User Agreement
User agreement
This user agreement (hereinafter referred to as the "Agreement") is concluded between the following parties:
Stablecoin, s.r.o., with registered office at Mlynské Nivy 5, 821 09 Bratislava - district of Staré mesto, ID number: 53 230 728, registered in the Commercial Register of the District Court Bratislava I, Section: Sro, Insert No.: 147245/B (hereinafter as "Stablecoin, s.r.o." and according to the relevant grammatical form and meaning "we" or "our"),
and
the users who are interested in the provision of services by Stablecoin, s.r.o. under this Agreement (hereinafter referred to as "User" and according to the relevant grammatical form and meaning "You" or "Your"),
Stablecoin, s.r.o. and the User hereafter together as "Contracting Parties" and each separately as "Contracting Party").
INTRODUCTORY PROVISIONS
Digital currencies as virtual currencies represent a highly volatile digital currency that is not regulated by any central bank. Due to price volatility, the digital currency market and its value can rise and fall rapidly. Due to the above, trading with digital currencies brings risk. In special cases, full or partial depreciation of owned digital currencies may occur due to the actions of third parties or technological failure.
A prerequisite for investing in digital currencies is an understanding of their characteristics, including the potential risks associated with trading.
Due to the risk nature of digital currencies, it is not recommended to invest funds that the User cannot afford to lose, i.e. j. it is recommended to invest part of the funds that the User has set aside for investment purposes, and whose decrease or loss, he is willing to accept. It is not recommended to invest the funds obtained from the title of the loan or in any other way capable of influencing the lifestyle and/or other financial obligations of the User.
The contracting parties noting:
- the situation in the virtual currency market, which represents an increased level of risk;
- the current potential to increase as well as decrease the value of virtual currencies;
- portal and platform of Stablecoin, s.r.o. which, for the purpose of reducing the risks associated with virtual currencies and to ensure access to this technology, provides the possibility of acquiring virtual currencies and providing services related to virtual currencies through www.stablecoin-stco.com or any other website or other software solution owned by Stablecoin, s.r.o. (hereinafter referred to as the "Platform");
- that at the time of the preparation and conclusion of this Agreement, this area is not regulated in such a way that one central authority would supervise the market, value, quantity in circulation and overall stability, and that further developments, whether positive or negative, cannot reasonably be assumed and foreseen, while past income is not a guarantee of future income;
conclude this Agreement, while the rights and obligations of this contractual relationship are regulated as follows:
DEFINITIONS
Unless special meanings are assigned to the terms used in the Agreement, the terms have the following meanings:
AML Directive means the internal directive of Stablecoin, s.r.o. regulating the conditions for fulfilling the obligations of Stablecoin, s.r.o. arising from the Law;
Stablecoin, s.r.o. means the company Stablecoin, s.r.o., with its registered office at Mlynské Nivy 5, 821 09 Bratislava - Staré mesto district, ID number: 53 230 728, registered in the Business Register of the District Court Bratislava I, Section: Sro, Insert No.: 147245/B;
Tax has the meaning given in point 12.26. of this Agreement;
Acquisition day has the meaning given in point 4.5.6. of this Agreement;
Time has the meaning given in point 6.1. of this Agreement;
Confidential information has the meaning given in point 12.6. of this Agreement;
Electronic wallet has the meaning given in point 4.3.2. of this Agreement;
Investment period has the meaning given in point 4.5.7. of this Agreement;
Classification has the meaning given in point 3.1. of this Agreement;
Purchase price has the meaning given in point 4.3.3. of this Agreement;
Circumstances excluding liability has the meaning given in point 11.4. letter e) of this Agreement;
Personal data has the meaning given in point 3.2. of this Agreement;
Platform means the website www.stablecoin-stco.com or any other website or other software solution owned by Stablecoin, s.r.o. through which Stablecoin, s.r.o. provides Services;
Interruption of the provision of Services has the meaning given in point 10.10. of this Agreement;
Transfer has the meaning given in point 6.1. of this Agreement;
Product(s) has the meaning given in point 1.3. of this Agreement;
Overhead fee has the meaning given in point 9.3. letter c) of this Agreement;
Services has the meaning given in point 1.2. of this Agreement;
Consulting services has the meaning given in point 4.1. of this Agreement;
Sales and purchase services has the meaning given in point 4.3. of this Agreement;
Custody services has the meaning given in point 4.4. of this Agreement;
Services staking has the meaning given in point 4.5. of this Agreement;
Currency exchange services has the meaning given in point 4.2. of this Agreement;
Stablecoin has the meaning given in point 4.5.1. of this Agreement;
Cancellation fee has the meaning given in point 9.3. letter d) of this Agreement;
Consent to disposition has the meaning given in point 12.5. of this Agreement;
Transaction fee has the meaning given in point 9.3. letter b) of this Agreement;
Termination of the Agreement has the meaning given in point 10.1. of this Agreement;
User means a person who is interested in the provision of Services by Stablecoin, s.r.o. according to this Agreement and has concluded this Agreement with Stablecoin, s.r.o.;
Account has the meaning given in point 2.1. of this Agreement;
Custodial fee has the meaning given in point 9.3. letter a) of this Agreement;
Deposit has the meaning given in point 4.3.3. of this Agreement;
Revenue has the meaning given in point 4.5.9. of this Agreement;
Basic care means the scope of care for the User in the sense of Article 3. Point B. of this Agreement;
Act means Act No. 297/2008 Coll. on protection against the legalization of income from criminal activity and on protection against the financing of terrorism and on the amendment of certain laws;
Simplified care means the scope of care for the User in the sense of Article 3. Point A. of this Agreement;
Agreement means the user agreement in question, including all its annexes forming an integral part thereof;
Contracting Party means Stablecoin, s.r.o. and the User, each individually;
Contracting Parties means Stablecoin, s.r.o. and the User together;
Increased care means the extent of care for the User in the sense of Article 3. Point C. of this Agreement;
Request for transfer of virtual currencies has the meaning given in point 6.2. of this Agreement;
Request for payment has the meaning given in point 4.5.11. of this Agreement;
1. SUBJECT OF THE CONTRACT
1.1 The subject of this Agreement is the regulation of the rights and obligations of the Contracting Parties in the provision of services related to virtual currencies, specifically:
a) when providing the services defined in this Agreement by Stablecoin, s.r.o. to the User; a
b) when receiving services provided to the User by Stablecoin.
1.2 Stablecoin, s.r.o. mainly provides the following services:
a) advisory services in relation to virtual currencies (hereinafter referred to as "Advisory Services");
b) currency exchange services of the User from FIAT currency to virtual currencies, currency exchange services between virtual currencies, and conversion services of virtual currencies to monetary funds in FIAT currency (hereinafter referred to as "Exchange Services");
c) virtual currency sale and purchase services (hereinafter referred to as "Sales and Purchase Services");
d) custody services of virtual currencies (hereinafter referred to as "custody services");
e) "staking" services (hereinafter referred to as "staking services");
f) other services in terms of a special agreement between the Contracting Parties;
(Consulting services, Exchange services, Sales and purchase services, Custodial services and Staking services, hereinafter referred to as "Services").
1.3 Stablecoin, s.r.o. may offer Services separately or as part of special programs with specific parameters and conditions (hereinafter referred to as "Products" and separately as "Product"). In case of realization of the product offer, it will be published in the Platform.
1.4 The User acknowledges that Stablecoin, s.r.o. reserves the exclusive right to present and/or make any of the Products available exclusively to a specific group of users according to the specific conditions of the relevant Product and/or to change the scope and/or content of the Products at any time in accordance with the provisions of this Agreement.
2. USER REGISTRATION
2.1. The prerequisite for the provision of Services under this Agreement is the successful registration of the User on the Platform by establishing a user account (hereinafter referred to as the "Account") and confirmation of such registration by Stablecoin, s.r.o.
2.2. The condition for registering a User and setting up an Account is:
a) in the case of a natural person User at least 16 years of age, stating a true e-mail address; name and surname; telephone number and address of permanent or other residence of the User;
b) in the case of a legal entity User, fulfillment of the conditions and provision of care according to this Agreement, provision of a true e-mail address, trade name (name), telephone number and address of the User's seat, company identification number (IČO) and value added tax identification number (VAT number) if the legal entity is registered for value added tax;
c) acquainting the User with the wording of the personal data protection rules and contractual conditions according to this Agreement, and expressing the User's agreement with their wording by a clear expression of will in the form of marking the acceptance button during registration. Confirmation and marking of the acceptance button during the User's registration represents a clear expression of consent of the User's will with the wording of the personal data protection rules, contractual terms and conditions according to this Agreement and the relevant annexes.
2.3. Stablecoin, s.r.o., after completing the User's registration and establishing an Account, will send the User an e-mail to the e-mail address provided by him with confirmation of the establishment of the Account, verification of the User's identification and the User's authorization to use the Services. The e-mail will include an Internet link, which the User must click to confirm in order to use the functionality of the Platform and provide the Services.
3. ACTIONS BEFORE PROVIDING THE SERVICE
3.1. Stablecoin, s.r.o. is an obligated person according to § 5 par. 1 letter o) and p) of Act no. 297/2008 Coll. on protection against the legalization of income from criminal activity and on protection against the financing of terrorism and on the amendment of certain laws (hereinafter referred to as the "Law"). In this context, Stablecoin, s.r.o. is obliged, before providing Services based on the Agreement, providing a deposit according to the Agreement or taking other actions according to the Agreement, to perform the classification of the User in accordance with the provisions of the Act and the risk assessment policy in accordance with the AML Directive (hereinafter referred to as "Classification") and to provide Appropriate care for the user in accordance with the principles below.
A. Simplified care
3.2. Stablecoin, s.r.o. is entitled, in accordance with the Act and the AML Directive, to request the following identification data from the User - a natural person:
a) name and surname;
b) birth number (date of birth, if the birth number is not assigned);
c) nationality;
d) gender;
e) address of permanent residence or other authorized residence; a
f) type and number of the identity document;
(hereinafter referred to as "Personal Data").
B. Basic care
3.3. To a user who is a natural person and who does not meet the conditions for the provision of simplified care according to point 3.2. of this article of the Agreement, the so-called basic care.
3.4. For the purpose of providing basic care, the User - a natural person, before providing the Services, is obliged to provide Stablecoin, s.r.o. with additional information beyond the scope of Personal Data, or documents, in the following scope:
a) a copy of the identity document (citizen's card / passport);
b) confirmation of permanent residence or other authorized residence, documents proving the place of residence, such as a duly issued invoice for the supply of electricity, or a statement from a bank account indicating the User's identification data and consent address, statement from the register of residents of his home country);
c) image record (portrait photo) of the User together with clearly legible data from the identity document and the recognizable face of the User; a
d) information on the origin of the User's funds.
3.5. Stablecoin, s.r.o. is, in accordance with the terms of the Act and the AML Directive, obliged to provide basic care within the meaning of the Agreement to the User, who is a legal entity. For this purpose, Stablecoin, s.r.o. is entitled to request the following data and documents from the User - a legal entity:
a) business name;
b) company identification number (IČO);
c) registered office address;
d) identification data of the entry in the relevant register;
e) a copy of the identity documents of the statutory bodies and end users of the User's benefits and their data to the extent of their Personal Data according to point 3.2. of this article of the Agreement;
f) confirmation of the address of the registered office (excerpt from the Business Register of the Slovak Republic or a similar register of legal entities, a properly issued invoice for the supply of electricity, or an extract from a bank account with the User's identification data and consent address);
g) image record (portrait photograph) of the face of the natural person setting up the User Account, together with clearly legible data from the identity document and a recognizable face, as well as the Personal Data of such a natural person;
h) information on the ownership structure of the User in the scope of Personal Data, if the partners are natural persons and in the case where the partners of the User are legal entities, in the scope:
- business name,
- company identification number (IČO),
- the address of the registered office of the User's partner,
- identification data of the User's partner regarding the entry in the relevant register, and i) information on the origin of the User's funds.
C. Increased care
3.6. If, based on a risk analysis in accordance with the Act and/or the AML Guidelines, Stablecoin, s.r.o. assesses that the User represents an increased risk of legalization of income from criminal activity or terrorist financing, Stablecoin, s.r.o. is entitled and at the same time obliged to request information from such a User and /or documents beyond the range of data required for the provision of simplified care and/or basic care according to point 3.2., 3.4. and 3.5. of this article of the Agreement.
3.7. Stablecoin, s.r.o. is authorized in relation to the User to perform increased due diligence in accordance with this Agreement and in accordance with the Act at the request of the competent authority and/or other authorized institution, as well as by its own decision for the purpose of preventing the legalization of income from criminal activity or the financing of terrorism to demand e.g. also a tax return, a bank account statement or a document proving the User's source of income.
3.8. The user fully acknowledges that he is responsible for the truthfulness, correctness and completeness of the data provided to Stablecoin, s.r.o. in connection with / for the purposes of this Agreement. Stablecoin, s.r.o. is based on the assumption that these data correspond to the actual state and since it does not have the means to verify them, Stablecoin, s.r.o. is not and cannot be responsible for any pecuniary and/or non-pecuniary damage that occurs or may occur as a result of any errors, inaccuracies, incompleteness and/or other deficiencies in the information provided.
3.9. By providing any information under this Agreement, the user confirms that the information provided is true, accurate and complete in its entirety. In this context, the user undertakes to notify Stablecoin, s.r.o. of any changes in the information and/or documents provided without undue delay, and within 10 (in words: ten) calendar days at the latest.
3.10. Stablecoin, s.r.o. is entitled to provide the User with the appropriate level of care in accordance with the Terms and the Law, even repeatedly, in connection with the verification of the timeliness, truthfulness or accuracy of the data provided by the User at any time during the duration of the Agreement.
D.User identification verification
3.11. Stablecoin, s.r.o., for the purpose of verifying the provided Personal Data or other data or documents, is authorized to perform all actions necessary to verify the identification of the User and the identification of the end users of the User's benefits, to perform the necessary actions to protect against fraudulent activities, legalization of income from criminal activities, financing of terrorism or any other by illegal action, directly or through a third party.
3.12. For the purpose of verifying the User's identification, Stablecoin, s.r.o. is entitled to verify the truthfulness and completeness of the data and/or documents provided by the User.
3.13. Stablecoin, s.r.o., as the obliged person, examines whether the data, documents or other documents received on the basis of the Agreement are in accordance with the requirements and conditions of this Agreement. The User acknowledges that Stablecoin, s.r.o. is not responsible for the authenticity, validity and translation of these documents, nor for the content conformity, truthfulness, correctness and completeness of the data contained therein.
3.14. The user undertakes to maintain the identity of the payment data specified in his Account with the relevant account, or payment location that the User has.
3.15. Stablecoin, s.r.o. reserves the right to:
a) limit the User's right to manage the Account to the necessary extent, until the moment of providing the appropriate level of care according to Article 3 of this Agreement;
b) restrict the User's access to the Account if the User does not provide Stablecoin, s.r.o. with information or documents necessary for the provision of appropriate care in accordance with this Agreement or if the User does not provide the information in question in the required quality and/or quantity;
c) restrict the User's access to his Account in case of reasonable suspicion that a crime or other illegal act has occurred or may occur in connection with the given Account. In the event that the User's access to the Account is restricted, Stablecoin, s.r.o. will inform him without undue delay, with the exception of cases in which notification of this fact to the User would be contrary to a generally binding legal regulation or a decision of a competent authority.
3.16. The User is obliged to maintain the confidentiality of his access data to the Account, as well as to adequately ensure the protection of end devices through which the User has access to the Platform or the Account.
3.17. When using the Services and the Platform, the User undertakes to use the appropriate technical end device, while being responsible for ensuring and maintaining the compatibility of the device with the relevant software and/or hardware equipment and any other technical requirements for the end device used. Stablecoin, s.r.o. is not responsible for possible property and/or non-property damages caused to the User due to non-compliance with any of his obligations under this Agreement.
3.18. The User acknowledges that despite the establishment of the User's Account and registration, Stablecoin, s.r.o. is entitled to refuse to provide him with a specific Service, in whole or in part. If Stablecoin, s.ro. uses the authorization in question, it will notify the User about it in a reasonable time. In the event that Stablecoin, s.r.o. refuses to provide the Service on the grounds that the conditions for the provision of care according to the relevant provisions of this Agreement will not be met, Stablecoin, s.r.o. will return the already provided performance to the User within a period of 30 (in words: thirty) calendar days from the expiry of the relevant period at the latest.
4. SERVICES
4.1. Consulting services
4.1.1. Stablecoin, s.r.o. provides consulting services as part of the Services, the subject of which is the design of the composition and share of the portfolio of individual virtual currencies within specific Products and the design of the layout of the User's portfolio.
4.1.2. When providing Consulting Services and for the fulfillment of their purpose, Stablecoin, s.r.o. is entitled to take into account formal criteria and fundamental criteria, or other metrics specific to a particular Product, in relation to the creation of the proposed composition and the proportions of its parts.
4.1.3. The purpose of providing Advisory Services is to optimize the profitability of the Services while limiting the risk related to virtual currencies (hereinafter referred to as "Advisory Services"). In accordance with the introductory provisions of the Agreement, the user acknowledges that virtual currencies are associated with risk and their value may rise or fall significantly in short intervals.
4.2. Exchange services
4.2.1. Stablecoin, s.r.o. provides virtual currency conversion services within the Services, i.e. (i) the service of changing the User's funds in the form of FIAT currency to virtual currency, (ii) the service of changing the User's virtual currency to funds in the form of FIAT currency, (iii) the service of changing virtual currency to another virtual currency (hereinafter referred to as "Exchange Services").
4.2.2 When providing the Exchange Service, for the execution of the conversion ordered by the User, the exchange rate ticket of virtual currencies listed in the Platform interface, valid at the time of execution of the order, is binding. The exchange rate is continuously updated and contains information about conversions of the value of deposits into virtual currencies, or virtual currencies into other virtual currencies.
4.3. Sales and purchase services
4.3.1. Stablecoin, s.r.o. provides within the Services the services of sale and purchase of virtual currencies available on the Platform for monetary funds in the form of FIAT currency (hereinafter referred to as "Sale and Purchase Services"). Depending on whether the User buys or sells virtual currencies, Stablecoin, s.r.o. has the status of a seller or a buyer of virtual currency.
4.3.2. When ordering the Sale and Purchase Service on the Platform, the User is obliged, in addition to the method of payment (bank transfer / PayPal payment gateway), to choose whether he wants to (i) store the purchased virtual currency by using the Custody Service according to Article 4.4. of this Agreement, or (ii) point to the User's electronic wallet (hereinafter referred to as the "Electronic Wallet").
4.3.3. The user is obliged to pay the purchase price for the selected virtual currency, i.e. j. transfer funds by bank transfer or through the PayPal payment gateway to the Stablecoin, s.r.o. bank account listed in the Platform interface, or on the issued invoice, namely on the day of execution of the order based on the issued Stablecoin, s.r.o. invoice (hereinafter referred to as "Deposit" or "Purchase price").
4.3.4. Stablecoin, s.r.o. will ensure safekeeping of the purchased virtual currency immediately after crediting the Purchase Price to Stablecoin, s.r.o.'s bank account. In the case of the User's request to send the purchased virtual currency to the Electronic Wallet, the User is obliged to provide Stablecoin, s.r.o. with the identification data (account) of the User's Electronic Wallet, by e-mail to the address: info@stablecoin-stco.com. In the event that the Electronic Wallet designated by the User is not eligible to accept the purchased type of virtual currency, the User undertakes to provide Stablecoin, s.r.o. with the identification data (account) of another User's Electronic Wallet by e-mail to the address: info@stablecoin-stco.com. Stablecoin, s.r.o. will send the purchased virtual currency immediately after crediting the funds for payment of the Purchase Price and notification of the identification data of the appropriate Electronic Wallet according to the previous sentence of this point of the Agreement.
4.3.5. When providing the Purchase and Sale Service, the exchange rate ticket of virtual currencies listed in the Platform interface, valid at the time the order is executed, is binding for the processing of the User's order. The exchange rate is continuously updated and contains information about conversions of the value of deposits into virtual currencies, or virtual currencies into other virtual currencies.
4.3.6. As part of the Purchase and Sale Service, the User is entitled to offer Stablecoin, s.r.o. for sale exclusively the virtual currency owned by the User, maintained in the User's Electronic Wallet.
4.3.7. The purchase and sale services are dependent on the User's chosen method of dealing with the purchased virtual currency, i.e. j. storage of virtual currency or sending to the Electronic Wallet identified by the User, charged according to Article 9 of this Agreement.
4.3.8 Stablecoin, s.r.o. reserves the right to cancel the purchase and sale Service order without giving a reason. Cancellation of the order will be notified by Stablecoin, s.r.o. via e-mail sent to the User's e-mail address specified in the Account. The purchase price paid by the User for the purchase of the selected virtual currency will be sent to the User's bank account from which it was paid, within 30 (in words: thirty) days from the date of notification of cancellation of the order.
4.3.9. The user is entitled to cancel the order of the Sales and Purchase Service without giving a reason. Cancellation of the order for the Sales and Purchase Service according to the previous sentence of this point of the Agreement is only possible if the User has placed an order to pay the Purchase Price to the bank account of Stablecoin, s.r.o., while the Purchase Price has not yet been credited to the account of Stablecoin, s.r.o.. The cancellation of the order will be notified by the User via an e-mail sent to the e-mail address info@stablecoin-stco.com. The purchase price paid by the User for the purchase of the selected virtual currency will be sent to the User's bank account from which it was paid, within 30 (in words: thirty) days from the date of notification of cancellation of the order. Stablecoin, s.r.o. is not responsible for possible bank transaction fees associated with the transfer of funds. In case of cancellation of the order for Sales and Purchase Services according to this point of the Agreement, the User is obliged to pay Stablecoin, s.r.o. a fee according to Article 9, point 9.3. letter d) Contracts
4.4. Custody services
4.4.1. Stablecoin, s.r.o. provides custody services within the Services in relation to virtual currencies for the purpose of ensuring their protection as part of the Services. Stablecoin, s.r.o. provides custody services mainly for the purpose of providing custody services in relation to virtual currencies.
4.4.2. Stablecoin, s.r.o. provides safekeeping services for virtual currencies in a manner and under conditions that represent their safe storage, protection against alienation, loss or accidental destruction in relation to the data necessary for handling virtual currencies (hereinafter referred to as "Custodial Services"). Stablecoin, s.r.o. uses custody solutions in the form of (i) Stablecoin, s.r.o. virtual wallet, (ii) cold storage, or (iii) portal www.binance.com.
4.4.3. When providing Custodial Services, Stablecoin, s.r.o. reserves the right to store virtual currencies at third-party addresses, in particular verified and secure portals of virtual currency exchange service providers, virtual currency wallet service providers or similar services associated with virtual currencies.
4.4.4. Stablecoin, s.r.o. undertakes to dispose of Users' virtual currencies and related private keys exclusively in accordance with the conditions specified in this Agreement or the conditions of provision of the relevant Product when providing Escrow Services.
4.4.5. Stablecoin, s.r.o. reserves the right to independently manage the form and form of the provision of Custody Services, in particular for the purpose of ensuring adequate protection of the User's virtual currencies and related private keys and ensuring adequate liquidity of funds.
4.4.6. The User is entitled to request the transfer of the virtual currency in his possession from safekeeping according to this Article of the Agreement to the User's electronic wallet in accordance with the conditions according to Article 6 of this Agreement.
4.5. Staking services
4.5.1. Within the Services, Stablecoin, s.r.o. provides staking services to the STCO Stablecoin (hereinafter referred to as "Stablecoin") available on the Platform (hereinafter referred to as "Staking Services"). The staking service allows the User to earn as a reward for using existing holdings of virtual currencies. Staking is one of the ways in which the User can generate passive income.
4.5.2. When ordering staking Services on the Platform, the User is obliged, in addition to the payment method (bank transfer / PayPal payment gateway), to choose whether he wants to store the purchased Stablecoin (i) using the Custody Service according to Article 4.4. of this Agreement, or (ii) point to the User's Electronic Wallet.
4.5.3. The user is obliged to pay the purchase price for Stablecoin, i.e. j. transfer funds by bank transfer or through the PayPal payment gateway to the Stablecoin, s.r.o. bank account listed in the Platform interface, or on the issued invoice, namely on the day of execution of the order based on the issued Stablecoin, s.r.o. invoice (hereinafter referred to as "Deposit" or "Purchase price").
4.5.4. Stablecoin, s.r.o. will ensure safekeeping of the purchased Stablecoin immediately after crediting the Purchase Price to the bank account of Stablecoin, s.r.o.. In the case of the User's request to send the purchased Stablecoin to the Electronic Wallet, the User is obliged to provide Stablecoin, s.r.o. with the identification data (account) of the User's Electronic Wallet by e-mail to the address: info@stablecoin-stco.com. In the event that the Electronic Wallet designated by the User is not eligible to receive the purchased Stablecoin, the User undertakes to provide Stablecoin, s.r.o. with the identification data (account) of another User's Electronic Wallet by e-mail to the address: info@stablecoin-stco.com. Stablecoin, s.r.o. will send the purchased Stablecoin without delay after crediting the funds for payment of the Purchase Price and notification of the identification data of the appropriate Electronic Wallet according to the previous sentence of this point of the Agreement.
4.5.5. The User acknowledges that crediting the Purchase Price to the Stablecoin, s.r.o. bank account may take several days, due to the performance of the AML control. In the event that the banking institution rejects the transfer of the Purchase Price during the AML control process or returns the Purchase Price to the User, or if the User refuses to cooperate for the purpose of successful AML control, Stablecoin, s.r.o. has the right to withdraw from this Agreement or cancel the order.
4.5.6. The Client acquires ownership rights to the Stablecoin purchased under this Agreement from Stablecoin, s.r.o., by crediting the Stablecoin to the User's Electronic Wallet, or by storing the Stablecoin in accordance with Article 4.4 of this Agreement (hereinafter referred to as the "Date of Acquisition").
4.5.7. The User acknowledges that the investment period of Stablecoin is at least 12 calendar months (hereinafter referred to as the "Investment Period"). The first Investment Period begins on the Acquisition Day and each subsequent Investment Period begins on the anniversary of the Acquisition Day.
4.5.8. During the Investment Period, Stablecoin, s.r.o. is obliged to pay the User to the chosen Electronic Wallet the proceeds (reward) from the amount of Stablecoin purchased for the relevant calendar month by the 15th (in other words: fifteenth) day of the following calendar month, at the percentage rate published in the Platform interface valid for on the day of execution of the order for the staking Service by the User (hereinafter referred to as "Proceeds"). Stablecoin, s.r.o. becomes obligated according to the previous sentence only upon fulfillment of the User's obligation according to point 4.5.3. of this article of the Agreement.
4.5.9. The user acknowledges and undertakes that during the first investment period (i.e. during the initial 12 calendar months from the date of acquisition) the purchased Stablecoin will not be freely disposed of (Lock program), this means that:
(i) in the case of possession of the purchased Stablecoin in the User's Electronic Wallet, the User, in particular, but not only, shall not exchange the Stablecoin for another virtual currency, shall not withdraw the Stablecoin from the Electronic Wallet, shall not request Stablecoin, s.r.o. to pay out the purchased Stablecoin in FIAT currency, and/or shall not perform other disposal actions in connection with Stablecoin, a
(ii) in the case of Stablecoin escrow pursuant to Article 4.4 of this Agreement, the User shall not request Stablecoin, s.r.o. to issue Stablecoin from escrow, to pay out the purchased Stablecoin in FIAT currency, and/or shall not perform any other disposal actions in connection with Stablecoin.
4.5.10. In the event that the User within the first Investment period (i.e. during the initial 12 calendar months from the Acquisition Date) performs or requests Stablecoin, s.r.o. to perform any disposition action with the purchased Stablecoin according to point 4.5.9. of this article of the Agreement, the User's right to the payment of Revenues according to point 4.5.8 shall cease. of this article of the Agreement, and at the same time, within a period of five (5) days from the date of submission of the request for the payment of the purchased Stablecoin in FIAT currency (hereinafter referred to as "Request for early payment") or the execution of another dispositional action, he is obliged to refer to the Stablecoin, s.r.o. Electronic Wallet in its entirety purchased Stablecoin together with the Revenues paid to the User on the basis of this Agreement.
4.5.11. The provisions of Article 6, point 6.3 shall be applied appropriately to the submission and processing of the Application for early payment. and 6.4. of this Agreement. In connection with processing the Application for early payment, Stablecoin, s.r.o. reserves the right to provide increased care in accordance with this Agreement. The User acknowledges and agrees that in the event of a Request for early payment of the purchased Stablecoin (Deposit) in FIAT currency, the amount of the Revenue paid to the User according to point 4.5.8 will be deducted from the value of the User's Deposit, whose early payment is requested by the User. of this article of the Contract and Fees for early payment according to article 9, point 9.4. of this Agreement. Stablecoin, s.r.o. will ensure the payment of the User's Stablecoin (Deposit) in accordance with the Request for early payment in the amount of the Deposit after deducting the amount of Revenue paid to the User and the Fee for early payment, within a period of 90 (in words: ninety) calendar days from the date of proper delivery of the Request for early payment, remittance of the purchased Stablecoin by the User to the Stablecoin, s.r.o. Electronic Wallet and provision of the appropriate level of care in accordance with the Agreement.
4.5.12. After the end of the Investment Period, or on the anniversary of the Acquisition Day, Stablecoin, s.r.o. is entitled to unilaterally adjust the percentage rate of the Revenue.
4.5.13. After the end of the first Investment Period according to point 4.5.7. of this article of the Agreement, the User is entitled to request Stablecoin, s.r.o. to pay out the purchased Stablecoin (Deposit) in FIAT currency to the User's bank account (hereinafter referred to as "Withdrawal Request"). The provisions of Article 6, point 6.3 shall be applied appropriately to the submission and processing of the Payment Request. and 6.4. of this Agreement. In connection with the processing of the Payment Request, Stablecoin, s.r.o. reserves the right to provide increased care in accordance with this Agreement. Stablecoin, s.r.o. will ensure the payment of the User's Stablecoin (Deposit) in accordance with the Payment Request within a period of 90 (in other words: ninety) calendar days from the date of proper delivery of the Payment Request, remittance of the purchased Stablecoin by the User to the Stablecoin, s.r.o. Electronic Wallet and provision of the appropriate level of care in accordance with the Agreement.
4.5.14. After the end of the first Investment Period according to point 4.5.7. of this Article of the Agreement, Stablecoin, s.r.o. is entitled, even without giving a reason, to notify the User of the termination of the provision of staking Services according to this Article of the Agreement and to pay the User the purchased Stablecoin (Deposit) in FIAT currency to the User's bank account, which the User is obliged to notify Stablecoin, s.r.o. immediately ( hereinafter referred to as "Notice of Termination of Provision of Staking Services"). In connection with the payment of Stablecoin (Deposit) to the User according to this point of the Agreement, Stablecoin, s.r.o. reserves the right to provide increased care according to this Agreement. Stablecoin, s.r.o. will ensure the payment of the User's Stablecoin (Deposit) within 90 (in other words: ninety) calendar days from the date of delivery of the Notice of Termination of Staking Services to the User's e-mail address, remittance of the purchased Stablecoin by the User to the Stablecoin, s.r.o. Electronic Wallet within the specified period and providing the appropriate level of care in accordance with the Agreement.
4.5.15. Stablecoin, s.r.o. reserves the right to cancel an order for staking Services without giving a reason. Cancellation of the order will be notified by Stablecoin s.r.o. via e-mail sent to the User's e-mail address specified in the Account. The purchase price paid by the User for the purchase of Stablecoin will be sent to the User's bank account from which it was paid, within a period of 30 (in words: thirty) days from the date of notification of cancellation of the order.
4.5.16. The user is entitled to cancel the order of staking services without giving a reason. Cancellation of the order for Staking Services according to the previous sentence of this point of the Agreement is only possible if the User has placed an order to pay the Purchase Price to the Stablecoin, s.r.o. bank account, while the Purchase Price has not yet been credited to the Stablecoin, s.r.o. account. The cancellation of the order will be notified by the User via an e-mail sent to the e-mail address info@stablecoin-stco.com. The purchase price paid by the User for the purchase of Stablecoin will be sent to the User's bank account from which it was paid, within a period of 30 (in words: thirty) days from the date of notification of cancellation of the order. Stablecoin, s.r.o. is not responsible for possible bank transaction fees associated with the transfer of funds. In case of cancellation of the order for staking Services according to this point of the Agreement, the User is obliged to pay Stablecoin, s.r.o. a fee according to Article 9, point 9.3. letter d) Contracts
5. TERMS OF PROVISION OF SERVICES
5.1. The prerequisite for the provision of any of the Services is the registration of the User, the establishment of an Account, the provision of the appropriate level of care according to this Agreement and the payment of the Deposit in accordance with the specific Product.
5.2. The user is obliged to transfer funds in FIAT currency (Deposit) to the Stablecoin, s.r.o. bank account listed in the Platform interface by bank transfer or through the PayPal payment gateway.
5.3. The User is obliged to send the Deposit exclusively from a bank account held for the User or from an account in relation to which the User has the right of disposal or other similar authority. When paying the Deposit, the User is obliged to indicate the relevant specific symbol, constant symbol or other data, which Stablecoin, s.r.o. is entitled to request.
5.4. Violation of the User's obligation according to the previous points of this article of the Agreement constitutes a violation of this Agreement. In the event of such a breach of the Agreement, Stablecoin, s.r.o. is not obliged to provide the User with any Services until compliance with this Agreement is ensured. In such a case, Stablecoin, s.r.o. shall not be liable for any pecuniary or non-pecuniary damage or other adverse consequence incurred by the User or any third party as a result of the violation of the terms of this Agreement.
5.5. After crediting the value of the Deposit to the bank account of Stablecoin, s.r.o. and providing the appropriate care according to this Agreement, Stablecoin, s.r.o. is obliged to provide the User with the relevant Services, except for the cases specified in the relevant provisions of this Agreement.
5.6. The User is aware that by crediting the Deposit to Stablecoin, s.r.o.'s bank account, Stablecoin, s.r.o. grants consent and instructions to provide the Services. In this context, Stablecoin, s.r.o. emphasizes that, in accordance with the relevant legal regulations, the User is not entitled to withdraw from this Agreement within a period of 14 (in words: fourteen) calendar days from the date of crediting the Deposit, due to the fact that the price of virtual currencies depends on price movements on the financial market (and other markets), which Stablecoin, s.r.o. cannot influence.
6. TRANSFER OF VIRTUAL CURRENCIES FROM ESCROW
6.1. The User is entitled to request Stablecoin, s.r.o. to transfer stored virtual currencies acquired from the Deposit funds or any part thereof to the User's electronic wallet (hereinafter referred to as "Transfer"), at the earliest after the expiration of a period of 30 (in words: thirty) calendar days from the date of conclusion of the Agreement (hereinafter referred to as "Time"), unless this Agreement provides otherwise for some Services.
6.2. The User is entitled to ask Stablecoin, s.r.o. for a Transfer based on the request for the transfer of the User's virtual currencies (hereinafter referred to as the "Request for the transfer of the User's virtual currencies").
6.3. The User is obliged to submit an Application for the transfer of virtual currencies, in which he indicates the relevant public addresses owned by the User for the purposes of the Transfer of the User's virtual currencies, by means of an e-mail sent to the e-mail address: info@stablecoin-stco.com. For the purposes of processing the Application for the transfer of virtual currencies, the User is obliged to send Stablecoin, s.r.o. a duly completed application, on the basis of which Stablecoin, s.r.o. will prepare and send the relevant formal application to the User for signature.
6.4. For the purposes of processing the Request for the transfer of virtual currencies, the User is obliged to ensure delivery of this request to Stablecoin, s.r.o. with an official certificate of authenticity of the User's signature within 15 (in words: fifteen) calendar days from the date of sending the formal request. A duly delivered Request for the transfer of virtual currencies is such a request that is clear, understandable, specific and provided with the relevant clause on the certification of the authenticity of the User's signature.
6.5. In connection with the Transfer and cancellation of custody, Stablecoin, s.r.o. reserves the right to provide increased care in accordance with this Agreement. Stablecoin, s.r.o. is obliged to ensure the Transfer of the User's virtual currencies specified in the Application for the transfer of virtual currencies within a period of 30 (in words: thirty) calendar days from the date of proper delivery of the Application for the transfer of virtual currencies and providing the appropriate level of care in accordance with the Agreement. If the object of the Transfer is all virtual currencies registered in the User's Account, the result of the Transfer may be the termination of the Agreement.
7. STATEMENTS OF THE CONTRACTING PARTIES
7.1. Stablecoin, s.r.o. declares that:
a) is a limited liability company, established and existing under the legal order of the Slovak Republic and is authorized to carry out its business activity in accordance with this Agreement;
b) is entitled to enter into this Agreement and exercise all of its rights and fulfill its obligations arising from this Agreement;
c) this Agreement represents the proper, certain, serious and understandable legally binding, valid and certain obligations of Stablecoin, s.r.o. that are enforceable against it, taking into account the relevant legal regulations governing bankruptcy, bankruptcy, restructuring and debt relief, which generally affect enforcement of creditors' rights; a
d) the conclusion and fulfillment of this Agreement and the obligations under this Agreement will not result in a violation of a generally binding legal regulation or a contractual or other obligation or the founding document of Stablecoin, s.r.o..
7.2. The user declares that:
a) has legal capacity and capacity for legal acts to the extent necessary for concluding this Agreement and receiving Services, while he is authorized to conclude this Agreement and exercise all his rights and fulfill obligations arising from this Agreement;
b) this Agreement represents properly, certain, serious and comprehensible legally binding, valid and certain obligations of the User, which are enforceable towards the User, taking into account the relevant legal regulations governing bankruptcy, bankruptcy, restructuring and debt relief, which generally affect the exercise of rights creditors;
c) the conclusion and fulfillment of this Agreement and the obligations under this Agreement will not result in a violation of a generally binding legal regulation or a contractual or other obligation;
d) provided and during the duration of this contractual relationship established by the Agreement will provide true, accurate and complete information to Stablecoin, s.r.o. in the scope and manner necessary for the proper provision of Services under this Agreement;
e) will not accept Services other than in accordance with this Agreement or otherwise than in accordance with their intended purpose, in any case not in violation of generally binding legal regulations;
f) has sufficiently familiarized himself with the functionality of the Platform and the Account, as well as with the nature and functioning of virtual currency technologies, in order to be able to accept the Services and exercise related rights and fulfill obligations; a
g) will continuously become familiar with the functionality of the Platform, the website of Stablecoin, s.r.o., as well as other information related to the fulfillments according to this agreement.
8. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. When using the Platform, Account and receiving Services, the User is obliged to comply with generally binding legal regulations, the Agreement, as well as to respect the rights of Stablecoin, s.r.o. and third parties.
8.2. The user undertakes that, in particular, but not only:
a) will not interfere with the functionality of the Platform, the Account or any solutions developed by Stablecoin, s.r.o. (whether technical or know-how) or for its benefit, related to the Services, threaten and/or disrupt their smooth operation, in any way;
b) will not use programs, devices and/or procedures that could have a negative impact on the functionality of the Platform, Account or Services;
c) will not illegally obtain Personal Data of other users or any information that is the subject of a trade secret of Stablecoin, s.r.o. or that is confidential information of Stablecoin, s.r.o.; and
d) will not use an unsecured e-mail or disclose data to the Account of any third party
8.3. The User is responsible for all activities related to the use of login data for his Account. In this context, the User is obliged in particular, but not only:
a) make sure that after ending the use of the Platform, he has followed adequate security measures, e.g. after the end of each visit to the Platform, properly log out of the Account and close the Internet browser or other interface used to access the Account, or made it impossible to control the terminal technical equipment; a
b) in the event that the User has a reasonable suspicion that there has been unauthorized access to his Account, use or disclosure of the User's login data, unauthorized access or use of the Account and/or any other violation of the security of the Account or the provision of Services, to inform about it without unnecessary delay Stablecoin, s.r.o..
8.4. The User undertakes not to use the Services to commit any type of illegal and/or unethical activity or activity that may negatively affect Stablecoin, s.r.o., the provision of the Services or other users. In this context, the user undertakes not to participate in particular in relation to this Agreement:
a) an unauthorized attempt to change the functionality or program disruption or other intervention in the Platform, Account, Services or any of their components;
b) an attempt to gain unauthorized access to the Services or to the Account of another user;
c) attempts to circumvent or thwart any security measures, including the provision of care in relation to the User under this Agreement; or
d) reproducing, duplicating, copying, selling or trading the Services for any purpose without the consent of Stablecoin, s.r.o..
8.5. In addition to other obligations specified in this Agreement, the User is obliged to:
a) use the Account in accordance with generally binding legal regulations, good morals and in accordance with this Agreement;
b) for the purpose of accessing the Account and the Platform, use exclusively trusted terminal technical devices and adequate security against malicious software and/or computer viruses; a
c) keep passwords to the Account secret or any similar data related to the Account or the performance of the Agreement with an appropriate level of protection.
8.6. The User acknowledges that Stablecoin, s.r.o. will not contact the User without prior notification regarding the data related to the Account, in particular the login data for the Account in question. In the event that the User suspects that he is being contacted for the purpose of fraud in relation to his Account, he is obliged to immediately report this fact to Stablecoin, s.r.o..
9. FEES ASSOCIATED WITH ACCOUNT MANAGEMENT, PROVISION AND TERMINATION OF SERVICES
9.1. The provision of Services is charged with fees according to this article of the Agreement. Stablecoin, s.r.o. reserves the right to unilaterally offset any payable fees and expenses or other claims related to the provision of Services and/or Products to the User
9.2. Stablecoin, s.r.o. reserves the right to change the amount of fees, or to introduce new fees, in connection with the provision of Services and possible expansion of their list and content.
9.3. Fees are charged as a separate item when ordering a Service, and their amount will be indicated in the Platform for individual Services and/or Products, while:
a) the fee for Custodial Services represents a fee for the provision of Custodial Services in connection with the order of Sales and Purchase Services according to the terms of this Agreement in the amount of EUR 1 (in words: one euro) (hereinafter referred to as the "Custodial Fee");
b) the fee for sending the purchased virtual currency to the designated electronic wallet of the User and for the Transfer is a fee of EUR 15 (in words: fifteen euros) and the fee for sending the purchased Stablecoin to the designated electronic wallet of the User and for the Transfer is a fee of 1, - EUR (in words: one euro), related to the payment of costs when sending virtual currency to the User, or in the case of a Transfer in relation to the provision of Escrow Services (hereinafter referred to as the "Transaction Fee"); a
c) the fee for providing purchase and sale Services and/or staking Services is in the amount of 5% of the value of the Deposit (hereinafter referred to as the "Overhead Fee"); a
d) the cancellation fee for canceling an order for Sales and Purchase Services and/or Staking Services is 5% of the value of the Deposit (hereinafter referred to as the "Cancellation Fee").
9.4. A special fee is the Fee for the early withdrawal of the purchased Stablecoin (Deposit) in FIAT currency in the event of submitting an Application for early withdrawal during the first Investment Period. The fee for early payment is differentiated as follows:
a) in the amount of 10% of the amount of the Deposit in the case of submitting an Application for early payment within three (3) months from the Acquisition Date;
b) in the amount of 7% of the amount of the Deposit in case of submission of the Application for early payment within three (3) – six (6) months from the Acquisition Date; a
c) in the amount of 5% of the amount of the Deposit in the event of submitting an Application for early payment within seven (7) – twelve (12) months from the Acquisition Date
(hereinafter referred to as "Early withdrawal fee").
9.5. Stablecoin, s.r.o. is entitled to charge additional fees related to the provision of Services under this Agreement or for the actions envisaged by this Agreement.
10. DURATION AND TERMINATION OF THE AGREEMENT
10.1. This Agreement may be terminated by the Contracting Parties in the following ways:
a) by agreement of the Contracting Parties;
b) by termination of any of the Contracting Parties (according to point 10.3. of this article of the Contract);
c) withdrawal from the Agreement by Stablecoin, s.r.o. (according to point 10.6. of this article of the Agreement);
d) withdrawal from the Agreement by the User (according to point 10.8. of this article of the Agreement); a
e) termination or resignation for other reasons regulated by this Agreement.
(hereinafter together or any method of termination of the Agreement only "Termination of the Agreement").
10.2. The parties to the contract are obliged to perform all actions necessary to prevent the occurrence of damage and to fulfill their obligations under this contract as of the effective date of termination of the contract, unless this contract stipulates otherwise.
10.3. Stablecoin, s.r.o. or the User may terminate the Agreement at any time by written notice, even without giving a reason. Stablecoin, s.r.o. is entitled to terminate this Agreement in writing, by delivering it to the User's e-mail address specified in the Account. The user is entitled to terminate this Agreement in writing by delivering it to the e-mail address : info@stablecoin-stco.com.
10.4. The notice period is 3 months (in words: three months) and begins to run from the day following the date of delivery of the notice of termination of the second Contract. After sending the notice, but no later than within 1 (in words: one) calendar month before the expiration of the notice period according to the previous sentence, the User is obliged submit an Application for the transfer of virtual currencies in accordance with Article 6. point 6.4. and 6.5. of this Agreement. After fulfilling the relevant conditions for the implementation of the Transfer and payment of the relevant fees, Stablecoin, s.r.o. undertakes to perform the Transfer no later than within 30 (in words: thirty) calendar days from the date of expiry of the notice period. The User undertakes to provide Stablecoin, s.r.o. with all necessary cooperation for the purposes of the Transfer in connection with the Termination of the Agreement.
10.5. In the event that the User does not deliver to Stablecoin, s.r.o. a request for the transfer of virtual currencies according to the conditions specified in this Agreement, Stablecoin, s.r.o. is entitled to buy back the User's virtual currencies, make a Withdrawal and pay the User the corresponding value in the currency in which the Deposit was made to the User's bank account .
10.6. If this Agreement does not provide otherwise, Stablecoin, s.r.o. is entitled to withdraw from the Agreement and cancel the User's Account and/or terminate the provision of Services to such User with immediate effect if:
a) The User provided false information in connection with the conclusion of the Agreement or in connection with its fulfillment, withheld or did not provide essential information or documents that are necessary for the existence and fulfillment of obligations under this Agreement;
b) The User is in arrears in fulfilling his obligations under the Agreement, while he did not fulfill this obligation even in the additional period of at least 30 (in words: thirty) calendar days provided by Stablecoin, s.r.o.;
c) Stablecoin, s.r.o. has acquired a justified and demonstrable suspicion that the User's actions contradict generally binding legal regulations or circumvent them or go against good morals;
d) Stablecoin, s.r.o. acquired a reasonable and demonstrable suspicion that the Account was used in an unauthorized manner or for the purpose of committing a crime or other illegal act; or
e) the obligation of Stablecoin, s.r.o. to withdraw from the Agreement results from a decision of a court, a public administration body or from a generally binding legal regulation.
10.7. Stablecoin, s.r.o. is entitled in case of withdrawal from the Agreement according to point 10.6. of this article of the Agreement to monetize the User's virtual currencies and, after taking into account the relevant fees according to this Agreement, transfer the funds in question in the currency in which the Deposit was made to the User's bank account, in the event that the transfer of the User's funds to his bank account does not contradict legal regulations or decisions competent authority.
10.8. If this Agreement or the conditions of any of the Services or any of the Products do not provide otherwise, the User is entitled to withdraw from the Agreement and terminate the acceptance of Services by Stablecoin, s.r.o., with immediate effect, in the event of:
a) material or repeated non-material breach of the Agreement by Stablecoin, s.r.o.; a
b) termination of Stablecoin, s.r.o.'s authorization to provide Services.
10.9. Stablecoin, s.r.o. is entitled in case of withdrawal from the Agreement according to point 10.8. of this article of the Agreement to monetize the User's virtual currencies and, after taking into account the relevant fees of this Agreement, transfer the funds in question in the currency in which the Deposit was made to the User's bank account, in the event that the User's transfer of funds to his bank account does not contradict this Agreement, generally binding legal regulations or decisions of the competent authorities. In the event that the User does not provide an address for the User's virtual currency transfer in the written withdrawal from the Agreement, Stablecoin, s.r.o. is obliged to purchase the virtual currency of such User and pay the value of the virtual currency to the User's bank account according to the terms of this Agreement. In this context, the User undertakes to pay all costs associated with securing the Transfer and related fees, as well as to provide the necessary cooperation.
10.10. Stablecoin, s.r.o. reserves the right to temporarily suspend the performance of its rights and obligations in relation to the User under this Agreement, especially in the case of:
a) if the User was not provided with the appropriate level of care according to the terms of this Agreement for reasons on the part of the User;
b) justified suspicion that the User has provided Stablecoin, s.r.o. with false, out-of-date, incomplete or any misleading data;
c) reasonable suspicion that the User violates the terms of the Agreement or acts contrary to the Agreement;
d) if the User exchanged the provision of Services in an unauthorized or fraudulent manner or by other misrepresentation;
e) if the Account or the funds received on it, or the virtual currencies related to it, were used to commit an illegal act or derive from it;
f) if the use of the Account and the funds on it or related to it are the subject of a dispute, an investigation of illegal proceedings or similar official proceedings;
g) if Stablecoin, s.r.o. is the subject of an attack for the purpose of stealing virtual currencies (including private keys to them) or any restriction of dealing with them;
h) if the right or obligation to interrupt the provision of Services results from a decision of a court, a public authority or a generally binding legal regulation; or
i) if the right or obligation to interrupt the provision of Services results from the provisions of this Agreement;
(hereinafter referred to as "Interruption of Services").
10.11. Stablecoin, s.r.o. undertakes, in the event that the conditions for Interruption of Services are met, to immediately notify the User of this fact, if such notification is not contrary to this Agreement, generally binding legal regulations or the decision of the competent authority.
10.12. Stablecoin, s.r.o. undertakes to restore the functionality of the Account within a period of 10 (in words: ten) calendar days from the date of termination of the reasons for Interruption of Services.
11. LIABILITY, ITS LIMITATION AND EXCLUSION
11.Stablecoin, s.r.o. is solely responsible for damage caused by it, taking into account the exceptions stated in this Agreement and/or resulting from the relevant generally binding legal regulations. Stablecoin, s.r.o. is not responsible for damage or other adverse consequences or harm caused by:
a) by stating or submitting false, out-of-date, incomplete or in any way misleading data by the User;
b) by action or omission of the User's action, if he was obliged to act or omit such action or if by such action or omission of action he violated his obligation or acted on his own responsibility;
c) by refusing to provide the Service due to non-fulfillment of the conditions under this Agreement by the User;
d) by the direction and development of the market of virtual currencies, as well as for the reduction of assets in connection with the reduction in the value of the Deposit, the reduction in the value of virtual currencies, as well as the potential complete loss of their value;
e) by changing the legislation relating to the business activity of Stablecoin, s.r.o. or the legislation of virtual currencies or the provision of services related to them, especially Services;
f) By interrupting the provision of Services under this Agreement;
g) temporary unavailability of the Stablecoin, s.r.o. Platform or Services;
h) by action, or by the omission of a third party;
i) using account login data or other security mechanism in violation of this Agreement;
j) by accepting the procedure, or omissions of those persons who, based on the submitted data, documents or documents, consider authorized to act on behalf of the User; or
k) circumstances excluding liability according to point 11.4. of this article of the Agreement.
11.2. The user is responsible for property and/or non-property damage caused by the breach of obligations under this Agreement. The User is further responsible for any damage, injury or adverse consequence caused by the User, which arises as a result of the User's actions and/or omissions that are contrary to good morals, generally binding legal regulations and/or this Agreement.
11.3. The Contracting Parties are obliged to compensate for the damage caused by them, as a result of the violation of the terms of this Agreement, the terms of the provision of Services or the violation of the declaration of the Contracting Party, if this Agreement does not stipulate otherwise.
11.4. Stablecoin, s.r.o. is not liable for damage, injury, adverse consequence or impossibility or inability to fulfill obligations, if the reason for such breach of obligation by Stablecoin, s.r.o. is:
a) an unforeseeable or unexpected event, circumstance or combination thereof, beyond the reasonable control of Stablecoin, s.r.o., in particular, but not exclusively, any change, exclusion or failure on the part of a third party, in particular, but not exclusively, on the part of a payment service provider, a currency exchange service provider of virtual assets, a virtual currency wallet service provider, a virtual currency custody service provider, an intermediary of such services or a provider of any other services necessary for the provision of the Services or the fulfillment of obligations under this Agreement;
b) a change in the legislation governing the performance of Stablecoin, s.r.o. and/or the legislation and conditions of disposal of virtual currencies and their holding;
c) declaration of a crisis situation, state of emergency, emergency situation, force majeure, terrorist activities, war, unrest, intervention of armed forces or usurpation of power or confiscation of property values;
d) any delay or failure caused by a problem with any system or network, interruption or failure of transmission, communication, data processing or computer equipment or any mechanical failure of equipment necessary for the provision of Services or the fulfillment of obligations under this Agreement;
e) making it impossible or difficult to provide the Stablecoin, s.r.o. Service, or provision of service by entities according to letter a) of this point of the Agreement, in connection with the prevention of the spread of the SARS-CoV-2/COVID-19 coronavirus (or its variants) and/or the restriction of free movement and/or in accordance with other related measures;
(hereinafter referred to as "Circumstances excluding liability").
12. COMMON AND FINAL PROVISIONS
12.1. Stablecoin, s.r.o. reserves the right to change, modify or update the Platform, its functionality or any of its components at any time and in any way.
12.2. In the event that Stablecoin, s.r.o. intends to change, modify or update the Platform or its functionality and such activity may affect the provision of Services, Stablecoin, s.r.o. is obliged to notify the User of this fact no later than 1 (in words: one) calendar day before such a change, modification or update.
12.3. Stablecoin, s.r.o. reserves the right to Interrupt the provision of Services for the necessary time in order to protect the User's funds, especially if Stablecoin, s.r.o. is the subject of an attack in order to gain access to the funds of the User, Stablecoin, s.r.o. or other users. Stablecoin, s.r.o. undertakes to inform the User about the suspension of the provision of Services according to this article without unnecessary delay.
12.4. Due to the fact that the provision of the Services may be interrupted:
a) due to equipment failure;
b) regular maintenance or repair processes;
c) Circumstances excluding liability under this Agreement; or
d) other unforeseeable circumstances;
In connection with the provision of Services, Stablecoin, s.r.o. cannot guarantee and is not responsible for the continuous operation of the Platform or the provision of Services.
12.5. The parties to the contract have agreed that, on the basis of a separate legal act, the User is authorized to temporarily grant rights and obligations corresponding to ownership rights in relation to the User's virtual currencies (hereinafter referred to as "Consent to Disposition") for the purpose of disposal of his virtual currencies by Stablecoin, s.r.o. in relation to third parties. In the event that the User grants Consent to the disposition, he may be exempted from the obligation to pay fees according to Article 9 of this Agreement in accordance with the Consent to the Disposition, provided that the User's other fees and obligations are fulfilled in accordance with this Agreement.
12.6. Confidential information means information intended for the Contracting Parties, which on the basis of this Agreement and according to the will of the Contracting Parties is sensitive and constitutes the content of any document or other information, including, but not limited to, any information concerning or related to the Services, Products, Platform, portfolio of virtual names and its terms, trade secrets or other confidential business information of Stablecoin, s.r.o. (hereinafter referred to as "Confidential Information").
12.7. Access to Confidential Information is reserved only for the Contracting Parties, and the Contracting Parties undertake to use the Confidential Information only for purposes that are in accordance with this Agreement. For this reason, the Contracting Parties undertake not to make Confidential Information available to other persons, with exceptions according to the terms of this Agreement and cases when such an obligation is imposed on them by generally binding legal regulations. The Contracting Parties are not entitled to use the Confidential Information in any way that could lead to causing pecuniary or non-pecuniary damage to the other Contracting Party, except in cases where the obligation to provide or make available the Confidential Information is imposed by generally binding legal regulations.
12.8. The contracting parties undertake to maintain the confidential nature of the Confidential Information obtained on the basis of this Agreement. The Contracting Parties are not authorized to provide Confidential Information to a third party, except in cases where such documentation is required by a legal regulation or a court decision, and even in such a case, the relevant Contracting Party is obliged to notify the other Contracting Party of this fact at least 10 (in words: ten) calendar days before required disclosure. In the event that the relevant legal regulation or court decision does not allow the other Contracting Party to be notified, the obliged Contracting Party shall provide such notification, to the extent and in a manner in accordance with the relevant legal regulations, if they allow it.
12.9. The Parties reserve any rights in relation to their Confidential Information, even if not expressly stated in this Agreement.
12.10. Confidential information does not include information that:
a) were publicly available before their notification to the Contracting Parties;
b) were legally available to the Contracting Parties before the conclusion of this Agreement; or
c) have become publicly available by publishing them or in another, but not illegal, way on the part of the Contracting Party
12.11. This Agreement becomes valid and effective the moment the User clicks the acceptance button in the Platform interface. The user hereby expressly agrees to the use of remote communication means when concluding this Agreement.
12.12. For the purpose of fulfilling this Agreement, the Contracting Parties have agreed that:
a) communication addressed to Stablecoin, s.r.o. will be delivered as follows: Stablecoin, s.r.o., with registered office Mlynské Nivy 5, 821 09 Bratislava - Staré mesto district, ID number: 53 230 728, registered in the Commercial Register of the Bratislava I District Court, Department: Sro, Insert no.: 147245/B;
b) The User's contact information is the information provided by the User. The User is obliged to continuously ensure that the User's contact data is up-to-date, but at the latest the User is obliged to notify Stablecoin, s.r.o. of a change in the User's contact data within a period of 15 (in words: fifteen) calendar days from the date of the change of contact data.
12.13. The Contracting Parties have agreed that any communication under this Agreement will be accepted in electronic form, while the Contracting Parties will attribute to such communication the effects of written communication, unless otherwise stipulated in the Agreement.
12.14. This Agreement, including the annexes hereto, constitutes the entire agreement of the Parties and supersedes any prior agreements or any negotiations or agreements, oral or written, relating to the subject matter of this Agreement.
12.15. The contracting parties have agreed that Stablecoin, s.r.o. is entitled to update, change or supplement the wording of this Agreement, its parts or annexes. Stablecoin, s.r.o. is obliged to inform the User about this change together with information about the new wording of the Agreement before or with the effective date of the amendment to this Agreement.
12.16. Stablecoin, s.r.o. is obliged to inform the User about changes to the Agreement, its part or its annexes in writing via e-mail to the User's address specified in the Account. In the event that the User does not agree with the new wording of the Agreement or any of its changes, the User is entitled to withdraw from the Agreement in accordance with the terms of this Agreement within 14 (in other words: fourteen) calendar days from the date of delivery of the notification of changes to the Agreement.
12.17. The change to the Agreement takes effect (in words: the fifteenth) calendar day from the date of delivery of the notification about the change to the Agreement to the User. By the futile expiration of the period for withdrawing from the Agreement in connection with the amendment of the Agreement, the User gives his consent to the new wording without any reservations. The current text of the Agreement is available through the Platform.
12.18. The contracting parties have agreed that the correction of typing errors, calculations or other similar errors and obvious inaccuracies in the wording of the Contract or any of its appendices is not considered an amendment to the Contract.
12.19. In case of any suggestions or complaints related to the provision of Services, the User is entitled to contact Stablecoin, s.r.o. at the relevant customer support address: info@stablecoin-stco.com at any time during the validity of this Agreement.
12.20. The user who is a consumer has the right to contact Stablecoin, s.r.o. in order to resolve complaints related to the provision of Services by delivering the complaint to the address: info@stablecoin-stco.com.
12.21. A user who is a consumer has the right to contact Stablecoin, s.r.o. with a request for redress if he is not satisfied with the way in which Stablecoin, s.r.o. handled his complaint or if he believes that Stablecoin, s.r.o. has violated his rights. The user has the right to submit a proposal to initiate alternative dispute resolution to the entity of alternative dispute resolution, if Stablecoin, s.r.o. responded negatively to the request according to the previous sentence or did not respond to it within 30 (in words: thirty) calendar days from the date of its delivery. The proposal is submitted by the User to the relevant body of alternative dispute resolution, while the possibility of going to court is not affected by this.
12.22. Proposal according to point 12.21. of this article of the Agreement can also be filed through the platform for alternative resolution of consumer disputes, which can also be found at the Internet address:
https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
12.23. The supervisory body is: Slovak Trade Inspection, SOI Inspectorate for the Bratislava Region, Department of Supervision, with registered office at Bajkalská 21/A, O. BOX no. 5, 820 07 Bratislava, Slovak Republic.
12.24. The headings of individual paragraphs in this Agreement serve exclusively to simplify orientation, while they have no influence on the interpretation of any provision of this Agreement.
12.25. The user is not entitled, without the written consent of Stablecoin, s.r.o., to establish any lien, encumbrance or any other right in favor of a third party on the virtual currencies that are the subject of the provision of Services under this Agreement.
12.26. The User is responsible for determining whether and to what extent any tax liability is applied in relation to the Services provided (hereinafter referred to as "Taxes"), the payment and payment of Taxes in relation to the relevant Tax administrator. Stablecoin, s.r.o. makes available an overview of movements on the Account through the Platform for these purposes. Stablecoin, s.r.o. is neither authorized nor obligated under this Agreement to investigate the User's tax liability, nor to represent the User in connection with Taxes.
12.27. Unless otherwise stated in this Agreement, if any of its provisions is invalid, ineffective or unenforceable in any jurisdiction, this will not affect the validity, effectiveness and enforceability of the other provisions of this Agreement. In such a case, the parties to the contract undertake to negotiate and replace the invalid, ineffective or unenforceable provision of the contract with a new provision that will be valid, effective and enforceable, and which will correspond as much as possible to the original provision in terms of purpose and function.
12.28. This Agreement is binding and its performance is in favor of the User. The User is not authorized to transfer or assign his rights and/or obligations under this Agreement to any third party without the prior written consent of Stablecoin, s.r.o.. Stablecoin, s.r.o. is entitled to transfer or assign its rights and/or obligations under this Agreement at any time, provided that such transfer or assignment will not have a material impact on the quality or content of the Services provided.
12.29. This Agreement concluded in accordance with § 262 par. 1 and 2 and § 269 par. 2 of Act no. 513/1991 Coll. Commercial Code as amended and governed by its provisions. Provision § 52 of Act no. 40/1964 Coll. This does not affect the Civil Code, as amended, if the Consumer is the Contracting Party. All disputes or claims that arise from or in connection with this Agreement, including disputes regarding its validity, violation, termination or non-existence, will be finally decided by the competent courts of Slovakia
12.30. Stablecoin, s.r.o. in connection with the provision of Services under this Agreement emphasizes that Deposits or any other funds of the User, including virtual currencies acquired by the User during the provision of Services, are not subject to deposit protection in accordance with Act no. 118/1996 of on the protection of deposits and on the amendment and supplementation of certain laws, as well as the subject of protection by the Investment Guarantee Fund pursuant to Act no. 566/2001 Coll. on securities and investment services and on amendments to certain laws (Securities Act).
12.31. All provisions of this Agreement, which due to their nature and purpose should continue even after the end of the obligation established by this Agreement, including provisions regarding the suspension of the provision of Services or the cancellation of the Account, the User's obligations towards Stablecoin, s.r.o., the use of the Platform, the Services, compensation for damage, liability for damage, limitations of liability, applicable law and dispute resolution, remain valid and effective to the extent necessary for the preservation of the rights and obligations arising from them.