Date last revised: May 04, 2022

This agreement (“Agreement”) is between you (referenced herein as “user”, “you” or “your”) and UAB Datause, a virtual currency exchange and depository virtual currency wallet service provider, supervised by the Financial Crime Investigation Service of Lithuania, incorporated under the laws of Lithuania (company number 306032837, registered at Gedimino pr. 20, Vilnius, Lithuania) (referenced herein as “us”, “our” or “we”) (collectively referred to as “Parties”).


We provide digital currency services (“Services”), which can be accessed via our partner’s, which is a licensed electronic money institution with the license issued by the Bank of Lithuania (“Partner”), platform through which we operate (“Platform”).


By using the Services via the Platform, you agree that you have read, understood and accepted all of the terms and conditions of the Agreement, together with documents, which are related to this Agreement, i.e., Privacy Policy, Cookie Policy, Risk Statement, Annexes etc. Any Agreement related documents are integral parts of the Agreement and together constitute one document and are legally binding to you. If you do not accept the Agreement or other documents that may be related to the Services, you must stop using the Services through the Platform.


We reserve the right to amend the Agreement at any time and at our sole discretion. We may at our sole discretion and without liability to you or any other third party, at any time, change, modify, remove or discontinue (temporarily or permanently) the use of the Services or the use of any part of the Services, functions, features and without indicating the reasons of such action, and you confirm that we will not be liable to you for any such change, modification, removal or termination. 


For the avoidance of doubt in the event of any changes of the Agreement or other documents that may be related to the Services, information on pending changes will be made available to you by servicing you with an e-mail 30 (thirty) days prior such changes become effective. If you do not accept such amendments to the Agreement or other documents that may be related to the Services, you must stop using the Services through the Platform.

  1. Use of the Platform & Services

 1.1 You agree to comply with all guidelines, notices, rules and policies pertaining to the use of the Services via the Platform. We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend provision of the Services via the Platform, and shall not be liable if any such upgrade, modification, suspension or discontinuation prevents you from using the Services or any part thereof.

1.2 You agree and undertake not to:

      • use or upload, in any way, any software or material onto the Platform, in particular those that contain, or which you have reason to suspect contain, computer virus or other malicious, destructive or corrupting code, agent, program or macros;
      • post, promote or transmit any materials or information on the Platform while using the Services, which are or may be illegal, misleading, offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws, any applicable Internet standards or otherwise are objectionable.

1.3 With respect to all contents of transmissions or communications you make or submit while using the Services, we shall be free to reproduce, use, disclose, host, publish, transmit and distribute all such contents of transmissions or communications or any part thereof to others without limitations, and you hereby grant to us and our partners, a non-exclusive, royalty-free, irrevocable license and right to do the same.

1.4 Any materials, information, view, opinion, projection or estimate presented in relation to the Services via the Platform is made available by us for informational purposes only and is subject to change without notice. You must make your own assessment of the relevance, timeliness, accuracy, adequacy, commercial value, completeness and reliability of the materials, information, view, opinion, projection or estimate provided therein.

1.5 Please note that content, products or services of third party may be accessible on the Platform in relation to the Services, the access and/or use of such content, products or services are subject to the term and conditions stipulated by such third party websites/platform and that you shall separately read and agree to such terms and conditions before accessing such content, products or services. We shall not be liable in any way for your access to and use of such third party systems, services, content, materials, products or programs, or for purchases or subscriptions made in relation thereto.

 

  1. Risks

 2.1 When using our Services you are exposed to certain risks which are explained in this section below and in the Risk Statement document, which can be access here.

2.2 Services offered by us include mainly services and products related to digital currencies. Such Services carry a high degree of risk and may not be suitable for every person (be it legal entity or natural person).

2.3 You understand that by using our Services you may face a variety of risks, e.g., Price and Liquidity Risk, Digital Currencies Risk, Market Risk, Internet and Systems Risk, IT Security Risk, Legal and Regulatory Risk, Third Party / Counterparty Risk, Digital Currency Protocol Risk, Safety and Fraud Risk, Payment Rejection Risk, Business Continuity Risk and etc. A detailed explanation of risks can be found in Risk Statement, available here (hyperlink).

2.4 Precautionary Measures. We advise you to adopt at least the following security precautions and best practices for your personal computer and mobile device use in order to reduce the likelihood of causing malicious and/or harmful security while using the Services:

      • secure your computer and mobile device by installing anti-virus, anti-spyware protection and firewalls;
      • do not use public wireless networks and “internet café” computer while using our Services;
      • regularly update you software and other operating systems to the latest versions;
      • avoid opening email attachments from unknown senders or from unknown email address domain names;
      • use data back-ups, which shall include not only online data storage but off-site and/or remote storage as well;
      • log off from the Platform at the end of the online session and clear browser data after the online session;
      • train authorized person who is using the Services on behalf of the company;
      • do not use a computer or a device which you know has a breach in security vulnerability and cannot be trusted.
  1. Eligibility and Prohibition of Use

3.1 By using the Services, you represent and warrant that:

      • you are a legal entity with full legal capacity and authority to enter into this Agreement;
      • you are at least 18 years old or of legal age to form a binding contract under applicable law;
      • you are an individual or the representative of the legal entity has a right and a full authority to enter into this Agreement on behalf of the legal entity;
      • you have not previously been suspended or removed from using the Services;
      • the use of the Services is void where prohibited by law;
      • your use of the Services will not violate any and all laws and regulations applicable to you regarding usage of the Services, including regulations on anti-money laundering, anti-corruption, and counter-terrorist financing;
      • you are not subject to any trade, financial or economic sanctions, embargos or other restrictive measures established, applied or imposed by the United Nations Security Council, the European Union, the United Kingdom (including Her Majesty’s Treasury), the United States (including the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury), other countries, international or governmental bodies (“Sanctioned Person“);
      • you are not a citizen or resident of, or are a legal entity that is registered, has presence in or is controlled or owned by citizens or residents of Cuba, Iran, North Korea, Syria, Crimea, Sevastopol or any other sanctioned country or region as we may designate according to consolidated sanctions list, which we follow (“Sanctioned Country”).

3.2 For the avoidance of doubt, you (including your beneficiaries) cannot use the Services, if you fail to meet any customer due diligence standards, requests or requirements of us and/or are deemed high risk by us according to criteria established at the sole our discretion.

3.3 We reserve the right to refuse registration or the commencement of relationship with you under this Agreement without a reason. You acknowledge and agree that it is at our sole discretion whether to provide you with any or all of the Services. You also acknowledge that we are not responsible if you are not allowed to access third party websites, platforms, services, products (including, but not limited those, that may be accessible via the Platform) as such may be subject to additional different customer due diligence requirements.

 

  1. Verification process

4.1 To use the Services, you may be asked to provide your name, surname, date of birth or legal entity name, representative name, basis of representation, email address, as well as to accept the Agreement and other related documents that may be requested at our sole discretion. You agree to provide a complete and accurate information before using the Services and agree to promptly update any information you provide to us so that such information is complete and accurate at all times.

4.2 You agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud and other financial crimes and permit us to retain such information. We will collect, use and share this information in accordance with our Privacy Policy. You will need to complete certain verification procedures before you are permitted to use the Services. For the identification we may request to provide information, such as, your name, surname, identification code and / or date of birth, registration address, citizenship, ID document or a legal entity name, form, code, registration and business address, extract from register, beneficial owner name, surname, identification number and citizenship as well as representative name, surname, identification number, citizenship and power of attorney if required and other information collected at the time of registration and any such information that we may require from you from time to time under applicable law.

4.3 We may require you to submit additional information about your source of wealth / source of funds or representative and beneficial owner of legal entity, your business, or your transactions, provide records, and complete other Customer Due Diligence steps (e.g., “Enhanced Due Diligence”) so that we may, among others, establish the source of your wealth and funds for any transactions carried out in the course of your use of the Services.

4.4 In providing us with any information, you confirm that it is true, accurate and complete. You are responsible for any losses that occur regarding the submission of invalid/incorrect data. You undertake to immediately notify us if there is any change in the information that you have provided to us and to provide such additional documents, records and information as may be required by us. We shall have the right to send you a notice to demand corrections, remove relevant information directly and, as the case may be, terminate all or part of the Services to you. You shall be solely and fully responsible for any loss or expenses incurred during the use of the Services if you cannot be reached through the contact information provided. You hereby acknowledge and agree that you have the obligation to keep all information provided up to date if there are any changes.

4.5 You authorize us to make inquiries, either directly or through third parties, that are deemed necessary to verify your identity or to protect you and/or us against financial crimes such as fraud and to take action that we reasonably deem necessary based on the results of such enquiries. When we carry out these enquiries, you acknowledge and agree that your information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full.

4.6 We may, in our sole discretion, refuse to allow you to use the Services, or suspend usage of Services, or suspend or terminate accessibility of a third party’s websites, platforms or services.

  1. Services

5.1 We provide the Digital Asset Related services. By using our Services you are provided with a possibility to request a digital asset, i.e., digital currency, payment from third party by generating unique QR code and digital asset wallet address (public key), opened in our name at Digital Currency Exchange. After receiving the digital asset payment in the wallet, we automatically convert digital asset into fiat and transfer it to your account, opened in our Partner’s Platform.

5.2 For the provision of Services we may rely on third parties, such as Digital Currency Exchanges and others. We reserve the right to unilaterally change any of such third-party service providers with which we have established business relationships for the provision of Services at any time. At all times, we will choose such third-party service providers (i.e., Digital Currency Exchanges) based on reputability, security, occupancy, applicable spot commissions etc. and will always strive for the most secure and favorable conditions for receipt of payments and other services thereof.

5.3 Generally Applicable Terms for Services

 

      • Data Sharing. In order to use the Services, including any or all functionalities or features, we or our partners may, at our (or partner’s) sole discretion, require you to provide any kind of additional information or to perform any kind of additional actions that we may deem necessary. Any of the functionalities or features available within the Platform may be subject to a separate verification process to the extent we (or our partners) deem necessary to assess your eligibility to use the Services or certain parts of such;
      • Informing the authorities. Pursuant to Lithuanian Law on the Prevention of Money Laundering and Terrorist Financing Art 20 (31) we are obliged to notify the Financial Crime Investigation Service of your identification data and information on performed digital currency exchange operations or transactions in digital currency, if the value of such monetary operations or transaction is equal to or exceeds EUR 15,000 or its equivalent in foreign or digital currency, whether the transaction is concluded in the course of one or more related monetary transactions within one day;
      • Cancellations and Reversals. You acknowledge that all transactions made due to the generated digital assets / digital currency payment request are final and irrevocable (that is, it cannot be cancelled). We may reverse a transaction only when compelled to do by any applicable law, regulation or AML team decision to reject payment regarding no-compliance. In such case we may charge additional fees for any reversal of transaction. Notably, the fees, applicable to reversible transaction, may substantially differ from the fees, applicable for incoming payment;

 

      • Delays in Transactions. We reserve the right to take longer than our typical processing time to process any generated digital asset / digital currency payment request and/or to suspend the processing of any transaction, for reasons such as conducting additional due diligence or pursuant to a request by our partners or any relevant governmental authority or regulator. We will have no liability or responsibility for any losses that you suffer in relation to the foregoing actions;
      • Custody. All requested digital currency payments will be received in the digital currency wallet, opened in our name at Digital Currency Exchange. After receiving the digital currency payment in the wallet, our service providers will automatically convert digital currency into fiat and will send fiat to our account opened in our Partner’s Platform. And after AML compliance confirmation, we will initiate fiat transfer to your account, opened in our Partner’s Platform. Therefore, custody of digital currency shall not be needed, respectively we are not eligible for any public or private deposit insurance protection;
      • Fees policy. We reserve the right to change or modify our transaction fee structure or increase any of our fees at any time and from time to time. Any such changes, modifications or increases will be effective within 30 (thirty) from the day of your notification by the e-mail. Your first use of the Services following the changes, modifications or increases to the fees will constitute your acceptance of such changes. If you do not agree to such changes, you may stop using the Services. For more information about our fees in relation to the Services, please see Section 6 of this Agreement.
  1. Fees

6.1 You agree to pay us the fees for the Services. The fees are determined at our sole discretion and are non-negotiable. If you do not agree with the fees, you will not be able to use the Services. A detailed information about the applicable fees (volumes, types, amounts etc.) and limits can be found in the Annex No. 1 to the Service Agreement. We may change the fees at any time at our sole discretion and without your consent. Changes to the fees will be effective within 30 (thirty) from the day of your notification by the e-mail.

 6.2 If you use our Services that are facilitated by a third party, additional fees may apply and will be included in the total amount of fees payable by you to us. However, for using our Services you shall be charged only transaction and maintenance Digital currency exchange fees do not fall within such fees and thus shall not be considered as part of the transactions’ fees.

6.3 You authorize us, or our Partner, to charge or deduct your requested digital currency transfer funds for any applicable fees owed in connection with your use of the Services.

6.4 Below is the list of fees that may be applicable for using our Services:

      • a monthly fixed fee for digital currency-fiat payment gateway maintenance;
      • percentage and/or fixed transaction fee for the internal payment processing from the Digital Currency Exchange;
      • percentage and/or fixed fee for withdrawal of fiat from our digital currency wallet opened at Digital Currency Exchange to our fiat account opened at Partner’s Platform;
      • for the receipt of fiat (EUR) funds to your e-money account opened at Partner’s Platform shall be charged based on individual agreement between you and the Partner.

6.5 In case of reversal of payment, as indicated in the Section 3(c), digital currency related payment would be sent back to initial payer by deducting all transaction fees. Notably, the fees, applicable to reversible transaction, may substantially differ from the fees, applicable for incoming payment.

  1. Personal Data Management

 7.1 You acknowledge that you are aware that we may process (collect, use and share) your personal data in relation to our Privacy Policy.

 

  1. Cookies

8.1 For information about how we and our partners use cookies, please refer to our Cookie Policy.

  1. AML Policy

9.1 For information about how we implement AML legal requirements, please refer to our AML Policy.

 

  1. Validity, Termination and Suspension

10.1 At any time and for any reason at our sole discretion we may terminate this Agreement and reject all pending transactions request with or without prior notice to you. In such event, if such is possible, we may also give you an advance notice and guide you through the process of termination of business relationship. We will have no liability or obligation for taking such action.

10.2 In the event of a breach of this Agreement, we may, at our discretion and without liability to you, with or without prior notice, suspend your access to our Services. We may deactivate your access to the Services at our sole discretion, immediately and without prior notice, including, for instance, in the event that you breach your obligation to verify your identity.

10.3 Additionally, this Agreement may be terminated in the following events:

      • due to a mutual agreement between you and us;
      • upon the expiration of the period for which this Agreement was concluded, if the term of the Agreement was not renewed as per procedure prescribed in this Agreement;
      • if one of Party is liquidated;
      • upon the cessation of our provision of the Services;
      • by the termination notice given for any of the reasons specified below.

10.4 We may refuse to complete and/or cancel your digital currency payment requests, reverse a transaction, suspend, restrict, or terminate access to the Services for any reason, including the following:

      • we are, in our reasonable opinion, required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction;
      • where we have reasonable right to believe it is necessary or desirable to protect the security of your funds is or may be used by individuals or legal entities other than the representatives whose names are registered;
      • you are, in our reasonable opinion, in breach of the Agreement or in breach of the security requirements indicated in the Agreement;
      • we detect your unusual activities by using our Services and you are, in our reasonable opinion, using our Services in a suspicious, unauthorized or fraudulent manner including without limitation in relation to money laundering, terrorism financing, fraud or other illegal activities;
      • use of our Services is subject to any pending litigation, investigation, or government proceeding;
      • due to other reasons as indicated anywhere in this Agreement.

10.5 Termination of the Services does not exempt you from any liabilities we incurred by way of this Agreement before. In case of termination of the Services, we have a right to claim fines, forfeits, losses and other amounts paid to third parties or the state from you. You undertake to transfer indicated amounts to your our account within 3 business days from the moment of claim.

10.6 In case of termination of the Agreement or suspension from our Services, we are under no obligation to disclose the reasons for any action taken by us under Clauses 1., 10.2. and 10.4.

  1. Confidentiality

11.1 Confidential information. Confidential information shall be understood as any information that is proprietary or unique to us and which is or may be disclosed by us to you during the term of this Agreement, including the following: terms of this Agreement, information about the Services, Digital Currency Exchanges, other partners, pricing options and other information of us which is not readily available to the public (“Confidential information”).

11.2 During the term of this Agreement and thereafter, each Party shall use and reproduce the other Party’s Confidential information only for purposes of this Agreement and only to the extent necessary for such purpose and will restrict disclosure of the other Party’s Confidential information to its employees, consultants, advisors or independent contractors with a need to know and will not disclose the other Party’s Confidential information to any third party without the prior written approval of the other Party.

11.3 Notwithstanding the foregoing, it will not be a breach of this Agreement for either Party to disclose Confidential information of the other Party if required to do so under law or in a judicial or governmental investigation or proceeding.

11.4 The confidentiality obligations shall not apply to information that:

      • is or becomes public knowledge through no action or fault of the other Party;
      • is known to either Party without restriction, prior to receipt from the other Party under this Agreement, from its own independent sources as evidenced by such party’s written records, and which was not acquired, directly or indirectly, from the other Party;
      • either Party receives from any third party reasonably known by such receiving Party to have a legal right to transmit such information, and not under any obligation to keep such information as Confidential information;
      • information independently developed by either Party’s employees or agents provided that either Party can show that those same employees or agents had no access to the Confidential information received hereunder; or
      • information that is shared with a third party business partners whose services you may have access to or who may provide services in conjunction with us, via the Platform.
  1. Liability and Indemnification

12. 1 You are solely responsible for actions performed by using the Services.

12.2 You are under the legal obligation to act in accordance with this Agreement and applicable law and refrain from any actions that may cause monetary or reputational damage to us, our partners, as well as other our clients.

12.3 We do not warrant that use of Services will be uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected. No warranty is given that our Services will meet the requirements of any third parties or are free from any computer virus or other malicious.

12.4 You acknowledge and agree that any records created and maintained by us of the communications, transaction requests made or performed, processed or effected through the Platform by you or any person purporting to be you, acting on your behalf or purportedly acting on your behalf, with or without your consent, shall be binding on you for all purposes whatsoever and shall be conclusive evidence of such communication and transaction requests.

12.5 to the fullest extent permitted by law, we will not be liable (whether in contract, tort, including negligence, or under any statutory implied terms) for any damages of any kind including without limitation direct, indirect, incidental, punitive, special and consequential damages (including, without limitation, loss of profits, loss of revenue, loss of data or injury) arising out of or in connection with the Services, the inability to use the Services, even if advised of the possibility of such damages.

12.6 You will be liable for all reversals, chargebacks, fees, fines, penalties and other liability and/or losses incurred by us or our partners due to your use of the Services. This will also apply when the loss is incurred by us as a result of your knowingly erroneous claims, defamatory public statements or false accusations. You are under the legal obligation to reimburse us and our partners for any and all such liability.

12.7 We accept no responsibility for any loss or damages if while requesting the digital currency payment to your partner or client you provide incorrect wallet address, to which digital currency payment shall be received.

12.8 It is your responsibility to determine what, if any, taxes apply to your use of our Services, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your use of our Services, or for collecting, reporting or remitting any taxes arising from any transaction.

 

  1. General

13.1 Compliance with Laws and Regulations. You must comply with all applicable laws, regulations, licensing requirements and third party rights (including without limitation all applicable data privacy laws, tax, anti-money laundering and counter-terrorist financing provisions) in your use of the Services. You acknowledge that by accessing and or using third party’s services, you may be obliged to comply with additional legal, regulatory, license or other requirements.

 

13.2 Restricted Activities. In connection with your use of the Services, you agree and undertake that you will not do the following:

      • violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your use of the Services;

 

      • engage in any illegal activity, including without limitation illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data, the financing of terrorism, other violent activities or any prohibited market practices;
      • use specific IT software (e. g., web crawler) to access our Service data or extract other sensitive data or disassemble any aspect of the Services accessible through the Platform to access any source code and algorithms;

 

      • perform any unauthorized vulnerability, penetration or similar testing or take any action that imposes an unreasonable or disproportionately large load on our infrastructure;

 

      • otherwise attempt to gain unauthorized access, computer systems, or networks connected to the Platform, through password mining or any other means;

 

      • engage in any other activity which, in our reasonable opinion, amounts to or may amount to market abuse including without limitation the carrying out of fictitious transactions or wash trades, front running or engaging in disorderly market conduct.

This list is non-exhaustive and nothing contained above should be construed as granting, by implication, estoppel or otherwise, any license or right for the Services to be used for illegal, unlawful, fraudulent, unethical or unauthorized purposes or to promote or facilitate such activities.

 

13.3 License. We grant you a limited, non-exclusive, non-transferable license, subject to the Agreement, to access and use the Services and materials, solely for approved purposes as permitted by us from time to time. Any other use of the Platform, the Services or materials and information is expressly prohibited.

13.4 Intellectual Property. We and our licensors reserve and retain all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to the products, services and all content, information and data contained in or provided on or via the Platform (including all source code, object code, data, information, copyrights, trademarks, texts, graphics and logos). You may not do anything that will violate or infringe such intellectual property rights and, in particular, you shall not copy, download, publish, distribute, transmit, disseminate, sell, broadcast, circulate, exploit (whether for commercial benefit or otherwise) or reproduce any of the information or content contained in or provided on or via the Platform in any form without the prior written permission from us and our licensors. Further, no part or parts of the Platform may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system without our or our licensors’ prior written permission.

13.5 Electronic Communications. You agree that communications between you and us shall be electronic. You consent to receive communications from us in electronic form, including e-mail. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically (including emailing to you at the primary email address and / or through other electronic communication such as text message or mobile push notification) satisfy any legal requirement such communications would satisfy if they were provided in writing. With respect to this Agreement, you waive any rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent such waiver is not prohibited under applicable law.

13.6 Prohibitions. You agree that you will not be permitted to access and use the Services if you:

      • are or become a Sanctioned Person (or a sanctioned legal entity);
      • you are citizen or resident or your legal entity is registered, has presence in or is controlled or owned by citizens or residents of a Sanctioned Country.

 

13.7 Indemnification. You agree to indemnify and hold us and our affiliate(s) and their respective employees, managers, directors, officers, representatives and agents from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees and expenses and any amount paid in settlement to a third party, made by or resulting from any third party (including any government agency or body) due to, in connection with or arising out of your use of the Services, any breach or alleged or claimed breach of the Agreement or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.

 13.8 Remedies. We reserve the right to seek all remedies available at law and in equity for violations of these Agreement, including without limitation, the right to restrict, suspend or terminate your access to the Services without notice; and we shall be entitled to disclose information (including, but not limited to, your corporate details) when cooperating with law enforcement enquiries (whether or not such enquiries are mandatory under applicable law) or where permitted under or otherwise comply with applicable law.

13.9 Waiver. Any failure or delay by us or our affiliates to enforce the Agreement or exercise any right under the Agreement will not be construed as a waiver to any extent of our rights.

13.10 Severability. If any provision of this Agreement is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

13.11 Assignment. You acknowledge and agree that you may not assign, delegate, sub-contract or otherwise transfer your rights and/or obligations under the Agreement. We may transfer, assign, delegate, sub-contract or otherwise transfer its rights and/or obligations under the Agreement without notifying you or obtaining your consent.

13.12 Entire Agreement. The Agreement, including any legal notices and disclaimers contained on this Platform, constitute the entire agreement between us and you in relation to your use of the Services, and supersedes all prior agreements and understandings with respect to the same. 

13.13 Service Availability. We do not guarantee uninterrupted access to the Services. We may suspend access without prior notice during unscheduled system repairs or upgrades and to modify the Services at any time without prior notice. The Platform, including our Services, undergo regular maintenance. During such times, some or all of the functionalities of the Platform and the Services may be unavailable.

13.14 Maintenance. In order to minimize disruption, we will announce beforehand any regular maintenance. Upon resumption of operations, we will work to ensure the Services are restarted in an orderly fashion. We may temporarily halt operations in the event that unanticipated maintenance is required. This may include, but is not limited to, unexpected computer or digital asset network functionality or speed, partner or vendor outages, or cybersecurity incidents. Notice of such a disruption may be communicated to you via electronic communication. During the course of any such unexpected disruption, we will take work to timely restore functionality.

13.15 Financial Services Disclaimer

      • we do not provide financial advice in any form and cannot be considered as a financial advisor or financial services company, a financial brokerage company or an investment company or fund. No content or Services available on the Platform or via any form of communication may be taken as a financial advice or a financial/investment recommendation;

 

      • you must read Section 2 of the Agreement (Risks) before using the Services.

13.16 Internet Access. You agree and acknowledge that any internet access or telecommunications services (such as mobile data connectivity) required by you to access and use the Services shall be your sole responsibility and shall be separately obtained by you at your own cost from the appropriate telecommunications or internet access service provider.

13.17 Governing Law and Jurisdiction. The Agreement and the relationship between us shall be governed by the Lithuanian law without regard to the rules of conflict of laws of any other jurisdiction, subject to any local mandatory rights available to you.

13.18 Dispute Resolution. Any disagreements or disputes between us, arising from the use of Services and being regulated by this Agreement will be brought before the competent courts of city of Vilnius, the Republic of Lithuania, unless they are settled by negotiations between the Parties. Nevertheless, we invite you to raise your issue first by contacting us through the post or e-mail before bringing any legal action before the courts or, as the case may be, any other institutions. If your raised issue cannot be resolved through the negotiations it shall be brought before the courts of Lithuania.