Terms of Use

Last updated: Mar 25, 2024

Please read these Terms of Use (hereinafter – the "Terms") carefully before using any services, provided by CERTA PAYMENTS LTD (hereinafter – the "Company"),, including but not limited to Cryptomus (basswallet.com) website (hereinafter – the "Website") and mobile application ("App").

If you do not agree with these Terms, you may not access or use the Website or any Services provided on the Website. All information and Services provided on the Website are provided on a strictly "as-is" basis without any warranty whatsoever.

Please leave the Website and do not create an account if you do not agree with the terms and conditions laid down below. Otherwise, you take all risks and responsibility for holding and dealing in Virtual Currency, though we have warned you.

Terms of Use Status and Acceptance

These Terms apply to any and all Services, information, texts, and other products, offered on the Website by the Company.

By accessing the Website, opening an Account on the Website, or ticking the "I agree to the Terms of Use and Privacy Policy" checkbox, you agree to be bound by these Terms and confirm that you have read, understood, and accepted all the provisions of these Terms, as well as provisions of our Privacy Policy, AML Policy, and other legally binding document publicly available on the Website.

You cannot use the Website and create the Account if you have not read, understood, and accepted all the provisions of these Terms.

The Company may change, remove, or add the context of the Terms and reserves the right to do so in its sole discretion. All new and/or revised provisions of the Terms take effect immediately and apply to your use of the Website, the Account and the Services from that date on. Please, check these Terms regularly to be aware of all current provisions of these Terms.

The Company has the right to notify you of significant changes in these Terms. This can be done by posting a notification on the Website or sending you an e-mail (if appropriate).

You can review the most current version of the Terms using the Terms of Use link. If you continue to use the Website after the Company makes changes to the Terms, you expressly confirm your acceptance of the new and/or revised Terms.

These Terms, including our Privacy Policy and the AML Policy, any and all notices, notifications, policies, warnings and disclaimers constitute entire agreement between you and the Company.

Platform users assume full responsibility for all risks associated with the use of cryptocurrencies. These may include: •Theft or loss due to negligence;
•Lack of collateralisation of cryptocurrency;
•Cyber security risks;
•Virtual currency fraud;
•Lack of consumer protection;
•High volatility;
•Currency regulation;
•Taxation of virtual currencies;

Services

The Company provides the following services on the Website (collectively – "Services", and separately – the "Service"): •Exchange of Virtual Currency unit for units of another Virtual Currency/fiat money; •Virtual Currency wallet services; •Depositing and withdrawing units of Virtual Currency on the Platform;

By providing a Service of exchanging Virtual Currency units for units of another Virtual Currency or fiat money, the Company uses then-prevailing spot market exchange rate for the given trading pair (e.g. BTC/USD). You further acknowledge and agree that whilst the prices displayed on our Platform may take into account market data from various sources, they are not taken directly from any one source, and therefore may not match prices that you see elsewhere (including prices quoted on other exchanges, conversion services and market data providers).

By providing a wallets Service, the Company provides you with a digitally secured wallet for Virtual Currencies, aimed to exchange, store, and withdraw units of Virtual Currencies and securely stores your private keys for these purposes.

The Company may at any time disable the access to the Website, the Account and/or specific Service or all Services altogether and reserves the right to do so in its sole discretion without giving any reason.

The Company only offers Services regarding Virtual Currencies the Platform supports. Please, check the Website regularly to be aware of what Virtual Currencies are supported. You should not attempt to use your Account to deposit Virtual Currencies the Platform does not support.

The provision of Services might be delayed due to circumstances including but not limited to technical difficulties, reasonable doubts about the nature or source of funds, deposited on the Platform, carrying out AML/KYC checks as set forth in the AML Policy, etc.

The Company may also provide you with an aggregated nominal value of all your assets in EUR, BTC or any other currency or Virtual Currency based on their current exchange rate.

User's Eligibility

To access the Services, you must open an Account on the Website by undergoing a registration procedure on the Website.

The Services and the use of the Website are available to individuals or legal entities, that:
•are at least 18 years of age (for individuals);
•have the capacity to enter into a legally binding contract and use the Website, and are not prohibited to do so
and use the Services by the Regulatory Law or any other laws that may apply;
•are residing or incorporated in countries and territories we support.

You can only have one Account on the Website. You should not create more than one Account on the Website unless expressly permitted by the Company.

You cannot create an Account on the Website if your Account has previously been suspended by the Company.

Personal Account

When opening an Account on the Website, you warrant that any and all information, submitted by you is accurate, valid, up-to-date, and complete.

You shall not use your Account for illegal purposes and activities, which may include but is not limited to money laundering, terrorism financing, human, drug, weapon, and sex trafficking, or tax evasion.

You must not create an Account on behalf of another individual or entity unless you are legally authorized to do so.

You must notify the Company immediately upon becoming aware of any breach of security or unauthorized use of your Account. Please contact us at [email protected] immediately in this case!

The Company reserves its right to suspend your Account without providing notice or reason in case of any violation of these Terms.

User Conduct

While visiting, accessing, using the Website and Services, you agree to:

•not violate or assist any third party in violating these Terms and/or any Regulatory Law, which may include but is not limited to international laws, national laws, statutes, regulations, etc.;

•not provide false, inaccurate, incomplete and misleading information to the Company;

•not violate intellectual property rights (trademark, copyright, patent, and other intellectual property rights) of the Company specified in paragraph 13 of these Terms;

not use the Website in any way that can damage, disable or overburden the Website, which may include but is not limited to uploading or in any other way, while using the Website, sending viruses, Trojan horses, spyware, adware or any other malicious code; performing DDoS attacks, interfering with or disrupting any network, equipment, or server connected to or used to provide services on the Website;

•not attempt to gain unauthorized access to the Website, other Users' Accounts, computer systems or networks connected to the Website or to extract data from the Website;

•not share your Account and/or password with third parties or use any other person's Account and/or password;

•not impersonate or misrepresent your affiliation with another User, person or entity, nor make other fraudulent, false, deceptive, or misleading representations;

•not violate any laws that apply in your jurisdiction concerning the use of Virtual Currency;

•not violate these Terms and the Regulatory Law in any other way.

Account Closing & Suspension

You can close your Account at any time at your sole discretion.

Before closing your Account, all your assets have to be withdrawn to external wallets.

The Company reserves the right to suspend your Account in an event:
•we reasonably believe your Account has been compromised, as well as for any other security reasons;
•we reasonably believe your Account is being used by a person with no right and/or authorization to do so;
•you fail to comply with these Terms, the AML Policy and the Privacy Policy, as well as with any other document that construes a part of these Terms;
•you have provided us with any false, incomplete, misleading, inaccurate information;
•you, your Account, your behavior poses regulatory risks to the Company;
•we reasonably suspect you of fraud, violating the Regulatory Law;
•other reasons that constitute a violation of these Terms and the Regulatory Law.

The Company may, but is not obliged to, notify you about the reasons for your Account suspension. Assets from your Account may be blocked, without the right to withdraw.

In an event of Account closing or suspension, you will still be liable for all applicable Fees.

The Company is not liable for any losses suffered due to your Account closure or suspension.

Disclaimers and Limitations of Liability

For non-performance or improper performance of their obligations under these Terms, the Company and you shall be liable in accordance with these Terms and the Regulatory Law.

The Website, Content, and Services are provided without any guarantees, conditions, or warranties as to its accuracy, quality, and fit for a particular purpose or need. The Company does not guarantee that the Website and Services are error-free, reliable, or will operate without interruption.

The Website is provided to you on the "AS-IS" basis.

The Company does not guarantee that any exchange requests will be accepted, executed, or recorded.

The Company shall not be liable for the use or inability to use the Website and Services.

In no event shall the Company, its officers, directors, employees, agents, 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 (i) the accuracy, completeness, or content of the Website, (ii) the accuracy, completeness, or content of any websites linked (through hyperlinks, banner advertising or otherwise) to the Website, (iii) the Services found at the Website or any websites linked (through hyperlinks, banner advertising or otherwise) to this Website, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of Company's servers and/or any and all content, personal information, blockchain information or other information and data stored therein, (vii) any interruption or cessation of Services to or from the Website or any websites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any websites linked (through hyperlinks, banner advertising or otherwise) to this Website, (ix) any loss or damage of any kind incurred as a result of your use of the Website or the Services found at the Website, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not the company is advised of the possibility of such damages, (x) losing access and/or unauthorized access to your Account, (xi) any errors or malfunctions caused by or otherwise related to any wallets used to deposit and withdraw Virtual Currencies, (xii) malfunctions, breakdowns and abandonment of blockchain protocols, (xiii) changes in regulatory approaches or legal actions taken regarding the blockchain technology and Virtual Currency, (xiv) taxation and/or changes in tax system regarding Virtual Currencies, (xv) advancements in cryptography, any technical advancements that may present risks to blockchain protocols, (xvi) unfavorable fluctuations of Virtual Currencies, (xvii) errors in the provision of Services; (xviii) other risks associated with purchasing, holding, and Virtual Currencies, and using the Website and Services.

The Company shall not be liable for any events that may include but are not limited to civil, criminal, and administrative actions that may arise from you using blockchain and Virtual Currency if such use is forbidden or otherwise limited in your country.

The Company, its officers, directors, employees, and agents do not provide investment advice, financial advice, trading advice, legal advice or any other sort of advice.

To the extent permitted by Regulatory Law, you agree to defend, indemnify, and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (i) your use of and access to the Website and Services; (ii) your violation of any term of these Terms; or, (iii) your violation of the Regulatory Law, including any law, rule, or regulation, or the rights of any third party.

In case of any circumstances of insuperable force (i.e. events of extraordinary or insuperable nature) that have occurred and remain in effect beyond your and the Company's (the "Parties'") control and that a Party could neither foresee nor prevent for objective reasons, if these circumstances prevent a Party from proper fulfilment of its obligations hereunder, the term for fulfilment of such obligations hereunder shall be extended for the period of the effect of such circumstances of insuperable force. The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, failure of power supply or communication system or other similar circumstances that prevent the Parties from the proper fulfilment of their obligations hereunder.

Final Provisions

The Company may from time to time post official announcements, news, notices, etc. (the "Announcements") on the Website. In no event shall the Company be liable for any losses arising from you neglecting or ignoring the Announcements.

We will not be liable for delays, failure in performance or interruption of service which results directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or internet services or network provider services, failure of equipment or software, other catastrophe or any other occurrence which is beyond our reasonable control and will not affect the validity and enforceability of any remaining provisions.

These Terms shall remain in force until terminated either by you or the Company. The Company may terminate these Terms at any time at its own discretion without explaining the reasons for this decision.

If any questions have not been regulated by these Terms, they shall be regulated under the Regulatory Law.

These Terms are a legally binding agreement and together with its other integral parts constitute an entire agreement between you and the Company.

In an event the Website is available in multiple languages, the English version of the Terms shall prevail.

All provisions of these Terms applicable to the Website shall apply to others means of providing Services, including the App, unless specifically stated otherwise.

Should you have any comments, questions, or complaints, please contact us at [email protected].