Annex 1: Virtual Currency Wallet Agreement

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Valid from: 2023-04-18

Virtual Currency Wallet Agreement

Thank you for choosing SpectroCoin. The following Virtual Currency Wallet Agreement (referred to herein as the "Agreement") applies and you agree to it if you use the Virtual Currency Wallet (referred to herein as the "Wallet") service. You should read this Agreement carefully if you use the Wallet service.

  1. Interpretation and Definition

    1. In this Agreement and all documents incorporated herein by reference, all definitions will have the meaning assigned to them under the General Terms and Conditions (the "Terms") which can be found on the Site. Additional definitions may be provided throughout this Agreement.
    2. For the ease of the use of the Site and the Services, the Virtual Currency sale and purchase Services may also be referred to as the "Buy & Sell" throughout the Site and this Agreement.
    3. This Agreement should be interpreted in accordance with the rules of interpretation set out in the Terms.
    4. The matters not regulated by this Agreement, including but not limited to, eligibility, creating an account with SpectroCoin, fees, liability and indemnification, are regulated by the Terms.

  2. Scope of Agreement and Acceptance

    1. This Agreement sets out the terms and conditions for using the Wallet, including its functionalities as described below:
      1. The functionality of Fiat Currency (deposit and withdrawal) within the Wallet;
      2. The functionality for Merchants;
      3. Buy & Sell functionality, allowing to sell and purchase the Virtual Currency on the Site.
    2. By taking the first action required to create the Wallet with SpectroCoin, you acknowledge that you have read, understood, and completely and unconditionally agree to be bound by and accept this Agreement, its terms and conditions and all the policies and guidelines that are incorporated herein by reference. If you do not agree with the Agreement and/or individual provisions of the Agreement, you cannot use the Wallet and any functionality of it.

  3. Use of Wallet

    1. SpectroCoin Wallet is an online Virtual Currency storage service which allows you to hold, send and receive the Virtual Currency without needing to download a Virtual Currency client. You may also sell and purchase the Virtual Currency using the Wallet.
    2. You confirm that you know, understand and agree that if the particular Virtual Currency is accessed through several different blockchain technologies or networks, we, regardless of the blockchain technology or network by which you have received (purchased) the particular Virtual Currency, have a right, at our sole discretion, to choose the blockchain technology (network) which is used to hold that particular Virtual Currency in our custody. We take no responsibility for any inconvenience or loss due to our chosen blockchain technology (network) for Virtual Currency custody, despite it differs from the Virtual Currency blockchain technology or network of relevant Virtual Currency transaction to or from the Wallet.
    3. The Wallet is not a payment instrument, e-money wallet or a similar instrument. The Wallet can only be used to hold, send and receive the Virtual Currency.
    4. You are the owner of the Virtual Currency stored in the Wallet. You can access all information related to your Wallet through your account on the Site.
    5. Your Wallet's initial balance will be zero. You can add the Virtual Currency to the Wallet using the methods described in the Agreement.
    6. Maximum amounts of deposits and withdrawals that you can make to or from your Wallet are published on the Site.
    7. SpectroCoin may at its own discretion and without your consent impose limits on your Virtual Currency transactions and/or the Wallet. The information about the generally applicable limits can be found on the Site.
    8. Your use of the Wallet may be limited subject to the account verification requirements.
    9. SpectroCoin reserves the right to restrict your usage of the Wallet or block the Wallet altogether, if you violate this Agreement, the Terms or any other applicable documents and laws.
    10. SpectroCoin reserves the right to change, supplement or discontinue the Services offered in the Wallet, the Wallet's features and the Wallet itself at any time without your consent.
    11. The use of auto trade robots (bots) or any other kind of automatic trading (buy, sell) software or devices on the SpectroCoin account is strictly forbidden. SpectroCoin reserves the right to suspend Customer accounts without notification, if suspected of such activities. SpectroCoin reserves the right to reverse all transactions, if the Customer is suspected to be engaged in such activities. SpectroCoin reserves the right to charge a penalty fee of 2 times trading turnover, but no less than 25 000 EUR, if Customer is or was engaged in such activities.
    12. Your Wallet Virtual Currency balance, transactions, Buy & Sell operations, history, hot and cold wallets are always operated, held and processed by the SpectroCoin company Spectro Finance Limited.

  4. Fiat Currency functionality

    1. Any Fiat Denominated Virtual Currency reflected in your Wallet is at all times a Virtual Currency. Your Wallet is not a bank account nor any other type of financial account and therefore no Fiat Currency is stored on your Wallet. Any Wallet functionality pertaining to the Fiat Currency is available for the sole purpose of purchasing, selling, exchanging and transferring the Virtual Currency, and this functionality may vary depending on your SpectroCoin company. You may not use the Wallet as a means to hold or transfer the Fiat Currency for the purposes other than stated above even if the Wallet functionality or combination thereof allows you to use our Services in this way.
      1. From the moment real Fiat Currency reaches the account of SpectroCoin company (transfer from your bank account, etc.) it is converted to a particular Fiat Denominated Virtual Currency, which is then reflected, held and administered in the Wallet. Accordingly, a withdrawal of real Fiat Currency is made by converting this Fiat Denominated Virtual Currency from your Wallet to the real Fiat Currency and transferring it to your specified location (financial account, etc.). Real Fiat Currency conversion to or from the Fiat Denominated Virtual Currency in the Wallet is made according to our established rate, which not always may be 1:1. The Fiat Currency definition throughout all the Agreement is used in the meaning of the Fiat Denominated Virtual Currency as it is explained here and in no case Fiat Denominated Virtual Currency in the Wallet can be treated as a real Fiat Currency.
      2. The Fiat Denominated Virtual Currency may also be transferred between and used for services offered by the selected (closed loop) partners on the Platform and/or related platforms, such as SpectroCoin exchange, which together with SpectroCoin are treated as the one closed loop platform. Any conversion of Fiat Denominated Virtual Currency to real Fiat Currency, real Fiat Currency deposit or withdrawal functionalities be used in the Wallet only as it is described in this annex.
    2. For the Fiat Currency transfers to/from your Wallet, you must use only your own account, and transfers to/from any external third-party accounts are strictly forbidden. In the context of this provision, transfers are treated to be from/to the third-party accounts if:
      1. A transfer made via SpectroCoin, in someone else's name, even when permission is given by the third-party.
      2. A transfer made via bank transfer, in someone else's name, even when permission is given by the third-party.
      3. A transfer made via an alternative transfer method such as Skrill, Neteller, Payeer or Perfect Money, in someone else's name, even when permission is given by the third-party.
      4. A transfer made on your behalf by a family member, friend or spouse.
      5. A transfer made via debit/credit card, in someone else's name, even when permission is given by the third-party.
    3. Funds can be added or withdrawn through available methods, such as your bank, payment institution or electronic money institution account. We can also offer a possibility to deposit or withdraw funds through our partners on the Platform, such as SpectroCoin loans, when you can add or withdraw funds using their wallet. We may at any time change the available payment methods or available service providers, which we choose at our sole discretion. SpectroCoin will have no liability or obligation for taking such action. You cannot add or withdraw funds to or from your Wallet from or to another person's account. In some cases, depending on your SpectroCoin company, there may be no possibility to add or withdraw funds to or from your Wallet at all.
    4. Funds are added to your Wallet as Fiat Denominated Virtual Currency upon receipt of payment to the SpectroCoin bank account or through an intermediary. Local bank transfer takes up to 2 working days, international transfers may take up to 10 working days, transfers through an intermediary may take up to 2 working days.
    5. Incorrect payments or payments from third parties’ accounts are returned to the payer after deducting fees of a bank, an intermediary and SpectroCoin return fee. In general, SpectroCoin takes no responsibility regarding such payments and their fate.
    6. Funds are withdrawn from your Wallet after the conversion from the Fiat Denominated Virtual Currency within 2 working days, but the actual transfer of money may be longer. A local bank transfer may take up to 2 working days, international transfers may take up to 10 working days, transfers through an intermediary may take up to 2 working days. However, transfers may take more time, in which case SpectroCoin will not take any legal responsibility for losses in relation to such cases.
    7. SpectroCoin reserves the right to prolong the term for any transaction (add or withdraw funds) and postpone their implementation, if there is a need to implement additional due diligence, verification, examination, investigation or any other of this sort activity due to internal risk management, official authorities request of recommendation or implementation of the legal requirements. SpectroCoin will not take any legal responsibility for losses in relation to such actions.

  5. Sending and Receiving Virtual Currency

    1. You may use the Wallet to send or receive the Virtual Currency to or from SpectroCoin or other persons.
    2. You may add or withdraw the Virtual Currency to or from your Wallet by using the following methods:
      1. using the Virtual Currency system (i.e., the Bitcoin system);
      2. sending or receiving the Virtual Currency to or from another SpectroCoin Customer;
      3. buying or selling the Virtual Currency from or to SpectroCoin (including vouchers functionality);
      4. sending or receiving the Virtual Currency using functionality, integrated together with our partners at the Platform (SpectroCoin exchange or SpectroCoin loans, etc.).
    3. If you choose to add the Virtual Currency to your Wallet through the Virtual Currency system, SpectroCoin will generate a unique reception address (or addresses) for you in the Virtual Currency system. Once you transfer the Virtual Currency to the reception address generated by SpectroCoin, your Virtual Currency will appear in your Wallet.
    4. In order to use the Virtual Currency system for withdrawing/sending the Virtual Currency you must provide SpectroCoin with your address in the Virtual Currency system. Then in the Virtual Currency system SpectroCoin will generate a private key/account/Wallet for you, which you will be able to use in order to access your Virtual Currency. Be aware that you are solely responsible for the security and use of your private key/account/Wallet and must keep it safe and undisclosed, because once it is lost you may no longer be able to access your Virtual Currency. SpectroCoin takes no responsibility and will not be liable for the security and/or usage of your private key/account/Wallet.
    5. The Virtual Currency will appear in your Wallet instantly if you receive it through the SpectroCoin system. If you use the Virtual Currency system to add the Virtual Currency to your Wallet, the Virtual Currency deposit may take as long as getting six confirmations in the Virtual Currency system.
    6. The risk of accidental loss, theft, disappearance or damage to the Virtual Currency will pass to the Customer upon adding or receiving the Virtual Currency in the Wallet.
    7. You may send the Virtual Currency to:
      1. another Customer of the Virtual Currency system;
      2. another SpectroCoin Customer by providing a recipient's email address.
    8. If you choose to send the Virtual Currency to another SpectroCoin Customer, your transaction will be processed instantly and in real time. In other cases the Virtual Currency transmission time depends on various factors; therefore, SpectroCoin cannot and does not guarantee instant transmission and takes no responsibility due to the length of the transaction.
    9. We can also offer a possibility to withdraw Virtual Currency with vouchers, which may be used only in the Platform. We are free to choose which Virtual Currencies are available for the use with vouchers. Vouchers are not a means of payment, an electronic money means or any other means pursuant to the applicable payment services laws. By your order to get a voucher you create a right to require the allocated amount of Virtual Currency, which may be redeemed by you or another user of the Platform by using the unique code of the voucher. Once you create a voucher, your allocated amount of Virtual Currency shall be immediately withdrawn from your Wallet and not be available for you. Once unique code of the voucher is used, allocated Virtual Currency shall be added to the Wallet of respective user of the Platform. Please keep and use your unique code of the voucher in a safe manner, do not disclose it without a need. We take no responsibility and will not be liable for the security and/or usage of your unique code.
    10. SpectroCoin reserves the right to prolong the term for instant or any other transaction and postpone their implementation, if there is a need to implement additional due diligence, verification, examination, investigation or any other of this sort activity due to internal risk management, official authorities request of recommendation or implementation of the legal requirements. SpectroCoin will not take any legal responsibility for losses in relation to such actions.

  6. Accepting Virtual Currency for Merchants

    1. SpectroCoin Wallet allows you to use the Wallet to accept the Virtual Currency from your payers. This functionality can be used by businesses, freelancers and other persons who wish to receive the payments in Virtual Currency from their clients (the "Merchants").
    2. You may only use this Wallet functionality if all of the following conditions are met:
      1. you have successfully completed the account verification process and there are no pending inquiries from SpectroCoin team that you have not yet responded to;
      2. you are the owner or the operator of a legitimate business or you are engaged in the legitimate business as a freelancer, self-employee or act in a similar capacity; herein the "Business" will have the meaning of any commercial or social activity of a continuous nature which requires frequent payments for the goods or the services provided (including charities, crowdfunding and similar);
      3. the business referred to in sub-clause above is a legitimate Business, not subject to any sanctions or legal restrictions in either the jurisdiction of SpectroCoin, or the jurisdiction where you or your clients operate or reside;
      4. you apply reasonable and risk-appropriate measures to identify your clients and evaluate their potentially illicit purposes for making payments in the Virtual Currency; if you are unsure whether the measures that you currently apply meet these requirements, please contact SpectroCoin before using the Merchant Services.
    3. In addition to the requirements set out in the Terms regarding verification of your identity and account, in order to use the Merchant services, you will be asked to provide additional information and documents, such as your business incorporation documents, your client verification requirements, explanation of the nature of your business, etc. The scope of such additional information and documents and the time of their submission will be determined at the sole discretion of SpectroCoin. Your failure to comply with these requirements will result in you being prohibited from using our Merchant services.
    4. SpectroCoin will provide technical infrastructure for accepting the Virtual Currency. However, in line with the Terms, SpectroCoin takes no responsibility for improper functionality, technical faults and downtime of the technical infrastructure.
    5. In order to begin using our Merchant services, you have to create a Merchant project at your account. You can create unlimited Merchant projects.
    6. The Merchant services are intended to be used by the persons operating or engaged in businesses as a means of payment collection rather than being used as an alternative to standard account-to-account (Wallet-to-Wallet) transactions. If we detect that the Merchant services or some of your Merchant projects are not used for business purposes, we may at our own discretion and without prior notice terminate either a specific Merchant project or the whole Merchant services package. You will be solely responsible and liable for any and all consequences which may arise out of such termination of the Merchant services (project).
    7. You may choose any of the available options to accept payments in Virtual Currency. Up-to-date information about currently available options and their implementation can be found on the Site. eCommerce Plugins, API and manual order creation options are available to choose from. We may at our sole discretion at any time and without any prior notice add new or disable existing options.
    8. Once your client makes a payment in Virtual Currency, SpectroCoin will add the amount of Virtual Currency to your Wallet. You may opt to automatically convert the payment amount to a supported Fiat Currency. In such a case, SpectroCoin will convert the funds based on the actual Virtual Currency and Fiat Currency buy or sell rate (the "Buy & Sell Rates") applicable on the Site. Virtual Currency received to your Wallet will be converted to Fiat Currency at the time your received payment will be credited to your Wallet. The converted amount of the Fiat Currency will be added to your Fiat Currency Wallet.
    9. You and not SpectroCoin are the owner/seller of your products/services for which you accept the Virtual Currency as a form of payment. You undertake to clearly inform your customers that they buy products/services directly from you. You may not advertise, claim or imply in any way that SpectroCoin is involved in selling the goods/services. This, however, does not preclude you from advising your clients that their payments in Virtual Currency will be made through SpectroCoin.
    10. SpectroCoin will not investigate whether you as a seller must comply with any legal requirements pertaining to your business activity and/or whether you actually comply with them. It is entirely your responsibility to ensure that you know such requirements and comply with them.
    11. SpectroCoin is not responsible for the quality and delivery of your products/services, support, refunds and returns. Neither are we responsible for any reversals, chargebacks, fees, fines, penalties and other liability and/or losses arising out of any transaction between you and your customers.
    12. SpectroCoin is not involved in the transaction between you and your customers and is not the agent of either of you for any purpose. Therefore, SpectroCoin will not be involved in resolving any disputes between you and your customers related to or arising out of any transaction. In case SpectroCoin is involved into any dispute by any third party, you will indemnify and hold SpectroCoin harmless against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from any such dispute.
    13. SpectroCoin may at any time at its sole discretion, without indicating a reason, suspend or terminate the functionality of the technical infrastructure used for acceptance of the Virtual Currency.

  7. Selling and Purchasing Virtual Currency

    1. If you have an account with SpectroCoin and your Wallets are active, you can sell and purchase Virtual Currency. This Service can be accessed through your account.
    2. You can sell and purchase any of the Virtual Currencies supported by SpectroCoin. We may at any time change the available Virtual Currencies, which we choose at our sole discretion. SpectroCoin will have no liability or obligation for taking such action.
    3. SpectroCoin does not connect you with other Customers selling or purchasing Virtual Currency. Your sale or purchase transaction is done between you and SpectroCoin. If you want to send or receive Virtual Currency to or from other SpectroCoin Customers directly, you have to use other Wallet functionality for that purpose.
    4. If you want to sell or purchase Virtual Currency, you must make an offer on the offer page located within your account. In the offer form, you will have to indicate the amount of the Virtual Currency that you want to sell or purchase. You must enter the full details of your offer as required when filling the offer form. If your offer details are incorrect and/or insufficient, SpectroCoin may reject the offer and take no responsibility for such action.
    5. SpectroCoin does not finance the Virtual Currency sale and purchase transactions. If you want to sell or purchase Virtual Currency, you have to load your SpectroCoin Wallet in advance. The amount that you indicate in the offer form may not exceed the amount of the Virtual Currency that you have in your Wallet.
    6. SpectroCoin may at its own discretion and without providing you any explanation reject your offer. In this case, your Wallet balance will remain unchanged and no sale or purchase transaction will take place. We will not be liable to you for rejecting your offer, irrespective of underlying reasons, moment of rejection or any other circumstances.
    7. If SpectroCoin accepts your offer, the transaction (sale or purchase) will be processed automatically without any further input from you.
    8. SpectroCoin will only pay for the Virtual Currency that SpectroCoin purchased from you after the Virtual Currency is received at SpectroCoin Virtual Currency address. SpectroCoin does not pay for the Virtual Currency it purchases from you in advance.
    9. After accepting your offer, SpectroCoin will charge your Wallet for the amount that you have to pay to SpectroCoin – the sale or purchase price (Buy & Sell rate), which is applicable at the time of transaction.
    10. The transaction is considered complete after the amount of Virtual Currency that you purchased is available at your Wallet and the payment amount will be permanently deducted from your Wallet.
    11. The risks of accidental perish, theft, disappearance or damage to your purchased Virtual Currency will pass to you after the transaction is processed.
    12. By selling your Virtual Currency you warrant to SpectroCoin that you have the legal title to the Virtual Currency.
    13. Do not forget that there are no refunds or returns regarding purchased or sold Virtual Currency:
      1. We do not accept returns of Virtual Currency and provide refunds. However, you can always resell your purchased Virtual Currency on our Site or other marketplaces.
      2. Please note that we are not obliged to purchase (repurchase) your purchased Virtual Currency and we can reject your offer to do so without indicating any reasons.
    14. SpectroCoin keeps a right at any time at its own decision to reverse any approved transaction. SpectroCoin will not take any legal responsibility for losses in relation to such actions.

  8. Your Acknowledgements regarding Buy & Sell Rates

    1. For your convenience and evaluation, the Site provides indicative market rates for the purchase or sale of Virtual Currency and Traditional Currency ("Market Rates"). Please note that during the purchase or sale of your preferred currency, the purchase or sale of currency is based on the actual Buy & Sell Rates that are applicable on the Site at the moment of the transaction. The actual Buy & Sell Rates of the currency applicable on the Site will not necessarily be and do not have to be equal to the Market Rates. The Buy & Sale Rate is constantly changing, so you will see the specific Buy & Sale Rate applicable to your transaction in the window of the submitted offer before performing the currency purchase or sale transaction. Before making a transaction, please make sure that the offered Buy & Sell Rates is suitable for you.
    2. SpectroCoin determines the applicable Buy & Sell Rates at its sole discretion and based on the information from the sources which we pick at our sole discretion. We may at any time change the Buy & Sell Rates, which we choose at our sole discretion. SpectroCoin will have no liability or obligation for taking such action. We do not have any obligation to you to explain, prove or justify our Buy & Sell Rates. If you choose to proceed with your transaction, we will consider that you agree with the Buy & Sell Rates. If you do not agree with the Buy & Sell Rates, you cannot proceed with your transaction.
    3. By accepting this Agreement, you acknowledge that you are aware of the possibility that, due to the nature of the blockchain technology and fluctuations in the value of Virtual Currencies, currency Buy & Sell Rates may change and may also change during the submission of your offer and transaction.
    4. When your transaction is processed, your Wallet in payment currency will be charged and the Wallet in receiving currency will be loaded with the respective amounts based on the Buy & Sell Rates that was applicable at the moment when the transaction was processed. You acknowledge that in some instances these amounts may differ from the amount that was initially shown in the transaction order form.

  9. Fees

    1. In addition to the Fees provisions set out in the Terms, the following provisions will apply to your use of the Wallet:
      1. SpectroCoin Service fees (including fees for adding/withdrawing funds to/from the Wallet) are variable.
      2. Our fees are charged in the Virtual Currency to your Wallet immediately and automatically once your transaction or other use of our Service is completed.
      3. SpectroCoin will either add on top or deduct from the transaction amount any fees payable in relation to such transaction, including the fees payable to any third party such as bank, e-Wallet, intermediary or other. SpectroCoin does not compensate you for any such fees, therefore, the amount of funds you add/withdraw to/from your Wallet may actually be smaller.
      4. If, for any reason, we are unable to charge the fees to your Wallet automatically, your Wallet will be blocked and your unpaid fees will be set-off against any sums payable to you by SpectroCoin or deducted from any sums payable to you through SpectroCoin Services. If none of these options are feasible, we will demand a refund from you.
      5. Payments received in other currency than the currency supported in the Customer account (if it is allowed under your account) are accepted by converting the currency in the bank or other institution selected by SpectroCoin and adding a conversion margin of 5%. It is your responsibility to choose the payment currency supported in your account if you do not want to incur additional costs. Once the payment in the currency other than supported in your account is received at the SpectroCoin account, you will be charged the fees indicated in this clause above and this charge will be irreversible.

  10. Liability

    1. In addition to the liability and indemnification provisions set out in the Terms, the following provisions will apply to your use of the Wallet:
      1. SpectroCoin has no obligation to redeem or sell your Virtual Currency held in your Wallet for real Fiat Currency and/or nominal value;
      2. SpectroCoin will not provide any refunds of your Virtual Currency for any reason, including, but not limited to, loss of your Currency due to technical reasons, errors, malfunction of the Wallet, transaction failures, etc. and will not compensate any loss due to such reasons;
      3. SpectroCoin does not have control of and is not liable for the products or services that are paid for with your Virtual Currency or the risks that are associated with your business/transaction partners;
      4. If SpectroCoin uses an intermediary to process operations, payments and/or collect fees (for example, banks, e-wallets, PayPal, etc.), SpectroCoin does not assume responsibility for such intermediaries and their business stability;
      5. SpectroCoin is not responsible for incorrect payments made by you (for example, when you indicate a wrong purpose of payment, transfer funds to a wrong account or specify incorrect details of a recipient). The verification of incorrect payments may take significantly longer or, as the case may be, such payments may not be verified at all;
      6. SpectroCoin takes no responsibility for and will not be liable for any loss arising from the use of your Wallet, including, but not limited to, loss due to technical faults, which result in a loss of ability to access your Virtual Currency; system hacks; server failure or data loss; technical faults of the virtual currency system; forgotten passwords; security of your private keys; unauthorized access to your Wallet/Account; corrupted Wallet files or data; incorrectly constructed transactions or mistyped Virtual Currency/Wallet addresses;
      7. You are responsible for the security and integrity of your Wallet and computers or interfaces. SpectroCoin accepts no responsibility for any loss or damages if you provide SpectroCoin with any wrong or false information, including, but not limited to, incorrect wallet ID. SpectroCoin is not responsible for payments made to an incorrect wallet address or an incorrect bank or any other account indicated by you.

  11. Termination

    1. In addition to the provisions set out in the Terms, the following provisions will apply to your use of the Wallet:
      1. This Agreement will apply as long as you have the Wallet with SpectroCoin. You may only terminate the use of Wallet by closing your account altogether.
      2. If you choose to close the account, before submitting this request you must move your funds to another personal wallet address in the Virtual Currency System. If you keep funds in our wallet address, we will not close your account which will mean that the Terms and this Agreement will continue to apply to you, including your obligations pertaining to payment of the fees.
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