Terms and Conditions

For the purpose of these Terms, the following capitalized terms shall have the meaning ascribed to them hereunder:

“Account” means an electronic money account operated and maintained by the Company in accordance with these Terms.

“Affiliate” means any legal entity directly or indirectly controlling, controlled by or under direct or indirect common control of Company or any Company’s group member.

“AML/CFT” refers to Anti-Money Laundering and Countering the Financing of Terrorism measures. It involves the evaluation and monitoring of transactions and user behaviors to assess the potential risks associated with money laundering from illegal activities or the financing of terrorism. These assessments are conducted in adherence to the guidelines published by international organizations, applicable laws, and the applicable AML/CFT policies.

“Applicable Law” means any law, statute, rule, regulation, order, circular, decree, directive, judgment, decision or other similar mandate of any applicable central, national, federal, state or local governmental authority applicable to these Terms and your use of the Services.

“Force Majeure” means any cause beyond the reasonable control of the parties including, without the fault or negligence of the parties, including acts of God, acts of government, fire, flood or storm damage, earthquakes, epidemic, pandemic, labor disputes, war, riot, theft, malicious damage, public power shortages, malfunctions or failures in public telecommunication or information technology (IT) services, breakdown public infrastructures.

 

“Intellectual Property” means any patents, trademarks, copyrights, design rights (whether registrable or not), logos, copyright, trade, business and domain names, moral rights, reputations, know-how, trade secrets, code, designs, rights in databases, rights in computer software and any other similar rights or obligations whether registrable or not (and including all applications and renewals or extensions of such rights) in any country.

“Know-Your-Client (KYC)” means the procedure of verifying the User’s identity and assessing the risk posed by his activity and use of the Services, in compliance with applicable Anti-Money Laundering (AML) and Countering the Financing of Terrorism (CFT) laws and also includes any applicable Know-Your-Business (KYB) processes and procedures in relation to corporate Users and representatives thereof, and any other applicable customer due diligence (CDD) procedure. As part of the KYC process, Users are required to provide Company or its Affiliates with information necessary for them to comply with Applicable Law. This information includes, but is not limited to, the User’s full name, home address, email address, bank statements, tax returns, audited financials, and any additional information deemed necessary. These procedures are subject to changes from time to time.

“Platform’s Account” means the process of creating a username and password on the Platform, enabling you to complete the application for opening an Account. This includes uploading the necessary documents required for the Account opening procedure, as required during the KYC. Once your Platform’s Account is created, it will serve as a gateway to facilitate your access to the applicable products and services. Additionally, it allows you to get in touch with us regarding any Account-related matters.

“Prohibited Transaction” means any criminal activities, as well as Transactions involving drugs, pornographic content or services, sexually explicit content, illegal gambling, arms, illegal substances, dangerous products, counterfeit or fraudulent goods, unauthorized services, investment schemes not permitted by law, goods or services infringing Intellectual Property rights, Ponzi schemes, or any goods, investments, or services prohibited by Applicable Law and regulations in the User’s country, in Canada or in any other jurisdiction as determined by the Company in their sole discretion.

“Restricted Territories” means (1) any jurisdiction which may be classified as ‘restricted’ by the Company, from time to time, at their sole discretion, including without limitation Iran, Sudan, Cuba, North Korea, Myanmar, Syria, the Crimea, Donetsk or Luhansk regions of Ukraine, Russia, Belarus and Venezuela; (2) any jurisdiction which prohibits the use of the Services or receipt of the Services or any such similar activity; (3) any other jurisdiction that is the subject of country-wide or territory-wide sanctions, embargoes, or other restrictive measures administered or enforced by any applicable country, state or government or inter-governmental organization.

“Restricted Persons” means persons who are not permitted to use or access the Services, and shall refer to any person, firm, company, partnership, trust, corporation, entity, government, state or agency of a state or any other incorporated or unincorporated body or association, association or partnership (whether or not having separate legal personality) that is (1) a citizen of, residing, established in or lawfully existing under the laws of a Restricted Territory; or (2) a target of blocking or denying sanctions or asset freeze sanctions (including appearance in any sanctions list) administered by the governments of any applicable country, state or government or inter- governmental organization, including without limitation United Nations Security Council, US Department of Treasury’s Office of Foreign Assets Control, U.S. Department of Commerce’s Bureau of Industry and Security, HM Treasury’s Office of Financial Sanctions Implementation, the European Union and Canada.

“Transaction” means, as the context permits: (i) a payment transaction; or (ii) a withdrawal of funds; (iii) transfer of funds; (iv) a top up of funds; (v) any other action chosen by the Company, in its sole discretion; and, in each case not including any applicable fees;

“User” means any individual or entity that has been granted authorization to utilize the Services, upon fulfilling all application requirements and complying with the provisions outlined in these Terms.

By accessing, using or interacting with our Platform, you represent and warrant that (i) you are at least 18 years of age and that you are of the legal majority in your country of residence, legally capable of entering into a binding contract, and that you are not aware of any legal, regulatory, commercial, contractual or other restriction which prevent you from using the Services in accordance with these Terms; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorisations to enter into these Terms; (iii) you have not been previously suspended or removed from using the Platform; (iv) your use of the Platform will not violate any and all laws and regulations applicable to you or to the Platform, including, but not limited to, regulations on financial crime, anti-money laundering, anti-corruption, anti-fraud, counter-terrorist financing, sanctions and trade restrictions regulations (for example, the European Union Sanction List), and tax laws; (v) all information and details that you submit to us during the registration process, and thereafter are true, current, complete and not misleading (vi) and your funds come from legitimate sources and do not originate from illegal activities.

 

In order to access and use our Platform, open an Account and use the Services, you will be required to open a Platform’s Account and complete a registration procedure, in accordance with these Terms. As a part of the opening of Platform’s Account, you may be required to provide documentation and any other information we may request you to verify your compliance with these Terms.

After opening the Platform Account, the Company will solely determine whether to approve the Account opening application, at its exclusive discretion. You hereby acknowledge and agree that the Company provides, operates and maintains your Account, enabling you to make and receive Transactions related to your Account.

By registering for the Platform’s Account and creating an Account, you hereby represent and warrant that:

 

1. You are acting solely on your own behalf, and in case of a corporate User – the person submitting the registration is authorized to conduct such operation on behalf of such corporate User.
2. You are not and will not be a Restricted Person, and in case of a corporate User, you will also not be controlled or directly indirectly owned by shareholders or ultimate beneficial owners who are Restricted Persons.
3. You do not reside in, are not established in, or lawfully existing under the laws of any jurisdiction considered a restricted area.
4. You are required to provide accurate, true, current, and complete information regarding your identity, including personal details necessary to complete your registration, such as, inter alia, full legal name, address, email address, or any other required information, as determined by Company at their sole discretion. You bear sole responsibility for maintaining and promptly updating any and all information provided during the registration process, as required. If the User’s information is found to be incorrect or misleading, Company will not be liable for any failure to fulfill any obligations that it may otherwise have to such User pursuant to these Terms.
5. You are allowed to open only one Account and one Platform Account, and multiple or linked Accounts or Platform Accounts are not permitted. Furthermore, you agree not to access any Account or Platform Account other than your own, or to assist others in obtaining unauthorized access to any Account or Platform Account, including your own.
6. You have not already been registered as a User, unless expressly approved in writing by the Company.
7. Company reserves the right to verify your details, at any time and perform background checks on you by request from you to provide Company with further documentation, at its sole discretion, including through the use of specific third party companies, who perform the investigations on Company’s behalf. Such background checks may include, but are not limited to, conducting any KYC, screening, and investigation into your identity and registration details. Company is under no obligation to advise you that such investigation is taking place. In the event Company’s requests for documents are not completed or if Company suspects that the documents have been tampered with, or are in any way misleading or misrepresenting, Company shall be under no obligation to accept such documents as valid and may reject your application and terminate these Terms with immediate effect.
8. After reviewing your registration application, the Company may reject it at its sole discretion for any reason. The User shall have no right to appeal any decision to reject the application. The Company, may impose technical limitations on the gateway facilitating access to your Account pending a review of the information submitted by you may impose limitations on your access or use of the Account that you establish and maintain or suspend any transaction pending a review of the information submitted by you. In such case, the Company shall be solely liable for any suspension of Transactions, any limitation of your Account, and for any rejection of your application to open an Account by the Company or by anyone on its behalf and for any associated rejection or limitation of the relevant Platform Account registration or use. Furthermore, the Company may impose limitations on your access to or use of your Platform Account in its sole discretion.
9. You are solely responsible for the protection and safekeeping of your credentials used to access the Platform’s Account and shall promptly inform Company of any suspected or confirmed breach of security. You shall remain liable for any unauthorized use of the Services caused by you or your negligence, and shall defend against, indemnify and hold harmless Company from any and all claims or damages (including loss of profits, loss of property, fines and penalties), losses and costs (including reasonable attorneys’ fees) resulting from any attempted or actual unauthorized use or access of the Services due to willful or negligent acts or omissions.
10. You are required to notify us immediately of any unauthorized use of your Account or Platform’s Account, suspected compromise of your login information, or any other breach of security, by email addressed to [email protected].
11. You must use your Platform Account and Account in accordance with these Terms as applicable, and refrain from committing any account violations. Account violations encompass using the Account or Platform Account for any Prohibited Transaction or engaging in any criminal or illegal activity. Additionally, any deceptive, fraudulent, inappropriate, or false practices, as well as utilizing the Account in a manner that may breach applicable laws or regulations, such as AML or CFT laws, are considered violations. Moreover, taking actions that interfere, limit, or adversely affect the functionality of the Service, as well as failing to comply with the Company’s requirements and policies, are also considered violations.
12. If the Company deems, at its sole discretion, decide that the activity on your Account or Platform Account as applicable is suspicious or may be related to any Prohibited Transaction or illegitimate operation, the Company or anyone on its behalf may cancel or suspend your Account, block any outstanding transactions, deny any new transactions, freeze any funds available on your Account, report the matter to a competent authority or take any other action (or avoiding taking any action) as it deems appropriate in its sole discretion. In such case, the Company shall be solely liable for such limitation of your Account.
13. If the Company deems, at its sole discretion, that the activity on your Platform Account as applicable is suspicious or may be related to any Prohibited Transaction or illegitimate operation, the Company or anyone on its behalf may cancel or suspend your Platform Account, report the matter to a competent authority or any other entity, or take any other action (or avoiding taking any action) as it deems appropriate in its sole discretion.

The electronic money issued by the Company to you will not entitle you to any interest or any other benefit, including when such electronic money is stored in the Account.

 

You represent and warrant that you understand that there are considerable risks involved in the activities performed using the Platform and as part of the Services, including, without limitation, risks relating to the operational, regulatory and technical risks. You shall carefully consider and exercise clear judgment to evaluate your financial situation and the aforesaid risks to make any decision on using the Services.

Any attempt to breach the security of any Account or the Platform’s Account, including unauthorized access to data not intended for you, is strictly prohibited.

Violating any provision of these Terms or not allowed.

Interfering with the proper operation of the Company or engaging in actions that may interrupt or degrade their Services, is prohibited.

Any action, including outside the Platform, which may negatively affect the reputation of the Company is prohibited.

Avoid any interference or attempt to interfere with the Services provided by the Company to any other User.

When using the Services, you agree to comply with all Applicable Laws. When using the services, you confirm that your actions are conducted in a legal, compliant and proper manner and that your funds do not originate from illegal or inappropriate activities in any applicable jurisdiction.

In case you become aware of any actual or potential event which may impact the integrity, availability, confidentiality, authenticity or continuity of the Services, you are required to notify the Company at the earliest possible and provide the full description of the event and provide all reasonable assistance to the Company as applicable.

There may be additional services available to you through the Platform that are provided or complemented by third parties. Upon accepting these Terms, you acknowledge and agree that third party websites, services, or resources may be linked to by the Services and that third party content, data, information, or other materials may be displayed, included, or made available through the Services. It is your responsibility to ensure that you comply with the terms and conditions of any third parties’ services you access through the Platform, even if they are made available through the Platform.

We are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of third parties’ services. No link on our Platform does not imply our endorsement or any association with their operators. Moreover, you acknowledge and agree that we shall not be held liable or responsible, either directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or reliance on any third parties services, which may be disrupted by circumstances beyond our control. These third parties’ services are not under our control or responsibility. You should direct any claims regarding third party services to the relevant third parties only. The terms and conditions applicable to third parties’ services shall be the terms and conditions of the relevant third party. By using third parties’ services, you agree to engage with the relevant third party and agree to be subject to such third party’s terms and any other terms made available to you by such third party on its platform.

You have the option to close your Platform Account, Account and terminate your use of the Services at any time. As part of the Account closing procedure, you will need to submit an Account closing request using the Platform, following the Company’s closing procedures as provided to you by us respectively. However, the Company retains the right to disallow the closure of an Account or Platform Account as applicable, if, in their sole discretion, the Company believes that the Account or Platform Account is being closed to evade legal or regulatory action.

You acknowledge that these Terms are between you and Company and not with Apple Inc. (“Apple“) or Google Inc. (“Google“). The Google Play Store or the Apple App Store have their own terms and conditions to which you must agree to abide by before downloading the App or any other part of the Services from them.

In case you have downloaded our mobile apps from Apple App Store or if you are using our apps on an iOS device, you acknowledge that you have read, agreed to and understood the following notice regarding Apple. These Terms are between you and Company only, and Apple is not a party to these Terms. Apple is not responsible for the Services and the content presented in the Services. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for our mobile app to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession or use of the Services, including: (1) product liability claims; (2) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services or your possession and use of our mobile apps infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Services. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of these Terms. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

You agree to comply with, and your license to use the Services is conditioned upon your compliance with, all applicable third-party terms of agreement and those of any online application store from which you downloaded our mobile app, as may be applicable, when using the Services.

 

The access to and the use of those Services which are provided by the Company will require the submission of certain personally identifiable information to the Company. Please review Company’s Privacy Policy at the Company’s website.

 

The Services include valuable Intellectual Property protected worldwide under intellectual property laws and treaties. You acknowledge and agree that the Company exclusively owns all Intellectual Property in those Services which are provided by the Company. They may not be copied, reproduced, altered, modified, broadcast, distributed, transmitted, offered for sale, or rented, unless permitted in accordance with these Terms or with the Company’s written consent.

The User may use the Intellectual Property within the scope of permitted private use as allowed by legal provisions.

Accessing or participating in the Services does not grant any express or implied rights to Company’s Intellectual Property.

The User will be liable for any damage, costs, or expenses arising from the misuse of Company’s Intellectual Property rights.

You may submit comments or feedback about the Services (“Feedback”). By submitting Feedback, you agree that it is gratuitous and without restriction, and we are free to use it without any additional compensation to you. No right or license is granted to any Intellectual Property rights, and your use of the Services does not imply rights to use them with other information or materials.

 

In relation to your use of the Services, you hereby also represent, acknowledge and warrant that:

• Company is not a banking institution, investment advisory service, registered investment advisor, portfolio manager, financial advisor or broker-dealer. Company does not provide any advice or recommendations regarding Transactions.
• The indicators, articles, and all other features of the Platform are solely for informational and educational purposes. They should not be considered as investment advice. For any investment-related discussions and risks, consult an investment professional.

The Company endeavors to ensure continuous and secure access to your Platform Account and Account using the Platform. However, there is no guarantee, expressed, implied, or otherwise, that your access or use of the Platform and the Services may not be compromised and that the Company can manage to prevent any possible unauthorized access thereto. Furthermore, there may be instances where access to your Platform Account and Account cannot be granted due to Force Majeure events or scheduled maintenance of the Platform or systems. In the abovementioned events, except in cases of willful intent or gross negligence, the Company shall not be liable for any direct or indirect damages or losses arising from your inability to access your Account or Platform Account.

 

There are significant risks associated with using the Services, and it is your sole responsibility to ensure that you understand and assess whether these risks are appropriate for you. This risk disclosure aims to provide a general outline of some of the risks involved, but it may not cover all potential risks.

By accessing and using the Services, you acknowledge and represent that you are aware of the risks associated with the use of technology and other services in the financial sector. These risks include, but are not limited to:

• Unknown or unintentional weaknesses and bugs that may exist in the underlying systems and Platform.
• Exploitation of the Platform by Users for illegal purposes, such as money laundering and fraud.
• Some transactions may be irreversible.
• Legislative and regulatory changes or actions may adversely affect the Services.

Please carefully consider these and all other applicable risks before using the Services, and if you have any uncertainties or concerns, seek independent professional advice.

 

We also use a tool called “Google Analytics” to collect information about your use of the Website. Google Analytics collects information such as how often users access the Website, what pages they visit when they do so, etc. We use the information we get from Google Analytics only to improve our Website and other services. Google Analytics collects the IP address assigned to you on the date you visit our Website, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to the Website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

 

We reserve the right to change these Terms at any time at our sole discretion, without prior notice by posting the revised version of the Terms on Platform. The revised Terms will take effect immediately upon publication by the Company with effect from the revision date noted at the heading of the Terms. If a User does not agree to the revised Terms, such User should discontinue the use of our Services.

 

You hereby agree to indemnify, defend and hold harmless Company, any Company group entity, their respective shareholders, stockholders, members, officers, directors, employees, agents, licensors, successors, assigns, and any Affiliate of any of the above (the “Indemnified Parties”), from and against any and all claims, losses, liabilities, damages or expenses (including reasonable legal fees and costs) of any nature whatsoever incurred or suffered by any of the Indemnified Parties (collectively the “Losses“), in so far as such Losses (or actions in respect thereof) arise out of or are related to (1) a breach of these Terms including your failure to comply with any obligations, including representations and warranties; (2) a breach of Applicable Law, or of any rights of other Users, or third parties (including but not limited to Intellectual Property rights or rights of privacy); (3) Any Transaction or other direction given by you in relation to or using the Platform concerning your Account, which you dispute; (4) Any fraudulent or negligent actions or misuse of any Account or Services under these Terms, including complaints made by third parties to the Company.

 

You may not transfer, assign, sub-license, or pledge in any manner whatsoever your Account or any of your rights or obligations under these Terms. Company may transfer, assign, sub-license, or pledge in any manner whatsoever any of its rights and obligations under these Terms to any subsidiary, Affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

 

Company may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Services, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms or Company’s Privacy Policy.

 

These Terms, and all related documents, including the Privacy Policy, have been drafted in the English language, which is the original and controlling version of these Terms and of all related documents. All translations of these Terms or any of the related documents into other languages shall be solely for convenience and shall not control the meaning or application of these Terms and such documents. In the event of any discrepancy between the meanings of any translated versions of the Terms or such documents, as applicable, and the English language version thereof, the meaning of the English language version shall prevail.

 

If you have any question, concern, or complaint with relation to these Terms, please feel free to address us at [email protected].