Terms of Use

We are provide services to users on the terms specified in this agreement. Please familiarize yourself with the terms below as they contain all significant aspects of relations between Atlas and users as well as describe possible risks of using the potential of our products.

А. There are some RISKS related to any transactions with virtual currencies, cryptographic tokens and/or other digital assets. The risks described herein are not exhaustive. It is worth keeping in mind - the crypto industry is a new economic and technical area, it is quite possible that in your further use of Atlas services and operations with tokens and/or other digital assets, new risks that cannot be currently foreseen and described may emerge.The following risks are possible: 

There is no uniform approach to determination of legal status of virtual currencies, cryptographic tokens and/or other digital assets. Despite the current globalization level, countries do not have any uniform approach to their regulation. However, cryptocurrencies attract close attention of regulators in many countries, so in the near future countries will take steps on digital assets regulation. They can be subject to taxation, reporting, audit (or already are, depending on the state policy). Currently, the value of such assets is not backed by central banks and they do not have any possibility of such backing; digital assets are an autonomous global system supported by users’ reliance on the technology so cryptographic asset operations are subject to significant risk.This risk consists in the fact that at any time the cryptocurrency you selected may be beyond the scope of law or, vice versa, may be recognized in a particular state. State regulator’s influence on the legal status of a cryptocurrency may result both in increase and decrease of its value.

Transactions with cryptocurrencies involve certain risk levels related to their value. The retrospective value of your asset does not predict its future value. The price of virtual currencies, cryptographic tokens and/or other digital assets may go both upwards and downwards and may depend on economic, political, technological, social, psychological and other factors. Both well-known causes and causes that cannot be currently predicted may result in such movements. The value of cryptocurrencies may be impacted by several related factors or just by one.There will always be a risk to incur losses due to transactions performed using virtual currencies, cryptographic tokens and/or other digital assets.

Blockchain networks are based on confirmation of a transaction record (entry into a distributed ledger) by other participants of the distributed network. Due to this, the system requires some time to record your rights to cryptographic tokens and/or other digital assets, so you may see the result not immediately. Transactions related to virtual currencies, cryptographic tokens and/or other digital assets cannot be voluntarily cancelled. Financial losses caused by errors, accidental transactions or fraudulent actions cannot be refunded.You should note that any transaction performed may remain unconfirmed by blockchain participants or cancelled.

We cannot influence blockchain networks in any manner and shall not be liable for operation of any blockchain network, for its vulnerability or unforeseen modifications, for possible attacks on protocols. 

We admit that technical failures are possible in the course of use of services offered by us. Bad internet connection, equipment failures, information distortions may be due to human mistakes or inadequacy of the device and processes.We make no warranty that the device you are using will provide a safe, flawless, uninterrupted or reliable service to Atlas. You agree that we shall not be liable for any failures of connection, information delays, errors, distortions that may occur in your device when using the Atlas mobile application. 

B. By using Atlas application and continuing the use of Atlas service/downloading the software, you confirm that you are a person of a legal age, capable, not disqualified and can be independently liable for your decisions and actions; 

C. If you enter into these Terms of Use on behalf of a legal entity, you hereby guarantee that you are duly authorized and have all permits required for these actions. You confirm that your powers are documented properly.

D. You possess all required understanding and knowledge of blockchain transactions and, consequently, take full responsibility for understanding of and compliance with any laws, rules and regulations established by your government to regulate digital assets and blockchain technologies applicable to you in relation to the use of all and any services;

E. By receiving further access to the Atlas mobile application and functions, you agree to comply with these Terms of Use and all documents we published, including but not limited ours Privacy Policy and Cookie Policy. If you refuse to accept the terms, please stop using Atlas and all functions provided by us.

We do not provide any financial, legal, tax, accounting or other advice to users. You shall be independently liable for your actions including decisions pertaining to disposal of your financial resources when using Atlas mobile application. When making financial, legal, tax, accounting and other decisions, we recommend that you turn to relevant professional advisors.

No employee, partner, manager, owner of Atlas makes any representations or guarantees of success of your actions or is liable for any loss of money, assets and other property resulting from the use of the services.

We want you to know Atlas mobile application is a part of a holding company. When you use our services one of our company render related services: 

NOW, THEREFORE, you (hereinafter, the User, you) and one or more of our companies (hereinafter, the Company, we, us, our), enter into the service agreement on the following terms:

“Account” means the set of data stored on our servers concerning the User, which is necessary for his/her identification and for granting access to the mobile application, software, his/her personal data and settings.

“Application Programming Interface” (“API”) means an application programming interface which is a set of tools and functions that allows one program to interact with another.

“Blockchain” means a shared, unaltered and distributed ledger of transactions (minimum of logically meaningful operations). The ledger is stored on multiple computers connected to each other by a single network. Communication between the computers is carried out via the Internet. The ledger is designed for recording of transactions and accounting of tangible and intangible assets in a trustless environment. The ledger stores the entire set of operations performed between the operations' owners. Operations are added to the blockchain as a block. 

“Block”  means a combination of a set of operations, which are checked for validity, it also includes the hash of the previous block. 

“Hash”  means a volume of information converted into a unique set of characters that is specific only to this array of input information.

“Cryptocurrency”  means any virtual currency, cryptographic token and/or other digital assets.

“Over-the-counter” (“OTC”)  means a deal is done directly between two parties, without the supervision of an exchange. 

“Malware” means a software code, files, scripts and/or programs designed to damage the software and/or hardware, including viruses, worms and Trojan horses.

“Remote access” means that User has access to the Service in such a way that the User is given an opportunity to use the software running in the Company's cloud infrastructure and accessible from various user devices via mobile application. In this case, the User has limited ability to manage the software, has a limited set of user configurations of the software, its network infrastructure, database and software clusters. 

“Service” means a software solution in mobile application used to provide the services of the Company.

“Software” means Atlas mobile software application available as a cloud computing service, comprising data and command set, including the source code, the database, which has software usage documentation and is completely maintained by Calypso Pay Ltd.

“Technical Support” means actions taken by the Company to ensure the continued work of the Software and Services, including advising the User on the Software usage.

“Transaction” means any operation of transfer of cash/cryptocurrency from one Wallet to another, a deal resulting in change of the balance of the User’s Wallet.

“User” means any individual registered in our system and using its services.

“Wallet” means the software collecting information on digital asset transactions from different blockchains and enabling creation, generation and storage of digital assets, transaction requests and encrypted private keys.

1. Software. Atlas’s Software is provided to you for free under a personal, nonexclusive, nontransferable, nonsublicensable, revocable license for the purpose of transacting with digital assets.

2. Services. We are provide Services enabling the User to perform operations and different actions with Cryptocurrency through the use of the Wallet. The following Services are available for our Users:

• Accepting;
• Payout;
• Exchange of Cryptocurrency to fiat;
• Exchange of fiat to Cryptocurrency; 
• Exchange of any kind of Cryptocurrency to another kind;
• Cryptocurrency storage;

3. No granted. To prevent misunderstanding between you and us, User shall not be granted right of access to the following: (a) the source code of the Software; (b) the Software network infrastructure and equipment used for operation, including but not limited to: cluster, server (hardware); (c) the Software database.

4. Restrictions. You have no right (and shall not permit any end-user or third-party) to (i) decompile, disassemble or reverse engineer the Software or attempt to discover any source code or underlying algorithms of the Software, (ii) remove any copyright notices or other notices, whether or not embedded in the Software, (iii) modify or create derivative works of the Software (except as otherwise expressly permitted by us writing), (iv) relicense, grant, lease out or lend out the Software, provide to any third party or share the Software with a third party, (v) copy the Software or any part of it, except as provided herein, or (vi) disclose to a third party any information about the performance of the Software and errors detected therein.

5. Ownership. As between the parties, the Company retains all right, title and interests in respect to the Software, including any modifications, derivative works or enhancements, as well as all related intellectual property rights.

6. Embedded Software. User acknowledges that third-party software may be embedded in or otherwise bundled with the Software and Services. You are allowed to use third-party software only as part of and integrated with the Software.

7. Beta-version. We may offer Services that are at the final stage of software development when the product is almost ready for full-fledged operation, but our developers have to conduct intensive testing of the product readiness to be launched and function without errors. Such service versions will be designated as “beta version,” “pilot version,” or “pre-release version for developers.” Beta versions of the Services are limited in their features and may have deficiencies and bugs. You may refuse to use the beta version of a Service and wait until it is released officially. The Company may cease providing the beta version of a Service at any time and at its sole discretion. All beta versions of the Services are provided “as is” without any warranty or liability for their operation and content. Beta version Services may be terminated at any time. We are disclaims all liability and responsibility hereunder for any damage inflicted through the use of beta versions.

1. We represent and warrant that we have unencumbered right to grant the license described herein and that there is no claim with respect to the Software based on the actual or alleged infringement of any other person's intellectual property rights.

• Company shall take reasonable technical and organizational measures to ensure that the Service and Software are compatible with the latest trends and features in blockchain development.
• We make every effort to ensure that our Services, Software and data are as secure and uninterrupted as possible. Company will implement the technical, administrative and physical security measures for both developed Software and User’s data. 
• We hereby agree to comply with the applicable laws and regulations relating to our activities.
• The Company shall assume responsibility for the performance of its staff and for their compliance with the ToU and the Company's internal policies. 

1. User has Remote access to the Service via a web browser installed on a User's device. To gain access to our services, you must register in the system by creating an Account.

2. You should to create a strong password that is not used for any other software, website or online service, and must make reasonable efforts to prevent unauthorized access to the Software or its usage by third parties. Should the User suspect that unauthorized persons have obtained or may gain access to his/her Account or will detect any unusual, suspicious, unclear or non-typical changes, he/she should immediately notify the Company of such a fact. If the event of the User’s Account’s password loss and/or any other confidential information ensuring safe operations of the User in the course of receiving Services, you must change such passwords or, if it is not possible, notify us as soon as possible upon receiving information of any such case. If you ignore any facts specified in the clause hereof, you shall be liable for any damage inflicted by any third parties.

3. During the registration, User shall provide all requested information. Such information must be fair, full and up-to-date. The User’s information is protected by our Privacy Policy. 

4. Only individuals who have attained the age of 18 may become the Users of Services and receive relevant services.

5. To be able to use all functions of Atlas mobile application and Service, you must meet the criteria of the Company’s compliance service. For the purposes of prevention of money laundering and combat with terrorism we may demand and the User must provide documents disclosing the User’s identity and/or transaction performed by the User and confirming the lawful source of the funds. Particular data and/or documents to be provided will be specified by the Company in the identification procedure notice. The Company may demand that copies of documents provided be duly certified, including translated into the language specified by the Company. All costs for the preparation of the requested documents are borne by the User. If User fails to provide the requested information and/or documents within the time period established by the Company, the Company may suspend provision of all or any part of the services to the User. All losses resulting from the provision of false and/or incorrect data shall be borne by the User.

6. Upon the registration, the User’s personal Account is created and the User gains access to the Wallet. The Account may be used by the User solely on behalf of the organization.

7. The User hereby undertakes to obtain and keep up-to-date any necessary consents for the processing of personal information of its employees acting as a User representative. The User understands that in performance of any Transaction, the Company may transfer the User’s employees’ personal data and User’s information to third parties directly related to the performance of such Transaction.

8. User’s actions on exchange/purchase of Cryptocurrency for fiat (and vice versa) via the Wallet cannot be reversed or cancelled.

9. You must respond to our messages and requests no later than 2 (two) working days after the date of receiving such a request, and take reasonable measures to resolve the relevant issue. 

10. We hereby agree to provide Technical Support to you. User has the right to ask for Technical Support without paying additional remuneration. In order to provide Technical Support, the Company has the right to require the User to provide information regarding the Account data, technical specifications of his/her equipment, and other information necessary for the provision of Technical Support.

1. Accepting. Accepting means crediting of the Wallet with funds, carried out from external sources located outside our financial system. 

2. Payout. Payout means transferring funds from the User's Wallet to any location, wallet, address, account, or storage device specified by you, located outside our financial system.

3. Transfer and Exchange of Fiat Money to Cryptocurrency and Cryptocurrency to Fiat money. Upon exchange of fiat money to Cryptocurrency and/or Cryptocurrency to fiat money by the Company and subject to the successful transfer of such exchange in Cryptocurrency and/or fiat money to the User’s Cryptocurrency wallet and/or User's bank account, the User assigns and transfers unto the Company full ownership of fiat money and/or Cryptocurrency owned by the User, and User shall no longer have a proprietary claim over the said fiat money and/or Cryptocurrency.

4. Retention of Title. Fiat money and/or Cryptocurrency shall remain the property of the User and User shall retain full ownership of said Cryptocurrency and/or fiat money until fulfilment by the Company of its respective obligations on the exchange of the fiat money to Cryptocurrency and/or Cryptocurrency to fiat money and its transfer to the User’s Cryptocurrency wallet and/or User’s bank account. 

5. Exchange Rate. The USD value of Cryptocurrency and/or fiat money to which the User will be entitled under the ToU will be determined as follows, or as otherwise agreed with the Company. Fiat money and/or Cryptocurrency received by the Company shall be exchanged into Cryptocurrency and/or fiat money respectively based upon the daily exchange rate for such Cryptocurrency and/or fiat money, to provide the equivalent rate. The exchange rate is provided at the time of the request for a transaction and depends on the amount of the transaction.

As a result, the exchange rate depends on the following indicators:

A. it depends on the situation at cryptocurrencies market at the time of the transaction;

B. it depends on the amount of your transaction:

• Up to $35,000 per transaction - exchange rate provided by Changelly https://changelly.com/;
• From $35,000 and up to $99,999 per transaction – will done in multiple iterations via Changelly and the exchange rate provided by Changelly https://changelly.com/. We caution that in this case for each iteration of transaction exchange rate may be different.
• Over $100,000 per transaction can be done in several ways: (i) used via OTC, in this case the rate is recognized at the time of the request (ii) transaction will done in multiple iterations via Changelly and the exchange rate provided by Changelly https://changelly.com/. We caution that in this case for each iteration of transaction exchange rate may be different.

Notice: Transaction cap is subject to change and is provided by partner Changelly.

6. Timing of Transaction. 

A. Cryptocurrency timing:

• The time of Cryptocurrency Transaction can be from 15 minutes to several hours and depends on the blockchain.
• OTC transaction time is from 1 hour to 24 hours.

B. Fiat payout timing: 

• The time for delivery fiat money to the bank account specified by the User is T+2 (the day of the request plus two days).

7. Cryptocurrency Wallet and Bank Account. Unless agreed otherwise with the Company, following the successful transfer of the fiat money to Company’s bank account and acceptance of such fiat money by the Company, the exchange and transfer of the Cryptocurrency shall be made by Company’s delivery of Cryptocurrency to the User’s Wallet. The “User’s Wallet” means the location, wallet, address, account, or storage device designated by the User in the written notice given to the Company  as the location to which Cryptocurrency and/or fiat money to be delivered to the User pursuant hereto should be sent. Similarly, following the successful transfer of the Cryptocurrency to the Company’s Wallet and acceptance of such Cryptocurrency by the Company, the exchange and transfer of fiat money shall be made by the Company’s delivery of fiat money to the User’s Wallet and/or bank account.  It is agreed between the parties that transfers shall be made by the Company on the basis of proper and fully transmitted bank account details by bank transfer to the bank account specified by the User. The “Company’s Wallet” shall mean the location, wallet, address, account, or storage device designated by the Company in a written notice given to the User as the location to which Cryptocurrency and/or fiat money to be delivered to the Company pursuant hereto should be sent.

8. Acceptance by the Company. The User acknowledges that exchange of Cryptocurrency and/or fiat money can only be completed once the Cryptocurrency and/or fiat money has been successfully delivered to the Company’s Wallet and/or bank account and the Company has accepted the Cryptocurrency and/or fiat money subject to the terms hereto. 

9. Effect of Exchange and Transfer; Completion of Transaction. The User further acknowledges that, once the Company, exchanges the fiat money to Cryptocurrency and/or Cryptocurrency to fiat money, transfers the Cryptocurrency and/or fiat money to the User’s wallet and/or User’s bank account, and the User receives the Cryptocurrency and/or fiat money as a result of such exchange on its wallet and/or bank account, the User acquires the entire economic interest in the said Cryptocurrency and/or fiat money, and the Cryptocurrency and/or fiat money is exclusively owned and controlled by the User.

10. Additional Information and Documentation. The User acknowledges that we are obliged to follow certain requirements, as set out by the applicable regulations, for preventing and suppressing money laundering activities, which requires the Company to obtain certain verification documents from Users before the establishment of a business relationship and/or during the business relationship. The Company may also request the User to inform the Company how the fiat money and/or cryptocurrency credited to User’s wallet were obtained/accumulated. This process may require proof of certain documentation and the Company has the right not to carry out orders or instructions received from the User, as long as the User has not supplied the information requested by the Company. In order to comply with applicable laws on the prevention and suppression of money laundering activities, to pass the transaction compliance procedure with third parties, such as a bank but not limited to the named, the Company may forward information and documentation received from the User to third parties. The Company takes no responsibility for any possible delays where the User’s verification documents are outstanding. The User represents and warrants that the fiat money credited to User’s wallet are not the proceeds of a crime with the aim of concealing or disguising the illicit origin of the funds or of aiding any person involved in the commission of the offence of money laundering or terrorist financing.

11. Non-Acceptance by the Company. Should the Company determine, as a result of the User's non-compliance with the requirements of clauses 10, 12.3, and 12.4 of Section 4, that it is unable to accept any fiat money and/or Cryptocurrency, the User acknowledges that the Company with a prior notification and providing the reasonable evidences of such User’s non-compliance will return the amount of fiat money and/or Cryptocurrency transferred by User, to User’s wallet and/or bank account, if the Company has not yet exchanged the fiat money to Cryptocurrency and vice versa. If the Company determines, as a result of the User's non-compliance with the requirements of  clauses 10, 12.3, and 12.4 of Section 4, that it cannot accept the fiat money and/or Cryptocurrency after the Company has converted the fiat money to Cryptocurrency and/or Cryptocurrency to fiat money, the Company with a prior notification and providing the reasonable evidences of such User’s non-compliance will use the proceeds of the conversion (be it a Cryptocurrency and/or fiat money proceeds) to buy fiat money and/or Cryptocurrency (whatever the case may be) by selling any such credited Cryptocurrency and/or fiat money. In any such instance, the User hereby acknowledges and agrees that the returned Cryptocurrency and/or fiat money may not be the exact amount of fiat money and/or Cryptocurrency that the User originally credited to its wallet.

12. Representations and Warranties of User. In connection with the transactions provided for herein, the User hereby represents and warrants to the Company that:

12.1. Authorization. The User agrees that any Cryptocurrency and/or fiat money, once accepted, exchanged, and transferred by the Company to the User’s Cryptocurrency wallet and/or User’s bank account, represents an irrevocable commitment and is not refundable to User (except in the event that the Company determines, in its sole discretion, that it cannot accept the fiat money and/or Cryptocurrency in which case the Company shall return it to User’s Cryptocurrency wallet in accordance with clause 11 above).

12.2 Volatility of Cryptocurrency. The User acknowledges that the value of the Cryptocurrency may be volatile and that the value of the Cryptocurrency received by the User may be different (higher or lower) from the fair market value or other measures of the value of the Cryptocurrency at the time of the transfer by Company.

12.3 No Unlawful and/or Restricted Sources. The User agrees that, to the best of his or her knowledge, the User’s fiat money and/or Cryptocurrency credited to User’s wallet is not derived from unlawful and/or restricted sources or activities including but not limited to: child pornography, adult content, content that contains violence or perversions, drugs, weapons, activities that incite national and religious discord, tobacco products, medical products and medicines, activities that infringe on copyright digital content (music, videos, and/or software), designer (branded) products,  counterfeit medicines, etc.), replicas. The User acknowledges that, due to anti-money laundering requirements, the Company may require additional information and/or documentation before the Company accepts the exchange of the Cryptocurrency and/or fiat money. Failure on the part of the User to provide or a delay in providing any such documentation may delay acceptance by the Company or cause such User’s Cryptocurrency and/or fiat money to be rejected entirely provided that prior notification is given to the User.

12.4 Certain AML Compliance Obligations. To the knowledge of the User, none of the User’s director(s), officer(s), employee(s), agent(s), or affiliate(s), is an individual or entity (“person”) that is, or is owned or controlled by persons that are: (i) the subject of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets, the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury, or other relevant sanctions authority (collectively, “Sanctions”), or (ii) located, organized or resident in a country or territory that is, or whose government is, the subject of Sanctions. The User (and, if such User is an entity, its directors, officers, and employees) and, to the knowledge of the User, the agents of the User, are in compliance with all applicable Sanctions and with the Foreign Corrupt Practices Act of 1977 and the rules and regulations thereunder (the “FCPA”) and any other applicable anti-corruption law.

12.5 No Tax Advice. The User has not relied on the Company or any director, officer, employee, agent, or affiliate of the Company for any tax or accounting advice concerning ToU, and has made its own determination as to the tax and accounting treatment of the transactions contemplated hereby and thereby. The Company does not provide legal or tax advice.

1. The User hereby guarantees that he/she will not:

• take any action capable of interfering the integrity of the systems and technologies of the Company, and performance of its software;
• use Malware in any way;
• attempt to gain access to the infrastructure of the Company's internal processes;
• circumvent the restrictions on Software usage, except as permitted in accordance with the Terms of Use and agreed in writing with the Company;
• transfer (in any form, such as reselling, licensing, sublicensing, distribution, renting, etc.) his/her rights to the Software license.

2. You must use the Software and Services in accordance with aims that do not contradict the law.

3. User shall ensure that no Cryptocurrencies or fiat transferred to the Wallet result from illegal activities and that the User will not use the services provided by the Company for illegal purposes, including the User’s commitment not to perform any actions or operations for the purpose of money laundering.

4. The User hereby guarantees that he/she is not gaining access to the Company's products in order to develop a competitor product, and also agrees not to use the documentation to develop similar or alike software programs, except as permitted by the Terms of Use, applicable laws or government regulations.

1. Mobile application, Software operation algorithms and its source codes (including parts thereof) are trade secrets of the Company. Any of their usage, or usage of the mobile application and Software in contravention of the terms of this Terms of Use shall be considered as a violation of the Company's rights and sufficient reason to deprive the User of the rights granted under this agreement.

2. All mobile application content, including, inter alia, software, documents, graphics, data, algorithms, functional solutions of the Company’s services, database, etc., is an intellectual property of the Company and are protected by copyright and other legal means. 

3. Taking into account the rights that are directly granted to the User hereunder, we reserve all intellectual rights, property rights to the services, the Company’s Software and documentation.

4. The Company does not grant the User any rights to the software, except in cases explicitly stipulated herein.

5. In case you have any legal basis to use the Company’s source code, you shall not modify, remove, or hide any copyright, trademark, or other proprietary rights or privacy information as related to the services. 

1. User should pay a fee for the Services of the Company.

2. The fee amount will be shown in the Account. Due to the circumstances that impact transactions, such as the transaction time interval, exchange rate difference, etc., the real fee amount may be different from the declared one. 

3. The fee shall be paid automatically when the User performs a transaction via the Wallet.

4. Company may change fee amount. In this case, Company will send you a notice by any means available. You should accept the new terms or stop any further use Services.

5. The User shall ensure that he/she has sufficient funds at the account to pay for the Services of the Company. 

6. A fee shall be paid in the currency of transaction.

7. Any transfer expenses (charges/fees/other payments) of the User’s fiat and/or Cryptocurrency from the Wallet to any third party account specified by the User shall be at the User’s cost.

8. The Company will not pay any interests on the balance of funds in the User’s account.

9. Withdrawal from the relationships does not exempt User from having to pay for Software access or for Services payable for the period that has begun before the date of withdrawal from the Terms of use.

10. Each party is solely responsible under the applicable laws for calculation and payment of all taxes and other state fees (including fines, interest and other extra amounts to the same), which are charged to such party in connection with or in regards to transactions and payments hereunder. Subject to the relevant legal grounds, we reserve the right to withhold relevant taxes and fees from the User.

1. The developed mobile application Software is provided to you "as is". By granting the User access to the Service, the Company gives no guarantees (including any express or implied warranties) and makes no claims that:

• the software will work error-free, uninterrupted, and continuously, and all identified errors will be corrected;
• access to the software will not be uninterrupted, error-free, and malware-free;
• attempt to gain access to the infrastructure of the Company's internal processes;
• the developed software will not be attacked by external hackers;

2. The Company does not give any financial, tax, accounting, investment or legal advice in respect of Cryptocurrency transactions. The User shall independently assess any possible consequences of his/her actions for his/her well-being based on personal goals, beliefs, knowledge and abilities. For that reason, all risks of transactions with digital assets, including the risk of financial loss, errors in the course of transactions, shall rest with the User to the extent permitted by law. 

3. The Company shall give no guarantees regarding the Cryptocurrencies used by the User, such as guarantees of ownership, financial attractiveness, stability, etc.

4. The Company does not guarantee uninterrupted access to Services and Software due to the fact that operation of the Services and Software may be affected by many factors beyond the Company’s reasonable control. For that reason, the Company shall not be liable for any consequences resulting from interruptions of the service. 

5. The Company gives no guarantees regarding banks’ work, payment systems and other third parties involved in transactions.

6. We give you only those guarantees that are expressly provided in the Terms of use, as well as by law, to the extent that this applies to the Company's activities.

1. The Company has right to introduce new versions of and updates to the Software at any time, due to which the appearance and specifications of previously released versions of the software may change. 

2. The Company hereby undertakes to notify User of upcoming Software’s changes and updates within a reasonable time.

3. The User may not unilaterally amend and/or modify the ToU hereof.

4. The Company may unilaterally amend and/or modify the ToU hereof at its own discretion at any moment. However, we shall notify you of the modifications via our services. If after the modifications are made, you perform any actions clearly and directly signifying your consent to the new terms (by clicking the “I Agree” button or ticking the box next to the modified terms, or continuing to access or use Services), these actions shall express your consent to the new terms and confirm your readiness to use the service’s potential and functionality on the new terms. We recommend regular review of this terms.

5. If the you do not agree to the amendments or modifications hereof, he/she should stop using the our services.

1. The User may request the Company to block the Account and/or the Wallet at any time, subject to the specifications provided for in ToU. In case of ends parties relationship, you must notice us in a written before 30 days. In this case User independently carries out actions to transfer funds and/or Cryptocurrencies to external bank account(s) or Wallet(s) owned by the User or a person specified by you. You independently bears the costs associated with the transfer of funds and / or Cryptocurrencies to external bank account(s) or Wallet(s). Also you should fulfill all monetary obligations to the Company before the date of termination of the agreement specified in the notice.

2. We have the right to withdraw from the relationship whit User at any time, subject to the specifications provided for in ToU thereof. In case of termination of relationship, we will notice you in a written before 30 days and given instruction about actions with yours funds and/or Cryptocurrencies. Funds and/or Cryptocurrencies held in the User’s account/Wallet are transferred to the User’s external bank account(s) or Wallet(s) or a third party's bank account(s) or Wallet(s) specified by you. We reserve the right to recoup from the funds and / or Cryptocurrencies to be returned to the User the commission for the provided Software, Services, fines, interests and expenses that were not paid by you.

3. Software and services access restriction. The Company may without prior notice suspend or fully refuse the provision of its services to the User subject to reasons established under ToU thereof or requirements under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and associated Regulations or the applicable legislation or without any reasons. 

3.1. We reserve the right to suspend or restrict your access to the Services (fully or partially), including, inter alia, for the following reasons:

• The information you have provided is not true, or inconsistent with the information you have provided during registration;
• You do not perform the necessary identification procedures or do not provide the information required by us, or if you provide information that does not comply with the requirements provided for by applicable legal acts, or the Company has doubts about the veracity and authenticity of the submitted documents; 
• Your actions show signs of fraud;
• Violations of the rules governing anti-money laundering and terrorism financing; 
• Security reasons or other similar circumstances;
• Under direct requirement of the provision of the laws and regulations, and/or requirements of government authorities;
• Under the court's order or order of a regulatory/government body;
• You are in breach of any of the terms and warranties set forth herein, or any provision of law applicable to you, and such breach has not been corrected by you within the time limit or the breach is not at all remediable; 
• Your actions jeopardize the security of the Company’s Services or any other person;
• Your actions may affect the operation of the Company’s software or our affiliate or partner;
• Your actions may entail adverse consequences for us in the form of bringing the Company or our affiliate or partner to liability and affect the Company’s goodwill.

3.2. In the event of termination of the ToU at the cause suspension of access restriction to Services, the Company shall send a reasonable relevant notice to the you and giving instructions regarding funds and/or Cryptocurrencies withdrawal held on the Wallets. Cases where such notification is prohibited by law shall make an exclusion.

3.3. In the event that we have reasonable suspicions that money laundering, terrorist financing or other criminal activity occurs through the yours Account or Wallet(s), as well as if we receive a relevant order from the supervisory or law enforcement authorities, we have the right to partially or completely suspend the provision of Services to you, as well as to block the User’s funds and/or Cryptocurrencies held on the Wallet(s) for a period of 30 (thirty) calendar days with the right to extend it an unlimited number of times until the suspicions of illegal activities, violations of this ToU are completely removed or confirmation is received from the supervisory authority, as well as we may send a report to the relevant supervisory authority.

3.4. In case of blocking the User's funds and/or Cryptocurrencies on the causes described in clause 10(3), the User has the right to send written objections to the Company and submit documents confirming his legal position regarding the legality of the User's actions.

4. The closure of the User’s account does not mean that the User’s data, including transaction history, will be deleted. Subject to the requirements of the applicable legislation, the Company shall store any required data for at least 5 years. We record and store information on any transaction performed by the User when using the Wallet. Such records may be transferred to relevant government authorities and/or third parties entitled to that by law.

5. Upon termination of ToU thereof, any right to payment, any right to sue for breach of the agreement until terminated and the following provisions shall remain in effect: Sections 1(4) “Restrictions”, 1(5) “Ownership”, 6 “Intellectual Rights”, 7 “Fee. Taxes”, 8 “Warranty Disclaimer”, 11 “Confidentiality”, 12 “Limitation Of Liability” and 13 “Indemnification”.

1. The parties agree to respect the information received from each other and protect such information.

2. The parties agree that (i) the Software, its operation algorithms, source code (including any part thereof), its documentation, prices and other terms offered to the User, including, inter alia, any functional limitations or errors in the Software are confidential information owned by the Company, and (ii) any other business, technical, financial or other information disclosed by one party to the other hereunder shall be confidential information of the disclosing party (collectively referred to as "Confidential Information"). Except as expressly permitted in Section 11(3) or elsewhere herein, each party shall retain confidentiality and shall not use or disclose to any third party any Confidential Information of the other party. This condition shall survive the termination hereunder for whichever is the longer period: (i) two years after the expiration of this agreement, (ii) the period of time to be determined by any applicable law or regulation or (iii) the period of time during which such Confidential Information will be treated as a commercial secret in accordance with the applicable law.

3. Information shall not be considered confidential pursuant to Section 11(2) if such information meets the following criteria: (i) is or has become public through no fault of the receiving party or its personnel, (ii) is lawfully obtained from a third party in possession of such information and legally authorized to disclose such information, (iii) was lawfully in the possession of the receiving party before being transferred by the disclosing party, (iv) was independently developed by the receiving party without using the Confidential Information or (v) as otherwise specified by law.

1. Under no circumstances shall the total liability of the Company, including its affiliates and beneficiaries, arising from the provisions hereunder exceed the total amount actually paid by the User and/or its affiliates for the Software and Services hereunder that gave rise to liability.

2. In no event shall either party or its affiliates and beneficiaries be liable to the other party for any loss of revenues, profits, opportunities, direct or indirect damages, damage to goodwill, reputation, and penalties arising out of or related hereunder. The above disclaimer applies to the extent as permitted by applicable law.

1. User will defend, indemnify, and hold harmless Company, our affiliates and each of our respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses arising out of or relating to any claim concerning: (a) breach of this Agreement or violation of applicable law by User; and (b) a dispute between Users and any of User’s customers. User will reimburse Company for reasonable attorneys’ fees and expenses, associated with claims described in (a) and (b) above.

2. Company will defend, indemnify, and hold harmless User and User’s employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses arising out of or relating to any claim concerning our material and intentional breach of this Agreement.  Company will reimburse User for reasonable attorneys’ fees and expenses associated with the claims described in this paragraph. 

1. The User hereby agrees to comply with all applicable import, re-import, sanctions, anti-boycott, export and re-export control laws and regulations, including all laws and regulations that may apply to it. 

2. You hereby confirm and represent to the Company that you and any of your controlled entities or any party that owns or controls you or your legal entity are:

• Not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including, inter alia, the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or another relevant state authority;
• Not located in any country to which the United States has embargoed goods or has otherwise applied any sanctions.

1. The User, his/her officers, directors and employees, and anyone for whose acts or defaults it may be vicariously liable or anyone acting on its behalf, shall not offer or make any payments, or offer or provide anything else of value, to any person in violation of any applicable anti-bribery law in connection with or in any way relating to or affecting these Terms of Use. 

2. User acknowledges that international anti-corruption laws, including the FCPA and the UK Bribery Act, prohibit any direct or indirect offer, payment or receipt of money or anything of value to/from any person (including but not limited to any government official, international organization, political party, party official or candidate for political office) for the purpose of obtaining, retaining or directing business, securing any improper advantage in the conduct of business, or inducing the improper performance of any public or business-related function. 

3. The User represents and warrants that in the performance of his/her obligations hereunder, or otherwise in connection with hereunder, he/she has not offered or made, and agrees that he/she will not offer or make, any prohibited payment.

1. The Parties agree that e-mail is a permissible method of information exchange between the Parties:

• The e-mail address specified by the User at registration shall be used to keep the User informed.
• The User should use the following address to inform the Company legal@calypso.finance.

2. Communication sent by e-mail shall be deemed admissible evidence in resolution of any disputes between the Parties. 

3. The Company may also use any other methods to inform the User, such as SMS messages, PUSH notifications, messages sent via the User’s Account.

1. In the event of any disputes or disagreements, the Parties shall take efforts to achieve consensus and settle them through negotiation.

2. The User may lodge a claim in respect of the Company’s services by sending a notice via e-mail at any moment. The claim shall contain the reasons for the claim, the User’s arguments as well as documents supporting the User’s position.

3. The Company shall consider the User’s position and notify the User of its decision within 20 calendar days except for the cases where a different time for response to a claim is prescribed by law. 

4. If the User violates the terms hereof, the Company may use instruments of influence provided for under this agreement and the applicable legislation. 

5. If the parties fail to settle the dispute or disagreement through a complaint procedure, they may use other remedies to protect their lawful rights and interests.

1. Neither party shall be liable for any delay or default in performance of obligations under the agreement caused by circumstances beyond the reasonable control of the party, as a result of which either party is unable to perform all or a substantial part of its obligations under this agreement. Such circumstances are described by the parties as: (i) natural disasters; (ii) a strike, a blockade, an embargo or any other form of civil unrest; (iii) an act of war (whether declared or undeclared), hostilities, invasions, terrorism or civil unrest; (iv) power outages; (v) other unforeseen circumstances that the affected party could not reasonably have foreseen and taken precautions in relation to such circumstances and which the affected party cannot avoid even with the best efforts.

2. The party invoking force majeure as a reason for non-fulfillment of its obligations under the Agreement is obliged to immediately notify the other party in writing of the nature of the circumstance and the further prospect for fulfilling the obligations. 

3. Lack of funds or denial of credit is not a force majeure event.

1. The agreement shall take effect after the User reads the Terms of use, Privacy Policy and Cookie Policy, gives consent to comply with them electronically and registers in the our system.

2. The agreement shall be valid for an indefinite period of time.

3. Any references specified in the Terms of use as well as supplements governing the provision of certain services shall be an integral part of the agreement and apply to the User from the date he/she starts to use the relevant service.

4. Neither party may assign its rights and obligations under this agreement without the prior written consent of the other non-assigning party. Any permitted assignment shall be binding on the successors of the assignor.

5. The parties expressly understand and agree that each party shall be independent in the implementation of each part of this agreement, shall be solely responsible for all of its employees and agents, as well as for its labor costs and expenses arising in connection with it. Neither party nor its agents or employees are representatives of the other party for any purpose, and neither party has power or authority as an agent, employee or in any other way to represent the other party, to act on behalf of the other party, to bind by obligations or otherwise create or assume any obligations on behalf of the other party for any purpose.

6. If any provision hereunder is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect and shall be construed so as to achieve their original purpose in full compliance with applicable laws and regulations. 

7. Delay, non-use of their rights by any party, or the use of their rights not in full is not and shall not be deemed as a waiver of this party to exercise such rights subsequently. Any change in the scope and nature of the rights shall be made in writing and signed by authorized persons of the relevant party.

8. The section and subsection headings used in Terms of use are for reference and convenience only.