Last Update: 22nd of March, 2021
Please leave the Website and do not use any Services if you do not agree with the terms and conditions laid down below. Otherwise, you take all risks and responsibility for holding and dealing in VA, though we have warned you. Please note that when you accept these Terms, you are accepting all of the terms and conditions and not just this section.
- 1.1. Account – a personal account, opened by User on the Website to access Services on the Website.
- 1.2. API - means an application program interface.
- 1.3. Applicable Law – laws of British Virgin Islands, applicable under these Terms to any and all relations between You and the Company.
- 1.4. Confidential information - all information that is not publicly available, which User determines, orally or in writing, as confidential, or which, based on the circumstances of its disclosure, should be considered confidential.
- 1.5. Deposit – a transaction, which involves the transfer of units of VA from external wallets to your Account.
- 1.6. Fee – commission or other costs, charged by the Company for the use of Services.
- 1.7. Kuna Labs Business Inc (also referred to as the 'Company', 'We', 'Our') – a company, incorporated in British Virgin Islands under Company Number 1995923 with a registered address at Intershore Chambers P.O. BOX 4342 Road Town, Tortola, British Virgin Islands which provides you access to the Services on the Platform.
- 1.8. KUNA PAY (also referred to as the 'Platform') – an online crypto processing platform, operated by the Company, that offers to B2B market players (Users) a high quality technical solution of payment gateway use for receiving payments and making payments with their customers, including solutions for VA transactions, performed under powers of our Third parties involved. Named Services, laid down in Section 3 of the Terms.
- 1.10. Services – any services, provided on the Platform by the Company, laid down in Section 3 of the Terms.
- 1.11. User (also referred to as 'You', 'Your', 'Merchant') – an individual or a legal entity, incorporated in an appropriate legal form, which acts through B2B market as merchant, has opened an Account on the Website, has the capacity to enter into a legally binding contract and use the Website, and is not prohibited to do so and use the Services by the Applicable Law or any other laws that may apply, and which doesn’t carry any activity listed in Section 5.5.
- 1.12. Virtual asset (VA) – decentralized peer-to-peer digital asset, that is not legal tender, is not securities, e-money, or money under the Applicable Law, and can be transferred and traded.
- 1.13. Website – an Internet website, maintained and owned by the Company at https://pay.kuna.io.
- 1.14. Withdrawal – a transaction, which involves the transfer of the units of VA from your Account to external wallets.
2. TERMS AND USE STATUS ACCEPTANCE
- 2.1. These Terms constitute a legally binding agreement between you and the Company.
- 2.2. These Terms apply to any and all Services, information, texts, and other products, offered on the Website by the Company.
- 2.4. You cannot use the Website and create the Account if you have not read, understood, and accepted all the provisions of these Terms.
- 2.5. The Company may change, remove, or add the context of the Terms and reserves the right to do so in its sole discretion. All new and/or revised provisions of the Terms take effect immediately and apply to your use of the Website, the Account and the Services from that date on. Please, check these Terms regularly to be aware of all current provisions of these Terms.
- 2.6. The Company may notify you about significant changes in these Terms. This can be done by posting a notification on the Website or sending you an email (if appropriate).
3. KUNA PAY SERVICE
- 3.1. VA wallet service enables the User to store, transfer, and manage its balances of certain supported VA (collectively, “VA Transactions”). The Company will process VA Transactions in accordance with the instructions it receives from the User.
- 3.2. VA processing service enables the User to receive payments for goods and services from its clients, and make pay - outs to its clients in VA on the checkout of its platform.
- 3.3. The Company may refuse to process or cancel any pending VA Transaction as required by law or any court or other authority to which the Company is subject in any jurisdiction. The Company further reserves the right to delay any VA Transaction if the Company perceive a risk of fraud or illegal activity. The Company also has the right to refuse to process or cancel any VA Transaction due to technological issues with the blockchain software, its own software, or for other technological reasons.
- 3.4. The Services are available only in connection with those VA that the Company supports which may change from time to time. The User will not use the Account or its VA wallet to store, send, request, or receive VA in any form that the Company does not support (the Company will use reasonable efforts to help the User move or sell VA that the Company no longer supports). The Company assumes no responsibility or liability in connection with any attempt to use the Account or VA wallet for VA that the Company does not support.
- 3.5. The User acknowledges that:
(i) the Company is not a bank or brokerage and the Services provided are facilitation services rather than banking services; and
(ii) the Company is not acting as a trustee, fiduciary or escrow with respect to the User’s VA or funds, but is acting only as a service provider.
- 3.6. The Users clients can provide the following VA transactions: VA deposit, balance top up in fiat currency, withdrawal of VA, withdrawal of fiat currency, sell VA for fiat currency, buy VA for fiat currency, exchange VA to another VA.
- 3.7. The User agrees that the User will not receive interest or other earnings in the Account or VA wallet from the use of the Services except through its own VA Transactions and the Company has no responsibility or liability to the User for VA Transactions conducted by the User or conducted by the Company in accordance with User’s instructions. The User is prohibited from using the Services for any illegal or fraudulent purposes or for the purpose of consummating transactions for any other parties.
- 3.8. By initiating VA Transactions or by sending and receiving VA, the User appoints the Company as its nominee custodian to manage the Account where it is appropriate in the sole opinion of the Company or by User’s instruction. Should the Company suffer any damage, expense, liability, cost or loss from the User’s use of the Services, the User shall indemnify and reimburse the Company in full for such damage, expense, liability, cost or loss within five days of receiving an invoice from the Company (the “Payment Deadline”).
- 3.9. If the User fails to pay by the Payment Deadline or payment is not sufficient to reimburse the Company for such damage, expense, liability, cost or loss, the Company reserves the right to debit the Account accordingly and/or to withhold amounts from VA or funds the User has requested to transfer.
- 3.10. During registration of the Account and at any other time the User has the Account, the User agrees to provide the Company with the information the Company requests for the purposes of ongoing due diligence, identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permits the Company to keep a record of such information. The User agrees and represents and warrants that all information the User provides Company at any time will not be false, inaccurate or misleading. The User will need to complete certain verification procedures before the User is permitted to use the Services. User’s access to the Services and the limits that apply to its use of the Services, may be altered, suspended or terminated as a result of information collected about the User on an ongoing basis and/or User’s failure to provide the Company with information the Company requests on a timely basis. The User authorizes the Company to make inquiries, whether directly or through third parties, that the Company considers necessary to verify User’s identity or protect the User and/or the Company against fraud or other financial crime, and to take action the Company reasonably deems necessary based on the results of such inquiries. When the Company carries out these inquiries, the User acknowledges and agrees that its personal information may be disclosed to fraud prevention or financial crime agencies and that these agencies may respond to the Company’s inquiries in full.
4. USING COMPANY SERVICES. PROHIBITED ACTIVITIES
- 4.1. User (also referred to as 'You', 'Your', 'Merchant') – an individual or a legal entity, incorporated in an appropriate legal form, which acts through B2B market as merchant, has opened an Account on the Website, has the capacity to enter into a legally binding contract and use the Website, and is not prohibited to do so and use the Services by the Applicable Law or any other laws that may apply, and which doesn’t carry any activity listed in Section 5.5.
As a User of the Services, We grant you a limited, personal, non-commercial, non-exclusive, non-transferable, and revocable license to use Services. License fees to be paid under provisions of Section 12 below.
- 4.2. The User agrees not to engage in any of the following prohibited activities which may be amended by the Company from time to time in its sole discretion (“Prohibited Activities”). The specific types of prohibited activities listed below are illustrative, but not exhaustive. If the User is uncertain as to whether or not its use of the Services involves a Prohibited Activity, please contact the Company as soon as possible ([email protected]). By accessing and using the Services and opening the Account, the User confirms that the User will not use the Account, or the Services to do any of the following:
4.2.1. Unlawful Activity. Being an individual or entity sanctioned under sanctions programs administered in the countries where the Company carries on business or which regimes may be applicable to the Company’s operations, including, but not limited to, European Union law sanction programs and sanctions programs administered by the United Nations, United States, United Kingdom and others (collectively, the “Sanctions Programs”); carry on activity which would violate, or assist in violation of, any law, legislation, statute, ordinance, regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising) or Sanctions Program, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any illegal material or information; or be in violation of any court order.
4.2.2. Unlawful Businesses. Carry on any of following businesses or activities:
(i) child pornography and the creation, sale or distribution of other obscene materials (including literature, imagery and other media) and sexually-related sites offering prostitution and escorts services;
(ii) unlawful gambling and/or unlawful gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering, lotteries, bidding fee auctions and office pools) with the exception of payments for online gaming transactions that are expressly authorized by law in the jurisdiction of both the sender and the recipient of the payment;
(iii) fraudulent businesses, sale of counterfeit or unauthorized or stolen items or the sale of goods or services that are illegally imported or exported;
(iv) marijuana dispensaries and related businesses where it is illegal to carry on such businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; or toxic, flammable, and radioactive materials;
(v) sale of narcotics or illegal substances, and any equipment designed for making or using such drugs;
(vi) ponzi schemes, pyramid schemes, high risk investment schemes and other businesses that the Company determines in its sole discretion to be unfair, deceptive, or predatory towards consumers; and
(vii) any businesses that the Company believes poses elevated financial risk, legal liability, or violates the law.
4.2.3. Abusive Activity. Transmit or upload any material to the Services that contains viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or any other harmful or deleterious programs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; actions which impose an unreasonable or disproportionately large load on the Company’s infrastructure, or detrimentally interferes with, intercepts, or expropriates any system, data, or information; attempt to gain unauthorized access to other clients’ accounts, computer systems or networks connected to the Services, through password mining or any other means; use account information of another party to access or use the Services; transfer the Account access or rights to the Account to a third party, unless by operation of law or with the Company’s express permission; any activity which creates costs, expenses, losses or liability for the Company or causes the Company to lose (in whole or in part) the services of it ISPs or other suppliers; activity which operates to defraud the Company, other Users, or any other person including, without, limitation, taking funds or VA from the Company’s platform or from other Users that is not rightfully and legally belong to the User or overdrawing or removing more VA or funds from the Company’s platform than were legitimately in the Account; modifying, disassembling, decompiling or reverse engineering the Services; provide any false, inaccurate, or misleading information to the Company; transmitting spam, chain letters, or other unsolicited email; attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; impersonating another person or otherwise misrepresenting User’ s affiliation with a person or entity, conducting fraud, hiding or attempting to hide the User’s identity; use any device, software or routine to bypass Company’s robot exclusion headers, or to interfere or attempt to interfere with any activities conducted on the Services; accessing any content the Services through any technology or means other than those provided or authorized by the Company; bypassing the measures the Company may use to prevent or restrict access to the Services, including without limitation removing, circumventing, disabling or otherwise interfering with security-related features or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; or deleting Company’s copyright or other proprietary rights notices.
4.2.4. Intellectual Property Infringement. Engage in transactions which violate, infringe or misappropriate any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party), right of publicity or privacy or commit a tort; use of Company’s intellectual property, name, or logo, including use of the Company’s trade or service marks, without express consent from the Company or in a manner that otherwise harms the Company or its brand; create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity, or fraudulently or otherwise misrepresent that the User has an affiliation with a person, entity or group.
- 4.3. The Company reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process, or governmental request. The Company reserves the right to cancel and/or suspend the Account and/or block transactions or freeze funds immediately and without notice if the Company determines, in its sole discretion, that the Account is associated with a Prohibited Activity.
5. USER'S ELIGIBILITY
- 5.1. To access the Services, you must open an Account on the Website by undergoing a registration on the Website, pass through the compliance procedure by provision of all required information and connect through the API.
- 5.2. The Services and the use of the Website 'Platform' are available to individuals or legal entities, that:
- are at least 18 years old (for individuals);
- have the capacity to enter into a legally binding contract and use the Website, and are not prohibited to do so and use the Services by the Applicable Law or any other laws that may apply;
- are residing or incorporated in countries and territories we support;
- doesn’t run any activity as listed in Section 5.5.
If You are using Our Services on behalf of a legal entity, you further represent and warrant that:
(a) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and
(b) you are duly authorized by such legal entity to act on its behalf.
You can only use our Services if permitted under the laws of your jurisdiction. Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to You. By using Services, You represent and warrant that You meet all eligibility requirements that we outline in these Terms.
- 5.3. You can only have one Account on the Website. You should not create more than one Account on the Website unless expressly permitted by the Company.
- 5.4. You cannot create an Account on the Website if your Account has previously been suspended by the Company.
- 5.5. Services aren’t available for Users:
5.5.1. who carry out Prohibited activities, named in Section 4 and activities related to the sale and purchase, exchange, other transactions involving the transfer of ownership, possession, use, disposal of the following groups of goods or services:
1) alcoholic beverages;
2) cigarettes and tobacco products;
3) narcotic substances and precursors;
4) pornographic materials or items, child pornography, escort services or prostitution services;
5) drugs, pharmacological products, medicines;
6) stolen, illegally obtained goods;
7) items posing a danger to life and health;
8) non-existent goods;
9) human organs and remains, and organs and remains of animals;
10) special technical means of secretly obtaining information;
11) any electronic, mechanical and computer equipment prohibited or restricted in circulation or use;
12) state awards; personal documents, as well as forms of these documents;
13) objects of history and art that constitute the cultural values of the country in which the consumer is located;
14) firearms, edged weapons, traumatic weapons, stun guns, as well as ammunition and accessories for them;
15) special means of active defense used by law enforcement agencies;
16) precious metals and precious stones not in the product;
17) counterfeit currency and currency values;
18) rare and prohibited for sale animals, incl. animals listed in the CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora);
19) any other goods and services prohibited by applicable law.
5.5.2. who sell goods or services without a corresponding permit or license, which requires an appropriate permit and/or a license for at least one of the parties to the transaction; who are suspended or removed from using the Services; persons who are not in compliance with this Terms; and persons who are not lawfully permitted to use the Services, cannot enter into legally binding contracts or who, in Company’s sole opinion, present an unacceptable level of risk to the Company, the Services or to others. Any use of the Services by anyone who falls within such categories is strictly prohibited and in violation of this Terms.
- 5.7. If a person opens the Account on behalf of an organization, or other entity, then
(i) “User” includes such person and that entity, and
(ii) such a person represents and warrants that they are an authorized representative of the organization or entity with the authority to bind the organization or entity to these Terms, and that the person agrees to these Terms on the entity’s or organization’s behalf.
- 5.8. The Services are not available in every jurisdiction and the Company reserves the right to select the markets and jurisdictions where the Company provides the Services. Persons and entities in jurisdictions where the Company does not provide the Services are prohibited from using or accessing any of the Services.
- 5.9. Any User may be denied to provide the Service at our discretion in case of any suspicion that the activities carried out by the User are aimed at money laundering, terrorist financing and any illegal activity, and / or are in any way undesirable and unsuitable for us.
- 5.10. We may still refuse to let certain people access or use Services, however, and we reserve the right to change our eligibility criteria at any time.
6. REGISTRATION REQUIREMENTS
- 6.1. In order to receive access to the Services, provided on the Website, you will have to provide certain information and documents and undergo a verification procedure.
- 6.2. To register Account, you must provide us with:
- your business or trade name,
- physical address, email, phone number,
- business identification number,
- URL of your web-site,
- the nature of your business or activities, and certain other information about you that we require.
The Company may at any time request you to provide additional documents and information and/or updated documents and/or information and documents submitted before and reserves the right to do so at its sole discretion. Failure to abide by these requirements may result in temporary or permanent cessation of Services provision and/or Account suspension.
- 6.3. You are solely responsible for the accuracy, validity, and correctness of all information and documentation you submit to the Company. Should there be any error, mistake, update, or change in information or documents you have submitted prior, you are obliged to notify the Company immediately.
7. SENDING AND RECEIVING PAYMENTS. ACCOUNT BALANCE
- 7.1. The User may accept the payment for goods and/or services provided to its clients (end-customers) or make a pay-out to its client, either manually, by providing the client with an address specified by the Company or withdrawing VA to the client’s address through the Account, or by integrating the Company’s payment service gateway through API connection.
- 7.2. The User may withdraw VA from the Account to an external VA wallet (address) or request the Company to execute a pay-out in favour of its client; however, the Company reserves the right to require the User to provide certain information including, without limitation, identification information and settle any outstanding fees or other amounts prior to completing any withdrawals or pay- outs.
- 7.3. The User is responsible for maintaining adequate balance and sufficient proceeds in the Account in order to pay for fees and complete transactions and in order to avoid overdraft, insufficient funds, or similar fees being charged.All VA Transactions are at User’s sole risk.
- 7.4. When the User sends a payment to a third party through the Services, the recipient is not required to accept the payment. The recipient may return the payment. The Company is not responsible and liable for any payments sent through the Services that are rejected or unclaimed by a recipient.
8. USER CONDUCT
- While visiting, accessing, using the Website and Services, you agree to:
- not violate or assist any third party in violating these Terms and/or any Applicable Law, which may include but is not limited to international laws, national laws, statutes, regulations, etc.;
- not provide false, inaccurate, incomplete and misleading information to the Company;
- not violate intellectual property rights (trademark, copyright, patent, and other intellectual property rights) of the Company;
- not use the Website in any way that can damage, disable or overburden the Website, which may include but is not limited to uploading or in any other way, while using the Website, sending viruses, Trojan horses, spyware, adware or any other malicious code; performing DDoS attacks, interfering with or disrupting any network, equipment, or server connected to or used to provide services on the Website;
- not attempt to gain unauthorized access to the Website, other Users' Accounts, computer systems or networks connected to the Website or to extract data from the Website;
- not share your Account and/or password and/or keys with third parties or use any other person's Account and/or password;
- not impersonate or misrepresent your affiliation with another User, person or entity, nor make other fraudulent, false, deceptive, or misleading representations;
- not violate any laws that apply in your jurisdiction concerning the use of VA;
- not violate these Terms and the Applicable Law in any other way.
9. TRANSACTIONS (DEPOSITS / WITHDRAWALS) AND COMPLIANCE
- 9.1. Before using the Services, you have to deposit units of VA to your Account by following Deposit instructions on your Account page. Please carefully read Deposit instructions.
- 9.2. You can withdraw units of VA at any time at your sole discretion subject to Account transaction limits and temporary or permanent restrictions imposed in course of internal investigation or by law (e.g. court orders).
- 9.3. You can withdraw your units of VA in any amount, provided there are enough VA units to cover the applicable Fees.
- 9.4. Each Withdrawal of VA is subject to the fee charged by the respective blockchain network. When sending your transaction to the blockchain, we will try to keep the balance between reasonable fees and speed of processing, however, we reserve the right to determine the exact amount of mining fee to be set in our sole discretion.
- 9.5. The Company shall not be liable for the transfer of your units of VA to other wallets. You are solely liable for the accuracy of information, required for carrying out a Withdrawal (i.e. addresses, tags and any other required credentials). The Company strongly advises you to always double-check the accuracy of information provided for Withdrawal purposes.
- 9.6. You shall always keep in mind that blockchain transactions are irreversible, and therefore, once transaction details have been submitted via the Services, we cannot assist you to cancel or otherwise modify Your transaction.
- 9.7. We care about Company reputation and User’s safety. To stay safe we need to check and examine each User’s incoming (deposit) VA. For this purpose we engage our reliable partners as advanced blockchain explorers, analytics and risk assessment tools/experts, which provide risk-based analysis of each incoming transfer. While examination VA stays blocked at technical account until receipt of competent compliance approval. After receiving a positive evaluation VA to be credited at the account. In case of compliance reasons (for example: high risk of incoming VA, any links with mixers or tumblers and/or forbidden platforms etc.), VA won’t be credited at a User's account.
- 9.8. Company is not a regulated entity so under legislation we are not obliged to perform KYC procedures, but our brand, reputation and quality of our Services as well as User’s safety - our highest value. So due to the Company policies we do our best to protect Company and Users against ML/TF and any other illegal risks. So we strongly recommend our Users to carry out the KYC for their each new partner. Moreover we offer an additional KYCC (Know Your Customer's Customer) Service for our Users to examine and ensure their partners are legal and reliable.
- 9.9. Company has no control over any blockchain and doesn’t have the ability to facilitate any cancellation or modification requests. You must ensure that you have an adequate balance in your Wallet to complete transactions before initiating a transaction. You acknowledge and agree that We will not be liable for any failed transactions due to insufficient funds associated with Your Wallet account.
10. REFUND POLICY.ERRORS AND WRONG ADDRESSES
- 10.1. It is the nature of cryptocurrencies and the other VA that the Company supports that all VA Transactions are final with no method of refunding, charging back or other recourse for the sender of the VA. As such the neither Company nor the User are unable to cancel, reverse or provide refunds for any VA Transaction made through the Services once it has been broadcast to the relevant VA network.
- 10.2. If a VA Transaction has not yet been confirmed on the VA network, VA associated with such a transaction will be designated as pending and will not be included in the User’s VA wallet balance or be available to conduct VA Transactions. The User cannot reverse or change any VA Transaction marked as complete or pending.
- 10.3. If the User has sent VA to the wrong VA address, VA wallet or blockchain, or to a delisted VA and it needs to be recovered by the Company manually there will be a recovery fee equal to 10% of the recovered VA, but not less than 100,00 (one hundred) USD, if the VA can be recovered at all, and the Company reserves the right in its sole discretion to not attempt to recover small amounts. This would also apply to VA that requires a destination tag, payment ID, memo, etc. that was not sent or sent to an incorrect address. The Company will not recover VA the Company does not support. The User must contact the Company within 30 days after an applicable VA Transaction for the Company to recover User’s VA, if recoverable, or it will be forfeited.
- 10.4. The User accepts and acknowledges that the Company is not liable or responsible for any errors or omissions whatsoever that are made in connection with any VA Transaction initiated via the Services using the wrong details (i.e. destination address, tag, etc). The Company strongly encourages the User to review its transaction details carefully before attempting to transfer a VA.
11. ACCOUNT CLOSING AND SUSPENSION
- 11.1. The User may close its Account at any time after withdrawing all balances subject to minimum amounts which technically cannot be withdrawn. Upon closure of the Account, the User authorizes the Company to cancel or suspend any pending transactions at the time of cancellation and any balance in the Account will be delivered to the User or to its VA address as instructed less any outstanding amounts owed to the Company, the unsubsidized coin/miner network transaction fee and any other third party charges.
- 11.2. Before closing your Account, all your assets have to be withdrawn to external wallets.
- 11.3. The User shall not use closure of the Account as a means of evading investigation or inquiries by the Company. If any queries or investigation is pending at the time the User requests closure of its Account, the Company may refuse the User’s request to close the Account and/or hold User’ s VA and/or funds as appropriate to protect the Company against financial and/or legal liability. If the User is later determined to be entitled to some or all of the VA and/or funds in dispute, the Company will pay such VA and/or funds to the User. The User will remain responsible and liable for all obligations related to the Account even after such Account is closed.
- 11.4. If the User does not access the Account for a period of six (6) months and the Company has been unable to contact the User after a reasonable number of attempts at the last contact address the Company has for the User in its records, the Account may be terminated in Company’s sole discretion.
- 11.5. The Company reserves the right to suspend your Account in an event:
- we reasonably believe your Account has been compromised, as well as for any other security reasons;
- we reasonably believe your Account is being used by a person with no right and/or authorization to do so;
- you fail to comply with these Terms, as well as with any other document that construes a part of these Terms;
- you have provided us with any false, incomplete, misleading, inaccurate information;
- you, your Account, your behavior poses reputational risks to the Company;
- we reasonably suspect you of fraud, violating the Applicable Law;
- lack of user verification by incoming fraud;
- refusal to pay Fees (licence fees) or chargeback;
- misuse of gateways;
- other reasons that constitute a violation of these Terms and the Applicable Law.
- 11.6. The Company may, but is not obliged to, notify you about the reasons for your Account suspension. Assets from your Account will be withdrawn to wallets, information about which you shall provide to the Company's customer support.
- 11.7. In an event of Account closing or suspension, you will still be liable for all applicable Fees.
- 11.8. The Company is not liable for any losses suffered due to your Account closure or suspension.
- 11.9. Without limiting any other remedies the Company may have under applicable law, the Company may, without liability:
(a) refuse to complete or block, cancel or reverse a VA Transaction the User has authorized, including, without limitation, block funding to or withdrawals from the Account;
(b) suspend, restrict, or terminate the User’s access to its Account and to any or all of the Services (including, but not limited to, the ability to send funds or make withdrawals from the Account and/or limit withdrawals);
(с) place a hold on or freeze any VA and/or funds in the Account for any period of time the Company deems appropriate;
(d) issue statements or warnings to the public or other Users;
(e) suspend, deactivate or close the Account with immediate effect for any reason; and/or
(f) refuse to provide the Services to the User, including but not limited to, where:
- the User is in breach of this Terms or the Company has concerns or reasonably suspects the User is acting in breach of this Terms;
- the Company reasonably suspects the User of using the Services in connection with a Prohibited Activity;
- the User is in breach of applicable law, the Company has concerns or reasonably suspects the User is in breach of applicable law or the Company is, in its reasonable opinion, required to do so by applicable law or any court or other authority to which the Company is subject in any jurisdiction;
- the Company has concerns about the security of the Account, that a transaction is erroneous or the Company suspects the Account or the Services are being used in a fraudulent, illegal, suspicious or unauthorized manner including, without limitation, for transactions with high volumes;
- the Company suspects money laundering, terrorist financing, fraud, or any other financial crime;
- use of the Account is subject to any pending litigation, investigation, or government proceeding and/or the Company perceives a heightened risk of legal or regulatory non-compliance associated with the Account activity or the User is subject to a court order;
- the User has failed to pay Company’s fees or there is insufficient VA or funds in the Account to cover the transaction and (where applicable) associated fees at the time that the Company receives notification of the transaction;
- the User fails to provide the Company with information the Company requests on a timely basis and/or the Company has concerns about the information collected about the User;
- the Company’s service partners are unable to support User’s use of the Services;
- The User takes any action that may circumvent the security of the Services or Company’s controls such as opening multiple Accounts or consummating transactions for the benefit of a third party.
12. FEES/LICENSE FEES
- 12.1. The Platform is operated on an automatically Fee-charging basis for the Services and the Company does not issue any invoices. However, We reserve the right to do so in the future and, in such case, any applicable fees will be displayed prior to You using any Service to which a fee applies. The applicable Fees for any transaction will be displayed to you before executing a given transaction.
- 12.2. The Company may change the Fee structure at any time (including adding new fees for new Services) and reserves the right to do so in its sole discretion. The Company will notify you about any changes in Fee structure. This can be done by posting a notification on the Website (https://pay.kuna.io/en/fees) or sending you an e-mail (if appropriate). If the User does not agree with the proposed changes, the User shall terminate its use of the Services and close the Account.
- 12.3. Fees are paid in a VA or in Fiat Currency that corresponds to the respective Service.
- 12.4. Fees shall be paid at the time of the completion of each transaction.
- 12.5. The User authorizes the Company to deduct from the Account fees, costs, expenses and claims due hereunder and unpaid by the User.
- 12.6. Each commercial term for Users depends on business focus and turnover and established by the Company.
13.CONTENT.INTELLECRUAL PROPERTY, LICENSE
- 13.1. The Company may produce and display content (the 'Content') on the Website, which includes but is not limited to information, texts, images, video, and audio files.
- 13.2. The Content does not constitute any form of investment advice, financial advice, trading advice, or any other sort of advice unless specifically mentioned otherwise and should not be construed as such. The Company shall not hold liability for any actions that arise from its Content.
- 13.3. All components, Content of the Website, and the Website as a whole belong to the Company and are protected with, including, but not limited to copyright, trademarks, trade secrets. All rights reserved.
- 13.4. You must not reproduce, reprint, publish, modify, distribute, display, transmit, license, transfer or otherwise exploit Content or technology from the Website without Company's prior written consent.
- 13.5. Violation of any of the intellectual property rights of the Company is strictly prohibited.
- 13.6. If the User posts, uploads, inputs, provides or submit its personal data to the Company, including without limitation, names, email addresses, IP addresses, cryptocurrency addresses, texts, code or other information and materials, sign up to Company’s mailing list or create the Account (collectively, “User Content”), the User must ensure that the User Content provided by the User at that or at any other time is true, accurate, up to date and complete and that any User Content posted, uploaded, input, provided or submitted to the Company does not breach or infringe the intellectual property rights of any third party. The Company does not own, control or endorse any User Content that is sent to the Company. The User represents and warrants that:
(i) the User owns all intellectual property rights (or have obtained all necessary permissions) to provide the User Content and to grant the licenses in this Terms;
(ii) the User Content will not violate any agreements or confidentiality obligations; and
(iii) the User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
- 13.7. The User is responsible for maintaining the confidentiality of the User Content and any of its non-public information. Furthermore, the User is entirely responsible for any and all activities that occur under the Account. The User agrees to notify the Company immediately of any unauthorized use of the User Content, the Account or any other breach of security. The Company will not be responsible or liable for any loss or damages that the User may incur as a result of someone else using the User Content or the Account, either with or without User’s knowledge. However, the User could be held liable for losses, expenses and costs incurred by the Company or another party due to someone else using the User Content or the Account. The User may not use anyone else’s content or account at any time without the permission of such person or entity.
- 13.8. By posting, uploading, inputting, providing or submitting the User Content to the Company, the User grants the Company and any necessary sub-licensees a non- exclusive, worldwide, perpetual, right and permission to use, reproduce, copy, edit, modify, translate, reformat, create derivative works from, distribute, transmit, publicly perform and publicly display the User Content and sub-license such rights to others.
- 13.10. Any User Content submitted by the User may be accessed by the Company globally.
- 13.11. Except for the User Content and Company’s communications and all materials therein or transferred thereby, including, without limitation, software, technology, code, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content belonging to other Users (the “Company’s Content”), and all Intellectual Property Rights (defined below) related thereto, are the Company’s exclusive property and Company’s licensors. Except as explicitly provided herein or in any applicable additional terms and conditions, nothing in this Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and the User agrees not to sell, modify, reverse engineer, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of the Company’s Content, absent specific consent in writing from the Company. Use of the Company’s Content for any purpose not expressly permitted by this Terms is strictly prohibited.
- 13.12. The Company grants the User a non- exclusive, limited, non-transferable, freely revocable license, subject to this Terms, to access and use the Services, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by the Company from time to time. Any other use of the Content is expressly prohibited and all other right, title, and interest in the Content is exclusively the property of the Company and its licensors. The User agrees not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. “Kuna”, “Kuna Pay”, and all logos related to the Services are Company’s trademarks or registered marks. The User may not copy, imitate or use them without the Company’s prior written consent.
- 13.13. For the purposes of this Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- 13.14. The Company may display third-party content, advertisements, links, promotions, logos and other materials (collectively, the “Third-Party Content”) for User’ s convenience only. The Company does not approve of, control, endorse or sponsor any third parties or Third-Party Content, and the Company makes no representations or warranties of any kind regarding such Third- Party Content, including, without limitation, the accuracy, validity, legality, copyright compliance, or decency of such content.
14. LINKS TO THE THIRD-PARTY WEB-SITES
- 14.1. The Website may contain links to third-party websites or services that are not owned or controlled by the Company.
- 14.2. In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement or promotion of such third party products or services by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service.
- 14.3 The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. Users are fully responsible for all acts or omissions of any third party with access to Users Wallet account.
- 14.4. For more information, please read these companies' public policies.
15. CONFIDENTIALITY, PRIVACY AND SECURITY
- 15.1. Company will not disclose Confidential information received in connection with Service provision without the prior written consent of the other User.
- 15.2. The information shall not be treated as confidential and the Company shall have no obligation regarding such information if it meets at least one of the following conditions:
• was known before Service provision;
• legally obtained by third parties outside the context of Services;
• publicly disclosed by User;
• allowed to be distributed with the written consent of User.
- 15.5. The User acknowledges and accepts that the User will comply willingly with all legal requests for information from the Company.
- 15.6. The User understands that by using the Services the User consents to the collection, use and disclosure of User’ s personally identifiable information and aggregate data and to User’s personally identifiable information being collected, used, transferred to and processed in jurisdictions where the Company carries on business. By agreeing to this Terms, the User expressly allows the Company to export data outside of the jurisdiction in which the User resides or is located when it accesses the Services. The User acknowledges that the Company may process personal data in relation to the User (if they are an individual), and personal data that the User has provided or in the future will provide to the Company in relation to its legal entity, employees or other associates, in connection with this Terms, or the Services. Accordingly, the User represents and warrants that:
- User’s disclosure to the Company of any personal data relating to individuals other than themselves (if they are an individual) was or will be made in accordance with all applicable data protection and data privacy laws, and such data is accurate, up to date and relevant when disclosed;
- 15.7. The Company cares about the integrity and security of User’s personal information and the Company takes a number of security measures including storing all User’ s personal information in an encrypted fashion. However, the Company cannot guarantee that unauthorized third parties will not defeat Company’s security measures or use User’s personal information for improper purposes. The User acknowledges that the User provides its personal information to the Company at its own risk.
- 15.8. The Company is not responsible or liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect the User’s computer or other equipment, or any phishing, spoofing or other attack from using the Services. The Company advises the regular use of a reputable and readily available virus screening and prevention software. The User should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from the Company. The Company’s customer support will never seek to access the User’s computer or ask for the User’s password or its two factor authentication codes. The User shall always log into the Account through the access details provided by the Company to review any transactions or required actions if the User has any uncertainty regarding the authenticity of any communication.
- 15.9. The User is solely responsible for the activity that occurs in relation to the Account, and the User must keep the Account password secure. The Company recommends that the User uses “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with the Account. The User must notify the Company immediately of any breach of security or unauthorized use of the Account by emailing the Company at [email protected] The Company will not be responsible or liable for any damages, liability or losses caused by any unauthorized use of the Account.
16. LIMITATION OF LIABILITY. DISCLAIMER OF WARRANTIES
- 16.1. For non-performance or improper performance of their obligations under these Terms, the Company and you shall be liable in accordance with these Terms and the Applicable Law, unless otherwise provided hereby.
- 16.2. The Website, Content, and Services are provided without any guarantees, conditions, or warranties as to its accuracy, quality, and fit for a particular purpose or need. The Company does not guarantee that the Website and Services are error-free, reliable, or will operate without interruption.
- 16.3. The Website is provided to you on the 'AS-IS' basis.
- 16.4. User understand and agree that we have no control over, and no duty to take any action regarding: failures, disruptions, errors, or delays in processing VA that you may experience while using the Services; The risk of failure of hardware, software, and Internet connections; The risk of malicious software being introduced or found in the software underlying Company; The risk that third parties may obtain unauthorized access to information stored within your Wallet, including, but not limited to your Wallet address, private key, and mnemonic (backup) phrase; and The risk of unknown vulnerabilities in or unanticipated changes to the Networks. You release us from all liability related to any losses, damages, or claims arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped VA addresses; (b) server failure or data loss; (c) unauthorized access to the Company application; (d) bugs or other errors in the Company software; and (e) any unauthorized third party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other means of attack against Company. We make no representations concerning any Third Party Content contained in or accessed through our Services. Any other terms, conditions, warranties, or representations associated with such content, are solely between you and such organizations and/or individuals.
- 16.5. The Company shall not be liable for the use or inability to use the Website and Services.
- 16.6. In no event shall the Company, its officers, directors, employees, agents, third-party service providers be liable to You or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from:
(i) the accuracy, completeness, or content of the Website,
(ii) the accuracy, completeness, or content of any websites linked (through hyperlinks, banner advertising or otherwise) to the Website,
(iii) the Services found at the Website or any websites linked (through hyperlinks, banner advertising or otherwise) to this Website,
(iv) personal injury or property damage of any nature whatsoever,
(v) third-party conduct of any nature whatsoever,
(vi) any unauthorized access to or use of Company's servers and/or any and all content, personal information, blockchain information or other information and data stored therein,
(vii) any interruption or cessation of Services to or from the Website or any websites linked (through hyperlinks, banner advertising or otherwise) to this site,
(viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any websites linked (through hyperlinks, banner advertising or otherwise) to this Website,
(ix) any loss or damage of any kind incurred as a result of your use of the Website or the Services found at the Website, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not the company is advised of the possibility of such damages,
(x) losing access and/or unauthorized access to your Account,
(xi) any errors or malfunctions caused by or otherwise related to any wallets used to deposit and withdraw VA,
(xii) malfunctions, breakdowns and abandonment of blockchain protocols,
(xiii) changes in regulatory approaches or legal actions taken regarding the blockchain technology and VA,
(xiv) taxation and/or changes in tax system regarding VA,
(xv) advancements in cryptography, any technical advancements that may present risks to blockchain protocols,
(xvi) unfavorable fluctuations of VA,
(xvii) errors in the provision of Services;
(xviii) other risks associated with purchasing, holding, and VA, and using the Website and Services.
- 16.7. The Company shall not be liable for any events that may include but are not limited to civil, criminal, and administrative actions that may arise from you using blockchain and VA if such use is forbidden or otherwise limited in your country.
- 16.8. The Company, its officers, directors, employees, and agents do not provide investment advice, financial advice, trading advice, legal advice or any other sort of advice.
- 16.9. To the extent permitted by Applicable Law, you agree to defend, indemnify, and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:
(a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped VA addresses;
(b) server failure or data loss;
(c) unauthorized access to the Wallet;
(d) bugs or other errors in the Website software; and
(e) any unauthorized third party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other means of attack against Website. We make no representations concerning any Third Party Content contained in or accessed through our Services. Any other terms, conditions, warranties, or representations associated with such content, are solely between you and such organizations and/or individuals.
- 16.10. In case of any circumstances of insuperable force (i.e. events of extraordinary or insuperable nature) that have occurred and remain in effect beyond your and the Company's (the 'Parties') control and that a Party could neither foresee nor prevent for objective reasons, if these circumstances prevent a Party from proper fulfilment of its obligations hereunder, the term for fulfilment of such obligations hereunder shall be extended for the period of the effect of such circumstances of insuperable force. The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, failure of power supply or communication system or other similar circumstances that prevent the Parties from the proper fulfilment of their obligations hereunder.
- 16.11. It is User’s responsibility to determine what, if any, taxes apply to the transactions that User have submitted transaction details for via the Services, and it is User’s responsibility to report and remit the correct tax to the appropriate tax authority. Users agree that Company is not responsible for determining whether taxes apply to User’s transactions or for collecting, reporting, withholding, or remitting any taxes arising from any VA-related transactions.
- 16.12. It is User’s responsibility to determine partners (B2B) as legal and reliable. Before use any Service each User is obliged to perform KYC procedure with his partners.
17.CONTENT.INTELLECRUAL PROPERTY, LICENSE
- The User agrees to defend, indemnify and hold harmless each Company Party from and against any and all claims, proceedings, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’ s fees) arising from:
(a) User’s use of and access to the Services, including any data, VA or content transmitted or received by the User;
(b) User’s violation of any term or condition of this Terms, including without limitation, User’s breach of any of the representations and warranties contained herein;
(c) User’s violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights (as defined below);
(d) User’s violation of any applicable law, rule or regulation;
(e) the User Content or any content that is submitted via the Account including, without limitation, misleading, false, or inaccurate information;
(f) User’s fraudulent behaviour, willful misconduct or gross negligence; or (g) any other party’s access and use of the Account or the Services with User’s unique username, password or other appropriate security code.
Users agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
19. FORCE MAJEURE
Company shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond Company’s reasonable control, including but not limited to: any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
The Company may from time to time post official announcements, news, notices, etc. (the 'Announcements') on the Website. In no event shall the Company be liable for any losses arising from you neglecting or ignoring the Announcements.
21. APPLICABLE LAW AND DISPUTE RESOLUTION
- 21.1. These Terms are governed by the laws of British Virgin Islands.
- 21.2. You and the Company shall endeavor to resolve through negotiations all disagreements that may arise between you and the Company during the validity term hereof.
- 21.3. If the parties fail to reach an agreement on the dispute within 30 (thirty) calendar days, the dispute shall be submitted to the competent court under the Applicable Law.
22. FINAL PROVISIONS
- 22.1. These Terms shall remain in force until terminated either by you or the Company. The Company may terminate these Terms at any time at its own discretion without explaining the reasons for this decision.
- 22.2. If any questions have not been regulated by these Terms, they shall be regulated under the Applicable Law.
- 22.3. These Terms are a legally binding agreement and together with its other integral parts constitute an entire agreement between you and the Company.
- 22.4. In an event the Website is available in multiple languages, the English version of the Terms shall prevail.
- 22.5. All provisions of these Terms applicable to the Website shall apply to others means of providing Services, including the App, unless specifically stated otherwise.
- 22.6. Should you have any comments, questions, or complaints, please contact us at [email protected]