Please read carefully below provided information before accepting them.

These General Terms and Conditions shall constitute a legally binding agreement between the Client and Bintense.

All capitalised terms in the General Terms and Conditions shall have the meanings described in this document, unless otherwise provided in the General Terms and Conditions. All other terms used in the General Terms and Conditions shall have their usual or statutory meanings.

Jurisdictional Notice

Please note that the Bintense.io platform is owned and operated by UAB Green Cliff Inc., a company incorporated in Lithuania under company code 306116484. The Company is registered to provide virtual currency services, with its registered and business address at Naugarduko g. 3-401, Vilnius, Lithuania.

The Bintense.uk platform is operated by UAB Green Cliff Inc. specifically for clients located in the United Kingdom, under the engagement with Archax and in accordance with the applicable UK regulatory framework.

The Bintense.au platform is owned and operated by Digitex Corp Pty Ltd, ACN 643 966 250, with a registered office at Level 35, International Towers Sydney, 100 Barangaroo Ave, NSW 2000, Australia. Digitex Corp Pty Ltd is registered as a Digital Currency Exchange (DCE) under registration number 100713696-001.

Clients are advised to access and use the platform corresponding to their place of jurisdiction. Use of the incorrect platform may result in service limitations or regulatory restrictions.

1. Definitions

AML/TF	AML/TF stands for Anti-Money Laundering and Terrorist Financing.
Beneficial owner	means the individual who ultimately owns or controls a legal entity.
Client(s)	Potential client or Company’s Client who uses Services
Company	Green Cliff Inc., UAB code 306116484 Naugarduko St. 3-401, Vilnius, Lithuania, +37066510325, [email protected]
Crypto asset(s)	Bitcoin (BTC) or Ethereum (ETH).
Exchange rate	The value at which the Crypto asset can be exchanged for Fiat and Fiat to the Crypto asset.
Exchange services	Means the exchange of Crypto-assets for funds or funds for the Crypto-assets executed by the Client via Company’s platform.
Fees	Monetary amounts paid by Clients to the Company as stipulated in Company’s website and applied accordingly.
Fiat	EUR or other official currencies, which could be available from time to time at the Company’s platform.
KYC	KYC, or Know Your Customer, refers to the process by which the Company verifies the identity of its clients. This involves collecting and assessing various documents and information to ensure compliance with legal and regulatory requirements.
Order	A placed Client’s Exchange order for Exchange services using the Company’s Platform.
Party	The Company or the Client.
Platform	Company’s IT solution for the execution of Exchange services, using Bintense brand and reachable via https://bintense.io/lt/.
PSP	Means Payment service provider.
Services	Exchange services and other related services, provided by the Company to the Client.
Terms and Conditions	These General Terms and Conditions published at the Company’s website https://bintense.io/lt/.

2. General conditions

2.1. These Terms and Conditions shall be an important document which must be thoroughly examined by the Client before establishing relationship with Company and using of the Services provided by the Company.

2.2. These Terms and Conditions shall come into force and become legally binding agreement between the Client and the Company after the Client electronically confirms (using the Platform) his/her consent to comply with the provisions set herein and shall be valid for an indefinite period.

2.3. In addition to these Terms and Conditions, the relationships between the Company and the Client could be established by the other agreements or documents (including but not limited to the documents set out in the clause 2.6 of the Terms and Conditions) agreed by the Parties.

2.4. In case of a conflict between the provisions of the particular agreement and (or) Order and Terms and Conditions, the provisions of the agreement and (or) Order shall prevail.

2.5. The Terms and Conditions shall apply to all relationships between the Client and the Company relating to the provision of Services which arise before and continue after the enforcement of the Terms and Conditions.

2.6. The Client shall be familiarised with the Terms and Conditions, Privacy Policy, Fees, Risk disclosure and any other policies as shall be published by the company from time to time (and their later amendments) using Platform functionality. These documents are an integral part of this Terms and Conditions.

2.7. The Company reserves the right to make changes or modifications to these Terms from time to time, in Company’s sole discretion, by posting the amended Terms on the website, and by communicating these changes through any written or other contact methods, we have established with you.

3. Client registration and profile creation requirements

3.1. The Client is allowed to register and create profile for purpose of using Services only if these all conditions are met:

3.1.1. Proper identity verification: the Client successfully passes the identification process.

3.1.2. KYC process: the Client submits all required information and documents during the KYC process.

3.1.3. Clients risk profile: The Client shall be acceptable under Company’s risk appetite. The Company is not serving high-risk Clients under parameters established by its internal documents and (or) applicable laws.

3.1.4. Residency and citizenship: Clients must be residents or citizens of countries where the Company legally operates, and where crypto-asset services are permitted by law. The list of prohibited jurisdictions, where Company doesn’t operate is provided in AML/TF Policy: https://bintense.io/en/aml-kyc-policy/ and may be amended by the Company according to applicable laws and regulations or internal Company rules. For the avoidance of doubt the Company’s services are restricted for USA citizens, residents or USA legal entities.

3.1.5. Age Requirement: Clients must be at least 18 years old, or the legal age of majority in their jurisdiction, whichever is higher.

3.1.6. No previous relationship terminations: Clients must not have had a track record of previous relationship termination with the Company due to non-compliance with conditions specified in the clause 3.1, applicable laws or internal regulations.

3.1.7. Compliance with international sanctions and other AML/TF requirements: Clients must pass checks in accordance with international standards, including screening against global watchlists and sanctions lists.

3.2. The Company has the right to refuse to register the Client and/or create a profile, refuse to provide Services, and/or terminate or suspend business relationship with the Client, if the Client fails to meet the conditions specified in the clause 3.1 of the Terms and Conditions at any time.

3.3. The Client hereby agrees to ongoing compliance with the Company’s updated policies and procedures, including these Terms & Conditions. In addition, it includes periodic updates to KYC information as required.

3.4. The Client is responsible for safeguarding the confidentiality and security of the password and any other user credentials that are used by the Client in the Platform (including security vulnerabilities on Client devices).

3.5. The Client undertakes to inform the Company immediately, but no later than within 24 hours, of any security incident observed, including suspicious activity in the Platform’s personal profile, personal data, executed transactions, or any other suspicious information and (or) activity.

4. Clients’ identification and KYC. Requirements for the documents

4.1. The Company shall identify the Client and/or representative thereof and/or the Beneficial owner in accordance with the procedure set out in the applicable legal acts.

4.2. For the purpose of identification, the Client and/or representative thereof must submit to the Company the required information and documents using the Platform and indicated steps.

4.3. For the purpose of identifying a natural person, his (her) name, surname, personal identification number and/or birth date, citizenship, country of birth, place of residence, personal identification documents, their issue and expiry dates and numbers of its issuance as well as other identification particulars of the Client shall be provided.

4.4. A natural person shall be identified according to the original personal identification documents acceptable to the Company submitted by such a natural person – a passport of the citizen, a personal identification card or other documents acceptable to the Company.

4.5. For the purpose of identifying a legal person, its name, addresses of its head office and actual place of business, the legal person’s code and other particulars identifying the legal person shall be disclosed to the Company.

4.6. The Company shall have a right to refuse accepting information, if information or documents do not contain sufficient information or not comply with procedures set out by the Company.

4.7. The Company shall have the right to request from the Client any additional information and/or documents related to the Clients, his/her representatives, Beneficial owners, and (or) the transactions executed by the Client, and to request the Client to fill in and periodically update the KYC questionnaires. All documents and information shall be drawn up and provided at the expense of the Client. If the Client fails to provide additional information and/or documents within the time limit specified by the Company, the Company shall be entitled to fully or partially suspend provision of the Services provided to the Client.

4.8. The Client must submit to the Company original documents, their notarised transcripts, or, on consent of the Company, documentary copies. The Company shall have the right to demand that all documents submitted by the Client which are drawn up in foreign countries are legalised in the manner established by legal acts or certified by Apostille, excluding the cases when international treaties concluded between the Republic of Lithuania and a respective foreign country establish otherwise.

4.9. Where documents submitted to the Company are drawn up in a foreign language the Company shall have the right to demand their translation into the Lithuanian or English language. Translation of documents into the Lithuanian or English language must be confirmed by a competent translator acceptable to the Company and the translator’s signature shall be notarised.

4.10. The Company shall have the right to assume that documents submitted by the Client are authentic, true, valid and accurate.

4.11. Under the laws, the Company shall have the right to verify the information provided by the Client using public sources of information and reliable and independent non-public sources of information and other lawful methods.

4.12. The Company reserves the right to take any measures it considers appropriate following the completion of KYC assessments and compliance with regulatory reporting or other obligations related to the prevention of AML/TF.

5. Use of the Platform & Services

5.1. Only registered Clients could use Platform and Company’s Services, as well as place Orders.

5.2. The Client is obliged to use the Platform and Services solely for legal purposes and in compliance with all applicable laws and regulations. Any use of the Platform and Services for illegal activities or in violation of any laws is strictly prohibited. The Client must ensure that their actions on the Platform and while using the Services are lawful and adhere to the relevant legal standards. If the Client fails to act lawfully, the Company shall have the right to suspend its activities or terminate the relationship with immediate effect.

5.3. The Company provides exchange services between various Fiat currencies (such as EUR, USD) and Cryptocurrencies (such as BTC or ETH). In particular The Company is providing these Exchange services and related services:

5.3.1. Execute Orders on Exchange of official currency to the Crypto assets, which are available at the Platform;

5.3.2. Execute Orders on Exchange of Crypto assets to the official currency, which are available at the Platform.

5.3.3. Other related services, which derived from Exchange services (transfer of Exchanged Crypto assets to Clients’ wallets).

5.4.  For the avoidance of doubt, the Client acknowledges and agrees that the Company does not act as a financial advisor and does not provide investment advice in connection with the Services or the Platform under this Agreement. Any communication between the Client and the Company shall not be considered investment advice. The Company makes no warranty as to the suitability of the Services to the Client and the Client is fully aware of the risk associated with the crypto exchange services.

5.5. For the avoidance of doubts, the Client confirms that he/she understands that the Company is not providing custody services, i.e. the Company is not opening accounts/wallets to the Clients. The Client who will use the Services, shall have a solely owned account and (or) wallet opened at the third party under applicable regulation.

5.6. The Client who intends to place an Order for the Exchange services shall have a solely owned account and(or) (wallet opened at a third party that legally has the legal right to serve Clients with such types of services. The Client shall declare its ownership of the wallet. The Client acknowledges that he is solely responsible for placing the correct personal wallet address when he seeks to make buy or sell Order through the profile. The Client acknowledges that he may lose all his Crypto assets if he makes an error in the wallet address. The Company does not verify wallet address details and takes no responsibility for any errors in wallet address information that you populate in relation to your buy or sell Crypto asset order.

5.7. Before placing the Order, the Client could select the payment method: wire transfer, credit card, APM or other payment method that is available on the Platform.

5.8. Before placing Order, the Clients must acknowledge and accept the risks associated with buying or selling Crypto assets by taking active measures (expressly state the acceptance to Company’s Risk disclosure by electronically means before placing Order). Without derogating from the Risk Disclosure terms , the Client acknowledges as follows:

• Any operation in cryptocurrencies involves a high degree of risk and the potential for significant losses. You, therefore, should carefully consider whether using the Service is suitable for you, in view of your financial resources and other circumstances.
• You acknowledge that there are inherent risks associated with utilising an Internet-based exchange service, such as hardware or software failure and Internet connection failure. You acknowledge that the Company shall not be responsible for any disruptions, errors, delays or communication failures you may experience when using the Service, however, caused;
• The Company is not responsible for any loss or damage suffered by you, due to any illicit or fraudulent activity of third-parties
• The Company is not a trading site. The Company does not endorse, support or recommend any trading platform. Furthermore, you acknowledge that risks are inherent to and associated with utilising Internet-based trading systems. The Company is not liable for any loss or damage, including any loss of funds or profit.
• The Company will only communicate with you through the @bintense.io addresses
• The Company will never call you unexpectedly and without prior notice
• The Company will never ask you to disclose any of your sensitive authentication credentials, and will never demand remote access to your device
• you are responsible for ensuring that the email and phone number which you used for registering your profile will be exclusively operated and kept in private by you
• you are responsible for always setting 2-factor authentication on your device(s) linked to your profile, and for ensuring that they are solely possessed and accessed by you.

5.9. The applicable Fees Can be found at clause 7.8. The Client will get information about applicable Fees before the placing of specific Order and later by receiving an invoice.

5.10. In case of a chargeback, the Client will be liable for any resulting costs and fees. The Client authorises the Company to deduct costs and fees related to the chargeback directly from clients’ funds without notice.

5.11. The Company shall have the right to demand that the Client would submit documents and/or information confirming the legal grounds and for the acquisition of the Client’s funds and other assets, including funds or Crypto assets sources (origin) information relating to the Client’s activities, and/or other documents and information to the extent necessary for the Company in order to adequately fulfil the requirements of legal acts regulating the prevention of Money Laundering and/or Terrorist Financing and/or other legal acts.

5.12. The Company shall have the right to refuse execute Order, provide Service, or to suspend the fulfilment of the Order, in addition to terminate the official relationships with the Client, if the latter does not submit required documents and/or information, avoids or refuses to submit the necessary documents and/or information, conceals the documents and/or information, or provides incorrect or incomplete information to the Company, or the circumstances specified in clause 3.1 of the Terms and Conditions becoming apparent.

5.13. The Company shall have the right to refuse execute Order, provide Service, or to suspend the fulfilment of the Order, in addition to terminate the official relationships with the Client, if the latter does not submit required documents and/or information, avoids or refuses to submit the necessary documents and/or information, conceals the documents and/or information, or provides incorrect or incomplete information to the Company, or the circumstances specified in clause 3.1 of the Terms and Conditions becoming apparent.

5.14. The Company grants the Client the right to use Platform and Company’s Services but does not commit to ensure uninterrupted operation of the Platform since its operation may be affected by factors beyond the Company’s control. Nevertheless. The Company commits to make all reasonable efforts to ensure the smoothest possible operation of the Platforms and Services. The Company is not liable in all cases for the consequences arising from the mentioned disorders of the Platform.

6. Placing of Orders

6.1. Only registered and identified Clients shall have a right to place an Order.

6.2. The Company shall have the right to refuse to execute an Order, if the Company has reasonable doubts that the Order was submitted not by the Client or representative thereof. The Company shall not be held liable for losses which can arise from the refusal to execute the Order.

6.3. The Company shall not be held liable for mistakes, irregularities in the Orders submitted by the Client, including but not limited to the correctness of requisites of accounts/wallets number submitted by the Client to the Company. Transactions involving crypto-assets are irreversible. The Client is solely responsible for ensuring the accuracy and completeness of all order details, including the transaction amount and the recipient wallet address. Once an Order has been executed, it cannot be cancelled, reversed, or modified. 

6.4. The Client shall have the right to withdraw the Orders only if the Company has not yet fulfilled such Order and/or has not yet assumed obligations with regard to third parties pertaining to the fulfilment of the Order.

6.5. The Company shall have the right to record and keep all Orders of the Client submitted and in addition to record and keep the information about all operations carried out by the Client. Records mentioned in this clause may be submitted by the Company to the Client and/or third parties as the evidence of the performed operations.

7. Applicable Fees

7.1. The Company shall have the right to receive the Fees and other monetary payments for the Services provided to the Client and the Client shall have the obligation to pay to the Company the Fees and/or other monetary compensation.

7.2. The Fees applied for the specific transactions will be shown to the Client as it is described in the Clause 5.7 of the Terms and Conditions. Before the placing of Order, the Client will get specific Fees, expressed in concrete amount and the percentage of each applicable fee .

7.3. The submission of an Order by the Client is considered as the Client’s consent for the applicable Fees.

7.4. The Company shall have a right to debit the Fees from amounts payable by the Client in euro.

7.5. After the execution of Order, the Client will get information on executed Order, including applied Fees, by Service invoice, submitted to Clients personal email.

7.6. The history on transactions and Fees will be stored according to the order set out in the Section 9 of the Terms and Conditions.

7.7. The Client shall be responsible for determining and fulfilling any tax obligations arising from Clients use of the Platform or Services, including, without limitation, any value-added tax (VAT) or other taxes applicable in any jurisdiction. The Company does not provide tax advice in relation to the Services or otherwise.

7.8. Fee schedule

Processing fee for cards payment method/ APM	3% from transaction value
Blockchain Fee (always applicable)	Variable and depends on network congestion, transaction complexity, and the blockchain used. The exact blockchain fee applicable to a transaction will be displayed to the Client before confirming the transaction and is sourced from the following: BTC: https://api.blockcypher.com/v1/btc/mainETH: https://docs.etherscan.io/api-endpoints/gas-tracker
Refund fee	50 euros + 4% from transaction value

8. Execution of Orders

8.1. The Company is executing Orders in accordance with terms and conditions set out in Order execution policy.

8.2. If Client intends to execute an Order for exchange of funds to the Crypto assets, the Client shall guarantee that the amount of funds in the respective currency necessary for the execution of the Client Orders is available in his/her account or wallet, opened with a third party and disclosed to the Company.

8.3. When the Client submits the Order for exchange of Crypto assets to the funds, the Client must ensure that Crypto assets of the respective type held in the wallet, opened with a third party and disclosed to the Company.

8.4. If at the moment of submission of the Client’s Order the funds or Crypto Assets in the account or wallet are insufficient the Company shall have the right to refuse executing the Order submitted by the Client.

8.5. If the Company has reasonable doubts that the Order might have been submitted not by the Client or there are other legal or content doubts regarding the submitted Order, the Company shall have the right to demand additional information and (or) shall have the right to refuse executing the Order submitted by the Client.

8.6. If information specified in the Order submitted by the Customer is insufficient or there are other irregularities, the Company, depending upon the type of irregularities of the Order, may either reject such Order or execute such Order according to the data specified in it.

8.7. Before executing the Order submitted by the Client, the Company shall have the right to demand to submit the documents supporting legal basis, as well as the source (origin) of funds and/or Crypto assets or to provide other information by the Client (as described in the Section 4 of Terms and Conditions). If the Client fails to submit such information, the Company shall have the right to refuse executing the Client’s Order or suspend it until necessary information is properly provided.

8.8. The Company shall have the right to suspend and/or terminate the execution of the Order submitted by the Client, if it is required by legal acts of the Republic of Lithuania and/or other legislation binding upon the Company.

8.9. The Company shall inform the Client on the execution of the Client’s Orders by submitting Service invoice to Client’s personal email.

8.10. No Refunds. All exchange operations, sales and purchases of Cryptocurrency via the Service are final. The Company does not accept any returns and will not provide any refunds unless specifically provided in these Terms.

9. The storage of Client’s transaction history and other data

9.1. The Company shall retain the Client’s transaction history and other relevant data for a period specified by applicable legal and regulatory requirements.

9.2. The Client shall have a right to find transaction history in his/her profile for the period of not less than 2 (two) years.

10. Orders execution venues and other third- party services providers

10.1. The Orders will be executed using third parties services (Order execution venues).

10.2. The Clients shall have an account and/or wallet opened with third-party services providers at their discretion. The Clients shall familiarize themselves with their applied fees and other important information by their own. The Company shall be not liable for any actions of these third-party service providers selected by the Clients.

11. IT systems improvements and temporary disruptions

11.1. The Company shall have the right to improve its information systems, add new functionalities, or otherwise to develop it, even if this is likely to cause and/or causes temporary unavailability of the provision of Services to the Clients.

11.2. The Company will seek to plan the works on improvement of its information systems and, where appropriate, carry out such works at the nighttime.

11.3. If information systems improvements are planned for the specific period of time lasting more than 4 hours or there are information systems disruptions due to other objective circumstances, the Clients shall be informed by the Company through the Platform and Company’s website

12. Complaints handling

12.1. The Client who intends to file a complaint shall follow Complaints Handling Procedure, published at the Company’s website https://bintense.io/complaints-procedure/.The Company ensures that all complaints are handled impartially and in accordance with relevant regulatory guidelines.

12.2. The Company aims to resolve all complaints within the timeframe specified in the Complaints Handling Procedure. Should the Client remain dissatisfied with the resolution, they shall be given clear instructions on how to escalate the matter to the regulatory authority.

13. Processing and use of the personal data

13.1. The Privacy Policy describes how the Company collects, uses, and discloses personal information received from current or future Clients or users. The Privacy policy is published at the Company‘s website following the link: https://bintense.io/privacy-policy/ (hereinafter – the Privacy policy).

13.2. The Company shall collect, store, use, and process the personal data of the Client and their affiliates (e.g., employees, agents, etc.), in accordance with all applicable laws and regulations relating to the protection of personal data. This includes, but is not limited to, the General Data Protection Regulation (GDPR) and any other relevant data protection laws.

13.3. The Company will take necessary measures to ensure that personal data is handled securely and confidentially and will implement appropriate technical and organizational measures to protect against unauthorized access, disclosure, alteration, or destruction of personal data.

13.4. The Client’s rights and other important information is provided in the Privacy policy. The Client is obliged carefully to read the Privacy policy before entering into relationships with the Company.

13.5. The Company will also provide transparency regarding the purposes for which personal data is processed and will obtain necessary consents from the Client and their affiliates where required by law. The purposes for which Client‘s personal data is collected, stored and in other manner processed are described in the Privacy policy.

13.6. Cases in which the Company shall have the right to disclose information to third parties are specified in the Privacy policy.

14. Confidentiality

14.1. The Company undertakes to ensure full confidentiality and non-disclosure to the third parties of the information provided by the Client that is required for the Company to execute the Services, except the cases stipulated herein and in Privacy policy.

14.2. The Company will have the right to disclose confidential information when it is required by law or by a court, or in other cases written in the Privacy policy.

14.3. The Company will retain any obligations with respect to the protection of the confidential information during the term of the Agreement and for a period of 10 (ten) years after the termination of relationship with the Client.

15. Liability

15.1. The Parties shall be held liable for the non-fulfilment or improper fulfilment of their obligations.

15.2. The Company shall be held liable for damages incurred by the Client and is obligated to compensate the Client solely for direct losses, provided that such Client’s damages are attributable to the Company’s fault.

15.3. The Client who is late in paying any amounts owed to the Company must pay late payment interest at the rate of 0.08% per annum for each day of delay.

15.4. The Client shall be held responsible for any damage caused to the Company as a result of their own wrongful actions, violation of law and regulation. This responsibility encompasses direct losses that arise due to the Client’s negligence, misconduct, or failure to adhere to the agreed-upon terms and conditions. The Client is obligated to compensate the Company for any direct losses incurred, ensuring that the Company is made whole for the damages suffered due to the Client’s actions.

15.5. The Parties shall not be held accountable for the non-fulfilment or improper fulfilment of their obligations if such non-fulfilment or improper fulfilment is caused by force majeure circumstances.

15.6. The Company is not liable if it has suspended the provision of Services or operations to the Client based on grounds specified in legal acts or these Terms and Conditions.

15.7. The Company shall not be held liable for any activities, actions, or omissions carried out by third parties. This includes, but is not limited to, any errors, misconduct, or negligence on the part of the third Parties that may result in damages or losses to the Client. The Company’s liability is strictly limited to its own actions and obligations, and it does not extend to the conduct or performance of external entities or individuals that are not directly under the Company’s control.

15.8. The Company shall not be held liable for the Client’s losses resulting from fluctuations in Crypto Assets exchange rates, changes in the price of Crypto Assets held by the Client, and/or other risks associated with the Client’s assets.

16. Intellectual property rights

16.1. Ownership of the Rights. All intellectual property rights associated with or arising from the Services shall remain the sole property of the Company. Nothing in these Terms and Conditions shall be interpreted as granting the Client any rights to use the Company’s trademarks, trade names, service marks, or logos without prior written permission from the Company

16.2. Limited License. The Company grants the Client a non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the intellectual property contained within the Services solely for the purpose of utilizing the Services in accordance with these Terms and Conditions. This license is conditional upon the Client’s continued compliance with the Terms and Conditions and shall terminate automatically upon the expiration or termination of relationships.

16.3. Prohibited Uses. The Client agrees not to:

16.3.1. Copy, modify, reproduce, display, distribute, republish, download, transmit, or create derivative works based on any part of the Company’s intellectual property included in the Services;

16.3.2. Decompile, disassemble, reverse engineer, or otherwise translate the Services into human-readable form;

16.3.3. Access the Services for the purpose of developing a competing product or service;

16.3.4. Use the Services to provide outsourced or shared services to the third parties;

16.3.5. Sell, rent, lease, sublicense, assign, or otherwise transfer or commercially exploit the Services or make them available to any third party other than authorized users;

16.3.6. Attempt to gain, or assist others in gaining, unauthorized access to the Services beyond what is permitted by these Terms and Conditions.

16.4. Protection of Intellectual Property. The Client agrees to:

16.4.1. Promptly inform the Company of any suspected or actual infringement of the Company’s intellectual property rights;

16.4.2. Cooperate with and support the Company in enforcing its rights in any related legal actions;

16.4.3. Refrain from taking any action or omission that could weaken or compromise the Company’s intellectual property rights;

16.4.4. Avoid any use of the Company’s intellectual property that may damage the Company’s business or reputation.

17. Amendments of the General Terms and Conditions, Fees. Suspension and/or termination of the relationships

17.1. The General Terms and Conditions and Fees shall be established by the Company.

17.2. The Company shall have the right to unilaterally change the General Terms and Conditions, Fees by publishing a new version of the General Terms and Conditions, Fees on the Platform. The Client has the right to refuse to use the Platform if the changes are unacceptable to the Client. The Client understands that by continuing to use the Platform after the General Terms and Conditions have been updated, he agrees to the changes made.

17.3. The Company shall have a right to suspend Services if:

17.3.1. The Client does not support the Company with required documents and/or other information;

17.3.2. The Client does not pass periodically required KYC procedures;

17.3.3. It is requested by competent authorities;

17.3.4. It is required under the applicable laws;

17.3.5. There are other objective circumstances.

17.4. The Company shall have a right to terminate the relationships unilaterally with immediate effect if:

17.4.1. The Client uses Services for illegal purposes or otherwise executes other improper actions (including but not limited to usage of a market abuse techniques) which violate laws;

17.4.2. The Client provides to the Company with incorrect and/or incomplete information or does not provide, avoids or refuses providing any required information to the Company;

17.4.3. In the opinion of the Company, a Client is engaged in the field of activity with a high level of c of Money Laundering and Terrorist Financing;

17.4.4. In the opinion and assessment of the Company, the Client’s profile is the high-risk one;

17.4.5. according to the information available to the Company, the Client is engaged in activities without holding the required licenses or other authorizations issued by competent public authorities;

17.4.6. the Client is/or related to persons who do not comply, violate and/or evade the requirements of the international sanctions;

17.4.7. the Client is engaged in other activities which do not comply with Company’s risk appetite;

17.4.8. there are other objective circumstances.

18.  Applicable law and languages. Dispute resolution

18.1. The Terms and Conditions are governed by the laws of the Republic of Lithuania.

18.2. All communication between the Parties shall be conducted in Lithuanian or English.

18.3. Any dispute arising out of or in connection with provision of Services will be settled through negotiation. In the event of a failure to reach an amicable settlement, the dispute must be settled in accordance with the procedure provided for by the laws of the Republic of Lithuania.

18.4. Where the registered address or domicile of the Client is not in the Republic of Lithuania, disputes not settled through negotiations shall be adjudicated in accordance with the procedure established by the laws of the Republic of Lithuania before a competent court in Vilnius City, according to the registered office of the Company.

19. Fair Use

19.1. By using the Service, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a wrongful act, a crime or a tort. You are solely responsible for your conduct while using our Service.

19.2. Without limiting the generality of the foregoing, you agree that you will not use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of Service.

19.3. You agree that you will not use Service to pay for, support or otherwise engage in any illegal gambling activities, money-laundering, financing terrorist activities, fraud or other illegal activities.

19.4. You agree that you will not use any robot, spider, crawler, scraper or other automated means or interface not provided by the Company to access Service or extract data.

19.5. You agree that you will not use or attempt to use another user’s profile.

19.6. You agree that you will not develop any third-party applications that interact with Service.

19.7. You agree that you will not use Service by providing false, inaccurate, or misleading information.

19.8. By opening a profile, you confirm that you will not use our Services in connection with the businesses, activities, practices, or items as listed in the Schedule 1 – Prohibited Businesses.

20. Third-party content

20.1. While using Service, Client may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook links.

20.2. The Company does not control, endorse or adopt any such third-party content and shall have no responsibility for such content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable.

20.3. The Company is not responsible or liable for any loss or damage of any sort incurred from any dealings with third parties.

20.4. Interaction and use of third party content are solely at your own risk.

21. Final provisions

21.1. All notices, requests, demands and other communications under these Terms and Conditions shall be in writing, including by electronic mail, and shall be deemed to have been duly given if delivered by hand, courier, registered post, ordinary mail or electronic mail agreed by Parties.

21.2. The Client consent to receive electronically all communications, agreements, documents, receipts, notices, tax forms, and disclosures the Company provides in connection with the Services.

21.3. The Parties undertake to immediately inform each other of any change in their contact details as set out in the particulars of these Terms and Conditions.

21.4. If a client’s email address or mobile phone number becomes invalid, such that electronic communications sent to client are returned, the Company may deem your profile to be inactive.

21.5. The Client must immediately inform the Company on all Customer’s data or circumstances that have changed compared with those specified in the documents earlier submitted by the Client to the Company (e.g., upon change of the Client‘s or his/her representative citizenship, about becoming politically exposed person (PEP), other information indicated in KYC questionnaire).

21.6. If the Customer does not inform the Company about changes to their address or contact details, they cannot claim that the Company’s actions based on the last known contact details are not in line with the Agreement or that they did not receive notifications from the Bank.

21.7. The Client shall be familiarised with the Terms and Conditions before execution of any transactions. The Client before placing of the Order shall approve by electronically means that he/she was familiarised with the Terms and Conditions.

21.8. When texts are concluded in two languages, in the case of conflict of translation, the Lithuanian language shall prevail.