TERMS OF SERVICE
Last update: 03-04-2019
These Terms of Service constitute an electronic agreement between you (hereinafter the “User”) and Apatris inc. OÜ Tallinn, Kesklinna linnaosa, Tornimäe tn 7-132, 10145, Estonia (hereinafter the “Apatris”) that applies to the User’s use of Apatris Platform, any and all services, products and content provided by Apatris.
As used herein, “Apatris” refers to the company Apatris inc. OÜ, including but not limited to, its owners, directors, investors, officers, employees, agents or other related parties, unless otherwise provided herein.
These Terms of Service contain important provisions, which the User must consider carefully when choosing whether to use the services, products and content of Apatris. Please read these Terms of Service carefully before agreeing to them.
The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products and content of Apatris.
IF THE USER DOES NOT ACCEPT THESE TERMS OF SERVICE, THE USER SHALL NOT ACCESS THIS SITE AND SHALL NOT USE ANY OF APATRIS’S SERVICES, PRODUCTS AND CONTENT.
1.1. Capitalized terms used in these Terms of Service shall be interpreted in accordance with the definitions provided below:
1.1.1. Account: means an account registered by the User on the Platform.
1.1.2. Asset Account ID: means the number of particular fund address that is provided by the Platform to the User for storage and manage this particular asset (e.g. bitcoin, ether etc.)
1.1.3. Commission: means a fee that could be charged by Apatris for some services provided (e.g. exchange, investments etc.).
1.1.4. Cryptocurrency: means peer-to-peer decentralized digital representation of value (e.g. bitcoins, ethers, etc.).
1.1.5. Exchange Rate: means the price of one asset against the other that is provided by the Platform
1.1.6. Funds: means Cryptocurrency or other assets.
1.1.7. Investment Package: means the service of funds allocation within the Apatris Mobile Wallet on terms of a specified option.
1.1.8. Mining Fee: means a fee that is deducted from the wallet account of a particular currency when the operation is conducted as a network commission.
1.1.9. Personal Information (personal data): any information which identifies you personally or which may help us to identify you (e.g. e-mail address, your name, address.).
1.1.10. Platform: means an environment created by Apatris that allows to operate Funds.
1.1.11. Services: means all and any service provided by Apatris.
1.1.12. Site: means Apatris website at https://apatris.io/.
1.1.13. Storage: means Apatris custodial service of safekeeping users assets within the Platform.
1.1.14. Transaction: means (i) transfer of Funds by the User to his/her asset account ID; (ii) exchange of Funds within the Platform by the User and on his/her behalf, (iii) withdrawal of Funds from his/her asset account ID.
1.1.15. User: means a person or an entity that uses the Services, agrees to follow the Terms of Service and is a holder of an Account.
1.2. Where the context so admits words denoting the singular shall include the plural and vice versa.
- THE SCOPE OF THE SERVICE
2.1. The Service allows all Users of the Platform to store, exchange, send, receive, pay and allocate cryptocurrencies in investment packages on the Platform.
2.2. Depending on the User’s place of residence, the User may not be able to use all the functions of the Platform. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses this Platform.
- THE USER’S RIGHTS AND RESPONSIBILITIES
3.1. The User has the right to enter and use the Platform, as long as he/she agrees to and actually complies with the Terms of Service. By using the Platform, the User agrees to accept and comply with the terms and conditions stated herein.
3.2. The User undertakes to read the entire Terms of Service carefully before using the Platform or any of the services provided by Apatris.
3.3. The User undertakes to comply with any and all applicable laws and regulations related to the use of the Platform.
3.4. The User undertakes to monitor all and any changes on his/her Account, including but not limited to the balance matters.
3.5. The User undertakes to immediately (i.e. right after the moment of discovery) inform Apatris about any unusual, suspicious, unclear or abnormal changes on his/her Account. In case of late informing or non-informing the User will be liable for the breach of the Terms of Service and Apatris will have the right to take any further steps accordingly, including but not limited to report to the relevant state or national authorities.
3.6. The User agrees that, whenever the Transaction is made, the Platform sends and receives the monetary sums and/or cryptocurrencies to/from the User’s Account opened in his/her name and on his/her behalf.
3.7. The User undertakes to notify Apatris immediately of any unauthorized use of his/her Account or password, or any other breach of security by email addressed to firstname.lastname@example.org. Any User who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred by Apatris or any user of the Platform.
3.8. The User undertakes not to use the Platform to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.
3.9. The User is responsible for any and all damages caused, and all liability actions brought against Apatris for infringement of any third-party rights or violation of any applicable laws.
3.11. Users are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status and risk willingness.
- THE USER’S REPRESENTATIONS AND WARRANTIES
4.1. By registering an Account, the User expressly represents and warrants that he/she:
- follows the rules and laws in his/her country of residence and/or country from which he /she accesses this Platform;
- has accepted these Terms of Service;
- is at least 18 years old and has the right to accept these Terms of Service and participate in transactions involving Cryptocurrencies.
4.2. The User represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms and that they are duly authorised and have the capacity to enter into the Transactions on the Platform.
4.3. The User represents and warrants that Funds deposited to the Account belong to the User and derived from legal sources.
4.4. The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.
4.5. The User understands that his/her personal data and identifiers may be shared with appropriately authorised third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the service requested by the User.
- APATRIS’S RIGHTS AND RESPONSIBILITIES
5.1. Apatris has the right to suspend the User’s Account and block all Funds contained therein in case of non-fulfilment or unduly fulfilment of the Terms of Service by the User.
5.2. Apatris undertakes to provide the Services with the utmost effort, due care and in accordance with these Terms of Service.
5.3. Apatris’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the cryptocurrency transferred. When initiating cryptocurrency transactions to a user who is not the Apatris User, Apatris responsibility shall be further limited to ensuring the transfer of the necessary technical data to the cryptocurrency network.
5.4. To the extent permitted by law, Apatris is not responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of the Terms of Service by Apatris.
5.5. Apatria is not responsible for any malfunction, breakdown, delay or interruption of the Internet connection or any reason why our Platform is unavailable at any given time.
5.6. In case of changes in the legislation of a particular country or state (for Users from the United States of America), the consequences of which are stricter regulation of a Cryptocurrency presented on the Platform, Apatris may restrict exchange, deposit or invest activities with such a Cryptocurrency for Users who are subject to such changes in legislation. In such a case the User will only be able to withdraw the limited for trading Cryptocurrency to an external address.
5.7. In the case of fraud, Apatris undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their account may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity.
5.8. Nothing in these terms excludes or limits the responsibility of Apatris for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of the law or any other liability which may not be limited or excluded by law.
5.9. Apatris shall provide the Services with reasonable care and skill and in accordance with these Terms of Service.
5.10. Apatris warrants that once the transactions are executed, such transactions can’t modified or cancelled. It holds all cryptocurrencies acquired by each User in his/her Account and on the respective User’s behalf.
- INTELLECTUAL PROPERTY RIGHTS
6.1. All content on this Site is the property of Apatris and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.
6.2. The trademarks, trade names, service marks and logos of Apatris and others used on the Site (hereinafter the “Trademarks”) are the property of Apatris and its respective owners. The software, applications, text, images, graphics, data, rates, scores, charts, graphs, video and audio materials used on this Platform belong to Apatris. The Trademarks and other content on the Platform 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. The use of any content from the Platform on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.
- THE USER VERIFICATION
7.1. Identification and verification procedures (also known as ‘Know Your Customer’ or ‘KYC’) are required for all the Transactions. All existing and new Users of the Platform must pass the verification procedure. Apatris reserves the right to limit the Platform functionality to the Users who have not passed verification. If the User refuses to provide required documents and information under KYC, Apatris reserves the right to immediately terminate the Services provision to the User.
7.2. The User undertakes to provide Apatris with correct and relevant personal data as personal email address, phone number, address, personal ID etc.
7.3. The User hereby authorises Apatris to, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Data transferred will be limited to strictly the necessary and with security measures in use to protect the data.
- ACCOUNT MAINTENANCE
8.1. By registering with Apatris, the User agrees to provide Apatris with current, accurate and complete personal information as prompted by the registration process and to keep such information updated.
8.2. The User agrees that he/she will not use any Account other than their own or access the Account of any other User at any time or assist others in obtaining unauthorized access.
8.3. Apatris reserves the right to recommend amount limits for the User’s operations. Apatris could recommend daily, monthly and per one-transaction amount limits based on security methods applied by the User.
8.4. The User is responsible for maintaining the confidentiality of information on their Account, including, but not limited to their password, email, asset account ID and of all activities including Transactions made via their Account. If there is any suspicious activity related to the User’s Account, Apatris keeps the right to intervene for security reasons. The User is obligated to comply with these security requests or accept termination of their Account.
8.5. In case if it has been more than six (6) month since the User signed in with his/her Account or made the Funds deposit, Apatris has the right to qualify this Account as abandoned. This account can be liquidated and all the assets will be held by Apatris within next three (3) years till the user will proof his/her ID and the rights on the assets left in the account.
9.1. The Platform allows the User to submit operations with his/her account as send, receive, pay, exchange and/or allocate in investment packages.
9.2. The User recognizes that any operation should only be submitted after careful consideration and the User understands and accepts consequences of its execution. The User agrees that as soon as the operation is confirmed by the User, such transaction is irreversible and may not be cancelled.
9.3. The User acknowledges and agrees that due to the inherent nature of the cryptocurrency networks depositing and withdrawing Cryptocurrencies into/from their Account may take some time.
9.4. In case if the User discovers transaction activity, including but not limited to unknown deposits and withdrawals, on their Account that was not initiated by the User, the User shall immediately notify Apatris of this fact and follow the instructions sent by Apatris. Otherwise, Apatris reserves the right to freeze the Account until the end of investigation.
10.1. Apatris is liable for securing all the assets deposited and allocated in inner services as investment packages, on-platform payments and/or exchange. It does everything possible to protect User’s assets from fraud and illegal actions.
10.2. User him/her self is responsible to keep safe password, account data and seed phrase to protect access to his/her account via Apatris Mobile Wallet application. Apatris is not liable for poor keeping of vulnerable data by User him/her self and is not liable for the consequences of such actions that could include total lost of assets stored on the User’s account.
10.3. Apatris has no extra fees for storing any type or amount of the funds.
- EXCHANGE COMMISSION
11.1. The User agrees to pay Apatris the exchange comission for each completed exchange transaction. Any other operation is free, but there is a mining fee for each transaction for each type of cryptocurrency network that is to be paid to conduct transactions in such a network.
11.2. Exchange commission for the User depends on the amount exchanged by the User on the Platform. The more User has exchanged within the platform the lower is the commission. All the rates are published on the site.
11.3. The exchange commission amount is automatically charged off in the currency that User gives out during exchange. Only if the User requests to exchange the total amount, commission will be deducted from the sum for exchange, otherwise it will be charged off from the exact asset account ID.
11.4. The exchange commission, other charges, as well as the charge procedure can be changed/reviewed unilaterally by Apatris from time to time and such changes shall become effective the moment they are posted on the Site.
- INVESTMENT PACKAGE POLICY
12.1. The User agrees to bear the risk of the partial or full loss of funds allocated in the investment package.
12.2. The User agrees to all terms stated under each investment package and is in charge of precise revision of the terms referred to each package he/she plans to put funds.
12.3. Terms of each package may include penalties for misleading the fulfilment of terms of the package as fines and funds freeze.
- ROUNDING POLICY
For all financial calculations Apatris uses the rounding policy in the favour of the Platform. Apatris rounds any currency to the 8th digit after the separator if applicable. On the main screen can be represented only 4 digits after the separator if applicable.
- ILLEGAL TRANSACTIONS
14.1. Apatris keeps the right to suspend or terminate your Apatris account at any time if we reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.
14.2. It is strictly forbidden to use the Account for any illegal purposes. Apatris will report any suspicious activity to the relevant law enforcement.
14.3. The User shall ensure that they do not use the Services for the transactions relating to:
- money laundering, terrorist financing, proliferation of weapons of mass destruction;
- human trafficking;
- any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organisations glorifying war or violating human dignity;
- any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
- archaeological findings;
- drugs, narcotics or hallucinogens;
- weapons of any kind;
- illegal gambling services;
- Ponzi, pyramid or any other “get rich quick” schemes;
- goods that are subject to any trade embargo;
- media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
- body parts or human remains;
- protected animals or protected plants;
- weapons or explosive materials; or
- any other illegal goods, services or transactions.
- ACCOUNT SECURITY
15.1. The User is responsible for maintaining the confidentiality of their Account’s credentials, including, but not limited to a password, email, wallet address, balance and of all activity including Transactions made through the Account.
15.2. Apatris personnel, its services or web sites will never ask the User to disclose their password. Any message the User receives or website that he/she visits that asks for the password, other than the Apatris service, should be reported to Apatris. If the User is in doubt whether a website is genuine, it is required to ensure the website is EV SSL compliant (Security Certificate Validation is shown in the address bar of a web browser).
15.3. It is advisable to change the User’s password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to the Account. Apatris also advises the User not to choose a password that is easily guessed from information someone might know or gather about the User or a password that has a meaning. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account.
15.4. If the User has any security concerns about his/her Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, the User is advised to change the password. The User must contact Support Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of the Account, login details, password or other security features. Any undue delay in notifying Apatris may not only affect the security of the Account but may result in the User being liable for any losses as a result.
15.5. Irrespective of whether the User is using a public, a shared or his/her own device(s) to access the Account, the User must always ensure that his/her login details are not stored by the device or browser, cached or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.
15.6. Additional products or services the User uses may have additional security requirements and the User must familiarize with those as notified to him/her.
- TERMINATION OF THE TERMS OF SERVICE
16.1. The User may terminate the Terms of Service and close their Account at any time by contacting email@example.com.
16.2. The User also agrees that Apatris may, by giving notice, at its sole discretion terminate his/her Account, including without limitation, our right to: limit, suspend or terminate the service and the Users’ Accounts, prohibit access to the Services and their content, delay or remove hosted content and take technical and legal steps to keep the Users off the Services if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Users for any reason, including without limitation: (1) attempts to gain unauthorized access to the Services or another User’s account or providing assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Service, (5) unexpected operational difficulties, or (6) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by Apatris, acting at its sole discretion.
16.3. Apatris also reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of three (3) months or more and/or to modify or discontinue our Services. The User agrees that Apatris will not be liable to them or to any third party for termination of their Account.
- SERVICES AVAILABILITY
17.1. All Services are provided “AS IS”, without guarantees of any kind, either expressed or implied.
17.2. Apatris will strive to keep the Services up and running; however, all online services suffer from occasional disruptions and outages and Apatris is not liable for any disruption or loss the User may suffer as a result. Thus, Apatris does not provide any guarantees that access to the Services will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
17.3. Apatris will use reasonable endeavours to ensure that the User can normally access the Services in accordance with the Terms of Service. Apatris may suspend use of the Service for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency.
- FINANCIAL OR LEGAL ADVICE
Apatris does not provide any financial, investment or legal advice in connection with the Services provided by Apatris. Apatris may provide information on the price, rate, comissions, investment packages terms and events that have affected the price of Cryptocurrencies or other assets, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to exchange, withdraw or allocate Cryptocurrencies or other assets is the User’s decision and Apatris will not be liable for any loss suffered.
19.1. The User undertakes to pay all his/her taxes and duties, which can be resulted from the use of Apatris Services and should be paid according to the User’s state of residence regulations.
19.2. Apatris is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties.
- NOTICES AND COMMUNICATION
20.1. Apatris reserves the right to send notices to and communicate with the User by any means of communication available to Apatris, considering the contact details provided by the User.
20.2. The User expressly agrees to receive any notices in electronic form and to be bound by them, if so is required by the Terms of Service.
- GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service shall be governed by and construed in accordance with the laws of Estonia, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with Services provided by Apatris and these Terms of Service shall be submitted to the County Court of Tallinn, Estonia, as the Court of first instance. If any portion of these Terms of Service shall be deemed invalid, void or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL APATRIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) ACCURACY, COMPLETENESS OR CONTENT WITHIN THE PLATFORM, (II) ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE PLATFORM, (III) THE SERVICES FOUND ON THE PLATFORM OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE PLATFORM, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES ON THE PLATFORM OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE PLATFORM, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS PLATFORM OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS PLATFORM, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE AND/ OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER’S USE OF THIS PLATFORM OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT APATRIS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS PLATFORM OR THE SERVICES FOUND AT THIS PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL APATRIS’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR THE USER’S USE OF THIS PLATFORM OR THE SERVICES FOUND AT THIS PLATFORM.
- MODIFICATIONS AND AMENDMENTS
- FORCE MAJEURE
If Apatris is unable to perform the Services outlined in the Terms of Service due to the factors beyond its control including but not limited to the event of Force Majeure, change of law or change in sanctions policy, Apatris will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.
- LINKS TO THIRD-PARTY WEBSITES
This Platform and the Services found at this Platform may contain links to third-party websites that are not owned or controlled by Apatris. Apatris assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. In addition, Apatris does not censor or edit the content of any third-party websites. By using this Platform or the Services found at this Platform, you expressly release Apatris from any and all liability arising from the User’s use of any third-party website. Accordingly, Apatris encourages the User to be aware when the User leaves this Platform, or the Services found on this Platform and to review the terms and conditions, privacy policies and other governing documents of any other website that you may visit.
If you have any questions relating to these Terms of Service, your rights and obligations arising from these Terms and/or your use of the Platform and the Service, your Account or any other matter, please, contact firstname.lastname@example.org