TERMS OF SERVICE FOR INDIVIDUALS

TERMS OF SERVICE FOR INDIVIDUALS Version 4.6.4 Effective from 01.01.2025

This agreement is concluded between you, as the Client (these terms may be used interchangeably), and one or more companies depending on the services provided to you: Fina Innovate s.r.o., a company registered and operating under the laws of the Czech Republic with company number Fina Innovate s.r.o. License ID 22380671 (https://or.justice.cz/ias/ui/rejstrik-firma.vysledky?subjektId=1260798&typ=UPLNY) Czech Republic, Vikova 532/8, 130 00, Prague 3, is registered with the Ministry of Justice as a financial institution that provides its clients with access to virtual assets. Fina Innovate provides the following services: virtual asset wallet services, virtual asset to fiat money exchange services, and other applicable virtual asset services under license 22380671.

1. PRELIMINARY PROVISIONS

(a) Fina Innovate s.r.o. is not authorized to provide and does not provide any electronic money services, electronic money account services, fiat currency storage services, fiat to virtual currency exchange and virtual to fiat currency exchange services, or other settlement services in fiat or virtual currency to residents of the United States of America. (b) Access to electronic money services is not automatic and is granted solely at the discretion of Fina Innovate s.r.o. (c) Due to sanctions imposed by the US, EU, UK, and other countries, Fina Innovate s.r.o. does not provide services to legal entities and individuals subject to sanctions. The Client understands and agrees that Fina Innovate s.r.o. may request additional documents to complete the relevant procedures. (e) Fina Innovate s.r.o. makes no representations as to the advisability of engaging in cryptocurrency transactions or buying and selling securities. (f) Until your cumulative transaction balance from the date of your first transaction with Fina Innovate s.r.o. exceeds EUR 700, you will be considered a person making a one-off transaction. If you are identified as a resident of the EU/EEA, your transactions will be processed without any value limits. In all other cases, your transactions will be processed by Moneymaple. (h) By agreeing to and accepting the Terms, you irrevocably agree to the fulfillment of your cryptocurrency purchase order upon receipt of payment. The order will be fulfilled at the price available to Mercuryo at the time of fulfillment, which may result in a loss for you. In such a case, you are not entitled to withdraw your order. 

1.2. Subject of the Terms: These Terms set out the main conditions of the relationship between the Client and the Company when the Client registers in the System, opens a Wallet, and uses other services provided by the Company. In addition, these Terms and the relationship between the Company and the Client related to the provision of the Services are governed by legal acts, Appendices to the Terms, rules and principles of prudence and fairness applicable to the Client. 

1.3. In these Terms, a provision or chapter marked with an asterisk () applies only to services provided by Fina Innovate s.r.o.. 

1.4. The Client must carefully read these Terms before deciding to register in the System, open a Wallet, and use other Services provided by the Company. 

1.5. The Company may change these Terms by notifying such changes, for example, by sending a notification to the Client’s email address registered in the System, by sending a notification through the System, or by updating the «Last Updated» date at the top of these Terms. By clicking the «I agree to the Terms of Service» button or checkbox presented with the amended Terms, or by continuing to access or use the Services, you confirm your acceptance of the amended Terms. If you do not agree to any changes to these Terms, you must stop using the Services. The Company recommends that you review the Terms frequently, at least monthly, to ensure you understand the terms and conditions that apply to your access and use of the Services. If you have any questions regarding the use of the Site or the Services, please contact our Support Service by sending a support request to support@finainnovate.com. If you have any questions about the use of electronic money services, please contact our support service by sending a request to support@finainnovate.com. 

1.6. The payment methods offered under the Services provided by Fina Innovate s.r.o. must be consistently prepaid by you and will not be subject to any advance, credit, or discount. 

1.7. By accepting the Terms, the Client acknowledges that the Account at Fina Innovate s.r.o. and the Electronic money stored in the Wallet are not subject to the Financial Services Compensation Scheme. There are no other compensation schemes to cover losses claimed in connection with the Account. However, Fina Innovate s.r.o. guarantees that upon receipt of funds from the Client (Payer), they will be held on a segregated account and will be safeguarded in accordance with the requirements until they are transferred from the Account or redeemed to the Client. In the event of our insolvency, Clients’ funds will be protected from any claims of creditors of Fina Innovate s.r.o. as they are held in a protected account. 

1.8. Depending on the Services used by the Client, additional terms and corresponding appendices may apply and be concluded by the Parties. 

1.9. The names of the sections and articles of the Terms are for the convenience of the Parties only and cannot be used to interpret the provisions of these Terms. 

1.10. References to the Site specified in the Terms and Appendices governing the provision of individual services are an integral part of these Terms and apply to the Client from the start of using the Service. 

1.11. If any provision of the Terms is found to be invalid, the other provisions of these Terms will not cease to be effective. 

1.12. You will be considered a Client of Fina Innovate s.r.o. if the following conditions are met: (i) You have accepted the Terms, and (ii) You have registered in the System, and (iii) The Account has been opened in the Client’s name. 

1.13. Since all the provisions specified in subparagraph 1.12 above have been fully complied with, the Parties are deemed to have established a mutually binding business relationship (hereinafter also referred to as «Business Relationship»). 

1.14. DEFINITIONS OF KEY TERMS USED IN THE TERMS: Company or Fina Innovate s.r.o. or We or Us or our Fina Innovate s.r.o., a company registered and operating under the laws of the Czech Republic with company number Fina Innovate s.r.o. License ID 22380671 (https://or.justice.cz/ias/ui/rejstrik-firma.vysledky?subjektId=1260798&typ=UPLNY) Czech Republic, Vikova 532/8, 130 00, Prague 3, is registered with the Ministry of Justice as a financial institution that provides its clients with access to virtual assets. Fina Innovate provides the following services: virtual asset wallet services, virtual asset to fiat money exchange services, and other applicable virtual asset services under license 22380671.

Business Relationship A legally binding relationship established between the Company and the Client, provided the Services are used within the scope of the Terms. A Business Relationship is considered to be established if and after the Client registers in the System and passes Verification, and also reads and agrees to the Terms and our Privacy Policy by clicking the «I agree to the Terms of Service» button in the System. A corresponding notification about the start of the Business Relationship will appear in the System if all registration and verification provisions have been properly fulfilled. The Account and Wallet can only be opened and the Services can only be provided after the Parties have entered into a Business Relationship as defined above. The Business Relationship is considered terminated if the Parties have terminated the Terms and the Services are no longer provided.

Recipient A private individual who has specified the beneficiaries of crypto or fiat transfers.

Recipient* Means a natural or legal person specified in the Order as the recipient of funds for a Payment Transaction.

Pricing Prices for the Company’s services and operations. Information on prices for electronic money services is available at finainnovate.com. The Company may charge the Client a minimum fee for the purchase of virtual currencies in exchange for fiat. The Company’s minimum fee for the purchase of virtual currencies in exchange for fiat may differ from the Company’s fees listed above. All fees charged by the Company will be disclosed to the Client before the transaction is made.

Percentage Fees Refers to an amount equal to the percentage of the payment amount charged for an incoming/outgoing payment.

Client or you Means a legal or natural person in whose name an Account is opened in the Fina Innovate s.r.o. System.

Client Identification Refers to the «Know Your Customer» (KYC) and «Due Diligence» (DD) measures applied by Fina Innovate s.r.o. for the purpose of preventing money laundering and terrorist financing, taking into account the mandatory mandatory requirements of applicable anti-money laundering and terrorist financing (AML/CTF) legal acts and provisions.

Client Representative Refers to a person duly authorized by the Client to represent the Client in business relationships with Fina Innovate s.r.o. and to carry out Payment Transactions on behalf of and in the interests of the Client, acting on the basis of a power of attorney or other legal basis.

Client Identification Verification of the Client’s identity in the manner provided for in the Terms of the System and the Company’s Policy.

Verified Means that the Client has completed the Client Identification process.

Client Identification Means the «Know Your Customer» (KYC) and «Due Diligence» (DD) measures applied by Fina Innovate s.r.o. for the purpose of preventing money laundering and terrorist financing, taking into account the mandatory mandatory requirements of applicable anti-money laundering and terrorist financing (AML/CTF) legal acts and provisions.

Commission A fee for a Payment Transaction and/or related services charged by the Company.

Fina Innovate s.r.o. Account or account The Account is opened in the System in the Client’s name after successful Client verification, establishment of a business relationship, and registration of the Client in the System.

Fina Innovate s.r.o. Wallet or wallet Depending on the context, a virtual currency wallet — Bitcoin, Ethereum, Litecoin, Dash, Bitcoin Cash, and other digital assets — an address or account owned or managed by the Client, which is supported and managed by Fina Innovate s.r.o., or an electronic money wallet — a wallet owned or managed by the Client, where the Client’s electronic money is stored.

External Account Means any account or wallet owned by a third-party service provider of the Client, to/from which the Client uploads fiat or virtual currency to/from the Fina Innovate s.r.o. Wallet Account.

Addendum An agreement between the Company and the Client on the provision and use of individual services provided by the Company. An addendum may be designated as an agreement, rules, declaration, plan, or otherwise. The Addendum is an integral part of these Terms.

System A software solution on the Company’s web pages (finainnovate.com) used to provide the Services.

Consent The Client’s consent to carry out a Payment Transaction.

Password (Passwords) Any Client code created in the System, or a code provided to the Client by the Company to access the Client’s Personal Account and Account or to initiate and manage individual services provided by the Company, and/or to initiate, authorize, execute, confirm, and accept Payment Transactions.

Company or Client, both are Parties.

Client’s Contact Details Means: email address, mobile phone number, or other identifier. The Company has the right to notify the Client about registration in the Client’s Personal Account, to send notifications provided for in these Terms.

Application Means the form posted on the Fina Innovate s.r.o. Site for registration in the System and opening an Account, which must be completed by the Client or their representative.

Working Day* Means any calendar day, except for Saturday, Sunday, and public holidays in the United Kingdom, on which payment infrastructures and banks are open for operations in the United Kingdom, or any other day determined by Us and duly notified to the Client.

Working Hours Means the time from 9:00 to 17:00 Western European Time (UTC) on each working day when Fina Innovate s.r.o. provides Services to Clients, processes Orders, and executes Payment Transactions.

Funds Means virtual and/or fiat currency and/or electronic money and/or digital assets, depending on the context.

Fees* Means the fees charged to the Client for the Services provided by Fina Innovate s.r.o. The fees are available on the Site.

General Website Terms Mean the general terms of use of the Site, including access to the site and the use of cookies. The specified terms are available on the Site.

Order* Means an instruction given by the Client to Fina Innovate s.r.o. through the System for the purpose of carrying out a Payment Transaction. An Order cannot be revoked by you after the date on which it is considered irrevocable, as specified in these Terms.

Payer* Means a natural or legal person making a payment to the Client or a Client of Fina Innovate s.r.o. who has placed an Order.

Proof of Address Refers to documents confirming the place of residence. The following documents can be provided for proof of address: Internet bills (not mobile Internet) / cable TV / landline phone (not mobile Internet), a bill from a gas / electricity / water company, a bank statement / certificate, tax returns, a municipal tax bill, government-issued residency certificates. The submitted documents must not be older than three months from the date of application and must contain the name and current address of the Client or the ultimate beneficial owner, as applicable.

Payment Transaction Means the transfer of a payment (funds) initiated by the Payer, on behalf of the Payer, or by the Recipient.

One-off transaction A one-off transaction is any transaction that is not carried out within the framework of a business relationship.

Personal Data Means any information that relates to an identified or identifiable living person, as well as various pieces of information which, when collected together, can lead to the identification of a particular person. The principles of processing personal data are defined in the Fina Innovate s.r.o. Privacy Policy.

Privacy Policy Means the internal privacy procedures of Fina Innovate s.r.o. governing the processing of personal data, including further transfer and storage, established on the basis of the Data Protection Act 2017. The Privacy Policy is available on the Site.

Profile The Client’s Personal Account in the System, where the Client can manage Account(s), carry out Payment Transactions, and use other Services provided by Fina Innovate s.r.o..

Unauthorized Payment Transaction Means any transaction that the Client did not carry out and that the Client did not authorize anyone else to carry out.

Services Means the issuance and redemption of Electronic Money, virtual asset (currency) wallet services, fiat to virtual currency exchange services and virtual to fiat currency exchange services, other applicable virtual currency exchange services, and other payment services provided by Fina Innovate s.r.o..

Strong Customer Authentication Means a verification method based on at least two elements, classified in Directive (EU) 2015/2366 of the European Parliament and of the Council on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (25 November 2015).

Site Means the website operated by Fina Innovate s.r.o., including https://finainnovate.com, as well as all other websites operated by Fina Innovate s.r.o. (but not including the Services).

EEA country Means any of the member states of the European Union, Iceland, Liechtenstein, and Norway.

Recurring transactions Means regular purchases that are automatically initiated at certain intervals. These intervals can be daily, weekly, bi-weekly, or monthly.

2. REGISTRATION IN THE SYSTEM AND CREATION OF A Fina Innovate s.r.o. ACCOUNT. OPENING AN ACCOUNT

2.1. A Client who wishes to start using the Services must register in the System. 

2.2. When registering in the System, a Fina Innovate s.r.o. Account is created for the Client. The Fina Innovate s.r.o. Account is personal and only its owner — the Client — has the right to use it (log in). 

2.3. The Fina Innovate s.r.o. Account allows Clients to store electronic money, and send and receive electronic payments. The Client can check the Account balance and transaction history, including applied fees and commissions, for free through their Personal Account in the System. The Client is advised to pay special attention to the list of completed transactions.*

 2.4. A Client may have only one Personal Account. If the Company has suspicions that the Client has intentionally registered several Personal Accounts for anonymity purposes, the Company may close the Client’s accounts and/or terminate the Business Relationship with the Client without prior warning. 

2.5. Anonymous accounts are not allowed. An Account is opened if the Client is fully identified, the Client’s identity is verified, and they meet the cooperation requirements set out in the Fina Innovate s.r.o. AML/CTF procedures. The AML/CTF procedures vary depending on the services provided to the Client. 

2.6. By accepting the Terms, the Client guarantees that: (a) He/she is not a US resident; (b) He/she has not previously been convicted of money laundering, financing and supporting terrorism, or other crimes; (c) He/she is not and has never been subject to any local or international financial sanctions; or (d) He/she is not in a state of bankruptcy, reorganization, debt collection, or other claims from third parties and/or government bodies.

 2.7. In case of any change in any fact described in clause 2.6, the Client undertakes to immediately notify the Company.

 2.8. If the Client acts and holds an Account on behalf of a third party, he/she must notify Fina Innovate s.r.o. without undue delay and provide all documents and data that may be necessary to identify the person on whose behalf the Account is opened and Payment Transactions are carried out (ultimate beneficial owner — UBO). We reserve the right to terminate the Business Relationship and close any and all Accounts if we find that the UBO has not been declared to Fina Innovate s.r.o. or in cases where, in accordance with applicable AML/CTF rules, it is not possible to identify the UBO, their source of wealth or funds properly.* 

2.9. It is possible to open several accounts in cryptocurrencies determined by Fina Innovate s.r.o..* 

2.10. When opening an Account for a Client who is a natural person, Fina Innovate s.r.o. expects and believes that no commercial activity will be carried out through the Account, otherwise the Account will be treated as a corporate account and the terms and conditions for corporate Clients will apply, and Fina Innovate s.r.o. reserves the right to terminate such activity on the Account.* 

2.11. The Account may be subject to limits set by Fina Innovate s.r.o. and depending on the type of AML/CTF risk of the Client, assessed by Fina Innovate s.r.o. in accordance with the mandatory mandatory AML/CTF legal requirements. The limits may be reviewed by Fina Innovate s.r.o. from time to time.* 

2.12. The Account is opened for an indefinite period, except in cases of early termination in accordance with the provisions set out in these Terms. 

2.13. The Fina Innovate s.r.o. Account allows Clients to deposit funds into the Account for Payment Transactions (local and international money transfers, receiving funds into the Account, paying for goods and services, and other Payment Transactions).* 

2.14. The nominal value of the Electronic Money coincided with the nominal value of the funds credited or transferred to the Account.* 

2.15. All funds stored at Fina Innovate s.r.o. are considered electronic money. Upon receipt of funds, we credit them to the Account, simultaneously issuing electronic money at par value. Electronic money is credited and stored in the Wallet.* 

2.16. To register in the System and use the Company’s Services, the Client must be at least 18 (eighteen) years old. 

2.17. The Company does not provide Services to: (i) Countries subject to financial sanctions in accordance with FATF recommendations; (ii) A Client who is a resident of any country where we do not provide the Company’s Service. The list of unsupported countries may be changed by the Company from time to time without prior notice; (iii) Clients who have previously been suspended from using the Services or deprived of the opportunity to use them; (iv) Clients who have all the authority and rights to enter into these Terms, and this will not violate any other agreements to which the Client is a party. (v) Clients who will not use the Company’s Services if any applicable laws in the Client’s country prohibit it in accordance with these Terms. 

2.18. Under the circumstances and procedures set out in the Terms or in the System, the Client must undergo Client identification to begin or continue the provision of the Services. To open an Account, the Company requires: an email address, a phone number, a passport or ID card, and proof of address. If the Client’s turnover on the Fina Innovate s.r.o. Account exceeds EUR 15,000.00, the Company may ask for video identification and/or additional documents upon request. 

2.19. The Company reserves the right to request documents from the Client for extended KYC procedures at any time. 

2.20. The Client confirms that when registering in the System, they provided correct information about themselves and that in the future, when changing or supplementing their data, they will only provide correct data. The Client bears all losses arising from providing incorrect data. 

2.21. The Company has the right to request data and/or documents that will help the Company identify the Client. The specific data and/or documents to be provided must be specified in the notification to the Client about the need to carry out the identification procedure.

 2.22. When carrying out Client identification, the Company has the right to require the Client to provide original documents and/or copies thereof and/or copies of documents certified by a notary or another person authorized by the state.

 2.23. The Company has the right to request additional information and/or documents from the Client regarding the Client or the operations carried out by him/her, and also to ask the Client to fill out and periodically (at least every six months) update the Client’s questionnaire. The Company has the right to demand that the submitted copies of documents be notarized and translated into English. All documents and information are prepared and provided at the Client’s expense. If the Client does not provide additional information and/or documents within a reasonable period specified by the Company, the Company has the right to suspend the provision of all or part of the Services provided to the Client. 

2.24. The Client receives a notification of Account confirmation to the email address specified during registration in the System. This email address should be considered the Client’s registered email address and all further communication with the Client will be carried out through it. In case the Client communicates with the Company using a different email address, the Company reserves the right to consider such communication invalid until the new email address is properly communicated to the Company and registered in the System. 

2.25. Electronic money stored in the wallet does not have an expiration date and does not generate any interest.* 

2.26. A payment institution or another electronic money transfer system may charge a fee for transferring funds from the Account to an External Account, as well as for transferring funds from such an account to the Fina Innovate s.r.o. Account.* 

2.27. Without prejudice to other provisions set out herein, Fina Innovate s.r.o. reserves the right to immediately suspend or withdraw the Client’s access to the System and Account(s), including the execution of Payment Transactions, if we have reasonable grounds to believe that there may be a security breach of your Account(s)/Wallet, we suspect unauthorized or fraudulent use of your Account(s)/Wallet(s), or we are required to do so by law. If we decide to take such action, Fina Innovate s.r.o. will notify the Client in advance, except when this is not possible, in which case we will notify you at the earliest opportunity. We will not notify you if it would compromise our reasonable security measures or is otherwise illegal. If the reasons for such actions by Fina Innovate s.r.o. cease to exist, we will restore the Account(s)/Wallet(s) or issue you new Account/Wallet details without undue delay. 

2.28. In the event of termination of the Terms by the Client or termination of the provision of the Services to the Client by the Company, the funds in the Client’s Account are transferred to the Client’s External Account specified by the Client. The Company has the right to deduct from such a returned amount the amounts belonging to the Company. Electronic money or virtual currency is transferred to an external third-party wallet specified by the Client. In the event of a dispute between the Company and the Client, the Company has the right to withhold the disputed funds until the dispute is resolved. In the absence of a dispute, the Company will make a refund within two months.

4. OPERATION OF ACCOUNT(S)*

4.1. Payment Transactions from the Account can be executed: (i) to another account in the System; (ii) to a member state of the European Union or a state party to the European Economic Area agreement or an equivalent third country that establishes equivalent requirements for money laundering and terrorist financing; (iii) to accounts in other electronic payment systems/financial institutions (including banks).

 4.2. When the execution of a Payment Transaction requires currency exchange, Fina Innovate s.r.o. may apply exchange rates determined by Fina Innovate s.r.o. and valid at the time of the Payment Transaction. However, in cases where a third party, Mercuryo, is required to execute a Payment Transaction, we are not responsible for the conversion. 

4.3. Purchase of Electronic Money: 4.3.1. You can purchase electronic money through a payment transfer or other methods acceptable to Mercuryo, in one or more payments. 

4.3.2. To carry out an Electronic Money purchase transaction, you must place a corresponding Order through the System. By placing an Order, the Client gives consent to the execution of the Payment Transaction. 

4.3.3. We reserve the right to reject any Order at our sole discretion and without giving rise to a right to compensation. Our refusal must be objectively justified. 

4.3.4. At your request, the Electronic Money stored in the Wallet may be redeemed at par value at any time, except when restrictions apply. No special conditions for the redemption of Electronic Money that would differ from the standard conditions for Payment Transactions carried out on the Account apply. The amount of Electronic Money to be redeemed or transferred is chosen by the Client. You should submit an Order through the System to transfer Electronic Money from to any other account or wallet you specify, on the condition that we can perform such a transfer to such a payment institution. However, Mercuryo reserves the right to apply restrictions on the redemption of Electronic Money. 

4.3.5. The registration of electronic money in the Client’s name is allowed provided that we have actually received the funds less any fees and charges payable to Mercuryo in accordance with the Tariffs. 

4.4. Functioning of the Account: 4.4.1. Electronic money is stored in the Wallet indefinitely on the terms agreed upon in this Agreement or in any addendum to it. 

4.4.2. Purchased electronic money is credited to the Wallet upon receipt of funds. The credited amount is equal to the amount of these funds less the fees and charges specified in the Tariffs. 

4.4.3. After placing an Order, the Electronic Money corresponding to the amount of the Payment Transaction or the redemption of Electronic Money is debited from the Wallet, and the corresponding fees and charges specified in the Tariffs are also debited. 

4.4.4. We have the right to redeem the amount of available Electronic Money at any time, equal to the fees and payments due and payable, as specified in the Tariffs. 

4.4.5. The amount of Electronic Money available in the Wallet is automatically adjusted based on Orders transferred to Mercuryo (or in the process of being transferred), issued Electronic Money, any fees and charges due and payable, and any cancellation of one of the above-mentioned transactions in accordance with this Agreement. 

4.5. Use of Electronic Money for Payment Transactions: 4.5.1. Before transferring an Order, we must ensure that there is a sufficient amount of Electronic Money to cover the amount of the Payment Transaction and the related fees and charges agreed upon in the Tariffs. 

4.5.2. If necessary, we must obtain a sufficient amount of Electronic Money before the Order can be legally transferred for execution. Electronic Money can be issued and stored by us on the condition that the corresponding funds are duly received. Electronic Money cannot be issued on the basis of credit granted to the Client in any way. 

4.5.3. Thus, if the amount of available Electronic Money on the date of execution of the Order is less than the amount of the Payment Transaction (including fees), the Order is automatically rejected. Information about this rejection is provided to the Client in the System. Such a rejection may entail additional fees in accordance with the Tariffs.

 4.5.4. The conditions for transferring the Order are as follows: (i) When carrying out a Payment Transaction, the Client must fill out an Order in the System and, if necessary, provide supporting documents requested by Mercuryo; (ii) The Order must include the following components: (a) the amount of the payment transaction; (b) the currency, which can only be the currency of the electronic money; (c) the data necessary to identify the Recipient; (d) the date of execution of the Order; and (e) any other necessary information. (iii) You need to send the Order by clicking on the verification tab in the System. When the verification tab is clicked, the Order becomes irrevocable. 

4.5.5. Electronic money is debited from the Wallet and credited to the Recipient’s account in accordance with the Client’s instructions. 

4.5.6. If necessary, the funds corresponding to the electronic money transferred to the Recipient can be directly returned to the account opened at Mercuryo or to an external account. If an account is not opened at Mercuryo, the Recipient must provide the IBAN and SWIFT code of their payment institution, as well as full payment details. The external account must be opened by a bank or other payment institution based in a member state of the European Union or a state party to the European Economic Area agreement.

4.5.7. The Parties have agreed that an Order will be executed no later than the next Working Day after the date of its receipt. If the date of receipt is not a Working Day, we will consider the Order received on the next Working Day. 4.5.8. Orders for transactions within the System are executed immediately, unless the transaction’s execution is suspended due to the provisions established by these Rules

5. ORDER*

5.1. Without prejudice to other provisions set forth in the Terms, the instruction for a Payment Transaction is formed according to the instructions given in the System and valid at the time of transfer. In cases where the Client is the Recipient, the Client is obliged to provide the Payer with detailed and accurate information so that the instruction always complies with the instructions in the System and is valid at the time of transfer. 

5.2. If the Payer submits an incorrect instruction or specifies incorrect payment details, but the instruction has not yet been executed, the Payer can send a request to Mercuryo to correct the instruction. The request is sent through the System. In this case, a fee may be charged for correcting the instruction. 

5.3. If Mercuryo independently establishes clear inconsistencies in the payment details contained in a submitted Order, Mercuryo reserves the right to refuse to execute such an Order. 

5.4. Mercuryo reserves the right to execute an Order only on the basis of an account number or IBAN. We may, but are not obligated to, verify whether the account number or IBAN matches the name of the Recipient. An Order is considered properly executed if it was executed to the specified account number or IBAN. 

5.5. If we receive funds but cannot credit them to the Recipient’s account (e.g., the account is closed, the specified IBAN does not exist, etc.), we will return the transaction amount to the Payer (sender). Fees and charges for returning the Order may apply.

 5.6. If we cannot credit funds to the Recipient due to errors made by the Payer in the Order, the Order may be canceled and the funds returned to the Payer. 

5.7. If the funds have already been credited to the Recipient, the Order can only be canceled and the funds returned to the Payer upon a written request from the Payer and with the Recipient’s consent to return the funds to the Payer (if the Recipient can be identified). In this case, fees for canceling the Order may apply. 

5.8. If the Client notices that funds have been credited to or debited from the Account by mistake or in other ways without a legal basis, the Client is obliged to notify us as soon as possible. In such cases, the Client is considered to have given irrevocable consent to such a debit, and we have the right to debit the funds from the Account without an instruction. If the amount of funds to be debited from the Account is insufficient, the Client unconditionally undertakes to top up the Account with the insufficient amount without undue delay upon Mercuryo’s first request. 

5.9. If you notify us that we have executed an Order incorrectly, we will refund the amount of the incorrectly executed Payment Transaction, and the Account will be restored to its previous state before the Order was received without undue delay. The Order will then be resent correctly. 

5.10. If funds transferred from the Account for a submitted Order are returned for reasons beyond our control, the returned amount will be credited to the Account. Fees paid by the Payer for the execution of the Order are not returned, and other fees associated with the return of funds may be debited from the Account. 

5.11. Submitted Orders must be clear and unambiguous, executable, and contain a clearly expressed will of the Client. We are not responsible for errors, inaccuracies, repetitions, and/or contradictions in the submitted Orders, including, but not limited to, the correctness of the details of the Order provided by the Client. If a submitted Order does not contain sufficient data or contains deficiencies, we may refuse to execute such an Order, or we may execute it in accordance with the data specified in the Order. 

5.12. In the event that Mercuryo refuses to execute an Order, we will immediately notify the Client or create the necessary conditions for the Client to familiarize themselves with such a notification, except in cases where such a notification is technically impossible or prohibited by applicable legal acts. 

5.13. Under no circumstances will we execute an instruction if the funds in the Account are seized or the Client’s rights to dispose of the funds are otherwise legally restricted, suspended, or impaired. 

5.14. An Order cannot be revoked by the Client after it has been sent through the System and after the date on which it is considered irrevocable, as specified in clause 5 of this Agreement.

 5.15. We reserve the right to record and store submitted instructions, and also to record and store information about all Payment Transactions carried out by Clients or in accordance with Clients’ instructions, for a period of at least 5 (five) years, which may be extended at the direct request of a direct supervisory authority. The records specified in this clause may be provided to the Client and/or third parties who have the right to receive such data on the basis established by applicable legal acts, as evidence confirming the submission of instructions and/or the execution of Payment Transactions. 

5.16. We reserve the right to request documents confirming the legality of the origin of the funds associated with the Order. If the Client fails to provide such documents, we have the right to refuse to execute the Order. 

5.17. In this regard, the Client guarantees to Mercuryo that: (i) the funds received into the Account are of a legal nature and were not obtained as a result of criminal activity; (ii) the services we provide will not be used for any illegal purposes, including actions and transactions for the purpose of legalizing funds obtained through criminal activity or other illegal activities. 

5.18. The Client bears sole responsibility for the guarantees provided under this Agreement, and Mercuryo is not responsible for any losses that may arise for the Client or any third party involved in the transaction if the Client’s guarantees turn out to be incorrect and false.

6. USE OF THE MERCURYO ACCOUNT

6.1. The Client can manage their Mercuryo account online by logging into their account using their username and password. The Client must create a strong password that will not be used for any other website or online service. 

6.2. If the Client provides incorrect Recipient data, the Company is considered to have fulfilled its obligations properly and does not refund the transferred amount to the Client. 

6.3. If virtual and/or fiat currency is credited to the Mercuryo Account/Wallet by mistake or otherwise without legal grounds, the Client guarantees the return of the funds from the Client’s Mercuryo Account/Wallet. The Client unconditionally undertakes to return the mistakenly credited currency to the Company within 3 (three) Working Days from the date of receiving a request from the Company. If the Client notices that virtual and/or fiat currency that does not belong to them has been transferred to their Mercuryo Account/Wallet, they must immediately inform the Company. The Client does not have the right to dispose of mistakenly credited funds that do not belong to them. 

6.4. The Client confirms that: The incoming virtual and/or fiat currency transferred to their Mercuryo account is not a result of illegal activity;

The Client will not use the Services provided by the Company for any unlawful purposes, including that the Client undertakes not to perform any actions or transactions for the purpose of legalizing funds obtained through criminal or unlawful means. 

6.5. Confirmations, orders, requests, notifications, and other actions of the Client carried out on third-party websites or in other places by logging into their Mercuryo Account and identifying themselves in this way are considered as the conclusion of a transaction confirmed by the Client. 

6.6. Managing the Mercuryo account online: (i) to perform a Payment Transaction online, the Client must fill out an Order in the System and send it for execution, confirming their consent to the execution of the Order electronically in the System; (ii) placing an Order in the System is the Client’s consent to the execution of a Payment Transaction and cannot be canceled. 6.7. If the Client reaches a certain limit on the Mercuryo Account (the Company may determine the limit at its discretion), the Client must perform the steps that the Company will notify the Client about. 

6.8. If the Client has insufficient funds in the Mercuryo Account to execute an Order through the System, the Company cancels the entire Order. 

6.9. You have access to Recurring Transactions through the Profile and the System. By confirming Recurring Transactions in the System, you authorize such transactions. Your Recurring Transactions will occur in identical periodic installments based on your chosen interval (e.g., daily, weekly, bi-weekly, or monthly) until you cancel the Recurring Transactions in the Profile or by another available method in the System. 

6.10. By choosing a bank account as the payment method for Recurring Transactions, you agree that if such transactions fall on days when they cannot be processed due to various conditions, such as weekends or issuing bank failures (including but not limited to), the transaction will be processed on the next Working Day. 

6.11. To manage Recurring Transactions, go to the «My Recurring Orders» section in the Profile, where you can view all active recurring transactions. In this section, you can also modify, suspend, or delete recurring transactions. 

6.12. Mercuryo is not responsible for any losses incurred by you as a result of Recurring Transactions, including but not limited to failed transactions. We are also not responsible for any delays in processing Recurring Transactions. You are solely responsible for ensuring sufficient credit limits to avoid overdrafts, insufficient funds, or similar fees charged by your bank. Mercuryo reserves the right to terminate Recurring Transactions at any time by sending you a corresponding notification.

7. DISPUTE ON A TRANSACTION

7.1. A Payment Transaction is considered authorized only after the Client has provided their Consent. Consent can be confirmed with a Password or a descriptor, and/or other identity verification tools. Consent confirmed by any of the methods described in this clause is considered to be properly confirmed by the Client, has the same legal force as a paper document signed by the Client (Consent), and can be used as evidence in the resolution of disputes between the Company and the Client in courts and other institutions. The Client does not have the right to challenge a Payment Transaction performed by the Company if the Order was confirmed with Consent provided in the manner specified in this clause. 

7.2. The Client agrees that, when executing a Payment Transaction, the Company transfers the Client’s Personal Data in the Company’s possession to persons directly related to the execution of such a Payment Transaction—international payment card organizations and other banking/non-banking payment and financial institutions that have the right to provide the relevant payment services and are involved in the execution of the Service. 

7.3. For claims concerning Payment Transactions or Electronic Money redemptions performed by Us in accordance with this Agreement, the Client is recommended to contact support at support@monetley.com as soon as possible after they become aware of the anomaly, and within 13 (thirteen) months from the date of the Payment Transaction’s Account registration.* 

7.4. After verifying the legality of the request specified in clause 7.1 above, Mercuryo will immediately arrange for the refund of the amount of the unauthorized Payment Transaction and restore the Account to the amount it would have been at if the disputed transaction had never been performed, including any interest and fees.* 

7.5. You may dispute an authorized Payment Transaction for which the exact amount is not determined or the final amount is not what the Client could have reasonably expected, taking into account your profile, previous expenses, and the conditions set out herein. This request must be sent to Mercuryo within 8 (eight) weeks from the execution of the Order. We will refund the amount to the Client within 10 (ten) working days after receiving the request if the latter is justified, taking into account applicable laws, and the request consists of all the components necessary for our review. We reserve the right to refuse such a refund, which will be explained and notified to you. The latter will provide the necessary information to determine the circumstances of the Payment Transaction. We reserve the right not to refund fees arising from the relevant Payment Transactions. Fees specified in the Tariff Plan may be charged in the event of an unjustified dispute over a Payment Transaction.*

 


 

8. CLIENT’S OBLIGATIONS

8.1. When using Mercuryo’s Services, the Client undertakes to: 

(i) comply with the Terms and any addendums thereto, applicable legal requirements, including, but not limited to, AML/CTF requirements; 

(ii) not provide us with false, misleading, or incorrect information or refuse to provide information or perform other actions that we reasonably request; 

(iii) undergo all legal procedures carried out by Mercuryo for the purpose of identifying and verifying the Client, as well as for KYC purposes, and provide all data and information required by us that are necessary for establishing a business relationship with the Client and for KYC purposes; 

(iv) respond to Mercuryo’s requests within 3 (three) working days, unless a different period is specified in our request or in these terms; 

(v) promptly inform us of any changes to previously provided information and data. In the event that the Client fails to do so, we will be released from any liability regarding the correct and accurate execution of Payment Transactions, and the Client will bear any losses, including with respect to any third party, that may arise from the provision of incorrect data. Mercuryo reserves the right to suspend the provision of Services until the Client updates the data and information; 

(vi) not use funds obtained illegally for the provision of our Services if the Client knows or should know about it; 

(vii) not use the Services in a way that entails losses, liability, or other negative legal or financial consequences, or damage to the business reputation of Mercuryo or third parties; 

(viii) not log into the System as an anonymous user (e.g., through proxy servers) or having more than one Profile; not register a Profile under a fictitious or someone else’s name without a power of attorney; not register using anonymous phone numbers or email addresses provided by other persons or websites; 

(ix) not use the Mercuryo account to provide services or goods prohibited by law or contrary to public order and moral principles; 

(x) not knowingly provide third parties with false, misleading, or incorrect information about us and our cooperation; 

(xi) comply with and respect the trademarks, copyrights, trade secrets, and other intellectual property rights of the Company and third parties. This clause does not apply to the Client to the extent that the Client, acting in good faith, did not know and could not have known about the existence of trademarks and copyrights, or that the information at their disposal constitutes a trade secret; 

(xii) not distribute computer viruses or take other actions that could lead to failures in the System’s operation, damage or destruction of information, or other damage to Mercuryo’s System, equipment, or information;

 (xiii) not disclose the login or password and other personalized security features to third parties and not allow other persons to use the Services on behalf of the Client; 

(xiv) indemnify us in full and hold us harmless from any direct costs and losses that may arise for us if the Client fails to fulfill (in whole or in part, including, but not limited to, inaction or misleading) their obligations under the Terms or such costs or losses arose due to the Client’s unlawful actions. 

8.2. The Client bears sole responsibility and undertakes to compensate for any losses incurred by Us, other Mercuryo Clients, and third parties in connection with the use of the Services and a violation of these Terms or any addendums thereto. 

8.3. The Client undertakes to compensate for all losses, fines, and other monetary sanctions applied to us in connection with non-compliance with or violation of the Terms due to the Client’s fault. 

8.4. In the case provided for in subparagraph (xii) of clause 8.1 above, the Client is obliged to inform Mercuryo that the login and password are in the possession of a third party, including loss or theft, or unauthorized or unlawful use of the data, as soon as the Client becomes aware of this fact, in order to request the blocking of the login. Such a statement must be made directly by email through the contact form available on the Site. 

8.5. Upon receipt of the notification specified in clause 8.4 above, Mercuryo will immediately block the Account(s). The event will be recorded and timestamped. The objection number with the timestamp will be communicated to the Client. Written confirmation that the Account has been blocked will be sent to you by email. Mercuryo is responsible for the file at the administrative level and stores all data for 12 (twelve) months. Upon a written request from the Client and before the expiration of such a deadline, Mercuryo will provide a copy of this objection. 

8.6. Mercuryo is not responsible for the consequences of any request to block your account(s) made by a person who is not the Client or the Client’s Representative. 

8.7. A request for an objection is considered filed on the day and hour of its actual receipt by Mercuryo. In the case of theft or fraudulent use of the login, Mercuryo has the right to request from the Client a receipt or a copy of the complaint, information about the circumstances that led to the alleged theft or fraudulent use, and undertakes to respond as soon as possible.

9. MERCURYO ACCOUNT FUNDS

9.1. To execute an Order, the Client must first upload Funds to the Mercuryo Account using one of the approved External Accounts specified through the Services. The Client may be required to confirm that they control the External Account used to upload Funds to the Mercuryo Account. The Client bears sole responsibility for using any External Account and agrees to comply with all terms and conditions applicable to any External Account. 

9.2. The timelines associated with the upload transaction will partly depend on the activities of third parties responsible for maintaining the relevant External Account, and Mercuryo makes no guarantees regarding the amount of time it may take to upload funds to the Mercuryo Account. 

9.3. The Company has the right to record and store any Orders submitted by any of the methods agreed with the Company, as well as to record and store information about all transactions carried out by the Client or in accordance with the Client’s Orders. The records specified in this clause may be provided by the Company to the Client and/or third parties who have the right to receive such data on grounds provided by law, as evidence confirming the submitted instruction and/or completed transactions. 

9.4. The Company has the right to refuse to execute a submitted Order if there are doubts that the Order was not submitted by the Client or that the documents submitted to the Company are forged. If the Company has reasonable doubts that the Order was not submitted by the Client or that the documents submitted to the Company are forged, or if there are doubts about the legality or content of the submitted Order, the Company has the right to require the Client to provide additional confirmation of the submitted Order and/or to provide the Company with documents confirming the right of persons to dispose of the Funds in the Account, or other documents specified by the Company, in a manner acceptable to the Company at their own expense. In the cases specified in this clause, the Company acts to protect the legitimate interests of the Client, the Company, and/or other persons, therefore the Company is not responsible for any losses that may arise from the refusal to execute the submitted Order. 

9.5. The Company has the right to refuse to accept virtual currencies credited to the Account or Wallet, and also to refuse to execute a submitted Order, if, based on a risk analysis based on a pre-established risk scale provided by the Company’s partners: 

9.5.1. virtual currencies are credited to the Account or Wallet from an address that has received a high-risk rating or

 9.5.2. the address for transferring virtual currencies specified in the Instruction receives a high-risk rating.

 9.6. The Company returns the blocked virtual currency manually after the Client provides the Company with documents and information about the virtual currency address that reduce the risk rating level to low. The Company will unblock the virtual currencies and transfer them to the account declared by the Client or to the account from which the blocked currencies originate, within the period specified by the Company at the Company’s discretion. In exceptional cases, if the Company does not have the technical ability to withdraw the blocked virtual currencies manually, a refund may be refused. 

9.7. The commissions paid by the Client for crediting virtual currencies to the Account, for transferring virtual currencies, the commissions paid by the Client for reviewing the documents and information provided by the Client for unblocking virtual currencies, as well as the commissions for transferring the unblocked virtual currencies are non-refundable. 

9.8. Before executing an instruction submitted by the Client, the Company has the right to require the Client to provide documents confirming the legality of the source of origin of the funds associated with the execution of the instruction. If the Client fails to provide such documents, the Company has the right to refuse to execute the Client’s instruction. 

9.9. The Company has the right to suspend and/or cancel the execution of an Order submitted by the Client if required by applicable legal acts or for other reasons beyond the Company’s control. 

9.10. In the event that the Company refuses to execute an instruction submitted by the Client, it will immediately inform the Client of this and send the Client a notification, except in cases where such a notification is technically impossible or prohibited by legal acts. 

9.11. The Company does not accept or execute Client Orders to perform operations on the Client’s Account if the Funds in the Account are seized, the Client’s right to dispose of the Funds is otherwise legally restricted, or if the operations performed by the Company are suspended in cases provided for by applicable legal acts.

 9.12. In the event of the return of Funds transferred under an Order for reasons beyond the Company’s control (incorrect payment Order data, closure of the Recipient’s account, etc.), the returned amount is credited to the Client’s Account. The commissions paid by the Client for the execution of the Order are not returned, and other commissions and costs associated with the return of funds and presented to the Company may be debited from the Client’s Account.

 9.13. The Client’s operations are monitored. The Client must provide the Company within 3 (three) Working Days from the date of receiving a corresponding request with all necessary information regarding the completed Payment Transaction, including, but not limited to, explanations, certificates, other documents and information on issues related to the Payment Transaction. If the requested information is not provided by the Client or is incomplete or false, the Company has the right to suspend the provision of all or part of the Services to the Client and/or terminate the Terms.

 9.14. The Company may check a Client’s withdrawal transaction to reduce any risks and/or prevent money laundering, and also to determine whether the transaction is related to any Prohibited Activity (specified in section 10). If the Company identifies a risk, we reserve the right to reject the Order. 

9.15. Please note that the fiat funds stored in the Mercuryo account are intended exclusively for the purchase of digital assets or withdrawal to a Client-approved external account. The proceeds from the sale of digital assets will be credited to your account after deducting any transaction or other fees. In addition, please note that Mercuryo does not pay interest on free fiat balances held in your account. 9.16. Only valid payment methods specified by Mercuryo may be used for the Services.

 9.17. All fiat and virtual currency exchanges through the Mercuryo Service are final. The Company does not accept any returns or provide refunds to the Client, unless otherwise provided by these Terms. 

9.18. The Company does not have the ability to convert any cryptocurrencies other than BTC, ETH, BAT, USDT, ALGO, TRX, OKB, BCH, DAI, TON, BNB, 1INCH, BUSD. If the Client transfers to the Mercuryo wallet a virtual currency that is not supported by the Services, the virtual currency will be blocked. The Company returns the blocked virtual currency manually, the return procedure may take up to 60 (sixty) calendar days. In exceptional cases, if the Company does not have the technical ability to withdraw the blocked virtual currency manually, a refund may be refused. 

9.19. The payment service provider for Mercuryo’s fiat settlements (deposits and withdrawals) with the Client is Monetley.

10. PROHIBITED ACTIVITIES

10.1. When using the Services, the Client is not allowed to: 

(i) fail to comply with the Terms, any of their appendices, current legislation, and other legal acts, including, but not limited to, legal acts on combating money laundering and terrorist financing; 

(ii) provide the Company with false, misleading, or incorrect information; 

(iii) refuse to provide information reasonably requested by the Company; 

(iv) transfer and/or receive funds obtained illegally; 

(v) refuse to cooperate with the Company in an investigation of violations and in establishing the Client’s identity; 

(vi) use the Account and other Services in a way that entails losses, liability, or other negative legal consequences for the Company or other third parties; 

(vii) take any other deliberate actions that may disrupt the provision of Services to the Client or third parties or disrupt the proper functioning of the System; 

(viii) provide services prohibited by law or contrary to public order and moral norms; 

(ix) disclose Passwords and other personalized security features of payment instruments to third parties and allow other persons to use the Services on behalf of the Client; 

(x) violate any law, statute, contract, or ordinance (including anti-money laundering); 

(xi) access the Services from a country where the Services are not provided by the Company; 

(xii) use an anonymous account. 

10.2. The Client undertakes to compensate for all direct losses, fines, and other monetary sanctions applied to the Company due to non-compliance or a violation by the Client, including, but not limited to, clause 10.1 of these Terms.

 


 

11. TERMINATION OF THE AGREEMENT. SUSPENSION OF A PAYMENT TRANSACTION

11.1. Mercuryo has the right to unilaterally terminate the Business Relationship with the Client and close the Account and Personal Account by providing the Client with 1 (one) month’s notice and instructions regarding the retention of Funds from the Account, with the exception of other provisions regarding the termination of the Business Relationship provided for in this Agreement. 

11.2. The Client has the right to terminate the business relationship with Mercuryo and close the Account by notifying Mercuryo 1 (one) month in advance. In any case, the Client’s Account can be closed on the required date only if the obligations to Mercuryo under these Terms or any addendum thereto have been fully fulfilled and there are no outstanding obligations of any nature on the date of closing the Account, and the balance of the Account/wallet is zero. 

11.3. Subject to the Client terminating the Business Relationship and submitting an application to close the Account(s) and delete the Personal Account from the System, or if we terminate the provision of Services to the Client and delete the Client’s Personal Account from the System in the cases provided for in these Terms, the Funds in the Account(s)/Funds in the Wallet are transferred to the Client’s External Account or a third-party wallet specified by the Client. We reserve the right to deduct from the returned Funds the fees for the Services provided and expenses that have not been paid by the Client, including, but not limited to, fines and losses incurred by Us in connection with the Client’s violation of these Terms, other payment/financial institutions, and/or government institutions. In the event of a dispute between the Parties, we reserve the right to withhold the disputed funds until the dispute is resolved. 

11.4. Mercuryo has the right at any time and immediately to suspend the Account(s) (fully or partially suspend Payment Transactions on the Account), suspend or refuse to provide Services (fully or partially), and withhold the Client’s Funds that are the subject of a dispute, if we have reasonable grounds to believe that: 

(i) the Client is violating any provisions and guarantees set forth herein, or any legal requirements applicable to the Client, and such a violation is not subject to rectification or has not been rectified within the deadlines determined by Mercuryo and communicated to the Client; 

(ii) if the Client has not completed the necessary identification procedures or has not provided the information required by Us, or the Client has provided information that does not comply with the requirements provided for by applicable legal acts, or Mercuryo has doubts about the truthfulness and authenticity of the submitted documents; 

(iii) it becomes known from a reliable source or Mercuryo has reason to believe that the Client is in any way involved in fraudulent activity, money laundering, terrorist financing, or other criminal activity; 

(iv) Mercuryo reasonably suspects that the Account was used or is being used without the Client’s permission or fraudulently; 

(v) it becomes known about the liquidation or bankruptcy of the Client; 

(vi) Mercuryo must suspend the Account’s activity due to the mandatory mandatory requirements of applicable law; 

(vii) the Client’s actions may or have the potential to damage Mercuryo’s reputation or damage the legitimate interests of third parties. 

11.5. In the event of the suspension of the Account(s) in accordance with the provisions of clause 11.4 of this Agreement, Mercuryo will inform the Client within the shortest reasonable time by sending a corresponding notification through the System and giving instructions on the withdrawal of Funds from the Account(s)/Wallets, except in cases where the provision of such information would weaken security measures or is prohibited by applicable law. 

11.6. In the event of reasonable suspicions that money laundering, terrorist financing, or other criminal activity is being carried out through the Client or the Client’s Account(s)/Wallet, Mercuryo has the right to partially or completely suspend the provision of Services to the Client, block the Funds in the Account(s) for a period of 30 (thirty) calendar days with the right to extend an unlimited number of times until the charges are fully lifted or confirmed, and send a Suspicious Activity Report (SAR) to the relevant coordinating center of the supervisory authority. 

11.7. If the Client has not made transactions (both debit and credit) for more than 6 (six) consecutive months, we consider the Account(s) to be inactive. In this regard, we have the right to terminate the Business Relationship, close the Account(s), and delete the Profile by notifying the Client 1 (one) month before termination, provided that the balance of the Account(s)/Wallet is Zero. 

11.8. In cases where there is a balance in the Account/Wallet at the time of closing, we will ask the Client to withdraw the Funds within 3 (three) months, during which the Account/Wallet will be available only for withdrawing the balance. After this period, any untimely retained Funds will be blocked by us, and the Client will be able to withdraw any remaining Funds only by contacting Mercuryo’s support service. We have the right to deduct fees and charges for untimely retained funds. 

11.9. After the termination of the business relationship with the Client, the Client must choose a method for redeeming their Electronic Money and virtual currency. The Client agrees to perform the actions necessary to redeem the Electronic Money and understands that in this way Mercuryo seeks to reduce the risk of fraud and aims to comply with anti-money laundering and other legal requirements. 

11.10. In the event that, after the termination of the Business Relationship with the Client, the Client does not choose a method for redeeming Electronic Money and/or does not pass an additional identification procedure to increase the limits, Mercuryo has the right (but is not obligated) to redeem the Client’s Electronic Money using the method of redeeming Electronic Money available at the time of redemption. 

11.11. Mercuryo is not responsible for losses incurred by the Client in connection with the suspension of the provision of Services, blocking of the Account(s), or other actions if the specified actions were performed in the manner provided for in these Terms or the appendices thereto, and under the circumstances and on the grounds specified in the said documents. 

11.12. Mercuryo is not responsible for any delays or interruptions in the execution of a Payment Transaction that occur due to the fault (also omission, technical errors, and interruptions) of such third parties. Mercuryo, within its capabilities, will take all reasonable steps to execute the Payment Transaction properly.

12. FEES AND CHARGES*

12.1. The Tariffs and any other fees applied by Mercuryo for the Services provided are listed in the Price List available on the Website. 

12.2. Mercuryo reserves the right to amend the Tariffs at its discretion, by providing prior information to Clients about it. The updated Tariffs will be available on the Website. The Client is also obliged to check the Website regularly, at least once a month, for any changes and news. 

12.3. The Tariffs for fees and commissions depend on the type of Services used by the Client. All deducted fees and commissions are displayed in the account statement, which is available for free in the Profile. 

12.4. The commissions applied by Mercuryo will be deducted from the balance of the Account(s), and the Client hereby authorizes us to do the same, except where the Terms or any addendum thereto provide for different conditions for deducting Commissions, in which case the special conditions will prevail. Fees for payment transactions will be charged upon the execution of the transaction. 

12.5. If the balance of the Account(s) is insufficient to cover the Commissions, We may refuse to perform the Payment Transaction until the balance of the Account(s) is sufficient to deduct the corresponding Commission. If the Client has multiple Accounts with Mercuryo, we reserve the right to deduct the Commission from any Client Account with a sufficient balance. 

12.6. Any and all payments due to Mercuryo must be paid in the currency specified in the Tariffs, unless the Parties have agreed otherwise. Mercuryo, if necessary, at its discretion, has the right to carry out currency exchange in the manner provided for in this Agreement. A Commission for currency exchange may be charged. 

12.7. The Client acknowledges that payment/financial institutions and other electronic payment systems, i.e., third parties, may apply additional fees in addition to the fees applied by Mercuryo. In this regard, we will not be held responsible for the fees applied by third parties. 

12.8. When making changes to the tariff plan, we will inform you as follows: (i) Individual Clients: amendments that increase existing tariffs or establish new tariffs—60 (sixty) calendar days’ notice, effective after 60 (sixty) calendar days; (ii) Corporate Clients: amendments that increase existing tariffs or establish new tariffs—30 (thirty) calendar days’ notice, effective after 30 (thirty) calendar days; (iii) amendments that reduce the effective fee or cancel any fee—without prior notice, effective immediately after approval by Mercuryo. 

12.9. In the case provided for in clause (i) of clause 12.8, the Client has the right to unilaterally terminate the Business Relationship, close the Account(s), and the Profile by notifying Mercuryo if previously effective changes to tariffs or fees have come into force. Without prejudice to the Client’s rights provided for in this Agreement, the Business Relationship can only be terminated in the absence of any unfulfilled obligations of the Client to Mercuryo. 

12.10. If you have any questions about the procedure and conditions for applying fees and payments, please do not hesitate to contact our support service by email at support@monetley.com.

 


 

13. SECURITY*

13.1. Mercuryo undertakes to provide the Services in accordance with applicable laws and regulations, as well as the high professional standards of the payment services industry. In particular, we will make every effort to ensure the security and confidentiality of Client data in accordance with current regulations. 

13.2. We reserve the right to temporarily suspend access to the Account(s) for technical, security, or maintenance reasons, without providing any compensation for these operations. We will limit this type of interruption to the necessary minimum.
13.3. However, we cannot be held responsible to you for possible errors, omissions, interruptions, or delays caused by the Website that result in unauthorized access to the latter. We also cannot be held responsible for the theft, destruction, or unauthorized transmission of data resulting from unauthorized access to the Website. Furthermore, we will not be involved in the existing legal relationship between you and the Recipient of the payment transaction to the maximum extent permitted by applicable law. We cannot be held responsible for errors, deliberate non-performance, or negligence of the Client or the Recipient toward each other. 

13.4. We are solely responsible for the security and confidentiality of the data exchanged within the scope of using the Website, in accordance with the General Website Terms. 

13.5. We are responsible for the security and confidentiality of the data we exchange with the Client in the context of these Terms regarding the creation and management of the Account, as well as the Payment Transactions related to the Account.

14. NOTIFICATIONS TO PARTIES, COMMUNICATION, AND CLIENT CONSULTATION

14.1. The Client confirms their consent to the Company sending notifications to the Client by publishing them on the Website and sending them to the email address registered during System registration. 

14.2. The Company has the right to adjust its fees and charges in accordance with any changes in fees charged to the Company by a third party. The Company will make commercially reasonable efforts to inform the Client of any such fee changes at least thirty (30) calendar days before the changes take effect, unless the Company has been notified of said changes by a third party on shorter notice or is required to pay such fees on shorter notice. 

14.3. The Parties hereby agree that for communication with the Client, we will primarily use the System (the Client’s Personal Account) and the Client’s email address registered in the System. The Client is obligated to regularly review all notifications sent to the Client through the System. For the purposes of this clause, «regularly» means at least once per Working Day. 

14.4. Without prejudice to other provisions on sending notifications set forth in this Agreement, Mercuryo has the right to send written notifications to the Client via postal services. In this case, we will use the postal address provided by the Client in the System or the relevant questionnaire, and the Client will be deemed to have received the notification within 3 (three) Working Days from the date of its dispatch, unless the Client actually receives the notification later and this fact can be confirmed by the Client.* 

14.5. The Client undertakes to check their email inbox and other tools used for receiving notifications, as specified in the Account, at least once per working day, in order to timely receive notifications about changes to the Terms. 

14.6. The Client must update their contact details (phone number, email address, and postal address) on their Account within 1 (one) Working Day. If the Client fails to update their contact details on their Account, all consequences related to the Company’s failure to send notifications to the Client shall fall on the Client. 

14.7. The Client is obligated to immediately inform the Company of the theft or other loss of an identity document. 

14.8. The Parties are obligated to immediately inform each other of any circumstances relevant to the performance of the Terms. The Client must provide documents confirming such circumstances (for example, a change of name, surname, signature, address, phone number, other contact details, personal document, the initiation of bankruptcy proceedings against the Client, etc.), regardless of whether this information has been submitted to public registries, within 10 (ten) working days from the date of the change. 

14.9. In the event that the Client provides the Company with documents that do not comply with the requirements established by legal acts and/or the Company, or if the Company has reasonable doubts about the authenticity or correctness of the submitted documents, the Company has the right to refuse to execute payment instructions submitted by the Client, suspend the provision of other Services, and/or require the Client to provide additional documents. 

14.10. The Client has the right to familiarize themselves with the current changes to the Terms, their Addendums, and the prices on the Company’s Website at any time. 

14.11. Messages (claims, requests, or complaints) from Clients are considered received on the day they are sent to us if that day is a Working Day. Messages sent outside of a Working Day are considered received on the next Working Day.* 

14.12. All communication (written and verbal, using any means of communication) between the Parties is conducted in English, unless the Parties have agreed otherwise.* 

14.13. The Client undertakes to use the following means of communication for contacting the Company and providing the Company with notifications as specified in this clause, unless these Terms provide for specific means of communication for a particular notification: 

14.13.1. A message sent through the System. 

14.13.2. If it is not possible to send a message through the System, the Client can send a notification by email using the Client’s email address registered in the System to the Company’s email address specified for the specific purpose of the notification, as indicated in this Agreement; in all other cases, the Client can send their notifications to the Company’s email address: support@mercuryo.io; 

14.14. The email address provided during System registration should be considered the Client’s email address registered in the System, and all further communication with the Client will be conducted through this address. In the event that the Client communicates with the Company using a different email address, the Company reserves the right to consider such communication invalid until the new email address is properly communicated to the Company and registered in the System.

15. CHANGES TO THE TERMS

15.1. The Company has the right to unilaterally change and/or supplement the terms of the Terms, while observing the notification procedure established by these Terms. 

15.2. The Client does not have the right to unilaterally change and/or supplement the terms of the Terms. 

15.3. If the Client does not agree with the changes or additions to the Terms, they have the right to refuse the Company’s services and terminate the Terms by notifying the Company 30 (thirty) days in advance. 

15.4. The Client does not have the right to unilaterally change and/or supplement the terms of the Terms or the Tariffs. 

15.5. The Client acknowledges that notifications sent by us (i) through the System or (ii) to the email address registered in the System, as the case may be, will be deemed to have been properly provided. 

15.6. The Parties have the right to amend individual provisions of the Terms by entering into addendums, which will be considered mutual agreements under which the Parties agree on individual provisions of their cooperation and the specific conditions of the Services used. The provisions of the addendums shall prevail over the standard provisions of the Terms, unless the Terms state otherwise. All addendums, after being signed by both Parties, are an integral part of the Terms. * 

15.7. The Parties agree that the Client has the right to ask Mercuryo to provide a draft of any proposed amendment to the Terms, tariff plan, or addendum before the date of their entry into force, and also to ask for a corresponding consultation on the new or changed provisions and conditions.*

 


 

16. CONFIDENTIALITY AND DATA PROTECTION

16.1. The Parties undertake to protect each other’s technical and commercial information that became known to them during the execution of these Terms. The Client undertakes not to transfer the Company’s technical and commercial information to third parties without the Company’s written consent. 

16.2. The Company is responsible for the security of cardholder data, as well as for the process of storing and processing cardholder data when the Client performs transactions in accordance with the terms of this agreement. 

16.3. In the event that the Client loses the Password to the Account or other Passwords, the Client undertakes to immediately change the Passwords or, if they are unable to do so, to immediately (no later than one calendar day) notify the Company of this using the means of information specified in section 14. The Company is not responsible for the consequences arising from the failure to notify. 

16.4. After the Company receives the notification from the Client specified in clause 16.3, it is obligated to immediately suspend access to the Client’s Account and the provision of the Company’s services until a new password is provided/created for the Client. 

16.5. The Company draws the Client’s attention to the fact that email and other tools linked to the Mercuryo Account are used as tools for communicating with the Client and/or identifying the Client. Thus, these tools and their logins must be protected by the Client. The Client is fully responsible for the security of their email passwords and all other tools they use and their passwords for logging in. Passwords are confidential information, and the Client is responsible for their disclosure and for all operations performed after entering the Password used by the Client for the corresponding Account or other payment instrument. 

16.6. The Parties expressly agree that messages transmitted by post and email may be considered as evidence in the resolution of disputes between the Company and Clients. 16.7. The Parties undertake to protect each other’s technical and commercial information that became known to them during the execution of these Terms. The Client undertakes not to transfer the Company’s technical and commercial information to third parties without the Company’s written consent. 

16.8. Issues related to personal data are governed by Mercuryo’s Privacy Policy, developed in accordance with the DPA and GDPR, as well as other laws and regulations applicable to Us, and the Standard Contractual Clauses (SCC) and «best practice» principles adopted by the European Commission. The current version of the Privacy Policy is available on the Website. Our supervisory authority for personal data processing and protection issues is the Information Commissioner’s Office (ICO). Please visit the link https://ico.org.uk to get information about the processing and protection of your personal data in the UK. * 

16.9. The Client, by registering in the System, confirms that they have read Mercuryo’s Privacy Policy, that the specified document is clear and understandable to the Client, and the Client agrees with the Company’s principles used in the processing and protection of Personal Data. 

16.10. The Client agrees that Mercuryo processes Personal Data for the purpose of establishing a Business Relationship and opening an Account, providing Services, and fulfilling other obligations in accordance with these Terms, including for the purpose of fulfilling the mandatory AML/CTF requirements for Mercuryo. We guarantee the security of the Personal Data received. Personal Data is used only to the extent necessary to fulfill the contractual obligations of the Parties set out in this Agreement and any appendices thereto. 

16.11. The conditions for the disclosure of personal data are specified in the Privacy Policy. Under no circumstances will personal data be disclosed without reasonable and legal grounds. 

16.12. The Client grants us the right to cooperate with third parties, including, but not limited to, submitting requests, checking various databases, for the purpose of verifying the Client’s identity and the accuracy of other data provided by the Client for KYC purposes, as well as for the purpose of protecting our legitimate interests in our relationship with the Client. 

16.13. The Parties undertake to protect each other’s technological and commercial information that became known to them during the business relationship.

16.14. The Client undertakes not to disclose and to protect our technological and commercial information from unauthorized disclosure to third parties without a permitted purpose. In every case where the Client intends or is obligated to disclose any confidential information concerning Mercuryo, the Client must inform us of this in advance. If prior notification is not possible, the Client must inform us as soon as possible. 

16.15. Mercuryo will store Personal Data for the maximum period established by law or regulation, depending on the purpose of each type of data processing. 

16.16. The conditions for the collection, storage, and access to Personal Data received by us, as well as the conditions for access to the Website, are governed by the General Website Terms, as well as the Privacy Policy, which is available on the Website.

17. RESPONSIBILITY OF THE PARTIES

17.1. Each of the Parties is responsible for all fines, penalties, and losses that the other Party incurs due to the guilty Party’s violation of the Terms. The guilty Party undertakes to compensate for the direct damage arising from such liability to the injured Party. In all cases, the Company’s liability under the Terms is limited by the following provisions: 

17.2. The Company is responsible only for direct damage caused by a direct and material violation of the Terms by the Company, and only for such damage that the Company could have reasonably foreseen at the time of the violation of the Terms. 

17.3. The Company does not guarantee the uninterrupted operation of the System, as the System’s operation can be affected (disrupted) by many factors beyond the Company’s control. The Company will make every effort to ensure the most uninterrupted operation of the System; however, the Company is not responsible for the consequences arising from failures in the System’s operation. 

17.4. The Company is not responsible for: (i) The transfer of funds from the Mercuryo Account and other Payment Transactions with funds in the Client’s Account if the Client has not protected their Passwords and identification means, and they have become known to other persons, as well as for the unlawful actions and operations of third parties carried out using forged and/or illegal documents or illegally obtained data; (ii) errors made by banks, payment systems, and other third parties; (iii) consequences arising after the Company has lawfully terminated the Terms, canceled the Client’s Account, or restricted access to it, as well as after the justified restriction/termination of part of the Services; 

17.5. The Client bears full responsibility for the correctness of the data and instructions provided to the Company, and when filling out documents in the System: (i) The Client bears all losses arising from unauthorized Payment Transactions; these losses were incurred due to: the use of a lost or stolen payment instrument; (ii) the illegal acquisition of a payment instrument, if the Client did not protect personalized security elements (including identity verification tools). 

17.6. A Party is released from liability for non-performance of the Terms if it proves that the non-performance of the Terms occurred as a result of force majeure circumstances, proven in the manner prescribed by law. The Client is obligated to notify the Company of the occurrence of force majeure circumstances that prevent the performance of the Terms, in writing, within 10 (ten) calendar days from the date of such circumstances. The Company notifies the Client of the occurrence of force majeure circumstances by email or on the System’s websites. 

17.7. The Company strongly recommends that the Client regularly and carefully monitor the Account: (i) The Client must immediately notify the Company if: an unauthorized transaction has been made from the Client’s Account; (ii) unauthorized access to the Client’s Account has occurred. 

17.8. Mercuryo does not provide financial, investment, legal, or other advice on the management and use of the Client’s funds and does not provide the Client with an assessment of possible risks when using the Services. Mercuryo can only advise the Client on the terms of the Terms and provisions of the Services ordered or already used by the Client, the use of the System and technical capabilities, as well as on issues of processing and protection of the Client’s Personal Data, compliance with and protection of consumer rights, mandatory norms, and litigation. 

17.9. Before accepting the Terms and using the Services, the Client must assess the possible risks and their satisfaction with the Services they plan to use. 

17.10. Mercuryo will not in any way interfere in the legal and commercial relationships and any litigation that arises between the Recipient and the Client. Mercuryo does not control the compliance, security, legality, characteristics, and appropriateness of the products that are the subject of the Payment Transaction. In this regard, the Client must obtain all useful information before proceeding with the purchase of a product or service, the collection of funds, or any other transaction, fully aware of all related considerations. Any transaction carried out by the Client leads to the conclusion of a contract concluded directly between them and the Recipient(s), with whom Mercuryo has no contact. Mercuryo can in no case be held responsible for the non-performance or improper performance of obligations that may arise, or for possible damage caused to the Client in connection with this. 

17.11. If Mercuryo fails to comply with the Terms and any addendums thereto, Mercuryo is responsible for any losses or damages that you incurred and that are a predictable result of Mercuryo’s breach of its contractual obligations or failure to exercise reasonable care and skill in providing the Services in accordance with the Terms and any addendums thereto, but Mercuryo is not responsible for any losses or damages that are not foreseeable or that are not caused by its non-performance.* 

17.12. You acknowledge and agree that Mercuryo will not be liable to you for any losses or damages incurred by you in connection with the use of the Service if such losses or damages are caused by your actions or omissions or the actions or omissions of a third party, including, but not limited to: 

17.12.1. your failure to provide us with accurate, complete, and up-to-date information; or 17.12.2. you losing or allowing third parties to gain access to your login and password. 

17.13. Mercuryo will take reasonable precautions to ensure that all data it stores regarding you and the Account(s) is protected. Nevertheless, you acknowledge and agree that the Services are provided over the Internet and cannot be completely secured, and Mercuryo will be liable to you for the loss or damage of your data only to the extent that it is caused by Our failure to take such reasonable precautions. 

17.14. To the maximum extent permitted by applicable law, Mercuryo will not be liable to you for any loss of profit, loss of reputation, loss of business, business interruption, or loss of business opportunities, and will not be liable for any indirect, incidental, punitive, or consequential losses arising in connection with the business relationship. 

17.15. The Parties are independently responsible to the state and other entities for the fulfillment of all tax obligations. Mercuryo is not responsible for the fulfillment of the Client’s tax obligations, the calculation, and transfer of taxes applicable to the Client.

18. EVENTS BEYOND A PARTY’S CONTROL

18.1. Neither Party will be liable for any failure to perform or delay in performing any of its obligations under the Terms caused by an event beyond the Party’s control. 

18.2. An event beyond control means any act or event beyond the reasonable control of a Party, including, but not limited to, strikes, lockouts or other industrial action by third parties, civil unrest, riots, invasions, terrorist attacks or threat of terrorist attack, war (declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, ground subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. 

18.3. If an event beyond control continues for more than 30 (thirty) calendar days, the Parties may decide to terminate the business relationship.

19. MISCELLANEOUS

19.1. The Terms and any addendums thereto constitute the complete mutual Terms between the Parties. If any of the provisions of the Terms are found to be invalid or unenforceable, it will be considered removed and will not invalidate the other provisions.

 19.2. If one or more provisions of the Terms cease to be in effect or are declared as such in accordance with any law or regulation or in accordance with a final decision of a court of competent jurisdiction, the other provisions will retain their binding force and scope. The provisions considered invalid will then be replaced by provisions that are as close as possible in scope and meaning to the originally agreed ones. 

19.3. No provision of the Terms is intended to grant a benefit or enforcement to any person who is not a party to them. 

19.4. The Terms come into effect from the moment the Client familiarizes themselves with them, the Tariffs, the Privacy Policy, and begins using the Services. The Terms are valid for an indefinite period until they are terminated, subject to the provisions set out in these Terms. 

19.5. The Terms may not be subject to full or partial transfer by the Client, whether for a fee or for free. Therefore, it is forbidden to transfer any rights or obligations that the Client has under these Terms to third parties. In case of violation of this prohibition, in addition to the immediate termination of these Terms, the Client may be held liable to Mercuryo. 

19.6. Mercuryo strives to settle all disputes with the Client peacefully, promptly, and on terms acceptable to the Parties; therefore, in the event of a dispute, Clients are recommended, first of all, to contact the Company directly. Disputes are resolved through negotiations. 

19.7. Mercuryo may transfer its rights and obligations under the Terms to another person at any time by sending the Client a written notice 60 (sixty) calendar days in advance. If Mercuryo does this, the Client’s rights under the Terms will not be affected. 

19.8. If the Client wishes to file a complaint about the Services, the Client can send an email to Mercuryo at support@monetley.com, providing brief details of the complaint and the email address associated with the Account.* 

19.9. The complaint must specify the circumstances and documents on which the complaint is based. If the Client bases their complaint on documents that the Company does not have, the Client must also provide such documents or copies thereof when filing the complaint. 

19.10. Deadlines for reviewing Client claims and complaints: 

19.11. The Company reviews the Client’s claim or complaint and notifies the Client of the decision made no later than within 30 (thirty) calendar days, except in cases where legal acts or other acts binding on the Company related to the provision of Services (e.g., rules of international payment card organizations) establish a different period. 

19.12. If the Company cannot provide an answer to the Client’s complaint within the period specified in clause 19.11, the Company is obligated to inform the Client of the reasons and indicate when the Client will receive an answer. 

19.13. If the Client is not satisfied with the Company’s decision, the Client has the right to use all other legal remedies to protect their rights.

 19.14. The Client can file any claim or complaint regarding the Services provided by the Company by sending an email notification. 

19.15. The complaint must specify the circumstances and documents on which the complaint is based. If the Client bases their complaint on documents that the Company does not have, the Client must also provide such documents or copies thereof when filing the complaint. 

19.16. If the complaint is not resolved within 30 (thirty) calendar days from the date of receipt of the complaint, Mercuryo will initiate a formal complaint review procedure. Mercuryo will confirm the Client’s complaint through the System (Client Profile) or by email within 5 (five) calendar days. The corresponding notification will contain detailed information about the complaint procedure and the Client’s right to send the complaint to the Financial Ombudsman Service at: The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR, United Kingdom (more information can be found at www.financial-ombudsman.org.uk), if the Client is not satisfied with Mercuryo’s assessment and decision.*

 19.17. Within 15 (fifteen) calendar days (complaints about rights and obligations arising under Parts 6 and 7 of the PSR 2017 Rules) or 8 (eight) weeks (complaints not related to rights and obligations arising under Parts 6 and 7 of the PSR 2017 Rules) after filing a complaint, Mercuryo will send the Client a final response.* 

19.18. A complaint about any regulated aspect of the Service that Mercuryo cannot resolve within 15 (fifteen) calendar days (complaints about rights and obligations arising under Parts 6 and 7 of the PSR 2017 Rules) or 8 (eight) weeks (complaints not related to rights and obligations arising under Parts 6 and 7 of the PSR 2017 Rules) from the date of filing the complaint, may be referred to the Financial Ombudsman Service at: The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR, United Kingdom (more detailed information can be found at www.financial-ombudsman.org.uk).* 

19.19. The Terms are governed by the laws of England and Wales. You and the Client agree to submit to the non-exclusive jurisdiction of the English courts.*

 

20. MONETLEY LTD DISCLAIMER

Monetley LTD is a non-bank payment provider authorized to issue electronic money and provide its clients with unrelated payment services. We are an Electronic Money Institution (EMD) authorized by the UK’s Financial Conduct Authority (FCA).

The laws of England apply to our business activities, our client relationships, and our responsibilities to clients and the FCA. One of our legal obligations is to safeguard your money and ensure its security.

Generally, when you hold money in a bank, your money is protected by the UK’s Financial Services Compensation Scheme (FSCS) and is subject to return under the FSCS rules (https://www.fscs.org.uk/). It’s crucial to understand that Monetley LTD is not a bank, and your money held with us is not protected by the UK’s Financial Services Compensation Scheme. In this specific case, your money is protected by Monetley LTD itself. If Monetley LTD goes bankrupt, to get your money back, you would need to contact the recipient, i.e., the liquidator or administrator appointed to manage the closure of the bankrupt company and responsible for returning money to clients. Please remember that the return may take longer than it would for a bank, and some fair costs for returning the money may be incurred by the bankrupt company’s recipient. These costs are not set by Monetley LTD, and the amount of such costs is at the sole discretion of the bankrupt company’s recipient.

We always take adequate measures to ensure that in the event of Monetley LTD’s bankruptcy, your money will be paid out in a timely and orderly manner. Your claim for a refund will be paid from a segregated account. Such a segregated account is protected under English law from claims by other creditors, and in any case, client money from the segregated account will be paid out first.

We place your money in a safeguarded account that we have opened with an authorized credit institution—currently the Bank of Lithuania (European Union), which is a member of the European System of Central Banks (https://www.lb.lt/en/). We hold a sufficient portion of the money to meet all client claims for money owed. We guarantee that all client money is strictly separated from Monetley LTD’s own funds and income.

We protect your money regardless of its amount, country of origin, or destination by segregation, thereby keeping it separate from other assets and all other sources of Monetley LTD’s funds.

Our safeguarding obligations begin immediately when Monetley LTD receives money from you and remain in full force and effect for as long as we hold the money, ending when the money is paid to a payer or recipient, including transferring funds to another electronic money institution or payment service provider. Monetley LTD defines the protection of your money as a cornerstone task, and we manage your money appropriately and adequately on a daily basis.

We ensure overall control over the implementation of safeguarding requirements that apply to us, our employees, agents, and distributors. We apply sufficient organizational measures to effectively manage risks that may arise from negligence or poor administration, as well as fraud and abuse. For these purposes, Monetley LTD provides regular monitoring of safeguarding risks, and also regularly reviews safeguarding issues and provides updates on an ongoing basis.

To effectively manage security and client money protection measures, we have developed a Security Policy in strict accordance with the Electronic Money Regulations 2011 (EMR) and the Payment Services Regulations 2017 (PSR), as well as generally accepted standards recognized as best practice. If you are not satisfied with the services we provide, you can contact the UK Financial Ombudsman Service (https://www.financial-ombudsman.org.uk/, claim.info@financial-ombudsman.org.uk, 0800 023 4567).

If you have any questions or misunderstandings regarding funds held with compensation mechanisms, please do not hesitate to contact us by sending your questions to our support service—support@monetley.com. The highly professional compliance and legal team at Monetley LTD will provide you with clear and comprehensive explanations regarding client fund compensation issues. You can also familiarize yourself with the FCA’s regulatory requirements regarding the safeguarding obligations of FCA-authorized firms: https://www.fca.org.uk/firms/emi-payment-institutions-safeguarding-requirements.