Terms of Service

Terms of Service - Catalyst s.r.o.

1. TERMS AND DEFINITIONS

Asset – Fiat currency, and digital assets such as Cryptocurrencies – coins and tokens.

Questionnaire – an online application to open an Account with us that contains a questionnaire to be filled in by you at the outset of our business relationships or to update certain information about you during our business relationships.

Cryptocurrency – digital representation of value which uses blockchain, decentralized ledger and cryptographic means for validation of ownership and validation of transactions (i.e. Bitcoin, Ethereum, etc.).

Fiat currency – government-issued currency, that is designated as legal tender in its country of issuance through government decree, regulation, or law.

Funds – Cryptocurrency and/or Fiat currency.

RFQ or Request for Quotation – Customer’s indication of interest to Buy or Sell Cryptocurrency on certain conditions, sent to us for preliminary pricing.

Customer – a person or an entity that uses the Services, agrees to follow the Terms of Services and is a holder of an Account. “You” or “your” within these Terms of Service are all references to the Customer.

Services – provision of services of exchanging a Cryptocurrency against Fiat currency; a Cryptocurrency wallet services and services of exchanging Cryptocurrencies.

Service Provider – Company Catalyst s.r.o., registration number: 13963554, legal address at: Bilkova 855/19, Old Town, 110 00, Praha 1, Czech, e-mail: [email protected], Website: https://finassets.io/, that provides Services. “Us”, “we”, “our/s” are all references to the Service Provider.

Withdrawal – a transaction involving a transfer of Funds from the Customer’s Account to a bank account in case of Fiat currency, or a transaction involving a transfer of Funds to a designated cryptocurrency address in case of Cryptocurrency.

TOS – these Terms of Service of the Service Provider (also referred to as the Agreement or the Contract), regulating relationships between the Service Provider and the Customer. All forms or applications filled by you electronically shall be subject to and governed by TOS and constitute an integral part to these TOS.

Order – your instruction to us to carry out a certain type of operation with your Assets.

Trade Order – your instruction to Buy or Sell Cryptocurrency on certain conditions, submitted to us for handling and execution.

Funding Order – your instruction to Deposit or Withdraw an Asset to/from your account, submitted to us for handling.

Politically Exposed Person or PEP – is a natural person who is or who has been entrusted with prominent public functions including a head of state, head of government, minister and deputy or assistant minister; a member of parliament or of a similar legislative body, a member of a governing body of a political party, a member of a supreme court, a member of a court of auditors or of the board of a central bank; an ambassador, a chargé d'affaires and a high-ranking officer in the armed forces; a member of an administrative, management or supervisory body of a state-owned enterprise; a director, deputy director and member of the board or equivalent function of an international organisation, except middle-ranking or more junior officials.

The provisions set out above also include positions in the European Union and in other international organizations. A family member of a person performing prominent public functions is the spouse, or a person considered to be equivalent to a spouse, of a politically exposed person; a child and their spouse, or a person considered to be equivalent to a spouse, of a politically exposed person; a parent of a politically exposed person. A close associate of a person performing prominent public functions is a natural person who is known to be the beneficial owner or to have joint beneficial ownership of a legal person or a legal arrangement, or any other close business relations, with a politically exposed person; and a natural person who has sole beneficial ownership of a legal entity or legal arrangement which is known to have been set up for the de facto benefit of a politically exposed person.

FIU – Financial Intelligence Unit of the Police of Czech.

KYC or Know Your Customer procedures – collection and analysis of Customer’s information and documents in order to identify you, and conduct due diligence, for the purpose of assessing the risks for a business arising from dealing with you as a Customer.

AML or Anti-money Laundering – set of procedures, laws, and regulations designed to prevent Money Laundering and terrorism financing.

Money Laundering – is a set of activities with the property derived from criminal activity or property obtained instead of such property with the purpose to:

1. conceal or disguise the true nature, source, location, disposition, movement, right of ownership or other rights related to such property;
2. convert, transfer, acquire, possess or use such property for the purpose of concealing or disguising the illicit origin of property or of assisting a person who is involved in criminal activity to evade the legal consequences of his or her action;
3. participation in, association to commit, attempts to commit and aiding, abetting, facilitating and counselling the commission of any of the actions referred to subsections i and ii.

Regulator – an authority, such as Czezh Financial Administration, dedicated to oversee regulation or supervision, which subjects us to certain requirements, restrictions and guidelines, aiming to maintain the integrity of the financial system.

Party – Service Provider or Customer, one of the sides of the Agreement.

Parties – Service Provide and Customer, both sides of the Agreement.

Account – a Customer record, linking the identity of the Customer to all their Asset balances and transactions. An account is assigned with a unique Account / Customer ID.

Accessor – a person or an entity, authorized by a Customer to access their Account and to execute some or all types of transactions, based on assigned permissions. An Accessor is assigned a unique Accessor ID.

Platform – an environment created by the Service Provider that allows you to access the Services electronically, including depositing and withdrawing Assets, exchanging Assets, reviewing the balances and transaction, and accessing the reports.

Messenger – an instant messaging service.

Website – our website’s address: https://finassets.io/

2. GENERAL PROVISIONS

2.1. The TOS, regulate the Exchange of Assets via Catalyst s.r.o. and have been developed by Catalyst s.r.o. (further – Service Provider or “we”, “us”, “our”) in accordance with Czech legislation.

2.2. The TOS define the basis, terms and procedures of how we provide the Service to legal entities and individuals (including persons with “self-employed” or “sole proprietor” statuses as defined by Czech laws) (further – Customer or “you”, or “your”), and govern the relationships between the Service Provider and the Customer (further – Parties) which arise from the contractual obligations in regard to provision of Service.

2.3. The TOS define the basis, terms and procedures of how we conduct our operations of exchanging Assets, including the ”GDPR/Privacy Policy” and other provisions available on the Website. Therefore, by unconditionally accepting these TOS, you also expressly acknowledge being informed of, and agree to all Policies published on the Website.

2.4. If you do not accept, or cannot accept - fully of partially – the contents of these TOS, you may not use our Services. If you use our Services, then it is deemed that you accept these TOS and other provisions as published on our Website.

2.5. We provide our Services pursuant to laws and regulations in force in Czech.

2.6. Parties to this Agreement are considered to have entered into an ongoing business relationships once you have filled or submitted all the necessary electronic or paper forms as per these TOS and we have formally notified you that your Account has been opened and verified.

2.7. The TOS shall not be considered as Public Offer, and we retain a right to deny Service based on our own discretion, without disclosure of the reasons of such decision.

2.8. The TOS are publicly available and are distributed without limit to any concerned parties. The text of the most recent version of the TOS is available on the Website.

2.9. Before we may engage into business relationships with you, we are obliged to identify you in accordance with our internal KYC and AML procedures, and laws and regulations of Czech.

2.10. We have a right to amend these TOS, its annexes and any other legal documents governing our relationships in accordance with Czech laws and regulations. Such amendments shall come into force within 5 (five) working days after being published on the Website. The publishing of amended TOS itself are considered to be due notification to the Customer. This, however, does not apply to custom/individual TOS that are mutually agreed with some customers. Custom or individual TOS may only be amended by signing an amendment to the custom/individual additional TOS with any particular customer.

2.11. We may agree to amend or supplement these TOS, in which case these TOS will be considered as custom or individual as far as such amendments or supplements do not contradict with the laws or regulatory requirements of Czech, or requirements of other competent authorities overseeing provision of our Services to you.

2.12. Any amendments that we introduce to these TOS due to provisions or requirements introduced by Czech legislation that may affect this Agreement shall be effective upon such provisions or requirements entering into force in Czech.

2.13. Any amendments of the electronic forms that affect these TOS, shall be effective upon such amendments within electronic forms are made.

2.14. Any changes, amendments or supplements to these TOS and/or other internal documents that may regulate our relationships, which are introduced in accordance with the above described procedure, are applicable to all users or customers who have given their consent to the TOS, including those who have given their consent prior to introduction of the said changes, amendments or supplements.

2.15. The TOS comes into effect at the moment of being published and has unlimited term of validity, and until a more recent version is published at the Website.

2.16. You shall keep track of the TOS by duly monitoring the published version of the TOS, as well as regularly check the e-mail address you declared with us so not to skip any notifications that we might send you. You acknowledge that you bear all the risks of any negative consequences of non-compliance with the TOS due to not being informed of changes in TOS and its integral documents, such as, for example, any electronic forms we ask you to fill in during our business relationships.

3. How this Agreement is concluded, what it is about, and communication between Parties

3.1. Subject of the Agreement

3.1.1. We provide Service that enables Customers to: deposit and withdraw Assets (Fiat and Crypto), exchange assets (Fiat against Crypto, Crypto against Crypto), review the balances and transactions, and access historical reports.

3.1.2. We provide Service, being rewarded by taking a spread on the quoted prices for Assets exchange.

3.1.3. For the term of Agreement validity, we shall ensure the swift exchange of the Assets, as well as safety of your Assets.

3.1.4. You may conduct the exchange, deposit and Withdrawal of Assets by submitting Orders to us as described in the TOS.

3.1.5. We will inform you about the conditions of Assets exchange.

3.1.6. Having received the conditions of Assets exchange, you shall make a discretionary decision to submit an Order for Assets exchange.

3.1.7. The submission of an Order for an operation with the Asset by you does not guarantee the fulfillment of the Order. We retain the right not to execute the Order:

• if the conditions of the Order do not comply with the previously reached understanding between the Parties in our exchange of messages;
• if we are unable to execute the Order due to changes in the market conditions or other reasons which make the execution impossible at the conditions demanded by you.

3.1.8. The preliminary understanding about the conditions for an operation is reached via submission of an RFQ by you, and a reply with an indicative quotation by us.

3.1.9 Depending on your place of residence, some functions of the Website may not be available to you. It is your responsibility to comply with your local laws and regulations when using the Website.

3.1.10 You acknowledge and agree that trading transactions are traded with us acting solely as a counterparty to such transactions

3.2. Procedure of the Agreement signing.

3.2.1. Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required for all the transactions. In case you refuse to provide the documents and information that may be necessary under the KYC, we reserve a right to immediately terminate the Services provision to you.

3.2.2. You undertake to provide us with correct and relevant documents and personal information contained in the documents. In case you provide counterfeit documents and false personal information, such actions will be considered as a fraudulent activity.

3.2.3. You hereby authorise us to, directly or indirectly (through third parties), make any inquiries as we consider necessary to check the relevance and accuracy of the information provided by you for verification purposes. Personal Data transferred will be strictly limited to what is necessary and protected by security measures.

3.2.4. The ground for initiating business relationships between the Parties is electronically filled and submitted Questionnaire.

3.2.5. For the business relationships to be commenced, you must provide the documents as requested in the Questionnaire.

3.2.6. After receiving all the necessary documents, and conducting a due diligence, we shall make a decision on whether to commence business relationships with you.

3.2.7. We reserve a right not to commence the business relationships with you on a discretionary basis, without an explanation of the reasons for such a decision.

3.2.8. Compliance with our regulatory requirements does not guarantee that we will commence business relationships with you.

3.2.9. In case there have been any changes in your personal, contact or KYC information or any documents submitted by you have expired, you shall notify us immediately and provide us with an updated information and documents.

3.2.10. When entering into a business relationships with us, you shall act in your own interest, and not in the interest of any third parties.

3.2.11. The business relationships between the Parties shall be considered commenced once you receive the notice of Account opening provided by e-mail.

3.2.12. For the avoidance of doubt, if you begin or continue to use our Services, it is deemed that you have fully accepted these TOS and any of its integral documents.

3.2.13. Any Order submitted by you shall also be considered as your acceptance of these TOS and any further amendments or supplements of TOS and any of its integral documents.

3.2.14. The changes to the TOS are considered to be accepted by you at the moment of your first activity on the Platform after the changes have been introduced.

3.2.15. In case you do not agree to any part of the TOS, its integral documents or any other policies, you shall stop using the Services immediately and contact us.

3.2.16. We do not bear any responsibility for any loss incurred or could have been incurred by you or any third party, which occur due to the changes in the TOS, its integral documents or any other policies.

3.2.17. The Parties agree to consider scanned documents to be signed and valid, disregarding future submission of the original documents, if the following conditions are met:

• The documents are signed by a duly authorized person / representative;
• The documents include an authorized seal (for legal entities);
• The documents have been sent to our designated e-mail at [email protected] domain and/or via the Platform;
• You has been authorized on the Platform and/or sent the documents from an e-mail address indicated during registration process for Account opening.

3.2.18. Documents signed by a duly certified digital signature are considered to have the same power as documents’ originals.

3.2.19. We reserve a right to request you to provide us with original documents duly executed by post or courier, in which case we will send you a separate request by e-mail outlining legal requirements applicable to documents we need to receive from you. You hereby expressly agree to satisfy such requests of ours and acknowledge that if no documents as requested under this clause will be provided to us, we reserve a right to reject further provision of our Services to you.

3.3. Exchange of Messages between Parties.

3.3.1. We reserve a right to unilaterally introduce restrictions on means of communication and exchange of Messages, which may entail excluding exchange of documents in paper form.

3.3.2. We shall exchange Messages:

• through the Platform;
• through email communication from authorised addresses;
• through the Internal Messenger.

3.3.3. The main official information channel is our Website: finassets.io.

4. FOR HOW LONG THIS AGREEMENT IS VALID FOR AND HOW IT MAY BE TERMINATED.

4.1. The business relationships come into force in accordance with section 3 of these TOS and are valid until terminated in accordance with this section.

4.2. These TOS have equal mandatory power for both Parties, and may be changed in accordance with the procedure as outlined herein.

4.3. Any Party may terminate business relationships unilaterally, provided that such termination does not harm the agreed rights and interests of the other Party

4.4. The business relationships may be terminated:

• by a Party’s initiative;
• by us when your Account is empty and there are no activity on the Account for one calendar year or longer;
• for other reasons which are within the framework of Czech Republic legislation.

4.5. A party is free to send a notification on its intention to terminate business relationships to the other Party in a free format.

4.6. As soon as we receive your notification on intention to terminate business relationships with us, we will accept no further trading or deposit Orders from you.

4.7. We will execute and settle any Orders accepted from you prior to receipt of the notification on intention to terminate business relationships with us within the next 10 (ten) business days.

4.8. The business relationships will only be considered terminated only once both Parties fulfill their existing liabilities.

4.9. We reserve a right to unilaterally introduce changes to the part of the TOS governing the terms of full or temporary termination of contractual obligations, either individually with a particular Customer, or with all Customers.

4.10. No later than 14 (fourteen) calendar days after the intended termination date, you are obliged to submit Withdrawal Orders for any remaining Assets with us, if no other term has been agreed in the TOS.

4.11. Until you fulfill any existing liabilities stipulated by the TOS, we reserve a right to block your Assets to protect our legitimate rights and interests.

4.12. You also acknowledge and agree that we may, by giving a notice, at our sole discretion to terminate your access to the Website, Platform, and Account, including and without limitation to: limit, suspend or terminate the service and the Accounts, prohibit access to the Website, Platform and its content, services and tools, and take technical and legal steps to keep the you off the Website if there is suspicion that you act unreasonable and cause troubles or create possible legal liabilities, infringing the intellectual property rights of third parties or acting in breach of these TOS. We also reserve a right, when we deem it appropriate and at our own discretion, to suspend or terminate Accounts of Customers for any reason, including and without limitation:

• attempts to gain unauthorized access to the Website or another Customer's account or providing assistance to others' attempting to do so,
• overcoming software security features limiting use of or protecting any content,
• usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities,
• violations of these TOS,
• failure to pay or fraudulent payment for transactions,
• unexpected operational difficulties, or
• upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by the Service Provider, acting at its sole discretion.

4.13. We also reserve a right to suspend Accounts that have been inactive for a period of six (6) months or more and/or to modify or discontinue access to the Website or Service. You agree that we shall hold no liability to you or to any third party for terminating the Account or withdrawing access to the Website.

4.14. Upon termination, you shall provide a valid bank account details or cryptocurrency address to allow the transfer of any Assets left at your Account. We shall then transfer the remaining balance of your Account as soon as possible after we receive the Customer's Withdrawal Order.

4.15. You acknowledge and note that when we return the remaining balance of your Account back to you following your Withdrawal Order’s instructions, financial intermediaries that process the payment may apply additional transfer charges that sometimes may not be calculated and known in advance. We will use all reasonable efforts to ensure that such charges are disclosed to you prior to sending the payment to you. However, you shall bear any such charges as applied by intermediary financial institutions irrespectively of whether these have been known or unknown in advance of the return payment.

4.16. In case you have not used (either logged in or deposited) your Account for more than six (6) months, we shall consider your Account as “abandoned”. Abandoned accounts may be deactivated, in which case [..].

5. Main conditions, our Rights rights and obligations, of the Parties. Representations and warranties.

5.1. Main conditions.

5.1.1. It is prohibited to use our Services for fraudulent or any other illegal activities.

5.1.2. An exchange or funding operation shall be deemed concluded once the transaction has been settled to your Account.

5.1.3. You may not cancel the operation once its execution has begun, or demand to roll back an operation after the Order has been submitted.

5.1.4. In case you do not agree with these TOS or Services provided by us, you shall withhold from using our Services without delay.

5.1.5. The Parties accept the obligation to notify each other in case any significant changes in their details. If you fail to notify us of any changes in a timely manner, you shall bear the risk of any consequences of such failure. You shall use communications channels as described at section 3.3 to notify us on any such changes. We will publish any changes relating to Services and these TOS on our Website: https://finassets.io/ or alternatively we may send you an e-mail on the e-mail address indicated by your during the registration for Account opening.

5.1.6. All Services are provided on “AS IS” basis, without guarantees of any kind, either expressed or implied.

5.1.7. We will take all reasonable steps to keep the Website up and running (including the Platform) however, all online services suffer from occasional disruptions and outages and we shall not be liable for any disruption or loss you may suffer as a result of such disruption. Respectively, we do not provide any guarantees that access to the Website will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.

5.1.8. We will use reasonable endeavours to ensure that you have constant access to the Website (including the Platform). Although we may suspend use of the Website (including the Platform) for maintenance and will make reasonable efforts to notify you beforehand unless there is an emergency in place.

5.1.9. Please note that we do not provide any financial, investment or legal advice in relation to our Services. We may provide information on the price, range, volatility and events that have affected the price of Cryptocurrencies, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Cryptocurrencies is yours solely and we shall not be liable for any losses you may suffer as a result of such decision.

5.1.10. The Parties agree that funds received from you are considered as a pre-funding of planned exchange operations. Any unused balances resulting from deposits, or exchange operations at the end of the trading day will be rolled over as pre-funding for the next trading day on a continuous basis.

5.1.11. You acknowledge that we do not offer a service of storing idle funds for any purpose, and are not acting as a wallet provider, a banking institution, or any other type of institution whose service is safekeeping of assets. The only purpose of holding the Customer’s funds is to guarantee/fund the intended trades between the crediting of the funds and actual exchange operation.

5.2. Your rights and liabilities.

5.2.1. You have a right to use the Platform and the Services if you fully and unconditionally accept these TOS, any integral documents and Policies published on the Website, and comply with those.

5.2.2. You have a right to withdraw your Assets in case you disagree with the TOS or changes to the TOS, or in case of termination of business relationships.

5.2.3. You have a right to withdraw the balance of any unused pre-funding, or proceeds of exchange operations, in full or partially.

5.2.4. You are obliged to study these TOS carefully, its integral documents and other provisions as presented at the Website.

5.2.5. You accept an obligation to comply with all conditions of the TOS, including its integral documents and other provisions as presented at the Website.

5.2.6. You accept an obligation to monitor the latest versions of TOS, including its internal documents and Policies, as available at the Website.

5.2.7. You accept an obligation to notify us of any suspicious activity, inconsistencies or unauthorized access that may take place on your Account. In case of a failure to do so, we shall not bear any responsibility for any losses arising from such failure whatsoever Such notifications must be submitted by email to [email protected]. Failure to do so may lead to liabilities for the losses of the Service Provider or other customers.

5.2.8. You undertake not to use the Services for any criminal activity, including Money Laundering and Terrorist Financing, illegal gambling operations, redemption of drug related funds, or funds acquired through criminal activity, including online hacking activity. You shall be fully liable for any financial and reputational losses that we may suffer as a result of such activities.

5.2.9. Nothing in these TOS excludes or limits your liability for fraud, death or personal injury caused by negligence, breach of the terms implied by operation of law or any other liability which may not be limited or excluded by contractual provisions.

5.2.10. You shall be solely responsible for determining whether any contemplated transaction is appropriate for you based on your personal goals, financial status and risk appetite.

5.2.11. Any payment instruments that you add to your Account, may it be a bank account, credit, debit or prepaid card, cryptocurrency wallet or others must belong to the Account holder. Any attempt to use payment instruments belonging to third parties will be considered as fraud.

5.3. Our rights and obligations.

5.3.1. We have a right to introduce changes to the TOS, including its integral documents and policies at any time.

5.3.2. We have a right to suspend your Account and block all Crypto and Fiat currency held in the Account in case of non-fulfilment or unduly fulfilment of the TOS.

5.3.3. We undertake to provide Services with the utmost effort, due care and in accordance with these TOS.

5.3.4. Our responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the Cryptocurrency transferred. When initiating Cryptocurrency Withdrawals, our responsibility shall be further limited to ensuring the transfer of the necessary technical data to the Cryptocurrency network.

5.3.5. To the extent permitted by law, we are not responsible for any damages, loss of profit, revenue, business, opportunity, data, indirect or consequential losses unless the loss suffered is caused by our breach of these TOS.

5.3.6. We are not responsible for any malfunction, breakdown, delay or interruption of the Internet connection or any reason causing the Website to be unavailable at any given time.

5.3.7. We are not responsible for the delay in the processing of payments made due to the fault of any third parties or operators of such transactions.

5.3.8. In the case of fraud, we undertake to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and other illegal activities. You acknowledge that your account may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity.

5.3.9. Nothing in these TOS excludes or limits our responsibility for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of the law or any other liability which may not be limited or excluded by contractual provisions.

5.4. Your representations and warranties.

5.4.1. By applying to open an Account you expressly represent and warrant that you:

5.4.1.1. follow the rules and laws in your country of residence and/or the country from which you access the Website and Services;

5.4.1.2. have accepted provisions of these TOS;

5.4.1.3. have the right and capacity to accept these TOS and participate in transactions involving Crypto- and Fiat currencies.

5.4.2. You represent and warrant that you will only use the Account (and the Platform) to perform transactions in accordance with these TOS and that you are duly authorised and have the capacity to enter into the transactions on the Account (and the Platform).

5.4.3. Your represent and warrant that both Crypto- and Fiat currency deposits made on your Account belong to you and originate from legal sources.

5.4.4. You represent and warrant that you will withdraw any cryptocurrency from your Account only to wallets that do belong to you, as otherwise we do not hold any liability for the consequences of such Withdrawal.

5.4.5. You represent and warrant that all transactions performed by you do not violate any rights of third party and do not breach any applicable laws.

5.4.6. You understand and acknowledge that your personal data and identifiers may be shared with duly authorised third parties, due to legal obligations such as prevention of crimes and for tax purposes and/or to provide the Service requested by the Customer.

5.5. Our representations and warranties.

5.5.1. We shall provide Services with reasonable care and skill, and in accordance with these TOS.

5.5.2. All trade Orders made on the Account (and the Platform), will be handled by us in the capacity of a counterparty, regardless of existence of any matching opposite interest. The transaction price and conditions are agreed between the Parties. The Trades involving matching multiple Customers’ interests are handled in an isolated manner, with the Service Provider acting as Principal to each leg of the trade.

5.5.3. We represent and warrant that once the Trade Orders to exchange the Assets are submitted, such orders may not be cancelled or reversed. We hold all Cryptocurrencies acquired by each Customer in their respective Account and on the respective Customer's behalf.

5.5.4. You agree to pay us any fees specified in your personal cabinet and via API for services. We may, in our discretion, update the fees at any time, including Cryptocurrency Exchange Fees, Crypto Trading Fee, and other fees for services of Catalyst s.r.o.

6. Terms of interaction between Parties.

6.1. After the verification process is complete, we assign you with a unique account number.

6.2. An Account is an environment containing transaction and funds related information of yours.

6.3. By default, each Account is assigned with one Authorized User (Accessor) that shall be indicated during the application for Account opening. Although you may assign additional Accessor to your Account by contacting us by e-mail in this regard.

6.4. Any individual or legal entity may act as an Accessor, if they are duly authorized by the Customer.

6.5. Every Accessor is assigned a unique Accessor ID.

6.6. We may conduct a due diligence process in order to duly identify every Accessor, and request additional information and documents.

6.7. Each Accessor is assigned rights and access to the Account according to instructions provided by you.

6.8. Accessor may be a directly related (internal, i.e. employee, director or beneficiary) person of the Customer, or a third party (external, i.e. asset manager, lawyer, consultant).

6.9. You understand and accept all and any risks of granting the access to any and all of the Accessors.

6.10. You understand and consent that the Accessor may conduct any exchange or funding operations in the Account on behalf of the Customer.We shall bear no responsibility in case of a conflict or dispute between you and the Accessor/s, for any losses resulting from any action or inaction of the Accessor/s.

6.11. Accessor may have access to multiple Accounts, while Account may have multiple Accessors.

6.12. Each Accessor may be given the following permissions for each account: View access, access to Exchange operation, access to Withdrawal operations. Each type of permissions restricts Accessor’s usage of the Account respectively. View access only allows Accessor to view information on the Account, access to Exchange operations allows Accessor to perform Exchange operations on the Account, while access to Withdrawal operations allows the Accessor to submit the Withdrawal request. You shall carefully consider which type of permission shall be granted to the Accessor and bear the responsibility for granting any particular access solely.

7. RETURN AND REFUND POLICY FOR PAYMENT CARD OPERATION

7.1. Submission and cancellation of the consent, cancellation of the order. refund policy.

7.1.1. The Payment operation is considered authorized only after you give your consent. The Consent can be confirmed by an electronic signature, the Password or descriptor given to you when the Payment will appear on your bank card statement. The Consent confirmed via any of the methods described in the present clause is considered appropriately confirmed by t you bears the same legal power as a paper document (Consent) signed by you and can be used as evidence when settling disputes between Parties in courts and other institutions. You do not have the right to challenge the Payment operation performed by us if the Payment order has been confirmed by a Consent submitted by a method defined in the present clause.

7.1.2. You agree that while executing the Payment operation,we shall transfer your Personal data to persons directly related to execution of such Payment operation – international payment card organizations and other Bank/Companies involved in the execution of the Payment Service

7.1.3. If you decide to change your mind and wish to return the Cryptocurrency purchased from us, we would be able, at its sole discretion, to buy it back from you based on the current market rate minus the service fee payable for the transaction. For this purpose, please contact us via email at [email protected]. If a refund request is made you are required to provide all of the necessary documents which we may request.

7.1.4. The refund policy applies exclusively to the funds that you have sent to us in accordance with the order placed at the platform. Any third - party cryptocurrency purchases, made at the exchange platforms other than Catalyst s.r.o. will not be refunded.

7.2. Wire Transfer/Card payment:

7.2.1. Under rare circumstances, and at its sole discretion, we may execute the sale of the cryptocurrency funds on your behalf, and provide you with an equivalent return in a fiat currency, subject to the changes in the interest rate. Given the high volatility nature of the crypto assets, the amount returned to the Client in fiat may be different from the one, which was sent by the customer initially, when placing an order at Catalyst s.r.o.

7.2.2. In rare circumstances relevant solely to wire transfers made to us, such as (1) your failure to provide the relevant KYC documents; (2) if you share your log in data to your account with a third party; (3) if you choose to cancel the order, we reserve the right to cancel wire transfer order. In the event when we cancel the order, if we already received the funds from you with regards to such order, we will, subject to applicable law and regulation, refund such funds to you.

7.2.3. Such refund shall be made to the same source from which they have originated, after deduction of any cost or expense we incur with regards to such transfer, including without limitation any wire transfer charges, currency exchange charges and/or payment processing charges.

7.2.4. To comply with anti-money laundering and terrorist financing regulations or any other regulations and to prevent prohibited conduct, all payments and information related to the aforementioned refund may be verified by us. In such a case, we may request you to provide certain documents and information, including without limitation identification documents, copy of the credit card or bank details and/or any other proof required to affect the refund. In case you fail to provide appropriate documents or information, or in case of any doubts as to the authenticity of provided documents and information, we shall be entitled to cease the refund process until you take appropriate measures, as requested.

7.2.5. We reserve the right to cancel the order without any refund, or decline any refund request, if it suspects that you have or are engaged in, or have in any way been involved in, fraudulent or illegal activity.

7.2.6. Under the circumstances, where you perform a payment via a credit or a debit card, the processing of the payment and the subsequent settlement of the order takes up to 72 hours, subject to the system workload.

7.2.7. Refund will be processed without undue delay, and in any event within 7 (seven) business days from cancellation of order, subject to the requirements set forth hereinabove, and given that you provide us with any information and/or documentation required in order to process the refund.

7.2.8. We provide you with an option to resolve any issues related to the use of the services, prior to the submission of the written complaint to your bank.

7.2.9. Any fees incurred as a result of a refund request (i.e. transfer fees) are to be paid by you.

8. PROHIBITION OF USE

8.1. You have no right to fail to observe the Agreement, any of its Supplements, valid legislation and other legal acts, including but not limited to, legal acts related to anti-money laundering and combating terrorist financing and /or tranfer and/or receive money acquired in illegal manner.

8.2. You have no right to provide false, misleading or incorrect information orI refuse to provide information reasonably requested from us

8.3. You have no right to refuse to cooperate with Service Provider in investigation of violations and identification of the Customer;

8.4. You are prohibited from using the Account and other our services in a way which causes losses, responsibility or other negative legal consequences to us or other third persons;

8.5. You are not allowed to undertake any other deliberate actions which could disturb provision of our services to the Customer or third parties or disturb proper functioning of the System;

8.6. You have no right to provide services which are prohibited by the law or conflict with public order and good morals, breach statute, contract, regulation (including anti-money laundering).

8.7. It is forbidden to disclose Passwords and other personalized safety features of Payment instruments to third persons and allow other persons to use Services under your name

8.8. You have no right to breach any law, statute, contract, regulation (including anti-money laundering).

8.9. You shall reimburse all direct damages, fines and other monetary sanctions applied to us due to failure to observe or violation due to your fault ,

8.10. It is forbidden for you to access the Services from a country, where Services are not provided by us, countries mentioned in the restricted list countries below.

9. HOW OPERATIONS ARE EXECUTED.

9.1. You may submit the following Orders using our Platform:

• A) Order for Deposit of Asset to your Account from an account you hold with a financial institution;
• B) Order for Withdrawal of Asset from your Account to an account you hold with a financial institution;
• C) Order for Exchange of Assets within your Account.

9.2. The Platform, to which you are being granted access, is the primary place for submitting your Orders. If, for any reason whatsoever, the Platform is unavailable, you may submit Orders from your authorised email by sending your Orders to [email protected].

9.3. When submitting the Order you shall fully understand the conditions of Service offered to you. You shall also understand and anticipate the consequences of Order execution, and irreversibility of Order execution.

9.4. You are free to submit RFQ and we will provide you with an indicative price quotation. This by no means is a guarantee that your Order submitted will be executed at the price indicated by us in reply to your RFQ, and you expressly acknowledge that fact. Your Order may be executed at a different price due to market volatility or some other external factors. Any Orders executed for you are subject to the Conditions of an Exchange operation according to these TOS.

9.5. You acknowledge and confirm that an Order’s execution may be delayed due to an internal review by us, or external factors, such as outages or delays in the Cryptocurrency networks or liquidity sources.

9.6. If you discover any movements in your Account, which were not initiated by you, you must notify us immediately, and follow the contingency instructions provided by us. Failure to do so may lead to temporary freezing of the Account for internal investigation.

9.7. We reserve a right to suspend your Account or block a particular transaction at any given time without any prior notice, if we have reasonable grounds to believe that the laws and regulations of the Czech Republic demand such action to be taken, or in order to comply with recommendations or instructions of the Authorities of Czech.

9.8. We may report any suspicious transactions to the relevant Authorities of Czech Republic.

9.9. You shall ensure that you do not use the Services for the transactions relating to:

• money laundering, terrorist financing, proliferation of weapons of mass destruction;
• human trafficking;
• any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organisations glorifying war or violating human dignity;
• any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
• archaeological findings;
• drugs, narcotics or hallucinogens;
• weapons of any kind;
• illegal gambling services;
• Ponzi, pyramid or any other “get rich quick” schemes;
• goods that are subject to any trade embargo;
• media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
• body parts or human remains;
• protected animals or protected plants;
• weapons or explosive materials; or
• any other illegal goods, services or transactions.

10. REPORTING AND SUPPORT.

10.1. Reporting.

10.1.1. We shall provide you with reports of all Exchange operations and any other movements on your Account, which were conducted in accordance with these TOS, if you so request.

10.1.2. We shall provide you with the following reporting:

• a current Account’s statement, which includes current balances of all your Assets held with us;
• a transactions statement, which includes all transactions and movements on your Accounts for a set period;
• a trade confirmation, which includes details of a specific exchange operation, and resulting changes in any Asset balances;
• a deposit confirmation, which includes details of a specific Deposit of an Asset, and resulting changes in any Asset balances;
• a withdrawal confirmation, which includes details of a specific Withdrawal of an Asset, and resulting changes in any Asset balances.

10.1.3. The reports are generated through and are available on the Platform. Alternatively, you may ask us to generate the reports and send such reports to an authorised e-mail address as an attachment.

10.1.4. We do not guarantee full-time availability of the report generating service of the Platform. However, we undertake to make all reasonable efforts to deliver reports as needed by you through the alternative channels within a reasonable timeframe.

10.1.5. If, after being provided with the reports as requested, you do not challenge contents of such reports within three (3) business days since recipient of such reports either through the Platform or by alternative communication channels, we will consider that you fully accept accurateness of the reports provided and refrain from any further claims challenging contents of these reports and operations displayed in these reports in the future (Implied acceptance).

10.1.6. Implied acceptance of the report means that you agree to all balances, transactions, and exchange conditions stipulated in the reports. We hence wave any obligations and responsibility in case you file a claim about an inconsistency of the reports after the claim period has expired. Even though we do not have such an obligation, we will act in good faith and do the best efforts to correct any inconsistencies in the reports even after the claim period has expired.

10.2. Support.

10.2.1. We will provide you or your representative with any information as stipulated within these TOS pursuant to provisions of these TOS and to contact details as provided during the Account opening procedure or updated later on.

10.2.2. The disclosure of any changes and supplements made to these TOS, its integral documents and policies will done through publishing the updated versions on the Website.

11. RISK DISСLOSURE (TRADING RISKS, TECHNICAL RISKS, INTRODUCING CHANGES TO THE RISK DISCLOSURE)

11.1. We shall not be responsible for any damage or loss incurred by you as a result of the Services. By accepting the TOS, you acknowledge that you have fully read, understood and are aware of the possible risks related to the Services, and electronically sign an agreement with us made by this TOS.

11.2. You confirm that you understand and agree that the risks associated with the Services are acceptable for you, taking into account your objectives and financial capabilities.

11.3. You acknowledge that purchasing or selling Cryptocurrency carries significant risk. Prices can fluctuate on any given day. Because of such fluctuations, Cryptocurrency may gain or lose value at any time. Cryptocurrency may be subject to large swings in value and may even become absolutely worthless. Cryptocurrency trading has special risks not generally shared with official currencies, goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or commodities such as gold or silver, Cryptocurrency is a unique kind of currency, backed by technology and trust. There is no central bank that can take corrective measures to protect the value of Cryptocurrency in a crisis or issue more currency.

11.4. You acknowledge and agree that we do not act as a financial advisor, do not provide investment advice services, and any communication between you and us cannot be considered as investment advice. Without prejudice to our foregoing obligations, in asking us to enter into any transaction, you represent that you have been solely responsible for making your independent appraisal and investigations into the risks of the transaction. You acknowledge that you have sufficient knowledge, market sophistication and experience to make your own evaluation of the merits and risks of any transaction and that you received professional advice thereon. We provide no warranty as to the suitability of the Services and assume no fiduciary duty in our relations with you.

11.5. You confirm that you understand that for various reasons our account may become temporarily suspended and may not be accessible or the wallet may not be operating. You agrees to waive any and all rights, claims or causes of action of any kind pertaining to any damage as a result of such action.

12. FINAL PROVISIONS.

12.1. Remuneration and expenses.

12.1.1. We retain a spread over the prevailing market price of the Assets when offering you with a Quote, as a reward for the Service. If you are not satisfied by the implied spread, you have a right to reject the quoted price and to refrain from using our Services.

12.2. Taxation

12.2.1. You undertake to pay all taxes and duties, which may be applicable to you as a result of the use of Services and should be paid according to regulations applicable in your state of residence

12.2.2. We are not responsible for any violation made by you arising out of your due to their obligation to calculate and pay taxes and duties.

12.2.3. We may disclose your data to the relevant tax authorities in case there exists such a regulatory obligation or upon demand from the relevant tax authorities.

12.3. Responsibility.

12.3.1. In no event shall we, our officers, directors, employees, agents, and all third party service providers be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including any that may result from

• accuracy, completeness or content of the Website;
• accuracy, completeness or content of any sites linked (through hyperlinks, banner advertising or otherwise) to or by the Website;
• personal injury or property damage of any nature whatsoever;
• third-party conduct of any nature whatsoever;
• any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein,
• any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this Website,
• any viruses, worms, bugs, trojan horses or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site,
• any customer content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable and/ or
• any loss or damage of any kind incurred as a result of you using of the Website or the Services found at our Website, whether based on warranty, contract, tort or any other legal or equitable theory and whether or not we are advised of the possibility of such damages. In addition, you specifically acknowledge and agree that any cause of action arising out of or related to these TOS or the Services must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. In addition, you specifically acknowledge and agree that in no event shall our total aggregate liability exceed the total amount paid by you for the particular Services that are the subject of the cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of these TOS or your use of th Website or the Services.

12.3.2. You are responsible for maintaining the confidentiality of information on your Account, including, but not limited to passwords, e-mails, wallet address, wallet balance and of all activities including transactions made on your Account. If there is any suspicious activity related to your Account, we may request you to provide additional information, including authenticating documents and freeze the Account for the review time. You are obligated to comply with these security requests or accept termination of our business relationships.

12.3.3. The Website and the Services may contain links to third-party websites that are not owned or controlled by us. We assume no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. In addition to that we do not censor or edit the content of any third-party websites. By using the Website or Services, you expressly release us from any and all liability arising from the your use of any third-party website. Accordingly, we strongly encourage you to be aware when you leave the Website, or the Services and to review the terms and conditions, privacy policies and other governing documents of any other website that you may visit.

12.4. Security.

12.4.1. You are responsible for maintaining the confidentiality of your Account’s credentials, including, but not limited to a password, e-mail, wallet address, balance and of all activity including transactions made on the Account.

12.4.2. Please note that our personnel will never ask you to disclose your password. Any message you receive or website that you visit that asks for the password, other than the Website, should be reported to us. If you are in doubt whether a website is genuine, it is required to ensure the website is SSL compliant (Security Certificate Validation is shown in the address bar of a web browser).

12.4.3. It is advisable that you change your password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to the Account. We also advise you not to choose a password that may be easily guessed from information someone might know or gather about your or a password that has a meaning. You must never allow anyone to access your Account or watch you accessing your Account.

12.4.4. If you have any security concerns about the Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, you shall change the password immediately. You shall also contact Support Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of the Account, login details, password or other security features. Any undue delay in notifying us may not only affect the security of the Account but may result in the Customer being liable for any losses as a result. If you suspect that someone else accessed your Account, you should also contact an appropriate government agency and report the incident.

12.4.5. You must take reasonable care to ensure that your e-mail account(s) are secure and only accessed by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of the Account. We cannot be liable for the breach of an e-mail account resulting in an unauthorized transaction to be executed with proper confirmation. In case any of the e-mail addresses registered with your Accounts are compromised, you should without undue delay after becoming aware of this contact Support Service and also contact their e-mail service provider.

12.4.6. Irrespective of whether you are using a public, a shared or their own computer to access the Account, you must always ensure that your login details are not stored by the browser, cached or otherwise recorded. You should never use any functionality that allows login details or passwords to be stored by the computer you are using.

12.4.7. Additional products or services you use may have additional security requirements and you shall familiarize with those as notified to you.

12.4.8. Two-factor authentication must be enabled in order to make any Withdrawal transactions.

12.5. Confidentiality.

12.5.1. All non-public parts of TOS are deemed private and confidential.

12.5.2. All information disclosed by the Parties to each other, is deemed private and confidential, and shall not be disclosed to any third party besides the following cases:

• an explicit written consent by the other Party;
• cases stipulated by laws and regulation of Czech Republic, or within these TOS.

12.5.3. We retain a right to process your personal data and related parties, if that is needed for the use cases stipulated by these TOS, in accordance with law of Czech Republic.

12.5.4. You acknowledge our GDPR/Privacy Policy as presented at the Website, the law of Czech Republic, and the law of your own jurisdiction, and grant us with your explicit consent to acquire, process and store the personal data in accordance with these TOS, and legislation of both of the above-mentioned jurisdictions.

12.6. Dispute resolution

12.6.1. All disputes between the Parties concerning Services provided pursuant to these TOS, shall be handled firstly through a negotiation in good faith, and secondly, in case of failure of such negotiation, though official claims.

12.6.2. Disputes, demands and claims which have arisen from the business relationships, which have not been solved through a negotiation and a claim process, shall be directed to relevant Judicial authorities, and be subject to Czech Republic law.

12.6.3. In case any part of the TOS are deemed invalid or illegal, only the part in question shall be affected, and not the entire TOS. Same applies to any transaction which is deemed invalid or illegal, other transactions shall be valid until proven otherwise.

12.6.4. The Czech legislation govern the relationships between Parties.

12.6.5. For aspects of relationships between Parties within the framework of the TOS, which have not been specifically stipulated in the TOS, Czech legislation shall be applied. The parties will also act under these TOS in accordance with the conditions, customs and practices of international business and the spirit of mutually beneficial cooperation.

12.6.6. These TOS shall be governed by and construed in accordance with the laws of the Czech Republic, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and these TOS shall be submitted to the Czech Court, as the Court of first instance. If any portion of these TOS shall be deemed invalid, void or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.

12.6.7. You agree to protect, defend, indemnify and hold us and our officers, directors, employees, agents and third party service providers harmless from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by us directly or indirectly arising from:

• your use of and access to the Website or the Services;
• your violation of any provision of these TOS or the policies or agreements which are incorporated herein; and/or
• your violation of any third-party right, including without limitation any intellectual property or other proprietary right;
• the indemnification obligations under this section shall survive any termination or expiration of the TOS or the your use of the Website or the Services.

12.6.8. If you have any questions relating to these TOS, your rights and obligations arising from these Terms and/or your use of the Website and the Service, your Account or any other matter, please, contact [email protected]

12.7. Force-Majeure.

12.7.1. If we are unable to perform the Services outlined in these TOS due to the factors or circumstances beyond our control, including, but not limited to the event of Force Majeure, change of law or change in sanctions policy, we will not have any responsibility with respect to the Services provided to you hereunder and for a time period coincident with the event.

12.8. Miscellaneous.

12.8.1. You have been accustomed to the TOS and its integral documents, the information on the Website, all additional rules and procedures published on the Website by us.

12.8.2. All amendments, appendixes, documents and forms presented to you either electronically or in hard copies through the Platform or by other electronic or other means shall form integral part to these TOS and be subject to these TOS.

12.8.3. All Annexes to the TOS are an integral part of the TOS.

12.8.4. Within the framework of the TOS, we conduct processing of personal data, with the aim of complying with obligations of the Service Provider stated in law of Czech Republic , particularly with “Money Laundering and Terrorist Financing Prevention Act”, “Personal Data Protection Act”, and other legislative acts, as well as to uphold the liabilities arising from the TOS.

12.8.5. Processing of personal data may be conducted from the moment of collection of such data until up to 5 (five) years after termination of the Agreement.

12.8.6. We conduct mixed processing of personal data (automated and manual processing).

12.8.7. By giving consent to the TOS, you express and confirm your consent to processing, by procedure stated in Data Protection Act (Processing), of your personal data, as well as update or amend your data (Personal Data), which have been submitted to us in accordance with these TOS, including (but not limited to) the following forms of processing: storing, updating, writing to electronic data storage devices and keeping such storage devices, making lists, conversion into different form of storage. A list of personal data, to processing of which you provide your explicit consent, is defined by the ”GDPR/Privacy Policy” as published on the Website.

12.8.8. Your consent for personal data processing shall be valid for the entire term of data processing specified above. In case of a withdrawal of such consent, we must immediately terminate the business relationships, and processing of any personal data, with exception of such processing actions, which are stipulated by the legislative and regulatory obligations according to the Czech law. You shall have a right to withdraw such consent by duly notifying us in writing. Such consent is deemed withdrawn on the next working day after a notice has been received by us.

13. RESTRICTIONS

13.1. We have imposed restrictions to work with Customers that are subject to International Sanctions.

International Sanctions – list of non-military measures decided by the European Union, the United Nations, another international organisation or the government of the Czech Republic and aimed to maintain or restore peace, prevent conflicts and restore international security, support and reinforce democracy, follow the rule of law, human rights and international law and achieve other objectives of the common foreign and security policy of the European Union.

13.2. List of risk countries (countries which according to FATF does not follow requirements of prevention of Money Laundering and Terrorism Financing). Please refer to: http://www.fatf-gafi.org/countries/#high-risk

List of risk countries (countries which according to the FIU are under big threat of terrorism) Afghanistan, Algeria, United Arab Emirates, Bahrein, Bangladesh, Egypt, Indonesia, Iraq, Iran, Yemen, Jordanian, Qatar, Kuwait, Lebanon, Libya, Malaysia, Mali, Morocco, Mauritania, Nigeria, Oman, Pakistan, Palestine, Saudi Arabia, Somalia, Sri Lanka, Sudan, Syria, Tunisia, Turkey, Ethnic groups of Caucasus belonging to Russian Federation (chechens,lesgid, ossetians, ingushes etc.)

13.3. List of countries that are NOT regarded as low tax rate countries

https://www.mfcr.cz