users, and we treat reports of abusive behavior with utmost seriousness. If you ever feel intimidated or uncomfortable, please do not hesitate to reach out to our support team.
