Terms of Use
Last updated: 22nd of December, 2023.
These Terms of Use constitute an electronic agreement between you (hereinafter the "User") and Utrg UAB (hereinafter the “utPay.io”, ”we”, ”us”, “our”), a company incorporated in Lithuania with Company No. 306062887, located at Prūsų g. 14-62, LT-02154 Vilnius that applies to the User's use of the https://utpay.io/ website (hereinafter - “Site”) or its Platform, any and all services, products and content provided by utPay.io.
As used herein, "utPay.io" refers to the company Utrg, UAB, including but not limited to its owners, directors, investors, officers, employees, agents or other related parties, unless otherwise provided herein.
These Terms of Use contain important provisions, which the User must consider carefully when choosing whether to visit the Site and use the services, products, Platform and content of utPay.io. Please read these Terms of Use carefully before agreeing to them.
The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products and content of utPay.io.
These Terms of Use incorporate the Privacy Policy as well as any other policies published on the Site by reference, so by accepting these Terms of Use, the User agrees with and accepts all the policies published on the Site.
IF THE USER DOES NOT ACCEPT THESE TERMS OF USE, THE USER SHALL NOT ACCESS THIS SITE OR PLATFORM AND SHALL NOT USE ANY OF utPay.io’S SERVICES, PRODUCTS AND CONTENT.
1. DEFINITIONS
1.1. Capitalised terms used in these Terms of Use shall be interpreted in accordance with the definitions provided below:
1.1.1. Account: means the personal cabinet of the verified User, where the transactions history and personal data can be seen and uploaded.
1.1.2. Buyer: means the User who purchases virtual currency for fiat currency through the Platform.
1.1.3. Commission: means a fee charged by or on behalf of any third party (e.g. bank, non-bank financial institution, payment service provider, etc).
1.1.4. Fiat currency: means government-issued currency that is designated as legal tender in its country of issuance through government decree, regulation, or law.
1.1.5. Funds: means virtual currency or fiat currency.
1.1.6. ML/TF Prevention Act - Money Laundering and Terrorist Financing Prevention Act of Lithuania, with amendments from 14 July 2022.
1.1.7. Non-supported countries – a list of countries which are not supported by the platform: Afghanistan, American Samoa, Austria, Bahamas, Barbados, Belarus, Bosnia and Herzegovina, Botswana, Burundi, Cambodia, Central African Republic, China, Cuba, Democratic Republic of Congo, Egypt, Ethiopia, Gaza Strip, Ghana, Guam, Guinea-Bissau, Guyana, Iran, Iraq, Jamaica, Japan, Lao People's Democratic Republic, Lebanon, Libya, Mali, Mauritius, Myanmar, Netherlands, Nicaragua, Nigeria, North Korea, Pakistan, Panama, Puerto Rico, Russian Federation, Samoa, Serbia, Singapore, Somalia, South Sudan, Sri Lanka, Sudan, Syria, The Northern Mariana Islands, Trinidad & Tobago, Tunisia, U.S. Virgin Islands, Uganda, United Kingdom, United States of America, Vanuatu, Venezuela, West Bank (Palestinian Territory, Occupied), Yemen, and Zimbabwe.
1.1.8. Platform: means an environment that allows exchanging fiat currencies for virtual currencies and/or utilising other Services provided by utPay.io.
1.1.9. Purchase: means the User's instruction to buy virtual currency on specific conditions for fiat currency provided by the User and transfer it to the wallet specified in advance.
1.1.10. Services: means all and any service provided by utPay.io.
1.1.11. Site: means utPay.io website at https://utPay.io
1.1.12. Transaction fee: means a fee which is payable to utPay.io for each completed Transaction.
1.1.13. Transaction Price: means the total price paid by the User with respect to each Transaction performed via the utPay.io Services.
1.1.14. Transaction: means the transfer of virtual currency to the wallet specified by the User after the receipt of the specified fiat equivalent from the User was guaranteed or any other transaction performed in accordance with services provided by utPay.io.
1.1.15. User: means a person or an entity that purchases virtual currency for fiat currency through the Site or Platform or uses any other Services provided by utPay.io and agrees to follow the Terms of Use.
1.1.16. Virtual currency: means a value represented in the digital form, which is digitally transferable, preservable or tradable and which natural persons or legal persons accept as a payment instrument but that is not the legal tender of any country (e.g. cryptocurrencies such as BTC, USDT.)
1.1.17. Utorg non-custodial virtual currency wallet - virtual currency wallet opened through the service allowing easy access to open and manage the virtual currency multichain wallets, which is provided via Utorg: Bitcoin & Crypto Wallet Application by UTORG LABS HOLDING LTD.
1.1.18. Widget - software application that allows the exchange of virtual currencies against fiat currencies and can be deployed on Site and/or websites and applications of third parties.
1.2.Where the context so admits words denoting the singular shall include the plural and vice versa.
2. THE SCOPE OF THE SERVICES
2.1. utPay.io allows all users to buy virtual currencies for fiat currencies.
2.2.The Services can be provided via Widget deployed on third-party websites, applications or cash-in terminal interfaces. Legal entities may use utPay.io to provide their end-users with direct access to utPay.io Services by the placement on their web portals or cash-in terminal’s interface either as utPay.io’s software or white-label solution. In this case, the relevant agreement on the Mutual Services must be signed with every legal entity.
2.3. Depending on the User's place of residence, the User may not be able to use the services of the Platform. It is the User's responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses this Site or Platform.
2.4. The User may also utilise additional services upon their availability in the user’s country of residence:
2.4.1. “Utorg Card” - debit payment card account opened under Utrg UAB User’s account, with the capability to be linked to the designated Utorg non-custodial virtual currency wallet owned by the User, using which User may replenish Utorg debit payment card balance via exchange to fiat currency (EUR), allowing User to make cashless payments for their purchases with their debit payment card, either via a point of sale (POS) or online.
2.4.1.1. The Utorg Card Service is available only for EEA residents.
2.4.1.2. utPay.io will proceed with the preliminary virtual currency exchange to replenish the debit payment card with fiat currency (EUR) under the conditions and fees stipulated for the Service.
2.4.1.3. The Utorg Card Service is provided in collaboration with Quicko Sp. z o.o. (https://www.quicko.pl/) and by accepting these Terms of Use and utilising the Utorg Card Service, the User should realise and agree to Quicko’s current Terms and Conditions and Privacy Policy published on their website by the following link: https://www.quicko.pl/quicko-files.
2.5. Considering the nature of virtual currency wallet addresses, the possibility to refund, re-enter or change a wallet address once a transaction is initiated is absent. Users are obliged to understand this and agree to the Terms of Use prior to initiating any transactions.
3. USER RIGHTS AND RESPONSIBILITIES
3.1. The User has the right to enter and use the Site or Platform and the Services as long as he/she agrees to and actually complies with the Terms of Use. By using the Site or Platform, the User agrees to accept and comply with the terms and conditions stated herein.
3.2. The User undertakes to read the entire Terms of Use carefully before using the Site or Platform or any of the services provided by utPay.io.
3.3. The User undertakes to comply with any and all applicable laws and regulations related to the use of the Services.
3.4. In case of an occasional transaction, in the meaning of the ML/TF Prevention Act, which is made under the threshold limit set by the AML/CFT Program, the entire Terms of Use apply to such User outside the business relationships without the establishment of aforesaid relationships and creation of the Account.
3.5. The User undertakes to monitor all and any changes in the transaction flow, including but not limited to the necessity to provide additional information and documents to support the Transaction.
3.6. The User undertakes to immediately (i.e. right after the moment of discovery) inform utPay.io about any unusual, suspicious, unclear or abnormal changes with his/her Transaction or Account. In case of late informing or non-informing, the User will be liable for the breach of the Terms of Use, and utPay.io will have the right to take any further steps, accordingly, including but not limited to reporting to the relevant state or national authorities.
3.7. It is prohibited for a User to have more than one account. A user is solely responsible for non-disclosing confidential information and for the security of that User's account, including but not limited to passwords, protecting all activity and transaction history that are located on that account.
3.8. The Buyer agrees that whenever the purchase Transaction is made, the Platform sends and receives the monetary sums from the Buyer and sends virtual currencies to the wallet specified by the Buyer.
3.9. The User undertakes to notify utPay.io immediately of any unauthorised use of his/her credentials or any other breach of security by email addressed to [email protected]. Any User who violates the mentioned rules may be terminated and thereafter held liable for any losses incurred by utPay.io or any user of the Platform.
3.10. The User undertakes not to use the Services to perform criminal activity of any sort, including but not limited to money laundering, illegal gambling operations, financing terrorist organisations, or malicious hacking.
3.11. The User is responsible for any and all damages caused and all liability actions brought against Utrg, UAB for infringement of any third-party rights or violation of any applicable laws.
3.12. Nothing in the Terms of Use excludes or limits the liability of the User for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of law or any other liability which may not be limited or excluded by law.
3.13. Users are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status and risk willingness.
3.14. All payment instruments used during the Transaction, may it be a bank account, credit card, debit card, or others, must be named after the User. Any attempt otherwise will be considered fraud.
4. USER REPRESENTATIONS AND WARRANTIES
4.1. By performing the Transaction, the User expressly represents and warrants that he/she:
4.1.1. follows the rules and laws in his/her country of residence and/or country from which he /she accesses this Site or Platform and Services;
4.1.2. has accepted these Terms of Use;
4.1.3. is at least 18 years old and has the right to accept these Terms of Use and participate in transactions involving virtual currencies
4.2. The User represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms and that they are duly authorised and have the capacity to enter into the Transactions on the Platform.
4.3. The User represents and warrants that fiat funds or virtual currencies used for the transaction belong to the User and are derived from legal sources.
4.4. The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.
4.5. The User understands that his personal data and identifiers may be shared with appropriately authorised third parties due to legal obligations such as the prevention of crimes and tax purposes and/or the provision of the service requested by the User.
5. utPay.io'S RIGHTS AND RESPONSIBILITIES
5.1. utPay.io has the right to suspend the User's Transaction and block virtual currency before it was transferred to the wallet address specified by the User or fiat currency used to perform the Transaction in case of non-fulfilment or unduly fulfilment of the Terms of Use by the User.
5.2. utPay.io undertakes to provide the Services with the utmost effort and due care and in accordance with these Terms of Use.
5.3. utPay.io 's responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the virtual currency transferred. When initiating virtual currency transactions to the wallet address provided by the User, utPay.io responsibility shall be further limited to ensuring the transfer of the necessary technical data to the virtual currency network.
5.4. To the extent permitted by law, utPay.io is not responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of the Terms of Use by utPay.io.
5.5. utPay.io is not responsible for any damages, loss of profit, loss of revenue, loss of opportunity, an indirect or consequential loss which the User incurred as a result of the use of third party’s services, including those entities which have placed utPay.io’s to their web portal or cash-in terminal interface and signed the relevant agreement on the Mutual Services.
5.6. utPay.io is not responsible for any malfunction, breakdown, delay or interruption of the Internet connection or any reason why our Site or Platform is unavailable at any given time.
5.7. utPay.io is not responsible for the delay in the processing of payments made by the fault of any third-party operators of such transactions.
5.8. In the case of fraud or other illegal activity, utPay.io undertakes to report all the necessary information, including names, addresses, and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognise that their account or transaction may be frozen at any time at the request of any competent authority investigating fraud or any other illegal activity.
5.9. Nothing in these terms excludes or limits the responsibility of utPay.io for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of the law or any other liability which may not be limited or excluded by law.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. All content on this Site or Platform is the property of utPay.io and is protected by copyright, patent, trademark and any other applicable laws unless otherwise specified hereby.
6.2.The trademarks, trade names, service marks and logos of utPay.io and others used on the Site or Platform (hereinafter the "Trademarks") are the property of utPay.io and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site and Platform belong to utPay.io. The Trademarks and other content on the Site or Platform should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content from the Site or Platform on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorised use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.
6.3. utPay.io supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for any material on which you hold a bona fide copyright, please send us an email to [email protected].
7. USER VERIFICATION
7.1. Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required for all Transactions unless the transaction is considered occasional in the meaning of the ML/TF Prevention Act and is made under the threshold limit set by the AML/CFT Program. If the User refuses to provide required documents and information under KYC, including additional information that can be requested after the business relationships were established, utPay.io reserves the right to terminate the Services provision to the User immediately.
7.2 Identification and verification procedures are obligatory for all Users applying to use or using the Utorg Card Service during the stage of the opening of a debit payment card and throughout the period of the Service.
7.3. The User hereby authorises utPay.io to, directly or indirectly (through third parties), make any inquiries as considered necessary to check the relevance and accuracy of the information provided for verification purposes. Personal data transferred will be limited strictly to what is necessary and with security measures in use to protect the data.
8. TRANSACTIONS
8.1. The Platform allows the User to Purchase virtual currencies and receive other Services provided by utPay.io via the Site, Widget or other APIs deployed on the websites and applications of third parties.
8.2. The User recognises that the payment order should only be submitted after careful consideration, and the User understands and accepts the consequences of its execution. The User agrees that as soon as the payment order is executed, such transaction is irreversible and may not be cancelled. Transactions will be executed instantly and will be considered to have taken place at the execution date and time.
8.3. Utilising the Utorg Card Service, the User will also be able to Sell virtual currencies for fiat currency (EUR) while replenishing the debit payment card account with the virtual currency funds stored on the User’s Utorg non-custodial virtual currency wallet, linked to the debit payment card or with Binance Pay.
8.4 Utorg Card Service allows the User to make cashless payments for purchases with a debit payment card, either via a point of sale (POS) or online
8.5. The User acknowledges and agrees that the Transaction may be delayed due to KYC verifications and other AML/CTF checks. Similarly, and due to the inherent nature of the virtual currency networks, the User acknowledges and agrees that the transfer of virtual currency to the specified wallet may take some time.
8.6. In case the User discovers transaction activity that the User did not initiate, the User shall immediately notify utPay.io of this fact and follow the instructions sent by utPay.io. Otherwise, utPay.io reserves the right to freeze the funds until the end of the investigation.
8.7. utPay.io may be forced to cancel or recall an already executed transaction at the request of financial institutions, including but not limited to banks that are involved in the settlement of such transactions. In such cases, the User is obligated to cooperate with utPay.io in order to discover the reasons for such request.
9. TRANSACTION FEE
9.1. utPay.io reserves a right to set Transaction Fees at its discretion.
9.2. utPay.io has no control over the exchange rate, processing fee and any other fees imposed by a User's card issuer. Therefore, utPay.io bears no responsibility for these extra costs.
9.3. A User agrees to pay utPay.io the Transaction fee for each completed Transaction.
9.4. While the User is utilising Utorg Card Service, there is an additional 1% commission that utPay.io partner Quicko Sp. z o.o. can apply for each transaction made within fiat currency other than EUR in order to cover double conversion expenses.
9.5. While servicing the Utorg debit payment card, utPay.io will charge the User fees displayed when relevant transactions are accepted.
10. ROUNDING POLICY
10.1. For all financial calculations, utPay.io uses the rounding policy in favour of the Platform. utPay.io rounds the Fiat currencies to the 2nd digit after the separator. The Rounding policy for virtual currency varies depending on a particular virtual currency.
10.2. For the purpose of the processes optimisation, transactions on the Platform with regard to some items (including, but not limited to, currencies, cryptocurrencies, etc.) may not be reflected in the User's Account and will appear as soon as a unit is whole in accordance with the rounding standards.
11. ILLEGAL TRANSACTIONS
11.1. utPay.io reserves the right to suspend or terminate your utPay.io Account, freeze the funds kept on Utorg debit payment card balance or cancel the Transaction at any time if we reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognised body for the prevention of financial crime, money laundering, terrorist financing and financing of proliferation of weapons of mass destruction.
11.2. It is strictly forbidden to use the Platform for any illegal purposes. utPay.io will report any suspicious activity to the relevant law enforcement authorities.
11.3. The User shall ensure that they do not use the Services for the transactions relating to:
11.3.1 money laundering, terrorist financing, proliferation of weapons of mass destruction;
11.3.2 human trafficking;
11.3.3. any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organisations glorifying war or violating human dignity;
11.3.4. any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
11.3.5. archaeological findings;
11.3.6. drugs, narcotics or hallucinogens;
11.3.7. weapons of any kind;
11.3.8. illegal gambling services;
11.3.9. Ponzi, pyramid or any other "get rich quick" schemes;
11.3.10. goods that are subject to any trade embargo;
11.3.11. media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
11.3.12. body parts or human remains;
11.3.13. protected animals or protected plants;
11.3.14. weapons or explosive materials; or
11.3.15. any other illegal goods, services or transactions.
12. PROHIBITION OF USE
12.1. utPay.io is an independent, self–governing and well–operating company that maintains the right to accept, allow, restrict, and deny the Services according to its internal policies and regulatory restrictions.
12.2. utPay.io deliberately screens its users and takes corresponding actions to avoid providing the services to individuals and legal entities from non-supported countries.
12.3. User, who is accessing and using the Services, confirms that he/she:
12.3.1. is NOT in any trade or economic sanction lists, including, but not limited to UN Security Council Sanctions list, EU consolidated sanction list, designated as a "Specially Designated National" by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department's "Denied Persons List".
12.3.2. is NOT a resident of the non-supported countries.
12.3.3. does NOT have a US Person Status. A United States person is any person meeting at least one of the following criteria:(a) The individual has citizenship or a valid residence permit (Green Card) in the U.S.; (b) The individual’s/legal entity’s tax residence country is the U.S.;) (c) The individual was born in the U.S.; (d) The individual/legal entity has a phone number with a U.S. country code; (e) The registered address of the legal entity is in the U.S.; (f) The residential or correspondence address of the individual/legal entity is in the U.S. (including a P.O. Box in the U.S.); (g )A Power of Attorney has been issued to an individual/legal entity with an address in the U.S.
12.3.4. does NOT act on behalf of individuals who have a residence in the non-supported countries or US Person Status.
12.3.5. is NOT incorporated in the following countries or act on behalf of legal entities that are incorporated in the non-supported countries.
12.3.6. does NOT act on behalf of entities whose shareholders are residents of non-supported countries.
12.4. Users who illegally and fraudulently managed to receive the Service, violating rules in clause 12.3.1, are subject to an immediate ban once utPay.io detects such activities without a refund of pledge funds.
12.6. Users who violate the rules listed in clause 12.3.1 are solely responsible for any legal actions that might come from law enforcement authorities.
13. ACCOUNT SECURITY
13.1. The User is responsible for maintaining the confidentiality of their Account's credentials, including, but not limited to, a password, including Transactions made through the Account.
13.2. utPay.io personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that asks for the password, other than the utPay.io Site or Platform, should be reported to utPay.io. If the User is in doubt whether a website is genuine, it is required to ensure the website is EV SSL compliant (Security Certificate Validation is shown in the address bar of a web browser).
13.3. It is advisable to change the User's password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to the Account. utPay.io also advises the User not to choose a password that is easily guessed from information someone might know or gather about the User or a password that has a meaning. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account.
13.4. If the User has any security concerns about his/her Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorisation or otherwise compromised, the User is advised to change the password. The User must contact Support Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorised use of the Account, login details, password or other security features. Any undue delay in notifying utPay.io may not only affect the security of the Account but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed his/her Account, the User should also contact an appropriate government agency and report the incident.
13.5. The User must take reasonable care to ensure that his/her e-mail account(s) are secure and only accessed by the User, as his/her e-mail address may be used to reset passwords or to communicate with the User about the security of the Account. utPay.io cannot be liable for the breach of an e-mail account resulting in an unauthorised Transaction to be executed with proper confirmation. In case any of the e-mail addresses registered with the User's Accounts are compromised, the User should, without undue delay after becoming aware of this contact Support Service, also contact his/her e-mail service provider.
13.6. Irrespective of whether the User is using a public, a shared or his/her own computer to access the Account, the User must always ensure that the browser does not store his/her login details, cached or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.
13.7. Additional products or services the User uses may have additional security requirements, and the User must familiarise with those as notified to him/her.
13.8. Two-factor authentication must be enabled in order to make any Withdrawal Transactions.
14. TERMINATION OF THE TERMS OF USE OR CANCELATION OF TRANSACTION
14.1. The User may terminate the Terms of Use and close their Account at any time following the settlement of any pending transactions.
14.2. The User also agrees that utPay.io may, by giving notice, at its sole discretion, terminate his/her access to the Site or Platform and to his/her Account, including without limitation, our right to limit, suspend or terminate the Service and the Users' Accounts, prohibit access to the Site or Platform and its content, services and tools, delay or remove hosted content and take technical and legal steps to keep the Users off the Site or Platform if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Users for any reason, including without limitation: (1) attempts to gain unauthorised access to the Site or Platform, another User's account or providing assistance to others attempting to do so, (2) overcoming software security features limiting the use of or protecting any content, (3) usage of the Service to perform illegal activities and transactions such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (5) failure to pay or fraudulent payment for Transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government authorities, if deemed to be legitimate and compelling by utPay.io, acting at its sole discretion.
14.3. utPay.io also reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of six (6) months or more and/or to modify or discontinue our Site or Service. The User agrees that utPay.io will not be liable to them or to any third party for termination of their Account or access to the Site or Platform.
14.4. The suspension of the Account shall not affect the payment of the Transaction fees due for past Transactions.
14.5. Upon cancellation of the Transaction and Account termination, the fiat funds held on the User’s payment card account used for Purchase will be unblocked in accordance with the payment system and payment card issuer rules. In the case of a cash-in terminal transaction, the User shall provide valid bank account details to allow the transfer of funds used to perform the Purchase Transaction back to the User. utPay.io, shall transfer the fiat funds as soon as possible following the User's request in the time frames specified by utPay.io.
14.6. utPay.io will send the fiat funds used to perform the Purchase Transaction, which was cancelled, to the User. However, in certain circumstances, a number of intermediaries may be involved in an international payment, and these or the beneficiary bank may deduct charges. utPay.io will use reasonable efforts to ensure that such charges are disclosed to the User prior to sending the payment; however, where they cannot be avoided, the User acknowledges that these charges cannot always be calculated in advance and that he/she agrees to be responsible for such charges.
14.7 In case of termination of these Terms of Use and account made either by the User or utPay.io, utPay.io will allow the User to purchase virtual currency for the fiat funds stored on the Utorg debit payment card account and send it only to the User’s Utorg non-custodial virtual currency wallet, linked to the Utorg payment debit card account, if there is no other order from the relevant law enforcement authorities or courts to freeze the funds on the account.
15. SERVICES AVAILABILITY
15.1. Services are provided "AS IS", without guarantees of any kind, either expressed or implied.
15.2. utPay.io will strive to keep the Site and Platform up and running; however, all online services suffer from occasional disruptions and outages and utPay.io is not liable for any disruption or loss the User may suffer as a result. Thus, utPay.io does not provide any guarantees that access to the Site or Platform will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
15.3. utPay.io will use reasonable endeavours to ensure that the User can normally access the Site or Platform in accordance with the Terms of Use. utPay.io may suspend the use of the Site or Platform for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency.
16. FINANCIAL OR LEGAL ADVICE
16.1. utPay.io does not provide any financial, investment or legal advice in connection with the Services provided by utPay.io. utPay.io may provide information on the price, range, volatility of virtual currencies and events that have affected the price of virtual currencies, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy virtual currencies is the User's decision and utPay.io will not be liable for any loss suffered.
17. TAXATION
17.1. The User undertakes to pay all his/her taxes and duties, which can result from the use of utPay.io Services and should be paid according to the User's state of residence regulations.
17.2. utPay.io is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties.
18. NOTICES AND COMMUNICATION
18.1. utPay.io reserves the right to send notices to and communicate with the User by any means of communication available to utPay.io, considering the contact details provided by the User.
18.2. The User expressly agrees to receive any notices in electronic form and to be bound by them, if so is required by the Terms of Use.
18.3. The main official information channel of utPay.io is the Utrg UAB Blog.
19. GOVERNING LAW AND DISPUTE RESOLUTION
19.1. These Terms of Use shall be governed by and construed in accordance with the laws of Lithuania unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and these Terms of Use shall be submitted to the Lithuanian Court in Vilnius as the Court of First Instance. If any portion of these Terms of Use shall be deemed invalid, void or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.
20. LIMITATION OF LIABILITY
20.1. IN NO EVENT SHALL utPay.io, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE OR PLATFORM, (II) ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR PLATFOMR OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE OR PLATFORM, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR PLATFORM, OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE OR PLATFORM, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR PLATFORM, OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE OR PLATFORM, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE AND/ OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER'S USE OF THIS SITE OR PLATFORM, OR THE SERVICES FOUND AT THIS SITE OR PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT UTRG.PRO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR PLATFORM, OR THE SERVICES FOUND AT THIS SITE OR PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL utPay.io'S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR THE USER'S USE OF THIS SITE OR PLATFORM OR THE SERVICES FOUND AT THIS SITE OR PLATFORM.
21. INDEMNITY
21.1. The User agrees to protect, defend, indemnify and hold harmless utPay.io and its officers, directors, employees, agents and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by utPay.io directly or indirectly arising from (i) the User's use of and access to this Site or Platform, or the Services found at this Site or Platform; (ii) the User's violation of any provision of the Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) the User's violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Terms of Use or the User's use of this Site or Platform, or the Services found on this Site or Platform.
22. MODIFICATIONS AND AMENDMENTS
22.1. utPay.io reserves the right to amend or modify any portion of these Terms of Use at any time by publishing the revised version of the Terms of Use on the Site. The changes will become effective and shall be deemed accepted by the User the first time the User uses the Services after the publishing of the revised Terms of Use and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that the User does not agree with any such modification, the User's sole and exclusive remedy is to terminate the use of the Services and close the Account. The User agrees that utPay.io shall not be liable to the User or any third party as a result of any losses suffered by any modification or amendment of these Terms of Use.
23. FORCE MAJEURE
23.1. If utPay.io is unable to perform the Services outlined in the Terms of Use due to factors beyond its control, including but not limited to the event of Force Majeure, change of law or change in sanctions policy, utPay.io will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.
24. LINKS TO THIRD-PARTY WEBSITES
24.1. This Site or Platform and the Services found at this Site or Platform may contain links to third-party websites or services that are not owned or controlled by utPay.io. utPay.io assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites or services. In addition, utPay.io does not censor or edit the content of any third-party websites or platforms. By using this Site or Platform, or the Services found at this Site or Platform, you expressly release utPay.io from any and all liability arising from the User's use of any third-party website or service. Accordingly, utPay.io encourages the User to be aware when the User leaves this Site or Platform, or the Services found at this Site or Platform and to review the terms and conditions, privacy policies and other governing documents of any other website or service that you may visit.
As used herein, "utPay.io" refers to the company Utrg, UAB, including but not limited to its owners, directors, investors, officers, employees, agents or other related parties, unless otherwise provided herein.
These Terms of Use contain important provisions, which the User must consider carefully when choosing whether to visit the Site and use the services, products, Platform and content of utPay.io. Please read these Terms of Use carefully before agreeing to them.
The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products and content of utPay.io.
These Terms of Use incorporate the Privacy Policy as well as any other policies published on the Site by reference, so by accepting these Terms of Use, the User agrees with and accepts all the policies published on the Site.
IF THE USER DOES NOT ACCEPT THESE TERMS OF USE, THE USER SHALL NOT ACCESS THIS SITE OR PLATFORM AND SHALL NOT USE ANY OF utPay.io’S SERVICES, PRODUCTS AND CONTENT.
1. DEFINITIONS
1.1. Capitalised terms used in these Terms of Use shall be interpreted in accordance with the definitions provided below:
1.1.1. Account: means the personal cabinet of the verified User, where the transactions history and personal data can be seen and uploaded.
1.1.2. Buyer: means the User who purchases virtual currency for fiat currency through the Platform.
1.1.3. Commission: means a fee charged by or on behalf of any third party (e.g. bank, non-bank financial institution, payment service provider, etc).
1.1.4. Fiat currency: means government-issued currency that is designated as legal tender in its country of issuance through government decree, regulation, or law.
1.1.5. Funds: means virtual currency or fiat currency.
1.1.6. ML/TF Prevention Act - Money Laundering and Terrorist Financing Prevention Act of Lithuania, with amendments from 14 July 2022.
1.1.7. Non-supported countries – a list of countries which are not supported by the platform: Afghanistan, American Samoa, Austria, Bahamas, Barbados, Belarus, Bosnia and Herzegovina, Botswana, Burundi, Cambodia, Central African Republic, China, Cuba, Democratic Republic of Congo, Egypt, Ethiopia, Gaza Strip, Ghana, Guam, Guinea-Bissau, Guyana, Iran, Iraq, Jamaica, Japan, Lao People's Democratic Republic, Lebanon, Libya, Mali, Mauritius, Myanmar, Netherlands, Nicaragua, Nigeria, North Korea, Pakistan, Panama, Puerto Rico, Russian Federation, Samoa, Serbia, Singapore, Somalia, South Sudan, Sri Lanka, Sudan, Syria, The Northern Mariana Islands, Trinidad & Tobago, Tunisia, U.S. Virgin Islands, Uganda, United Kingdom, United States of America, Vanuatu, Venezuela, West Bank (Palestinian Territory, Occupied), Yemen, and Zimbabwe.
1.1.8. Platform: means an environment that allows exchanging fiat currencies for virtual currencies and/or utilising other Services provided by utPay.io.
1.1.9. Purchase: means the User's instruction to buy virtual currency on specific conditions for fiat currency provided by the User and transfer it to the wallet specified in advance.
1.1.10. Services: means all and any service provided by utPay.io.
1.1.11. Site: means utPay.io website at https://utPay.io
1.1.12. Transaction fee: means a fee which is payable to utPay.io for each completed Transaction.
1.1.13. Transaction Price: means the total price paid by the User with respect to each Transaction performed via the utPay.io Services.
1.1.14. Transaction: means the transfer of virtual currency to the wallet specified by the User after the receipt of the specified fiat equivalent from the User was guaranteed or any other transaction performed in accordance with services provided by utPay.io.
1.1.15. User: means a person or an entity that purchases virtual currency for fiat currency through the Site or Platform or uses any other Services provided by utPay.io and agrees to follow the Terms of Use.
1.1.16. Virtual currency: means a value represented in the digital form, which is digitally transferable, preservable or tradable and which natural persons or legal persons accept as a payment instrument but that is not the legal tender of any country (e.g. cryptocurrencies such as BTC, USDT.)
1.1.17. Utorg non-custodial virtual currency wallet - virtual currency wallet opened through the service allowing easy access to open and manage the virtual currency multichain wallets, which is provided via Utorg: Bitcoin & Crypto Wallet Application by UTORG LABS HOLDING LTD.
1.1.18. Widget - software application that allows the exchange of virtual currencies against fiat currencies and can be deployed on Site and/or websites and applications of third parties.
1.2.Where the context so admits words denoting the singular shall include the plural and vice versa.
2. THE SCOPE OF THE SERVICES
2.1. utPay.io allows all users to buy virtual currencies for fiat currencies.
2.2.The Services can be provided via Widget deployed on third-party websites, applications or cash-in terminal interfaces. Legal entities may use utPay.io to provide their end-users with direct access to utPay.io Services by the placement on their web portals or cash-in terminal’s interface either as utPay.io’s software or white-label solution. In this case, the relevant agreement on the Mutual Services must be signed with every legal entity.
2.3. Depending on the User's place of residence, the User may not be able to use the services of the Platform. It is the User's responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses this Site or Platform.
2.4. The User may also utilise additional services upon their availability in the user’s country of residence:
2.4.1. “Utorg Card” - debit payment card account opened under Utrg UAB User’s account, with the capability to be linked to the designated Utorg non-custodial virtual currency wallet owned by the User, using which User may replenish Utorg debit payment card balance via exchange to fiat currency (EUR), allowing User to make cashless payments for their purchases with their debit payment card, either via a point of sale (POS) or online.
2.4.1.1. The Utorg Card Service is available only for EEA residents.
2.4.1.2. utPay.io will proceed with the preliminary virtual currency exchange to replenish the debit payment card with fiat currency (EUR) under the conditions and fees stipulated for the Service.
2.4.1.3. The Utorg Card Service is provided in collaboration with Quicko Sp. z o.o. (https://www.quicko.pl/) and by accepting these Terms of Use and utilising the Utorg Card Service, the User should realise and agree to Quicko’s current Terms and Conditions and Privacy Policy published on their website by the following link: https://www.quicko.pl/quicko-files.
2.5. Considering the nature of virtual currency wallet addresses, the possibility to refund, re-enter or change a wallet address once a transaction is initiated is absent. Users are obliged to understand this and agree to the Terms of Use prior to initiating any transactions.
3. USER RIGHTS AND RESPONSIBILITIES
3.1. The User has the right to enter and use the Site or Platform and the Services as long as he/she agrees to and actually complies with the Terms of Use. By using the Site or Platform, the User agrees to accept and comply with the terms and conditions stated herein.
3.2. The User undertakes to read the entire Terms of Use carefully before using the Site or Platform or any of the services provided by utPay.io.
3.3. The User undertakes to comply with any and all applicable laws and regulations related to the use of the Services.
3.4. In case of an occasional transaction, in the meaning of the ML/TF Prevention Act, which is made under the threshold limit set by the AML/CFT Program, the entire Terms of Use apply to such User outside the business relationships without the establishment of aforesaid relationships and creation of the Account.
3.5. The User undertakes to monitor all and any changes in the transaction flow, including but not limited to the necessity to provide additional information and documents to support the Transaction.
3.6. The User undertakes to immediately (i.e. right after the moment of discovery) inform utPay.io about any unusual, suspicious, unclear or abnormal changes with his/her Transaction or Account. In case of late informing or non-informing, the User will be liable for the breach of the Terms of Use, and utPay.io will have the right to take any further steps, accordingly, including but not limited to reporting to the relevant state or national authorities.
3.7. It is prohibited for a User to have more than one account. A user is solely responsible for non-disclosing confidential information and for the security of that User's account, including but not limited to passwords, protecting all activity and transaction history that are located on that account.
3.8. The Buyer agrees that whenever the purchase Transaction is made, the Platform sends and receives the monetary sums from the Buyer and sends virtual currencies to the wallet specified by the Buyer.
3.9. The User undertakes to notify utPay.io immediately of any unauthorised use of his/her credentials or any other breach of security by email addressed to [email protected]. Any User who violates the mentioned rules may be terminated and thereafter held liable for any losses incurred by utPay.io or any user of the Platform.
3.10. The User undertakes not to use the Services to perform criminal activity of any sort, including but not limited to money laundering, illegal gambling operations, financing terrorist organisations, or malicious hacking.
3.11. The User is responsible for any and all damages caused and all liability actions brought against Utrg, UAB for infringement of any third-party rights or violation of any applicable laws.
3.12. Nothing in the Terms of Use excludes or limits the liability of the User for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of law or any other liability which may not be limited or excluded by law.
3.13. Users are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status and risk willingness.
3.14. All payment instruments used during the Transaction, may it be a bank account, credit card, debit card, or others, must be named after the User. Any attempt otherwise will be considered fraud.
4. USER REPRESENTATIONS AND WARRANTIES
4.1. By performing the Transaction, the User expressly represents and warrants that he/she:
4.1.1. follows the rules and laws in his/her country of residence and/or country from which he /she accesses this Site or Platform and Services;
4.1.2. has accepted these Terms of Use;
4.1.3. is at least 18 years old and has the right to accept these Terms of Use and participate in transactions involving virtual currencies
4.2. The User represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms and that they are duly authorised and have the capacity to enter into the Transactions on the Platform.
4.3. The User represents and warrants that fiat funds or virtual currencies used for the transaction belong to the User and are derived from legal sources.
4.4. The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.
4.5. The User understands that his personal data and identifiers may be shared with appropriately authorised third parties due to legal obligations such as the prevention of crimes and tax purposes and/or the provision of the service requested by the User.
5. utPay.io'S RIGHTS AND RESPONSIBILITIES
5.1. utPay.io has the right to suspend the User's Transaction and block virtual currency before it was transferred to the wallet address specified by the User or fiat currency used to perform the Transaction in case of non-fulfilment or unduly fulfilment of the Terms of Use by the User.
5.2. utPay.io undertakes to provide the Services with the utmost effort and due care and in accordance with these Terms of Use.
5.3. utPay.io 's responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the virtual currency transferred. When initiating virtual currency transactions to the wallet address provided by the User, utPay.io responsibility shall be further limited to ensuring the transfer of the necessary technical data to the virtual currency network.
5.4. To the extent permitted by law, utPay.io is not responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of the Terms of Use by utPay.io.
5.5. utPay.io is not responsible for any damages, loss of profit, loss of revenue, loss of opportunity, an indirect or consequential loss which the User incurred as a result of the use of third party’s services, including those entities which have placed utPay.io’s to their web portal or cash-in terminal interface and signed the relevant agreement on the Mutual Services.
5.6. utPay.io is not responsible for any malfunction, breakdown, delay or interruption of the Internet connection or any reason why our Site or Platform is unavailable at any given time.
5.7. utPay.io is not responsible for the delay in the processing of payments made by the fault of any third-party operators of such transactions.
5.8. In the case of fraud or other illegal activity, utPay.io undertakes to report all the necessary information, including names, addresses, and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognise that their account or transaction may be frozen at any time at the request of any competent authority investigating fraud or any other illegal activity.
5.9. Nothing in these terms excludes or limits the responsibility of utPay.io for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of the law or any other liability which may not be limited or excluded by law.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. All content on this Site or Platform is the property of utPay.io and is protected by copyright, patent, trademark and any other applicable laws unless otherwise specified hereby.
6.2.The trademarks, trade names, service marks and logos of utPay.io and others used on the Site or Platform (hereinafter the "Trademarks") are the property of utPay.io and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site and Platform belong to utPay.io. The Trademarks and other content on the Site or Platform should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content from the Site or Platform on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorised use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.
6.3. utPay.io supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for any material on which you hold a bona fide copyright, please send us an email to [email protected].
7. USER VERIFICATION
7.1. Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required for all Transactions unless the transaction is considered occasional in the meaning of the ML/TF Prevention Act and is made under the threshold limit set by the AML/CFT Program. If the User refuses to provide required documents and information under KYC, including additional information that can be requested after the business relationships were established, utPay.io reserves the right to terminate the Services provision to the User immediately.
7.2 Identification and verification procedures are obligatory for all Users applying to use or using the Utorg Card Service during the stage of the opening of a debit payment card and throughout the period of the Service.
7.3. The User hereby authorises utPay.io to, directly or indirectly (through third parties), make any inquiries as considered necessary to check the relevance and accuracy of the information provided for verification purposes. Personal data transferred will be limited strictly to what is necessary and with security measures in use to protect the data.
8. TRANSACTIONS
8.1. The Platform allows the User to Purchase virtual currencies and receive other Services provided by utPay.io via the Site, Widget or other APIs deployed on the websites and applications of third parties.
8.2. The User recognises that the payment order should only be submitted after careful consideration, and the User understands and accepts the consequences of its execution. The User agrees that as soon as the payment order is executed, such transaction is irreversible and may not be cancelled. Transactions will be executed instantly and will be considered to have taken place at the execution date and time.
8.3. Utilising the Utorg Card Service, the User will also be able to Sell virtual currencies for fiat currency (EUR) while replenishing the debit payment card account with the virtual currency funds stored on the User’s Utorg non-custodial virtual currency wallet, linked to the debit payment card or with Binance Pay.
8.4 Utorg Card Service allows the User to make cashless payments for purchases with a debit payment card, either via a point of sale (POS) or online
8.5. The User acknowledges and agrees that the Transaction may be delayed due to KYC verifications and other AML/CTF checks. Similarly, and due to the inherent nature of the virtual currency networks, the User acknowledges and agrees that the transfer of virtual currency to the specified wallet may take some time.
8.6. In case the User discovers transaction activity that the User did not initiate, the User shall immediately notify utPay.io of this fact and follow the instructions sent by utPay.io. Otherwise, utPay.io reserves the right to freeze the funds until the end of the investigation.
8.7. utPay.io may be forced to cancel or recall an already executed transaction at the request of financial institutions, including but not limited to banks that are involved in the settlement of such transactions. In such cases, the User is obligated to cooperate with utPay.io in order to discover the reasons for such request.
9. TRANSACTION FEE
9.1. utPay.io reserves a right to set Transaction Fees at its discretion.
9.2. utPay.io has no control over the exchange rate, processing fee and any other fees imposed by a User's card issuer. Therefore, utPay.io bears no responsibility for these extra costs.
9.3. A User agrees to pay utPay.io the Transaction fee for each completed Transaction.
9.4. While the User is utilising Utorg Card Service, there is an additional 1% commission that utPay.io partner Quicko Sp. z o.o. can apply for each transaction made within fiat currency other than EUR in order to cover double conversion expenses.
9.5. While servicing the Utorg debit payment card, utPay.io will charge the User fees displayed when relevant transactions are accepted.
10. ROUNDING POLICY
10.1. For all financial calculations, utPay.io uses the rounding policy in favour of the Platform. utPay.io rounds the Fiat currencies to the 2nd digit after the separator. The Rounding policy for virtual currency varies depending on a particular virtual currency.
10.2. For the purpose of the processes optimisation, transactions on the Platform with regard to some items (including, but not limited to, currencies, cryptocurrencies, etc.) may not be reflected in the User's Account and will appear as soon as a unit is whole in accordance with the rounding standards.
11. ILLEGAL TRANSACTIONS
11.1. utPay.io reserves the right to suspend or terminate your utPay.io Account, freeze the funds kept on Utorg debit payment card balance or cancel the Transaction at any time if we reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognised body for the prevention of financial crime, money laundering, terrorist financing and financing of proliferation of weapons of mass destruction.
11.2. It is strictly forbidden to use the Platform for any illegal purposes. utPay.io will report any suspicious activity to the relevant law enforcement authorities.
11.3. The User shall ensure that they do not use the Services for the transactions relating to:
11.3.1 money laundering, terrorist financing, proliferation of weapons of mass destruction;
11.3.2 human trafficking;
11.3.3. any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organisations glorifying war or violating human dignity;
11.3.4. any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
11.3.5. archaeological findings;
11.3.6. drugs, narcotics or hallucinogens;
11.3.7. weapons of any kind;
11.3.8. illegal gambling services;
11.3.9. Ponzi, pyramid or any other "get rich quick" schemes;
11.3.10. goods that are subject to any trade embargo;
11.3.11. media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
11.3.12. body parts or human remains;
11.3.13. protected animals or protected plants;
11.3.14. weapons or explosive materials; or
11.3.15. any other illegal goods, services or transactions.
12. PROHIBITION OF USE
12.1. utPay.io is an independent, self–governing and well–operating company that maintains the right to accept, allow, restrict, and deny the Services according to its internal policies and regulatory restrictions.
12.2. utPay.io deliberately screens its users and takes corresponding actions to avoid providing the services to individuals and legal entities from non-supported countries.
12.3. User, who is accessing and using the Services, confirms that he/she:
12.3.1. is NOT in any trade or economic sanction lists, including, but not limited to UN Security Council Sanctions list, EU consolidated sanction list, designated as a "Specially Designated National" by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department's "Denied Persons List".
12.3.2. is NOT a resident of the non-supported countries.
12.3.3. does NOT have a US Person Status. A United States person is any person meeting at least one of the following criteria:(a) The individual has citizenship or a valid residence permit (Green Card) in the U.S.; (b) The individual’s/legal entity’s tax residence country is the U.S.;) (c) The individual was born in the U.S.; (d) The individual/legal entity has a phone number with a U.S. country code; (e) The registered address of the legal entity is in the U.S.; (f) The residential or correspondence address of the individual/legal entity is in the U.S. (including a P.O. Box in the U.S.); (g )A Power of Attorney has been issued to an individual/legal entity with an address in the U.S.
12.3.4. does NOT act on behalf of individuals who have a residence in the non-supported countries or US Person Status.
12.3.5. is NOT incorporated in the following countries or act on behalf of legal entities that are incorporated in the non-supported countries.
12.3.6. does NOT act on behalf of entities whose shareholders are residents of non-supported countries.
12.4. Users who illegally and fraudulently managed to receive the Service, violating rules in clause 12.3.1, are subject to an immediate ban once utPay.io detects such activities without a refund of pledge funds.
12.6. Users who violate the rules listed in clause 12.3.1 are solely responsible for any legal actions that might come from law enforcement authorities.
13. ACCOUNT SECURITY
13.1. The User is responsible for maintaining the confidentiality of their Account's credentials, including, but not limited to, a password, including Transactions made through the Account.
13.2. utPay.io personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that asks for the password, other than the utPay.io Site or Platform, should be reported to utPay.io. If the User is in doubt whether a website is genuine, it is required to ensure the website is EV SSL compliant (Security Certificate Validation is shown in the address bar of a web browser).
13.3. It is advisable to change the User's password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to the Account. utPay.io also advises the User not to choose a password that is easily guessed from information someone might know or gather about the User or a password that has a meaning. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account.
13.4. If the User has any security concerns about his/her Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorisation or otherwise compromised, the User is advised to change the password. The User must contact Support Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorised use of the Account, login details, password or other security features. Any undue delay in notifying utPay.io may not only affect the security of the Account but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed his/her Account, the User should also contact an appropriate government agency and report the incident.
13.5. The User must take reasonable care to ensure that his/her e-mail account(s) are secure and only accessed by the User, as his/her e-mail address may be used to reset passwords or to communicate with the User about the security of the Account. utPay.io cannot be liable for the breach of an e-mail account resulting in an unauthorised Transaction to be executed with proper confirmation. In case any of the e-mail addresses registered with the User's Accounts are compromised, the User should, without undue delay after becoming aware of this contact Support Service, also contact his/her e-mail service provider.
13.6. Irrespective of whether the User is using a public, a shared or his/her own computer to access the Account, the User must always ensure that the browser does not store his/her login details, cached or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.
13.7. Additional products or services the User uses may have additional security requirements, and the User must familiarise with those as notified to him/her.
13.8. Two-factor authentication must be enabled in order to make any Withdrawal Transactions.
14. TERMINATION OF THE TERMS OF USE OR CANCELATION OF TRANSACTION
14.1. The User may terminate the Terms of Use and close their Account at any time following the settlement of any pending transactions.
14.2. The User also agrees that utPay.io may, by giving notice, at its sole discretion, terminate his/her access to the Site or Platform and to his/her Account, including without limitation, our right to limit, suspend or terminate the Service and the Users' Accounts, prohibit access to the Site or Platform and its content, services and tools, delay or remove hosted content and take technical and legal steps to keep the Users off the Site or Platform if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Users for any reason, including without limitation: (1) attempts to gain unauthorised access to the Site or Platform, another User's account or providing assistance to others attempting to do so, (2) overcoming software security features limiting the use of or protecting any content, (3) usage of the Service to perform illegal activities and transactions such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (5) failure to pay or fraudulent payment for Transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government authorities, if deemed to be legitimate and compelling by utPay.io, acting at its sole discretion.
14.3. utPay.io also reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of six (6) months or more and/or to modify or discontinue our Site or Service. The User agrees that utPay.io will not be liable to them or to any third party for termination of their Account or access to the Site or Platform.
14.4. The suspension of the Account shall not affect the payment of the Transaction fees due for past Transactions.
14.5. Upon cancellation of the Transaction and Account termination, the fiat funds held on the User’s payment card account used for Purchase will be unblocked in accordance with the payment system and payment card issuer rules. In the case of a cash-in terminal transaction, the User shall provide valid bank account details to allow the transfer of funds used to perform the Purchase Transaction back to the User. utPay.io, shall transfer the fiat funds as soon as possible following the User's request in the time frames specified by utPay.io.
14.6. utPay.io will send the fiat funds used to perform the Purchase Transaction, which was cancelled, to the User. However, in certain circumstances, a number of intermediaries may be involved in an international payment, and these or the beneficiary bank may deduct charges. utPay.io will use reasonable efforts to ensure that such charges are disclosed to the User prior to sending the payment; however, where they cannot be avoided, the User acknowledges that these charges cannot always be calculated in advance and that he/she agrees to be responsible for such charges.
14.7 In case of termination of these Terms of Use and account made either by the User or utPay.io, utPay.io will allow the User to purchase virtual currency for the fiat funds stored on the Utorg debit payment card account and send it only to the User’s Utorg non-custodial virtual currency wallet, linked to the Utorg payment debit card account, if there is no other order from the relevant law enforcement authorities or courts to freeze the funds on the account.
15. SERVICES AVAILABILITY
15.1. Services are provided "AS IS", without guarantees of any kind, either expressed or implied.
15.2. utPay.io will strive to keep the Site and Platform up and running; however, all online services suffer from occasional disruptions and outages and utPay.io is not liable for any disruption or loss the User may suffer as a result. Thus, utPay.io does not provide any guarantees that access to the Site or Platform will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
15.3. utPay.io will use reasonable endeavours to ensure that the User can normally access the Site or Platform in accordance with the Terms of Use. utPay.io may suspend the use of the Site or Platform for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency.
16. FINANCIAL OR LEGAL ADVICE
16.1. utPay.io does not provide any financial, investment or legal advice in connection with the Services provided by utPay.io. utPay.io may provide information on the price, range, volatility of virtual currencies and events that have affected the price of virtual currencies, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy virtual currencies is the User's decision and utPay.io will not be liable for any loss suffered.
17. TAXATION
17.1. The User undertakes to pay all his/her taxes and duties, which can result from the use of utPay.io Services and should be paid according to the User's state of residence regulations.
17.2. utPay.io is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties.
18. NOTICES AND COMMUNICATION
18.1. utPay.io reserves the right to send notices to and communicate with the User by any means of communication available to utPay.io, considering the contact details provided by the User.
18.2. The User expressly agrees to receive any notices in electronic form and to be bound by them, if so is required by the Terms of Use.
18.3. The main official information channel of utPay.io is the Utrg UAB Blog.
19. GOVERNING LAW AND DISPUTE RESOLUTION
19.1. These Terms of Use shall be governed by and construed in accordance with the laws of Lithuania unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and these Terms of Use shall be submitted to the Lithuanian Court in Vilnius as the Court of First Instance. If any portion of these Terms of Use shall be deemed invalid, void or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.
20. LIMITATION OF LIABILITY
20.1. IN NO EVENT SHALL utPay.io, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE OR PLATFORM, (II) ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR PLATFOMR OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE OR PLATFORM, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR PLATFORM, OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE OR PLATFORM, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR PLATFORM, OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE OR PLATFORM, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE AND/ OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER'S USE OF THIS SITE OR PLATFORM, OR THE SERVICES FOUND AT THIS SITE OR PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT UTRG.PRO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR PLATFORM, OR THE SERVICES FOUND AT THIS SITE OR PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL utPay.io'S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR THE USER'S USE OF THIS SITE OR PLATFORM OR THE SERVICES FOUND AT THIS SITE OR PLATFORM.
21. INDEMNITY
21.1. The User agrees to protect, defend, indemnify and hold harmless utPay.io and its officers, directors, employees, agents and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by utPay.io directly or indirectly arising from (i) the User's use of and access to this Site or Platform, or the Services found at this Site or Platform; (ii) the User's violation of any provision of the Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) the User's violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Terms of Use or the User's use of this Site or Platform, or the Services found on this Site or Platform.
22. MODIFICATIONS AND AMENDMENTS
22.1. utPay.io reserves the right to amend or modify any portion of these Terms of Use at any time by publishing the revised version of the Terms of Use on the Site. The changes will become effective and shall be deemed accepted by the User the first time the User uses the Services after the publishing of the revised Terms of Use and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that the User does not agree with any such modification, the User's sole and exclusive remedy is to terminate the use of the Services and close the Account. The User agrees that utPay.io shall not be liable to the User or any third party as a result of any losses suffered by any modification or amendment of these Terms of Use.
23. FORCE MAJEURE
23.1. If utPay.io is unable to perform the Services outlined in the Terms of Use due to factors beyond its control, including but not limited to the event of Force Majeure, change of law or change in sanctions policy, utPay.io will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.
24. LINKS TO THIRD-PARTY WEBSITES
24.1. This Site or Platform and the Services found at this Site or Platform may contain links to third-party websites or services that are not owned or controlled by utPay.io. utPay.io assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites or services. In addition, utPay.io does not censor or edit the content of any third-party websites or platforms. By using this Site or Platform, or the Services found at this Site or Platform, you expressly release utPay.io from any and all liability arising from the User's use of any third-party website or service. Accordingly, utPay.io encourages the User to be aware when the User leaves this Site or Platform, or the Services found at this Site or Platform and to review the terms and conditions, privacy policies and other governing documents of any other website or service that you may visit.
Lithuania, Vilnius, Prūsų g. 14-62
Reg. No. 306062887
UAB “Utrg” (c) 2023. All rights reserved.
Reg. No. 306062887
UAB “Utrg” (c) 2023. All rights reserved.
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