Terms of use

General provisions

This ‘Software User Agreement and Terms of Service’ define terms of use of software developed and provided by Etna Development OÜ and it’s services, and constitute a legal agreement between you as a user (hereinafter ‘User’ or ‘you’) and Etna Development OÜ (hereinafter “the Company“, “Etna Development OÜ”, “we” or “us”)

ETNA DEVELOPMENT OÜ, is an Estonian private limited company, registered under registry code 14477355, whose legal address is Pärnu mnt 158, Tallinn, 11317, Estonia

The Company provides its activities according to law of the Republic of Estonia and European Union law with the following licenses :

"Financial services, Providing services of exchanging a virtual currency against a fiat currency" # FVR000142 from 08.05.2018
"Financial services, Providing a virtual currency wallet service" # FRK000120 08.05.2018

This agreement is deemed to be concluded in the Republic of Estonia between you and the Company on the date and time you start using the software and/or service provided by the Company. Use of the software and service occurs in in the Republic of Estonia regardless of the user's physical location.

These are legal terms and conditions of using the software and the service. No other materials, including website texts, prospects, bucklets, blog post, and other marketing material should be considered as establishing and defining legal relationship between the user and the Company, nor the legal status of software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Due diligence and KYC

The purpose of customer due diligence is to prevent the use of assets and property obtained in a criminal manner in the economic activities of credit institutions and financial institutions and in the services provided by them whose goal is to prevent the exploitation of the financial system and economic space of the Republic of Estonia for money laundering and terrorist financing. Customer due diligence is aimed, first and foremost, at applying the Know-Your-Customer principle, under which a customer shall be identified and the appropriateness of transactions shall be assessed based on the customer’s principal business and prior pattern of payments. In addition, customer due diligence serves to identify unusual circumstances in the operations of a customer or circumstances whereby an employee of the Company has reason to suspect money laundering or terrorist financing.

Requirement for the measures of prevention of money laundering and terrorist financing is that the Company does not enter into transactions or establish relationships with anonymous or unidentified persons. Legislation requires that the Company waives a transaction or the establishment of a business relationship if a person fails to provide sufficient information to identify the person or about the purpose of the transactions or if the operations of the person involve a higher risk of money laundering or terrorist financing. Also, legislation requires the Company to terminate a continuing contract without the advance notification term if the person fails to submit sufficient information for application of customer due diligence measures.

Under current law the Company has the right, taking account the special requirements and restrictions provided by law, to use the services of a third party under a contract the subject of which is the continuing performance of activities and continued taking of steps required for the provision of (a) service(s) by the Company to its customers and that would normally be performed and taken by the Company itself. For the purposes of this section, third parties include, for instance, agents, subcontractors and other persons to whom the Company transfers the activities relating to the provision of the services provided as a rule by the Company in its economic activities.

If the company does not provide otherwise for a particular user or group of users, user identification is provided by Cryptonomica Ltd., a company registered in England and Wales, Registration # 11331467, via service provided on cryptonomica.net, including online identification and connected notaries.

Under this agreement you, as a user, grant consent to the transfer of your personal data from Cryptonomica Ltd. to the Company.

The user must take into account that, given the legal obligations of the company under the Money Laundering and Terrorist Financing Prevention Act and other relevant laws Company should keep personal information of the users, and such information cannot be removed or deleted by user’s request.

User has legal obligation to inform the Company is, he/she is:

a politically exposed person;
a person whose place of residence or seat is in a country where no sufficient measures for prevention of money laundering and terrorist financing have been taken;
a person with regard to whose activities there is prior suspicion that the person may be involved in money laundering or terrorist financing;
a person with regard to whom international sanctions are imposed;

Legislation requires that the Company waives a transaction or the establishment of a business relationship if a person fails to provide sufficient information to identify the person or about the purpose of the transactions or if the operations of the person involve a higher risk of money laundering or terrorist financing. Also, legislation requires the Company to terminate a continuing contract without the advance notification term if the person fails to submit sufficient information for application of customer due diligence measures.

Eligibility and Acceptable Use

You must be an adult to use our software and service. When accessing or using our software and services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our software and services. Without limiting the generality of the foregoing, you agree that you will not:

Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our software and services, or that could damage, disable, overburden or impair the functioning of our software in any manner;
Use our software and services to pay for, support or otherwise engage in any illegal gambling activities; scam activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our software or to extract data;
Use or attempt to use another user's account without authorization;
Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our software that you are not authorized to access;
Develop any third-party applications that interact with our software without our prior written consent;
Provide false, inaccurate, or misleading information;
Encourage or induce any third party to engage in any of the activities prohibited in European Union or in country of your residence.

Trading Risks

Engaging in trades may be risky, especially if you engage in any margin trades or use any other sophisticated trading options. You should not use our software and/or services if you do not understand these risks, or if you do not have sufficient qualifications.

Discontinuance or change of software/services

We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our software or services.

Dispute resolution

Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Cryptonomica Arbitration Rules in the version in effect at the time of the filing of the claim.

And unless the parties agree otherwise in writing:

The place of arbitration shall be: London, United Kingdom.
The language to be used in the arbitral proceedings shall be: English.
The number of arbitrators shall be: one.
The arbitral tribunal shall decide ex aequo et bono.

Any dispute arising out of or related to this agreement is personal to you and Company and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Force majeure

The Force Majeure (Exemption) clause of the International Chamber of Commerce (ICC Publication No. 421) is hereby incorporated in this contract.

Severability

If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

Other provisions

These agreement and terms are not boilerplate. If you disagree with them, believe that any should not apply to you, or wish to negotiate these terms, please contact Etna Development OÜ and immediately stop using software and service. Do not use software and service until you agreed upon this agreement and terms of use.

In case of account suspension/closure arising from fraud investigations, AML investigations and cooperation with law enforcement authorities contact [email protected].