Terms and Conditions

Please read these Terms and Conditions carefully, as they set out our and your legal rights and obligations in relation to the exchange of your Cryptocurrency to Fiat Currency and vice versa. You will be asked to agree to these Terms and Conditions before making an exchange and using the Services.

These Terms and Conditions are available in the English language only. You should print a copy of these Terms and Conditions and retain it for future reference. We will not file a copy specifically in relation to you, and they may not be accessible on the Merchant Portal in the future. These Terms and Conditions may change, and if they do, we will give you a 60 days’ notice. At the end of this notice period, by using the Services you will be deemed to have accepted the new Terms and Conditions.

By signing up to use the Services through the website located at https://ppayco.in/ or any related website, features, products, APIs, or mobile application (if applicable), you hereby agree that you have read, understood, and accept any and all provisions under these Terms of Conditions, as well as, the Privacy Policy and the Cookie Policy.

Certain Definitions. For purposes of and under these Terms of Conditions, the following terms shall have the following respective meanings:
1. “Business Day” – a calendar day that is not a Saturday, a Sunday, a national or a public holiday.
2. “Merchant” or “you” – a legal person, who is party to these Terms and Conditions and has used or has requested from the Company to use the Services.
3. “Company”, “us”, “our”, or “we” – FincryptOU UAB, a private limited company incorporated and operating under the laws of the Republic of Lithuania and registered with the State Enterprise Register under registry code 306068445, having its registered seat at Gedimino pr. 20, Vilnius, 01103, Lithuania. The Company holds an operating authorization for providing services of exchanging a virtual currency against a fiat currency, issued by the Financial Intelligence Unit and the State Enterprise Register.
4. “Cryptocurrency” – the virtual value accepted by the Company. The list of Cryptocurrencies accepted by the Company is available on the Merchant Portal.
5. “Exchange Rate” – the price of one Cryptocurrency, which is the basis for the Transaction toward the Fiat Currency and vice versa. The Exchange Rate used is obtained automatically from the website.
6. “Fee” – the fee payable by the Merchant to the Company for the execution of a Transaction or use of Services. The Fee rates are available on the Merchant Portal.
7. “Fiat Currency” – the government-issued currency that is accepted by the Company. The list of Fiat Currencies accepted by the Company is available on the Merchant Portal.
8. “Force Majeure Event” – an event, or a series of related events, that is outside the reasonable control of the Company (including failures of or problems with the Internet or a part of the Internet, hacker attacks, virus or other malicious software attacks, blockchain network, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars).
9. “Limit” – the maximum amount that the Company has set for the Merchant’s Transaction, within which the Merchant can exchange Cryptocurrencies and Fiat Currencies.
10. “Order” – a form specified by the Company and filled by the Merchant to initiate a Transaction.
11. “Party” or “Parties” – under these Terms and Conditions, separately the Company or the Merchant, or jointly the Company and the Merchant.
12. “Service(s)” – Cryptocurrency and Fiat Currency exchange in the course of which the Company performs the Transaction on the basis of the Order.
13. “Transaction(s)” – fulfilment of the buying or selling order given by the Merchant to the Company for conversion of Cryptocurrency into Fiat Currency, or vice versa.
14. “Wallet” – a location where the Cryptocurrencies are deposited.
15. “Merchant Portal: – a web-based online exchange and operated by the Company.
General.
1. The purpose of these Terms and Conditions is to establish the terms and conditions for offering the Services, i.e. conversing Cryptocurrency into Fiat Currency, or vice versa, as well as to determine the remuneration to the Company for the Services.
2. To use the Services, the Merchant must have legal capacity to enter into agreement. If you wish not to be bound with these Terms and Conditions, you shall not submit the Order or use the Services.
3. By using the Services, the Merchant agrees to pay the Fees as detailed below in the applicable Section.
4. The availability of certain countries may change from time to time and without notice due to regulatory requirements, conditions in the country or circumstances otherwise beyond our control. The unavailable counties will be published on the Merchant Portal.
5. For the avoidance of doubt, the Company does not provide any investment advice, trading advice, recommendations, guidance, or any other schemes, in regard to the Services. The Company is not your broker, intermediary, agent, or tax advisor and it has no fiduciary relationship or obligation to you in connection with any decisions or activities effected by you in the use of the Services.
6. You must comply with all applicable laws, regulations, licensing requirements and third-party rights (including, without limitation, data privacy laws) in the course of using the Services. It is your exclusive responsibility to ensure that your use of the Services is compliant with the applicable laws and regulations.
Eligibility, Registration, Verification Process
1. You must be at least 18 years of age, and live in a country whereby the Services are accessible, you have a sound mind and capable of forming binding contract under the applicable laws, can obtain responsibility for your decisions and actions, and have the full legal capacity to accept these Terms of Conditions and enter into Transactions involving Cryptocurrency.
2. If you act as an agent or representative of any legal entity, and enter into these Terms of Conditions (on their behalf), you represent and warrant that you have obtained or will cause to obtain all of the required documents, protocols, consents, rights and authorizations to bind such legal entity.
3. You hereby represent and warrant that any information and data provided are true, current, complete and not misleading, and you have never been previously suspended, removed, or banned from using the Services or otherwise.
4. You will be asked to provide identification information to ensure your identity. This may include, but not be limited to the name and surname of the Merchant’s representative or employee, date of birth, place of birth, sex, address of residence, citizenship, identity document type and number, country and authority that issued the identification document, date of expiry of identification document, company name, company seat, company identification number, details about the management board, supervisory board, shareholders and ultimate beneficial owners.
5. You may, at any time and at our entire discretion, be required to provide verification documentation to satisfy us. This may include but not be limited to a copy of the Merchant’s and or Merchants representative passport, company documentation and/or bank statements. We reserve the right to verify the information the Merchant have provided to us against independent third-party databases and/or service providers to check its validity and accuracy.
6. We reserve the right to request any additional information at our sole discretion from you. We may, in our sole discretion, refuse to open any Wallet, limit the se of the Services, terminate, suspend, or freeze the Wallet, or any pending Transaction, and review any data or information, and any document uploaded or submitted by you.
7. You expressly agree and represent that you will use the Services for your own personal and non-commercial use, and not on behalf of any other third party (without our prior written consent and except where it is permitted by applicable law). You acknowledge that it is prohibited to register multiple or linked accounts. Without derogating from the above, you entirely aware and accept any responsibilities derived from actions, activities, acts or omissions of any third party with access to your account or Wallet, you expressly acknowledge that any action performed by any third party shall be considered to be an action authorized by you. For the avoidance of doubt, you agree that you will not hold us responsible for, and will indemnify us from, any liability arising out of or related to any act or omission of any third party with access to your Wallet.
Cryptocurrencies and Fiat Currencies Exchange Services
1. The Services are designed to give the Merchant the opportunity to buy or sell Cryptocurrency for Fiat Currency and vice versa. The Merchant will not be able to exchange Cryptocurrency for another Cryptocurrency via the Merchant Portal.
2. Subject to these Terms and Conditions, the Company undertakes to provide the Services to the Merchant using reasonable care. As stated, aforementioned, the Services may not be available in whole or in part in certain regions, countries, or jurisdictions.
3. When entering the Order, the Merchant can specify the amount of Cryptocurrency or Fiat Currency.
4. By default, when entering the Order, the Merchant Portal will provide an Exchange Rate automatically that is informative and non-binding. Exchange Rate will be calculated at the time the Transaction is executed on the blockchain.
5. To submit the Order, the Merchant will need to fill all the required fields. The Order is submitted by clicking on the “Create invoice” button.
6. The Merchant shall pay the Fees to the Company for the use of the Services as indicated in the Transaction information. The Fee payment shall be added automatically to the Merchant’s Order sum.
7. After submitting the Order, the Company shall provide the Merchant information via email to identify the Merchant’s person and Wallet or Bank account address according to the Company’s AML and/or KYC procedure. The Merchant shall adhere to the specific instructions provided in the email.
8. If the Merchant has not passed our AML and/or KYC procedure and/or we have declined the Merchant’s Order, for whatever reason, any pending Orders will be cancelled immediately.
9. We do not guarantee that the Orders will be fulfilled, and we may, at our own discretion, retract or withdraw the Order if it is deemed suspicious, or for any other reason we deem relevant, to regulate the orderliness of the market.
10. Once the Order has been submitted via the Merchant Portal, it will not be cancellable or reversible.
11. If the Merchant has passed our AML and/or KYC procedure, the Merchant shall, without undue delay but not later than within 5 Business Days, transfer the invoiced Transaction sum with the Fees to the provided Wallet or bank account address.
12. After receiving funds as specified, the Company shall transfer the Transaction sum to the provided Merchant’s Wallet or bank account address without undue delay, but no later than within 7 Business Days.
13. The ownership of the Cryptocurrency shall be transferred to the Merchant when the Cryptocurrency has been transferred to the Wallet.
14. The Company will inform the Merchant about the successful and unsuccessful Transactions.
15. The Transaction may be subject to limits of maximum allowed amounts per a 24-hour period.
16. When you purchase any supported Cryptocurrency, you authorize us to debit funds using your selected payment method to complete each Transaction, and when you sell any supported Cryptocurrency, you authorize us to debit your Wallet and to send instructions to credit your selected payment method. You are responsible for maintaining sufficient credit limits in order to avoid fees that may be charged by your payment provider.
Merchant’s Representations and Obligations
1. provide false, inaccurate, or misleading information; or
2. refuse to provide confirmation of any information the Merchant provides to us (including proof of identity), or refuse to co-operate in any investigation, or use an anonymising proxy (a tool that attempts to make activity untraceable).
3. In connection with your use of the Services, the Merchant represents and warrants that the Merchant will provide the Company with true, accurate, current and complete identity information and, where requested, further documentation to verify the Merchant’s and/or Merchant’s representative identity.
4. The receipt of the transfer of the Cryptocurrency or Fiat Currency to the Wallet or bank account respectively provided by the Merchant shall not amount to the receipt of cleared funds. The Merchant shall be liable for the full amount of Transaction and any Fee deduction therefrom if the Transaction is stopped or reversed for any reason by the Merchant. Should the Transaction be thus stopped or reversed, the Company shall first debit the reversal amount from the Merchant ‘s Wallet or next Transaction. If the Company is unable to fully recover the reversal amount from the Merchant Wallet (including any Cryptocurrency transferred into it after the reversal), the Merchant is required to repay the reversal amount and/or any negative balance of the Merchant’s Wallet by uploading sufficient funds into the Merchant’s Wallet. Repayment of the reversal amount and/or any negative balance is due immediately. Failure to do so is a breach of these Terms and Conditions and the Company shall have a right to terminate these Terms and Conditions immediately without prior notice.
5. When the Merchant is buying or selling Cryptocurrencies or Fiat Currency under these Terms and Conditions, it is the Merchant’s responsibility to make sure all the transfer details are accurate before submission. Once a transfer has been submitted for processing, it is normally no longer possible to change any of its details. The Merchant will be given the opportunity to confirm the Order before submission, and the Merchant must check the details carefully. Please note that Cryptocurrency transactions are irreversible. We will attempt to process any transfer request promptly, but a transfer may be delayed for a number of reasons, including but not limited to the Merchant’s ability to provide us with correct information and compliance with our identity verification procedures.
6. When using the Services, the Merchant will comply with these Terms and Conditions as well as any applicable laws, rules or regulations in force in any relevant jurisdiction. It is a breach of these Terms and Conditions to use the Services in connection with illegal activity including without limitation money-laundering, fraud and the funding of terrorist organisations, or to use Cryptocurrencies to circumvent any capital controls within the Merchant’s home jurisdiction.
7. If the Company has any reason to suspect that the Merchant uses the Services in connection with illegal activity, the Company may report the Merchant to any appropriate legal and/or regulatory authorities.
8. When using the Services, the Merchant will not:
9. You are responsible for the payment of any taxes related to any revenue the Merchant generate from using the Services.
10. You as a legal person are responsible for compliance with any and all AML and/or KYC requirements and obligations set out in Directive (EU) 2015/849, Directive (EU) 2015/2366 and any other European Union or national legislation or regulations that apply to the Merchant’s activities. Since the Company may be obliged to investigate and/or report the origin and subsequent movement of the funds being exchanged on its Merchant Portal, we will rely on the respective information gathered by the Merchant as part of the Merchant’s AML and KYC procedures.
11. You undertake to provide us, at our request, with all the relevant information and documents gathered by the Merchant as part of the AML and KYC procedures concerning any and all funds that participate in Transactions performed on our Merchant Portal, and the persons related to those transactions. Specifically, the Merchant undertake to provide us, at no charge and without delay, with the information about the identity, background and relations of such persons and the origin and movement of such funds, as may be required by the legal acts or any other acts and regulations applicable to the Company, including those that are specific to the Republic of Estonia.
12. In order to assure that our AML and KYC compliance obligations may be fulfilled through obtaining the relevant information gathered by the Merchant, we will perform a due diligence of the Merchant’s AML and KYC procedures, and subsequently every period we deem fit. The Merchant will allow us, at no charge, to perform such a due diligence by providing us or our representatives, at our request, access to the Merchant’s AML and KYC policies and procedures, allow us to review and test the respective processes, and verify the collection and storage of the required information and documentation.
13. The Merchant will keep us current and updated on any changes to the Merchant’s AML and KYC policies and procedures and the respective processes.
14. Should the Company incur liability or face charges or be fined for failure to comply with AML and KYC regulations, if this failure resulted from the Merchant breaching the obligations set out in sections above, the Merchant undertake to compensate the Company fully for any direct and indirect costs or losses thus incurred, and for any costs or losses that the Company may incur in relation to filing and/or execution of the respective claim in any institution or court of law in any jurisdiction.
Intellectual Property and Merchant Content
1. The Merchant Portal and Services, the content, and all intellectual property relating to and contained in them (including but not limited to copyright, patents, database rights and trademarks – if applicable) are owned by, or licensed to Company. All right, title and interest in and to the Merchant Portal and the Services shall remain the property of Company and/or the property of such other third parties.
2. The Merchant Portal and Services may be used only for the purposes permitted by these Terms and Conditions. the Merchant may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Merchant Portal or Services without Company’s express written permission.
3. Merchants may post, upload, or otherwise contribute content to the Service (which may include, for example, pictures, text, messages, information, titles, descriptions and compilations, and/or other types of content) (“Merchant Content”). You promise that, with respect to any Merchant Content you post, (1) you own or have the right to post such Merchant Content, and (2) such Merchant Content, or its use by the Company as contemplated by these Terms of Conditions, does not violate these Terms of Conditions or any other rights set forth below, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your Merchant Content by the Company, or entity or individual without express written consent from the Company or such individual or entity. The Company may, but has no obligation to, monitor, review, or edit Merchant Content. In all cases, the Company reserves the right to remove or disable access to any Merchant Content for any or no reason, including Merchant Content that, in the Company’s sole discretion, violates the Terms of Conditions. The Company may take these actions without prior notification to you or any third party. Removal or disabling of access to Merchant Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific Merchant Content. You are solely responsible for all Merchant Content that you post. The Company is not responsible for Merchant Content nor does it endorse any opinion contained in any Merchant Content. You acknowledge and agree that posting any Merchant Content that violates these Terms of Conditions may result in immediate termination or suspension of your Wallet. YOU AGREE THAT IN THE EVENT ANYONE BRINGS A CLAIM AGAINST THE COMPANY RELATED TO MERCHANT CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WILL INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
Processing of Personal Data
1. Personal data of the Merchant or any other persons related to and under these Terms and Conditions shall be processed in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation) and Company’s Privacy Policy. Detailed information regarding processing of personal data by the Company, and information about data subjects’ rights and their implementation may be obtained from the Privacy Policy available at Merchant Portal.
2. You acknowledge that the Privacy Policy is an integral part of these Terms of Conditions, and by using the Services, you agree that you have read, understood, and accept the Privacy Policy.
Security and Viruses
1. Your email address and password will be used to access the Merchant Portal and the Services (i.e. to review any pending or completed Transaction, and to fill Orders, and sign electronically your Transactions).
2. You are solely responsible for maintaining the strict confidentiality and the security of your password and Wallet information. You may not disclose your password to any other person or third party, and you are solely responsible for any use of, or action taken, under your password on the Wallet. You understand that any compromise of your login information may expose your Wallet to unauthorized access which might cause a substantial damage, loss or theft of funds from your Wallet.
3. We may enable a second factor authentication feature, provided that you must verify you phone number to enable the second factor authentication. You understand that you are responsible for keeping safe any electronic devices used to access the Wallet or Services, and to maintain security measures and control of your personal security details.
4. We take security seriously and work hard to make sure that the Merchant’s information remains secure. If the Merchant is aware of anyone or any entity that is using the Services inappropriately, please contact us. Similarly, if the Merchant receives any emails or other messages, purporting to be from Company, which the Merchant suspect may be “phishing” (fake) messages, please forward them to us by email.
5. We do not guarantee that the Merchant Portal will be secure or free from bugs or viruses.
6. You must not misuse the Merchant Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. the Merchant must not attempt to gain unauthorised access to the Merchant Portal, the server on which the Merchant Portal is stored, or any server, computer or database connected to the Merchant Portal. The Merchant must not attack the Merchant Portal via a denial-of- service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing the Merchant’s identity to them. In the event of such a breach, the Merchant’s right to use the Merchant Portal and/or Services will cease immediately.
7. You are fully aware that we will not be held responsible for any damages or losses you may suffer due to any result of compromise to your Wallet or login credentials when you fail to follow or act upon any notices or alerts that we may send, and when no fault caused or made by us. We do not promise or guarantee to send any alert notification, and you waive any claim or demand in such matter, and under any circumstances, the Company shall not be held liable for any incident when there is no fault caused by it.
Sanctions
1. The Company’s offered Services and Merchant Portal may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State, UN sanctions, the European union Sanctions list.
2. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; (2) not a denied individual or party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions; (3) you are not in, under the control, or reside and live in Iran, Sudan, North Korea, Cuba, or Syria or any other country subject to United States embargo, UN sanctions, the European Union or HM Treasury’s financial sanctions regimes.
3. You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not directly or indirectly acquire, sell, export, re-export, transfer, divert, or otherwise dispose of any Services, products, software, or technology (including products derived from or based on such technology) received from the Company or associated third-parties under these Terms of Conditions to any destination, entity, or person prohibited by any applicable laws or regulations of the EU and the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
Third Party Software, Website and Technology
1. The use of our Services may be integrated with or may interact with third party applications, APIs, software, technology, websites, and contents (“Third-Party Systems”), in order to make our Services available to you. These Third-Party Systems may have their own terms and conditions of use and privacy policies, and your access or use of these Third-Party Systems will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that the Company does not endorse and is not responsible or liable for the behaviour, features, services, or content of any Third-Party Systems or for any Transaction you may enter into with the provider of any such Third-Party Systems, nor does The Company warrant the compatibility or continuing compatibility of the Third-Party Systems and devices with our provided Services.
2. The Company makes no warranties, representations or guarantees regarding the time required to complete processing any request provided by you using any Third-Party Systems, including using debit/credit cards and bank accounts that are entirely dependent upon factors beyond our control. Without derogating from the above, the Company shall make reasonable efforts to process your requests in a timely manner.
3. You acknowledge and agree that the owners of the Services are intended beneficiaries of these Terms of Use and have the right to enforce the Terms of Conditions directly against you. Other than as set out in this section, these Terms of Conditions are not intended to grant rights to anyone except you and us, and in no event shall the Terms of Conditions create any third-party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of these Terms of Conditions are not subject to the consent of any other person.
4. You acknowledge, understand and accept that we make use of a third party service providers to help with processing Transactions ordered by you. For the avoidance of doubt, you hereby confirm that we may provide certain information and/or documents in relation to your use of our Services in connection with such Transactions, and as required by rules, policies, applicable laws and regulations, or as needed under any investigation or dispute, or any other legitimate reason that such third party deem to be fit and essential under any permitted law.
Warranty Disclaimer.
1. THE SERVICES AND THE MERCHANT PORTAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO THE MERCHANT PORTAL, THE SERVICES, OR ANY PART OR MATERIALS MADE AVAILABLE THEREIN, WILL BE COMPLETE, ERROR FREE, CONTINUOUS, UNINTERRUPTED, ACCURATE, THAT DEFECTS WILL BE CORRECTED, OR THE SERVER THAT MAKES THE MERCHANT PORTAL AVAILABLE ARE FREE OF VIRUSES AND BUGS, AND MAKES NO REPRESENTATION PERTAINING TO THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS, OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES, OR MERCHANT PORTAL. ENTIRE RISKS RELATED TO THE USE, QUALITY, AND PERFORMANCE OF THE SERVICES OR MERCHANT PORTAL LIES WITH YOU. THE COMPANY SHALL NOT BE LIABLE IN THE EVENT YOU LOSE YOUR CREDENTIALS OR MISPLACE YOUR PASSWORDS FOR ANY REASON.
2. THE COMPANY MAKES NO REPRESENTATION, WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS OR SERVICES OR MERCHANT PORTAL OR OTHERWISE (OR THEIR CONTENT THEREOF), MERCHANT CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICES ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE COMPANY MERCHANT PORTAL OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER, AD, OR OTHER ADVERTISING METHOD AND THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OR OTHER INDVIDUALS OF THE FOREGOING.
Limitation of Liability
1. any failure to fulfil the Merchant’s instructions as a result of circumstances, which could reasonably be considered outside of our control;
2. malfunctions in communications facilities, which cannot reasonably be considered under our control;
3. unauthorised access to or alteration of the Merchant’s transmissions of data;
4. any losses or delays in transmission of the Order or Transaction arising out of the use of any internet services provider, or caused by any browser or other software which is not under our control; or
5. errors on the Merchant Portal or with the Services caused by incomplete or incorrect information provided to us by the Merchant or a third party.
6. The Company shall not be liable for:
7. The Company will attempt to process the Order promptly, but any Order may be delayed or cancelled for a number of reasons including but not limited to our efforts to verify the Merchant’s identity, to validate the Merchant’s instructions, to contact the Merchant, or otherwise to comply with the applicable law, or due to variations in business hours, Business Days and currency availability. In such circumstances we shall not be liable for any direct or indirect loss the Merchant may suffer or for any negligent action.
8. The Company does not guarantee that the Merchant Portal, or any content on it, will always be available or uninterrupted. Access to the Merchant Portal is allowed on a temporary basis. We may suspend, withdraw, discontinue or change all or any parts of the Merchant Portal without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
9. The Company shall have no responsibility for any fees or charges the Merchant may incur through the use of a particular payment instrument in connection with the Services. These may include, but are not limited to, unauthorised or authorised overdraft fees imposed by banks if there are insufficient funds on the Merchant’s bank account.
10. The Merchant must notify us of any claim for compensation made by the Merchant and support such a claim by all available relevant documentation.
11. Any liability of the Company under these Terms and Conditions to the Merchant shall not exceed in aggregate the amount of Fees the Company receives from the Merchant during the month in which the liability occurred. If more than one month is involved, the aggregate amount of the Company liability shall not exceed the lowest amount determined in accordance with the previous sentence for any month involved.
Indemnification and Release.
1. You agree to indemnify, defend and hold harmless the Company, its shareholders, affiliates, and service providers, and any of their respective employees, executives, officers, directors, agents, joint ventures, and representatives, from any claims, demands, liabilities, damages, expenses, or costs (including attorneys’ fees, fines, or penalties) arising out of or related to (i) any breach of these Terms of Conditions; (ii) your use of the Merchant Portal or the Services or use by any other individual accessing the Merchant Portal or the Services using your user identification, (whether or not by your knowledge and/or authorization) including any content you post, promote or otherwise contribute; or (iii) any violation by you of any law, rule, regulation, or rights of any third party.
2. Any disputes among you and any other user or member of the Merchant Portal or the Services shall be exclusively resolved between you and such person, and you agree to release the Company, its shareholders, its affiliates and its service providers, and each of their respective executives, officers, directors, agents, joint ventures, employees and representatives, from any and all claims, demands, costs, expenses, losses, and damages of every kind and type arising out of or in any way related with such disputes.
Termination and Suspension
1. If the Company believes it is necessary or desirable to protect the security of the Merchant’s Wallet; or
2. if any Transactions are made, which the Company in its sole discretion deems to be (a) made in breach of these Terms and Conditions or in breach of the security requirements of the Company; or (b) suspicious, unauthorised or fraudulent, including without limitation in relation to money laundering, terrorism financing, fraud or other illegal activities; or
3. upon the insolvency, liquidation, winding up, bankruptcy, administration, receivership or dissolution of the Merchant, or where the Company reasonably considers that there is a threat of the same in relation to the Merchant; or
4. where anything occurs which in the opinion of the Company suggests that the Merchant shall be unable to provide the Merchant Services and/or otherwise fulfil its obligations towards the Company or third parties; or
5. where there is a change in the Merchant’s circumstances (including a deterioration in or change to the Merchant ’s financial position), or a change in the Merchant ’s business or in the Merchant’s services, which the Company considers, in its sole discretion, material to the continuation of the Company’s Services; or
6. if the Merchant breaches or attempts to breach the security of the Merchant Portal, including but not limited to modifying or attempting to modify any information, unauthorised log-ins, unauthorised data access or deletion, interfering with the Services, system, host or network, reverse engineering of any kind, spamming, hacking, falsifying data, introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines; or testing security in any way.
7. We may refuse the Merchant’s Order for any reasons and are under no obligation to inform the Merchant of the reasons behind that decision.
8. Executing the Transaction will be possible once the Merchant’s and/or Merchant’s representative identity is positively ascertained. The Company reserves the right to suspend the provision of Services to the Merchant at any stage and request further information/documentation. This may be, among other reasons, because the Merchant has reached one of our exchange or payment thresholds. At this stage, we may ask the Merchant to provide us with further information on the Merchant and/or the Merchant’s background in order, for example, to understand more clearly the Merchant’s financial and risk profile. Merchant agrees to co-operate with us in this respect.
9. We expressly reserve the right to cancel and/or terminate the Orders that have not been verified despite our good faith efforts to contact the Merchant seeking such verification.
10. The Company reserves the right to suspend or limit Services pending full payment of any outstanding claims, Fees, penalties, costs or charges by the Merchant.
11. The Company reserves the right to suspend or terminate, at any time and at its sole discretion, these Terms and Conditions and/or Merchant’s Wallet (or certain functionalities thereof such as uploading, receiving, sending and/or withdrawing funds), inter alia, for audit or any other reason:
12. The Company shall make reasonable efforts to inform the Merchant of any suspension, or if this is not practicable, immediately afterwards and give its reasons for such suspension unless informing the Merchant would compromise security measures or is otherwise prohibited by law.
13. The Company reserves the right (at its sole discretion) to suspend its Services and/or the Merchant’s Wallet (or certain functionalities thereof such as uploading, receiving, sending and/or withdrawing funds) at any time where it is required to do so under relevant and applicable laws and regulations. The Company shall make reasonable efforts to inform the Merchant of any such suspension unless the Company is prohibited from doing so by law or under an order from a competent court or authority.
14. If the Company suspends the Merchant’s Wallet and/or its Services, the Company shall reinstate the same and where necessary, provide new security details, such as a password, as soon as practicable after the reasons for the suspension cease to exist.
15. We may for any reason suspend the Order. If we do, we may ask the Merchant for further documentation. We are under no obligation to release the funds to the Merchant during this investigation process.
16. Following the termination, we may keep any record of information related to you, as required under any local or international law, regulation, government or court order, and for security reasons we deem necessary, and after such order or regulation no longer exist, we shall follow the required procedures to discard any and all data or information related to you, subject to the permitted under any applicable law and regulation.
Risks
1. There is a number of risks associated with Cryptocurrencies. The value of Cryptocurrencies may rise or fall rapidly and therefore this may not be suitable for the Merchant as a store of value. If the value falls substantially, the Merchant may not be able to sell the Merchant’s Cryptocurrencies at the same Exchange Rate that the Merchant bought them.
2. The Merchant should understand the risks of Cryptocurrencies and only use income the Merchant can afford to lose when purchasing Cryptocurrencies. The Merchant agrees that the Merchant understand these risks before using these Services. If the Merchant is unsure about the risks involved, then the Merchant should not use the Services.
3. In connection with the Services, the Company will try to check the validity of the bank account and/or Wallet, however, the Merchant is responsible for ensuring that the provided bank account or Wallet address is correct.
4. By using our Services, the Merchant agrees that the Merchant shall have no legal claim or right of action against the Company in respect of any fall in the value of Cryptocurrencies.
5. Cryptocurrencies are as-yet autonomous digital systems. These systems rely on peer-to-peer networking and cryptography to maintain its integrity. Buying or selling Cryptocurrencies could be susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse because of unexpected changes imposed by the software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
6. Transfer of Fiat Currency to and from a bank account may not be instant. After the Merchant’s bank receives a request for the transfer of Fiat Currency to the Company, the transfer will remain unconfirmed for a certain period. The transfer is not completed while it is being processed. The Fiat Currency associated with bank transfers will not be available under the Transaction information.
7. Our business model and the Services consist of facilitating the buying and/or selling of Cryptocurrencies.
8. There may be additional risks that we have not foreseen or identified in the Terms and Conditions.
Complaints
1. If the Merchant wishes to make a complaint about any aspect of the Services, the complaint must be made in writing, including in electronical form.
2. We will acknowledge the receipt of the Merchant’s complaint within 2 Business Days. We will investigate the Merchant’s complaint and come back to the Merchant with the results of our investigation no later than 7 Business Days from the receipt of the Merchant’s complaint.
3. For the avoidance of doubt, we will not tolerate any insulting behaviour exhibited by any user towards our managers, executives, employees, or affiliates. If we perceive an inappropriate behaviour, or your behaviour has been abusive or disrespectful towards any of our staff, such actions will be deemed as a breach of these Terms of Conditions, and we shall be entitled to terminate these Terms of Conditions and close your account immediately.
Arbitration, Governing Law, and Jurisdiction
1. The law of the Republic of Estonia shall apply to these Terms and Conditions.
2. All disputes arising from these Terms and Conditions shall be settled by the negotiations of the parties. If the disputes resulting from these Terms and Conditions could not be settled by the negotiations of the Parties within a reasonable timeframe, the dispute shall be solved by arbitration process as described in the following Section.
3. If it has not been possible to resolve the matters through the process set out above in Section 16.2, you and the Company agree that any dispute, claim, or controversy arising in connection with or relating in any way to these Terms of Conditions (including its interoperation, enforcement, validity and termination or otherwise), or to your relationship with us as a Merchant will be determined by mandatory binding arbitration. The tribunal shall consist of a sole arbitrator. The place and seat of the arbitration shall be Tallinn, Estonia. Any arbitration procedure will be conducted in the English language and the arbitrator must follow these Terms of Conditions and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. The decision of the arbitrator will be final, binding and enforceable against you and the Company.
4. You agree and obligate to keep confidential all matters relating to any claim, dispute, demand and controversy, including related proceedings to the greatest extent practicable. For purposes of this provision, references to the parties will also include the respective, affiliates, agents, employees, predecessors, successors and assigns as well as other Merchants or beneficiaries of the Services.
5. Any arbitration must be commenced by filing a demand for arbitration within One (1) Year after the date the party asserting the claim first knows or reasonably should know of the cause of action, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period.
6. Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THE INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS.
Merchant Portal Accuracy and Availability.
1. The Company cannot guarantee nor promise to you that the Merchant Portal and the Services will be available without any interruption, as well as we cannot guarantee that any Transaction or Order will be executed and accepted without any delay, thus, the response times may be delayed. We will be not held liable for any losses or damages resulting from or arising out of Transaction delays. In addition, Merchant Portal or the Services may not be fully accurate and complete, and we reserve the right, under any applicable law, to update, amend, change or modify the information, data or any other materials, from time to time, without any obligation to notify you. It is your sole responsibility to double-check any information displayed on the Merchant Portal and during the use of the Services. We will not be held liable for any decision you make based on such information.
Taxes
1. We are not, and will not under any circumstances, be deemed as providing any accounting, tax advice, or consultation. It is your sole and exclusive responsibility to determine and inquire into whether, and to what extent, any taxes apply to any Transaction you execute through the use of the Services, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities under the relevant jurisdictions.
Feedback, Questions, and Requests
1. If you have any feedback, questions, notices and requests concerning our Services or further information, please contact us at [email protected], and ensure to include your identification details (e.g. your full name, account number) in order to identify you or your account.
2. You acknowledge that we own any feedback, suggestions, ideas, or other information related to the Services or Merchant Portal that you may provide via email. You hereby transfer all rights, titles, ownership and interests of the any feedback or idea or suggestion or improvement and all related intellectual property rights to us. You have no right and hereby waive any request for acknowledgment or compensation based on any modifications based on any suggestion, feedback, idea, improvement, and tips.
Force Majeure
1. The Company shall not be liable in any way for the failure to perform due to any Force Majeure Event. By using the Service, to the extent permitted by the applicable law, the Merchant shall agree that no party (including, without limitation, the Company) shall be held liable for any loss arising out of, or in any way connected to, any Force Majeure Event.
No Waiver
1. The failure of the Company to require or enforce strict performance of any provision of these Terms and Conditions or to exercise any right under the Terms and Conditions shall not be construed as a waiver or relinquishment of the Company’s right to assert or rely upon any such provision or right (or any other provision and/or right contained this document in its entirety, as the case may be) in that or any other instance. The express waiver by the Company of any provision, condition, or requirement of these Terms and Conditions shall not constitute a waiver of any other or future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set out in these Terms and Conditions, no representations, statements, consents, waivers, or other acts or omissions by the Company shall be deemed a modification of these Terms and Conditions or be legally binding.
Communications
1. All communications from the Company will be provided to you via electronic means at the email address you provided when accessing the Services. You agree and consent to receive electronically all documents, notices, agreements, updates, communications in regard to your Wallet and your use of the Services, including without limitation, confirmations, personal details, account details, regulatory, legal, customer support responses, updates of these Terms of Conditions and Privacy Policy, and otherwise any information relevant to your use of the Services. We shall not be responsible for any harm you may suffer as a result of your failure to receive any notice or message provided to you in connection with these Terms of Conditions or your use of Services as long as such notice is provided to such email address.
Amendments
1. The Company may change, amend, modify, and waive any provision of these Terms of Conditins, at its sole discretion, from time to time, for any reason, and including without limitation, as a result of any laws, rules, and regulatory changes, and security reasons in connection with our Services.
Miscellaneous
1. These Terms of Conditions, including any exhibits, forms and schedules, comprise the entire understanding and agreements between you and Company as to the subject matter hereof, and supersedes any and all prior representations, discussions, agreements and understandings, written or oral, to the extent that they related in any way to the subject matter hereof.
2. The Merchant confirms that he/she has read through the text of these Terms and Conditions and comprehend completely the content of all provisions thereof. The Merchant also confirms he/she has carefully and independently evaluated the rights and obligations arising out of these Terms and Conditions and the risks and possibilities connected therewith.
3. Materials and other content published on the Merchant Portal or elsewhere are not binding and do not, unless explicitly referred to herein, form part of these Terms and Conditions and are of descriptive nature only. If these Terms and Conditions are in conflict with the information provided on the Merchant Portal or any other document, these Terms and Conditions shall prevail.
4. The Terms and Conditions, Merchant Portal, and/or other documents may be translated into other languages. In case of a conflict between the English and translated version of the respected document, the English version shall prevail.
5. If any provision of the Terms and Conditions is found illegal or unenforceable under a relevant jurisdiction, in whole or in part, such a provision shall be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions, which shall continue in full force and effect.
6. If you receive any information related to another Merchant through our Services, you are obligated to keep the information confidential, and may not disclose or distribute it to any third party or use the information except as reasonably necessary to carry out a transaction and other functions reasonably incidental thereto.
7. Sections 4, 8, 9, 10, 11, 12, 13, 16, and 17 herein, as well as any other sections of these Terms of Use that, either explicitly or by their nature, must remain in effect even after termination of the Terms of Use, shall survive termination.
8. In the event that the Company is acquired by or merged with or into any third party, we reserve the right, under these circumstances, to transfer or assign all and any information that has been collected from you or provided voluntary by you, including any personal information, and these Terms of Conditions, as part of such merger, acquisition, sale, or other change of control. You may not transfer or assign any of the obligations, interests, and rights granted to you under these Terms of Conditions, including without limitation, the right to use the Services, which is exclusively for your personal use, without the consent writing of our Company. We reserve the right to assign all obligations or rights without restriction, including without limitation to any agents, affiliates, or to any successor in interest of any business associated with our Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms of Conditions will bind and inure to the benefit of the parties, and their successors or permitted assigns.
9. We may change, amend, modify, waive, and update any provision of these Terms of Conditions, from time to time, for any reason, and including without limitation, as a result of any laws, rules, and regulatory changes, and security reasons in connection with the Services.
10. Notwithstanding any provision herein, you and the Company are independent contractors, and nothing in these Terms of Conditions shall be deemed to create between you and the Company any other form of relationship, the parties hereby do not create, and do not intend to hereby create, any joint venture, partnership or other similar cooperative venture. You understand that you are not authorized to deliver any obligations, promises or representations on behalf of the Company or any associated individuals including, agents, employees, directors and managers.
11. Section headings in these Terms of Conditions are for convenience only and shall not govern the meaning or interpretation of any provision herein. The words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.” The meaning assigned to each term defined herein shall be equally applicable to both the singular and the plural forms of such term, and words denoting any gender shall include all genders.

Thank you for reading our Terms and Conditions. We Hope you Enjoy our Services!