Client Agreement

AEXchanger is an online service providing exchange services of Crypto-assets for funds, as well as for other Crypto-assets, and providing Crypto-asset transfer services on behalf of Clients (hereinafter referred to as the “Services”).

This Client Agreement (hereinafter referred to as the “Agreement”, “Terms of Use” or “Terms”) defines the rules and conditions for the operation of the AEXchanger Service. This Agreement is an official written public offer addressed to individuals or legal persons (hereinafter referred to as the “Client””, “Merchant” or “You”) to conclude an agreement for the provision of exchange and transfer Services by the Company AEXchanger Service (hereinafter referred to as the “Service”) under the following Terms.

Before using AEXchanger's Services, the Client must fully familiarize themselves with the Client Agreement. The use of AEXchanger Services is possible only if the Client accepts all the terms of the Agreement.

The current version of the Agreement is publicly available on the AEXchanger Website and may be amended unilaterally by the service management. The date of the last update of these Terms is indicated at the beginning of the document after the words “Last updated”.

These Terms apply to both Clients and Merchants (collectively referred to as the “Users”) of the Platform. Some sections are general and apply to both Clients and Merchants. Certain sections are specifically marked and apply selectively to either Clients or Merchants.

All terms and conditions for Merchants are regulated in detail by the Crypto Acquiring Agreement concluded between the Company and the Merchant separately.

1. Definitions

AEXchanger Service: It is an online Platform providing a Service for the exchange of Crypto-assets for funds, as well as for other Crypto-assets, and enables the transfer of Crypto-assets on behalf of Clients. The service is owned by the Company.

Client: Any individual or legal person who wishes to use the Company's Services and accepts the terms of this Agreement.

Company: EX Rock s.r.o., commercial company, ID number 193 14 850, with a registered office at Roháčova 145/14, Žižkov, 130 00 Prague 3, Czech Republic, registered by the Municipal Court in Prague, Section C, Insert 384567.

Account: A Client account available after the registration process, through which the Client can request our Services.

Order: A request submitted by the Client through the Company’s Website to utilize one of the services, by filling out an electronic form under the terms described in the Agreement and specified in the parameters of the Order.

Payment: The transfer of Crypto-assets or funds from the payer to the recipient.

Payment System: A third-party software product designed to facilitate the accounting of funds and other obligations, enable online payments for goods and services, and support settlements between Clients. The Service operates using software owned by Guardance UAB. The Client can review the Privacy Policy, terms of operation of the payment system, and the procedure for processing personal data of Clients on the company's website https://guardarian.com.

Source Currency: Crypto-assets or funds that the Client wishes to exchange.

Source Account: The wallet number or any other designation of the Client's account in the Payment System from which the Source Currency was sent.

Resulting Currency: Crypto-assets or funds that the Client receives as a result of exchanging the Source Currency.

Resulting Account: The wallet number or any other designation of the Client's account in the Payment System to which the Resulting Currency will be sent.

Currency Exchange: entering into contracts for the purchase and sale of Crypto-assets with Clients for funds using own capital; or entering into contracts with Clients for the purchase and sale of Crypto-assets for other Crypto-assets using own capital.

Provision of Crypto-asset transfer services on behalf of clients: the provision of services for the transfer of Crypto-assets on behalf of a natural or legal person from one address or distributed ledger account to another.

Exchange Rate: The value ratio of two Crypto-assets or funds involved in the exchange.

Card/Account Verification: verification of the card's (or account's) ownership by the owner. The verification conditions are determined by the Company.

Anti-Money Laundering Law: Act No. 253/2008 Sb. on certain measures against money laundering and terrorist financing, as amended.

GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), as formulated in subsequent regulations.

Funds: means funds as defined in Article 4, point (25), of Directive (EU) 2015/2366.

Crypto-asset: a digital representation of value or rights that can be transferred and stored electronically using distributed ledger technology or similar technology.

Merchant: a person who is engaged in the sale of goods and services and who has concluded an individual Crypto Acquiring Agreement with us for the provision of our Services. The Merchant must meet the eligibility criteria set out in section 5.A of these Agreement.

Website: the Company’s official Website, accessible at https://aexchanger.com, which serves as the primary source for publishing information about the Services, legal documentation, public communications, contact information, and any official Offers.

User(-s) or You: means both the Client and the Merchant.

2. Introduction

2.1. This Agreement governs the relationship between the Users and the Service concerning the Services provided by the Service to the Users and ensures an Agreement between the Service and the Users on this subject.

2.2. The Service ensures the confidentiality of Users information and transactions. The Service may provide this information only upon request from authorized government bodies, officials, or Payment System representatives to provide services and when legally required.

2.3. This Agreement does not override the applicable laws of the countries where the Service and the Users are registered and located, as well as contractual relationships between the Users and the Payment System(s). If, under applicable law or other agreements, the Client cannot use the Company's Services, using these Services is prohibited by these Terms and will be deemed illegal and may result in funds being blocked. If this clause is violated, the Service reserves the right to block the User's Account.

2.4. The Client uses the Company's services per the terms of this Agreement.

3. Subject of the Agreement

3.1. The subject of this Agreement is the provision of Crypto-asset Services by the Company, including:

• the exchange of Crypto-assets against funds or against other Crypto-assets on behalf of the Client, and
• the execution of transfers of Crypto-assets on behalf of Clients, where the Client is either the originator or the beneficiary of the Crypto-assets.

3.1.1. The Company provides services that fall under the definition of “exchange of Crypto-assets for funds” and “exchange of Crypto-assets for other Crypto-assets” in accordance with Article 3(1)(9)–(10) of the MiCA. These services are rendered via a proprietary non-custodial Platform and include:

• Crypto-to-Crypto exchange, where the Client concludes a contract with the Company to exchange one Crypto-asset for another using the Company’s own capital;
• Crypto-to-Fiat exchange, where Crypto-assets are exchanged for funds;
• Fiat-to-Crypto exchange, where funds are exchanged for Crypto-assets.

The Client initiates the transaction via the Platform interface, providing necessary details and accepting the Terms of Use. A unique transaction identifier, indicative exchange rate, and applicable fees are presented.

Depending on the transaction type:

• For crypto exchanges, the Platform generates a wallet address via Whitebit. The ClientUser transfers Crypto-assets to that address. Upon confirmation, the corresponding Crypto-assets or fiat funds are delivered to the ClientUser’s wallet or bank account.
• For fiat exchanges, the User is redirected to a licensed payment partner (e.g., Guardarian) to complete payment. Upon confirmation, the purchased Crypto-assets are sent to the User’s external wallet.

The Company does not hold or manage User funds or Crypto-assets. All flows are facilitated via integrated third-party providers. Private keys remain outside the Company’s control. Full traceability and transaction data (e.g., hash, amount, timestamp) are maintained and shared with the User upon execution.

3.1.2. The Company provides a service that qualifies as “transfer services for Crypto-assets on behalf of clients” as defined in Article 3(1)(8) of MiCA. This service is also aimed at Merchants and facilitates the receipt and redirection of Crypto-asset payments from their customers (end-users).

Process overview:

• The Merchant customer integrates the Company’s Payment Module into their e-commerce platform.
• When an end-user selects crypto payment at checkout, a real-time crypto equivalent is generated.
• A transaction-specific wallet address (via Whitebit) is presented to the end-user for payment.

Upon receipt and on-chain confirmation, the Crypto-assets are either:

• Transferred directly to the Merchant customer external wallet;
• Converted into fiat, which is credited to the Company’s bank account and then transferred to the Merchant’s fiat account.

The Company does not at any point exercise discretionary control or custodianship over the Crypto-assets. Private keys are not held by the Company, and all infrastructure is managed externally. All transactions are logged, and audit trails are retained. The process ensures full compliance with MiCA and the Transfer of Funds Regulation (“TOFR”), including the obligation to transmit Originator and Beneficiary information.

3.2. By initiating a transaction using the Service - including transferring funds for the purpose of exchange into Crypto-assets or transferring Crypto-assets to a Wallet address designated by the Company - the User confirms that they have reviewed and accepted the following information prior to entering into this Agreement:

• 3.2.1. The current version of the Terms, Privacy Policy, AML/CFT Policy, and any other applicable internal regulations of the Company.
• 3.2.2. The identity, registration data, and contact details of the Company.
• 3.2.3. A general description of the Services offered, including relevant functionality such as applicable exchange mechanisms (e.g., floating or fixed rate), and potential delays or risks related to market fluctuations.
• 3.2.4. Fees, commissions, and applicable charges, including those related to network transactions, refunds, and third-party exchanges.
• 3.2.5. Due to the volatile nature of the Crypto-asset market, exchange rates and valuations may fluctuate significantly. The User acknowledges and assumes the risk of such fluctuations, and the Company is not liable for any financial loss or opportunity loss incurred as a result.
• 3.2.6. When using a floating exchange rate, the Company does not guarantee transaction execution in cases including, but not limited to:
• the User sends an incorrect or insufficient amount of Crypto-assets;
• the transaction is delayed or sent to a previously used one-time address;
• the transaction is initiated more than 3 hours after the floating address was provided;
• market fluctuations exceed acceptable thresholds for completion.

If conditions permit, the transaction may be manually processed at the updated rate. Otherwise, a refund may be issued, less applicable fees, after address confirmation.

• 3.2.7. When using a fixed exchange rate, the User acknowledges that the rate is locked for 15 or 20 minutes. The transaction may not be executed if the User sends:
• Crypto-assets after the expiration of the lock period;
• an incorrect amount or to a previously used address.
• 3.2.8. The Company is not responsible for technical errors or incorrect Client actions, such as misspecified recipient addresses. In such cases, recovery is not guaranteed. If recovery is possible, funds will be returned less administrative costs.

3.3. Full use of the Services requires registration and the creation of an Account. Multiple accounts per individual are not permitted. During registration, the User shall provide a valid E-mail address and/or phone number and undergo contact verification via code. The Company reserves the right to reject an account registration at its sole discretion.

3.4. By creating an account, the User agrees to:

• ensure that access to and use of the Services is legally permitted in their country of citizenship, residence, or access;
• use a secure password and not share account credentials;
• complete E-mail verification;
• notify the Company of any suspicious activity;
• comply with the Company’s AML/CFT obligations, including the submission of required documents and information;
• bear full responsibility for actions performed using the account.

3.5. The Company may restrict or suspend access to the Account for up to 30 business days (extendable to 45 business days) in the event of suspicious, fraudulent, or non-compliant activity, or upon request for documentation under applicable AML/CFT or internal compliance procedures.

3.6. The Company reserves the right to suspend or terminate any ongoing transaction, or to discontinue Services to the User, with or without providing reasons, particularly in cases of breach of these Terms, AML/CFT Policy, or applicable law.

3.7. The Company may cancel any transaction and return Crypto-assets or funds if it receives credible indications of unlawful ownership, involvement in prohibited activities, or pending law enforcement inquiries.

3.8. All completed transactions are deemed final and irrevocable. Refunds, if applicable, shall be made only after verification and confirmation of return address, less applicable service and network fees.

3.9. The Company does not provide custodial services and does not maintain User balances. Delays may occur in specific cases (e.g., AML verification). The User agrees not to hold the Company liable for any indirect losses or consequences of such delays.

4. Terms of Service

4.1. Before you start using the Services and on an ongoing basis, You declare, guarantee, agree, and accept that:

• You use our Services voluntarily, at your discretion, and at your own risk;
• You are solely responsible for paying any applicable taxes that may be due when using our Services;
• You are NOT under the control of, a citizen of, or a resident of any country where Crypto-assets operations are explicitly prohibited ("Restricted Territories"). The Service does not operate in Restricted Territories. The Service reserves the right to choose the markets and jurisdictions in which it operates and may restrict or refuse services in certain countries at any time;
• You are at least 18 years old or have reached the legal age of majority according to the laws of the jurisdiction of your registration;
• You agree to pay fees for Exchanges and provision of Crypto-asset transfer services on behalf of clients made through the Services, as defined in the terms of the Service, which We may change from time to time;
• You also understand and acknowledge that a network withdrawal fee applies to any type of withdrawal, whether requested by You, an authorized third party, or a competent authority;
• There are risks associated with Internet-based systems, such as hardware, software, and internet connection failures, as well as with the Blockchain protocol, such as any malfunction, unintended shutdown of features, or attacks on the Blockchain protocol;
• You guarantee that your Crypto-asset belong to You, are not sold, encumbered, under dispute, or seized, and that no third-party rights exist over your Crypto-assets;
• You must provide accurate information for the provision of Services (e.g., wallet address for payments and withdrawals). Such wallet addresses must not be associated with terrorism, fraud, or any illegal activity.

4.2. You also declare, agree, and guarantee that You will not violate any laws, contracts, third-party rights, or commit any offenses when accessing or using the Services, and that you are solely responsible for your actions and/or inactions when using our Services. Without prejudice to the above, you declare, agree, and guarantee that YOU WILL NOT:

• Use our Services or will immediately cease using them if any applicable law in your country prohibits or restricts you from doing so at any time;
• Use our Services to engage in fraud, deception, or any other illegal activity;
• Exchange through our Services or attempt to deposit Crypto-assets obtained from illegal gambling, fraud, money laundering, or terrorist activities, or any other illegal actions. The Client may only use Crypto-assets obtained from lawful sources with our Services;
• Provide false, inaccurate, or misleading information;
• Attempt in any way to modify, decompile, reverse-engineer, or disassemble our software;
• Use any robot, spider, scanner, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
• Attempt to bypass any content filtering methods we use, or attempt to access any service or area of our Services for which you do not have authorization;
• Develop any third-party applications that interact with our Services without our prior written consent;
• Encourage or induce any third party to engage in any activity prohibited by this Section.

4.3. The User indemnifies the Service from any claims, demands, and damages, direct, indirect, or special, or any other kind of damages, including but not limited to, loss of profits or loss of data, or loss of use or loss of assets in transactions, tort (including but not limited to negligence), or otherwise, arising or in any way connected with the invalidity or breach of any provision of this section and all terms.

5. Eligibility Criteria and Suitability for Client

5.1. Use of the Service is strictly limited to Clients who:

• are natural persons aged 18 years or older with full legal capacity under the laws of their country of residence;
• are legal entities duly incorporated and acting through authorised representatives;
• are not located in, incorporated in, or otherwise subject to the jurisdiction of any country or territory listed as a “Restricted Jurisdiction” under applicable sanctions or export control laws;
• are not subject to EU, UN, OFAC or national sanctions prohibiting access to Crypto-related services.

5.2. To ensure regulatory compliance and protect the integrity of the Service, Clients may be required to undergo a verification process before accessing certain functionalities of the Platform. This may include the collection of personal or corporate identification data, verification of beneficial ownership, purpose of use, and source of funds or Crypto-assets.

5.3. The Service reserves the right to decline or restrict access to any individual or entity that fails to meet the eligibility criteria or does not pass required verification checks, or whose intended use of the Service is deemed inconsistent with applicable laws, these Terms of Use, or the Company’s risk policy.

5.4. A Client account may be established following successful verification. The scope of functionality available to the Client may vary depending on their verified status, the type of Services accessed (e.g. exchange, transfer), and the associated risk level. The Client is responsible for maintaining the confidentiality and security of their account credentials.

5.5. The Company performs ongoing monitoring and reserves the right to reassess the suitability and eligibility of Clients at any time, especially in the event of regulatory updates, risk triggers, or unusual activity. Additional verification may be required as a condition of continued access.

5A. Eligibility Criteria for Merchant

5.A.1. To use the Services, a Merchant must first create an Account on the Website by completing a registration process, then go through the compliance process by providing all needed information.

5.A.2. The Services and the use of the Website are available to natural and legal persons, that:

• a. are at least 18 years old (for individuals);
• b. have the capacity to enter into a legally binding contract and use the Website, and are not prohibited to do so and use the Services by the Applicable Law or any other laws that may apply;
• c. are residing or incorporated in countries and territories Company support;
• d. doesn’t run any activity as listed in Section 3.5;

5.A.3. If Services are used on behalf of a legal entity, Merchant further represents and warrants that:

• a. the legal entity is duly organized and validly exists under the applicable laws of the jurisdiction of its organization; and
• b. Merchant is duly authorized by such a legal entity to act on its behalf.

5.A.4. Merchants can only have one Account on the Website. Merchants should not create more than one Account through any available method unless expressly permitted by the Company. Merchants cannot create a new Account if a previous Merchant Account has been suspended by the Company.

5.A.5. Services aren't available for Merchant:

5.A.5.1. who carry out Prohibited activities, named in Section 2 and activities related to the sale and purchase, exchange, or other transactions involving the transfer of ownership, possession, use, or disposal of the following groups of goods or services:

• a. alcoholic beverages;
• b. cigarettes and tobacco products;
• c. narcotic substances and precursors;
• d. pornographic materials or items, child pornography, escort services or prostitution services;
• e. drugs, pharmacological products, medicines;
• f. stolen, illegally obtained goods;
• g. items posing a danger to life and health;
• h. non-existent goods;
• i. human organs and remains, and organs and remains of animals;
• j. special technical means of secretly obtaining information;
• k. any electronic, mechanical and computer equipment prohibited or restricted in circulation or use;
• l. state awards; personal documents, as well as forms of these documents;
• m. objects of history and art that constitute the cultural values of the country in which the consumer is located;
• n. firearms, edged weapons, traumatic weapons, stun guns, as well as ammunition and accessories for them;
• o. special means of active defense used by law enforcement agencies;
• p. precious metals and precious stones not in the product;
• q. counterfeit currency and currency values;
• r. rare and prohibited for sale animals, incl. animals listed in the CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora);
• s. any other goods and services prohibited by applicable law.

5.A.5.2. who sell goods or services without a corresponding permit or license, which requires an appropriate permit and/or a license for at least one of the parties to the transaction; who are suspended or removed from using the Services; persons who are not in compliance with this Agreement and Terms & Conditions; and persons who are not lawfully permitted to use the Services, cannot enter into legally binding contracts or who, in Company’s sole opinion, present an unacceptable level of risk to the Company, or to others.

Any use of the Services by anyone who falls within such categories is strictly prohibited and in violation of this Agreement.

5.A.6. In order to use the Services, the Merchant must register for a Merchant Account and accept the User Agreement of the Company, Privacy Policy, Cookies Policy and Anti-Money Laundering and Counter-Terrorist Financing Policy. The Company may, in its sole discretion, refuse to open the Account for the Merchant. When creating the Account, the Merchant must provide accurate and complete information, and the Merchant must keep this information up to date.

5.A.7. If the Account is opened on behalf of legal entity, then:

• a. "Merchant" includes such person and that entity, and
• b. such person represents and warrants that he/she is an authorized representative of the organization or entity with the authority to bind the organization or entity to this Agreement, and that the person agrees to User Agreement, Privacy Policy, Cookies Policy and Anti-Money Laundering and Counter-Terrorist Financing Policy on the legal entity’s behalf.

5.A.8. The Services are not available in every jurisdiction and the Company reserves the right to select the markets and jurisdictions where the Company provides the Services. The Company shall notify the Merchant in writing of the jurisdictions and markets where the Company’s Services are available and of any changes thereto. Persons and entities in jurisdictions where the Company does not provide the Services are prohibited from using or accessing any of the Services.

5.A.9. Merchant may be denied to provide the Services at Company’s discretion in case of any suspicion that the activities carried out by the Merchant are aimed at money laundering, terrorist financing and any illegal activity, and/or are in any way undesirable and unsuitable for the Company.

5.A.10. Company has the right to refuse specific persons access to or use Services and to amend the eligibility requirements at any time (provided that the Company informs the Merchant of the change in eligibility requirements for the latter to make sure the Merchant meets such amended eligibility requirements).

6. Representations and Warranties

6.1. As a condition to accessing or using the Services, Users represent, warrant, and agree to the following:

1. Users will maintain the security of their Users Credentials, and they accept all risks and responsibilities for any unauthorized access to their Account and any resulting loss or damage;
2. Users will not create more than one Account or create an Account for anyone other than yourself without the person's explicit consent;
3. Users will not use their Account or the Services to engage in any illegal, fraudulent, or other prohibited activities or to violate any applicable law, regulation, or guideline;
4. Users will not use their Account or the Services to engage in any activity that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services;
5. Users will not use any automated means, including but not limited to, bots or scrapers, to access or use the Services;
6. The Merchant will provide accurate, current, and complete information during the registration and KYC process and notify us immediately, no later than within 5 (five) calendar days, of any changes to any information you have provided to us in connection with KYC-procedure. At our request, the Merchant must also submit any documents supporting such changes in information or circumstances, irrespective of whether such information or documents have been provided to public registers. If the Merchant or any of its representatives fails to submit the required data and is unresponsive and/or submits incomplete data or if the data is incorrect, or its representative avoids submitting the data required for establishing its identity, conceals the identity of the beneficial owner or avoids submitting the information required for establishing the identity of the beneficial owner, or the submitted data is insufficient for this purpose, the Company can refuse to provide services or establish/continue the business relationship;
7. Users will commit to integrating on their website and/or system a standard disclaimer for purchasers in a non-modified form and make sure that their customers expressly confirm their acquaintance with said disclaimer prior to making any payment to them, where they decide to integrate the Platform, any part thereof, such as application programming interfaces (APIs) on their website and/or system;
8. Users are solely responsible for all activities that occur under their Account, whether or not their authorize them;
9. Users ensure that their use of the Services does and at all times will comply with all applicable anti-money laundering/anti-terrorist funding compliance laws and regulations, including, without limitation, all OFAC-administered sanctions programs and any other sanctions programs that may apply to you based on the jurisdiction(s) in which you operate your business and serve your customers;
10. Users confirm that any Crypto-asset or fiat involved by them in transactions is owned by them and is derived from legitimate sources.

7. Account

7.1. To access and use certain features of the Services, You must register for an Account. The E-mail address specified by You during the setting up of your Account and intended for your identification and login to your Account shall be valid throughout the entire period of validity of your Account. If needed (upon your request) and upon satisfactory compliance with our request for documents and information from You, we can change your E-mail address manually.

7.2. Your User Credentials may only be used by You and by persons authorized by You. You may not distribute or transfer access to your Account to third-parties.

7.3. All transactions completed through your Account will be deemed to have been lawfully completed by You. You will ensure the security and confidentiality of your User Credentials and will notify the Company immediately, by E-mail at [email protected], if any User Credentials are lost, stolen or otherwise compromised.

7.4. In connection with establishing an Account, User will be asked to pass KYC procedure.

7.5. We will review and assess information and/or documents submitted to us by User. Upon assessment of the information and documents obtained, access to our Services will be granted and User will be able to start using our Services unless we conclude that they are not eligible to gain access to our Services.

7.6. For Legal Entities, the User confirms that the cryptocurrency account and the fiat account connected with the Services belong to the same Legal Entity. The User bears full responsibility for the accuracy of this confirmation, and any misrepresentation shall be the sole liability of the User.

8. Account Security

8.1. You are solely responsible for safeguarding your Account credentials, including passwords and any authentication tools. If your login data is shared, lost, or otherwise compromised, you bear full responsibility for any resulting damages or unauthorized activity. We may restrict or block access to your Account where there are reasonable concerns regarding security or evidence of unauthorized or potentially fraudulent use. In such cases, the Company is not liable for any losses or compensation.

8.2. At our discretion, and for security reasons, We may require you to update your password or adopt additional security measures. You will be notified via the E-mail linked to your Account. For your protection, We provide security guidance and best practices on our official Website.

8.3. You are solely responsible for all activity occurring under your Account and must notify us immediately of any suspected breach of security or unauthorized use. The Company will not be liable for damages or losses resulting from such unauthorized use.

9. Transactions for Merchants

9.1. After a Merchant creates an Account, they can accept Crypto-assets payments from their customers.

9.2. In order to enable the provision of Services before executing any payment Transaction, Merchants may be required upon a request of the Company to complete a verification process at the time of payment, depending on the amount of the transaction, as part of our AML/CTF compliance obligations. We reserve the right to request personal information of Merchant’s customers, if the collection of such information is required by law.

9.3. We reserve the right to impose limits on transaction amounts or frequency at its discretion, based on factors such as transaction history, risk assessment, and regulatory requirements. Merchants may be required to provide additional information or undergo further verification procedures in order to increase or remove these limits.

9.4. In the event of any suspicious or potentially fraudulent transactions, the Company reserves the right to suspend or delay such transactions for further investigation. The Company may request additional information from the Merchant to verify the legitimacy of the transaction and may, at its sole discretion, decide to approve or reject the transaction based on the findings of its investigation. Merchants shall promptly notify the Company of any unauthorized transactions or discrepancies in their Account balances. The Company will investigate such reports and take appropriate action to address any issues.

9.5. Relationships between Merchant and its customers. Payments by Merchant’s customers to us will be considered the same as payments made directly to Merchant. We collect Crypto-assets to Merchant’ Account exclusively for Merchant and on behalf of Merchant. Merchant remains the owner of Crypto-assets that we hold for Merchant and on behalf of Merchant. In relation to payments in Crypto-assets made to Merchant, any legal relations are between Merchants and their customer making a payment. The Company is not a party to relations between Merchant and Merchant' customers making payments in Crypto-assets. We do not accept any queries, letters, requests and/or complaints as well as liability for the quality, legality, safety, delivery or any other aspect regarding Merchant, their services, products, activities and/or a payment and/or a donation, or a purchase related to relation between Merchant and Merchant' customer. Any disputes between Merchant and Merchant' customer shall be resolved exclusively between Merchant and Merchant' customer.

9.6. Merchants are solely responsible for the accuracy of payment details provided during the transaction process, including but not limited to wallet addresses and payment amounts. All Crypto-assets transactions are at Merchant sole risk. The Company is not responsible for any errors made by the Merchant in providing payment details and shall not be held liable for any losses that may occur due to such errors.

9.7. The Company will take reasonable measures to ensure that transactions are processed in a timely manner. However, the Company makes no guarantees regarding the processing time for transactions and shall not be held liable for any delays or losses that may occur due to technical issues, system failures, or other factors beyond Company's control.

9.8. We are not responsible for any taxes, duties, or other fees that may arise as a result of customers transactions with merchants. Merchants are solely responsible for determining their tax obligations and reporting their transactions to the appropriate tax authorities in accordance with applicable laws and regulations.

9.9. All transactions in Crypto-assets processed through the Services are final and irreversible once confirmed on the blockchain. The Company does not guarantee refunds of completed transactions.

9.9.1. In the event a refund is granted, whether by the Merchant or at the Company’s discretion in exceptional cases, the Merchant shall bear all applicable network fees and related costs.

9.9.2. The Company shall not be responsible for, and will not process, any transaction submitted with incorrect, incompatible, or unsupported wallet addresses, blockchains, or protocols. Such transactions may result in a permanent loss of funds, for which the Company accepts no liability.

10. Account Deletion

10.1. The User may delete their Account at any time by sending a request from the email address specified in the privacy settings of the Account. The Service will first verify the request and may require the User to provide additional verification (e.g., by sending a confirmation code via E-mail).

10.2. The Service reserves the right to delete a User Account, as well as to remove or edit any content submitted by you in any User area of the Service, without prior notice, in the event of a breach of these Terms or any applicable laws by the User.

10.3. The Service reserves the right to suspend or terminate the User Account and these Terms, including associated registration data (such as Clientname and password), in the following circumstances:

• If the Service decides to cease providing its Services, with at least 3 (three) calendar days’ prior notice sent via email;
• If the Service has reasonable grounds to believe that the User has materially breached these Terms, the account may be suspended or terminated immediately. In such case, the User will receive written notification indicating the grounds for the action and available remedies;
• If the Service determines, at its sole discretion, that the User is accessing the Services from a Restricted Location or is a resident thereof.

10.4. In the event of suspension or termination of the User Account, the User shall have the right to:

• Submit a request for review or clarification of the decision;
• Obtain a copy of the decision, including the factual and legal grounds for such action;
• Request reinstatement of the account or the unfreezing of services, where appropriate.

The Service shall assess such requests in good faith and respond within a reasonable timeframe. Any final decision shall be communicated to the User in writing.

10.5. If the User Account is deleted or terminated for any reason, the information stored in and accessible through the Account and User areas of the Service will be permanently deleted and rendered inaccessible to the User, subject to legal or regulatory data retention obligations.

10.6. Access to the User Account or to certain functionalities of the Service may be temporarily or permanently suspended, restricted, or denied by the Service in the following clearly defined circumstances:

• Violation of these Terms, Privacy Policy, or AML/CFT Policy, including but not limited to unlawful use of the Platform, fraud, or abusive activity;
• Failure to complete or pass required identity verification, including KYC/AML checks;
• Use of the Service from a jurisdiction that is classified as a Restricted Location or is subject to international sanctions;
• Receipt of a legally binding request from a competent authority or enforcement of an applicable court order;
• Suspicion of involvement in money laundering, terrorist financing, or other financial crime;
• Unusual or high-risk transactional activity, triggering internal compliance or risk alerts in accordance with the Service’s internal procedures and applicable law;
• Prolonged inactivity of the account, where technically justified and permitted by law.

10.7. Any suspension, restriction, or denial of access shall be:

• Proportionate to the identified risk or violation;
• Limited in scope and duration, unless a permanent ban is required by law or policy;
• Accompanied by a written notice to the User (unless prohibited by law or public interest), indicating the reason, legal basis, and available appeal or review mechanism.

10.8. The Service ensures that such measures do not result in arbitrary or discriminatory restrictions and that Users retain the right to fair treatment, in line with applicable legal and regulatory frameworks.

11. Fees

11.1. The Service has the right to introduce Fees for the Services provided. Before providing any Services, the Service undertakes to inform the User of the Fee amount charged for a specific transaction or the absence of a Fee. The User unconditionally authorizes the Service to charge (debit) the corresponding Fees from their Account.

11.2. We may change the Fee structure at any time, including adding new fees for new Services. We will notify You of any changes to the Fee structure, which may be done by posting a notification on the Website or sending you an E-mail. If You do not agree with the proposed changes, you should terminate your use of the Services and delete your Account.

11.3. Fees charged to Merchants are regulated in more detail in the Crypto Acquiring Agreement.

12. Restricted Locations

12.1. The Company shall not provide its Services to any User - whether a natural or legal person - who is subject to financial or trade sanctions imposed by the United Nations (“UN”), the European Union (“EU”), the Czech Republic, or other applicable competent authorities. This includes:

• Persons and entities listed on the UN Security Council Consolidated List;
• Sanctioned persons and entities listed in the EU Sanctions Map;
• Persons and entities included in the Czech National Sanctions List;
• OFAC list of sanctions;
• Her Majesty Treasury Sanctions List.

The Company employs a third-party compliance provider (e.g., AllPass) to conduct automated screening of all Clients and transactions against these sanctions lists, including jurisdictional and individual-based restrictions. Such screening is carried out both during onboarding and on a continuous basis.

12.2. The Company maintains an internal list of jurisdictions from which it does not accept Users due to sanction risks, AML/CFT exposure, or regulatory restrictions. Users originating from or residing in the following countries or territories are prohibited from accessing the Services:

Abkhazia, Afghanistan, Azerbaijan, Bangladesh, Belarus, Bolivia, Burundi, Cambodia, Central African Republic, China, Crimea, Cuba, Democratic Republic of the Congo, Eritrea, Equatorial Guinea, Federal Republic of Ambazonia, Gabon, Guatemala, Guinea, Guinea-Bissau, Haiti, Honduras, Iran, Iraq, Kosovo, Kyrgyzstan, Lebanon, Libya, Madagascar, Mali, Myanmar (Burma), non-government controlled areas of Donetsk, Luhansk, Kherson and Zaporizhzhia (Ukraine), Nicaragua, Niger, North Korea, Pakistan, Palestine, Paraguay, Republic of Artsakh, Russian Federation, Somalia, South Ossetia, South Sudan, Sudan, Syria, Tajikistan, Transnistria, Tunisia, Turkmenistan, Venezuela, Yemen, Zimbabwe.

12.3. In addition, the Company does not onboard Users from jurisdictions where specific local authorization or licensing is required to provide Crypto-asset services.

This list may be expanded or updated at the Company’s sole discretion in light of changes in applicable laws, regulatory guidance, geopolitical risk, or the Company’s internal risk appetite. The User bears sole responsibility for ensuring that their access to and use of the Services does not contravene any applicable sanctions or regulatory restrictions.

13. Prohibited Business

13.1. Company strictly forbids the use of its Services for any activity, business, or transaction involving the following products, services, or practices. Many of these prohibitions stem from requirements imposed by financial institutions, regulatory authorities, or applicable law. This list is not exhaustive and may be updated at any time at the Company’s sole discretion.

1. Narcotic substances, controlled drugs, or any products intended for drug use or manufacturing, including synthetic or imitation drugs and drug paraphernalia.
2. Cannabis, marijuana, hemp-based products, and any related businesses regardless of local legality.
3. Pharmacological products, unlicensed medications, pseudo-pharmaceuticals, and products requiring special approval or registration.
4. Pornographic content, sexually explicit materials or services, including escort services or prostitution.
5. Alcoholic beverages, tobacco products, and electronic cigarettes.
6. Weapons, firearms, ammunition, explosives and accessories, including those used for self-defense.
7. Items considered hazardous, such as toxic, flammable, or radioactive materials.
8. Goods or services involving human organs, body parts, remains, or remains of animals.
9. Counterfeit or unauthorized goods, including items infringing on intellectual property rights (trademarks, copyrights, patents, trade secrets).
10. Stolen goods or any item obtained illegally or through unauthorized means.
11. Products or services intended for deception, manipulation, or fraud, including pyramid schemes, multi-level marketing, speculative trading tools, and other predatory practices.
12. Credit repair, debt collection, or related financial services or other items not properly licensed.
13. Transactions involving fake, non-existent, or misrepresented products or services.
14. Objects of cultural, historical, or artistic value protected under national or international laws.
15. Personal identification documents, forms, permits, or state awards.
16. Special surveillance or technical equipment designed for covert information gathering.
17. Electronic, mechanical, or computing devices prohibited from circulation or restricted in use.
18. Rare or endangered animal species, including those protected under the Convention on International Trade in Endangered Species.
19. Digital content or physical goods that are restricted or vary in legality depending on jurisdiction.
20. Any goods, services, or business models prohibited under applicable law in the jurisdiction where you or your customers operate.
21. etc.

13.2. Any attempt to breach these restrictions will be considered a material violation of the Terms and may result in immediate termination of access, blocking or rejection of transactions, and reporting to the competent authorities. The Company reserves the right to delay processing any transaction pending the outcome of enhanced due diligence if a sanctions alert is triggered.

14. Complaints Handling

14.1. Users have the right to submit a complaint regarding the provision of Services, including technical issues, transaction processing, access restrictions, or any other actions or omissions by the Service. Complaints shall be submitted in writing to the support E-mail address specified on the Website or via another official communication channel made available by the Service.

14.2. The complaint should contain at least the full name of User and contact details, a clear description of the issue, the relevant date and time, any previous correspondence with the Service on the matter, and, where applicable, supporting documentation.

14.3. The Service shall acknowledge receipt of the complaint within 5 (five) business days from its submission.

14.4. A reasoned reply shall be provided within 15 (fifteen) business days of the acknowledgment. Where a longer investigation is required, the User will be informed of the reasons for the delay and the expected date of resolution, which shall not exceed 35 (thirty-five) business days from the date of receipt.

14.5. The Service may propose an explanation, remedy, or alternative resolution. If the complaint is upheld, appropriate corrective measures will be taken. If rejected, the Service shall provide a clear justification.

14.6. If the User is not satisfied with the outcome, they may submit an internal appeal, refer the matter to an Alternative Dispute Resolution body (“ADR”), or file a complaint with the competent authority in accordance with applicable law, including MiCA.

14.7. The Service shall maintain a record of all complaints, decisions, and relevant correspondence for a period of at least 5 (five) years, in compliance with applicable legal and regulatory requirements.

14.8. More details about the complaint handling procedure are described in our Complaint Policy.

15. Service Availability

15.1. The Service strives to ensure continuous, uninterrupted operation of the Website so that the User can access the Services at any time. However, the User acknowledges that due to technical maintenance, repairs, or exceptional disruptions, the Service cannot guarantee uninterrupted (100%) availability of the Services.

15.2. In the event that the Service or services are unavailable due to scheduled downtime for maintenance, the Service will make efforts to notify Users in advance. However, under no circumstances, whether Users have been notified in advance or not, will the Service be liable for any losses incurred by the User due to the unavailability of the Service or Services.

15.3. Without limiting the above, the Service is not obligated to maintain the availability of the Services if an event or circumstance that is extraordinary, unpredictable, and beyond the normal means of prevention with due care occurs, independent of the Service's will. Such an event includes, among other things, a severe hacker attack.

16. Disclaimer

16.1. The Services on the Website are provided on an "as-is" and "where-is" basis. To the extent permitted by applicable law, the Service disclaims all warranties, express or implied, regarding the operation of the Service or the availability of Services, including but not limited to merchantability and fitness for any particular purpose.

16.2. Except in cases of gross negligence, wilful misconduct, fraud, or breach of statutory duties, the Service shall not be liable to Users for any direct, indirect, special, punitive, or other types of damages or expenses, including but not limited to loss of profits, loss of income, or loss of business opportunities, arising from or in connection with the User's access to or inability to access and use the Service.

16.3. The Service does not guarantee that any Order will be executed, accepted, recorded, or remain open. Except for the explicit statements set forth in this Client Agreement, the User hereby confirms and agrees that they have not relied on any other representations or assurances, written or oral, regarding the use and access to the Service. Without limiting the foregoing, the User hereby understands and agrees that the Service is not liable for any losses or damages arising from or related to:

• Any inaccuracies, errors, or omissions in Crypto-asset Price Data;
• Any errors or delays in transmitting such Data, or interruptions in the transmission/receipt of any such Data;
• Any damages caused by the actions, inactions, or violations of this Client Agreement by another User.

16.4. To the maximum extent provided by the law, under no circumstances will the Service’s affiliates, shareholders, owners, members, directors, officers, employees, representatives, agents, suppliers, or contractors be liable for any incidental, indirect, or similar damages or liabilities (including, but not limited to, loss of data, revenue, profit, or business interruption) arising out of or in connection with the Service, its operation or non-operation, the Website, mobile application, or any other product or item provided by the Service or on its behalf.

16.5. Notwithstanding the foregoing, any liability of the Service, its affiliates, or representatives for claims arising out of or in connection with the use of the Service shall not exceed the total amount of Fees paid by the Client to the Service under this Client Agreement during the six (6) months immediately preceding the event giving rise to such claim. This limitation shall not apply where prohibited by applicable consumer protection laws.

16.6. The Service makes no representation or warranty regarding the accuracy, completeness, or timeliness of any Data or information on the Platform or the results obtained by the User from using the Service. The Service shall not be liable for any loss related to software, technologies, or equipment used by the User, or due to the Platform not meeting User requirements. However, nothing in this section shall exclude the Service’s liability for damages caused by its gross negligence or breach of mandatory legal obligations.

16.7. The User acknowledges and agrees that, to the extent the Service has taken all reasonable and lawful steps in accordance with applicable legislation (including MiCA and national law), it shall not be liable for any direct or indirect damages resulting from loss of data, Platform inaccessibility, downtime, loss of reputation, or missed opportunities.

17. Financial Risk

17.1. Under no circumstances should any information contained within the Service or provided by Us be considered as financial, investment, or professional advice, unless explicitly stated.

17.2. The User is solely responsible for their decisions regarding the exchange, transfer, and receipt of Crypto-assets, and should always consider their financial circumstances and associated risks before acquiring any Crypto-asset.

17.3. By using the Service, the User acknowledges that they understand all risks associated with transfer, and exchanging Crypto-assets. In particular, they understand that the value of Crypto-assets can be highly volatile and that exchange rates relative to other Crypto-assets or fiat currencies can fluctuate significantly, potentially leading to substantial and sudden declines in the value of Crypto-assets, including losses.

17.4. The User acknowledges that they are solely responsible for obtaining any necessary tax information or similar obligations arising in connection with any transactions, as well as for withholding, collecting, reporting, and remitting the correct amounts of tax to the relevant tax authorities. The Service is not responsible for providing such information or fulfilling any tax (or similar) obligations.

18. Personal Data

The collection of the User's personal data in connection with the use of the Service is limited to what is necessary for providing the services. The procedure for the collection, processing, and use of personal data is governed by the Privacy Policy, published as a separate document.

Merchants may provide personal data of Users or third parties to the Service for the purpose of ensuring proper functioning of the Service, fulfilling contractual obligations, or complying with applicable laws. By using the Service, Merchants represent and warrant that they have the necessary rights, legal grounds, and consents to transfer such personal data to the Service.

19. Intellectual Property

19.1. All our intellectual property assets, including but not limited to, all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, symbols, layouts, trade secrets, color schemes, and graphics, are owned by the Company and are protected by local and international intellectual property laws and treaties.

19.2. We hereby grant you a limited, non-exclusive, non-sublicensable license to access and use our intellectual property solely for your personal use.

19.3. In no event are you permitted to alter, modify, reproduce, distribute, or use for commercial purposes any materials, including text, graphics, video, audio, software code, User interface design, or logos.

19.4. The license granted under this Section will automatically terminate if the Service suspends or terminates the User’s access to the Services.

19.5. If the User uploads or shares any feedback, suggestion, idea, or other information or material with the Service, the User automatically grants the Service the right to use such content. It becomes part of the public domain while it remains on our Services and may be used for marketing or other purposes at our discretion.

20. Third-Party Platforms

20.1. Our Services may be promoted or presented via third-party platforms.

20.2. However, We are not affiliated with or responsible for the management, operations, or technical performance of such platforms. If you encounter any issue, such as a system error, delay, data loss, or malfunction, related to those third-party services, such matters must be addressed directly with the support team of the respective platform. We disclaim any liability for problems originating outside our infrastructure.

21. Communication

21.1. By using the Service, the User agrees that any communications related to the access and use of the services will be addressed electronically through notifications available upon accessing the Service or via E-mail. The User agrees to regularly check their E-mail address to receive any communications from the Service.

21.2. The Service is not responsible if the User provided an incorrect or unavailable E-mail address. The Service is not liable for the User’s failure to receive any communications sent to such an E-mail address.

21.3. The User may contact the Service electronically using the tools available on the Service or through the support email address [email protected]. Any electronic message is considered delivered when We confirm its delivery.

22. Governing Law and Dispute Resolution

22.1. By using the Service, the User agrees that these Terms and any disputes of any kind that may arise in connection with these Terms will be governed by the laws of the Czech Republic, without regard to conflict of law principles. This choice of law provision does not deprive the consumer of rights under mandatory provisions of the law of the consumer’s country of habitual residence, if such law would otherwise be applicable under Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and Council of June 17, 2008, on the law applicable to contractual obligations (Rome I).

22.2. Any dispute relating to these Terms shall be finally resolved in the courts of the Czech Republic, specifically the District Court of Prague and (if the regional court acts as the court of first instance) the Municipal Court of Prague. If You have in any way infringed or threatened to infringe the intellectual property rights of the Service, the Service may seek an injunction or other appropriate remedy in any court of our choice. You agree to the exclusive jurisdiction and venue of such courts.

22.3. By using the Service, the User agrees to notify the Service of any disputes arising out of or in connection with these Terms of Use without undue delay. Additionally, the User agrees to undertake an out-of-court dispute resolution procedure before submitting their claims to the aforementioned courts.

23. Force Majeure

23.1. The Company shall not be held liable for any delay or failure to perform its obligations under these Terms of Use if such delay or failure results from events beyond its reasonable control (“Force Majeure Events”), including but not limited to acts of God, war, terrorism, civil unrest, strikes or other labour disputes, natural disasters, epidemics or pandemics, power outages, internet or telecommunications failures, acts of government or regulatory authorities, or Blockchain network malfunctions.

23.2. During the period of a Force Majeure Event, the performance of the affected obligations shall be suspended. The Company shall take reasonable steps to mitigate the effects and resume performance as soon as practicable.

23.3. If the Force Majeure Event continues for more than 30 (thirty) consecutive calendar days, either Party may terminate the provision of Services by written notice, without any liability for damages resulting from such termination.

24. Final Provisions

24.1. If any provision of these Terms is found to be illegal, invalid, or unenforceable, in whole or in part, under any law, the legality, validity, and enforceability of the remaining provisions will not be affected. If any provision or part thereof is deemed illegal, invalid, or unenforceable, such provision will be replaced by a legal, valid, and enforceable provision that has as similar an effect as possible to the illegal, invalid, or unenforceable provision, considering the content and purpose of these Terms of Use.

24.2. The User may not assign or transfer any of their rights or obligations under these Terms of Use or otherwise related thereto without our prior written consent.

24.3. All provisions of these Terms of Use that by their nature extend beyond the termination of the mutual relationship, including but not limited to provisions regarding dispute resolution and governing law, will remain in effect after the termination of the mutual relationship between the Parties.

24.4. The Service reserves the right to unilaterally amend the terms of this Client Agreement. Such changes will take effect three (3) days after the new version of the relevant documents is posted on the Service. Each subsequent visit to the Service before using the account requires the User to review the new version of the above documents. Continued use of the Service by the User will signify acceptance of the new version of the Client Agreement. If the User does not agree with the terms of the new versions of the aforementioned documents, the User must cease using the Service, including by closing all pending Transactions.

24.5. The User may contact the Service electronically using the tools available on the Service or via the support E-mail address: [email protected]. Any electronic message is considered delivered once We confirm its receipt.