Legal and Privacy


TERMS OF USE


PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE Terms of Use AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT ACCEPT THE TERMS OF USE, DO NOT ACCESS OR USE ANY OF OUR SERVICES.

 

These Terms of Use (hereinafter "ToU") govern the provision of services by Wallet and Payments OÜ with registration number 14724865, with registered adress Harju maakond, Tallinn, Lasnamäe linnaosa, Peterburi tee 47 Estonia. (hereinafter "Company" or "We"). These ToU apply to any access and use of Services from Company to you.

 

1. SERVICES

Company provides services of using  the program investment and settlement product that substantially simplify transactions in digital currency (with non-exclusive property rights) .

 Company provides you Services using:

a) a software product located on www.credits.com, a mobile application owned by Company;

b) any information, content, downloadable material, content or other materials published or provided from the website, mobile applications owned by the Company. When providing the Services, their user is granted a non-exclusive property license to use the software product located on the Credits.com website, mobile applications owned by the Company. The purpose of using the specified license (rights) is the purchase, sale, storage of cryptocurrency and other that arises from the essence of the software product and does not contradict Estonian law, other legislation applicable in each case, as well as these Terms. These rights are granted to you for the period and territory of use Of services.

The above Services and the rights granted under a non-exclusive license are collectively used hereinafter as the “Services”.


2. ELIGIBILITY

To use the Services You must: 

  • be at least 18 years old and have the legal age of applicable jurisdiction;

  • establish the account in accordance with the instructions given here, on our website and/or mobile apps, other available sources, to Company ;

  • have a computer or a mobile device with Internet or data services;

  • not be in violation of any of the provisions of these ToU or applicable laws and regulations;

  •  be the legal owner (or duly authorized representative of the legal owner) of funds deposited by you into your account used to receive the Services in connection with these Terms, and these funds come from legal sources.

  • You are not allowed to access or use the Services if you are located, registered or otherwise formed in the following countries, or if you are a citizen or resident of the following countries: countries are under the financial sanctions imposed by the Estonia and according to FATF recommendations.

  • The Company has the right at its discretion to exercise control over the restriction of access to the Services in any or citizens of the  mentioned below forbidden jurisdictions. If the Company determines that you are gaining access to any mentioned below forbidden jurisdictions, or have made false statements about your place of establishment, establishment, citizenship or place of residence, the Company reserves the right to immediately close any of your accounts and liquidate any open positions without returning the fees paid payments.


 3. ACCOUNT ESTABLISHMENT


To use the Services You must apply for an account and provide all requested information. You must not provide any false, inaccurate, incomplete or misleading information. You must notify Company immediately upon any change of the information provided for the account registration by sending us email at info@credits.com or by using mobile app's interface or any a possible way that allows you to be sure of the delivery of such information to us. 

The usage of Your information is a subject of the Privacy Policy which provides details of Your information that Company collects, how such information is used, and who Company shares it with.

Depending on where You use the account, this may include a processing of Your personal information outside of the European Economic Area, and by using the Services You agree that Your personal information may be transferred, saved and processed outside the European Economic Area.

 It remains in our sole discretion whether We open an account to You. If Your application is approved, We will advise You as soon as possible.

You may only have one account. Any attempt to create more than one account will be considered as a fraudulent behavior and You will be liable for any nature, as well as for damage caused by the Company and / or third parties when using the Services. The company also has the full right and without consequences for itself to delete your account, block all transactions without returning commissions and payments. At the same time, the Company has the right to withhold your funds on your balance sheet, if you have debt to the Company, and you give this full and irrevocable consent.



4. YOUR RIGHTS AND RESPONSIBILITIES. SECURITY CONTROL

 

You have the right to use the Services, as long as You agree to and actually complies with these ToU.

You must retain your private keys, passwords, security codes, and other security features that you use to access the product. You must maintain the security of your account by protecting your login, password and credentials from unauthorized access or use. Your responsibility is to ensure security and constant control over any of your devices or accounts.

You are responsible for all actions performed under your account, and by agreeing to these Terms, you assume all risks of any authorized or unauthorized access to your account. You will be responsible, and you hereby authorize Company to accept, execute and rely on any agreements, instructions, orders, permissions and any other actions made, provided or taken by any person who has gained access to your account or used it, regardless of whether access is allowed or not authorized by you.

You should use caution when inputting personal information on to the Websites on a public or shared computer so that others are not able to view or record your personal information.

You undertakes to monitor all and any changes on Your account and immediately inform Us about any unusual, suspicious, unclear or abnormal changes on Your account or/and any unauthorized use of Your account or password, or any other breach of security. Otherwise You will be responsible for any loss or damage You, Company or/and third parties may incur as a result.

 You undertakes not to use the Services to perform criminal activity and/or any sort of offenses, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking. You are responsible for any and all damages caused and all liability actions brought against Company for infringement of any third party rights or violation of any applicable laws.

 

5. COMPANY RIGHTS AND RESPONSIBILITIES

We have the right to suspend Your account and block any and all transactions in case of non-fulfilment or unduly fulfilment of these ToU.

 For the purposes of anti-money laundering prevention and combatting terrorist activities, We reserves the right to request any additional information and documents from You about You and/or Your transaction, and suspend Your access to Your account anytime in case the documents or information provided by You are unsatisfactory or insufficient, as We decide in our sole discretion.

 If our investigation shows that a transaction reported by You as unauthorised or incorrectly executed was in fact authorised by You or correct, or You have acted fraudulently or with gross negligence (for example, by failing to keep Your security information secure), or You performed a transaction by using the Software flaws, We may, in our sole discretion, cancel the transaction and restore Your account to the state it would have been if the transaction had not taken place, and/or terminate our agreement with You, close Your account, and deny You from using the Services in the future. Depending on the particular circumstances, We may decide to submit information about the transaction and Your related activities to the relevant state authorities for further investigation.

 

6. COMMISSIONS


Commissions applicable to Your account are set out in the in the your account. We reserves the right to change the Commissions anytime in our sole discretion with or without providing a prior notification.

You must independently observe their changes and application.

 

7. PREMIUM SUBSCRIPTIONS


You may subscribe to different service plans membership for additional benefits in exchange for a monthly subscription fee. Each service plan member is subject to the Terms of Use and to different pricing as described in the your account. By subscribing, you expressly request for the subscription period of the relevant membership to commence from the moment that your subscription is confirmed. Any subscription fees are non-refundable except as described in this Agreement or in other politics located on the www.credits.com.

 If you subscribe to a month-to-month membership plan, your authorized bank card will be debited for the monthly membership fee corresponding to your plan as set forth in the "Limits and commissions" at the time your subscription is confirmed and each subsequent month unless you terminate the subscription in order to avoid billing of the next month's monthly membership fee to your authorized card.

 Company may offer you a one-month or a few-months free membership trial. Free trial eligibility is determined by Company at its sole discretion and Company may limit eligibility or duration to prevent free trial abuse.

 

8. INTELLECTUAL PROPERTY RIGHTS


All content of the Services, including software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials (futher - IP) is the property of Company and/or partners and/or affiliate companies and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby or/and in the interface of our website or/and mobile apps.

You must not use mentioned IP without the prior written permission of Company. 

Nothing contained in the websites or in mobile apps should be construed as granting any license or right to use any of the IP for any purpose whatsoever without the written permission of Company or permission under this ToU or entry into the applicable license terms with the lawful owner. Unauthorized use of the IP or any information is strictly prohibited and may violate trademark, copyright or other applicable laws.

All content of the Services should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated, and use in other way than it is expressly provided by functionality of the Services. Any unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.


 9. THIRD PARTY HYPERLINKS


 Company provides links to websites of third parties not affiliated with it (although brands, advertisements, or links to any of the Company's services or products may be placed on these websites), and Company may send you e-mail with advertising or in shares, including links to third parties, the Company makes no representations regarding the quality, suitability, functionality or legality of third-party materials to which links are provided, or any goods and services of third parties. Material is provided for you for informational purposes only. The Company does not monitor or verify such websites and any third party software products and is not responsible for any losses arising from the content or the reliability of such materials, and any opinion expressed in them should not be construed as an endorsement , recommendations or opinions of Company.

Under no circumstances should you create hyperlinks when using the Company to any third party pages without the prior consent of the Company. If you create a link to any of the pages of third parties, you acknowledge that you are responsible for all direct or indirect consequences of the placement of such a link and reimburse the Company without delay upon request all losses, liability, costs or expenses incurred in connection with the placement of such links.

 

10. TAXATION


Company makes no representations concerning the tax implications of the possession or use of Your account and/or the Services. You bear the sole responsibility to determine if the usage of the Services over time has tax implications for You in any jurisdiction. By using the Services, and to the extent permitted by law, You agree not to hold Company liable for any tax liability associated with or arising from Your use of the Services.

 

11. FINANCIAL OR LEGAL ADVICE

Company does not provide any financial, investment or legal advice in connection with the Services. Company may provide information as part of Services, but it should not be considered as an investment or financial advice and should not be construed as such. You are solely responsible for determining whether any contemplated transaction is appropriate for You based on Your personal goals, financial status and risk willingness. Any decision You make using the Services is Your decision and Company will not be liable for any loss suffered.


12. DISCLAIMER OF WARRANTIES


YOU EXPRESSLY AGREE THAT YOU ARE USING THE SERVICES AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE APPLICABLE LAW). WITHOUT LIMITING THE FOREGOING, Company DOES NOT WARRANT THAT THE PROCESS OF USING THE SERVICES AND/OR YOUR account WILL BE UNINTERRUPTED OR ERROR-FREE.


13. LIMITATION OF LIABILITY. WAIVERS


YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES OR YOUR account UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY KIND IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT Company SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES OR YOUR account, OR PURCHASE OR SALE OF, OR INABILITY TO PURCHASE OR SELL, DIGITAL CURRENCIES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT Company IS NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER CUSTOMERS, AND THAT THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL Company BE LIABLE TO YOU FOR MORE THAN THE AMOUNT THAT YOU HAVE PAID TO Company FOR A PARTICULAR TRANSACTION. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE ToU SHALL AFFECT YOUR STATUTORY RIGHTS OR EXCLUDE INJURY ARISING FROM ANY WILFUL MISCONDUCT OR FRAUD OF Company.


14. SUSPENSION, CLOSURE, AND TERMINATION 


Your account does not expire and will remain valid until cancelled by either You or Company.

 When Your account is closed, it cannot be used. You will remain liable for all obligations relating to Your account even after Your account has been closed. Closing Your account does not mean that We delete Your data that We hold on You and We will continue to store such data, including the history of Your Transactions, до тех пор, пока этого требуют цели настоящих Условий, но for a minimum period which is provided for by Estonian law. We may terminate our agreement with You and close Your account by giving You a one-week' notice via email with or without reason.

We may suspend or terminate our agreement with You and Your account, or refuse to reactivate Your account, immediately upon a notice given to You via email (for communication We will use your account information):

if You violate any provision of these ToU and fail to resolve the matter in a timely manner;

if You act in a manner that is threatening or abusive to our staff, or any of our representatives;

if You fail to pay Commission;

if Your account is dormant and its balance has reached zero;

if You attempt to gain unauthorized access to our Services or another Customer's account or provide assistance to others attempting to do so;

if You overcome our third parties software security features, using our Services;

if We are concerned about the security of Your account;

if We suspect Your account is being used in an unauthorised manner, including without limitation, to commit fraud or for other illegal purposes; 

if We need to do so to comply with the law or with a request of law enforcement or other government agencies.


15. JURISDICTION


These ToU and the relationship of the parties regarding the Services will be governed by and construed in accordance with the laws of Estonia without reference to conflict of law or choice of provisions of the law, and the parties unconditionally submit to the non-exclusive jurisdiction of the courts of Estonia to resolve any dispute (including claim procedure, lawsuit) regarding these ToU.

You can use our Services only if you can lawfully enter into this agreement with Us under applicable law. If you use our Services, you agree to do so in compliance with ToU and with applicable laws and regulations. You are solely responsible for understanding and complying with any and all laws, rules and regulations of Your specific jurisdiction that may be applicable to You in connection with the use of any and all Services.

 

16. MISCELLANEOUS. ENTIRE AGREEMENTASSIGNMENT


These Terms, as well as any other additions, attachments, changes, conditions or documents included in this document, constitute the entire agreement between the parties and constitute a public offer agreement. In the event of a conflict between the provisions of these terms and conditions of any other additions, conditions and documents, the provisions of these terms and conditions of the provision of services shall prevail to the extent that such a contradiction exists.

By accessing, browsing or downloading information from the Company's website, mobile applications and using the Services, you acknowledge that you have read, reviewed, understand and unconditionally agree to these Terms, undertake to abide by them. The Public Offer Agreement (Terms) comes into force from the moment you create your account.

Company reserves the right to amend the Terms at any time without prior notice. You agree to continue to comply with any such amended Terms and that Company is not required to notify you of such changes. You acknowledge that you are obligated to check these Terms yourself for changes (additions) and that continued use of the Services after the publication of any changes to the Terms, indicates your acceptance of any such changes and any liability in this regard (including financial).

If you do not agree to any amended Terms, you must immediately stop using the Services and contact the Company to close your account.

These ToU contain the entire agreement, and supersedes all prior and contemporaneous understandings between the parties regarding the Services. 

You may not assign or transfer any of Your rights or obligations under these ToU without prior written consent from Company, including by operation of law or in connection with any change of control. We may assign or transfer any or all of its rights or obligations under these ToU, in whole or in part, without obtaining Your consent or approval.

These ToU are made in English and the English version of the ToU prevails over any other version translated into any other language, which may be provided by us to You for convenience purposes.

 By using our Services, you agree and accept the terms of this ToU, as well as agree and accept any other policies published on our website in the form of links to them (Privacy Policy, Cookie Policy, our KYC/AML Policy, Anti-fraud Policy and other possible).

Otherwise, you do not have the right to use the Services and bear all the consequences of misuse yourself.



17. FORCE-MAJEURE


Neither party shall be liable for any inaccuracy, error, delay in, or omission of the transmission or delivery of information; or any loss or damage arising from any Force-Majeure.

 

 



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