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Terms of Service

Last revised: December 24, 2021

1. Introductory provisions

1.1. This document (hereinafter referred to as “Terms”, “Agreement”) constitutes conditions for using Munzen Platform as a User.

1.2. Ultiment s.r.o., a company incorporated under the laws of Czech Republic ("We", "Us", or "Our" and "Munzen", as applicable), having its business address at: Bílkova 855/19, 110 00 Prague, Czech Republic, provides you with the ability to use Munzen Platform as a User. Ultiment s.r.o. has been granted a trade license for providing services related to virtual assets.

1.3. Please read this Agreement carefully before you start to use Munzen Platform.

1.4. These Terms (always together with the documents referred to in it) tells you who We are, explains many of your responsibilities to Us and Our responsibilities to you, how this Agreement may be changed or ended, what to do if there is a problem and/or other important information. If you think that there is a mistake in this Agreement or require any changes, please contact Us at hello@munzen.io.

1.5. These Terms refer to the following additional documents (hereinafter "Additional documents"), which also apply to your use of Munzen Platform:

  1. Our Privacy Policy, which sets out the terms on which We process any personal data We collect about you, or that you provide to Us. By using Munzen Platform, you consent to such processing and you promise that all data provided by you is accurate.
  2. AML/KYC Policy;
  3. Refund Policy.

1.6. By visiting our Website and/or using Munzen Platform, you agree to be bound by these Terms (including Additional documents referred to above). If you do not agree with above, please do not use Munzen Platform.

1.7. The functionalities available to you, as a User within Munzen Platform, are described on our Website and/or Munzen Platform.

2. Definitions

In this Terms:

  1. Business Day means a day other than a Saturday, Sunday or a public holiday in the Czech Republic when financial institutions in the Czech Republic are open for business.Fees mean the fees, if any, we will charge you for the usage of Munzen Platform as a User, the details of which are set out on our Website.
  2. Fees mean the fees, if any, we will charge you for the usage of Munzen Platform as a User, the details of which are set out on our Website.
  3. Fiat Currency means a currency which in accordance with valid laws is legal tender.
  4. Merchant means an entity that offers products and/or services and/or works of art for sale for business purposes and receives payments in Cryptocurrency with Munzen Platform.
  5. Munzen Platform means a computer program with relevant user interfaces available on the Website and/or otherwise accessible, owned, administered, supported and developed by Us and intended to collection and processing of payments in Virtual Assets;
  6. User means you - a person who uses Munzen Platform in order to make payments in Virtual Assets to the Merchant.
  7. Website means any webpage, including but not limited to https://munzen.io, where We provide the you with the ability to use Munzen Platform.
  8. Wallet means a cryptographic storage solution that permits to send, receive, and/or store Cryptocurrency.
  9. Virtual Asset (also “Cryptocurrency”, “Virtual currency”, “Digital currency”) means a digital representation of value that can be digitally traded, or transferred, and can be used for payment purposes.

3. Use of Munzen Platform and Intellectual Property Rights

3.1. In consideration of you agreeing to abide by these Terms, We grant you a non-transferable, non-exclusive license to use Munzen Platform, subject to these Terms.

3.2. You shall acknowledge and agree that the performance of Munzen under these Terms will provide you with access to various documents, processes, software and other technologies and materials, to which Munzen and/or one or more third parties related with Munzen will hold all intellectual property rights, including (a) copyrights, rights affording protection similar to copyright, rights in databases, patents and rights in inventions, trademarks, rights in internet domain names and website addresses and other rights in trade names, designs, know-how, trade secrets and other rights in Confidential Information, including under marketing legislation; (b) all other rights having equivalent or similar effect in any country or jurisdiction in the world (collectively "Intellectual Property Rights").

3.3. All copyrights, trademarks, patents, trade secrets and other Intellectual Property Rights relating to Munzen Platform, including the systems, platforms, software and documentation provided by Munzen to you are the property of Munzen and/or the third party which granted Munzen the right to provide/supply them, shall remain at all times the sole and exclusive property of Munzen or the relevant third party, and you shall have no right or interest in them except for the right to access and use them in order to Munzen Platform under these Terms.

4. Who can use Munzen Platform

4.1. You are permitted to use Munzen Platform if you comply with all the following criteria:

  1. you have the capacity to enter into and be bound by these Terms and any other document related thereto;
  2. in case of legal representation, you are duly authorized to enter a contractual relationship with us based on these Terms on behalf of the person you are representing;
  3. in case of a natural person you must be 18 years or older to use Munzen Platform and by using Munzen Platform you declare that you are 18 years or older. We may ask you at any time to show proof of your age;
  4. in case of a legal person, it is duly established and operates in a country in which our Website and Munzen Platform are legally accessible;
  5. your financial status allows you to accept the risks relating to Virtual Assets;
  6. you have provided accurate and complete information and documents requested by Us;
  7. we are satisfied with the outcome of any identity, fraud and background checks which we will conduct in relation to you at any time during the term of your relationship with us;
  8. you do not use / intend to use Munzen Platform for anything that is unlawful, malicious or that could disable, overburden, or impair the proper working of Munzen Platform or may hurt our reputation or otherwise pose any threat to us;
  9. at all times you comply with the Terms as well as all applicable laws and regulations.
  10. you reside in a country in which our Website and Munzen Platform are legally accessible;

You take responsibility for any consequences of your breach of this section.

5. Your obligations

5.1. to act in good faith and adhere to these Terms as well as other provisions governing the usage of Munzen Platform as a User, and timely as well as properly fulfil your obligations to us;

5.2. to provide us with information, documents and data which is accurate, correct, up to date, not misleading and free of viruses or other computer programs or files that could interfere with normal functioning of Munzen Platform and/or related applications;

5.3. to promptly (not later than on the same Business Day (in case of non-Business Day, on the earliest Business Day) as you become aware of that) notify us of improperly functioning Munzen Platform;

5.4. to promptly (not later than on the same Business Day (in case of non-Business Day, on the earliest Business Day) as you become aware of that) report to us any suspicions about compliance with these Terms and not use Munzen Platform until we instruct otherwise;

5.5. at all times to comply with all applicable laws and regulations.

6. Our obligations to you

6.1. to act in good faith and with discretion to best meet your interests;

6.2. to strive to enable the intended use of the Website and Munzen Platform, take timely measures to correct any operation faults with Munzen Platform;

6.3. to timely and properly fulfil our obligations to you.

7. Getting to know you

7.1. We are required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction for example, your recipient). You agree to comply with any request from Us for further information and provide such information in a format acceptable to Us. In addition, you agree that We may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to Us, including checking commercial databases or credit reports.

7.2. We may ask you to pass a verification procedure as a condition of access to Munzen Platform.

8. Representations and Warranties

8.1. By accepting these Terms, you:

  1. confirm that you are eligible to use Munzen Platform by complying with criteria listed in section 4;
  2. confirm that you have read these Terms;
  3. commit to be bound by these Terms;
  4. agree and acknowledge that any and all actions performed by using Munzen Platform shall be valid and causing the same legal effects as the actions formalized by a paper document signed by you, and if you are acting on behalf of a legal entity, then also by a paper document signed by you and endorsed with the stamp of such entity;
  5. confirm that you have enough knowledge relating to Virtual Assets to use Munzen Platform, and understand that you are solely responsible for determining the nature, potential value, suitability, risks and appropriateness of Munzen Platform;
  6. confirm that we have not advised you, nor individually recommended to you, to use Munzen Platform, excluding any advertisement of Munzen Platform;
  7. confirm to notify us immediately, no later than within 10 (ten) calendar days, of any changes to any information you have provided to us in connection with these Terms and/or of any circumstances that have or are likely to have a negative impact on the due discharge of your obligations to us and/or of any circumstances that are material for the performance of these Terms e. g. your name/title, email address, etc. At the request of Munzen, you must also submit any documents (originals, duly certified paper copies or scanned copies) supporting such changes in information or circumstances, irrespective of whether such information or documents have been provided to public registers;
  8. confirm and understand that financial regulations, financial codes, financial ethics and contractual requirements vary worldwide, and it is your responsibility to make sure that you comply with any and all local regulations, directives, restrictions and laws in your local place of residence before using Munzen Platform;
  9. confirm that your use of Munzen Platform does not violate any applicable laws or regulations of any jurisdiction that applies to you.

8.2. By accepting these Terms, you represent and warrant that all of the above is true and accurate on the day of acceptance of these Terms and shall remain true and accurate until you cease to use Munzen Platform.

8.3. For the avoidance of doubt, representations and warranties are personal statements or assurances given by you which we will rely on when we allow you to use Munzen Platform.

8.4. To the extent permitted by law we do not warrant the reliability, availability, accuracy or completeness of information on Munzen Platform. All information is provided “as is” without warranty of any kind, express or implied.

8.5. We do not warrant that the functions, functionality contained in Munzen Platform will meet your requirements or that the operation of Munzen Platform will be uninterrupted or error free.

9. Prohibited use and security

9.1. You are responsible for configuring your information technology, computer programmes and platform in order to access Munzen Platform. You should use your own virus protection software. We cannot guarantee that Munzen Platform will be free from bugs or viruses.

9.2. You must not misuse Munzen Platform by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, our servers, computers or databases. You must not attack our Website and Munzen Platform with any type of denial of service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and/or Munzen Platform will cease immediately.

9.3. We may stop or suspend your use of Munzen Platform if we have reasonable grounds for doing so relating to the security of Munzen Platform or the suspected, unauthorized or fraudulent use of Munzen Platform. We shall not be held liable for your losses incurred as a result of blocking your access to Munzen Platform and shall not pay to you any penalty.

10. Fees

If applicable, you must pay the Fees in connection with the payments made with Munzen Platform. We will not process your transaction until we have received the Fees from you. The amounts of Fees may be visible before you make the payment.

11. Liability

11.1. To the extent permitted by law, Munzen excludes all liability and responsibility for any losses, damages, costs or expenses, whether in tort (including negligence), contract or otherwise and whether direct, indirect, or consequential (including in connection with business interruption), which you or any other person may suffer or incur in connection with the use or inability to use Munzen Platform, and in respect of any Virtual Asset or otherwise.

11.2. We take no responsibility for and will not be liable for any financial loss arising from your use of Munzen Platform, including, but not limited to, fluctuations of Virtual Asset; system hacks; server failure or data loss; technical faults of the Virtual Asset system; forgotten passwords (long-term and one-time); security of your passwords (long-term and one-time); unauthorized access; corrupted files or data.

11.3. We are not liable for business losses. If you use Munzen Platform for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.4. We are not liable for technological attacks. We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programmes, data or other proprietary material related to your use of Munzen Platform.

11.5. We have no control over websites linked to and from our Website. We assume no responsibility for their content or any loss or damage that may arise from your use of them.

11.6. Without any limitation of other terms in these Terms, you acknowledge that Munzen  bears no liability for any damage, loss (including loss of profit), delay, inconvenience, failure in performance or interruption of the use of Munzen Platform, in each case caused by or resulting from (directly or indirectly):
- any computer virus, spyware, scareware, Trojan horse, worms or other malware or cyber, phishing or spoofing attack that may affect your computer or other device;any “hard fork”, “soft fork”, or other change in the operating rules of an underlying VirtualAsset network;
- any suspension of Munzen Platform permitted under these Terms;
- any other cause or condition beyond our reasonable control.

11.7. We take no responsibility for and will not be liable for any non-compliance with Munzen Platform’s quality or quantity requirements laid down in these Terms or provided otherwise e. g. on our Website, if such our non-compliance is caused due to non-performance or improper performance of any obligations of any third parties engaged by us for the maintenance of Munzen Platform.

11.8. You are liable for breaking this Agreement or applicable laws. In the unlikely event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable law or regulation and/ or your use of Munzen Platform, you agree to compensate Us and our affiliates and hold Us harmless. This provision will remain in effect after our relationship ends.

11.9. In the event you are liable for any amounts owed to us, you agree to reimburse us. We may also recover amounts you owe us through legal means, including, without limitation, through the use of a debt collection agency.

11.10. We do not provide any financial, investment or legal advice in connection with Munzen Platform. We may provide information on the price, range, volatility of Virtual Assets and events that have affected the price of Virtual Assets, but it should not be considered as investment or financial advice and should not be construed as such. Any decision relating to Virtual Assets is your decision and we will not be liable for any loss suffered in relation thereto.

11.11. The Merchant is solely responsible for offered products and/or services and/or works of art, its quality, shortcomings and independently resolves all disputes related to refunds, chargebacks and other similar issues. You agree that Munzen shall not be a party to any such dispute or issue.

12. Accessing Munzen Platform

12.1. We will try to make sure Munzen Platform are available to you when you need them. However, we do not guarantee that Munzen Platform will always be available or be uninterrupted.

12.2. We may suspend, withdraw, discontinue or change all or any part of Munzen Platform without notice.

12.3. We will not be liable to you if for any reason Munzen Platform are unavailable at any time or for any period.

12.4. You are responsible for making all arrangements necessary for you to have access to Munzen Platform.

13. Third-Party Products and Services

13.1. You acknowledge that Munzen Platform may enable or assist you to access, interact with, and/or purchase goods and services from several supported platforms and other third parties via third-party websites or applications (collectively, "Third-Party Services"). Such Third-Party Services are not under the control of Munzen, Munzen does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and is not responsible for any Third-Party Services.

13.2. You use all Third-Party Services at your own risk, and should apply a suitable level of caution and discretion in doing so. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, and not with Munzen.

13.3. You shall comply in all respects with all applicable terms of the Third-Party Services that you access or subscribe to in connection with Munzen Platform.

13.4. If at any time any Third-Party Services cease to make their programs available to us on reasonable terms, we may cease to provide such features to you without entitling you to refund, credit, or other compensation.

14. Information collection

14.1. With regard to your use Munzen Platform we may automatically collect the following information:

  1. details of the transactions you carry out when using Munzen Platform, including amounts, currency, Wallets and other blockchain related information;
  2. technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
  3. information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Website; products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number or email used to connect with our customer support.

14.2. Information we receive from other sources. We may receive information about you if you use any of the other websites We operate or the other services We provide. We are also working closely with third parties, such as Merchants and may receive information about you from them.

15. Linking to the Website

15.1. You may link to Website provided you follow certain rules:

  1. you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
  2. you do not suggest any form of association, approval or endorsement on our part where none exists;
  3. you do not frame our Website on any other site.

15.2. We reserve the right to withdraw linking permission without notice.

16. Termination of the Agreement

16.1. We may terminate this Agreement by giving you one months’ notice.

16.2. You may terminate this Agreement by giving Us one months’ notice.

16.3. We may stop or suspend your use of Munzen Platform and/or terminate Agreement without notice in certain circumstances, including (but not limited) the following cases:

  1. you breach any provision of this Agreement, including representations and warranties section, or documents referred to these Terms;
  2. we are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency;
  3. we have reason to believe you are in breach of any applicable law or regulation; or
  4. we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity

16.4. We may suspend your use of Munzen Platform for security reasons. We may suspend your use of Munzen Platform if we have reasonable concerns about suspected unauthorized or fraudulent use of Munzen Platform.

16.5. We will give you notice of suspension where possible. We will give you notice of any suspension or restriction and the reasons for such suspension or restriction as soon as we can, either before the suspension or restriction is put in place, or immediately after, unless notifying you would be unlawful or compromise our reasonable security measures. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.

17. Our right to make changes

17.1. We shall have a right to amend these Terms unilaterally by publishing the amended Terms on our Website. The amendment of the Terms shall come into force in 30 (thirty) calendar days upon their publication on our Website.

17.2. You shall be deemed to have accepted those amendments if you do not notify Us before the date of their entry into force that they are not accepted.

17.3. If you object by emailed notice to any proposed amendment in a timely manner, you shall have a right to terminate these Terms by submitting an emailed notice of such termination.

17.4. If you do not notify us of termination of these Terms as specified under clause 17.3, proposed amendments to the Terms shall come into effect from the date specified in clause 17.1.

17.5. Amendments shall not have retrospective effect and shall not affect any rights and/or obligations that have arisen between you and us before amendments came into effect.

18. Confidentiality

18.1. The Parties acknowledge that, from time to time, the Party (the “Disclosing Party”) may disclose to the other Party (the “Receiving Party”) either directly or indirectly by way of using Munzen Platform, electronically, in writing, orally or otherwise, information which is proprietary or confidential or which would, under the circumstances, be understood by a reasonable person to be proprietary and non-public, including without limitation, technical data, know-how, trade secrets related to activities of any of the Parties, the non-public Munzen information and all unpublished service manuals, information, data and other similar materials or records provided by the Party to the other Party pursuant to these Terms or otherwise (“Confidential Information”).

18.2. The Receiving Party shall use such Confidential Information solely for fulfilling its responsibilities and obligations under these Terms and for no other purposes. The Receiving Party shall retain such Confidential Information in strict confidence and shall not disclose it to any third party without the Disclosing Party’s written consent, except to the third party(-ies) engaged/contacted by Munzen in order to ensure maintenance of Munzen Platform /compliance with applicable legislation as well as to law enforcement.

18.3. Each Party shall use at least the same procedures and degree of care which it uses to protect its own Confidential Information of like importance, and in no event less than reasonable care, and shall be responsible and liable for any use or disclosure of the Confidential Information, including by its employees or other related persons, in violation of these Terms.

18.4. The Party shall immediately notify the other Party of any unauthorized use or disclosure, or suspected unauthorized use or disclosure of Confidential Information.

18.5. The obligations set forth in this section shall not apply to information that the Receiving Party is able to demonstrate, through clear and convincing evidence:

  1. was already known to the Receiving Party without an obligation of confidentiality at the time of disclosure;
  2. was generally available to the public at the time of its disclosure to the Receiving Party hereunder;
  3. or omission of the Receiving Party in breach of these Terms; or
  4. was subsequently, lawfully and independently disclosed to the Receiving Party by a person other than the Disclosing Party, not in violation of the confidentiality agreement, arrangement or understanding with such person.

18.6. In the event that any disclosure of the Confidential Information is required by you pursuant to applicable law, you shall provide us a reasonable notice and opportunity to contest the need for such disclosure, or to seek a protective order therefor. If we fail to contest the need for such disclosure or to obtain a protective order, you may disclose only that portion of the Confidential Information that is legally so required to be disclosed, provided that any Confidential Information so disclosed shall maintain its confidentiality protection for all purposes other than such legally required disclosure.

18.7. You shall acknowledge and agree that the disclosure of information which may be considered as confidential to competent authorities and subcontractors of Munzen as well as other persons engaged/contacted by Munzen for the maintenance of Munzen Platform/compliance with applicable legislation, shall not be considered as a breach of the confidentiality obligations.

19. Communication

19.1. Any communication between you and Us shall take place primarily via emails. You must at all times provide at least one valid email address by using Munzen Platform. You should check for incoming messages regularly and frequently, these emails may contain links to further communication on our Website. If you don’t maintain or check your email and other methods of communications, you will miss emails about your transactions and Munzen Platform. We cannot be liable for any consequence or loss if you don’t do this. If we have reasonable concerns about any suspected or actual fraudulent use of Munzen Platform, we will contact you via email.

19.2. In addition to communicating via email, we may contact you via letter or telephone where appropriate. If you use any mobile services, we may also communicate with you via SMS. Any communications or notices sent by:

  1. Email will be deemed received by you on the same day if it is received in your email inbox before 5pm on a Business Day. If it is received in your email inbox after 5pm on a Business Day or at any other time, it will be deemed received on the next Business Day.
  2. Post will be deemed received three days from the date of posting for Czech post or within five days of posting for international post.
  3. SMS will be deemed received the same day.

19.3. Where legislation requires us to provide information to you on a durable medium, we will either send you an email (with or without attachment) or send you a notification pointing you to information on our Website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. Do keep copies of all communications we send or make available to you.

19.4. If you need a copy of the current Agreement or any other relevant document, please contact hello@munzen.io.

19.5. This Agreement is made in the English language. Documents or communications in any other languages are for your convenience and only the English language version of them are official.

19.6. If you have any complaints about Us or Munzen Platform, you may contact us at hello@munzen.io.

20. Closing Provisions

20.1. Nobody else has any rights under this Agreement. This Agreement is between you and Us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end or make any changes to this Agreement.

20.2. We may transfer this Agreement to someone else. You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under this Agreement without our prior written consent. We reserve the right to transfer, assign or novate this Agreement or any right or obligation under this Agreement at any time without your consent.

20.3. If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

20.4. Even if we delay in enforcing this Agreement, we can still enforce it later. If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date.

20.5. This Agreement supersedes any other previous agreements. This Agreement supersedes and extinguishes all previous agreements between you and Munzen, whether written or oral, relating to its subject matter.

20.6. Which laws apply to this Agreement and where you may bring legal proceedings. This Agreement is governed by Czech Republic law. Any dispute between you and us in connection with your Munzen Platform and/or this Agreement may be brought in the courts of the Czech Republic.

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