Terms And Conditions | Exchanga Pay

1. Introduction and Your Acceptance of the Terms of Service

1. “UAB DOGLINMA” is registered and authorized to act as a VASP according to the Lithuanian Companies Registrar under company number 306078215, with its registered address at EišiškiųSodų 18-oji g. 11, LT-02194 Vilnius and with operational address Zalgirio av. 90, 6th floor, LT-09303 Vilnius Lithuania. PLEASE READ THE TERMS OF SERVICE SET OUT HERE (“TERMS OF SERVICE”) CAREFULLY BEFORE USING THE APP OR THE SERVICES PROVIDED BY US.

2. In these Terms of Service, “you”, “your” and “End User” means you, the person who uses the Services.

3. In addition to the Terms of Service, you should also read our Privacy Notice carefully, which sets out how we collect and use your personal information.

4. When you use the Services via the App located at https://exchangapay.com/ (the “App”), the Terms of Service shall apply to you.

5. By registering with us and/or by using or accessing the App, Services or Software (as such terms are defined herein), you agree to be bound by the Terms of Service. As such, the Terms of Service constitutes an agreement between you and us, and shall govern your use of the App, Services and/or Software at all times. If you do not agree to any of the provisions of the Terms of Service you should immediately stop using the App, Services and Software.

2. Amendments to the Terms of Service

1. We may amend, modify, update and change any of the terms and conditions of the Terms of Service from time to time, including without limitation as a result of legal and regulatory changes, security reasons and changes to our Services.

2. We will notify you of any such amendment, update, modification or change by publishing a new version of the Terms of Service on the relevant page of the App, or by notifying you by email. Any new version of the Terms of Service will take effect 14 days after its publication on the App (or earlier if required by any law, regulation or directive which applies to either us or you), and your use of the Services after this period will be deemed to constitute your acceptance of such new version of the Terms of Service.

3. We advise that you check for updates to the Terms of Service on a regular basis.

3. The Services

1. Through the App, you can apply for a centralised wallet (“Storage“) to deposit (“Deposit”)and withdraw (“withdrawal”) of your cryptocurrency or Digital Assets or other Virtual Assets(“Assets”) , where the term is used interchangeably. These wallets which are funded with assets can also be used to make payment for cards when applying for one(“Payment for card’). You could select which card ,you would like to apply (“Apply Card”),. After applying for a card the completion of know your client is needed before card will be approved (“KYC”). Once card is approved you could top up your approved card with cryptoand it will be liquidate into fiatinto your debit card for usage (“Top up card”). Usage of the cards could be used in two modes, card present and card not present (“Card Usage”).

2. “ASSETS” Refers to both cryptocurrency and fiat currencies.

3. “DEPOSIT”Depositing your digital assetsinto your centralised wallet provided to you by Exchanga Pay.

4. “WITHDRAWAL”Withdrawal of your digital assetsfrom your centralised wallet provided by Exchanga Pay.

5. “STORAGE”Storage of any digital Assets deposited through us may be kept by Exchanga Pay in custody (a) either directly, or (b) with a third party custodian, depositary or professional service provider (each a “Sub-custodian”).

6. “APPLY CARD”Application and creation of physical or virtual card provided by a third party provider available on Exchanga Pay app.

7. “PAYMENT FOR CARD”Payment for creation and application of a physical or virtual cardprovided by a third party provider on the Exchanga Pay app.

8. “TOP UP CARD”Deposit and liquidate crypto into your cards. The rate at which crypto is liquidated into the card shall be determined by our liquidity provider. Top-up fees will be deducted based on individual cardsapplied and issued, where the percentage will be based on each card applied.

9. “CARD USAGE”Usage and rules of the physical or virtual card listed by our third-party provider in section 10.

10. “KYC”The Services provided to are subject on completion of ‘KYC” Know Your Client Process upon our partner’s satisfaction.

11. You acknowledge and agree that it is at our sole discretion whether to:

(i) provide you with any or all of the Services

(ii) reverse any of your deposits and/or transactions.

12. You acknowledge that certain limits may apply to:

(i) limits on the cards and wallets stated on the app, in accordance with our Policies which include but is not limited to volume and Know Your Client Process. We reserve the right to change such limits in our sole discretion.

13. We may suspend, modify, remove or add to the Services at any time.

14. The Company has no obligation to check whether users are using the Services in accordance with the Terms of Service, as updated from time to time.

4. Deposit

1. Digital Assets deposited through our Services (the “Deposit”) may be kept by the licensee in custody (a) either directly, or (b) with a third party custodian, depositary or professional service provider (each a “Sub-custodian”) in the name of the licensee, acting as nominee (fiduciary), but for the account and at the sole risk of the Client. Sub-custodians are selected by the licensee Upon written request, the licensee will provide a list of criteria used by the licensee to identify suitable Sub-custodians. The Client acknowledges that, unless otherwise indicated by the licensee, the licensee determines in its sole discretion whether the Digital Assets are kept in custody directly by the licensee or by a Sub-custodian. A substantial part, and potentially all, Digital Assets may therefore be held with a Sub-custodian. All Digital Assets credited from time to time to the wallet of the Client and sub-deposited with a Sub-custodian will be held by the licensee solely as nominee on behalf of the Client, which remains the legal and beneficial owner of such Digital Assets.

2. The list of Sub-custodians which may be used by the licensee for the Digital Assets is available on the licensee Website and/or in the System and may be amended or updated by the licensee from time to time without prior notice. Unless otherwise indicated by the licensee, the Client is not allowed to submit instructions regarding the choice of Sub-custodians with which the Client’s Digital Assets are to be kept in custody. The custody of the Client’s Digital Assets through Sub-custodians is subject to the laws, customs, rules and conventions applicable to the Sub-custodian, in particular in the jurisdiction of the Sub-custodian.

3. Digital Assets held on behalf of the Client may however be pooled with Digital Assets of the same type belonging to other clients of the licensee, to the Sub-custodian and/or to other clients of the Sub-custodian. Accordingly, but without prejudice to the provisions on legal title to Digital Assets, the Client shall not have the right to any specific Digital Assets, but will instead be entitled, subject to any applicable laws and regulations and to the Agreement, to a quantity of Digital Assets of the same description and of the same amount or quality, or the corresponding claim for delivery thereof that the licensee holds, as nominee for the Client, against any Sub-custodian, or the counter-value of the sale thereof in a currency or cryptocurrency.

4. The licensee shall not be liable for any loss directly or indirectly attributable to an action or omission, or for the insolvency/bankruptcy or similar event affecting any Sub-custodian. In case the licensee is unable or deems it difficult to retrieve the Digital Assets deposited with a Sub-custodian, the licensee may assign to the Client any claims for the return of the Digital Assets or for the counter-value of the sale of such Digital Assets in another currency or cryptocurrency against the Sub-custodian, to the extent such a claim exists and can be freely assigned to the Client.

5. The Client acknowledges and accepts that applicable laws, the nature of the Digital Assets under any applicable laws and/or the terms of any documents constituting the offering documents of any Digital Assets (the “Offer Documents”) may, in fact, prohibit or otherwise prevent Digital Assets (or a quantity of Digital Assets) from being returned to the Client at any time during the life of the Digital Assets and/or the term of the Agreement and, save for the wilful misconduct or gross negligence of the licensee, the Client accepts to bear such risk in full and, accordingly, releases the licensee from any liability in connection with the foregoing.

6. The Client acknowledges and agrees that the Client bears the risk of the Digital Assets held directly by the licensee and/or through a Sub-custodian being compromised for any reason (e.g., hacking, theft, fraud, cyber-attack, loss of private key, etc.) (each a “Loss Event”), absent any fraud or gross negligence of the licensee. In particular, the licensee shall have no liability in connection with a Loss Event resulting from any action, omission, or otherwise attributable to any Sub-custodian.

7. In case of any Loss Event, the licensee shall promptly notify the Client and inform the Client of any measures taken to mitigate the impact of such Loss Event. For the avoidance of doubt, the licensee will not have any obligation to mitigate the occurrence or the impact of any Loss Event.

8. The licensee does not undertake to offer custody services for the Digital Assets during the entire duration of the Digital Assets. In case the licensee discontinues or is unable to continue offering custody services for the Digital Assets, for whatever reason, the licensee may prevent, condition or delay the transfer, or sale, of the Digital Assets if the licensee deems it necessary or appropriate for its own protection and/or to comply with its legal or regulatory obligations.

5. Withdrawal

1. Subject to these terms and any applicable Product Terms, and provided that you have sufficient balance on your Exchanga Pay Account and the relevant Digital Assets are not on hold in your Exchanga Pay Account in connection with any Exchanga Pay Service, you may give instructions to Exchanga Pay to transfer Digital Assets to an external wallet address by submitting a withdrawal request on the Platform.

2. Upon receipt of the withdrawal request, Exchanga Pay will:

(i) deduct your Exchanga Pay Account balance; and

(ii) initiate an on-chain transfer to an external wallet designated by you. Exchanga Pay may not process a withdrawal request if, in our reasonable opinion, we consider that Applicable Law prevents the execution of the relevant withdrawal.

(iii) Exchanga Pay may also suspend withdrawals at such time deemed appropriate by Exchanga Pay to resolve any incidents on the Platform. Once such incidents have been resolved, Exchanga Pay will resume withdrawals.

6. Storage

6.1 Grant to Exchangapay.com

• In consideration for your use of the App and its related services and other valuable consideration, you grant Exchanga Pay and/or its Affiliates (asapplicable) the rights to all Assets available to you stated on App

6.2 Your acknowledgments

(a) Exchangapay.com and/or its Affiliates may without further notice to you (and you herebyconsent that we may):

(i) hold and use such assets in wallets and/or with such other facilities as Exchangapay.com and/or its Affiliates considers appropriate including in a manner which provides ancillary benefits and/or technical support to the development of any blockchains and facilitation and validation of transactions; and

(ii) retain all legal and beneficial title and rights, to any gains, benefits orrewards, whether financial or not financial, flowing from the holding and use of such On-Exchange Assets in such wallets and/or with such other facilities;

(b) your rights in relation to any On-Exchange Assets are limited to a contractualobligation for Exchangapay.com to provide an equivalent amount and type of On-Exchange Assets:

(i) for your use in connection with the Exchange; or

(ii) to send to you as part of a withdrawal, in each case, subject to these Exchange Terms and Conditions;

(c) you will not be able to exercise certain rights of ownership that you mightotherwise have before sending the On-Exchange Assets to us

(d) you have no claim or entitlement to any benefit that Exchangapay.com and/or its Affiliatesmay receive from time to time in relation to the On-Exchange Assets, exceptwhere specified otherwise;

(e) we and/or our custodial safeguarding institution may safeguard your stablecoinswith

(i) the same stablecoin you hold in your Wallet;

(ii) another stablecoindenominated in the same Fiat Currency; or

(iii) the Fiat Currency that the stablecoinsin your Wallet are pegged to;

(f) references to “your Account”, “your Virtual Assets” or similar in the Agreement orany communication from us should not be taken to imply anydifferent status of theOn-Exchange Assets; and

(g) Exchangapay.com’s ability to meet its contractual obligations as stated and theseExchange Terms and Conditions (on time or at all) may be impacted by any lossesor delays sustained in connection with its holding or use of On-ExchangeAssetsamongst other factors. This may result in losses or delays to you. In the worstcase, a total loss of On-Exchange Assets may occur.

6.3 Disclaimer

(a) any back-to-back lending or other arrangement, nor any collective investment, onthe part of Exchangapay.com or any third party on your behalf; or

(b) the assumption of any liability by Exchangapay.com, Exchangapay.com Group Members and/orits Affiliates for any actions taken by you as part of the services relating to theExchange.

6.4 Custodial arrangements for jurisdictions and clients for which certain specialsafekeeping rules apply

(a) Are subject to Applicable Law. In particular, whereany Assets are required to be held in any other capacity (forexample, beneficially for you), we will:

(i) follow any mandatory requirements to the extent of anyinconsistency withthe other provisions of this clause 6; and

(ii) seek to notify you of the difference in treatment, although a failure to doso should not be taken as a breach of the Agreement.

(b) Where clause applies and we are required to hold assets on your behalf, then:

(i) such assets may be held by us or by any other institution whichprovides services for the custody of Virtual Assets.

(ii) we may otherwise deal with your Virtual Assets if:

(A) such action is for the Execution of an Order;

(B) such action is for the settlement of any amount owing undera service provided under this Agreement, or any fees and Costs owed by you to us in respect of the Exchange; or

(iii) if we receive any interest, distributions or other benefits arising fromyour Virtual Assets held by us or any other institution for you, we may:

(A) credit the relevant amount to your Account; or

(B) pay or transfer the relevant amount to you, in a manner as agreedby us,ineach case subject to Applicable Law, our internal policy andany other term of the Agreement.

6.5 General acknowledgements

You understand and accept that:

(a) any Virtual Assets we hold (whether beneficially or on your behalf) do not enjoythe same protections as are available in respect of traditional deposits and financial products; and

(b) under no circumstances are we under any duty to return to you any Virtual Assetsoriginally delivered to, or otherwise held by, us, but where we have a duty to doso, we will send assets of an identical type, and in the same nominal amount, ofthe Virtual Assets we owe to you, subject to our other rights under the Agreementand Applicable Law.

7. Apply cards

1. To apply for and use a Card relating to the Program, You must be at least 18 years of age, reside in supported countries and regions, be anExchanga Pay Wallet holder, and have accepted such other terms and conditions as may be implemented by Exchanga Pay, the Program Manager, the Card Issuer and the Scheme that may be applicable to You. You may apply for a Card on the App through your Exchanga Pay Wallet account.

2. Provided the Program has been able to undertake KYC to a satisfactory standard as per the Program AML Policy, You shall receive an activation confirmation via Your email or on Your App and You will be able to use the card you applied for.

3. You may apply for a Card for Your Account and each shall constitute a ‘Card’ for the purpose of these Terms and Conditions. The Card is a debit card that can only be used to access assets in Your Exchanga Pay Wallet.

4. We will endeavour to send any physical Card applied for to You within forty-five working days (45) days of approval. However, please be aware that in some instances it can take longer for Your Card to arrive.

5. If You receive a physical Card, You must sign the signature strip on the back of the Card as soon as You receive it and then follow the instructions on the App to activate it. You will be given your PIN for the physical Card through the various methods depending on the issuer.

8. Payment for cards

1. All purchases of cards shall be quoted in USDT determined by Exchanga Pay.

2. The cost of the card is stated on the App unless otherwise.

3. Payment of the card will be deducted from your Crypto wallet that is provided by Exchanga Pay.

4. Payment must be made before receiving your card.

5. Payments for the card include delivery fees if there are any.

9. Top up card

a. Selling your USDT to fiat, into card –

You hereby understand and agree that any price or rate of Crypto which appears on the App at which we sell Crypto is accurate for that moment alone, and the rate or price which appears on the App upon your execution of any of the aforementioned transactions, may not be the final price or rate of your transaction. This is due to the highly volatile nature of the price of Crypto, and the period of time required for completing the transaction. Such period of time may vary depending on the method of payment and the third-party payment processors which are used by you.

b. The final rate/price of your transaction (the “Final Rate”) will be the rate/price which appears on the App upon:

c. Any order by you to perform any of the Services which you make on the App shall be considered as pending and not completed until our receipt of confirmation/ Crypto /funds (as applicable) and shall not be binding on us in any way whatsoever.

d. Upon Execution, the funds shall be delivered by us to the relevant destination pursuant to the type of Service requested by you (e.g. Your card). You should note that although we will attempt to transfer the funds into the card as soon as we can, in certain instances the transfer may take some time.

e. Upon Execution, we shall provide you, either on the App, through email or otherwise, a transaction confirmation, stating the Final Price and other details regarding the Execution (the “Transaction Confirmation”). You agree that the Transaction Confirmation shall be final and binding on you.

f. In rare circumstances, the Company reserves the right to either cancel your order or offer you a different price for the Service which you wish to receive. In the event we cancel your order, if we have already received funds from you with regards to such order, subject to applicable law and regulation we will refund such funds to you. If we have offered you a different price for your order and you agree to such price, we will execute your order at such agreed price, with the previous order becoming void.

g. Other than at our sole discretion, you cannot cancel, reverse, or change any transaction. If your liquidation from USDT into the card from us is not successful or if your payment method has insufficient funds, you agree that the Company, in its sole discretion, may either cancel the transaction or to debit your other payment methods, in any amount necessary to complete the transaction.

h. The Client must acknowledge and accept that purchases cannot be pulled out, revoked, or amended in any case. Refunds may be possible provided the Client did not disobey or violate any term or condition set in the Agreement. Refunds may also be possible as long as the Client manages to inform the Company that he/she wants his/her account to be closed.

❖ You understand and agree that the Final Rate may be either higher or lower than any other rate which was previously available on the App, in accordance with value fluctuation which may occur, that this may change either in your favour or in ours, and that we have no control whatsoever on such change.

10. Card Usage

1. You shall use the Card and the PIN only for effecting, processing or conducting Card Transactions permitted by us during the validity period printed on the Card.

2. The Card shall remain our property at all times. We may replace or renew the Card on such terms as we may impose. You shall not transfer or otherwise part with the control, custody or possession of the Card. At our request, which may be made at any time, you must immediately return the Card to us (cut cross-wise in half for your protection).

3. We are entitled to charge and debit to your Account an annual fee and/or joining fee for the issue and renewal of the Card.

4. You shall not, whether with or without your knowledge, use the Card to effect any Card Transaction which could contravene the laws of any jurisdiction.

5. You must notify us promptly in writing of any change of your address and/or any other changes in your particulars or any other information as we may request from time to time.

6. You agree that when the Card is used to effect, process or conduct any Card Transaction, it is, or shall be deemed to be, used with your authority and knowledge whether or not you have actually authorised and/or have knowledge of the use of the Card and we shall debit against your Account any such amount transacted or processed through the use of the Card. You shall accept our records of all Card Transactions effected, processed or conducted through the use of the Card as correct and conclusive, save in the case of manifest error, and you agree to be bound by our records.

7. You shall bear any loss or damage incurred or sufferedby you arising from or in connection with the use of the Card.

8. We shall send you a transaction alert for each Card Transaction effected, processed or conducted using the Card which is above the threshold amount as prescribed by or otherwise agreed to by us and for each set up or change in PIN as accepted by us. Such transaction alert will be sent by short message service to your last known telephone number as provided to us and shall be deemed to be sent on the date of transmission notwithstanding the fact that the same may not be actually received by you. We shall not be liable in any way whatsoever to you or any other party for any loss or damage in the event that such transaction alert is received by a third party.

11. KYC/Anti Money Laundering

UAB “Doglinma” takes into consideration the Legal standards for Money Laundering and other criminal activities.

1. You must not use the Services under any circumstances if you are under the age of 18 years old.

2. We may on registration of your account with us and at any time thereafter request that you provide us with your personal information, including but not limited to, your name, address, telephone number, e-mail address and date of birth. We will verify your details, by requesting certain documents from you. These documents may typically include a government-issued passport/identity card, proof of address such as a utility bill, also we may request you to provide us with a proof of your payment method. We may request that copies of such documents are notarized at your own expense, meaning that the documents are stamped and attested by a Public Notary. Should the documents fail our internal security checks – for example, if we suspect that they have been tampered with, or are in any way proved to mislead or misrepresent – we shall be under no obligation to accept such documents as valid, and under no obligation to provide feedback on the exact nature of our findings with regards to these documents. In addition, we may request that you attend a video call to verify your identity.

3. All the documents will be collected and processed with our partner, SUM & SUBSTANCE, either at card application or during crypto withdrawal stage. The verification of the documents might take up from 15 minutes up to 7 days.

4. We may also perform further background checks on you and request any relevant documentation from you for any reason.

5. You may not use the Services of the Website if you are located or are a resident of the Democratic People’s Republic of Korea (DPRK), Iran, Albania, The Bahamas, Barbados, Botswana, Cambodia, Ghana, Jamaica, Mauritius, Myanmar, Nicaragua, Pakistan, Panama, Syria, Lebanon, Iraq, Uganda, the United States of America, Yemen, Zimbabwe (“Restricted Territories”). The Restricted Territories list may change from time to time for reasons which include but are not limited to licensing requirements and any other legal and regulatory changes.

6. UAB “Doglinma” has policies and procedures in place to prevent theinvolvement or misuse of money laundering activities. Prior to accepting new clients and allowing them to make transactions, the following documents shall be obtained for the verification of clients’ identity UAB “Doglinma” shall be responsible for the collection of all information and documentation of any potential client in order for the Company to accept the said client. These procedures include:

(i) obtaining appropriate evidence of client identity

(ii) maintaining adequate records of identification information

(iii) determining that clients are not known or suspected terrorists by checking their names against lists of known or suspected terrorists

(iv) informing clients that the information they provide may be used to verify their identity

(v) maintains records of client transactions

Money laundering occurs when funds from an illegal/criminal activity are moved through the financial system in such a way as to make it appear that the funds have come from legitimate sources.

There are three stages involved in money laundering; placement, layering, and integration.

(vi) firstly, cash or cash equivalents are placed into the financial system

(vii) secondly, money is transferred or moved to other accounts (e.g. futures accounts) through a series of financial transactions designed to obscure the origin of the money

(viii) And finally, the funds are re-introduced into the economy so that the funds appear to have come from legitimate sources (e.g. closing a futures account and transferring the funds to a bank account).

In order to avoid any money laundering suspects cases, we demand that clients declare on the source of the funds that are used while using UAB “Doglinma” Services

All the guidelines mentioned above have been taken into consideration to protect UAB “Doglinma” and its clients.

12. Who May Use The Services

1. You must not use the Services under any circumstances if you are under the age of 18 years old.

2. We may on registration with us and at any time thereafter request that you provide us with your personal information, including but not limited to, your name, address, telephone number, e-mail address and date of birth. We are using Sum sub digital verification platform for our verification. We will verify your details by requesting certain documents from you. These documents may typically include a government issued passport/identity card, proof of address such as a utility bill, also we may request you to provide us with proof of your payment method. We may request that copies of such documents are notarized at your own expense, meaning that the documents are stamped and attested by a Public Notary. Should the documents fail our internal security checks – for example, if we suspect that they have been tampered with, or are in any way proved to mislead or misrepresent – we shall be under no obligation to accept such documents as valid, and under no obligation to provide feedback on the exact nature of our findings with regards to these documents. In addition, we may request that you attend a video call to verify your identity.

3. We may also perform further background checks on you and request any relevant documentation from you for any reason.

4. You may not use the Services of the App if you are located or are a resident of Democratic People’s Republic of Korea (DPRK), Iran, Albania, Botswana, Ghana, Jamaica, Nicaragua, Pakistan, Panama, Syria, Lebanon, Iraq, Uganda, the United States of America, Yemen, Zimbabwe (“Restricted Territories”).The Restricted Territories list may change from time to time for reasons which include but are not limited to licensing requirements and any other legal and regulatory changes.

13. Your Registration

1. Your registration is for your sole personal use only and shall not be used for any professional, business or commercial purpose. You acknowledge that multiple or linked registrations are not allowed.

2. We recommend providing your KYC documentation starting from the day of your registration with us. If you fail to provide us with your KYC documentation or your documentation does not meet the company’s standards, the company reserves the right not to provide you with the services.

3. You may only access the App and use the Services via your own registration, and you may never access the App or use the Services by means of another person’s registration.

4. The Company may, at any time, set off any amount owed by us to you whether in Crypto or in Fiat against any amount owed by you to us whether in Crypto or in Fiat.

5. We do not store cryptos and the cryptos are kept by 3rd party (Fireblocks)

14. Your Use of Our Technology and Intellectual Property

1. You may only install and use the software (the “Software”) connected to the App and all content derived from the Software, including, but not limited to, the copyright and all other intellectual property rights in the Software, in connection with the Services for your personal and non-commercial use and in accordance with the Terms of Service. The Software’s code, structure and organization are protected by intellectual property rights. You must not: (i) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; (ii) sell, assign, sublicense, transfer, distribute or lease the Software; (iii) make the Software available to any third party through a computer network or otherwise; (iv) export the Software to any country (whether by physical or electronic means); or (v) use the Software in a manner prohibited by any laws or regulations which apply to the use of the Software (collectively the “Forbidden Practices”).

2. You will be liable to us for any damage, costs or expenses we suffer or incur that arise out of or in connection with your commission of any of the Forbidden Practices. You shall notify us as soon as reasonably possible after becoming aware of the commission by any person of any of the Forbidden Practices and shall provide us with reasonable assistance with any investigations we may conduct in light of the information provided by you in this respect.

3. The brand names relating to the App and any other trademarks, service marks and/or trade names used by us either on our own behalf from time to time (the “Trademarks”) are owned by us, or our licensors. In addition to the rights in the Trademarks, we and/or our licensors own the rights in all other content of the App (the “Content”). By using the Services, you shall not obtain any rights in the Trademarks or the App Content and you may use the Trade Marks and Content in accordance with the terms of the Terms of Service only.

4. You may not use the Services or the App in a manner prohibited by any laws or regulations which apply to you.

15. Your Obligations

You confirm the following to us:

1. You are 18 years of age or older, you are of sound mind, and you are capable of taking responsibility for your own actions.

2. All details provided by you to us either during the registration process or at any time afterwards (including as part of any use of the Services) are true, current, correct, complete and not misleading and, as appropriate, match the name(s) on the ID/Passport(s) or other payment accounts to be used to transfer or receive Crypto. In the event of any changes of the details previously provided by you to us, you will promptly notify Exchanga Pay Support Team through registered with us Email or Phone Call through registered with us Phone Number in order to be able to use our services further.

3. Your registration with the Company is solely for your benefit. You shall not allow any third party (including a relative) to use your registration, password or identity to access or use the Services or the Software and you shall be fully responsible for any activities undertaken on your registration by a third party. You will not reveal your Registration Username (Email) or Password to any person and you shall take all steps to ensure that such details are not revealed to any person. You shall inform us immediately if you suspect that your registration is being misused by a third party and/or any third party has access to your Registration Username (Email) or password so that we may investigate such matter, and you will cooperate with us, as we may request, in the course of such investigation.

4. You are responsible for the security of your account. Registration Username (Email) and password on your own Phone or internet access location. If this Registration Username (Email) or password combination is “hacked” from your Phone, due to any viruses or malware that is present on the Phone that you access your Registration with, this is your responsibility. You should report any possible hacking attempts or security breaches from your Phone immediately to the Company.

5. You are fully aware that there are several risks when storing and liquidating Crypto including but not limited to: (i) a decrease in the Crypto value; and (ii) there is no regulatory body which protects and backs up the Blockchain or value.

6. That your use of the Services, Software and the App is at your option, discretion and risk.

7. You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any amounts transferred to you or which you receive with respect to your use of the Services.

8. You are responsible for obtaining access for your device to telecommunications networks and the Internet and for acquiring any other consents and permissions required for your device to connect with the App and the Services.

9. In order to withdraw Crypto with us, you must provide us with your personal digital wallet address. It is your responsibility to ensure that the address is both accurate and complete and we will have no obligation whatsoever to verify the accuracy and completeness of the address. In the event that you provide us with incorrect or incomplete address, or you have failed to update your address and as a result your Crypto is transferred to an incorrect wallet, we shall not be liable to you for any such Crypto. However, if we are not able to credit the Crypto to you, we reserve the right to subtract from the Crypto due to you an amount to reflect the required investigation and additional work created by you having provided incorrect or incomplete details.

10. That the personal digital wallet address to which we transfer Crypto belongs and is owned by you.

11. You may not use the App, Software or the Services for any unlawful, criminal or fraudulent activity or any prohibited transaction (including money laundering) under the laws of any applicable jurisdiction.

12. The Crypto which you sendto your wallet with will not be used by you for any unlawful, criminal or fraudulent activity or any prohibited transaction under the laws of any applicable jurisdiction.

13. That you are aware that the prices of Crypto displayed on the App are not final and that the Final Price is binding upon you.

14. You will use the Services, Software and the App in accordance with all applicable laws, regulations and directives.

15. If you are entering the Terms of Service on behalf of a legal entity you confirm that:

(i) you are duly authorized to do so under the governing documents of such legal entity;

(ii) there is nothing under applicable law or regulation in the jurisdictions in which such entity is organized or regulated, which prevents it from entering into the Terms of Service and use any and all of the Services;

(iii) you have the authority to bind such legal entity to the Terms of Service;

(iv) that the persons who use any of all of the Services have the proper authority to do so; and

(v) you shall indemnify and hold harmless the Company in such respect.

16. That you understand that the Company shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions (together “Interested Third Parties”) of your identity and of any suspected unlawful, fraudulent or improper activity and that you will cooperate fully with the Company to investigate any such activity.

17. You agree that, in the event that the App, Software or Services fails to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person’s misuse of the App or its contents or any error or omission in content or any other factors beyond our control:

i) The Company will not be responsible for any loss, including loss of profits, that may result; and

ii) If any such errors result in an increase in the Fiat Money amount paid or owed to you by the Company or the Crypto amount owed or paid to you by the Company you shall not be entitled to the Crypto or Fiat Money (as applicable) falling within such. You shall immediately inform the Company of the error and shall repay any such increase paid to you in error to the Company (as directed by the Company) or the Company may, at its discretion, deduct an amount equal to such increase from any Fiat Money paid by you to the Company, set off such amount against any money owed to you by the Company.

16. Your Disputes with Us

The Client may, under any circumstances, file a complaint with the expected resolution as well as any other information believed by the Client to be relevant enclosed together with the complaint. The Company reserves the right to accept or reject the request to resolve complaints or disputes without becoming one of the parties involved.

The Company will then assign an authorized representative to evaluate and take the complaint of the Client into consideration with the provided information given by the Client being used as a basis for the conclusion of the Company’s evaluation.

Otherwise stated, all disputes made against the Company, including, but not limited to, the disputes stated in this Terms and Conditions, the access restriction and/or termination of the App,Exchanga Paytrademarks, trade dress, copyright, and other disputes on intellectual property disputes, accounts of users, privacy, and warranty disclaimers will be governed under the laws of the jurisdiction of Lithuania.

17. Our Limitation of Liability

1. THE SERVICES AND APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS AND ACCURACY OF THE APP, SERVICES AND THE SOFTWARE AND INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE

RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SOFTWARE LIES WITH YOU.

2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO WARRANTY THAT THE APP, SOFTWARE AND SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES AND BUGS AND/OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES OR APP.

3. The Company has no obligation to maintain Registration Names (Emails) or passwords. If you misplace, forget or lose Registration Name (Email) or password because of anything other than the Company’s negligence, the Company shall not be liable.

4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE SERVICE PROVIDERS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND THEIR REPRESENTATIVES, BE LIABLE TO YOU OR ANYONE ON YOUR BEHALF, FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND WHATSOEVER; AND/OR ANY LOSS OF BUSINESS, PROFITS, REVENUE, CONTRACTS OR ANTICIPATED SAVINGS; AND/OR LOSS OR ANY DAMAGE, ARISING FROM YOUR USE OF THE APP, SERVICES OR SOFTWARE; WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, AND OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SOFTWARE, APP AND SERVICES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED 50 EUROS.

5. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION WHICH YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE APP, SERVICES, SOFTWARE OR THE TERMS OF SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

6. We will not be liable or responsible for any failure or delay of the App, Services, Software or for our failure to perform, or delay in the performance of, any of our obligations under the Terms of Use that is caused by events outside our reasonable control, including (without limitation) any telecommunications network failures, power failures, failures in third party computer (or other) equipment, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of government or other competent authorities (a “Force Majeure Event”).

7. Nothing in the Terms of Service will operate so as to exclude any liability of the Company for death or personal injury that is caused by the Company’s negligence.

8. Although we intend to provide accurate and timely information on the App (including, without limitation, the Content), the App may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the App are your sole responsibility and we shall have no liability for such decisions.

18. Indemnification by You

1. You agree to fully indemnify, defend and hold the Company, its affiliates and their respective service providers, and any of their respective officers, directors, agents, joint venturers, employees and representatives harmless immediately on demand from and against all claims, demands liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result:

(i) of any breach of the Terms of Service by you.

(ii) violation by you of any law, regulation or the rights of any third party.

(iii) use by you of the Services, App or Software or use by any other person accessing the Services or Software using your user identification, whether or not with your authorization.

19. Registration Suspension, Cancellation and Termination

1. The Terms of Service shall come into force immediately upon your completion of the registration process with us and shall continue in force unless and until terminated in accordance with its terms.

2. We may

(i) suspend your registration with us and your access to any or all of the Services; or

(ii) terminate the Terms of Service and cancel your registration immediately upon giving you notice to the email address which you have supplied us with (provided that such e-mail address is a valid email address) if:

❖ For any reason we decide to discontinue provision of the Services to you or in general.
❖ We reasonably suspect or you have breached any of the terms of the Terms of Service.
❖ You have failed to pay for your purchase of Card from us.
❖ Your documents fail our internal security checks.
❖ We reasonably suspect that you have permitted another person to use your registration with us.
❖ We reasonably suspect that your registration or any transaction is related to prohibited use or is not compliant with any applicable laws or regulations.
❖ We reasonably suspect that you are abusing any or all of the Services.
❖ We are so required by a subpoena, court order, order or request of a government authority or regulatory authority.
❖ You take any action that we deem as circumventing our controls, including, but not limited to multiple registrations.
❖ Use of your registration is subject to any pending litigation, investigation, or government proceeding or we perceive a heightened risk of legal or regulatory non-compliance associated with your registration activity.
❖ Our service partners are unable to support your use of any or all the Services.
❖ We reasonably believe that your registration is associated with any other registration that has been suspended or terminated for breach of the Terms of Service or suspended for any reason, or due to a Force Majeure Event.

3. In the event we suspend or terminate your access to your registration and the Services in accordance with any of Section 2, you shall not be able to access your registration and use any or all the Services. In such event of termination or suspension: (i) we reserve the right to cancel outstanding or pending orders to purchase Crypto from us, (iii) withhold any Fiat Money which you have paid to us in relation to buying Crypto from us for which you have not received the Crypto.

4. You may terminate the Terms of Service and cancel your registration at any time using closing account tab on the app. You hereby undertake to raise such claims or disputes with the customerservice department at support@exchangapay.com. Such termination of the Terms of Service shall take effect upon the cancelation of your registration (including Registration Username (Email) and password), which shall occur within 7 calendar days after receipt by us of your email on our servers more than 7 calendar days after the date of the original transaction. You hereby undertake to raise such claims or disputes with the customer service department at support@exchangapay.com.

5. You will remain responsible for any activity with your registration between sending us such email and the cancellation of your registration by us, which includes but is not limited to paying us for the purchase of any products or services from us and providing us with any Crypto which is owed by you to us.

6. On termination of the Terms of Service:

❖ You shall stop using the App, Software and the Services.
❖ Pay us any amounts which you owe to us.
❖ Provide to us any Crypto which you owe to us.
❖ Neither party shall have any further obligation to the other, except as otherwise provided in the Terms of Service.
❖ The right to terminate the Terms of Service and to cancel your registration given by this section shall not stop you or us from exercising any other right or remedy in respect of the breach concerned (if any) or any other breach.
❖ Upon the termination of the Terms of Service for any reason, except as otherwise provided in the Terms of Service and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under the Terms of Service.

20. General

1. If any part of the Terms of Service is disallowed or found to be ineffective by any court or regulator or administrative body, the other provisions of the Terms of Service shall continue to apply. In such cases, the part disallowed or ineffective shall be interpreted as closely as possible to its original aim.

2. If you breach the terms of the Terms of Service and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach such terms.

21. Customer Service Department

1. For service quality assurance calls made by you to the customer service department may be recorded.

2. You hereby expressly consent to us using the contact details provided by you on registration to occasionally contact you directly in relation to your use of the Services or any other products or services offered by us from time to time.

3. We will not tolerate any abusive behaviour exhibited by users of the Service to our employees. In the event we deem that your behaviour, via telephone, live chat, email or otherwise, has been abusive or derogatory towards any of our employees, we shall have the right to cancel your registration with us and terminate the Terms of Service and such act will be considered as a breach of the Terms of Service by you.

22. Third Party Links, Sites and Services

The App may contain links to third-party Apps, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party App, service, or content from the App, you do so at your own risk and you agree that we will have no liability arising from your use of or access to any third-party App, service, or content. In addition, you must ensure that you have read, understood and agreed to all of the terms and conditions, policies and guidelines of any third-party App, service, or content.

23. Governing Law

The Terms of Service and the relationship between the parties shall be governed by, and interpreted in accordance with the laws of the Republic of Lithuania if you wish to take court proceedings against us you must do so in the courts of the Republic of Lithuania which both you and we submit to.

24. General Previsions

1. Waiver If we fail to insist upon strict performance of any of your obligations or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.

2. Severability: If any of the provisions of the Terms of Service is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the Company’s original intent.

3. Entire Agreement: The Terms of Service contains the entire agreement between the Company and you relating to your use of the App, Software and the Services and supersedes any and all prior agreement between the Company and you in relation to the same. You confirm that, in agreeing to accept the Terms of Service, you have not relied on any representation save insofar as the same has expressly been made a representation by the Company in the Terms of Service.

4. Transfer of Rights and Obligations: The Terms of Service contains the entire agreement between the Company and you relating to your use of the App, Software and the Services and supersedes any and all prior agreement between the Company and you in relation to the same. You confirm that, in agreeing to accept the Terms of Service, you have not relied on any representation save insofar as the same has expressly been made a representation by the Company in the Terms of Service.

5. Third Party Rights: Unless otherwise expressly stated, nothing in the Terms of Service shall create or confer any rights or any other benefits to third parties.

6. Outsourcing: Subject to applicable laws and regulations, the Company may outsource any or all of the Services it provides under the Terms of Service to third parties.

7. Relationship of the Parties: Nothing in the Terms of Service shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.

Last updated on March 20^th 2024.