By using the Services, you authorize KUNA Pay to take any and all actions that we think are necessary or desirable to provide the Services and to comply with Applicable Laws and regulations.
Please note that KUNA Pay may offer different services in different jurisdictions or to different user segments, and the availability and scope of our Services may be subject to additional terms, policies, or guidelines that are specific to your jurisdiction or user segment. It is your responsibility to familiarize yourself with and adhere to any such additional terms, policies, or guidelines.
UAB KUNA Pro is a company organized and existing under the laws of the Republic of Lithuania, legal entity code 306041195, registered address at Eišiškių Sodų 18-oji g. 11, LT-02194 Vilnius.
You may contact us by email at [email protected].
UAB KUNA Pro is a Virtual Asset Service Provider license holder. Under the VASP license KUNA Pro provides the following Services:
Please note that KUNA Pay may modify, suspend, or discontinue any of the Services at any time, with or without notice, at our sole discretion. Furthermore, the availability and scope of our Services may vary depending on your jurisdiction, user segment, or other factors. KUNA Pay does not guarantee the continuous, uninterrupted, or error-free operation of our Services, and we shall not be liable for any losses or damages arising from any interruptions, delays, or errors in the Services.
Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same. Words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”.
To access and use certain features of the Services, you must register for an Account. By creating an Account, you represent, warrant, and agree to the following:
If you do not meet or no longer meet the eligibility criteria set out above, KUNA Pay has the right to refuse Services to you.
As a condition to accessing or using the Services, you represent, warrant, and agree to the following:
To access and use certain features of the Services, you must register for an Account. The e-mail address specified by you during the setting up of your Account and intended for your identification and login to your Account shall be valid throughout the entire period of validity of your Account. If needed (upon your request) and upon satisfactory compliance with our request for documents and information from you, we can change your email address manually.
Your User Credentials may only be used by you and by persons authorized by you. You may not distribute or transfer access to your Account to third-parties.
All transactions completed through your Account will be deemed to have been lawfully completed by you. You will ensure the security and confidentiality of your User Credentials and will notify KUNA Pay immediately, by email at [email protected], if any User Credentials are lost, stolen or otherwise compromised.
In connection with establishing an Account, you will be asked to pass KYC procedure, as set forth in the Section 8).
We will review and assess information and/or documents submitted to us by you. Upon assessment of the information and documents obtained, access to our Services will be granted and you will be able to start using our Services unless we will conclude that you are not eligible to gain access to our Services.
After you create an account with KUNA Pay, you can accept virtual currency payments from your customers.
In order to enable the provision of Services before executing any payment Transaction, Merchants may be required upon a request of KUNA Pay to complete a verification process at the time of payment, depending on the amount of the transaction, as part of our AML/CTF compliance obligations. We reserve the right to request personal information of your customers, such as a photo of national ID, passport, or driver's license if the collection of such information is required by law.
Limits. KUNA Pay reserves the right to impose limits on transaction amounts or frequency at its discretion, based on factors such as transaction history, risk assessment, and regulatory requirements. Users may be required to provide additional information or undergo further verification procedures in order to increase or remove these limits.
Suspicious Transactions. In the event of any suspicious or potentially fraudulent transactions, KUNA Pay reserves the right to suspend or delay such transactions for further investigation. KUNA Pay may request additional information from the User to verify the legitimacy of the transaction and may, at its sole discretion, decide to approve or reject the transaction based on the findings of its investigation. Users shall promptly notify KUNA Pay of any unauthorized transactions or discrepancies in their account balances. KUNA Pay will investigate such reports and take appropriate action to address any issues.
Relationships Between Merchant And Its Customers. Payments by your customer to us will be considered the same as payments made directly to you. We collect Virtual Assets to your Account exclusively for you and on behalf of you. You remain the owner of Virtual Assets that we hold for you and on behalf of you. In relation to payments in Virtual Assets made to you, any legal relations are between you as a Merchant and your customer making a payment. KUNA Pay is not a party to relations between you as a Merchant and your Customer making payments in Virtual Assets. We do not accept any queries, letters, requests and/or complaints as well as liability for the quality, legality, safety, delivery or any other aspect regarding you, your services, products, activities and/or a payment and/or a donation, or a purchase related to relation between you as a Merchant and your customer. Any disputes between you as a Merchant and your customer shall be resolved exclusively between you and your customer.
Liability. Users are solely responsible for the accuracy of payment details provided during the transaction process, including but not limited to wallet addresses and payment amounts. All Virtual Assets transactions are at your sole risk. KUNA Pay is not responsible for any errors made by the User in providing payment details and shall not be held liable for any losses that may occur due to such errors.
Transactions processing. KUNA Pay will take reasonable measures to ensure that transactions are processed in a timely manner. However, KUNA Pay makes no guarantees regarding the processing time for transactions and shall not be held liable for any delays or losses that may occur due to technical issues, system failures, or other factors beyond KUNA Pay's control.
Taxes. KUNA Pay is not responsible for any taxes, duties, or other fees that may arise from the User's transactions. Users are solely responsible for determining their tax obligations and reporting their transactions to the appropriate tax authorities in accordance with applicable laws and regulations.
Unlawful Business. Services aren't available for Users, who carry out 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:
Users are also prohibited from selling 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.
Abusive Activity. Services aren't available for Users:
Intellectual Property Infringement. Services aren't available for Users, who:
We reserve the right, without any prior notice or explanation, to refuse any User to provide our Services or to terminate an existing business relationship with you if:
KUNA Pay is committed to comply with all relevant legal requirements in the field of AML/CTF. Failure to submit the required information and documents or provision of incorrect or incomplete information and documents, or failure to comply with our other requests will result in our Services being unavailable to you.
You can find a list of documents and information that we are obliged to request from you in our AML Policy. KUNA Pay performs the customer due diligence measures by means of an our trusted partner SumSub (Sum and Substance Ltd). If the User is uncooperative with our service provider and does not provide the requested data or information necessary to perform customer due diligence, we have the right to terminate a business relationship with such User.
In order to be fully compliant with the Republic of Lithuania Law on the Prevention of Money Laundering and Terrorist Financing KUNA Pay:
KUNA Pay reserves the right to terminate a business relationship with User at any time if we determine that continuing such a business relationship exposes us to a money laundering and terrorist financing risk we no longer deem acceptable.
KUNA Pay charges Fees for the use of its Services, which are automatically deducted from your Account. The applicable Fees for each transaction will be displayed to you before executing the transaction.
The User is responsible for maintaining an adequate balance and sufficient proceeds in the Account to pay for fees and complete transactions, thereby avoiding overdraft, insufficient funds, or similar fees being charged. If you owe us any Fees, we will take the respective Fees you owe us from the Virtual Assets/Fiat we process on your behalf on the due date without your instruction. If you do not have enough Virtual Assets/Fiat to pay the Fees, we reserve the right to suspend the provision of our Services to you until such Fees will be paid to us.
KUNA Pay may change the Fee structure at any time, including adding new fees for new Services. We will notify you of any changes to the Fee structure, which may be done by posting a notification on the Website or sending you an email. If you do not agree with the proposed changes, you should terminate your use of the Services and close your Account.
Users understand and acknowledge that Virtual Asset transactions are irreversible and that KUNA Pay has no control over the Virtual Assets once they have been transferred to an external wallet or another platform. Users are responsible for ensuring the safety and security of their Virtual Assets and for conducting transactions with trusted and reputable third parties.
We are not responsible for the Merchants refund policies. We suggest Merchants provide a clear refund policy to their customers. Merchants are responsible for handling refund requests made by their customers. If we receive a refund request directly from a Merchant's customer, we will direct the customer to contact the Merchant to resolve the issue. We will not mediate disputes between Merchants and their customers but may assist in providing relevant information, if necessary.
KUNA Pay reserves the right to establish the minimum amount that can be refunded on your behalf. If the amount requested is lower than the minimum refundable amount, KUNA Pay reserves the right to not issue the refund. Please note, we may charge Fees and deduct other costs for processing refunds on your behalf.
At our sole discretion, we may offer transaction reversals, refunds, or chargebacks in specific circumstances. Merchants must submit a request for such actions in accordance with KUNA Pay's policies and provide all necessary information and documentation to support their claim. KUNA Pay will review the request on a case-by-case basis and may approve or reject it based on its assessment of the situation.
To receive a Virtual Asset payment, User must create an invoice. This request must be made for the amount you wish to collect in your chosen settlement currency, and must be displayed on KUNA Pay's hosted Invoice User interface during checkout.
When processing transactions, we use the current Virtual Asset exchange rate, which is available through our Website and in your Account.
You must assume the volatility risk of your settlement Virtual Asset, as we do not guarantee the future value of your chosen currency. We do not guarantee the future value of the US Dollar, or any other currency. If you choose to receive some or all of your settlement in Virtual Asset, we do not guarantee the future value of that Virtual Asset.
Once a transaction has been fully paid by your customer, reaches the required number of block confirmations, and is credited to your Account, the invoice is considered "Complete" by us. The number of confirmations required for a transaction may vary depending on the blockchain being used and our internal risk analysis.
To reduce the risk of fraudulent payments, we employ various risk mitigation techniques to detect unconfirmed payments, such as payments that are at risk of never receiving the required number of block confirmations. However, these measures do not entirely eliminate the risk associated with unconfirmed payments.
If, based on the result of transactions monitoring, we have reason to suspect that the cryptocurrency used as payment comes from an illegal source or is "dirty", KUNA Pay has the right to freeze such payment to ascertain the circumstances. In this case, the Merchant is obliged to request his customer for confirmation of the origin of the source of funds and provide it to us. KUNA Pay will examine the submitted documents as soon as possible and make a decision to unfreeze the transaction if it complies with our risk appetite.
You may choose to inform your customer about the status of an invoice, such as when the customer has sent payment, but the transaction has not yet been confirmed. A confirmed invoice indicates that payment has been made, and the required block confirmations have been reached and the transaction has also passed our risk validation measures, but it still needs to be credited to your account ledger.
We are not liable for settling invoices that are not considered fully paid or complete. In other words, if you accept payment before it is credited to your account ledger, it will not be settled to you if it is determined to be fraudulent or otherwise invalid.
KUNA Pay may add new Virtual Assets to the invoice, and these additional currencies will be enabled by default unless you request that we disable them. We may also remove certain Virtual Assets as a payment option under certain circumstances.
All transactions, including payments, deposits, withdrawals, and others, are recorded in the User's Account and can be accessed for a period of time determined by KUNA Pay. If you identify an error, you must notify us within thirty (30) calendar days at [email protected].
The User may close their KUNA Pay account at any time by contacting our Customer support at [email protected] after withdrawing all balances subject to minimum amounts which technically cannot be withdrawn. Upon closure of the account, the User authorizes the KUNA Pay 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 their Virtual Assets address as instructed, less any outstanding amounts owed to us, the unsubsidized coin/miner network transaction fee, and any other third-party charges.
The User shall not use closure of the account as a means of evading investigation or inquiries by KUNA Pay. If any queries or investigation is pending at the time the User requests closure of their account, we may refuse the User’s request to close the account and hold their Virtual Assets and funds as appropriate to protect KUNA Pay against financial and legal liability. If the User is later determined to be entitled to some or all of the Virtual Assets and funds in dispute, we will pay such Virtual Assets and funds to the User. The User will remain responsible and liable for all obligations related to the account even after such an account is closed.
If the User does not access the KUNA Pay account for a period of six (6) months, and we have been unable to contact the User after a reasonable number of attempts at the last contact address the we have for the User in its records, the account may be terminated in our sole discretion.
We reserves the right to suspend your account in an event:
We may, but are not obliged to, notify the User about the reasons for their account suspension. Assets from the account will be withdrawn to wallets, information about which the User shall provide to the customer support.
In an event of account closing or suspension, the User will still be liable for all applicable fees.
KUNA Pay is not liable for any losses suffered due to the User's account closure or suspension.
KUNA Pay may produce and display content (the “Content”) on the Website, which includes but is not limited to information, texts, images, video, and audio files.
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. KUNA Pay shall not hold liability for any actions that arise from its Content.
All components, Content of the Website, and the Website as a whole belong to KUNA Pay and are protected with, including, but not limited to copyright, trademarks, trade secrets. All rights reserved.
You must not reproduce, reprint, publish, modify, distribute, display, transmit, license, transfer or otherwise exploit Content or technology from the Website without KUNA Pay's prior written consent.
Violation of any of the intellectual property rights of KUNA Pay is strictly prohibited.
If the User posts, uploads, inputs, provides or submits its personal data to KUNA Pay, including without limitation, names, email addresses, IP addresses, cryptocurrency addresses, texts, code or other information and materials, sign up to KUNA Pay’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 KUNA Pay does not breach or infringe the intellectual property rights of any third party. KUNA Pay does not own, control or endorse any User Content that is sent to KUNA Pay. The User represents and warrants that:
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 KUNA Pay immediately of any unauthorized use of the User Content, the Account or any other breach of security. KUNA Pay 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 KUNA Pay 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.
By posting, uploading, inputting, providing or submitting the User Content to KUNA Pay, the User grants KUNA Pay 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.
Although KUNA Pay has no obligation to screen, edit or monitor the User Content, KUNA Pay reserves the right to monitor the Website and User Content posted on the Website. The User agrees that KUNA Pay may, in its sole discretion, review and delete any User Content that violates these Terms or that might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Users or any third party. The KUNA Pay also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to:
The User understands that the technical processing and transmission of the Website, including User Content, may involve:
We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and We expressly disclaim any and all liability in connection with User Content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and We will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. We reserve the right to remove User Content without prior notice.
If the User believes that its work has been copied in a way that constitutes copyright infringement, or that its intellectual property rights have been otherwise violated, the User should notify us of its infringement claim at [email protected].
KUNA Pay respects the intellectual property rights of others and expects its Users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If the User believes that its Content has been copied in a way that constitutes copyright infringement, please provide the KUNA Pay with the following information:
Any User Content submitted by the User may be accessed by KUNA Pay globally.
Except for the User Content and KUNA Pay’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 “KUNA Pay’s Content”), and all Intellectual Property Rights (defined below) related thereto, are the KUNA Pay’s exclusive property and KUNA Pay’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 KUNA Pay’s Content, absent specific consent in writing fromUs. Use of the KUNA Pay’s Content for any purpose not expressly permitted by this Terms is strictly prohibited.
We grant 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 Us 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 KUNA Pay 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 KUNA Pay’s trademarks or registered marks. The User may not copy, imitate or use them without the KUNA Pay’s prior written consent.
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.
We may display third-party content, advertisements, links, promotions, logos and other materials (collectively, the “Third-Party Content”) for User’ s convenience only. We do not approve of, control, endorse or sponsor any third parties or Third-Party Content, and the We make 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.
KUNA Pay will not disclose Confidential information received in connection with Service provision without the prior written consent of the other User.
The information shall not be treated as confidential and KUNA Pay shall have no obligation regarding such information if it meets at least one of the following conditions:
The User acknowledges and accepts that the User will comply willingly with all legal requests for information from KUNA Pay.
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 KUNA Pay carries on business. By agreeing to these Terms, the User expressly allows KUNA Pay to export data outside of the jurisdiction in which the User resides or is located when it accesses the Services. The User acknowledges that KUNA Pay 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 KUNA Pay in relation to its legal entity, employees, or other associates, in connection with these Terms or the Services. Accordingly, the User represents and warrants that:
KUNA Pay cares about the integrity and security of User’s personal information, and KUNA Pay takes a number of security measures including storing all User’s personal information in an encrypted fashion. However, KUNA Pay cannot guarantee that unauthorized third parties will not defeat KUNA Pay’s security measures or use User’s personal information for improper purposes.
The User acknowledges that the User provides its personal information to KUNA Pay at its own risk. The User understands that KUNA Pay 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 User acknowledges that KUNA Pay 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 KUNA Pay. KUNA Pay’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 KUNA Pay to review any transactions or required actions if the User has any uncertainty regarding the authenticity of any communication. The User is solely responsible for the activity that occurs in relation to the Account, and the User must keep the Account password secure. KUNA Pay 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 KUNA Pay immediately of any breach of security or unauthorized use of the Account by emailing KUNA Pay at [email protected]. KUNA Pay will not be responsible or liable for any damages, liability or losses caused by any unauthorized use of the Account.
For non-performance or improper performance of their obligations under these Terms, KUNA Pay and you shall be liable in accordance with these Terms and the Applicable Law, unless otherwise provided hereby.
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. KUNA Pay does not guarantee that the Website and Services are error-free, reliable, or will operate without interruption. The Website and Content is provided to you on an "AS-IS" basis.
User understands and agrees that KUNA Pay has no control over, and no duty to take any action regarding:
You release KUNA Pay from all liability related to any losses, damages, or claims arising from:
KUNA Pay makes 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.
KUNA Pay shall not be liable for the use or inability to use the Website and Services.
In no event shall KUNA Pay, 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:
KUNA Pay 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 Virtual Assets if such use is forbidden or otherwise limited in your country.
KUNA Pay, its officers, directors, employees, and agents do not provide investment advice, financial advice, trading advice, legal advice or any other sort of advice.
To the extent permitted by Applicable Law, you agree to defend, indemnify, and hold harmless KUNA Pay from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:
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 We are not responsible for determining whether taxes apply to User’s transactions or for collecting, reporting, withholding, or remitting any taxes arising from any Virtual Assets-related transactions.
It is User’s responsibility to determine partners (B2B) as legal and reliable. Before using any Service each User is obliged to perform KYC procedure with his partners.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless KUNA Pay, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney's fees, fines or penalties imposed by any regulatory authority) arising from:
Users agree that We may assign any of KUNA Pay’s 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.
KUNA Pay 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 KUNA Pay’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.
We may from time to time post official announcements, news, notices, etc. (the 'Announcements') on the Website. In no event shall KUNA Pay be liable for any losses arising from you neglecting or ignoring the Announcements.
These Terms are governed by the laws of Lithuania. You and KUNA Pay shall endeavor to resolve through negotiations all disagreements that may arise between you and the KUNA Pay during the validity term hereof.
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.
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