1. Terms of service

These Terms of Service (‘Terms’, ‘Agreement’) constitute an agreement that fully describes the relationship between you (‘You’ ‘Your’ or ‘User’ in this agreement) and FLATCHAIN OŰ (‘FLATCHAIN’, ‘We’, ‘Us’ or ‘Our’ in this Agreement), registered at Harju maakond, Tallinn, Lasnamäe linnaosa, Punane tn 6-219, 13619, Estonia on 18.12.2018 (registration number 14620048).

WE ADVISE YOU TO READ THE FOLLOWING TERMS OF SERVICES BEFORE USING OUR SERVICES. BY ENTERING ONTO THE WEBSITE AND/OR SOFTWARE AND/OR CREATING AN ACCOUNT AND USING OUR SERVICES YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE. IN CASE YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT ACCESS THIS WEBSITE, SOFTWARE AND DO NOT USE OUR SERVICES. SERVICES OF FLATCHAIN ARE INTENDED AND ARE TO BE USED SOLELY BY THE USERS, NATURAL OR LEGAL PERSONS, WHO ARE RESIDENTS IN THE COUNTRY WHERE TRADING DIGITAL ASSETS IS LEGAL AND NOT PROHIBITED OR RESTRICTED. BY ACCESSING OR USING FLATCHAIN, YOU ALSO REPRESENT THAT: YOU WILL ONLY BE TRANSACTING ON THE WEBSITE AND/OR SOFTWARE WITH LEGALLY-OBTAINED FUNDS THAT BELONG TO YOU; YOU WILL NOT BE FURTHERING, PERFORMING, UNDERTAKING OR ENGAGING IN ANY UNLAWFUL ACTIVITY THROUGH YOUR RELATIONSHIP WITH US OR THROUGH YOUR USE OF THE WEBSITE AND/OR SOFTWARE; AND YOU WILL BE COMPLYING WITH AND OBEYING ALL APPLICABLE LAWS.

Please also read Privacy Policy located at https://flatchain.org/privacy. Terms and Privacy Policy constitute necessary and binding documents every User must read, accept and follow. The use of the Services and Software is conditional upon acceptance of all these legal documents. Depending on your country of residence, you may be restricted or prohibited to use some or all the functions of the Website and/or Software. It is your responsibility to follow those rules and the laws of your country of residence and/or country from which you access this Website, Services and Software that FLATCHAIN offers. By accessing and/or using our Services and Software, You have read, understood and accepted all of the following Terms and agree to be legally bound by these Terms, in their most recent version. You further represent and warrant that: (i) You are of legal age to enter into a binding agreement; and (ii) if You represent a corporation, governmental organization or other legal entity, You have the right, power and authority to enter into these Terms on behalf of such corporation, governmental organization or other legal entity and to legally bind it to these Terms and enter into a transaction that involves buying, selling, depositing, exchanging digital assets. If the User does not read and accept the Terms of service in its entirety they should not use or continue using the Website and/or Software. Due to the regulations established by the money laundering and terrorism financing prevention legislation we do not provide Services to (by ordering Services you confirm that you do not qualify)

* politically exposed persons;
* residents of high risk third countries.

Due to some technical peculiarities, purchasing cryptocurrencies with fiat currencies is currently allowed to residents of certain countries only. The list of countries allowed can be found here. It is your responsibility to ensure your country of residence is in the list. Otherwise the purchase order will be declined.

These Terms apply solely for the Services specified in these Terms and do not govern any other legal relations between User and FLATCHAIN. We have the right to make amendments to these Terms at our own discretion at any reasonable rate of frequency by posting the amended Terms on our Website and/or Software. When amending, FLATCHAIN shall replace the old by the new version of the Terms in the public source on the Website. The User undertakes at own risk to visit on a regular basis the page of the Website and/or Software, where the Terms are laid down and familiarize themselves with their text for changes.

1. Risks of Trading Virtual Assets

Any kind of trading of digital assets and currencies involves significant risk. The value of digital assets/currencies has high volatility (value can increase and decrease significantly in a very short period of time and at any given moment). Such price fluctuations bring uncertainty. The value of a virtual currency and collapse in demand may be influenced by many factors, including loss of confidence in the currency, changes in software development, government decisions, creation of a competitive currency, technical problems, political or non-political statements, statements of influencers and news and hacker-attacks. Your digital assets may be lost by losing your password, private key or other security code. There are also other potential risks that may not be foreseen in these Terms. Digital currencies have special risks that are not generally shared with the official currencies because they are not issued by governments, or with commodities or goods that are tangible or registered in the official registry. Virtual currencies are intangible, decentralized, digital assets, backed by technology and trust. No central bank or other institution can take any measures to protect the value of virtual currency. Virtual currencies are an autonomous and largely unregulated system of firms and individuals issuing currencies. Be careful to keep your private keys, passwords, security codes, words and other means of authentication for yourself and update them on a regular basis. FLATCHAIN shall not ask you for any password, private key, seed phrase, pass phrase, nor shall we ask Users to transmit any funds, Bitcoins or other virtual currency to our Bitcoin address, Ethereum address or other addresses. Please do not trust any discount or promotion related information which is not specified on the Website or other official sources of FLATCHAIN. Take care of always accessing FLATCHAIN Website and make sure you access the Website using SSL (https). In case of uncertainty or a suspicious link is given on forums or received by a suspicious User or Website, please contact our support immediately and do not transfer any fiat or virtual money to such suspicious links.

2. Services

FLATCHAIN is a multi-asset cryptocurrency platform, the basic functionality of which includes exchanging fiat currency to digital assets (“Services”). FLATCHAIN consists of (“Software”) the Website Flatchain.org with all the subdomains and materials contained there (collectively “Website”).

2.1. Cryptocurrency Exchange

FLATCHAIN cryptocurrency exchange is provided by using services of cryptocurrency exchanges at which Flatchain OU passed institutional verification.

2.2. Fiat-to-Crypto Exchange

FLATCHAIN is a platform which provides you with a possibility to exchange fiat currency to digital assets. You further agree to promptly provide us with any additional requested information as necessary over the course of the services provision or afterwards for verification purposes or any other purpose in connection to providing you the Services. You warrant and represent to us that all information and documents that you provide to FLATCHAIN are true, accurate, and complete, and that you shall immediately update this information from time to time, to keep it up to date, that the name on your credit/debit card(s) or other payment details match the name on the documents which you provide to FLATCHAIN for verification. Note that it is in our sole discretion to suspend your access to the Services if it is suspected that you have failed to comply with these Terms, pose an unacceptable fraud or regulatory risk to FLATCHAIN and/or any of its sub-contractors, partners, collaborators involved in services provision or if you provide any false, incomplete, inaccurate or misleading information. FLATCHAIN will not be liable for any losses incurred in connection with the closure or suspension of your order placed at website of FLATCHAIN. The User agrees that all actions conducted on the website are recognized as those made on behalf of the User and on the User’s own discretion. We support the following currencies: EUR, USD, GBP. FLATCHAIN reserves the right to add other conversion currencies in the future. FLATCHAIN also reserves the right to remove any of trading pairs in future. Deposits In order to initiate any transaction to buy digital assets with fiat currency, you should indicate the amount of digital assets to buy and your cryptocurrency wallet details, after that your order will be completed, and the money will be charged. For your order to be executed, upon request of FLATCHAIN sent to your contact data provided by you during order creation you must send the documents required by the KYC verification procedure within 48 business hours since the request send, these documents must be in full compliance with our requirements. Once the documents will be verified the funds from your credit card will be charged and the digital assets will be transferred to your previously indicated cryptocurrency wallet. In case the User refuses KYC process the funds will be immediately reversed. The User agrees that as soon as the order is executed, such transaction is irreversible and may not be cancelled. The User acknowledges and agrees that in case the cryptocurrency wallet details are not specified or incorrectly indicated within the order, the User may lose their funds. FLATCHAIN cannot guarantee that all payment cards will be accepted. The acceptability of each payment card depends on a variety of factors, including, but not limited to, your location, your identification information, limitations that may be imposed by your payment card company and/or any third party payment processors. You also acknowledge that the availability of all payment methods, including options of credit card transfer, is not guaranteed, and FLATCHAIN may change the options at our discretion from time to time. We reserve the right to refuse to process, or to cancel or reverse, any purchase and/or sale of digital assets in our sole discretion, even after funds have been debited from your account. You acknowledge that delivery of the digital assets is separate from the payment process, and may not be immediately transferred. You also understand that certain factors, including but not limited to the outcome of the KYC process, could prevent or delay FLATCHAIN from fulfilling your purchase order or delivery of the digital assets. Please note that our execution of orders will depend on the details you shall provide to FLATCHAIN, and FLATCHAIN shall not be liable for any errors in the details you provide. The amount of funds for deposits of fiat money are limited per day. The limits of transactions displayed at website and may be changed by FLATCHAIN time to time. Transaction Fees The User agrees to pay FLATCHAIN the Transaction fee for each completed order. The fee calculated for every order separately and displayed to the user prior agreement of such to proceed and to do so such shall agree with present terms of use, regardless of the amount of the order, different fees will be applied to different orders. We may also charge some percent of the transaction amount, which varies depending on the region and asset price volatility. Transaction fee is included in the final amount of the User’s exchange transactions. The User does not need to pay any additional fees directly to FLATCHAIN, unless specified otherwise in these Terms. The User acknowledges and agrees that every digital asset’s network can deduct its own network fee, including mining fee. Exchange Rates The exchange rate is taken from seller cryptocurrensy exchange at which FLATCHAIN verified as institution and with which collaborates in matter of purchase crypto currency in behalf of client, and a fixed Transaction fee is also included. The exchange rate is calculated at the time the User’s payment is accepted. If there are serious changes in the exchange rate (equal to or more than 1%) while the order is being processed and verified, which includes up to 3 business days for KYC verification, FLATCHAIN reserves the right to process the order at the rate fixed when the payment was accepted or apply the updated rate.

3. Refund Policy

In any such event, we reserve the right to cease to provide the Services, terminate the Terms, and take any further action we may deem appropriate to reflect any FLATCHAIN deduction from the deposit section to set-off any loss suffered due to your chargeback or reversal of transactions. In case you are not satisfied with the quality of the Services or have other reasons, you may request a refund. FLATCHAIN guarantees to its Users the right for refund in the term of 3 (month) business days after your order was executed. To initiate the refund, please send your request to our email address: [email protected] We will process your refund as soon as reasonably practicable. We reserve the right to request certain documents in order to execute the refund. You will be asked to return the full amount (without deduction of network commission) of digital assets that you received on your cryptocurrency wallet from FLATCHAIN. We will use the same credit card details you used to buy digital assets with FLATCHAIN for refund. The exchange rate will be fixed on the day the refund is requested. The fee on refund totals to 10% of the refund amount in fiat currency.

Third-party websites and services

FLATCHAIN Website may contain links to third-party websites or services that are not owned or controlled by us. FLATCHAIN Software may contain references to third-party libraries we do not control. Additionally, our Services may allow you to interact directly with third-party services without leaving our Website and/or our Software. FLATCHAIN shall not be kept liable for the practices of any third party websites or services. You further acknowledge and agree that FLATCHAIN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. Please be advised to read the terms of service and privacy policies of any third-party websites or services that you visit. We reserve the right to terminate or suspend access to these third-party services immediately, without prior notice or liability, for any reason whatsoever.

Website and materials

FLATCHAIN Website, Software and materials may contain technical, photographic, linguistic and other kinds of errors. We do not guarantee that all the materials at our Website and Software are comprehensive and current at any moment of time. We reserve the right to delete, add and modify any of the materials at any point of time without a prior notice.

Eligibility

Prior to your use of the Services and on an ongoing basis you represent, warrant, covenant and agree that:
* you use our Services at your sole option, discretion and risk;
* you are solely responsible for any applicable taxes which may be payable while using our Services;
* you ensure that your private information including private keys, seed phrases, pass phrases, PINs and other means of authentication is safe and protected from third-parties;
* you ensure that your device(s) are fully updated and do not contain viruses, malware or otherwise malicious software;
* you are at least 18 years old or of other legal age, according to your relevant jurisdiction;
* there are risks, associated with Internet-based system, such as the failure of hardware, software, and Internet connections and with the Blockchain protocol, such as any malfunction, unintended function, unexpected functioning of or attack on the Blockchain protocol; you guarantee that your digital assets belong to you and they are not sold, encumbered, not in contention, or under seizure, and that neither exist any rights of third parties to your crypto assets;
* you shall provide correct information for constructing exchange (e.g. paying and payout wallet address, credit card details). Such wallet addresses or credit card details shall not be associated with terrorism, fraudulent, scam or any type of illegal activity. You further represent, agree and warrant, that you will not violate any law, contract, third-party right or commit a tort by accessing or using the Services, and that you are solely responsible for your actions and/or inactions while using our Services. Without prejudice to the foregoing, you represent, agree and warrant, that YOU WILL NOT: * use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so; * use our Services to participate in fraudulent, scam or any type of illegal activity; exchange via our Services or attempt to pay-in crypto assets, which are obtained from illegal gambling activities; fraud; money-laundering; or terrorist activities; or any other illegal activities. With our Services the User can only use crypto assets, which are obtained from legal sources;
* provide false, inaccurate, or misleading information. FLATCHAIN will make its best to provide Users with the Services in a timely manner and as soon as possible, however, there are no guarantees that access will be uninterrupted, or that there will not be any delays, failures, errors, omissions, or other impairments of the system or the loss of the transmitted data. While FLATCHAIN has made every effort to ensure continuity, speed and security of the Services, we are unable to completely foresee and hedge every legal, technological and other possible risk, including but not limited to force majeure, hacker attack, system instability, virus, flaw in third-party services, act of government and other unforeseen risk that may result in service interruption, data loss and other losses and risks. For huge or otherwise abnormal transactions, market interruption and other abnormal conditions caused by system failure, network failure, distributed denial-of-service (DDoS) and other hacker attacks and other unexpected factors, FLATCHAIN reserves the right to cancel the abnormal transaction results, and rollback all the transactions of a certain period of time. In accordance with operational and security needs, FLATCHAIN may suspend or restrict part of the Services, or start providing additional services. By continuing using the Services, after any changes, additions and deductions of the Services, you continue to agree to the Terms and any other Terms added subsequently. FLATCHAIN has made every effort to ensure the accuracy of the information on the Website and Software.

Know Your Customer (“KYC”) and Anti Money-Laundering (“AML”)

FLATCHAIN OŰ is a multi-asset cryptocurrency wallet which also includes the services for virtual exchange and crypto-fiat exchange, having acquired two operating licenses by the Financial Intelligence Unit, namely for:
- Providing services of exchanging a virtual currency against fiat currency : License FVR000898;
- Providing a virtual currency wallet service : License FRK000791.

All licenses are issued by the Estonian Financial Intelligence Unit (Hereinafter – “FIU”), which is the Anti Money Laundering authority in Estonia. FLATCHAIN has established and follows strict rules for AML and KYC procedure and is fully compliant with Estonian Money Laundering and Terrorist Financing Prevention Act (hereinafter – “the Act”), and obtained licenses on the basis of the full compliance with the rules of the Act. FLATCHAIN has the right to know the real transaction background and purpose of the Users who use our Software or our Services. Users should always provide the real, comprehensive, accurate information required by FLATCHAIN and its procedure; if FLATCHAIN has reasonable grounds to suspect that the User has provided false trading information or other requested information, FLATCHAIN is entitled to restrict the User from the use of some or all Services functions temporarily or permanently. The User hereby authorizes FLATCHAIN to, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for KYC purposes.

Users' Obligation

Users shall respect and follow these Terms and Privacy Policy, as well as other rules for storing and exchanging digital assets to another digital assets and/or exchanging fiat currency to digital assets. Users are obliged to act truly and transparently when using the Services. User shall not violate the national community and the legitimate rights and interests of other citizens, and shall not use this Website, Software to produce, copy and disseminate any information that would serve for the purpose of incitement to resist, undermining the implementation of constitution, laws and administrative regulations, undermining national unity, organizing or financing the attacks on the national sovereignty, institutions, governments and people. If the User violates any laws that apply to them regarding using our Services, or the above-stated requirements, FLATCHAIN has the right to take all necessary measures directly, including but not limited to canceling the User’s use of the Services, and even through the form of action to prosecute the User legal responsibility. In such case, FLATCHAIN shall inform legal authorities about such User and reserves the right to announce such User publicly in order to ensure the safety of other users, other exchanges, people, institutions, governments and states. Users are obliged to immediately provide FLATCHAIN with any personal information that FLATCHAIN will reasonably request.

Rights and Limitation to Use FLATCHAIN Website, Software and Services

FLATCHAIN grants you a limited, non-exclusive, nontransferable license, subject to these Terms, to access and use the FLATCHAIN Website, Software and Services. All our intellectual property assets including but not limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme and graphics are protected by local and international intellectual property laws and treaties. Our Website, Software as a whole are protected by copyright. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the intellectual property without the explicit written consent of FLATCHAIN. Name FLATCHAIN, Website www.Flatchain.org, Software, trademark logotype, images, texts, the content of the Website, Software, graphic design, databases, and corporate identity represent the intellectual property of FLATCHAIN. All other brands, product names and company names or trademarks are the property of their respective owners. All the above stated belongs to FLATCHAIN and is its sole property, including all the material rights on the texts, graphics, content, trademarks, databases, etc. created by third-party contractors, employees, FLATCHAIN consultants, and other FLATCHAIN partners. By accepting these Terms you agree that all the above stated is protected by copyrights, trademarks or other respective intellectual property rights. Nothing on our Website, Software should be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property displayed or used on our Website, Software without the prior written permission of the intellectual property owner. The names and logos of FLATCHAIN may not be used in any way, including advertising or publicity pertaining to distribution of materials on our Website, Software without prior, written permission from FLATCHAIN. FLATCHAIN prohibits the use of any logo of FLATCHAIN or any of its affiliates as part of a link to or from any Website, Software unless FLATCHAIN approves such link in advance and in writing. You acknowledge and confirm that you will not use our Website, Software and Services for any purpose that is illegal, unlawful, unethical or inconsistent and/or contrary with these Terms and the purpose for which this Website, Software and Services were created. FLATCHAIN reserves the right to investigate all violations of these Terms, threats and unauthorized use of the Website, Software and will act accordingly and in a manner that is considered appropriate, including, among other things, reporting on the suspicion of illegal activities to the competent law enforcement authorities, the regulator or other authorized third parties. You also acknowledge that you will not perform any activities that would, at our discretion, constitute or represent a disproportionate and excessive burden on our Website, Software exchange and related infrastructure.

Service Provided «AS IS»

The Services is provided on an "AS IS", without warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. FLATCHAIN OŰ, its subsidiaries, affiliates do not warrant that a) he Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.

Indemnity

You agree to indemnify FLATCHAIN against any claims, damages, losses or legal fees incurred due to Your use (or misuse) of FLATCHAIN Services, Website and Software.

Governing Law

These Terms of Service shall be governed by and interpreted in accordance with the law of the Republic of Estonia. You and FLATCHAIN agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to FLATCHAIN shall be sent to [email protected] Users of the Services agree that any dispute, controversy, difference or claim arising out of or relating to the Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by a mediation procedure according to Estonian law and mediation procedure, before taking the case before the court. Should the dispute not be settled in mediation procedure, then the Harju County court shall have exclusive jurisdiction to solve it.

Entire Agreement

These Terms constitute all the terms and conditions agreed upon between You and FLATCHAIN and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

Severability and Waiver

Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws. The failure of FLATCHAIN to exercise or enforce any of the rights or provisions of these Terms shall not considered as a waiver of FLATCHAIN’s rights to do so.

Assignment

FLATCHAIN may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign these Terms or any part of them, nor transfer or sub-license Your rights under these Terms to any third party.

No Partnership

Nothing contained in this Agreement shall be deemed or construed to create a principal and agent, partnership or joint venture relationship between You and FLATCHAIN.

Force Majeure

FLATCHAIN will not be deemed in default of these Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labor disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government or any other cause beyond FLATCHAIN’s reasonable control.

Risks

We specifically disclaim and shall have no liability to You for the following risks: * operating system failures (mobile or desktop); and, * interactions between your hardware, software, and our Services; and, * cloud backup software that may upload your private information to third party services; and, * malware, viruses or other malicious software on your device(s) that is able to take control of or interfere with our services; and, * failure to achieve a certain market value/price for a digital asset.

Contact

If you would like to contact us regarding Terms of Service or Privacy Policy, please contact us at [email protected] You agree that your feedback may be used to improve and/or modify our Website, Software and Services without any limitation or obligation to pay.