Cryptocurrency Exchange Service For Everyday Use

GENERAL TERMS AND CONDITIONS

We hereby notify that there is a risk of loss of personal funds when holding Crypto-assets and carrying out operations with them. The value of Crypto-assets may increase or decrease. Moreover, there may be a risk of losing personal funds when buying, selling, storing or investing in Crypto-assets.
Trading in Crypto-assets also carries particular risks that are not usually inherent in official currencies. Unlike most currencies, which are supported by governments or other legal entities, or commodities such as gold or silver, Crypto-assets are a unique kind of “unsecured” currency supported by technology and trust.

To use the Service provider's Services, You must be at least 18 years old or have reached the legal age of majority and contractual capacity in Your jurisdiction, but not older than 70 years. This age restriction is implemented because persons over the age of 70 may have difficulty navigating modern technologies, which increases the risk of financial loss, including due to the actions of fraudsters. This limitation is primarily related to our concern for the financial security of such persons.

We do not provide any investment advice relating to our Crypto-asset services. You should carefully consider whether Your personal situation and the financial risks You are willing to take mean that You should not buy Crypto-assets. You may want to speak to an independent financial adviser.

This Agreement is between You and the Service Provider.

Pursuant to this Agreement the Service Provider provides the following Crypto-asset services:

1. exchange of Crypto-assets for funds (official fiat currency);

2. exchange of Crypto-assets for other Crypto-assets (e.g. Bitcoin, Ethereum, USDC, Solana etc.);

Exchange services can be delivered via multiple channels such as but not limited to:

a. Online Platform: Transactions are conducted via the Client's account on the Service Provider's website (www.alteway.com).

b. OTC (Over-the-Counter) Services: Personalized services are provided through a dedicated account manager. These services are tailored to individual requirements, including VIP services and solutions for the exchange of large amount of Crypto-assets and official currency.

c. P2P (Peer-to-Peer) Marketplaces: Crypto-asset trading (buying and selling) is facilitated via peer-to-peer escrow marketplaces in accordance with the applicable terms of use of such platforms.

PLEASE READ THESE TERMS CAREFULLY BEFORE OBTAINING A SERVICE PROVIDER'S SERVICES, CREATING YOUR ACCOUNT AND KEEP THEM FOR YOUR FUTURE REFERENCE.

The Service Provider may revise, amend, and modify these Terms from time to time for the following reasons:

1. changes in applicable laws and regulations;

2. expansion or modification of the Services provided;

3. implementation of new technologies;

4. changes in ownership or management;

5. security or privacy concerns;

6. feedback and requests from users, partners, or advisors;

7. changes in industry standards and best practices;

8. court decisions and legal precedents;

9. economic factors, such as fluctuations in the market;

10. correction of errors or inaccuracies in the previous terms.

Such changes and modifications will become effective upon publication on the Website (www.alteway.com). However, in the event of any substantial modifications to these Terms, we will notify You through the email address provided by You upon Your Account’s registration or other reasonable means. In such a case You will be given a minimum of 15 days' notice before the amended Terms become effective, except where a change is required to comply with legal obligations or to address a security concern, in which case the changes may take effect immediately.

If You do not agree with such changes or modifications, You may terminate our relationship in compliance with Section 17 of this Terms. The continued use of the Services, after any amendment to these Terms, constitutes Your acceptance of the amended Terms.

1. DEFINITIONS AND INTERPRETATION

1.1. Definitions

1.1.1. The following words when capitalized in these Terms have the following meanings:

Service Provider, we, us or our - depending on the type of service or delivery channel, one of the following companies:

a. AlteWay UAB, reg.number 305744301, registered in the country: Lithuania, legal address: Vytenio str. 9;

b. AltePay.com SIA, reg.number 40203326990, registered in the country: Latvia, legal address: Cesu 9k1.

Country - the country where the Service Provider is registered.

Client or You – a natural or legal person who uses, has used or expressed a wish to use the services of the Service Provider.

Crypto-asset - a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology supported by Service Provider in accordance with these Terms;

Exchange of Crypto-assets for other Crypto-assets – the conclusion of purchase or sale contracts concerning Crypto-assets between the Service Provider and Client for other Crypto-assets at the specified exchange rate by using the Service Provider's proprietary capital;

Exchange of crypto-assets for funds - the conclusion of purchase or sale contracts concerning crypto-assets with clients for funds by using the Service Provider's proprietary capital;

Distributed ledger technology or ‘DLT’ - a technology that enables the operation and use of distributed ledgers;

Distributed ledger - an information repository that keeps records of transactions and that is shared across, and synchronised between, a set of DLT network nodes using a consensus mechanism;

Consensus mechanism - the rules and procedures by which an agreement is reached, among DLT network nodes, that a transaction is validated;

DLT network node - a device or process that is part of a network and that holds a complete or partial replica of records of all transactions on a distributed ledger;

Official currency or fund or official fiat curency- an official currency of a country that is issued by a central bank or other monetary authority.

Service – is a service offered by the Service Provider and / or provided to the Client in compliance with the relevant terms or conditions of the agreement.

Service Agreement – an specific agreement between the Client and the Service Provider regarding the services provided by the Service Provider.

Account – an account created by us to You in order to benefit from our Services in accordance with these Terms.

Price list – the price list of the Service Provider’s products and services valid at the time of providing the Service.

Commission fee – a fixed fee charged by the Service Provider for a Crypto-asset exchange transaction and (or) related service.

Terms – these General Terms and Conditions.

Data questionnaire – is information about the Client signed by the Client and submitted to the Service Provider.

Parties – the Client and the Service Provider, both together.

Order – any order given to the Service Provider by the Client.

Operating hours – 24 hours, from Monday to Sunday.

KYC Procedures - the processes we use to identify and verify the identity of the Client, as well as to monitor ongoing activities, in order to comply with regulatory standards.

AML – set of procedures, laws, and regulations designed to prevent money laundering and terrorism financing.

Website - our website’s address: www.alteway.com

Platform – an IT solution developed by us in order to benefit from our Services.

1.2. Interpretation

1.2.1. References to Sections and Articles, unless stated or the context requires otherwise, shall be construed as references to Sections and Articles of these Terms.

1.2.2. References to legal acts (if any) shall include references to any amendment, modification, extension, consolidation, replacement or re-enactment of any such legal act.

1.2.3. In these Terms:

a. words in the singular include the plural and vice versa;

b. references to persons includes legal persons, unincorporated associations and partnerships, regardless if not having a separate legal personality;

c. words importing the masculine gender include the feminine and the neuter and vice versa;

d. words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. words in the singular include the plural and vice versa;

2. MAIN PRINCIPLES FOR THE PROVISION OF THE SERVICES

2.1. To use our Services, You need to successfully complete Your Account registration process, including compliance with our KYC Procedures. Please note that if these conditions are not met, the Service Provider will: (i) decline to establish a business relationship with You; (ii) refuse to process any Orders; and/or (iii) terminate any existing business relationship with You.

2.2. You are responsible for ensuring that the information You provide during Your Account’s registration and throughout Your use of the Services is accurate, complete, and current. You warrant that all information provided, including personal identification documents, contact details, and any other requested information, is true, reliable, and up-to-date. You agree to promptly update Your information if any changes occur.

2.3. The Service Provider reserves the right to request additional information and documents from You if required by applicable law and The Service Provider’ internal procedures. If You do not provide the requested information or documents, The Service Provider may limit Your access to the Account as well as the delivery of the Services.

2.4. The list of available Crypto-assets may change without prior notice.

2.5. The Service Provider does not store, safeguard, or administer official currency on behalf of You. We do not possess any fiduciary duty or obligation to You concerning the execution of Orders or any decisions You make or actions You take in the course of using our Services.

2.6. The Service Provider does not provide financial/investment advice to You. Any communication or data shared with You by The Service Provider should not be considered or construed as investment, financial, or trading advice. The Service Provider is not a bank.

2.7. Crypto-assets are highly volatile assets, which means their price can move from extreme highs to extreme lows and vice versa within a short period of time. You bear exclusive responsibility for evaluating whether any Order is suitable for You based on Your personal goals, financial situation, and risk tolerance. Furthermore, any losses or liabilities resulting from Your decisions remain solely Your responsibility. We encourage You to consult legal or tax professionals tailored to Your unique circumstances.

2.8. The Service Provider does not endorse any particular Crypto-asset to be bought, earned, exchanged, sold, or held by You. Before deciding to buy, sell, exchange or hold any Crypto-asset, we recommend You conduct thorough due diligence and consult with Your financial advisors.

2.9. Crypto-assets are not legal tender and are not backed by any government. Also, the legislative and regulatory landscape around Crypto-assets is constantly changing and may affect Your ability to use, transfer, or exchange Your Crypto-assets.

2.10. Our Services are not covered by the bank guarantee fund or any other guarantee scheme.

2.11. The Service Provider reserves the right to suspend Your Account and provision of the Services if The Service Provider suspects You to be in violation of these Terms, our Privacy Policy, or applicable laws and regulations. The Service Provider can freeze or lock the Crypto-assets, freeze or lock any official currency, in case of situations where The Service Provider suspects You to be in violation of these Terms, our Privacy Policy, or applicable laws and regulations.

2.12. The Service Provider may refuse to process or execute any Orders for the following reasons: (i) if processing or executing the Order would result in non-compliance with applicable laws, regulations, or internal policies of The Service Provider, including but not limited to Anti – Money Laundering and Counter-Terrorism Financing laws, and sanctions lists; (ii) if processing or executing the Order would pose an unacceptable risk to The Service Provider, such as credit risk, reputational risk, or operational risk; or (iii) if there are not enough funds or Crypto-assets to cover the Order and any applicable fees. In such cases, The Service Provider will inform You of the refusal.

2.13. All information provided by You during the use of the Services will be treated in accordance with our Privacy Policy.

2.14. By accepting these Terms You (legal person) undertake to inform us in writing of any change in Your circumstances submitted to us for the purpose of using our Services. In relation to the foregoing, You must inform on the following changes in (where relevant):

a. Your legal form, Your Control or ownership (of 25% or more in Your share capital or voting rights);

b. Your directors;

c. The real beneficiaries;

d. Your documents submitted to us for the purpose of accessing the Platform and our Services, establishment of Your identity or assessment of Your risk. For the purpose of clarity, adoption of new documents with an effect to Your management also falls under this provision;

e. Your business activities;

f. Your contact details; or

g. Any other change in Your circumstances of relevance to Your and our business relationship.

You undertake to inform us on such changes as soon as You become aware of them, however, not later than 5 (five) Business Days upon occurrence of such change. You hereby represent and warrant that You understand that such changes may result in a risk re-assessment and/or new additional requirements and/or restrictions or limits to Your use of our Services.

The above list is not exhaustive. If You are of the opinion that the change that has occurred may have a material effect on performance of Your obligations under these Terms, however, is not listed above, You must inform us on such change.

2.15. The Service Provider has developed these Terms with the aim to ensure a high-quality Order execution process, better results in Order execution and predictability and certainty in the Service Provider’s relationship with the Client, as well as to minimize negative consequences that may occur due to the Order execution process.

2.16. The Terms regulate the legal relationship between the Client and the Service Provider, which is established by concluding any Service and (or) Services Agreement. The Terms also regulate the legal relations between the Service Provider and the Client, which are not regulated in the Service Agreements. If the legal relations between the Service Provider and the Client regulated in the Terms are regulated differently in the Service Agreement, then the norms of the specific Service Agreement shall be considered as a priority.

2.17. The Terms are binding on the Client and the Service Provider. By applying for the Service and / or establishing a business relationship with the Service Provider, the Client confirms that they have read the Terms, agree with them, acknowledge that they are binding and undertakes to comply with them.

2.18. The Service Provider performs any type of transactions on the basis of the Client’s Orders, unless otherwise provided in the Terms.

2.19. The Service Provider is entitled to unilaterally refuse the Client to execute the specific Order or provide the Service at any time.

2.20. REMEMBER! The Service Provider acts with applicable regulation including but not limited to AML and sanctions legislation. In case of breach (or try to breach) such legislation funds and Crypto assets might be frozen for the period of investigation. Crypto assets or fiat funds may be seized or frozen by the Service Provider or its bank partner based on law enforcement freezing certificate that is mandatory for execution.

3. AML/KYC REQUIREMENTS

3.1. As the provider of Crypto-assets exchange services, the Service Provider is obliged to comply with the requirements of the Country's anti-money laundering and terrorist financing law. Therefore, by fulfilling the requirements under the Country's anti-money laundering and terrorist financing law Service Provider will establish Your identity before obtaining a Service Provider's services and opening the Account to You.

3.2. The Service Provider will be entitled to request and You will be obliged to submit information, data and documents, as well as to fill in questionnaires submitted by the Service Provider to You and/or perform other actions that may be required to establish Your identity to comply with the applicable law. The Service Provider will retain the right to re-establish Your identity at any time during the relationship with You and in connection to that, to request to submit to the Service Provider additional information, data and/or documents, fill in questionnaires and/or perform other actions. Failure to comply with this requirement or the negative result of such re-establishment of the identity will be subject to termination of the relationship with You.

3.3. The Service Provider will be entitled to request You to submit to the Service Provider information, data and/or documents regarding Your transactions performed on Your Account in order to justify such transactions. Failure to comply with this requirement may result in suspension of Your Account and our Services to You or may be subject to termination of the relationship with You.

3.4. The Service Provider identifies a natural person on the basis of a personal identification document recognized in the Country – passport, identity card or other personal identification document specified in binding legal acts. The Service Provider has the right to copy or scan and store copies of the personal identification document submitted by the Client, observing the requirements of regulatory enactments.

3.5. For the identification of a legal entity, the Client must submit documents confirming the Client’s registration, legal basis of the activity, current legal status, persons entitled to represent it, the scope of their representation, as well as the scope of the authorized representative’s authorization. At the request of the Service Provider, legal entities must present the originals of the documents or their notarized copies. The Client’s representative – a natural person, shall be identified by the Service Provider in accordance with the procedures specified in Paragraph 3.4. of the Terms.

3.6. The Client’s identification documents submitted to the Service Provider and the documents confirming the authorization of the Client’s representatives shall be considered valid until the Service Provider has received their written revocation, but all and any amendments to the identification and power of attorney documents submitted to the Service Provider shall come into force from the moment, when the Service Provider received the documents certifying these amendments.

4. ELIGIBILITY

4.1. You are only permitted to use the Services if You register with us and comply with all of the following criteria:

a. If You are an individual, You must be aged 18 years or older, but not older than 70 years, taking into consideration the requirements of Your citizenship country. By accepting these Terms, You unconditionally and irrevocably undertake to indemnify any and all damage that we may suffer in relation thereto.

b. You are eligible to use our Services and hold Account with us taking into consideration the requirements of Your citizenship or registration country. You are solely responsible to assess if You are eligible to use our Services. In addition to the foregoing, You undertake to immediately cease using our Services should it become illegal under the law applicable to You. By accepting these Terms, You unconditionally and irrevocably undertake to indemnify any and all damages that we may suffer in relation thereto.

c. You must have the capacity and, in case of an entity, be authorized to enter into and to be bound by these Terms and any other document related thereto.

d. You must provide all of the information and/or data and/or documents required by us to set up an Account and verify Your identity following our instructions.

e. We must be satisfied with the outcome of the identity, fraud, background checks, anti-money laundering and counterfeit terrorist checks or any other checks that the Service Provider may deem it necessary and fit he Service Provider conducts in relation to You at any time during our relationship.

4.2. We remain solely entitled to restrict or limit use of the Services.

4.3. Your general agreements and promises

4.3.1. By using the Services, You:

Confirm that if You are an individual, You are 18 years or older, but not older than 70 years, with the capacity to enter into and be bound by these Terms and any other document related thereto. If that changes during our business relationship with You, You undertake to immediately inform us about that and cease using our Services. By accepting these Terms, You unconditionally and irrevocably undertake to indemnify any and all damages that we may suffer in relation thereto.

b. Confirm that if You are a legal person, You have the capacity, and are authorized to accept and be bound by these Terms and any other document in relation thereto and the person acting on Your behalf of You is authorized to do so. You will be requested to provide duly authorized documents evidencing the right of the representative accessing or using our Services to act on Your behalf. Failure to submit such documents will result in a denial to use and benefit from our Services.

c. Authorize us to make the inquiries we consider necessary, from time to time, to verify Your identity, undertake fraud checks and carry out other measures that of our view are fit and necessary to meet the requirements set forth in the applicable laws regarding the prevention of money laundering and terrorist financing and comply with our other legal obligations. You expressly consent to furnish any and all such information.

d. Confirm that You have read and commit to be bound by these Terms, our Privacy policy, AML notice and any other document, if any in relation to provision of our Services to You.

e. Undertake to pay all commission fees associated with transactions and Services.

f. Confirm that You have sufficient knowledge of Crypto-assets to enter into transactions and understand that You are solely responsible for determining the nature, potential value, suitability, risks and appropriateness of our Services.

In addition to above, You acknowledge that Crypto-asset is unregulated digital asset which is not issued or guaranteed by any central bank or government. Crypto-assets are not covered by any deposit guarantee scheme. You are responsible for the protection and security of Your Account. The price of Crypto-assets can change rapidly, and the risk of loss in purchasing or selling or holding Crypto-assets can be substantial. You should therefore carefully consider whether selling or purchasing exchanging or holding Crypto-asset is suitable for You in light of Your financial standing, experience and risk tolerance level.

g. Confirm that You accept the risks of using the Services.

h. Confirm that we have not advised You to, nor recommended to You to use our Services and/or enter into transactions related to Crypto-assets.

In addition to the above and for the avoidance of doubt, we do not provide investment, tax or legal advice, nor do we broker transactions on Your behalf. You are solely responsible for determining whether any transaction is appropriate for You based on Your personal objectives, financial standing and risk tolerance. We urge You to consult Your legal or tax advisor regarding Your specific situation.

i. Confirm that Your personal data and identifiers may be shared with appropriately authorized third parties, including, but not limited to, payment services providers required for us to provide our Services to You and in accordance with the applicable law regarding prevention of money laundering and terrorist financing and You undertake to provide us with any additional information we may request to comply with our legal responsibilities without undue delay.

4.3.2. By accepting these Terms, You represent and warrant that all of the above is true and accurate on the day of acceptance of these Terms and shall remain each day so until You cease to use our Services.

5. REQUIREMENTS REGARDING DOCUMENTS AND SIGNATURE

5.1. You must submit duly certified copies of the documents required to establish Your identity following the instructions provided by us. Notwithstanding the foregoing, we retain the right to request to provide the hard copy of the document if we have any doubts regarding validity and/or legality of the document.

5.2. The documents or their copies must be of high resolution, all information must be clear and visible, there must be no amendments, deletions on the original of the document and its copy thereof. The documents or their copies that are issued outside the Country must be duly authorized and legalized as required under the country law where the Service Provider, unless otherwise instructed by us.

5.3. All documents (and such documents containing information) submitted by You to the Service Provider shall be considered as true, effective and accurate on the day of the submission and shall remain as such on each day of the relationship with You.

5.4. All documents must be submitted in English or in the official language of the Country unless otherwise agreed with us in advance. The translation of the document must be notarized, bound and stamped together with the original document or a notarized copy thereof.

5.5. Documents issued outside the Country are accepted by the Service Provider as legalized or certified with an “Apostille” certificate, except in cases when regulatory enactments or an agreement between the Country and the respective country does not stipulate other documents, or when the Parties have agreed otherwise.

5.6. The Client is obliged to provide the Service Provider with information on changes in the content of the submitted documents.

5.7. The Service Provider shall not reimburse the expenses related to the execution of documents in accordance with the requirements for the execution of documents specified in the Terms and regulatory enactments.

5.8. The Service Provider considers that the document is duly signed if:

– The Client or his / her representative shall sign by hand in the presence of the Service Provider’s representative and if, in the Service Provider’s opinion, the signature visually corresponds to the sample signature in the identification document of the Client or its representative;

– The Client or his / her representative signs by hand and the notary has certified the authenticity of the signature and the identity of the Client or his / her representative;

– the document uses a secure electronic signature in accordance with the regulatory enactments of the Country and the European Union.

5.9. The Service Provider is entitled not to accept documents submitted remotely if, at the Service Provider’s discretion, the signature in the submitted document does not visually correspond to the sample of the Client’s (legal entity’s) signature drawn up in the presence of the Service Provider’s representative.

5.10. The Service Provider is not responsible for errors, inaccuracies and other deficiencies that have arisen as a result of incomplete or erroneously filled in documents of any kind by the Client.

5.11. In the event, You fail to submit the documents that meets the above requirements, we will be entitled to refuse to accept such documents and will not take into consideration the information consisting such documents. If You fail to cure such shortcomings within the term indicated by us in writing and such failure poses too high risk to us (i.e., it is not possible to establish Your identity), we will be entitled to terminate the relationship with the immediate effect.

6. YOUR ACCOUNT FOR EXCHANGE SERVICES (Online Platform, OTC Services)

6.1. To use our Services, You must first register with us. If Your registration is successful, an Account under Your name will be opened. You are entitled to open one account with us. We discourage You from attempting to circumvent this provision. Such attempt will be considered as an attempt of fraud and will result in termination of the relationship with You.

6.2. In relation to Your Account, You undertake to:

6.2.1. Create a strong password for Your Account (i.e. a password that is different from any other password You use for any other website or online service and that cannot be easily guessed). You must change Your password regularly and immediately in case You suspect Your password has been compromised. To secure Your Account You will be also required to use multi-factor authentication means of our choice.

6.2.2. Keep Your Account login information, password and any forms of multi-factor authentication confidential and separately from each other, as well as separately from any other information or documents relating to Your Account.

6.2.3. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, or any other codes that You use to access our Services. Any loss or compromise of the foregoing information and/or Your personal information may result in unauthorized access to Your Account by third parties and the loss or theft of any Crypto-asset held in Your Account. You are responsible for keeping Your email address and telephone number up to date in Your Account information in order to receive any notices or alerts that we may send You. We assume no responsibility for any loss that You may sustain due to compromise of Your Account login credentials due to no fault of our and/ or failure to follow or act on any notices or alerts that we may send to You.

6.2.4. Not store Your login information on any device, irrespectively if such device is of Your private or public use.

6.2.5. Not let any person access Your Account at any time without our prior written permission.

6.2.6. Not leave Your computer, phone or any other device unattended while You are logged in to Your Account.

6.2.7. Always log out from Your Account when accessing Your Account from public devices.

6.2.8. Notify us immediately in case You identify or suspect any unauthorized access to Your Account. In the event You believe Your Account information has been compromised, contact our support immediately at [email protected].

6.3. In relation to Your Account You confirm that:

6.3.1. You understand that You are not entitled to hand over Your login information to a third party and You bear full responsibility for such actions and all consequences will be born on You. In addition to the foregoing, such voluntary handing over of the login information to a third party will be considered a material breach of these Terms and will result in termination of the relationship with You.

6.3.2. You understand and consent that You:

a. Will not be provided with a private key in relation to the Crypto-asset kept with us on Your Account;

b. You understand that anyone accessing Your Account will be able to enter into Transactions and we will have no obligation to verify or take any steps to verify any instructions received from You or appearing to be sent by You.

c. We will process Your Transactions in accordance with instructions provided by You; thus, You must carefully verify all instructions prior authorizing any Transaction. In case there is an error in the instructions provided by You, however, such error does not result in impossibility to execute the Transactions, we will not accept any responsibility or liability for the consequences of execution of such Transaction.

d. You understand that by using our Services You take full responsibility for and accept all risks of unauthorized use of Your Account caused by Your negligence or breach of these Terms.

6.4. If, to the extent permitted by us from time to time, You grant express permission to a third party to access or connect to Your Account, You acknowledge that granting permission to a third party to take specific actions on Your behalf does not relieve You of any of Your responsibilities under these Terms. You are fully responsible for all acts or omissions of any third party with access to Your Account. Further, You acknowledge and agree that You will not hold us responsible for, and will indemnify us from, any liability arising out of or related to any act or omission of any third party with access to Your Account.

6.5. For the use of our exchange services via P2P marketplaces, it is not necessary to open an Account if the Crypto-asset exchange can be considered as an occasional transaction (according to AML law). Services in such cases are provided after the successful completion of KYC Procedures in accordance with the requirements of the Country's legislation and our internal policies.

7. TERMS AND CONDITIONS OF THE TRANSACTION AND ORDERS PROCESSING

7.1. The Service Provider performs Crypto-asset exchange transactions. The actual pairs available for exchange are specified or offered within the respective service delivery channel (on the website in the Client's Account or on the P2P marketplace).

7.2. The Service Provider has set the following minimum amount of the Crypto-asset exchange transaction – 100.00 EUR or its equivalent in the Crypto-asset.

7.3. A commission fee for Crypto-asset transactions is also charged from the Client for the Crypto-asset exchange transaction. This commission fee is calculated and deducted for each transaction separately, based on the type of Crypto-asset selected by the Client, network load and the number of transactions in the queue. The commission fee for the Crypto-asset exchange transaction is indicated to the Client before a specific transaction.

7.4. The Service Provider warns and the Client agrees that due to Crypto-asset exchange rate fluctuations and the fact that the exchange transaction takes a certain period of time, which differ depending on the Client’s chosen Crypto-asset, the time of day and network load, the exchange rate may change during the crypto- exchange transaction.

7.5. For transactions executed via peer-to-peer (P2P) marketplaces, the Crypto-asset exchange rate is determined and fixed at the moment the order is created. The Crypto-asset exchange rate is considered final and will not be subject to any changes if payment is completed within a specified time range.

7.6. For transactions conducted via the online platform or OTC services, the Crypto-asset exchange rate provided at the time of order placement is indicative. The final exchange rate will be determined based on the prevailing market rate at the time the Service Provider receives the Client's payment in official currency or Crypto-assets (it is successfully credited to Service Provider’s bank account or electronic wallet) and considering Client successfully completed verification (KYC) procedures.

If the payment is made using the Client's existing account balance (either official currency or Crypto-assets), the Crypto-asset exchange rate proposed at the time of order placement will be considered final considering Client successfully completed verification (KYC) procedures.

REMEMBER - the exchange rate may change between the time You told us You wanted to buy or sell Crypto-assets and the time Your transaction is settled. This means that if You ask us to buy Crypto-assets, You may receive a little more or less Crypto-assets than what You had expected, and if You ask us to sell Crypto-assets, You may receive a little more or less money or e-money than You expected.

7.7. The Service Provider is not responsible for losses that may occur to the Client during the execution of the Crypto-asset exchange transaction, if they have occurred due to fluctuations in Crypto-asset exchange rates or other circumstances beyond the Service Provider’s will and control.

7.8. The Parties agree that all official currency deposits received from the Client are considered as a pre-funding of intended exchange operations. Any unused balances resulting from official currency deposits, or exchange operations at the end of the business day will be rolled over a pre-funding for the next business day on a continuous basis. Nevertheless, we shall ensure the swift exchange of the Crypto-assets as well as safety of Your Crypto-assets, You acknowledge that we do not offer a Service of storing official currency for any purpose and are not acting as a banking institution or any other type of institution whose service is safekeeping of official currency. The only purpose of holding Client's official currency is to guarantee/fund the intended exchange operations.

7.9. Official currency transferred by the Client to the Service Provider for the purpose of exchange are held in a dedicated bank account that is separately identifiable from any accounts used to hold official currency belonging to the Service Provider. The Service Provider shall not use Client’s official currency for their own account and own activities unless explicitly agreed with particular Client.

7.10. Service Provider place Client’s Official currency with a credit institution by the end of the business day following the day on which the Official currency is received.

7.11. Inactivity Fee and Conversion of Client funds

If the Client does not use the funds transferred to the Service Provider for exchange purposes for more than 7 (seven) days from the date of transfer and has not requested a refund of the funds in accordance with the Service Provider’s refund policy, the Service Provider has the right to:

1) Inactivity Fee: Charge an inactivity fee of 5 EUR (or equivalent) of the total amount per day of non-use for exchange purposes.

2) Conversion to cryptocurrency stablecoin tokens (USDT, USDC and others): Convert the unused funds into any cryptocurrency stablecoin token of the Service Provider’s choice if the funds remain unused for more than 7 (seven) days from the date of transfer. The converted funds will also be subject to the aforementioned inactivity fee.

The Service Provider shall make reasonable efforts to notify the Client of the intended actions using the contact details provided by the Client.

Processing orders in the Account through the online platform:

7.12. Your Order shall be processed if the following condition are met:

7.12.1. Sufficient balance of Crypto-assets or official currency is available for the purpose of Your Order, including any and all commission fees applicable in relation of the Transaction.

7.12.2. You have provided all the information requested by us and we performed all necessary checks outcome of which is satisfactory to us.

7.13. Service Provider is not responsible for delays or failures in the handling of Orders arising as a consequence of any problems in the telecommunications, computer, and other systems; block or closure of the accounts, freezing or holding of funds, change of political regimes, civil strike; and actions of third parties, which are beyond the control of the Service Provider.

7.14. Your Order is entered into at the moment when You submit a Request for the Order through the Service Provider Platform, and receive a confirmation of the Order from Service Provider.

7.15. If the Order is for the purchase of Crypto-assets, upon receiving the confirmation of the Order, You shall transfer the official currency to an account designated by Service Provider as outlined in the confirmation of the Order.

7.16. Service Provider transfers the Crypto-assets to Your Crypto-assets wallet, in accordance with the confirmation of the Order, after receipt of the official currency.

7.17. Until the transfer of the Crypto-assets to Your Crypto-asset wallet, You retain ownership of the official currency and the right to its return in the event of non-completion of the Order.

7.18. If Service Provider does not transfer the Crypto-assets to Your Crypto-assets wallet in accordance with the confirmation of the Order, the Order is not completed. In this case the official currency will be returned to Your Account.

7.19. An Order is considered to be completed when: (i) Service Provider makes a transfer of the required Crypto-assets amount to the Crypto-assets wallet of Your choice (if You purchase Crypto-assets or exchange Crypto-asset to another Crypto-asset); or (ii) Service Provider makes a transfer of the required official currency amount to Your indicated account (if You sell Crypto-assets); or (iii) You receive the required amount of Crypto-assets to Your Wallet; or (iv) the required amount of Crypto-assets are transferred to another public blockchain address indicated by You.

7.20. Service Provider may charge a commission fee for the processing of the Order. You are responsible for paying the commission fees associated with the use of the Services. You will be informed of the applicable commission fee before authorizing the Order.

7.21. In case of withdrawal of the Stored Crypto-assets, Your Wallet must have sufficient balance for the order to be processed, including any fees applicable.

7.22. If You provide inaccurate or false information while filling out the Order (including but not limited to a bank account number that belongs to a third party), which later proves to be the reason why the Order cannot be completed, the commission fees associated with the Order refund shall be borne by You.

7.23. The return of the transferred funds is not possible after the Order is completed.

7.24. If the amount of Crypto-assets received is different by more than 20% from the amount indicated in the Order, Service Provider may unilaterally reject the Order.

7.25. Due to the volatile nature of Crypto-assets markets and the fact that prices can fluctuate significantly, there may be instances where the price of Crypto-asset amount has moved between the time an Order is submitted and the time when the Order is processed. Instances like this are rare but may happen. If the Crypto-asset amount to be sent to You differs by more than 2% between the time the Order is submitted and the time the Order is processed, Service Provider reserves the right to reject the transaction and contact You to inform You about this.

7.26. In the implementation of the return, all commission costs for the Crypto-assets or official currency transfers are deducted from the funds received from You.

7.27. Service Provider reserves the right to temporarily hold the funds transferred to it from You if there are attempted attacks on the server, as well as any attempts of hacking and cheating scripts of the Platform. The funds will be returned to You via the same method of payment upon request.

7.28. As part of the OTC service, a client manager may be involved in providing the service, and special (individual) commercial terms for the provision of services may be offered.

Crypto-asset exchange on P2P (Peer-to-Peer) Marketplaces:

7.29. For transactions conducted via P2P (Peer-to-Peer) marketplaces, escrow services provided by the P2P marketplace are utilized to store Crypto-assets being sold. This means that the Crypto-assets being sold (or purchased) are locked and remain under the control of the P2P marketplace until You fully meet Your obligations (e.g. payment completion and/orsuccessful KYC/AML procedures).

7.30. Payments received from You for the Crypto-assets are not considered prepayments (or advance payments) to the Service Provider but are treated as payment for the already provided Crypto-assets stored in escrow on the P2P marketplace platform. The Service Provider ensures the independent and separate storage of the sold Crypto-assets on the P2P marketplace platform. The escrow service on the P2P marketplace is interpreted as equivalent to a transaction account.

7.31. If You refuse to cooperate in completing the KYC procedure (e.g., refuse to undergo checks or provide required documentation), use 3^rd party payments or breach these Terms, the Service Provider reserves the right to terminate the business relationship with You and cancel the transaction (P2P order). In such cases, the order on the P2P marketplace may be canceled, Crypto-assets being sold will be unlocked, and he received payment in official fiat currency will be refunded in accordance with the Service Provider's refund policy.

7.32. All payments received for the P2P Orders are eligible for refund in the event that the order is canceled or not confirmed by You as paid, in accordance with the refund policy.

7.33. The inactivity fee described in the previous sections of the Terms may also apply to transactions conducted via P2P marketplaces.

8. OWNERSHIP OF CRYPTO-ASSETS

The Crypto-assets held in Your Account are fully-paid assets beneficially owned by You and not by the Service Provider. Service Provider will record Your Crypto-assets in its books as separate and apart from anyone else’s Crypto-assets and from Service Provider’s own property. Our records will at all times provide for the separate identification of the Crypto-assets owned by each Client. Neither Service Provider nor any third-party custodian which may hold Client assets on behalf of Service Provider will loan, hypothecate, pledge, or otherwise encumber any Crypto-assets in Your Account. Neither Service Provider nor any third-party custodian which may hold Client assets on behalf of Service Provider may use the Crypto-assets in Your Account in the conduct of its business.

9. SUSPENSION OF ONLINE PLATFORM’S ACCOUNT

9.1. We may suspend Your Account in accordance with the provisions of this Section. We will have the right to suspend payment of commission fees or other amounts You owe to us. In the event that Your Account is terminated, we will immediately cancel all open Orders associated with Your Account, block all withdrawals and restrict the placing of further Orders until the issue is resolved.

9.1.1. Upon our discretion we will have the right to provide You with the opportunity to withdraw Your Crypto-assets from Your Account and transfer them to a third-party service.

9.2. We will owe You no notice in advance regarding suspension of Your Account (however, we may issue such if we are allowed to do so under the applicable law) and we are entitled to do so any time we consider it necessary in the following cases:

9.2.1. As a result of any Prohibited Use.

9.2.2. Following fork or other sudden change in operating rules in any underlying Crypto-asset network.

9.2.3. Following a force majeure event or a market disruption event.

9.2.4. To comply with the applicable law or change thereof, or regulatory guidance.

The above list is not exhaustive.

9.2.5. Service Provider will not be liable to any Client or third party for any loss (including loss of profit), liability or inconvenience arising as a result of any suspension, or suspension of any Services or access to the Account.

10. PROHIBITED USE

10.1. In connection with Your use of our Services You agree and represent You will not engage in any prohibited use activities listed below. We reserve 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. We reserve the right to cancel and/or suspend Your Account and/or block Transactions or freeze Your Crypto-asset immediately and without notice if we determine, in our sole discretion, that Your Account is associated with a Prohibited Use.

10.2. It is strictly prohibited to use the Platform or access any of the Services in any of the following cases:

10.2.1. To forge or materially omit any information or provide misleading information requested by Service Provider, including at registration.

10.2.2. Conduct or engage in any illegal or unlawful activity.

10.2.3. To hide or disguise the proceeds of any illegal or unlawful activity, or further, any breach of applicable laws or regulations, or to deal in any illegally obtained Crypto-asset or Official currency funds, or proceeds.

10.2.4. To infringe our proprietary intellectual property, or the proprietary intellectual property of any other person.

10.2.5. in relation to any Crypto-asset that we do not support at the relevant time.

10.2.6. to Use our Services, with anything other than and Official currency and Crypto-asset that have been legally obtained by You and that belong to You.

10.2.7. To use our Services using inaccurate information presented by the Account or take advantage of any technical glitch, malfunction, failure, delay, default, or security breach.

10.2.8. To use the Account or our Services in order to circumvent export controls or international sanctions.

10.2.9. To engage in any deceptive, fraudulent or malicious activity, including by launching malware or viruses, or seeking to hack into any Accounts or steal any Crypto-assets held by any other client.

10.2.10. To reverse-engineer, decompile, disable, or disassemble any software running on the Platform.

10.2.11. To promote securities.

10.2.12. To harm in any way Service Provider, any person associated with Service Provider, or any third party.

10.2.13. In case You are not our Client.

10.2.14. To offer or purport to offer any of our Services to any person who is not our client.

10.2.15. To engage in any other use or activity that breaches these Terms.

10.3. We will have the right without any prior notice or explanation to block or refuse any person (including any the Client) from accessing the Account and/or our Services and/or any Transaction in case we believe in good faith that such person, Services or Transaction is related to a Prohibited Use.

10.4. By accepting these Terms, You agree and acknowledge that prohibited use may result in termination of the relationship with You. In addition, You will be obliged to reimburse any and all our damages regarding prohibited use.

11. ADDITIONAL RIGHTS AND REMEDIES

11.1. In the event we believe You have breached or are in breach of these Terms or any applicable law, we shall have the right to:

11.1.1. Limit, suspend or cancel Your access to the Account.

11.1.2. Warn any other clients of Your actions.

11.1.3. Issue a warning to You.

11.1.4. Inform competent institutions and cooperate fully with any law enforcement authorities by, including, but not limited to, disclosing Your information to such authorities.

11.2. This Section does not limit any other rights granted to us by the applicable law.

12. TAXES

Please remember that your use of our exchange Services may give rise to tax liability. We are not responsible for assessing your tax liability, collecting tax from you, making any payments on your behalf, or providing any reports relating to tax. If you require advice on your tax liability arising from your use of our Services, consult an independent tax advisor.

13. NON-DISCLOSURE

13.1. We and You are obliged to treat all information relating to our relationship as confidential, irrespective of the form such information is obtained. The duty of confidentiality applies unless otherwise agreed in writing and in cases where the party is required to disclose such information by law, regulation or a decision taken by the public authority, or where the information in question is already publicly available and this fact cannot be attributed to the other party’s breach of its obligations.

13.2. We will be entitled to disclose information about You to third parties, to the subcontractors and other companies, provided that such disclosure shall be required in order for us to fulfil its obligations under these Terms.

13.3. If the relationship with You is terminated as a result of Your material breach of these Terms, or because You have facilitated or aided and abetted fraud, we may be obliged to report You to the respective authorities and such report will not be considered as the breach of non-disclosure obligation.

13.4. This Section will apply during the term of our relationship and will continue to apply once the relationship with You is terminated.

14. INTELLECTUAL PROPERTY RIGHTS

14.1. We (or our third party vendor, as the case may be) shall be the owner of the Website and the Platform and other software and/or applications required to provide Services to You by us. Proprietary rights and other intellectual property rights that may be attached to the Website and the Platform and/or other software and any other application shall belong exclusively to us or the relevant third party.

14.2. We retain all of the rights, title and interests to the intellectual property thereto, including, without limitation to, the Platform’s and Website’s text, logos, images and trademarks, and other inventions, ideas, concepts, code, discoveries, processes, marks, methods, software, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyright or patents based thereon.

14.3. The information made available on the Website or on the Platform must not be construed as granting, by any implication or otherwise, to You any license or right to make use of any of our trademark without prior written consent thereto.

14.4. In relation to Articles 14.1-14.3 of these Terms You shall not:

14.4.1. make any copies of the Website or the Platform or other software and/or applications; nor

14.4.2. modify, adapt, reverse engineer, decompile or disassemble, create derivative works of, publish, distribute or commercially exploit the Website or the Platform or other software and/or applications or any content of the Website; nor

14.4.3. remove any copyright or proprietary notices on the Website or the Platform or other software and/or applications; nor

14.4.4. use, distribute or disclose confidential, personal or sensitive information within the content of the Website or the Platform or other software and/or applications without appropriate authority;

14.4.5. make any unlawful or unauthorized use of the Website or the Platform or other software or other applications (including attempt to gain unauthorized access, introducing any computer virus or malware or inhibiting their operation).

14.4.6. In the event of any of the above situations indicated in Article 14.4 You shall be liable to reimburse our any and all direct and indirect damage and losses, as well as of any third party related to such event. Notwithstanding the foregoing, any such event will grant us the right to immediately terminate the relationship with You and to block any access to Your Account, the Platform and our Services, other software and/or applications if we consider that necessary to safeguard our or third party’s intellectual property and to avoid any further damages and losses of our and/or third party.

15. USE OF PERSONAL DATA

15.1. Service Provider is committed to protecting the personal information of its clients and will process personal data under applicable data protection laws and regulations, including the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

15.2 The Service Provider ensures the processing of the personal data of the Client and its representatives – natural persons in accordance with the Service Provider’s Privacy Policy, which is available on the website www.alteway.com and at the Service Provider’s office.

15.3. The Service Provider may provide information to state institutions on the basis of a written request, in which the specific person to be inspected is indicated and the need for information is substantiated in accordance with the requirements of the relevant law.

16. LIABILITY AND INDEMNITY

16.1. General

16.1.1. To the extent permitted by law, we and our associated parties exclude all liability and responsibility for any loss, damages, costs or expenses, whether in tort (including negligence), contract or otherwise and whether direct, indirect, or consequential (including in connection with business interruption), which You or any other person may suffer or incur in connection with the Services, the use or inability to use the Platform, and in respect of any Crypto-asset or otherwise.

16.1.2. Notwithstanding the foregoing and without thereby limiting liability, You shall indemnify us for any losses or claims, including claims for damages, and for any complaints, legal proceedings or expenses (including, within reasonable limits, lawyers’ fees), including but not limited to any fine or fee imposed on us as a result of Your breach of and/or failure to comply with these Terms and/or all relevant rules, regulations and legislation applicable to You. The foregoing shall apply irrespective of the relationship with You being terminated.

16.1.3. No limitation of liability shall be applicable if that shall not be allowed under the applicable law.

16.1.4. Where and to the extent liability for breach or any implied warranty or condition, or otherwise, cannot be excluded, our liability to You is limited to the total amount of the fees we have earned from You as a result of supplying the Services to You.

16.1.5. We will not be held liable in any way to You or any third party for any financial decision or action taken by You when using the Services.

16.1.6. As stated in these Terms, we do not provide any financial, investment or legal advice in connection with the Services. We may provide information on the price, range, volatility of Crypto-assets and events that have affected the price of Crypto-assets, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Crypto-assets is Your decision and we will not be liable for any loss suffered in relation thereto.

16.1.7. We take no responsibility for and will not be liable for any financial loss arising from the use of Your Account due to forgotten passwords; security of Your password and private keys; unauthorized access to Your Account; corrupted files or data; incorrectly constructed transactions or mistyped Crypto-asset addresses.

16.1.8. Without limiting other terms in these Terms, You acknowledge that we bear no liability for any damage, loss (including loss of profit), delay, inconvenience, failure in performance or interruption of Services or Transaction, in each case caused by or resulting from (directly or indirectly):

a. Any computer virus, spyware, scareware, Trojan horse, worms or other malware or cyber, phishing or spoofing attack that may affect Your computer or other device.

b. Any cause or condition beyond our reasonable control.

c. Any fork or other change in the operating rules of an underlying Crypto-asset network.

d. Our good faith election not to support an unsupported branch of a forked protocol, or to configure or reconfigure our systems as a result of the forked protocol or other change to the operating rules.

e. Any suspension of the Services in accordance with these Terms.

f. Inaccurate Orders placed.

g. You not meeting Your legal obligations, including, but not limited to, Your tax obligations.

16.1.9. The Service Provider is obliged to compensate only the direct losses caused to the Client, which have occurred to the Client due to the Service Provider’s malicious intent or gross negligence caused by the Service Provider’s illegal actions.

16.2. Force Majeure

16.2.1. Notwithstanding the foregoing, we will not be liable for losses incurred as a result of failure to comply with our obligations in connection with circumstances beyond our control. Even in areas where stricter liability rules prevail, we cannot be held responsible for losses incurred as a result of:

a. failure of IT systems, inability to access IT access, damage to the data maintained in the IT systems as a result of any of the reasons listed below, irrespective of whether we or a third party is responsible for the operation of such systems,

b. a power supply failure or failure in our telecommunications systems, legislative or administrative interventions, natural disasters, war, revolution, civil unrest, sabotage, terrorism or vandalism (including virus attacks and computer hacking),

c. strikes, lockouts, boycotts or blockades, regardless of whether the conflict is directed against or was started by us or by our organization, and regardless of the cause of such conflict. The foregoing also applies if the conflict only partially affects us and other circumstances that are beyond our control.

16.2.2. Our exemption from liability in the event of force majeure does not apply if:

a. at the date of the entering into relationship with You we should have foreseen the circumstances giving rise to the loss, or if we should have been able to avoid or overcome the cause of the loss or consequences thereof by taking appropriate commercial precautions.

b. the legislation under all circumstances makes us liable for the circumstances giving rise to the loss.

17. TERMINATION

17.1. These Terms are applicable to You from the moment You accept to be bound by them.

17.2. At any time and for any reason at its sole discretion, we may unilaterally terminate our relationship, Your access to Your Account and may halt any pending Transactions or execution of any payments with or without giving advance notice to You. We will incur no liability or obligation for the termination of our relationship. Our relationship with You may be terminated due to the reasons indicated below, however, the list is not exhaustive, and nothing shall prevent us from terminating Your Account due to other reasons:

17.2.1. You have provided inaccurate and incomplete information about You of which we were not and were not able to be aware of and if we were aware of such circumstances to exist before entering into relationship with You, we would have not entered into the relationship with You.

17.2.2. There are major changes in Your circumstances and if we were of such circumstances before entering into the relationship with You, we would have not entered into the relationship with You.

17.2.3. You failed to provide information on Your changes in accordance with these Terms.

17.2.4. You are in a material breach of these Terms.

17.2.5. You are in a breach of these Terms and such breach is not cured within the term indicated by us to You.

17.2.6. We reasonably that using of Your Account is associated with prohibited use in accordance with these Terms.

17.2.7. Use of Your Account, access to the Platform or our Services is suspended, and it is reasonably not expected to lift such suspension.

17.2.8. Use of Your Service Provider Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with Your Account activity.

17.2.9. You become subject to debt collection action or You are entered in the debtors’ register.

17.2.10. In our opinion, Your activities or actions are damaging or may damage our image/reputation.

17.2.11. You are declared insolvent, become subject to debt relief proceedings, enter into composition proceedings or similar debt relief arrangements, are declared bankrupt, go into liquidation, shall be subject to compulsory winding-up or otherwise cease activities or commence cessation proceedings or enter into restructuring proceedings, unless the estate or You undergoing restructuring is entitled to enter into the agreement under the applicable legislation, and chooses to do so. At our request, in its judgment, the estate is obliged to decide whether it wishes to enter into the agreement within 24 hours.

17.2.12. We become aware of Your death.

17.2.13. Our service partners are unable to support Your use of Services.

17.2.14. You take any action that we deem as circumventing our controls, including, but not limited to, opening multiple Accounts or abusing promotions which we may offer from time to time.

17.2.15. We are so required by the applicable law, court or competent government authority or our regulator.

17.3. We are not liable to You or any third party for termination of our relationship with You irrespective of the termination reason. You shall be liable to reimburse any and all our direct and indirect damages and losses that were suffered regarding termination of the relationship with agreement on any of the grounds indicated in Article 17.2.

17.4. Notwithstanding Article 17.2 of these Terms, we can terminate our relationship with You any time with no reason whatsoever issuing a termination notice by email to the address indicated on Your Account.

17.5. You may terminate our relationship at any time by requesting to close Your Account. Your request should be issued in writing by email from the address indicated on Your Account and will only be processed if You have no pending obligation to us; otherwise, Your Account will not be closed until You fulfill any and all Your obligations towards us, unless we are in breach these Terms and such breach was not cured upon Your request issued by email and therefore, You are not able to fulfill Your obligations. Such notice must be issued 30 (thirty) calendar days in advance. You understand and agree that Your all Orders open upon the receipt of the termination notice will be closed and we shall assume no liability in relation thereto.

17.6. Following termination of the relationship with You, You will be permitted to transfer the remaining balance of Your Crypto-asset for _____ (_________) calendar days unless such transfer is otherwise prohibited (i) under the law applicable to us; or (ii) by a court or administrative order.

17.7. Termination of the relationship with You will not release You from the proper fulfillment of all liabilities that arose before the termination of the relationship.

17.8. Even if the relationship is terminated, it will remain valid in the respect of outstanding claims at the time of termination of the relationship with You.

18. REFUSAL RIGHT

By accepting these Terms, You expressly confirm Your acceptance to be bound by this provision and You are not granted with the refusal right.

19. COMPLAINTS AND DISPUTES

19.1. We are committed to providing our Clients with a very high level of customer service, and Your satisfaction is very important to us.

19.2. Complaints and claims may be submitted only in writing by sending them by e-mail: [email protected] or by sending them by post to the registered office of the Service Provider.

19.3. The Service Provider shall respond to complaints within 15 working days after receiving the complaint, but if it is not possible to respond to the received complaint within the specified time due to circumstances beyond the Service Provider’s control, the total time limit for the examination of the complaint may reach 35 working days from the moment of receipt of the complaint.

19.4. Any dispute, disagreement, or claim arising from the Terms, including those related to its violation, termination, or invalidity, shall be settled in the court of the country where the defendant is domiciled.

20. COMMUNICATION OF THE PARTIES

20.1. The Parties are entitled to exchange information both orally and in writing by submitting information to the other Party in person or by means of communication (e.g., post, telephone, e-mail), observing the contact information provided in the Data Questionnaire.

20.2. Written communication between the Parties shall be in the English or in the official language of the Country, unless the Parties have agreed otherwise.

20.3. Notices, documents or other transmissions of information (for example, letters, submissions), unless otherwise provided in the Service Agreement, shall be deemed to have been delivered to the other Party:

– 7 (on the seventh) day from the day of its dispatch, if the information has been sent to the contact address indicated in the Data Questionnaire by official delivery service or post;

– at the moment when the other Party has signed for the receipt of the information, if it has been delivered in person against a signature;

– if the information transmission is sent by electronic means of communication (e-mail and others), it shall be deemed to have been received at the time of transmission, unless a system notification is received stating that the transmission or communication has not taken place.

21. MISCELLANEOUS

21.1. Entire Agreement. These Terms will contain the entire agreement with respect to the relationship contemplated herein, and all prior negotiations, representations, agreements and understandings are merged into, extinguished by and completely expressed by it. The Parties shall execute any other instruments or documents or perform any other acts that shall be or may be necessary to effectuate and carry on the purposes set forth in this Agreement.

21.2. No partnership. We are an independent contractor for all purposes. Nothing in these Terms may be deemed to create partnership, joint venture, employment or agency relationship.

21.3. Governing law. This Terms shall be governed by the Country law and Country courts shall have jurisdiction to hear any disputes arising out of or in connection to this Agreement.

21.4. Validity. These Terms shall be valid as long as You use the Services.

21.5. Effect. All provisions of these Terms which by their nature shall be intended to continue shall survive termination, including terms relating to exclusions and limitations of our liability, intellectual property restrictions and reimbursement of damages.

21.6. Accrue rights. Termination of the relationship will not affect our or Your accrued rights and obligations except unless such rights were accrued unlawfully or in breach of these Terms.

21.7. Enforceability. No provisions of these Terms shall be enforceable by any other person other than You and us.

21.8. Assignments. We are entitled, without Your prior consent, to assign or transfer in any other way our rights and obligations arising out of or related to these Terms to any third party, whether in whole or in part. In such case, the relationship will continue in force, without changes, with the new party entering instead of us as the contracting party.

You are not entitled to assign or in any other way transfer Your rights and obligations arising out of or related to these Terms to any third party, whether in whole or in part without our prior consent in writing.

21.9. Sub-contraction. We are entitled to sub-contract any third party for the purposes of provision of Services to You.

21.10. Invalidity. In case any provision of these Terms is recognized as invalid or impossible to implement, it shall not have an impact on the validity of the remaining provisions of these Terms. The provision that is invalid or impossible to implement shall be replaced by another legally enforceable provision, which as much as possible will have the same legal and economic result that was expected when setting the provision that was recognized as invalid and/or impossible to implement.

21.11. Waiver. Any failure or delay in exercising any right or remedy in one or many instances shall not prohibit Service Provider from exercising it at a later time or from exercising any other right or remedy. No part of these Terms may be waived, modified, amended, or supplemented in any manner whatsoever except by Service Provider in writing.

21.12. Effect. All provisions of these Terms which by their nature shall be intended to continue shall survive termination of our relationship, including terms relating to exclusions and limitations of Service Provider liability, intellectual property restrictions and reimbursement of damages.