|| A group of companies represented by DataBridge OÜ (registration address: Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 38-2, 10120; registration number: 14515009)
and Hypergate LTD (registration address: 7a Abbey Business Park, Monks Walk, Farnham, Surrey, England, GU9 8HT; registration number: 13343144).
||FVT000230 - Providing a virtual currency service.
Licence was provided in Estonia.
|| An application that is distributed by the Company
through AppStore or Google Play.
|| A website that is operated by the Company and available
|| Collective name that can refer to both the Mobile and
|| Services that are being offered by the Company through
|| Currency that is considered to be legal tender.
|| A cryptocurrency is a digital currency that is created and
managed through the use of advanced encryption
techniques known as cryptography and that is not
considered to be legal tende.
|| Can refer to both the FIAT (currency) and Cryptocurrency.
|| Collective name that can refer to both the Platform and
|| This Agreement.
|| An individual Customer from an age of 18+ or a legal
entity that has read and agreed to the Customer
Agreement of Itez and uses services of the company
provided through the Mobile or Website Platforms.
|KYC or Due Diligence
|| Documents that are requested by Itez from the
Customers in order to identify the Customer and comply
with applicable laws.
|| An electronic facility which enables Customer to
exchange Funds and make electronic Funds transfers to/
from Customer’s Account held with the Company and
that stores information of the Customer and history of
This is a legal agreement between the Company and the Customer of the
Customer acknowledges that he/she has carefully read and understood
this Agreement in its entirety and that he/she agrees to all of the
provisions contained herein prior to using the Services.
SCOPE OF THE AGREEMENT
- This Agreement sets out the terms and conditions for provision of the
Services on the Platform.
- By opening an Account with the Company, Customer consents and
acknowledges that he/she has read and understood this Agreement and
agrees to be bound by its provisions.
- Customer may only open one Account with the Company and only if it is
legal to do so in Customer’s country of residence.
By opening an Account the Customer represents and warrants to the
Company that the opening of an Account does not violate any laws or
regulations applicable to the Customer.
- Customer must ensure that the information recorded in the Account, as
provided by the Customer to the Company during the registration process
or at any time thereafter, is always accurate, truthful and up-to-date and
Customer shall notify Customer promptly, but not later than within two
weeks, of any changes to such information. As per The Company’s AML/
CFT obligations and internal procedures, The Company may ask Customer
at any time to confirm the accuracy of Customer’s information or to
provide documents or other evidence.
- The Company reserves the right to carry out any necessary money
laundering, terrorism financing, fraud or other illegal activity checks before
authorising any Services. For these purposes, The Company may request
Customer to provide additional verification documents under the terms
defined by Company.
- The Company shall neither receive nor disburse Customer's Funds in cash.
All transactions between the Customer and the Company shall be
performed by wire transfer or other electronic means, in which the
identities of both the sending and receiving parties can be verified by the
Company and which the Company, at its sole discretion, shall deem
- The Company shall not accept transactions from any third party for the
benefit of the Customer, and the Company shall not withdraw any Funds
from the Customer's Account to the benefit of a third party unless
otherwise agreed in writing between the parties hereto. The Company shall
perform wire transactions only between the Customer's account and
another account which is held in the Customer's name or of which the
Customer clearly demonstrates ownership.
Customer is entirely responsible for any and all activities conducted
through Customer’s Account. Customer agrees to notify the Company
immediately of any unauthorised use of Customer’s Account, as well as of
any other breach of security. While The Company may implement certain
monitoring procedures designed to alert Customer to fraudulent activity,
The Company is not responsible for any unauthorised use of Customer’s
Account, and Customer agrees that he/she is solely responsible for such
unauthorised use and for protecting the confidentiality of Customer’s
password and other Account credentials.
- It is strictly forbidden to use Customer’s Account for any illegal purposes,
including, but not limited to, fraud and Money Laundering. The Company
will report any suspicious activity to the appropriate law enforcement
agency. Customer is prohibited from using Customer’s Account in an
attempt to abuse, exploit or circumvent any restrictions imposed by the
- Customer must ensure that he or she is 18 years old or older in order to
open an account.
If Customer conducts or attempts to conduct any transaction in violation
of the prohibitions contained in this Agreement, The Company reserves
the right to:
- reverse the transaction; and/or
- suspend transaction or suspend Customer’s Account; and/or
- report the transaction to the appropriate law enforcement agency;
- claim damages from Customer;
- Customer may only have one Account with the Company.
- Customer’s Account is denominated in a currency of Customer’s choice, as
selected by Customer from the available currencies.
- In order to use the Account, Customer must first register the Account, by
providing Customer’s information on the Platform. As part of the
registration process Customer will need to accept this Agreement and
Customer must have legal capacity to accept the same.
If Customer completes the process successfully, Customer will obtain the
registration data for Customer’s new Account. The detailed information
will be sent to Customer’s registered e-mail and will be indicated on
Customer’s Account screen right after registration.
- Customer may suspend Customer’s Account at any time by contacting
Customer Support. When The Company receives a request to suspend the
Account The Company may ask Customer to provide Customer with
additional verification documents to compare with those The Company
already has in The Company’s databases. This is done for AML/CFT and
anti-fraud purposes. If Customer has any questions, he may send an inquiry
to [email protected].
- Customer may be presented with a number of different deposit/
transaction methods, depending on which payment instruments Customer
choose and which payment methods are available in Customer’s country of
residence. The Company does not guarantee the use of any particular
deposit method made available, and may make changes to or discontinue
the acceptance of any particular deposit method at any time. Customer
agree that The Company may use any third party provider in order to
process the payments from/to Customer as The Company deem fit.
- Depending on which deposit method and payment instrument is chosen,
Customer will need to provide other information or complete other
activities that The Company may reasonably require to ensure proper
authorisation of a deposit transaction.
- Customer must not make a deposit through a Payment Service Provider if
Customer is not the named holder of the account with such Payment
- Transactions may be subject to third party Payment Service Provider’s
transaction fees and currency conversion fees depending on which
transaction method and payment instrument is chosen. Such fees will be
deducted from Customer’s transaction and Customer will receive the sum
equal to “deposit less fees”. Fee schedule is available at Clause 5.1.
- To transfer Funds Customer may be required to authorise the transfer with
Customer’s login and password information.
- To transfer Funds Customer must fill out the respective transfer form.
- The currency conversion is completed at the currency exchange rate
specified on the Platform. The currency conversion may be subject to
additional commission published by the Company on the Platform or
provided to the Customer prior to the conversion.
- The Company does not guarantee the availability of any particular
withdrawal/payment method and may make changes to or discontinue a
particular withdrawal/payment method at any time as long as there is at
least one withdrawal/payment method available to the Customer. Where
the withdrawal payment is received by Customer through an external
Payment Service Provider (such as a bank where Customer has a bank
account), The Company shall not be responsible for the transaction
payment once the transaction was performed by the Company.
- Due to the Company’s fraud protection measures a withdrawal or a deposit
from/to credit/debit card will be possible only from/to the credit/debit
card if this card belongs to the Customer.
- Withdrawals and transactions may be subject to other limits due to security and legal requirements of the third party Payment Service Provider.
When a customer purchases / exchanges virtual currency:
If ITEZ has a suspicion that the Customer is engaged in money laundering or terrorist financing, the Company will apply stricter due diligence measures regardless of the aggregated turnover.
- ITEZ applies diligence measures according to the Customer's risk level;
- for Customers whose aggregated turnover exceeds the total of 15,000 EUR per year or 30,000 EUR per life cycle ITEZ applies stricter due diligence requirement (for instance requests recent bank statement confirming the presence of the corresponding amount);
- for Customers who made several transactions with an aggregate turnover of more than 3,000 EUR per life cycle of the Customer irrespective of the difference in time between single transactions, ITEZ applies stricter due diligence requirements.
- Customer may not make a withdrawal/payment to a Payment Service
Provider or to an account held with other payment service providers if
Customer is not the named holder of such an account. Violation of this
requirement may be treated as a suspicion transaction in terms of The
Company’s AML/CFT policy and resolved in compliance with the
- Customer must ensure that the payment information Customer enter when
withdrawing Funds is correct and complete. The Company will not be
liable for withdrawn Funds sent to the wrong payment institution where
this is due to Customer providing incorrect payment information.
- The Company reserve the right to carry out any necessary money
laundering, terrorism financing, fraud or other illegal activity checks before
authorising any withdrawal of Customer’s Funds. For these purposes The
Company may request Customer to provide additional verification
documents (including Source of Customer’s Funds but not limited to it)
under the terms defined by Customer.
REMUNERATION, OPERATIONAL PREMIUMS,
EXPENSES AND COMMISSIONS
- The Company will charge commission on each exchange transaction initiated by a Customer on an Account (“Exchange Fee”).
By acting as an exchange Itez applies commission for each bitcoin transaction between user and Itez. This commission comes to 5% of the transaction amount and is included in the final transaction amount for the user.
- The amount of the Exchange Fee and its payment terms are specified in
the Account and published on the Platform. The amount of Exchange Fee
may differ depending on market conditions, payment method and other
variables. The Company reserves the right to change or modify the amount
of the Exchange Fee and its payment terms from time to time. Any such
changes and modifications will be effective upon respective update of the
Platform. If Customer does not agree to the posted changes and
modifications Customer may suspend Customer’s Account and terminate
this Agreement as provided herein. Customer’s first use of Customer’s
Account following the posting of any changes or revisions to the terms of
this Agreement or modified Exchange Fee as updated on the Platform will
constitute Customer’s acceptance of all such changes or revisions.
- Exchange Fee will be deducted from the amount of Funds purchased or
exchanged by Customer. Customer hereby authorise the Company to
charge or deduct from Customer’s Account any applicable Exchange Fees
owed in connection with transactions Customer complete via the Platform.
- The Company may charge the Customer’s Account with additional third
party fees, arising from the services provided by such third parties.
- The Customer shall also pay any such charges (including, without
limitation, commissions applicable to the Account and other accounts,
markups and markdowns, statement charges, idle account charges, order
cancellation charges, account transfer charges or other charges), costs,
including litigation and independent dispute resolution costs, expenses
and fees, including attorneys' fees arising directly or indirectly out of the
Company Services under this Agreement, including, without limitation,
those associated with dispute resolution or any Customer’s complaint filed
with the Company, investigation of any kind, including those provided by
third parties, consultation with third parties conducted by the Company
and requests for preparation by third parties of official statements on the
results of such comprehensive investigation or consultation.
- To remove all doubt, the Customer remains liable for all charges/costs/
expenses/fees incurred by the Company regarding Customer’s requests,
claims or complaints if such requests could not be comprehensively
satisfied without involving third parties.
- The Company may change its charges/costs/expenses/fees without prior
notice. All such charges/costs/expenses/fees shall be paid by the
Customer as they are incurred, or as the Company, at its sole and absolute
discretion, may determine and the Customer hereby authorises the
Company to withdraw the amount of any such charges/costs/expenses/
fees from the Customer's Account.
THE COMPANY'S RIGHTS AND OBLIGATIONS
- The Customer acknowledges that the Company has the following rights:
To reject, cancel, delete or adjust any exchange or transaction the
Customer may place;
- To suspend the Customer’s Account;
- To correct any transactions of Customers deemed necessary by the
Company for the proper provision of Services under this
- To restrict access to, impose limits on, suspend, stop or cancel use
of the Platform (including, without limitation, discontinuing the
Customer’s use of the API) either generally or for particular Funds,
transactions or Customers, or to discontinue transmission of any or
The Company may refuse to facilitate or proceed with any
transactions or refuse access to the Platform at the Company’s sole
discretion, as a result of any of the following:
- Full or partial failure of the Platform, including failure of
technology or any of the communications linked to the
Platform and the Customer and/or any of the
Counterparties, or any other circumstance in which it is
deemed impractical to use the Platform;
- A breach of the Platform security;
- For the purpose of mitigating and managing potential AML/CTF risks faced
by the Company and without detracting from the generality of the
Company rights as expressly stipulated above, the Company reserves the
right, at its sole discretion, to suspend any Customer’s Account and
prohibit any activity including, but not limited to, withdrawals for the term
of internal investigation but not more than 30 days, providing that the
Company has reasonable suspicion that Customer’s activity (i) does not
comply with the Services provided by the Company and the subject of this
Agreement, and/or (ii) is fraudulent, and/or (iii) is in breach of the law, the
present Agreement or the Company’s Anti-Money Laundering and
- In order for the Company to show prices at the speed associated with
speculative price fluctuations, the Company may have to rely on available
prices that may later prove to be incorrect. In such cases, the Company
may cancel or adjust the transactions on the Customer’s Account, but shall
do so within reasonable time and shall provide the Customer with a full
explanation of actions taken.
- The Company shall, at its sole discretion, have control over and the right to
modify the functionality of the Company’s Platform, its configurations and
- The availability of the Company’s Platform with respect to particular
financial instruments or transactions at any particular time or location.
- The Company reserves the right to deliver the Platform and to process
exchange transactions at its sole and absolute discretion.
- In case of any dispute the Company reserves the right to apply to third
parties for advice and/or investigation, expertise or analysis, including,
without limitation, on a fee paid basis and the Company shall retain the
right to forward such costs to the Customer pursuant to the provisions of
- The Company will make all possible endeavors to execute transactions and
exchange orders placed by the Customer. The Customer hereby
understands that the Company is unable to guarantee the execution or the
Customer’s orders or requests and that the Customer will not hold the
Company liable for any failure in the execution process.
CUSTOMER REPRESENTATIONS, WARRANTIES AND
- The Customer represents and warrants that:
- The Customer is of sound mind, legal age and legal competence;
- No person other than the Customer has or will have an interest or
access to the Customer's Account, and,
- Regardless of any subsequent determination to the contrary, the
Customer is suitable to enter into this Agreement.
- All information provided in the information portion of the Account
opening process is true, correct and complete as of the date hereof
and the Customer will notify the Company promptly of any changes
to such information.
- The Customer hereby confirms and acknowledges his/her express consent
to eliminate the confidential nature of all communications regarding,
without limitation, any disputes, legal proceeding or public statements
between the parties hereto or its results, including court or other dispute
resolution decisions on the matter. The Customer further agrees that the
Company, at its sole discretion, may disclose the contents of such
communication where and when the Company deems necessary, yet
according to the provisions of the GDPR (General Data Protection
Regulation (EU) 2016/679).
- The Customer represents and warrants that they will immediately notify
the Company with regard to any error detected on the Platform, Account,
or the Services, affecting the interests of the Customer and to cease all
further actions with the systems, except for those actions that are aimed at
preventing loss to the Customer. The Customer hereby confirms and
acknowledges that the Customer will not use the system error in its own
interest. Violation of these provisions will cause the Company to execute
its rights under the Customer’s indemnification responsibilities specified
in this Agreement and may result in, among other things, termination or
suspension of the Customer’s right to use the Services.
- In case of an unauthorised transactions that was incorrectly executed due
to an error by Customer, Customer will bring the unauthorised or
incorrectly executed transaction to The Company’s attention within 1
(one) day of the date of transaction. Customer shall remain solely liable for
all losses arising from the transaction specified above in the following
cases: (i) the unauthorised transaction arose from Customer’s failure to
keep the Account credentials safe; and/or (ii) Customer fail to dispute and
bring the unauthorised or incorrectly executed transaction to The
Company’s attention within 1 (one) day of the date of transaction.
- The Customer represents and warrants that the financial information
disclosed to the Company when opening the Account is an accurate
representation of the Customer's current financial condition.
- The Customer acknowledges that they have no separate agreement with a
Company’s employee or agent regarding the Services in the Customer's
Account, including any agreement to guarantee profits or limit losses in
the Customer's Account. The Customer understands that the Customer is
under an obligation to notify the Company's Compliance Officer
immediately in writing as to any agreement of this type. Furthermore, the
Customer understands that any representations made by anyone
concerning the Customer's Account that differ from any statements the
Customer receives from the Company must be brought to the attention of
the Company's Compliance Officer immediately in writing. The Customer
understands that the Customer must authorise every transaction prior to
its execution unless the Customer has delegated discretion to another
party by signing the Company's limited transaction/exchanging
authorisation, and any disputed transactions must be brought to the
attention of the Company's Compliance Officer pursuant to the
notification requirements of this Agreement. The Customer agrees to
indemnify and hold the Company harmless from all damages or liability
resulting from the Customer's failure to immediately notify The
Company’s Compliance Officer of the occurrences referred to herein.
- The Customer agrees to promptly pay to the Company all damages, costs
and expenses, including attorney's fees, incurred by the Company in the
enforcement of any of the provisions of this Agreement or any other
agreements between the Company and the Customer. To the extent
allowable by law, The Company reserve the right to set-off any damages or
amounts owed to Customer by Customer for Customer’s breach of this
Agreement or other obligations under this Agreement against Funds in
Customer’s Account held with the Company.
- The Customer confirms that they are responsible for keeping track of
regulatory changes in his/ her country of residency and for understanding
what rules apply to his/her use of the Platform.
- The Customer is solely responsible for calculating and declaring their
activities to appropriate tax authorities (if required).
NO FINANCIAL ADVICE
The Company, at its sole and absolute discretion, may from time to time
provide information to the Customer on practical aspects of buying/
selling or exchanging cryptocurrencies.
- Notwithstanding any such information provided by the Company, the
Customer acknowledges and agrees that they enter into each exchange or
other transaction of their own free will without reliance on any
information provided by the Company and that such exchange or
transaction order is undertaken at their own risk. The Customer shall not
be entitled to rely on the Company for advice on the timing or terms of any
exchange or transaction order.
- The Customer acknowledges and agrees that the exchange rates vary
regularly and may be affected by matters and events outside the control of
the Customer or the Company.
LIQUIDATION OF ACCOUNT
- In the event of (a) death or judicial declaration of incompetence of the
Customer; (b) filing of a petition for bankruptcy, or a petition for the
appointment of a receiver, or the institution of any insolvency or similar
proceeding by or against the Customer; (c) filing of an attachment against
any of the Customer's Accounts carried by the Company, (d) insufficient
funds, or Company’s determination that any collateral deposited to protect
the Customer is inadequate, regardless of current market quotations, to
secure the Account; (e) Customer's failure to provide the Company any
information requested pursuant to this Agreement; or (f) any other
circumstances or developments that the Company may deem appropriate
for its protection, at the Company’s sole discretion, it may take one or
more, or any part of the following actions: (1) satisfy any obligation the
Customer may have to the Company, either directly or by way of guarantee
with any of the Customer's Funds or property in its custody or control or in
the custody or control of any of the Company's affiliates; (2) sell or
purchase any or all Funds, or other property held or carried for the
Customer; (3) cancel any or all outstanding orders or contracts, or any
other commitments made to the Customer.
- The Company does not provide Services to persons who reside in the
countries identified by the FATF as high risk or non-cooperative
jurisdictions having strategic AML/CFT deficiencies.
- The full list of restricted countries is available in the Full Anti-Money
Laundering policy of the Company.
- The Company does not accept transfers to/from an Account at a bank and/
or other payment institution incorporated in the USA, its territories or
possessions or in the Countries identified by the FATF as high risk or noncooperative jurisdictions. In case the Company knows or suspects or has
reasonable grounds to know or suspect that the Customer became a
resident of a country not serviced by the Company, The Company will
immediately close all outstanding positions and suspend the Account in
LIMITATION OF LIABILITY AND INDEMNIFICATION
- The Company (or The Company’s licensors, agents, suppliers, resellers,
service providers, or any other subscribers or suppliers) in no event shall
be liable to Customer, or any other third party for any direct, special,
indirect, incidental, consequential, exemplary, or punitive damages,
including, without limitation, damages for loss of profits, loss of business,
loss of opportunity, loss of reputation, loss of information, business
interruption, revenue, or goodwill, which may arise from Customer’s use of
The Company’s Services and the Platform or any materials contained on
the Platform or for Customer’s failure to understand the nature of
cryptocurrencies, its derivatives or the market for such currencies and its
- Without prejudice to any other terms of this Agreement relating to the
limitation of liability and provision of indemnities, the following shall
apply in particular to provision of Services under this Agreement:
- System errors: The Company shall bear no liability to the Customer
for any partial performance or failure to perform its obligations
hereunder by reason of any cause beyond its reasonable control, for
damages which the Customer may suffer as a result of malfunction
or failure of transmission, communication or computer facilities, or
any transmission errors, technical faults, malfunctions, illegal
intervention in network equipment, network overloads, malicious
suspension of access by third parties, Internet malfunctions,
interruptions, failure by intermediate service provider or agent,
agent or principal of its custodian, sub-custodian or dealer for any
reason to perform their obligations or other deficiencies on the part
of any Internet Services provided by the Company. The Customer
acknowledges that any Services may be limited or unavailable due
to such system errors, and that the Company reserves the right to
suspend access to any such Services for this reason upon notice.
- Delays: Neither the Company nor any of its affiliates and/or third
party providers and/or suppliers accept any liability in respect of
any delays, inaccuracies, errors or omissions in any data provided to
the Customer in connection with the Account, the Platform or use
of related Services.
- Viruses: The Company shall have no liability to the Customer
(whether in contract or in tort, including negligence) in the event of
any viruses, worms, software bombs or similar malicious code items
introduced into the Customer`s information system via the Account
and/or Service provided by the Company, provided that the
Company has taken reasonable steps to prevent any such incident.
- Unauthorised use: The Company shall not be liable for any loss,
liability or cost whatsoever arising from any unauthorised use of the
Account, Platform or related Services.
Without detracting from the generality of indemnification provisions
hereunder, the Customer shall indemnify, protect and hold the
Company, its owners, subsidiaries, affiliates, employees, management
and third party contractors harmless from and against all losses,
liabilities, judgements, suits, actions, proceedings, claims, damages
and costs resulting from or arising out of any act or omission by any
person using the Account, Platform and related Services and/or any
service using any designated Account credentials or other
authentication and/or access information provided by the Company
to the Customer, whether or not the Customer actually authorised
- Markets: The Company shall not be liable for any action taken by or
at the instruction of any appropriate market or regulatory or selfregulatory body or failure by such regulatory or self-regulatory
organisation, for any reason, to perform its obligations.
- Third party service: In the event that any software and/or service of
any third-party is used by the Company in the enforcement of any of
the provisions of this Agreement, the Customer agrees to indemnify
and hold harmless such third parties of any claims, actions or suits,
as well as any related expenses, liabilities, damages, settlements,
costs or fees arising from the Customer’s use or misuse of the thirdparty software and/or service as part of the Company’s Services.
- The Company shall not be liable for any disruption or impairment of the
Platform or the Service or for disruptions or impairments of intermediary
services on which The Company rely for the performance of The
Company’s obligations hereunder, provided that such disruption or
impairment is due to abnormal or unforeseeable circumstances beyond
The Company’s reasonable control or the control of the intermediary
- The Company shall not be liable to the Customer for any claims, losses,
damages, costs or expenses, lost opportunity to transact, including
attorneys' fees, caused, directly or indirectly, by any events, actions or
omissions, including, without limitation, claims, losses, damages, costs or
expenses, including attorneys' fees, resulting from civil unrest, war,
insurrection, international intervention, governmental action (including,
without limitation, exchange controls, forfeitures, nationalisations or
devaluations), natural disasters, acts of God, market conditions, inability to
communicate with any relevant person or any delay, disruption, failure or
malfunction of any transmission or communication system or computer
facility, whether belonging to the Company, the Customer, any market, or
any settlement or clearing system.
- The Company shall not be liable for assessment or payment of any taxes,
duties or other charges that arise from the underlying transaction between
Customer and another Company’s Customer.
- The Company specifically excludes liability for any loss, harm, distress or
damage suffered by Customer or any third party as a result of inaccurate
information appearing on the Platform.
- The Customer agrees to defend, indemnify and hold harmless the
Company, its affiliates, employees, agents, successors, subsidiaries,
assignees and each of their respective officers, directors, shareholders,
members, partners, attorneys, employees, from and against any and all
liabilities, losses, damages, costs and expenses, including attorney's fees,
incurred by the Company, for all damages directly, indirectly, and/or
consequentially resulting or allegedly resulting from or arising out of the
Customer's failure to fully and in a timely manner perform the Customer's
obligations hereunder or use, misuse, or inability to use the Platform,
Services, or any of the materials contained therein, or the Customer’s
breach of this Agreement or should any of the representations and
warranties fail to be true and correct.
- To the maximum extent permitted by applicable laws, Customer also agree
to defend and indemnify the Company should any third party be harmed by
Customer’s illegal actions or should The Company be obligated to defend
any claims including, without limitation, any criminal action brought by any
- If any applicable authority holds any portion of this Section of the
Agreement to be unenforceable, then liability will be limited to the fullest
possible extent permitted by applicable law.
DISCLAIMER OF WARRANTIES
- Except as expressly provided to the contrary in writing by Customer, The
Company’s Services and Platform are provided on an "as is" and "as
available" basis. The Company expressly disclaim and Customer waive all
warranties of any kind, whether expressed or implied or statutory,
including, without limitation, implied warranties of merchantability, fitness
for a particular purpose, title and non-infringement as to The Company’s
Services, Platform and the information, content and materials contained
The Company make no representations or warranties that the Platform or
Services, or any materials contained therein, will be uninterrupted, timely,
secure or error-free; nor do The Company make any representations or
warranties as to the quality, suitability, truth, usefulness, accuracy, or
completeness of the Platform or Services or any of the materials contained
- Customer acknowledge that information Customer store or transfer
through The Company’s Platform or Services may become irretrievably
lost or corrupted or temporarily unavailable due to a variety of causes,
including software failures, protocol changes by third party providers,
Internet outages, force majeure or other disasters, including third party
DDoS attacks, scheduled or unscheduled maintenance, or other causes
either within or outside The Company’s control. Customer are solely
responsible for backing up and maintaining duplicate copies of any
information Customer store or transfer through The Company’s Services.
- Customer understand that The Company cannot and do not guarantee or
warrant that files available for downloading from the Internet will be free
of viruses, worms, Trojan horses, or other code that may manifest
contaminating or destructive properties. The Company do not assume any
responsibility or risk for Customer’s use of the Internet.
- The Company make no warranty regarding any exchange transaction
entered into through the Platform or Services and The Company are not
responsible for any use of confidential or private information by the
Customer or third parties. The Company are NOT responsible for the
market, and The Company makes no representations or warranties
concerning the value of Crypto or Fiat Currency of any kind.
- The Customer does hereby agree and acknowledge that the technological
facility (the Platform), and related software and Services may be provided
by an external third party licensors. The Company does not bear any
responsibility, whether expressed or implied or statutory, in respect of
non-infringement as to the technological facility (the Platform), and
related software and Services provided by external third party licensors.
The Company make no representations or warranties that the
technological facility (the Platform), and related software and Services will
be uninterrupted, timely, secure, or error-free; nor do The Company make
any representations or warranties as to the quality, suitability, truth,
usefulness, accuracy, or completeness of the above, as additionally
specified by Customer.
The Customer hereby agrees and acknowledges that the functionality of
the Platform, its configuration and content may be modified by an external
third party licensor, including but not limited to:
- The parameter and protocols, by which the transactions are placed,
routed, matched or otherwise processed by the Platform,
- The availability of the Platform with respect to a particular Fund or
Crypto-Asset, or transaction at any particular time or location.
COMMUNICATIONS, STATEMENTS AND
- Reports, statements, notices and any other communications will be
transmitted to the Customer electronically by posting to the Customer's
Platform terminal or to the Customer’s Account available through the
Platform, or via e-mail to the registered e-mail address. All
communications so posted or sent shall be deemed transmitted by the
Company when posted or sent and deemed delivered to the Customer
personally, whether actually received by the Customer or not.
- Reports of the confirmation of orders and statements of Account for the
Customer shall be deemed correct and shall be conclusive and binding
upon the Customer, unless objected to immediately upon receipt and
confirmed in writing, within 1 (one) day of electronic transmittal to the
Instead of sending exchange confirmations via postal mail, the Company
will provide the Customer with access to view the Customer's Account at
any time via the Internet.
The Customer agrees and acknowledges that all conversations regarding
the Customer's Account between the Customer and the Company
employees may be electronically recorded with or without the use of an
automatic tone-warning device. The Customer further agrees to the use of
such recordings and transcripts thereof as evidence by either party in
connection with any dispute or proceeding that may arise involving the
Customer or the Company. The Customer understands that the Company
destroys such recordings at regular intervals in accordance with the
Company’s established business procedures and the Customer hereby
consents to such destruction.
If any conflict situation arises when the Customer reasonably believes the
Company to be in breach of one or more terms of this Agreement as a
result of any action or failure to act, the Customer has the right to file a
complaint with the Company within one day after the grievance has arisen.
The customer may send his complaint to: [email protected].
Due to the nature of The Company’s business no refunds are issued by the
Company. Please refer to Company’s Refund Policy for more information
which is available on the Platform.
GOVERNING LAW AND JURISDICTION
- This Agreement, and the rights and obligations of the parties hereto, shall
be governed by and enforced in all respects by the laws of the Company’s
jurisdiction – Estonia, without regard to the choice of law principles.
- The Customer agrees that any civil action, arbitration or other legal
proceeding between the Company or its employees or agents, and the
Customer arising out of or relating to this Agreement or the Customer's
Account shall be brought, heard and resolved only by a court located in
Company’s jurisdiction and the Customer hereby waives trial by jury in any
such action or proceeding and waives the right to have such proceeding
transferred to any other location. No action, regardless of form, arising out
of or relating to this Agreement or transactions hereunder may be brought
by the Customer more than one year after the cause of action arose.
- The Company may offer to settle any claim in an independent third party
organisation, such as an arbitration court in the jurisdiction of the
Company. The Customer may agree or not agree to take this venue.
ANTI-MONEY LAUNDERING POLICY
- The Company is committed to providing its Customers with safe and
compliant Services. For this purpose, The Company will be monitoring
transactions for any suspicious activities, and will be reporting to
government authorities as required by law.
- The Company needs to keep certain information and documentation on
file pursuant to applicable law and its contractual relationships, and The
Company hereby expressly reserve the right to keep such information and
documentation for at least five years or more if required and pursuant to
the privacy and data protection requirements. This requirement will stay in
force even if the Customer terminates their Account and stops using the
Services. This will also be true if the Customer has initiated, but not
completed their application to have an Account with the Company.
- For enhanced security, the Company may contract third parties that
provide certain information validation and Anti-Money Laundering
- The Company has developed an Anti-Money Laundering Policy, a summary
of which is available on the Platform.
- The Customer understands, acknowledges and agrees that the Company
may amend or change this Agreement at any time at its sole discretion.
The Company will post the amendment or an updated version of the
Agreement on the Platform with an indication of the last update date. The
Customer agrees to be bound by the terms of such amendment or change
on the earlier of:
- 1 (one) business day after the Company has posted such amendment
as specified above; or
- on such occasion when the Customer executes any transaction on
- All such amendments and changes shall apply equally to all Customers,
including those who accepted this Agreement before the effective date of
the amendments or changes.
- The Customer shall become acquainted with the current version of this
Agreement and shall monitor all changes and amendments hereto and bear
all risks associated with the failure of this obligation.
- If the Customer objects to a part or all of the Agreement, then the
Customer must stop using the Services of the Company immediately. By
continuing to use The Company’s Services and the Platform, Customer
acknowledge that Customer agree to be bound by provisions of this
Agreement (with all changes and amendments hereto).
- This Agreement shall continue in effect until termination, and may be
terminated by the Customer at any time, provided that the Customer has
no liabilities held by or owed to the Company, upon the actual receipt by
the Company of written notice of termination via registered e-mail, or at
any time whatsoever by the Company upon the transmittal of a notice of
termination to the Customer via registered e-mail or to the Customer’s
Account available through the Platform; provided, that such termination
shall not affect any transactions previously entered into and shall not
relieve either party of any obligations set out in this Agreement nor shall it
relieve the Customer of any obligations arising out of prior transactions
entered into in connection with this Agreement.
- The Company may at any time suspend or terminate this Agreement or any
of Customer’s Accounts without notice in the following cases:
- Customer breaches any condition of this Agreement and/or
respective Customer Agreement or other legally binding obligations
between the Company and Customer;
- Customer violate or The Company have reason to believe that
Customer are in violation of any law or regulation that is applicable
to Customer’s use of The Company’s Services; or
- The Company have reason to believe that Customer are in any way
involved in any fraudulent activity, money laundering, terrorism
financing or other criminal activity.
- The Company may suspend Customer’s Account at any time if:
- The Company reasonably believe that Customer’s Account has been
compromised or for other security reasons; or
- The Company reasonably suspect that Customer’s Account has
been used or is being used without Customer’s authorisation or
fraudulently; and The Company shall notify Customer either prior
to suspension or, if prior notification is not possible under the
circumstances, promptly after the suspension unless The Company
are prohibited from so doing by law.
- If Customer’s Account has any Balance left after termination, Customer
may send inquiry to [email protected] for further assistance.
The Company is not responsible for any damages caused by delay or
failure to perform its obligations under the Agreement in the event that
said delay or failure is due to fires; strikes; floods; power outages or
failures; acts of God or the state’s enemies; lawful acts of public
authorities; any and all acts that are regarded as Force Majeure in legal
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
Unless otherwise indicated, all copyright and other intellectual property
rights of all content and other materials contained on The Company’s
Website or provided in connection with the Services are the proprietary
property of the Company.
The Company grant the Customer a limited, nonexclusive and nonsublicensable permission to access and use the data made available by the
Company for personal or internal business use of the Customer. Such
permission does not include any unauthorised distribution or use,
modification or public display of any data made available by the Company.
The permission granted under this provision will be automatically
terminated if the Company suspends or terminates Customer’s access to
If the Customer has any questions or concerns related to the Agreement,
their rights and/or obligations, they can contact the Company according to
the following contact information:
Harju maakond, Kesklinna linnaosa,
Narva mnt 38-2,
Tallinn, 10120, Estonia