UAB “AB Exchange”
By accessing and using this web page and/or other web pages owned or operated by the Company or accessing and using our Website or Chatbot you are confirming that you have fully read, understood and irrevocably accepted these Terms and you agree to comply with them. If you do not agree with these Terms in general or any part of them, you must not use any of our services, Website and Chatbot.
Certain terms and conditions of use appearing on specific web pages and/or segments of our Website or Chatbot may apply to such web pages and/or sections of our Website or Chatbot. Such particular terms and conditions of usage are an integral part of these Terms. If there are discrepancies between such particular terms and conditions of use and the Terms, the particular terms and conditions of use will prevail over those of the Terms.
Please note, that headings are provided for convenience only and have no effect on the interpretation of these Terms.
- “Applicable Law” – means that all questions concerning the validity, compliance and interpretation of these Terms shall be regulated, interpreted and applied in accordance with the relevant laws of Lithuania;
- “The Company” – means an entity which provides the Services according to its authority and role:
UAB AB EXCHANGE, a company registered under the legislation of Lithuania, located at Eišiškių Sodų 18-oji g. 11, LT-02194 Vilnius which performs Exchange Operations and provides Users with crypto wallets for storing of UAHg Tokens and other virtual assets. UAB AB Exchange has the authorization of virtual assets exchange operator, granted by the FCIS of the Lithuanian Ministry of Internal Affairs.
- UAHg Token Ecosystem – a set of elements of the UAHg Ecosystem and the relationships between them.
- Elements of the UAHg Token Ecosystem – Clients, Company, Exchange Operator, Website, as well as other service providers, software and systems that may be used when circulating the UAHg Token, for the purposes set forth in this Terms.
- “Company’s Affiliates” – means any corporation, partnership, limited liability company, joint venture, or other entity of which an aggregate of twenty-five percent (25%) or more of the issued and outstanding capital stock or other equity interests is owned, directly or indirectly, by the Company;
- “You” or “User” or “Client”:
- a legal person, and/or
- a natural person who is of legal age to form a binding contract (at least 18 years old or older under the Applicable Law and the Law of the Client’s country of residence):
- is fully able and legally competent to use the Company’s Services, Website and Mobile App; and
- will not violate any other agreement to which the person is a party; and
- has not previously been suspended or removed from using our Services; and
- is not located in, under the control of, or a national or resident of any Prohibited Jurisdictions; or any country to which the European Union and/or the USA has embargoed the sale of goods or services; and
- will not use our Services if any applicable laws in Client’s country of residence prohibit them from doing so in accordance with these Terms;
and that accesses or intends to access the Services, including in form of using UAHg;
- Invoice – a preliminary invoice that contains a list of goods/services, their quantity and the price at which they are supplied to the Client and information about the sender and recipient.
- “Exchange Operation” – means buying or selling of virtual assets, including UAHg Token in exchange for any money or other virtual assets;
- “Means of Payment/Payment Means” – means an electronic payment instrument in the form of an issued plastic or other types of card or other means of payment used by the User to perform an Exchange Operation (for example, these may be credit or debit cards, prepaid cards or any other legal means of payment being issued or provided by respective credit or non-banking financial institution). The Means of Payment are provided by respective Payment Services Providers;
- “Company’s Services” (or “Services”) – means a set of services which are comprised of virtual assets exchange and virtual asset wallets, which enables Users to:
For the Clients:
- exchange virtual assets against each other (Exchange Operations);
- exchange virtual assets against fiat (Exchange Operations);
- buy virtual assets for fiat (Exchange Operations);
- store virtual assets in a virtual asset wallet;
- accept payment for goods/services in virtual assets.
For those Clients who use UAHg Ecosystem for promoting its goods and/or services:
- accept UAHg Tokens for the purposes of enabling to access their goods and/or services;
- carry out Exchange Operations;
- store their virtual assets in the crypto wallets;
- receive the services of Crypto Processing.
The Company may also change the scope of Services, which will be indicated in these Terms.
- “Account” – means a User’s record in the Website or Chatbot, which contains the User’s authorization data (login and password), and other data, which are required to identify the User for further use of the Website, Chatbot and/or Company’s Services;
- “Crypto processing” – a service for accepting payments through the corresponding token with the mandatory registration of the corresponding payment in the blockchain with the corresponding token for further redemption of the Invoice.
- “UAHg Token” – is the electronic unit of value, in form of a Virtual Asset, created by the Company to empower its Users to access the Services;
- “Virtual asset” means a digital asset or digital currency, that is not legal tender, is not securities, e-money, or money under the Applicable Law, and can be transferred, traded and used for payments and exchange purposes, using a decentralized peer-to-peer network.
- “Payment Service Provider” – a non-banking licensed entity that provides payment services, as defined by Article §2 of Law on Payment Institutions of the Republic of Lithuania
The Ecosystem Operator is the person responsible for technical and administrative support of the website (abex.pro) and Chatbot along with ensuring interaction between the Elements of the UAHg Token Ecosystem.
The Exchange Operator is the person responsible for the exchange of UAHg Tokens into fiat currencies and/or virtual assets at the request of the Clients, according to the conditions laid down in this Terms. The Exchange Operator also provides crypto wallets and is responsible for the operation of the Website and Chatbot.
Payment Services Providers are the persons responsible for the facilitating and processing of the Client’s Exchange Operations by using the Payment Means and have the appropriate authorisation to perform such operations.
1. USER’S REPRESENTATION AND WARRANTIES
1.1. User represents and warrants that:
1.1.1. User meets all requirements which were stated in the term “You/User” in the “Definitions” Section;
1.1.2. User’s use of Company’s Services will not contravene any applicable international, state or local laws or regulations, including tax laws and regulations;
1.1.3. User’s use of the Company’s Services does and at all times will comply with all applicable anti-money laundering/anti-terrorist financing compliance laws and regulations, including, without limitation, all EU-administered sanctions programs and any other sanctions programs that may apply to the particular individual or entity based on the jurisdiction(s) in which this individual or entity is resident;
1.1.5. all information that was provided to us, and is provided to the Company during the use of the Services by User, is and shall continue to be true and complete, and shall be timely updated and corrected to maintain its status as true and complete;
1.1.6. (under the Applicable Law and law of User’s country of residence) The user has sole control over the Account’s details (email address, password or other information provided for the purpose of the Services use) and does not act on behalf of any third party.
1.2. User acknowledges and accepts that:
1.2.1. the Terms and any accompanying documents and/or the Website/Chatbot may be changed, modified, corrected or supplemented at any time without prior written notice, at the Company’s sole discretion. Your further use of the Website/Chatbot after any amendments or changes to these Terms and/or any accompanying documents will constitute your consent and acceptance of any such changes, modifications, amendments, applications or additions. The date of the most recent changes and amendments is and shall be indicated at the top of these Terms;
1.2.2. any actions that may be intended to commit fraud, money laundering or any other illegal actions are forbidden. The Company is not responsible for such actions, undertaken by Users or any third parties;
1.2.3. the Company reserves the right at any time, in its sole discretion, temporarily or permanently change, suspend or block the Website/Chatbot at all or in the particular part, and/or disable any access to the Website/Chatbot for any reason whatsoever;
1.2.4. in case of any suspicious actions, undertaken by the User, when using the Website/Chatbot, the Company has the right to block the User’s Account until the determination of all the circumstances that led to such blocking, and taking the decision on the User’s further access to Website/Chatbot and/Chatbot;
1.2.5. the Company is a Virtual asset exchange operator, and does not constitute a credit or financial institution and does not provide investment or financial services and/or consultations to the Users. We act as the provider of the Services. No communication or information provided to the User by the Company shall be considered as advice or provision of services, other than the Services;
1.2.6. engaging in activities with virtual assets may be risky and the use of the Services may carry financial risk, that is assumed by the User;
1.2.7. the Company has no control over, or liability for, the delivery, quality, safety, legality, or any other element of any products or services apart from the Services that are provided under this Terms. The Company is not responsible for guaranteeing that a person with whom the User deals will finish the Internal Transaction. If the User has a problem with products/goods or services acquired through the Website/Chatbot, or if the User has a disagreement with one of his clients, he should address the matter immediately, without involving the Company.
1.3. Users also agree that they are responsible for their own conduct while accessing or using the Website/Chatbot or Services and for any consequences thereof. Users agree to use the Website/Chatbot or Services only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, Users may not and may not allow any third party to:
1.3.1. send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
1.3.2. distribute viruses, worms, defects, Trojan horses, corrupted files or any other digital objects of a destructive or deceptive nature;
1.3.3. upload, post, transmit or otherwise make available through the Website/Chatbot any content that infringes any patent, trademark, copyright, trade secret or other proprietary rights of any party unless you are the owner of such rights or have the permission of the owner to post such content;
1.3.4. use the Website/Chatbot to violate the legal rights (such as rights of privacy and publicity) of others, or send through the Website/Chatbot any content, which is unauthorized or unsolicited advertising, junk or bulk e-mail;
1.3.5. use the Website/Chatbot to carry on any unlawful businesses and activities such as, for example, but not limited to: (i) creation, operation, sale or distribution of Website offering services such as prostitution, escorts; (ii) fraudulent business, sale of counterfeit or stolen items or the sale of goods or service that are illegally imported or exported; (iii) sale of narcotics, illegal substances or controlled substances, any equipment for making or using such drugs; (iv) pyramid schemes, high-risk investments schemes and other business that we determine in our sole discretion to be unfair, deceptive or predatory towards consumers; (v) any business that we believe poses elevated financial risk, illegal liability, or violates the law of sender or recipient of payment;
1.3.6. modify, adapt or reverse engineer any portion of the Website/Chatbot or any software used for providing the Company’s Services;
1.3.7. remove any copyright, trademark or other proprietary rights notices contained in or on the Website/Chatbot or any content posted thereon;
1.3.8. display any content through the Website/Chatbot that contains any hate-related or violent information or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
1.3.9. use any robot, spider or other device or software to collect information about Users for any unauthorized purposes;
1.3.10. use the Website/Chatbot or Services in ways not specified in these Terms.
2. USER’S REGISTRATION AND ACCOUNT
2.1. To register an Account on our Website/Chatbot, the User must meet all requirements stated in these Terms.
2.3. For those Clients who wish to use Services for promoting their goods and/or services to their clients, they need to contact the Company via Telegram messenger (https://t.me/abmerchantbot?). The Company shall respond within 15 business days after receiving the request. Please note, that in addition to the Terms, relationships between such Clients and the Company are regulated also by a separate partnership agreement. Provisions that are not set in a separate agreement, but are set in these Terms and do not contradict such an agreement, shall apply.
2.4. If applicable, the Company, Payment Services Providers (or AML identification service providers, which were authorized for that by Company or Payment Services Providers respectively) are fully and solely responsible for identification and AML/KYC compliance of the Clients. During registration of the Account and any other time upon request, you agree to provide to the above persons respective information for the purposes of ongoing due diligence, identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit to keep a record of such information in accordance with their respective AML/KYC Policies. You agree and warrant that no information you provide at any time will be false, inaccurate or misleading.
2.5. You agree that you are ultimately responsible for the usage of your Account’s login and password, other data, any registration data provided for Account creation, and for any actions performed during any use of your Account. You agree to keep your login and password private and immediately notify the Company of any unauthorized activity in the Account. In case you become aware of such activity, you must change your login information, and immediately inform the Company of such occurrence. You are ultimately responsible for any loss or damage that you or the Company may be occurred as a result of not making such changes.
2.6. You may deactivate your registration at the Website and/or authorization in Chatbot at any time by sending a request to the Company or by deactivating your Account by yourself. In case of your violation of these Terms or any other applicable policies, we may cease your access to the Website/Chatbot or stop any of your actions at our own discretion without further notice, when we find such measures reasonable and/or necessary in a particular situation, without any refunds. No liability or further obligation to you or any other party should arise.
2.7. In case the User loses access to the authorization details, the User needs to contact Customer Support (https://t.me/alicebobhelp) and request to recover the access to the Account.
2.8. In order to recover access to the Account:
2.8.1. the User requests the link to be sent to the email provided by the User during previous registration on Website/Chatbot;
2.8.2. in case the User has verified the mobile number, the User receives a digital code via SMS and enters the received code at the Website.
3. THE WEBSITE/CHATBOT TERMS OF USAGE
3.1. The Website/Chatbot are intended for providing Services, which are set out in the “Definitions” Section.
3.2. The Company has no direct influence on any of the User’s Exchange Operations and does not affect the connection of the User’s own Means of Payment to the Website/Chatbot. Therefore the Company is not responsible for the realization of any Exchange Operations by the User and/or other persons on behalf of the User (including those who have got unauthorized access to the User’s Account).
3.3. The Company is entitled to use the third-party’s services – those of Payment Services Providers or other partners, to provide a full scope of Services to Users. Relevant Payment Services Providers are fully responsible for facilitating and processing of the User’s Exchange Operations by using the Payment Means and have the appropriate authorisation to perform such operations. When you use the services of any Payment Services Providers/other partners to facilitate an Exchange Operation, responsibility for your Exchange Operation will be transferred to the respective Payment Services Provider before being delivered to you.
3.4. For Exchange Operations:
3.4.2. the Payment Services Provider and/or the Company’s refund policy applies to all Exchange Operations unless notice is expressly provided by the relevant Payment Services’ Provider and/or the Company to Users in advance.
3.5. You are responsible for paying any fees, taxes or other charges related to any Exchange Operations which are carried out through Payment Services Providers or for any other fees charged by the local authorities.
3.6. Any User who carries out Exchange Operations using the Payment Services Provider, agrees that the Exchange Operations are made through the relevant Payment Services Provider and states that the User has read and accepted their relevant terms and conditions. The Company is not responsible to the Users for any problems related to the conduction of the Exchange Operations, if such problems are caused by the Payment Services Provider or partner, in particular for any delays in processing Exchange Operations or inability to process them for technical reasons. In such case, the User shall contact the applicable Payment Services Provider in accordance with its relevant terms and conditions.
3.9. Whatever the reason is, the Company does not take any responsibility and specifically does not give any guarantees of the completion of any Exchange Operation which does involve a Payment Services Provider. The Company reserves the right to monitor (process, verify, accept or reject) Exchange Operations made via the Website/Chatbot to ensure that they meet the Terms set by the Company or third parties.
3.10. Payment Services Provider and/or the Company are entitled to set limitations to the maximum daily Exchange Operations on the Website/Chatbot due to regulatory compliance requirements. Using the Website/Chatbot you expressly agree with the possibility of such limitations.
3.11. To provide the Services under these terms, the Company may use additional services and interfaces at its own discretion (including chatbots and others).
4.1. The Company may charge the fees for the Services provided to the Users.
4.2. The Company may unilaterally change the fee rates. Such changes and amendments shall come into effect from the day of publishing thereof on the Website.
4.3. If the current balance on the Account is not sufficient to charge the applicable fees, the Company may reject the Exchange Operation and request the User to pay the applicable fees.
5. LIMITATION OF LIABILITY
5.1. You hereby expressly agree that, to the maximum extent permitted by the Applicable Law, neither the Company nor its Affiliates shall be liable to you, regardless of the basis upon which the liability is claimed, for any damage or loss, including loss of business, income or profits, loss or damage of data, hardware or software (direct, indirect, actual, consequential, incidental, special, exemplary or otherwise) resulting from:
5.1.1. the use, inability to use, or access to the Services and/or Website/Chatbot or its absence, as well as to the information, software, facilities, services or content of the Website/Chatbot;
5.1.2. any illegal or unauthorized use of the Website/Chatbot;
5.1.3. if the Website/Chatbot is not suitable for the purpose you require to achieve, or inability to perform services related to the Website/Chatbot;
5.1.4. if the Website/Chatbot is infected with any malicious code or viruses.
5.2. You understand and agree that it is your obligation to ensure compliance with any legislation relevant to your country of residence concerning your use of the Services and/or Website/Chatbot.
5.3. The Company does not guarantee that any information on the Website/Chatbot is accurate or reliable or that the Website/Chatbot will be free of errors or viruses, that such defects will be corrected, or that the Website/Chatbot or the server that provides access is free of viruses or other malicious components. Your use of the Website/Chatbot and any information contained or associated with the Website/Chatbot is carried out at your own risk.
5.4. If the Applicable Law or the law of your country of residence does not permit the application of all or any part of the above limitation of liability or the exclusion of guarantees or disclaimer of implied terms in contracts that apply to you, the limitations, exclusions and disclaimers will apply to you only to the extent permitted by the Applicable Law.
5.5. For a number of reasons outside of the Company’s competence, including but not limited to, changes in regulatory or intellectual property law, technological advances, social or economic reasons, etc., possible malfunctions of the Website/Chatbot, the Website/Chatbot may not function properly or work with significant failures.
5.6. The Website/Chatbot is currently under development and may undergo significant changes. Any expectations regarding the form and functionality of the Website/Chatbot that you have may not be satisfied for a number of reasons including changes in the development plans, implementation, or operation of the Website/Chatbot.
5.7. Despite the Company’s diligent efforts to exclude any viruses from the Website/Chatbot and secure the network and technologies interacting with the Website/Chatbot, it is possible that one or more third parties can or will introduce malicious code or other viruses into the open-source software and code that underlies the Website/Chatbot and/or create, undercover or exploit weaknesses in the security of the cloud-based services used by the Company. Such events may affect the further development, implementation or operation of the Website/Chatbot.
5.8. There are risks associated with using the Website/Chatbot, including, but not limited to, the failure of hardware, software and Internet connections. The Company is not responsible for the proper and/or complete transmission of the information contained in any electronic communication or the electronic communication itself, nor for any disruption, distortion or delay in its delivery or receipt, despite what it is caused by.
5.9. Appropriate security measures have been implemented by the Company to ensure the safety and integrity of the Website/Chatbot. However, despite this, you acknowledge that third parties may illegally monitor information transmitted over the Internet.
6. PERSONAL DATA
7. FINAL PROVISIONS
7.1. Termination and Suspension of access. Notwithstanding anything contained herein, the Company reserves the right, without notice and in its discretion, to terminate these Terms, suspend your right to access the Website/Chatbot and/or Services in general, and delete or deactivate your Account and all related information and files in such Account without being responsible to you, including (but not limited to) in case of your breach of these Terms and Annexes to them or if the Company believes that you have committed fraud, negligence or other misconduct. You may terminate these Terms without notice by ceasing to use the Website and Chatbot. All rights granted to you under these Terms will be immediately revoked upon the Company’s termination of these Terms or suspension of your access to the Website and Chatbot. In case of appearance of Force Majeure Event (as defined in these Terms), breach of this Terms and Annexes, or any other event that would make the provision of Services commercially unreasonable, the Company may at its own discretion and without liability to you, with or without prior notice, terminate your access to all or a part of the Website, Chatbot and/or Services in general.
7.2. Transfer of rights and responsibilities. The Company may at its own discretion assign any of its rights and/or delegate its duties (including, but not limited to any and all intellectual property rights for all the intellectual property rights objects created during or referring to the providing Services) to any third party at any time.
7.3. Notices. Any notification of compliance with and/or violation of these Terms shall only be made via your email and through the Company’s contact form on the Website. The official electronic means of communication is your email specified during the Account registration process. The Company may provide to you any notice under this Terms by (i) posting a notice on the Website; or (ii) sending an e-mail to the e-mail address associated with your Account. Notices the Company provides by posting on the Website will be effective upon posting and notices the Company provides by e-mail will be effective when such notice is sent. It is Your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address associated with your Account when the Company sends such e-mail, whether or not you actually received or read the email.
7.4. Further Assistance. You shall cooperate and assist the Company in connection with any investigation, examination or enquiry by any government entity. You shall promptly provide the Company with any documents, certification, reports or other information that the Company may require in connection with such investigation, examination or enquiry unless prescribed otherwise by the relevant legislation.
7.5. Force Majeure Events. The Company is not liable for any loss or damage arising from any event beyond its reasonable control, including but not limited to floods, extraordinary weather conditions, earthquakes, or other actions, fire, war, insurrection, riot, labour dispute, accident, the action of the government, communications, power failure, or equipment or software malfunction or any other cause beyond its reasonable control (each, a “Force Majeure Event”).
7.6. Applicable Law. All questions concerning the validity, compliance and interpretation of these Terms shall be regulated, interpreted and applied in accordance with the laws of Lithuania. Any dispute, controversy or claim arising out of this agreement or breach of these Terms, the Company and User agree firstly to negotiate in good faith for a period of not less than sixty (60) days following written notification of such controversy. If the negotiations do not resolve the dispute, controversy or settle the claim to the reasonable satisfaction of the Company and/or User during such period, then the Company and User irrevocably and unconditionally submit the respective claim to the binding arbitration with the Rules of Arbitration of the International Chamber of Commerce. The claim is reviewed by one or more arbitrators appointed in accordance with the said rules. The substantive law shall be the Applicable Law (including all other operating rules, policies, and procedures that may be issued by the Company and published from time to time on the Website), without regard to conflict of law rules or principles. The language of the arbitration shall be English. The place of the arbitration is Vilnius, Lithuania.
7.7. Intellectual Property Notice. The Website/Chatbot does constitute in itself and contains the results of the intellectual activity. Using the Website/Chatbot, the User acknowledges and agrees that all content and structure of the Website/Chatbot are protected by copyright and other intellectual property rights and that the said rights are valid and protected in all forms, on all carriers and in relation to all technologies, such as currently existing and developed or created later. No rights to any content of the Website/Chatbot are transferred to the User as a result of the use of the Website/Chatbot, except for the non-exclusive licensing right to use the Website/Chatbot in compliance with the Terms and conditions set forth by the Company and for the period of Website/Chatbot usage.
GOODS, WORKS, AND SERVICES PROHIBITED FOR SALE VIA THE WEBSITE/CHATBOT
- Weapons, ammunition and defence products, replicas of firearms or cold steel weapons.
- Drugs (narcotics), drug-like substances and plants, as well as their ingredients, or any substances used for their production (precursors), as well as descriptions of methods for producing such substances.
- Medical drugs and medications dispensed on prescription only, as well as raw materials or instructions for their production.
- State awards or distinguishing badges.
- Identification documents and government-issued documents (including falsified documents), and everything connected with creating or obtaining false identification documents or counterfeit government-issued documents.
- Government agencies’ uniforms, or replicas thereof.
- Speciality items related to the police and law enforcement agencies.
- Electronic equipment, prohibited for use in EU-member countries.
- Devices used for hacking and tampering with locks.
- Information containing personal data or data suitable for undertaking illegal activities (spam emails, etc.).
- Goods, works and services or information containing state, banking, or trade secrets.
- Goods, works and services whose sale violates any third parties’ copyright and/or related rights, trademark rights, or patents.
- Information that violates a person’s privacy, infringes upon the honour, dignity and business reputation of individuals and legal entities.
- Archaeological heritage items.
- Items or services that violate the relevant legislation of Lithuania, protecting the norms of public morality (including, but not limited to, child pornography, Nazi memorabilia items, escort services, and prostitution).
- Any products that shall be identified by the serial and/or other identification numbers under the relevant legislation, but had such number removed.
- Malicious software.
- Goods or services directly or indirectly compelling illegal actions (promoting social, racial, religious, or ethnic strife; discrimination, violence, hatred, revenge, harassment; containing the propaganda of terror or physical harm).
- Fake or counterfeit goods.
- Items and equipment intended for use (including illegal transfer) of copyright-protected items without the permission of the authors (including, but not limited to, components designed to remove copyright protection or regional restrictions, or software elements of electronic devices).
- Dangerous goods (including, but not limited to, those that contain explosive, toxic, poisonous, and/or radioactive materials).
- Human organs and human remains.
- Asset management and investment services, provided by unlicensed businesses, as well as any intermediary activity that facilitates the transfer of funds between the parties entering into a transaction forbidden herein.
- Services of organizers and operators of lotteries, betting, casinos and any other types of gambling.
- Services of advertising (promoting) goods, products, and services specified in this Annex #1.
- Any other goods, products and services that are deemed illegal under the legislation of EU-member states