TERMS OF SERVICE

  1. 1. GENERAL PROVISIONS

    These Terms of Service (“Terms”) constitute an agreement between the customer (“you” or “your”) and each of:

    Guardarian OÜ, a private limited company incorporated in Estonia with company number 14320990, whose registered office address is Rotermanni tn 2, Tallinn 10111, Estonia (“Guardarian”). Guardarian has obtained the license to provide virtual currency services which is issued by the respective Estonian authority. License’s number is FVT000200.

    Guardarian provides the virtual currency against virtual or fiat currency exchange service and card related products.

    and

    GUARDACO LDA, a private limited company incorporated in Portugal with company number 516458965, whose registered office address is str. Rua Latino Coelho, 87, 1050-134 Lisboa, Portugal (“Guardaco”).

    Guardaco provides virtual currency wallet service and services related to it.

    References in these Terms to "Company", "we", "our" or "us", are to Guardarian and/or Guardaco depending on the services being discussed, and references to “user”, "you" or "your" are to the person with whom the Company enters into these Terms.

    These Terms apply to the access and use of the virtual currency services as well as other ancillary services (“Services”) provided by the Company. The Services are available via a set of mobile, web, desktop applications, browser extension and webpages www.guarda.co and/or www.guarda.com (“Website”).

    The Terms enter into force after your acceptance and become legally binding for You.

    Please be aware that the Company may revise these Terms from time to time. Therefore, the Terms may be changed or amended. Any changes or amendments will be published in advance for a reasonable period of time on the Website. You might be notified about the updates of the Terms. The effective date which is at the top of the Terms informs you about the latest version of the Terms. The Company advises you to revisit this page from time to time to make sure you are familiar with the current version of the Terms. By continuing to access and use the Website or the Services after the Company has posted changes on the Website, or after notifying you via any electronic means, you are agreeing to accept the updated Terms. If you do not agree to any updated Terms, you must stop using the Website and the Services.

  2. 2. ACCOUNT REGISTRATION. ELIGIBILITY CRITERIA

    You may need to register for an account to access some or all of our Services (“Account”). The creation and use of your Account might be subject to identification and verification, as required by statutory and regulatory obligations incumbent on the Company. You agree to provide us with the information upon our request for the purposes of identity verification, compliance with know-your-customer (KYC) requirements, as well as prevention of money laundering, terrorism financing, fraud or any other financial crime.

    Shall you be required to register the Account, You confirm that:

    • You are at least 18 (eighteen) years old and have full legal capacity;
    • You are not a resident of a sanctioned jurisdictions according to the EU legislation and FATF lists;
    • You are not sanctioned by the EU, UN, USA or any authorities in the world;
    • You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of the Services would be illegal or otherwise violate any applicable law;
    • You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where the Company has determined, at its discretion, to prohibit the use of the Services. We may implement controls to restrict access to the Services from any jurisdiction prohibited pursuant to these Terms. You agree to comply with these Terms even if the Company’s methods to prevent the use of the Services are not effective or can be bypassed;
    • You confirm that you have provided true and accurate data about yourself during the account registration or during the usage of the Services. You shall update the information if the submitted information is not accurate anymore. You shall bear any losses that occur due to submission of invalid data;
    • You agree that the Company has the right to require information which helps us to identify and verify you. The Company has a right to suspend your usage of the website in case you fail to submit the requested information or submitted information is considered to be inaccurate or incomplete.
    • You are only transacting on the Website with legally-obtained funds that rightfully belong to you;
    • You understand and acknowledge that any delays in services are possible;
    • You shall not use proxy and VPN or other software for concealing your IP-address.

    As long as You agree to and comply with the present Terms, the Company grants You a personal, non-exclusive, non-transferable, non-sub licensable and limited right to enter and use the Website and the Services. You are not permitted to re-distribute any of the Services, modify any code or use any Company’s content, including images and text, as part of any other software or project of any kind.

    You agree that the Company has the right to require information which helps the Company to identify and verify You.

  3. 3. SERVICES PROVIDED BY THE COMPANY

    The Company provides virtual currency services.

    Guardaco provides virtual currency wallet service and services related to it.

    Guardarian provides the virtual currency against virtual or fiat currency exchange service and card related products.

    1. 3.1. Mobile, Web and Desktop Non-Custodial Wallet Applications

      The Company has created means for users to access and transfer ownership of virtual currency or tokens (“cryptocurrency”) under the name "Guarda Wallet...". You agree not to use the Service provided by the Company for accessing, transferring or keeping the tokens which have security elements.

      By entering into this agreement You will receive a license to use any of the Guarda Non-Custodial Wallet Applications. You should only use the Guarda Non-Custodial Wallet Application if you are familiar with virtual currencies and tokens. We highly recommend learning the basics of the specific virtual currency that You plan on using the Guarda Non-Custodial Wallet Application before running the application.

      1. 3.1.1. You Own Your Private Keys

        The Company does not store user’s private keys, backup phrases or passwords ("Private Information"). It is very important that You backup Private Information. If You lose Your Private Information then it will not be possible for the Company to recover it for You and You may lose access to Your virtual currency. money or tokens. If You do not understand the above paragraph then we strictly recommend that You learn more about virtual currencies before using the Guarda Non-Custodial Wallet Application.

      2. 3.1.2. Transactions

        The only authentic record of virtual currency transactions is the applicable virtual currency blockchain. The Guarda Non-Custodial Wallet Application provides functionality that allows You to send virtual currency transfer instructions. The Company does not guarantee that transactions You perform using the Guarda Non-Custodial Wallet Application shall be stored in any virtual currency blockchain. You must ensure that Your transactions conform to the applicable rules of the virtual currency software. There may be transaction fees (e.g. mining fees) associated with Your virtual currency transactions that are required by the virtual currency system You engage with. The Company shall not be responsible for any losses You incur due to transaction fees or losses that occur due to incorrectly set transaction fees (i.e. too low or high). The Company does not have access to Your transactions (or anyone else's).

      3. 3.1.3. No Control Over Blockchains

        The Company is not the creator of and does not have any control over, any of the virtual currencies that the Guarda Mobile Non-Custodial Wallet Application allows You to use.

    2. 3.2. Guarda Browser Extension

      The Company has created means for users to access and transfer ownership of virtual currency or tokens (such as ethereum) under the name “Guarda Extension”. Guarda Browser Extension is compatible with Google Chrome browser, distributed in Chrome Webstore and allows You to use cryptocurrency in decentralized applications (DApps).

    3. 3.3. Virtual currency exchange

      The Company provides virtual currency exchange services and card related products.

      You can buy virtual currency using SEPA payment or with a visa or mastercard. You can sell virtual currency and request to have your fiat transferred to your SEPA account, Visa/Mastercard or your Guardarian card.

      You shall have your own wallet for virtual or fiat currency. The Company does not provide you with any custodian services for virtual or fiat currency. Your transactions to buy or sell virtual currency may be subject to limits due to security and legal requirements. You should ensure that your limits are sufficient to cover any transaction you intend to make as well as any applicable fees.

      You agree that the Company is not responsible for any errors committed by your acts and/or commissions in connection with any transaction initiated via the Services. You agree that transactions you have initiated using the Services may not be reversed or cancelled by you once submitted to or accepted by the Company.

  4. 4. SERVICES PROVIDED BY THIRD-PARTIES

    The Company may provide information about third-party products, services, activities or events, or may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Integrations”). The Company provides Third-Party Integrations as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. The Company does not control or endorse, and makes no representations or warranties regarding any Third-Party Integrations, and your access to and use of such Third-Party Integrations is at your own risk.

    The Guarda Mobile, Web and Desktop Non-Custodial Wallet Applications contain libraries developed by third parties. The Company may provide third-party libraries to You as part of the Guarda Non-Custodial Wallet Application solution but shall not be considered to be the owner or licensor of the third party libraries. Please refer to the services and respect the relevant third party licenses.

    1. 4.1. Guarda Web-based Exchange

      Guarda Web-based Exchange is provided by Guarda's partners: ChangeNOW. When making an exchange, you agree with Terms of Service of https://changenow.io. Guarda itself does not provide Web-based exchange service.

    2. 4.2. Guarda Web-based Cryptocurrency Purchase

      Guarda Web-based Cryptocurrency Purchase with a banking card is supported by Simplex or Guardarian. The original terms of use are available at https://www.simplex.com and https://guardarian.com/.

    3. 4.3. Hardware Wallets

      Hardware wallet device for Guarda Web-based Wallet is supported by: Ledger. The original Terms of Use is located at https://www.ledger.com.

    4. 4.4. Cryptocurrency loans

      You may have access to cryptocurrency loan products which are provided by Coin Rabbit at https://coinrabbit.io/.

    5. 4.5. Cryptocurrency rates

      All cryptocurrency rates available in the Guarda Web, Mobile and Desktop Non-Custodial Wallet Applications are supported by CoinMarketCap and CryptoCompare. The original terms of use are available at https://coinmarketcap.com/ and https://www.cryptocompare.com/ respectively.

    6. 4.6. Cryptocurrency transaction information

      User’s balance and actual transaction history are supported by each cryptocurrency block explorer e.g. https://ethblockexplorer.org/, etc.

      Although the Guarda Non-Custodial Wallet Applications makes it easy to engage with the integrated third parties, the Company shall not be responsible for any consequences stemming from Your use of third-party integrated services. If You require assistance with a Third-Party Integration then You should contact Guarda.

    7. 4.7. Cryptocurrency staking

      Staking is the process of delegation funds to a node, which takes part in the governance of a Proof of Stake (PoS) blockchain network. In exchange for offering your assets to be used in ensuring functionality of the blockchain network, owners are to be rewarded with additional coins that are issued by the blockchain in question. List of all assets available for staking with the Company can be found here https://guarda.com/staking/

  5. 5. PRICE

    The Company has the right to adjust its rates.

    Due to the exchange rate difference, the difference in the time of the transaction, as well as other circumstances affecting the course, the amount of the real price may be different from the stated.

  6. 6. REFUNDS

    Company’s refund policy applies exclusively to funds received from customers for exchanges of virtual through our website.

    Please note that all exchanges made for fiat and cryptocurrency via the Company services are final. Payments for exchanges made on our website are non-refundable, irrevocable and cannot be changed after the transaction has been completed and cryptocurrency is sent to the wallet address specified by you, this is why it is important to confirm the correct wallet address at the time of transaction. Please note that only transactions which have not been successful can be refunded. Refunds will not be done for incomplete or incorrect data by you, data mismatch or other suspicious circumstances. In case of high risk transactions (Stolen funds, Terrorist Financing, Money laundering etc), we may freeze the funds or cryptocurrency for detailed investigation.

    For cryptocurrency to fiat transactions, refund will only be done to the wallet address provided in the ‘refund address’ field if there is a need for a refund. If you deliberately fail your transactions in a suspicious manner, we will freeze such funds.

    To request a refund, you should contact us with a request for a refund and indicate the transaction number for which a refund is required.

    Refunds are made by:

    • SEPA (bank transfer);
    • cryptocurrency.

    Please note that the refund enrollment to the customer’s bank account could take up to 10 business days, that depends on each bank’s internal policies and / or procedures, and which our company cannot influence in any way.

    The refund commission is for:

    • SEPA (bank transfer): 5 EUR or its equivalent in other fiat currency (plus bank fees);
    • Card Payment: 5 EUR or its equivalent in other fiat currency (plus bank fees);
    • Cryptocurrency (to crypto wallet): 5 EUR (plus miners fee)
  7. 7. RIGHT OF WITHDRAWAL

    You explicitly give up your 14-day right of withdrawal, from which consumers benefit in order to allow the Company to transfer virtual currency or any other cryptographic blockchain-based digital information units (as digital content not stored on a physical data carrier) before the right of withdrawal expires.

  8. 8. LIMITED RIGHT OF USE. INTELLECTUAL PROPERTY

    Unless otherwise specified, all materials on this Website are the property of the Company and are protected by copyright, trademark and other applicable laws. You may view, print and/or download a copy of the materials from this Website on any single computer solely for your personal, informational and/or non-commercial use, provided you comply with all copyright and other proprietary notices. The trademarks, service marks and logos of the Company and others used in this Website (“Trademarks”) are the property of the Company and their respective owners. The Trademarks and other materials should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated.

    When accessing the Service, You shall not: (i) negatively interfere with other customers; (ii) damage, disable or in any way disrupt the Website or the Services; (iii) conduct, pay for, support or in any way be involved in any illegal activities, including but not limited to money laundering, terrorist financing, fraud, illegal gambling, illegal weapons sale and drug trafficking; (iv) use any automated means or interface to access Services or to extract data; (v) use another customer’s account; (vi) provide false or misleading information to us.

  9. 9. RISK WARNING

    Trading and investing in virtual currencies involve substantial risk of loss and is not suitable for all types of investors. Please make sure you are investing mindfully after understanding the nature, complexity and risks inherent in the trading of virtual currency. You should not purchase virtual currency unless you understand the extent of your exposure to potential loss. Please make sure you are not risking funds you cannot afford to lose. In no event shall the Company be liable to any loss or damage of any kind incurred as a result of the use of this Website or the Services.

    Security risks could occur both from the Company and user side.To ensure control over security risks, the Company has implemented the best security practices aiming to decrease security risk level to the lowest possible level and is updating and monitoring them constantly. However, no one can be 100% safe from security risks, therefore, it is very important that not only the Company, but also the user acts with due care when it comes to preventing security incidents from taking place.

    To mitigate security risks, it is important to understand how they may occur and what may have an impact on their occurrence. Examples of the security risks are leak or theft, or loss of user’s identity information or Identifier, other fraudulent act enabling third parties to make abusive, fraudulent or unauthorized use of your account which in this case is phone number , for instance, placement of payment orders on behalf of you without your actual authorization. In addition, technical problems may occur in the your computer or the internet being used for Services or even in the network of mobile telephone operators which can prevent or suspend the use of the Services. All these actions can lead to losses for the user as well as be a part of other illegal actions, including money laundering / terrorist financing.

    You are responsible for preserving the device used to access our Services and for non-disclosing Identifiers to third parties. To receive Services in a compliant and safe manner, you undertake the following main responsibilities:

    (i)Not to leave devices and/or Identifiers accessible to third parties or allow third parties have access to these devices or identifiers;

    (ii)To ensure all measures ensure optimal security of your equipment being used to gain Services (for instance, to install antivirus software, anti-spyware, firewalls,etc.);

    (iii)Take all other measures and make actions that could be reasonably expected from you wishing to ensure safety of your credentials and identifiers and not to make your account or Services available to unauthorized third parties.

  10. 10. LIMITATION OF LIABILITIES. INDEMNITIES

    To the extent permitted by law, the Company shall not be liable for any damages, losses of profit, usage or data, loss of business, loss of business, failure to use the Services, customers misunderstanding of Services or any other loss originated from negligence or fraud or otherwise arising out of or connected to the Services or these Terms.

    You shall indemnify and hold harmless the Company, its affiliates, contractors, licensors and respective shareholders, members, directors, officers, employees, attorneys, agents and suppliers from any claim, damage, lawsuit, tort, cost or expenses.

    The Service is provided on an “as is” and “as available” basis without any warranty or representation expressed or implied. The Company does not make any representations or give warranties that the access to the Website, use of the Service, functionality of Account will be continuous, uninterrupted, timely or error-free.

    You understand and agree that the Company shall not be liable in connection with any force majeure event, including labour disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, software or smart contract bugs or weaknesses, earthquakes, storms, or other nature-related events, blockages, embargoes, riots, strikes, acts or orders of government authority, acts of terrorism or war, technological change, changes in interest rates or virtual currencies or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol.

    The Company’s liability to You shall not, under any circumstances, exceed the greater of:

    • the US dollar value of 0.005 BTC; or
    • USD 50.
  11. 11. DATA PROTECTION

    Privacy is very important to us. Full details of our Privacy Policy can be found at Privacy Policy. The Company recommends You to read the Privacy Policy carefully, so that You know the data that the Company collects, uses and who the Company shares your data with.

  12. 12. ANTI-MONEY LAUNDERING (AML). KNOW YOUR CUSTOMER (KYC) POLICIES

    In order to let You use the Services, the Company may identify and verify your identity. You might be required to provide the Company or third parties with all the necessary and requested information.

  13. 13. TAXES. COMPLIANCE WITH LOCAL REGULATIONS

    It is your responsibility to comply with local laws in respect to the legal usage of the Services and the regulatory qualification of virtual currencies in your jurisdiction.

    You are responsible for determining what taxes apply and in which measure to the authorised use of the Services. You should report and remit the correct taxes to the appropriate tax authority. The Company is not responsible for determining your tax obligations.

  14. 14. MISCELLANEOUS

    If the Company is unable to perform the Services outlined in the Terms due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy, the Company shall not be liable for the Services provided under these Terms during the time period coincident with the event.

    These Terms set forth the entire understanding between the Company and You with respect to the Service. You agree to rely only on the Terms alone. These Terms supersede any previous statements made by the Company.

    If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

    No failure of the Company to exercise any right, power or privilege under these Terms is deemed to be a waiver thereof, nor any partial exercise of a right, power or privilege should preclude the exercise of the entire or other right, power or privilege.

    You may not assign any of the rights conferred to You under these Terms without prior written consent from the Company. The Company may assign any right or obligation under these Terms without any notice to or consent from You.

    These Terms are provided in English. Any translation has the sole purpose of being convenient for You. In case of any inconsistency, contradiction or doubt, the English version of these Terms shall prevail.

  15. 15. JURISDICTION

    The Terms shall be governed and construed in accordance with the law of Portugal. You hereto agree to irrevocably submit to the exclusive jurisdiction of the courts of Portugal.

  16. 16. TERMINATION AND SUSPENSION

    You may terminate the agreement with the Company at any time on the basis provided by law.

    You agree that the Company may terminate the agreement with You and suspend or cancel your Account in case of, but not limited to, (i) non-conformity to the requirements from these Terms, (ii) a requirement from any applicable law to which the Company is subject in any jurisdiction, (iii) an order from a court or other governmental authority (iv) unusual, unauthorised or fraudulent activity in your Account (v) false, misleading, inaccurate, incomplete or outdated information (vi) any other reasons that the Company deems relevant for termination of the Terms between You and the Company and suspension or cancelation of your Account.

    The Company shall have the right to file claims against You or your legal representative for compensation. Upon termination, suspension or cancellation on the basis of the previous clauses, You will be denied access to the Services temporary or permanently.

  17. 17. CONTACT

    If You have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of the Website and the Service, your Account or any other matter, please contact [email protected].

    For partnership inquiries please contact us through https://guarda.com/contacts/.

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