More than
just Crypto payments for Business

INTRODUCTION

INFORMATION WE MAY COLLECT FROM YOU

HOW WE USE PERSONAL DATA

• •to provide You with information, products or services requested from us;
• •to provide You with information, which we feel may interest You, provided that You have consented to be contacted for such purposes;
• •to notify You about changes to our products or services;
• •to ensure that content from the Website is presented in the most effective manner and to keep our Website safe and secure;
• •to allow You to use interactive features of our Website;
• •to verify Your identity for legal/regulatory compliance purposes;
• •to conduct monitoring against any possible fraud, money laundering, terrorism financing or crime risks;
• •to respond to Your inquiries and provide customer support;
• •to conduct market research and carry out marketing activities.

HOW LONG “Colibri” WILL KEEP YOUR PERSONAL DATA

USE OF SERVICES BY MINORS

HOW WE DISCLOSE PERSONAL DATA

• •Our group companies. In order to provide our services/products, we share personal data with our group companies. “Colibri” is the entity responsible for the general use of personal data by other group companies in relation to the services/products provided by “Colibri”;
• •Third-parties in relation to a legal obligation or if we are permitted to do so by law. In certain circumstances we may be under an obligation to disclose or share Your personal data with auditors, regulatory authorities or law enforcement bodies in order to comply with a legal obligation. We may also disclose personal data, if it is permitted by law, in order to enforce or apply the WEBSITE TERMS OF USE or other agreements or to protect our rights, property, customers or others.

YOUR RIGHTS

access

1. General provisions

1.1. The present Agreement is concluded between Company COLIBRI, represented by Director (together hereinafter referred to as Company, we) and the Client (you).

1.2. Eligibility. By using our Service, and entering into this Agreement, you affirm that:

1.2. 1 you are an individual, at least 18 years of age or older, have the capacity to enter into this Agreement and agree to be legally bound by the terms and conditions of this Agreement, as amended from time to time;

1.2.2 you have not previously been suspended or removed from our Service;

1.2.3 you have full power and authority to enter into this legal relationship and by doing so will not violate any other legal relationships;

1.2.4 you are using our Service, with your own email and for your own benefit and do not act on behalf and/or to the interest of any other person;

1.2.5 You will not use our Service, or will immediately cease using our services if you are a resident or become a resident at any time of the state or region (in accordance with such state or region definition of residency), where the crypto asset transactions you are going to execute are prohibited or require special approval, permit and/or authorization of any kind, which Company has not obtained in this state or region. Notwithstanding the above, you are not in any case allowed to access and use our Wallet, if you are located, incorporated or otherwise established, or a citizen or resident of: (i) the United States of America; (ii) Iran, (iii) North Korea, (iv) Sudan, (v) Crimea and Sevastopol; (vi) Nicaragua, (vii) Syria, (viii) Ghana, (ix) Democratic Republic of Congo, (x) China, (xi) Cambodia, (xii) Myanmar, (xiii) Libya, (xiv) Iraq, (xv) Guinea Bissau, (xvi) Lebanon, (xvii) Somalia, (xviii) Yemen, (xix) Afghanistan, (xx) Venezuela, (xxi) Burundi, (xxii) Zimbabwe, (xxiii) Haiti, (xxiv) Central African Republic, and (xxv) Russia, (xxvi) Belorussia (xxvvii) any state, country or other jurisdiction that is embargoed by the United States of America, (xxviii) a jurisdiction where the local Applicable Law prohibits or will prohibit you at any time (by reason of your nationality, domicile, citizenship, residence or otherwise) to access or use the Services (hereinafter, together the «Restricted Jurisdictions»). «Applicable Law» refers to all applicable laws of any governmental authority, including, without limitation, federal, state and foreign securities laws, tax laws, tariff and trade laws, ordinances, judgments, decrees, injunctions, writs and orders or like actions of any governmental authority and rules, regulations, orders, interpretations, licenses, and permits of any federal, regional, state, county, municipal or other governmental authority. Company reserves the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in its discretion, the provision of Service, in certain countries or regions;

1.3. Object of the Agreement: the present Agreement determines the main terms and conditions between the Client and Company when the Client opens a Wallet and uses other services provided by Company. Besides the present Agreement, relationships between Company and the Client related to provision of Services are regulated by legal acts rules and principles of prudence and justice applied to the Client.

1.4. The present Agreement shall be carefully examined by the Client before s/he decides to register open a Wallet and use other Services provided by Company.

2. Company may modify these Agreement by providing notice of such changes, such as by sending you an email, providing notice through the Services, or updating the “Last Updated” date at the top of these Agreement. By clicking on an “I Agree” button or checkbox presented with the modified Agreement, or by continuing to access or use of the Services, you confirm your agreement to the modified Agreement. If you do not agree to any modification to these Agreement, you must stop using the Services. Company encourages you to frequently review the Agreement to ensure you understand the terms and conditions that apply to your access to, and use of, the Services. If you have any question regarding the use of Services, please contact our Support Team by filing a support request at [email protected]

3. Business Relationship

legally binding relationship established between the Company and the Client subject to the use of the Services within the framework of the Agreement. Business Relationship considered to be established if and after the Client is registered Wallet and has read and agreed to the Agreement, by clicking “I Agree with the Terms of Services” button. Respective notice on beginning of Business Relationship shall appear in the Wallet if all registration provisions have been dully performed. Wallet may be opened and Services may be provided only after the Parties have entered into the Business Relationship as defined above. Business Relationship shall have considered terminated if the Parties have terminated the Agreement and Services are not provided any more.

Recipient

An entity indicated beneficiaries of crypto or fiat transfers.

Pricing

The commission will be reflected at the time of the formation of the application..

Client

Entity and a natural (private) person who has registered and created a Wallet. Now service for natural (private) person is under development

Service

the service of exchanging fiat currency against a virtual currency and virtual currency exchange service and payment the invoices of Recipient.

Acceptable language

English, Lithuania

4. Opening of Wallet.

4.1. Under the present Agreement, a Wallet is opened for the Client for an indefinite period of time. The contract is concluded from the moment of the first login according to the data sent to the e-mail.

4.2. Company Wallet gives the Client the opportunity to provide of a service exchanging fiat currency of against a virtual currency and virtual currency exchange service and pays invoices of Recipient.

4.3. If the Client terminates the Agreement or if Company terminates provision of the Wallet service to the Client, money held on the Client’s Wallet shall be transferred to the another wallet, provided by Client.

5. Usage of Company Wallet

5.1. The Client can manage the Company Wallet via the Internet by logging in to his/her Wallet with his/her login name and password.  Client shall create a h3 password that do not use for any other website or online service.

5.2. If the Client indicates wrong data about the Recipient of virtual and/or fiat currency, it shall be considered that Company has fulfilled its obligations properly and shall not repay the transferred amount to the Client. Client may only cancel an order initiated via the Services if such cancellation occurs before Company executes the transaction. Once order has been executed, client may not change, withdraw or cancel authorization for Company to complete such transaction.

5.3. If virtual and/or fiat currency is credited to the Client’s Company Wallet by mistake or in other ways under no legal basis, Company has the right and the Client gives an irrevocable consent in such cases to deduct the currency from the Client’s Company Wallet without Client’s order. If the amount of currency on the Client’s Company Wallet is insufficient to debit the currency credited by mistake, the Client unconditionally commits to repay Company the currency credited by mistake in 3 (three) business days from receipt of the request from Company. If the Client notices that virtual and/or fiat currency that do not belong to him/her has been transferred to his/her Wallet, s/he shall immediately inform Company thereof. The Client has no right to manage currency credited by mistake, which do not belong to him/her.

5.4. The Client confirms that:

– incoming virtual and/or fiat currency transferred to his/her Wallet is not received from illegal activity;
– the Client will not use services provided by Company for any illegal purposes, including the Client’s commitment not to perform any actions and operations in order to legalize money received for a criminal or illegal activity.

5.5. Client’s confirmations, orders, requests, notifications and other actions performed on websites of third persons or other places by logging in to his/her Company Wallet and identifying him/herself in this way are treated as conclusion of a deal confirmed by electronic signature.

6. Funds

6.1. In order to complete an order, Client must first load funds to Wallet using one of the approved external Wallets identified via the Services. Client is solely responsible for use of any external Wallet, and agree to comply with all terms and conditions applicable to any External Wallet.

6.2. The timing associated with a load transaction will depend in part upon the performance of third parties responsible for maintaining the applicable external Wallet, and Company makes no guarantee regarding the amount of time it may take to load funds into Wallet.

6.3. Company has the right to refuse to execute a submitted order if there are doubts that the order has been submitted not by the Client or the submitted documents are falsified. If Company has reasonable doubts that the order has been submitted not by the Client or that the documents submitted to Company are falsified or doubts about the legitimacy or content of the submitted order, Company has the right to demand from the Client to additionally confirm the submitted order and/or submit to Company documents confirming the right of persons to manage the Funds held on the Wallet or other documents indicated by Company via a method acceptable to Company at his/her own expense. In cases mentioned in the present clause Company acts with the aim to protect legal interests of the Client, Company and/or other persons; thus, Company does not undertake the responsibility for losses which may arise due to refusal to execute the submitted order.

6.5. Before executing the payment order submitted by the Client, Company has the right to demand from the Client to submit documents which prove the legal source of money related to execution of the order. If the Client does not submit such documents, Company has the right to refuse to execute the order of the Client.

6.6. Company has the right to suspend and/or cancel execution of the order submitted by the Client if it is required by applicable legal acts or due to other reasons beyond the control of Company.

6.7. If Company refuses to execute the order submitted by the Client, it immediately informs the Client thereof and sends a notification to the Client, except when such notification is technically impossible or forbidden by legal acts.

6.8. Company does not accept and does not execute orders of the Client to perform operations on the Wallet of the Client if money on the Wallet is arrested, the right of the Client to manage the money is otherwise legally limited, or if operations performed by Company are suspended in cases described by applicable legal acts.

6.9. If Funds transferred by the order is returned due to reasons beyond the control of Company (inaccurate data of the payment order, the Wallet of the Recipient is closed, etc.), the returned amount is credited to the Wallet of the Client. Fees paid by the Client for execution of the order are not returned, and other fees and costs related to the returning of money and applied against Company can be debited from the Wallet of the Client.

6.10. Client transactions are monitored. Client should provide Company within 3 (three) working days from the moment of receiving the respective request with all the necessary information concerning completed payment operation, including but not limited to explanations, certificates, other documents and information on issues related to payment operation. In case the requested information is not provided by Client or is incomplete or false, Company is entitled to suspend provision of all or part of services to the Client or/and terminate the Agreement.

6.11. Company may review Client’s withdrawal transaction to mitigate any risks and/or prevent money laundering and to ascertain whether the transaction is connected to any Prohibited Activity (set in section 8). If risk is identified by Company, Company reserves the right to refuse the payment order.
6.12. To activate the Wallet Client, need to sent to Wallet some amount specified inside Wallet, such amount will be included for further Client transaction.

6.13. Only valid payment methods specified by Company may be used for Company Services.

6.14. All exchanges of fiat and virtual currency via Company Service are final. Company do not accept any returns or provide refunds for Client, except as otherwise provided in these Agreement.

6.15. Company ’s use different payment service provider for fiat settlements (pay-in and pay-out) with the Client

6.16. The settlement funds to Client account after request for settlement takes up to 24 hours for virtual currency and up to 3 business days for fiat currency.

7. Submission and Cancellation of the Consent, Cancellation of the Order

7.1. The Payment operation is considered authorized only after the Client gives his/her Consent. The Consent can be confirmed by an electronic signature, the Password or descriptor, and/or other identity confirmation instruments. The Consent confirmed via any of the methods described in the present clause is considered appropriately confirmed by the Client, bears the same legal power as a paper document (Consent) signed by the Client and can be used as evidence when settling disputes between Company and the Client in courts and other institutions. The Client does not have the right to challenge the payment operation performed by Company if the payment order has been confirmed by a Consent submitted by a method defined in the present clause.

8. Prohibited Activities

8.1. The Client, when using Company services, has no right to:

• fail to observe the Agreement, , valid legislation and other legal acts, including but not limited to, legal acts related to anti-money laundering and combating terrorist financing;
• provide false, misleading or incorrect information to Company;
• refuse to provide information reasonably requested by Company;
• transfer and/or receive money acquired in illegal manner;
• refuse to cooperate with Company in investigation of violations and identification of the Client;
• use the Wallet and other services of Company in a way which causes losses, responsibility or other negative legal consequences to Company or other third persons;
• undertake any other deliberate actions which could disturb provision of Company Services to the Client or third parties or disturb proper functioning of the Wallet;
• provide services which are prohibited by the law or conflict with public order and good morals;
• disclose Passwords and other personalized safety features of Payment instruments to third persons and allow other persons to use Services under the name of the Client.
• breach any law, statute, contract, regulation (including anti-money laundering);

8.2. The Client shall reimburse all direct damages, fines and other monetary sanctions applied to Company due to failure to observe or violation due to the fault of the Client, including but not limited to, clause 8.1 of the present Agreement.

8.3. Access the Services from a country, where Services are not provided by Company;

8.4. Use an anonymous Wallet.

9. Sending Notifications of the Parties, Communication and Consultation of Clients

9.1. The Client confirms that s/he agrees with provision of notifications by Company to the Client by publishing them in wallet and sending them via email address indicated by the Client during registration in the Wallet.

9.2. Company shall have the right to adjust its commission and fees in accordance with any changes in fees charged to Company by a third party. Company will use commercially reasonable efforts to inform Client of any such fee changes at least thirty (30) calendar days prior to the fee changes taking effect, unless Company has been notified by the third party of said changes within a shorter timeframe or is required to pay such charges in a shorter timeframe.

9.3. The Client undertakes to check his/her email inbox and other instruments used for reception of notifications indicated on the Wallet at least once a business day, in order to notice notifications about changes in the Agreement in time.

10. Amendments to the Agreement

10.1. Company has the right to unilaterally amend and/or supplement conditions of the Agreement by following the notification procedure set forth the present Agreement.

10.2. The Client has no right to change and/or amend conditions of the Agreement unilaterally.

10.3. If the Client does not agree to amendments of the Agreement, s/he has the right to refuse from provision of Company services and terminate the Agreement notifying Company thereof 30 (thirty) days in advance.

11. Suspension of service provision. Termination of the Agreement (removal of the Wallet)

11.1. Company has the right to unilaterally and without a prior warning apply one or several of the following measures:

• suspend execution of transfers;
• suspend provision of all or part of services to the Client;
• limit Client’s access to the Wallet;
• detain Client’s money which has caused a dispute;
• fully or partially suspend payment operations on the Wallet and/or the Payment instrument;
• refuse to provide services;

11.2. In case Company has reasonable suspicions that the Client is engaged in money laundering, financing of terrorism or other criminal activity is processed, Company has the right to suspend provision of services without providing the Client with explanation or notification till reasonable suspicions are fully denied or proved.

11.3. Under a request of Company the Agreement and may be terminated immediately if no operations have been made on the Wallet of the Client for more than a year.

11.4. Termination of the General agreement does not exempt the Client from appropriate execution of all responsibilities to Company which have arisen till the termination.

12. Confidentiality and Data Protection

12.1. The Parties undertake to protect each other’s’ technical and commercial information, which has become known to them while executing the present Agreement. Client undertakes not to transfer technical and commercial information of Company to third parties without a written consent from Company.

12.2. The Parties expressly agree that messages transferred via mail and email can be considered evidence when settling disputes between Company and the Clients.

13. Liability of the Parties

13.1. Each Party is responsible for all fines, forfeits, losses which the other Party incurs due to violation of the Agreement made by the guilty Party. The guilty Party undertakes to reimburse direct damage incurred due to such liability to the affected Party. In all cases, liability of Company under the Agreement is limited by the following provisions:

13.2. Company shall only be liable for direct damages caused by a direct and essential breach of the Agreement made by Company, and only for such damages which could have been reasonably anticipated by Company during the breach of the Agreement.

13.3. In all cases, Company shall not be responsible for the profit and income the Client has not received, loss of Client’s reputation, loss or failure of Client’s business, and indirect damages.

13.4. Company does not guarantee uninterrupted Wallet operation, because Wallet operation can be influenced (disordered) by many factors which are beyond control of Company. Company shall put all efforts to secure as fluent Wallet operation, as possible; however, Company shall not be liable for consequences originating due to Wallet operation disorders.

13.5. Company is not liable for:

• Money funds transfer from the Wallet and for other payment operations with money on the Client’s Wallet if the Client has not protected his/her Passwords and identification instruments, and they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and/or illegal documents or illegally received data;
• errors made by banks, payment Wallets and other third persons;
• consequences which arise after Company legally terminates the Agreement, cancels Client’s Wallet or limits access to it, also after reasonable limitation/termination of provision of a part of the Services;

13.6. The Client is fully responsible for the correctness of data and orders provided for Company and when filling in documents in the Wallet.

13.7. The Client bears all the losses that have arisen due to unauthorized Payment operations these loses have been incurred due to:

• usage of a lost or stolen payment instrument;
• illegal acquisition of a payment instrument if the Client has not protected personalized security features (including identity confirmation instruments).

13.8. The Party is relieved from the liability for failure to perform the Agreement if it proves that the Agreement has not been executed due to circumstances of Force Majeure which are proven in accordance with the procedure established by the law. The Client shall notify Company about Force Majeure circumstances which prevent execution of the Agreement in written within 10 (ten) calendar days after the day of occurrence of such circumstances. Company shall notify the Client about Force Majeure circumstances via email.
Company h3ly recommend that Client monitor Wallet closely on regular basis.

Risk Disclosures

• The following list of risks associated with crypto asset and the Services is not exhaustive:
• Company provides an execution-only service and does not advise on the merits of any particular transactions, trading risk or their tax consequences, and Company does not provide any other financial, investment or legal advice in connection with the Services. To the extent that Company or it’s representatives do provide trading recommendations, market commentary, or any other information, the act of doing so is incidental to Clients relationship with Company and such information may not be considered as investment or financial advice and should not be construed as such. Any decision to buy or sell any assets is the Client’s decision and Company will not be liable for any loss suffered from this decision.
• Client accepts the risk of trading crypto asset . In entering into any transaction, Client represents that Client have been, is, and will be solely responsible for making Client’s own independent appraisal and investigations into the risks of the transaction and the underlying asset. Client represents that has sufficient knowledge, market sophistication, professional advice and experience to make it’s own evaluation of the merits and risks of any transaction or any underlying asset.
• Crypto asset and transfers:
• Trading crypto asset can be extremely risky. Each crypto asset has unique features that make it more or less likely to fluctuate in value. In addition, factors beyond Company ’s control may affect market liquidity for a particular Crypto Asset, such as regulatory activity, market manipulation, or unexplainable price volatility.
• Client accepts all consequences of sending crypto asset to any address or platform. Crypto asset transactions may not be reversible. By sending of Crypto asset to an address or platform, Client accepts the risk that Client will not be able to cancel such transaction.
• Compliance. Client is responsible for complying with applicable law. Client agrees that Company is not responsible for determining whether or which laws may apply to Clients transactions, including tax law. Client is solely responsible for reporting and paying any taxes arising from use of the Company services.
• No deposit protection. Digital assets held in your Wallet are not subject to deposit insurance protection.
• Attacks on blockchain networks. Company does not have any ability to prevent or mitigate attacks on blockchain networks.

15. Client’s disputes

15.1. Company aims to settle all disputes with the Client amicably, promptly and on terms acceptable to Parties; thus, in case of a dispute, Clients are encouraged to, first of all, address Company directly. Disputes are solved by negotiation.

15.2. The Client may submit any claim or complaint regarding services provided by Company by sending a notification via email or making a phone call.

15.3. The complaint shall specify circumstances and documents on the bases of which the complaint has been submitted. If the Client bases his/her complaint on documents which Company does not possess, the Client shall also submit such documents or their copies when filing the complaint.

15.4. Terms of examination of claims or complaints of Clients:

• Company shall examine Client’s claim or complaint and notify the Client about the decision not later than within 30 (thirty) days, except when legal acts or other Company binding acts related to provision of Services (e.g. rules of international payment card organizations) establish a different time limit.
• If Company cannot provide the answer to the complaint of the Client within the time period specified in the clause 15.4.1, Company shall inform the Client about the reasons and indicate when the Client will receive the answer;

15.5. If the Client is not satisfied with the decision of Company, the Client has the right to use all other legal remedies to protect his/her rights.

15.6. The Terms are governed by the laws of Lithuania. The Client agrees to submit to the non-exclusive jurisdiction of the Lithuania courts.

16. Final Provisions

16.1. Titles of sections and articles of the Agreement are intended solely for convenience of the Parties and cannot be used for interpretations of provision of the present Agreement.

16.2. Company shall not be responsible for execution of tax obligations of the Client, or calculation and transfer of taxes applied to the Client.

16.3. If any provision of the Agreement is recognized invalid, the other provisions of this Agreement do not cease to apply.

16.4. The Agreement comes into effect as provided for in clause 2. of the Agreement. The Client can save the text of the Agreement during his/her registration in the Wallet.