The Website and the Services offered by FinchPay are NOT ADDRESSED TO AND MAY NOT BE USED BY:
natural persons who are NOT at least 18 years of age; and
persons who have their citizenship or their legal place of residence in any country that is on the FATF blacklist.
FinchPay is exclusively entitled to decide on functionality, the use, subject matter, and the range of the Services as well as to cease rendering the Services.
FinchPay is exclusively authorized to decide on the contents and the nature of the Services as well as to freely add, change, or remove particular elements.
The materials appearing through the Services could include technical or content errors. FinchPay does not warrant that any of the materials on Services are accurate, complete, or current. FinchPay may make changes to the materials contained on Services at any time without notice. FinchPay does not, however, make any commitment to update the materials.
The use of any new Services of FinchPay, after the User has accepted these Terms shall be subject to its provisions.
The User may buy or sell supported Cryptocurrencies using Fiat Payments and exchange Cryptocurrencies for Cryptocurrencies at the current Conversion Rate. The bought Cryptocurrencies may be transferred to a Cryptocurrency wallet held by the User. The Fiat currency for the sold Cryptocurrency may be only transferred to the account owned by the User.
The User, who is a legal entity also may buy or sell supported Cryptocurrencies using Fiat Payments and exchange Cryptocurrencies for Cryptocurrencies at the current Conversion Rate. In case of transactions with a legal entity, FinchPay will conduct checks on the legal status of a counteragent and its compliance with Anti-Money Laundering and other regulations (‘Know Your Business’ or ‘KYB’ procedure).
The User, who is a legal entity may enter into a separate agreement with FinchPay to incorporate the Service into its products for use by its retail customers. Such products may include (but are not limited to) the following: crypto wallets, e-wallets, betting and other gambling services, various online marketplaces, including those selling digital assets, which may include NFTs, donations and crowdfunding services, gaming services of various types, decentralized financial services, cryptocurrencies.
In order to access and use the Services, the User must create an account with FinchPay (‘Account’). With creating the Account, the User agrees to:
provide FinchPay with the correct digital asset wallet address as well as any other payment methods;
ensure and consent provided digital asset wallet address and other payment methods are solely under your control;
provide accurate, current, and complete information when creating or updating an Account;
maintain and promptly update Account information;
maintain the security and confidentiality of login credentials and restrict access the Account and computer;
promptly notify FinchPay if the User discovers or otherwise suspects any security breaches related to the Site; and
take responsibility for all activities that occur under the Account and accept all risks of unauthorized access.
Upon registration, for transactions over 500 EUR FinchPay will conduct an identification verification (‘Know Your Customer’ or ‘KYC’) process to comply with all applicable anti-money laundering, sanctions, and other relevant statutory requirements. FinchPay may at own discretion conduct KYC verification for transactions under 500 EUR.
FinchPay reserves the right to limit the Website functionality to the Users who have not passed verification. If the Customer refuses to provide required documents and information under KYC, FinchPay reserves the right to immediately terminate the Services provided to the User.
The User undertakes to provide FinchPay with correct and relevant documents and personal information contained therein. In case the User provides counterfeit documents and false personal information, such behavior will be interpreted as a fraudulent activity.
The User hereby authorizes FinchPay to, directly or indirectly (through third parties), make any inquiries as FinchPay considers necessary to check the relevance and accuracy of the information provided for verification purposes. FinchPay may ask for additional information after onboarding and during the client experience to comply with anti-money laundering laws and regulations.
Personal data transferred will be strictly limited to the necessary amount and with protected security measures in use to protect the data.
The Services enable the User to make various transactions with Cryptocurrencies.
FinchPay may carry out verification checks for certain transactions as requested by law. Carrying out those checks might increase the time it takes to process the client's transaction. FinchPay shall not be held responsible for any delays because of carrying out such checks. FinchPay shall not bear any losses or damages, direct or indirect because of delays when carrying out transaction checks.
It is the User’s sole responsibility to determine whether, and to what extent, any taxes apply to any transactions the User conducts through the Website or are associated with the Services, and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities.
The User acknowledges that the execution time of orders is based on the actual operation time of FinchPay. All orders are final and the User does not have the right to revoke or amend their orders at any point.
The User acknowledges that all orders are final and the User does not have the right to receive a refund, except under the circumstances specified below. In the case of an unsuccessful transaction due to a technical failure of FinchPay when providing the Services, where the Fiat currency or Cryptocurrency has been already withdrawn from the User’s bank account or Cryptocurrency wallet, the funds will be returned to the User using the same payment method. A transaction is unsuccessful when the User has not received the purchased Fiat currency or Cryptocurrency within 24 hours of placing the order and there is no Transaction hash of the transaction on the blockchain. Where the User has not been notified of the unsuccessful transaction by FinchPay, the User may contact FinchPay by using the online chat box available on the Website or by email at [email protected] and a member of the FinchPay support team will provide the User the Transaction hash or a notice of refund initiation. Generally, FinchPay will make the refund within 5 days. The processing of returning the Fiat currency to the User’s bank account may take up to 30 days, depending on the particular bank of the User. The processing of returning the Cryptocurrency to the User’s Cryptocurrency wallet usually takes up to 24 hours , depending on the Cryptocurrency wallet provider of the User.
The User is responsible for closing their Account.
FinchPay reserves the right to close the Account due to gross infringement of the provisions of these Terms or in the event of illegal use of the Services upon notice to the User via email. FinchPay may also suspend the User’s access to the Services if FinchPay suspects that the User has failed to comply with these Terms, poses an unacceptable fraud risk to FinchPay, or if the User provides any false, incomplete, inaccurate, or misleading information.
FinchPay shall not be liable for damages suffered by the User arising due to the closing or termination of the Account or suspension of the access to the Services, in case of a breach of by the User of these Terms, any statutory requirements, or for other reasons arising from the fault of the Customer.
Once an Account has been closed, it cannot be re-opened in the future.
FinchPay reserves to right to charge and also not to charge any fees for the usage of Services. The User agrees to pay to FinchPay the fees for the usage of the Services as it set, amended, and updated from time to time by the sole discretion of FinchPay. The applicable fees will be shown prior to using the respective Services, conducting transactions, or any other operations through the Website.
Any activity related to Cryptocurrencies carries significant risks. Prior to using the Services, the User should carefully consider such risks.
The User agrees to:
carefully considered the risks involved in purchasing and holding Cryptocurrencies and acknowledge that the Cryptocurrencies may fluctuate in their value.
acknowledge the uncertain nature of Cryptocurrencies (including, but not limited to, the risk of unknown vulnerabilities in or unanticipated changes to the network protocol) and, that Cryptocurrencies are not regulated by any central bank nor other government authority, and do not constitute a securities instrument.
If the User is in any doubt as to the actions the User should take, FinchPay encourages the User to consult with a legal, financial, tax, or other professional advisors. If any of the risks are unacceptable to the User, the User should not use the Services.
The User acknowledges and agrees that they will access and use the services at their own risk.
The User explicitly acknowledges that FinchPay is and remains the sole owner of the Services and/or other intellectual property rights relating thereto. The Websites and all information, content, material, graphics, products, website addresses, layouts, and services included on or otherwise made available to the User through the Website are the exclusive property of FinchPay and are protected under applicable law. All such rights and goodwill are and shall remain, vested with FinchPay.
The User may only use the Website and/or the Services only for personal, lawful, and non-commercial use. Any other use of the content of the Services is strictly prohibited and the User agrees not to infringe or enable others to infringe FinchPay’s intellectual property rights.
The User may not sell or modify materials derived or created from the Services or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose. The User’s use of the materials on any other website or on a file-sharing or similar service for any purpose is strictly prohibited. The User may not copy any material or content derived or created from the Services without prior written permission from FinchPay.
Without prejudice to the right of the User or any third party to challenge the validity of any intellectual property of FinchPay, the Customer shall not perform or authorize any third party to perform any act which would or might invalidate or be inconsistent with any intellectual property of FinchPay – including without being limited to any patent, copyright, registered design, trade mark or other industrial or intellectual property rights – and shall not omit or authorize any third-party to omit to do any act which, by its omission, would have that effect.
The Website may contain links to third-party websites on the internet. These third-party websites may contain information or material that some people may find offensive or inappropriate. Third-party websites might also refer to their own initiative to the Website(s). The User acknowledges that the third-party websites are not under the control of FinchPay. The User also acknowledges that, whether or not such websites are affiliated in any way with FinchPay, FinchPay is not responsible for the accuracy, decency, legality or any other aspect of the content of such websites.
The User undertakes to notify FinchPay of any actual, threatened, or suspected infringement of any intellectual property rights of FinchPay which comes to the User’s notice, and of any claim by any third party due to use of the Services.
FinchPay makes great efforts to guarantee the highest quality of its operations to ensure accessibility and continuity of Services in accordance with their use and purpose. However, no long-distance data transmission, guarantees 100% security, continuity, and accessibility of the Services.
The site and services are provided on an “as is” and “as available” basis, with all faults, and FinchPay expressly disclaims all warranties, representations, and conditions of any kind arising from or related to these Terms or the User’s use of the Website and Services including the implied warranties of merchantability and fitness for a particular purpose. The User acknowledges that, to the extent allowed by applicable law, all risk of use of the Website and Services rests entirely with the User.
IN NO EVENT WILL FINCHPAY BE LIABLE FOR ANY LOST PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT FINCHPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY ASSERTED.
UNDER NO CIRCUMSTANCES WILL FINCHPAY BE LIABLE TO THE USER FOR DAMAGES ARISING OUT OF THE SERVICES EXCEEDING THE AMOUNT OF 100 EUR.
The limitations set above will not apply to damages caused by the gross negligence, fraud, or willful misconduct of FinchPay, or to the extent such limitations are precluded by applicable law (in which case FinchPay’s liability will be increased to the minimum amount required to comply with such law).
The User agrees to indemnify FinchPay against any claims, damages, losses, or legal fees incurred due to the User’s use (or misuse) of FinchPay.
This is the entire agreement between the parties and supersedes any other agreement, representations (or misrepresentations), or understanding, however, communicated.
In the event of an infringement of the User’s rights with respect to the Services, please send a complaint to [email protected]. The User shall have to apply to FinchPay no later than three months after the day when the User became aware or ought to have become aware of an infringement of their rights or lawful interests. All complaints will be examined and the User will be contacted as soon as possible, but no later than 14 days after receipt of the complaint.
User’s right to turn to the State Consumer Rights Protection Authority
The legislation of the Republic of Lithuania shall be applied to the Terms. Any court action between FinchPay and the User shall be resolved in the Vilnius District Court which has exclusive jurisdiction for resolving disputes arising under the Terms.
These Terms and the relationship of the Parties regarding the Services will be governed by and construed by the laws of Lithuania without reference to conflict of law or choice of provisions of the law. The parties unconditionally submit to the exclusive jurisdiction of the courts of Lithuania to resolve any dispute (including claim procedure, lawsuit) regarding these Terms.