Terms of Use

Introduction

This Terms and Conditions ("Terms"), along with the Privacy Policy ("Policy"), constitute the Agreement established by and between:

Fineyra Global, UAB (Registration number: 306725873) (also reffered as "Fineyra") and the User (also referred to as "You" or "Your") by virtue of the User using the Services. By signing up through the Website You agree that You have read, understood, and accept all of the Terms. If You do not agree or fail to adhere to the Terms or any other rules of any of the Services, You are not entitled to use the Services.Accepting these Terms is a condition of using the Services. Refusal to accept modifications to the Terms shall preclude the User from using the Services. All Users are obliged to observe these Terms. Fineyra reserves the right to update the Terms at any time, at its sole discretion. In case of any changes, Fineyra will change the date of the last update at the beginning of the Terms. By continuing to use the Services following the release of updated Terms, the User consents to the updated Terms. Fineyra invites the User to check this page regularly for updates to the Terms.Before using the Services of Fineyra, the User must carefully consider whether purchasing or holding Cryptocurrencies is suitable for the User in the light of the User's financial situation and knowledge regarding the Cryptocurrencies that the User is interested in. Purchasing or holding Cryptocurrencies entails a substantial risk of loss and the value of Cryptocurrencies is subject to extreme volatility.The Website and the Services offered by Fineyra 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.

Definitions

"Account" is any account opened with Fineyra by a User, using which, the User can access the Services;
"Conversion Rate" – the price or exchange rate of one unit of a given supported Cryptocurrency whereby the price of the offered asset is determined by Fineyra. The Conversion Rate is derived from multiple factors, such as direct and indirect asset acquisition costs and market risk to which Fineyra is exposed while completing the transaction.
"Transaction hash" – a unique string of characters that is given to every transaction that is verified and added to the blockchain.
"Cryptocurrency" – a digital representation of value that does not possess a legal status of currency or money, that is not issued or guaranteed by a central bank or any other public authority, is not necessarily attached to a currency, but is accepted by natural or legal persons as a means of exchange and which can be transferred, stored and traded electronically.
"Fineyra" – UAB Fineyra Global, registry code M23409273, with the address: Vilnius, Žalgirio g. 88-101.
"Fiat Payments" – Service allowing Users to use the Purchase Service by using their credit or debit card or wire transfer or alternative payment methods with the fee described on the Website.
"Purchase Service" – regulated service of Cryptocurrency purchase through which Users can buy and sell supported Cryptocurrencies from and to Fineyra, in exchange for specified Fiat currencies and specified Fiat currencies from Fineyra, in exchange for supported Cryptocurrencies and buy and sell supported Cryptocurrencies from and to Fineyra, in exchange for supported Cryptocurrencies.
"Services" – services provided by Fineyra to the Users, including the Purchase Service.
"Taxes" ‒ taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, or withholding taxes, assessable by any jurisdiction whatsoever.
"Transaction" – any transfer of Funds done from or to the User Account.
"Custodian Wallet" – means Virtual Currency wallet, which securely stores private encryption keys and ensures the safety of the Funds therein, while you retain the ability to initiate and confirm the Funds Transactions.
"Deposit" – means a Transaction, which involves the transfer of Funds to your Account from external wallets and/or your banking accounts.
"Exchange" – means an exchange Transaction of a Virtual Currency to Fiat Currency or vice versa, or of Virtual Currency to another Virtual Currency conducted through the Account.
"Exchange Rate" – a correlation of value between assets in trading pairs, based on assets' demand, supply, value, utility, and other economic variables.
"Withdrawal" – a Transaction, which involves the transfer of Funds from the User Account to external wallets and/or the User banking accounts.
"Terms" – these Terms and Conditions including all the chapters, as amended from time to time.
"User" – anyone who uses the Website and/or Services provided by Fineyra.
"Website" – website of Fineyra, located at https://www.fineyra.com/.

Eligibility

To be eligible to use any of the Fineyra Services, the User confirms that following:

- have at least 18 years old;

-have sufficient capacity to enter into legally binding contracts;

- reside in a country in which the relevant Fineyra Services are accessible; and

- willing to provide to Fineyra any current valid personal identification documents that Fineyra may request

Services

Fineyra is exclusively entitled to decide on the functionality, use, subject matter, and range of the Services, as well as to cease rendering them. Fineyra is authorized to determine the contents and nature of the Services, with the right to freely add, modify, or remove specific elements. Materials available through the Services may include technical or content errors. Fineyra does not warrant that any materials provided are accurate, complete, or current and may change these materials at any time without notice. Fineyra makes no commitment to update the materials.

Direct Counterparty Role: Fineyra acts as the direct counterparty in all user transactions, facilitating transfers rather than serving as an intermediary. Funds are intended for immediate transfer or cryptocurrency purchase, not for indefinite storage.

Custody of User’s Cryptocurrencies: Fineyra offers Virtual Currency Custodian Wallet services. Through this service, users are provided with digitally secured wallets to exchange, store, and withdraw cryptocurrencies. Fineyra maintains custody of user assets for the purpose of facilitating these services.

Purchase Services: The User may buy or sell supported Cryptocurrencies using Fiat Payments and exchange Cryptocurrencies for other Cryptocurrencies at the current Conversion Rate. Purchased Cryptocurrencies may be stored in the Custodian Wallet provided by Fineyra or transferred to the User's external wallet. The Fiat currency for sold Cryptocurrency may only be transferred to the account owned by the User.

B2B solution: Users, including legal entities, may buy or sell supported Cryptocurrencies using Fiat Payments or exchange Cryptocurrencies for Cryptocurrencies at the current Conversion Rate. Fineyra conducts Anti-Money Laundering (AML) and "Know Your Business" (KYB) procedures on legal entities to ensure compliance with regulatory obligations.

List of unsupported and high-risk jurisdictions

Our Services are available to Clients from all over the world, subject to certain exceptions

1. List of unsupported jurisdictions - the Services are not available.

Afghanistan
Belarus
Iraq
Iran
Democratic People's Republic of Korea (North Korea)
Pakistan
Russian Federation
Cuba
Region Of Crimea
Region Of Donetsk (DNR)
Region Of Luhansk (LNR)
Syria
United States
United States Minor Outlying Islands
United States Virgin Islands
American Samoa

2. List of high-risk jurisdictions - enhanced due diligence will be applied

Bulgaria
Burkina Faso
Cameroon
Croatia
Democratic Republic of the Congo
Haiti
Kenya
Mali
Monaco
Mozambique
Namibia
Nigeria
Philippines
Senegal
South Africa
South Sudan
Syria
Tanzania
Venezuela
Vietnam
Yemen

List of unsupported and high risk jurisdictions will be regularly updated or modified in accordance with international standards.

Customer verification

To comply with Canada's KYC/AML regulations and to prevent fraudulent activity, Fineyra is required to verify the identity of all users before establishing a business relationship. Fineyra 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.

Fineyra 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, Fineyra reserves the right to immediately terminate the Services provided to the User.

The User undertakes to provide Fineyra 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 Fineyra to, directly or indirectly (through third parties), make any inquiries as Fineyra considers necessary to check the relevance and accuracy of the information provided for verification purposes. Fineyra 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.

Use of the Services

The Services enable the User to engage in various transactions with Cryptocurrencies, including buying, selling, and exchanging them through Fineyra’s platform.

Fineyra may conduct verification checks for certain transactions as required by law, including Anti-Money Laundering (AML) and Know Your Customer (KYC) procedures. These checks may increase the time it takes to process the transaction. Fineyra is not liable for any delays caused by such checks and will not be responsible for any direct or indirect losses or damages due to such delays.

It is the User’s sole responsibility to determine whether any taxes apply to the transactions conducted through the platform and to ensure that the correct amounts are withheld, collected, reported, and remitted to the appropriate tax authorities.

A unique order ID number is generated for each transaction. In case of any issues or complaints, the User must present this order ID.

Revocation or Amendment of Orders

The User acknowledges that the execution time for orders is based on Fineyra's actual operating hours. All orders placed by the User are final. The User does not have the right to revoke or amend orders once they have been placed.

Cryptocurrency orders

The User can buy, sell, or swap Cryptocurrencies (if in a supported region) from and to Fineyra through the platform or Partner Sites. These transactions are subject to the fees and limits displayed during the purchase and sale flow. The price, exchange rate, and amount of the Cryptocurrency that the User wishes to purchase or sell will be confirmed when the Order is placed.

Acceptance of an Order by Fineyra does not guarantee the immediate receipt of the corresponding Cryptocurrency or fiat currency. The transaction is conditional upon Fineyra receiving the necessary funds from the User’s credit or debit card, or the applicable Cryptocurrency in the case of a swap, and the payment of any associated fees.

Once the User’s payment provider (bank, card issuer, etc.) honours the Order, Cryptocurrency purchases or swaps will be credited to the User's designated Custodian Wallet provided by Fineyra as soon as the purchase is confirmed by the Cryptocurrency network. Until the network sufficiently confirms the transaction, the Order will remain unconfirmed and will not be credited to the Wallet.

Cryptocurrency sales will be debited from the User’s Wallet, as specified at the time of the Order, once the Cryptocurrency sale has been confirmed by the network. During the pending period of the sale, the Cryptocurrency will remain in the Wallet until the network confirms the transaction. Upon confirmation, fiat funds will be transferred to the User's bank or card provider as soon as possible.

Fineyra may use third-party payment processors to handle fiat payments between the User and Fineyra. Additionally, when accessing Fineyra’s Services through Partner Sites or third-party payment processors, the User may be required to accept separate and independent terms from those parties.

Privacy Policy

Please refer to the Privacy Policy for information about how Fineyra collects, uses, and discloses information about its Users.

Fees

Fineyra reserves to right to charge and also not to charge any fees for the usage of Services. The User agrees to pay to Fineyra the fees for the usage of the Services as it set, amended, and updated from time to time by the sole discretion of Fineyra. The applicable fees will be shown prior to using the respective Services, conducting transactions, or any other operations through the Website.

Risks associated with the Services

Any activity related to Cryptocurrencies involves substantial risks. Before using the Services, the User should thoroughly assess these risks.

The User agrees to:

carefully evaluate the risks associated with purchasing and holding Cryptocurrencies and acknowledge that their value may fluctuate.

acknowledge the unpredictable nature of Cryptocurrencies (including, but not limited to, the risk of unknown vulnerabilities or unexpected changes to the network protocol), and recognize that Cryptocurrencies are not regulated by any central bank or government authority and do not constitute a securities instrument.

If the User is uncertain about the appropriate actions to take, Fineyra advises consulting legal, financial, tax, or other professional advisors. If any of the risks are deemed unacceptable by the User, they should not use the Services.

The User acknowledges and agrees that they will access and use the Services at their own risk.

Stored card details

Fineyra is legally required to obtain the User's consent to store card details for future use and cannot process payments until such consent is given. By accepting this Agreement, the User grants Fineyra permission to store their card information.

Card details will be stored with the User's Account for transactional purposes, unless the User chooses to remove them or the card expires. Fineyra will continue to keep records of transactions for legal reasons, in accordance with our Privacy Policy.

This storage facilitates easier future transactions and helps Fineyra in detecting and preventing fraudulent activities.

Stored details are primarily used to avoid the need for re-entering information for every transaction. The User will see the last four digits of the card number in their Account, which helps them identify the correct card they wish to use.

Fineyra also uses stored details in fraud prevention systems to ensure that the User's information is not used on other Accounts and to protect their data.

If the User does not consent to the storage of their payment card details, Fineyra will be unable to process transactions from that card.

Any changes to how stored details are used will require the User's agreement, and Fineyra will notify the User if such changes occur.

Trademarks and Intellectual Property

The User explicitly acknowledges that Fineyra is and remains the sole owner of the Services and all related intellectual property rights. The Website, along with all information, content, material, graphics, products, website addresses, layouts, and services included on or made available to the User through the Website, are the exclusive property of Fineyra and are protected by applicable law. All such rights and goodwill are, and shall continue to be, vested with Fineyra.

The User may only use the Website and Services for personal, lawful, and non-commercial purposes. Any other use of the content of the Services is strictly prohibited, and the User agrees not to infringe or allow others to infringe upon Fineyra’s intellectual property rights.

The User may not sell or modify materials derived from the Services, nor reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose. Using 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 from the Services without prior written permission from Fineyra.

Without prejudice to the right of the User or any third party to challenge the validity of any intellectual property of Fineyra, the User shall not perform or authorize any third party to perform any act that would or might invalidate or be inconsistent with any intellectual property of Fineyra—including, but not limited to, patents, copyrights, registered designs, trademarks, or other industrial or intellectual property rights—and shall not omit or authorize any third party to omit any act that, by its omission, would have such an 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 might find offensive or inappropriate. Third-party websites might also independently refer to the Website(s). The User acknowledges that these third-party websites are not under the control of Fineyra and, regardless of any affiliation with Fineyra, Fineyra is not responsible for the accuracy, decency, legality, or any other aspect of the content on such websites.

The User undertakes to notify Fineyra of any actual, threatened, or suspected infringement of Fineyra’s intellectual property rights that comes to the User’s attention, as well as any claim by any third party due to the use of the Services.

Warranties and representations

Fineyra strives to maintain the highest quality of operations, ensuring the accessibility and continuity of its Services in line with their intended use and purpose. However, it is important to recognize that no long-distance data transmission can guarantee 100% security, continuity, or accessibility of the Services.

The Website and Services are provided on an "as is" and "as available" basis, with all faults. Fineyra 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 implied warranties of merchantability and fitness for a particular purpose. The User acknowledges that, to the extent permitted by applicable law, all risk associated with the use of the Website and Services rests entirely with the User.

By agreeing to this Agreement, the User represents, warrants, and undertakes to Fineyra that:

1. The User has full power and authority to enter into this Agreement.
2. The User understands and acknowledges that Fineyra does not warrant that any of the Services available through its API are suitable or appropriate for the User's needs and that independent legal and other advice should be sought regarding such Services.
3. The User is entering into this Agreement as a principal and not on behalf of any third party.
4. The User will not violate any applicable laws by entering into this Agreement or receiving the Services provided under it.
5. The User will not provide false, misleading, or inaccurate information.
6. The User will not facilitate any viruses, malware, worms, trojan horses, or other programming routines that may damage, corrupt, disrupt, misuse, or gain unauthorized access to any data, system information, or Fineyra services.
7. Funds or Cryptocurrencies transferred to the Wallet or any sub-Wallet have been acquired lawfully.
8. The User will not use an anonymizing proxy or any other automatic device, spider, or manual process to copy or monitor the Fineyra websites without prior written permission.
9. The User will not harass or threaten Fineyra employees, agents, or other users.
10. The User understands and acknowledges that while Fineyra makes reasonable efforts to ensure the accuracy of the information provided, neither Fineyra nor any of its directors, employees, or agents make any representation or warranty, express or implied, as to the accuracy or completeness of such information.
11. Any information provided by the User to Fineyra under this Agreement is true, complete, accurate, up-to-date, and not misleading.
12. The User shall provide all assistance reasonably requested by Fineyra to enable Fineyra to comply with its obligations under this Agreement.

Fineyra Services are provided on an "as is" and "as available" basis, with no further guarantees regarding their availability. Specifically, Fineyra disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Fineyra does not promise that access to the Website, any of its Services, or any of the materials contained therein will be continuous, uninterrupted, timely, or error-free.

Fineyra makes no representation or warranty that the Services are applicable or appropriate for use by Users in all jurisdictions. It is the User’s responsibility to ensure compliance with the laws of any relevant jurisdiction in which they reside.

Limited liability

Disclaimer
IN NO EVENT WILL Fineyra BE LIABLE FOR ANY LOST PROFITS, REVENUE, OR DATA, NOR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING 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 Fineyra HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY ASSERTED.

Cap on Liability
UNDER NO CIRCUMSTANCES WILL Fineyra'S LIABILITY TO THE USER FOR DAMAGES ARISING OUT OF THE SERVICES EXCEED THE AMOUNT OF 100 EUR.

Exceptions
The limitations set forth above will not apply to damages caused by Fineyra’s gross negligence, fraud, or willful misconduct, or to the extent such limitations are precluded by applicable law (in which case Fineyra’s liability will be increased to the minimum amount required to comply with such law).

Indemnity

The User agrees to indemnify Fineyra against any claims, damages, losses, or legal fees incurred due to the User’s use (or misuse) of Fineyra.

Entire Agreement

This is the entire agreement between the parties and supersedes any other agreement, representations (or misrepresentations), or understanding, however, communicated.

Applicable legislation and disputes resolution

The legislation of Canada shall be applied to the Terms. Any court action between Fineyra and the User shall be resolved in the appropriate court located in the User's jurisdiction in Canada, which will have exclusive jurisdiction for resolving disputes arising under the Terms.

Jurisdiction – legislation and disputes resolution

These Terms and the relationship between the Parties regarding the Services will be governed by and construed in accordance with the laws of Lithuania, without reference to conflict of law principles or choice of law provisions. The Parties unconditionally submit to the exclusive jurisdiction of the courts of Lithuania to resolve any disputes (including claim procedures, lawsuits) arising out of or relating to these Terms.

Contact information

If you have any questions regarding the Agreement, the Website, or the Services, please contact Fineyra using the online chat box available on the Website or by email at info@fineyra.com. A member of the Fineyra support team will be happy to assist you.