Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE OR ANY SERVICES OFFERED THROUGH THE WEBSITE.
1. GENERAL
1. These Terms of Use are entered into by and between you Sentvia group a legal entity and public limited company creating and existing under the laws of the Republic of Lithuania ("Company", "We" or "Us").
2. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of www.sentvia (a "Website", also referred to as Sentvia) website (hereinafter – the “Website“) and mobile application (“App“) including any associated applications ("Applications") and Your access to and use of any content, functionality and services offered on or through the Website and Applications, and Your access to and use of all and any related sites and services. The Website, the Applications, and all and any other content, functionality, products and services offered by Us or through Us, are referred to as the "Product, website or App".
3. In addition to the Terms of Use, relations between the Parties are regulated by existing legal provisions of the Republic of Lithuania, Service Agreement, Cookie Policy, Privacy Policy, KYC/AML Policy, and the other agreements. 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,
2. RELIANCE ON INFORMATION POSTED
1. The information presented on or through the Website, blog and any Products is made available solely for general information purposes. We make no warrants as to the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Websites, or by anyone who may be informed of any of its contents.
2. The Website and all other Products are not in any manner or in any form or part intended to constitute or form the basis of any advocation, advice (professional or otherwise) or to be used for or in relation to any investment decision and or other transaction.
3. Services
3.1 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;
3.2 By providing a Service of exchanging Virtual Currency units for units of another Virtual Currency or fiat money and vice versa, the Company uses then-prevailing spot market exchange rate for the given trading pair (e.g. BTC/EUR). 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).
3.3 By providing a wallet 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.
3.4 To access Services, laid down in Sections 3.2.-3.3. of the Terms, you have to deposit units of Virtual Currencies on the Platform.
3.5 Deposits and withdrawals are made in accordance with Section 9 of the Terms.
3.6. The Company may at any time disable access to the Website, Account and/or a particular Service, all Services as a whole or any part thereof (including specific wallets) and reserves the right to do so in its sole discretion and to restore the client’s funds where possible if the failure to access such funds was a consequence of such disabling. Additional fees for restoring such funds may apply.
3.7 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.
3.8 The Company stores all keys, related to your Virtual Currencies holding on the Account.
3.9 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.
3.10 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.
3.11 The maximum threshold that can be paid to the Virtual Currency Merchant from your Account shall be set forth by the Virtual Currency Merchant. You are strongly advised to check their policies and terms of service and/or contact them and familiarize yourself with the maximum payment threshold.
3.12 Within the maximum payment threshold, you can manually set a transaction limit for payments per day, month or year using your Account settings
4. CONTENT AMENDMENTS
a. We may amend these Terms of Use, the Cookie Policy, the Privacy Policy and the KYC/AML Policy unilaterally by publishing the amended conditions on our Website and in some instances via e-mail or in any other manner. Amendments shall be effective at the time of publishing. If You continue to use the Services after We publish such amendments, You shall be deemed to have accepted those amendments and You have no claims against Us as regards the amendments made to the Terms of Use, the Cookie Policy, the Privacy Policy and the AML/KYC Policy. If You do not agree to the amended conditions, You must immediately cease use of the Service(s).
5. CANCELLATION OF AGREEMENT
a. You shall have the right to Cancel these Terms of Use and close Your Account unilaterally and for any reason at any time.
b. We shall have a right to cancel and opt out of these Terms of Use and cancel Your Account unilaterally at any time and for any reason by handing in one (1) month’s notice unless it is considered there were exceptional circumstances.
6. EXTRAORDINARY TERMINATION
a. We have the right to suspend or close Your Account and extraordinarily terminate these Terms of Use with or without prejudice, without giving advance notice if there are exceptional circumstances or if You materially violate a contractual obligation or otherwise behave maliciously. A material violation of a contractual obligation is, above all, if You violate an obligation, the due performance of which is a precondition to Our continuing performance of the agreement and to restore the client’s funds where possible if the failure to access such funds was a consequence of such disabling.
7. REPRESENTATIONS AND WARRANTIES
a. Applying for opening of an account and accepting these Terms of Use, as well as any their revised version, You represent and warrant to Us on an ongoing basis that You:
i. Are of sound mind, legally competent and at least 18 years of age (or a higher age limit, if so required by the applicable law). We may request from You any information, documents or other evidence to prove Your age or legal competence;
ii. Account opening and use of Sentvia Services is legal in Your supported country of residence and operation and You have all permissions and licenses required under the law for using Our Services and Products. You may only have one Account on the Website. You should not create more than one Account on the Website unless expressly permitted by the Company.
iii. Act in Your own name and not on the name of any third party unless You notify Us in writing and receive our written approval;
iv. Are not subject to bankruptcy, insolvency, restructuring, reorganization, liquidation or other similar proceedings or procedures;
v. Act through a duly authorised Representative, who has sufficient powers to enter and execute Service Agreement;
vi. Follow all laws and regulations applicable to You when using Sentvia Services, including without limitation anti-money laundering (AML) and countering financing of terrorism (CFT) requirements;
vii. Accept that You will need to complete, to Our satisfaction, due diligence procedures carried out by Us in order to identify, check and verify Our clients, as well as their businesses and operations, and agree to provide Us with true, accurate, complete and up to date information, documents and other evidence requested by Us for these purposes.
b. Representatives of legal persons shall be identified based on personal identification documents that are in accordance with legislation and accepted by Us.
c. A legal person shall be identified based on a valid extract of the register and/or the documents accepted by Us.
d. The document certifying the right of representation shall be formalized and submitted pursuant to the procedure stipulated in the legislation and in accordance with Our requirements.
e. We may demand that a legal person's documents including the document certifying the right of representation must be notarized or certified in an equivalent manner. We may demand to be presented with the original documents or their copies if they are notarized or equally certified. We may require that documents issued abroad be legalized or certified with an apostille unless prescribed otherwise in a treaty between the countries.
f. If documents are in a foreign language, The document will be required to be translated and certified by an authorized Person/s.
g. We may refuse to provide the Service(s) on the basis of a document certifying the right of representation, which does not explicitly and clearly reflect the Customer’s will.
h. You the registered user bear the responsibility of maintaining security of you user credentials. Do not share your login usernam, password or any other access details/keys with others.
i. If additional logins are required they may be granted to nominated users upon your request at the company’s discretion.
j. You must notify the Company immediately upon becoming aware of any breach of security or unauthorized use of your Account. Please contact help@sentvia.com immediately in this case!
8. KNOW YOUR CUSTOMER (KYC) AND KNOW YOUR BUSINESS (KYB) PRINCIPLES
a. We shall implement both Lithuanian and international standards aimed at preventing money laundering and combating terrorist financing, in addition to enforcing applicable sanctions measures. Consequently, it is essential for us to maintain a comprehensive understanding of our customers, any individuals deemed to have a connection to them, as well as the nature of their activities and the sources of their assets.
Based on the abovementioned We shall have the right and obligation to:
i. Period verify the identification details of the representative of a legal entity and obtain from you additional documents and information, including but not limited to citizenship, ownership of the legal entity, ultimate beneficiaries, founders, and members of the management board.
ii. Regularly ask for documents and data regarding the activities of Yourself, including data regarding the connected persons, data regarding the purpose and essence of transactions/activity, and the legal origin of the assets of You or of the assets used in transactions;
iii. Request from you the documents that form the basis of the transactions, such as sales, lease, and supply agreements, as well as data or documents concerning the counterparty, the actual beneficiary of the transaction, or any other individual involved in or connected to the transaction.monitor how You use the Service(s);
iv. Deny Services (including declining to establish a business relationship or execute transfers) or enforce permanent or temporary limitations on the use of a Service (e.g., fully or partially blocking an Account or Service, freezing assets, setting limits concerning Services, transactions, or customers, or modifying existing Limits, including implementing lower Limits than the standard Limits), particularly if the individual or an affiliated person:
v. fails to provide the documents and information requested by us, which are necessary for fulfilling the due diligence measures required by law, or for verifying and updating the documents and information collected during the implementation of these due diligence measures, or submits false information;
b. For further information on the measures we implement and the documentation required as part of our anti-money laundering and counter-terrorist financing obligations, please refer to our KYC/AML policy.
PROHIBITED USES
You may utilize the Websites and any Product solely for lawful purposes and in compliance with these Terms of Use. You agree not to use the Websites and any Product:
1. To exploit, harm, or attempt to exploit or harm minors in any manner, including by exposing them to inappropriate content or soliciting personally identifiable information.
2. To send, knowingly receive, upload, download, use, or reuse any materials that do not comply with these Terms of Use.
3. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, such as by using email addresses or screen names associated with any of the foregoing.
4. To transmit or facilitate the sending of any advertising or promotional content without our prior written consent, including "junk mail," "chain letters," "spam," or any similar solicitations. To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Websites and any Products, or which, as determined by us, may harm the Company or users of the Websites and any Products, or expose them to liability. Additionally, you agree not to:
i. attack any Website via a denial-of-service(DDOS) attack or a distributed denial-of-service attack.
ii. Republish, redistribute, or retransmit any data from any of our communications, analytics, or other Products without our permission.
iii. Copy or store any of our Products except for your own personal, non-commercial use or as may occur incidentally during normal browsing or mobile device use.
iv. Store any Products (including Website pages) on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the Website or Product.
v. Remove or alter any content from any Product, or attempt to bypass security or interfere with the proper functioning of the Product or any servers hosting it.
vi. Create links to a Website from any other website without our prior written consent, although linking is permitted from a website owned and operated by you, provided that: (a) the link is not misleading or deceptive and clearly indicates its destination, (b) you do not claim or imply that we endorse you, your website, or any products or services you offer, (c) you do not create confusion or mislead users about sponsorship or affiliation, (d) you link only to the homepage of the Website, and (e) the linked website does not contain content that is unlawful, threatening, abusive, libelous, pornographic, obscene, vulgar, indecent, offensive, or infringing on any third party’s intellectual property rights.
vii. Use the Websites or any Products in a way that could disable, overburden, damage, or impair the site or interfere with any other party's enjoyment of the Websites and any Products, including their ability to conduct real-time activities through the Website and Products.
viii. Use any bot, malware, AI, or other automated device, process, or means to access the Websites for any purpose, including monitoring or copying materials on the Websites.
ix. Use a proxy to circumvent, obfuscate, or avoid international sanctions, or restrictions on blacklisted or suspicious accounts based on your IP address.
x. Develop (for yourself or on behalf of someone else) any financial product or service that attempts to replicate the services of, or whose capital or income value relates to, any of our Products or services.
xi. Use any manual process to monitor or copy materials on a Website or for any other unauthorized purpose without our prior written consent.
xii. Employ any device, software, or routine that interferes with the proper operation of a Website.
xiii. Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
xiv. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of a Website, the server on which the Websites are stored, or any server, computer, or database connected to any Website.
9. SUSPENSION OF ACCOUNT AND SERVICES
We may deny or suspend any Services (including your access to the Account) or any part of its functionality if we reasonably learn or suspect that providing one or more Services:
a. Breaches applicable local or international law;
b. You fail to provide, upon request, documentation reasonably required by us (or any third party providing services under the Service Agreement) to comply with applicable money laundering laws and regulations, or to verify your identity and/or funding sources to our satisfaction;
c. Is fraudulent or involves any criminal activity; Involves money laundering or is related to money laundering activities; We reasonably believe it is necessary or desirable to protect the security of the Account, including when any Account details may have been lost or stolen;
d. We are obliged to suspend or withhold services as a result of any law, regulation, or directive from a competent authority or regulatory body;
e. We reasonably suspect that you have provided false information or fabricated documents.
10. APPLICABLE FEES
a. We will charge you a fee (if any) which is fixed in the Service Agreement and which is in force at the time the chargeable action/function is performed.
11. EXTERNAL LINKS
1.You may be able access other websites, mobile applications, or resources through links provided in the Services. As we have no control over these external websites or mobile applications, you acknowledge and agree that we are not responsible for their availability. We do not endorse, nor are we responsible or liable for, any content, advertising, products, services, or other materials available from such websites or mobile applications.
12. PRIVACY AND DATA PROTECTION
1. We collect, use, store, and otherwise process information about you to enable your use of our Service(s), in accordance with the legal acts of the Republic of Lithuania, the EU General Data Protection Regulation (EU 2016/679), and other applicable legal acts.
2. We process your information as detailed in our Privacy Policy, which is accessible at sentvia.com periodically. This processing is also governed by the other provisions of these Terms of Use. You are required to review the Privacy Policy before accepting these Terms of Use.
3. All information we collect on this Website is governed by our Privacy Policy. By using the Website, you consent to all actions we take concerning your information, in compliance with the Privacy Policy.
4. We disclose information to individuals who, in accordance with the law, may obtain such information from us, or to whom we are legally entitled or obligated to disclose such information, specifically:
i. courts, pre-trial investigation authorities, prosecutor’s office, tax authorities, and other persons (e.g. to the Financial Intelligence Unit); and
ii. to Lithuania and foreign Providers for the purpose of preventing money laundering and terrorist financing or imposing sanctions or to other obligated persons for the purpose of preventing money laundering and terrorist financing or imposing sanctions within the limits and to the extent prescribed by law.
13. CONFIDENTIALITY
a. Each party shall take all reasonable steps to ensure that the Confidential Information of the other party, to which it has access, is not disclosed or distributed by its employees, agents, or independent contractors in breach of the Service Agreement terms.
b. Each party must maintain the confidentiality of the other party's Confidential Information and shall not make it available to any third party unless that third party is subject to a duty of confidentiality equivalent to that imposed hereunder. Neither party shall use the other party's Confidential Information for any purpose other than the execution of the Service Agreement.
c. When using the Website or any Products, data may be transmitted over an open network, which could allow communications to be intercepted by third parties. Consequently, we cannot guarantee the confidentiality or security of any communication or data you transmit to us through the Website.
13.COMPLAINTS
d. If You want to submit a complaint about our Service(s), send an e-mail to help@sentvia.com
e. We shall respond to the filed complaint in writing the latest within one month of the day of receiving the complaint. As a rule, We respond to a complaint related to the fulfillment of transactions within 10 Business Days. If before preparing an answer it is necessary to ascertain and verify the circumstances more thoroughly, you will be notified that we may prolong the term of answering.
14. FORCE MAJEURE
a. The company will not be in breach of Agreement nor liable for any failure to perform its obligations under this Agreement if that failure
14. COMMUNICATION OF NOTIFICATIONS**
1. All communications between you and us shall be conducted via email at support@sentvia.com.
15. DISPUTE RESOLUTION AND JURISDICTION
1. These Terms of Use are governed by the laws of the Republic of Lithuania unless otherwise specified.
2. Any disputes arising out of these Terms of Use shall first be attempted to be resolved through negotiation. If negotiations fail, disputes shall be settled in the courts of Lithuania.
16. FINAL PROVISIONS
1. Upon termination of these Terms of Use, for any reason:
1. All rights granted herein will immediately cease.
2. Any provision of these Terms of Use that is, by its nature or context, intended to survive termination, cancellation, or expiration, shall remain in effect.
3. All other obligations of performance by both parties under these Terms of Use shall cease.
2. We shall not be liable for any consequences arising after we lawfully suspend or restrict your use of our Service(s) or upon termination of these Terms of Use.
3. Termination of the Terms of Use shall also result in the termination of your access to our Product.