TERMS & CONDITIONS

Smpl Global Limited, legal entity, duly incorporated in Seychelles under the company number 239007, having its registered office at House of Francis, Room 303, Ile Du Port, Mahe, Seychelles, together with its affiliated companies (hereinafter collectively referred to as “Smpl”, “we” and/or “us”) hereby determines the following Terms & Conditions (hereinafter referred to as “T&C”) of using the Services, available at the our website (hereinafter referred to as the “Website”) and/or its mobile app.

This document constitutes the legal binding agreement between Smpl and users of Smpl’s Services (hereinafter referred to as “you”). Please, read these T&C, as well as other legal documents of Smpl, carefully and either contact us or an independent consultant in order to clarify the doubtful provision thereof.

If you do not agree with these T&C, you may not access or use the Website and/or the mobile app or any Services thereupon. All information and Services provided by Smpl are rendered on a strictly "as-is" basis without any warranty whatsoever.

These T&C supersede all prior versions and amendments thereto and are effective and applicable to you either from the date, stipulated below, or the date you established the business relations with us, whichever the date is posterior.

Smpl may amend the context of these T&C and reserves the right to do so in its sole discretion. All new and/or revised provisions of the T&C shall take effect immediately and apply to your use of the Website, mobile app, the Account and the Services from that date stated thereupon. Please, check these T&C regularly to be aware of all current provisions thereof. In addition, we may notify you about significant changes in these T&C. This can be done by posting a notification on the Website and/or mobile app or sending you an e-mail to the main address saved on your Account (if appropriate).

Smpl offers its Services only for the users, who reached the legal age in its domicile country. By establishing business relations with us, you hereby affirm your full legal capacity and free will to use Smpl Services. You also consent to all the risks and responsibilities (including, but not limited to the risk of monetary loss) that are relevant to you while using the Services.

These T&C, including our Privacy Policy, any and all notices, notifications, policies, warnings and disclaimers constitute the entire agreement between you and Smpl.

1. DEFINITIONS

1.1. For the purposes of this document, the terms below have the following meanings:

“Account” means a personal account aimed at the usage of Smpl’s Services, opened by you either at the Website or via the mobile app.

“Applicable legislation” means the valid legislation of Seychelles.

“Business relationship” means a business, professional or commercial relationship between Smpl and you upon your registration of the Account.

“Custodian Wallet” means Virtual Currency wallet, which securely stores private encryption keys and ensures the safety of the Funds therein, while you retain the ability to initiate and confirm the Funds Transactions.

“Deposit” means a Transaction, which involves the transfer of Funds to your Account from external wallets and/or your banking accounts.

“Exchange” means an exchange Transaction of a Virtual Currency to another Virtual Currency conducted through the Account.

“Exchange Rate” means a correlation of value between assets in trading pairs, based on assets' demand, supply, value, utility, and other economic variables.

“Fee” means the commission or other costs, charged either by Smpl or by any third party for the use of Services.

“Funds” means Virtual Currency units.

“Governmental authority” means any governmental, inter-governmental body, agency, department or regulatory, self-regulatory or other authority or organization anywhere in the world with competent jurisdiction.

“Platform” means an environment, that consists of a Website, mobile app and/or products from any other third party that allows Smpl to render its Services to you.

“Third-party” means any independent contractor, engaged by Smpl to provide some scope of Services to you.

“Transaction” means any transfer of Funds done from or to your Account.

“Virtual Currency” means digital assets with a certain value, based on blockchain and/or cryptography technologies that are issued and managed in a decentralized form.

“Withdrawal” means a Transaction, which involves the transfer of Funds from your Account to external wallets and/or your banking accounts.

1.2. Where the context so admits words denoting the singular shall include the plural and vice versa.

2. THE SCOPE OF SERVICES

2.1. Smpl provides you with the following scope of Services:

Exchange of one Virtual Currency unit into another Virtual Currency unit;
Virtual Currency Custodian Wallet services.

2.2. By providing a Service of exchanging Virtual Currency units for units of another Virtual Currency and vice versa, Smpl uses then-prevailing spot market exchange rate for the given trading pair. You further acknowledge and agree that the prices displayed on our Platform are based upon market data, aggregated from various sources, and therefore may not match prices that you see elsewhere (including prices quoted on other exchanges, conversion services and other similar service providers).

2.3. By providing a Virtual Currency Сustodian Wallet service, we hereby provide you with a digitally secured wallet for Virtual Currencies, aimed to exchange, store, and withdraw Virtual Currencies.

2.4. Considering the nature of Virtual Currency Сustodian Wallet addresses, the possibility to refund, re-enter or change a wallet address is absent. You are obliged to understand this and agree to the terms prior to initiating any Transactions.

2.5. Smpl only offers Services regarding Virtual Currencies that are supported by our Platform. It is your responsibility to check the Website and/or mobile app regularly to be aware of the full list of supported Virtual Currencies by us. You should not attempt to use your Account to deposit Virtual Currencies the Platform does not support, in any such case, Smpl shall hold no responsibility regarding such a Transaction.

2.6. Please, be kindly note that there may be some delays in Services due to circumstances, including, but not limited to technical difficulties, reasonable doubts about the nature or source of funds, deposited on the Platform.

3. Smpl’S RIGHTS, OBLIGATIONS AND LIABILITIES

3.1. Smpl undertakes to provide the Services with the utmost effort, due care and in accordance with these T&C and the Applicable Legislation.

3.2. Smpl is entitled to suspend any of your Transaction and block Virtual Currency Transactions to another Custodian Wallet, in case of non-fulfilment and/or unproper fulfilment of these T&C by you.

3.3. Smpl’s responsibility shall be limited strictly to using reasonable technical efforts to ensure the receipt of the Virtual Currency units transferred, namely, to ensure the transfer of the necessary technical data to the Virtual Currency network.

3.4. To the extent permitted by law, Smpl is not responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, or indirect or consequential loss unless the loss suffered is caused by a breach of these T&C by us.

3.5. We are not responsible for any delays in the processing of payments due to the fault of any third party, e.g., operators of such transactions (banks, other financial institutions, payment acquires, etc.).

3.6. In the case of fraud or other illegal activity, Smpl undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant Governmental authority, responsible for dealing with fraud and breaches of the law. You hereby recognize and confirm that your Account, or Transaction may be frozen at any time at the request of any competent Governmental authority investigating fraud or any other illegal activity.

3.7. For non-performance or improper execution of our obligations under these T&C, Smpl shall be liable as determined herein and in accordance with Applicable Legislation, unless otherwise provided below.

3.8. In no event shall Smpl, its officers, directors, employees, agents, or third-party service providers be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from:

the accuracy, completeness, or content of any websites linked (through hyperlinks, banner advertising or otherwise) to the Platform;
the Services found at the Website and/or its mobile app or any websites linked (through hyperlinks, banner advertising or otherwise) to the Platform;
third-party conduct of any nature whatsoever;
any interruption or cessation of Services to or from the Website and/or mobile app or any websites linked (through hyperlinks, banner advertising or otherwise) to the Platform;
any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from the Website and/or mobile app or any websites linked (through hyperlinks, banner advertising or otherwise) to the Platform;
losing access and/or unauthorized access to your Account;
any errors or malfunctions caused by or otherwise related to any wallets and/or banking accounts used to deposit and withdraw Virtual currencies;
malfunctions, breakdowns and abandonment of blockchain protocols;
changes in regulatory approaches or legal actions taken regarding blockchain technology and Virtual Currency;
taxation and/or changes in the tax system regarding Virtual Currencies;
advancements in cryptography, any technical advancements that may present risks to blockchain protocols;
other risks associated with purchasing and holding Virtual Currencies, and using the Website and Services.

3.9. Smpl shall not be liable for any events that may include but are not limited to civil, criminal, and administrative actions that may arise from you using blockchain and Virtual Currency if such use is forbidden or otherwise limited in your domicile country.

3.10. Smpl, its officers, directors, employees, and agents do not provide investment advice, financial advice, trading advice, legal advice or any other sort of advice.

3.11. Nothing in these T&C excludes or limits the responsibility of Smpl for fraud, death or personal injury caused by their negligence, breach thereof, implied by operation of the Applicable Legislation or any other liability which may not be limited or excluded by the Applicable Legislation.

4. YOUR RIGHTS, OBLIGATIONS AND LIABILITIES

4.1. You are entitled to obtain Services via our Platform upon establishing a business relationship with Smpl.

4.2. You hereby undertake to comply with the requirements, set in the Applicable Legislation as well as the other regulations, related to the use of the Services.

4.3. You are restricted to have more than 1 (one) Account within the Platform. It is your sole responsibility to protect the confidentiality of your Account (not to give any third party your login, password, etc.) as well as your Transactional history.

4.4. You hereby represent and warrant that Virtual Currency units used for the exchange into the Virtual Currency unit belong to you and are derived from legal sources that may be confirmed upon the request of Smpl at any time.

4.5. You represent and warrant that all your Transactions shall not violate the rights of any third party and/or the Applicable Legislation.

4.6. All payments used during the Transactions with Virtual Currencies, may it be a banking account, credit debit and/or prepaid card or others must be strictly under your name. Any attempt otherwise shall be considered as fraud and Smpl may conduct additional checks as has been stipulated in detail herein.

4.7. You are obliged to monitor all and any changes in the Transaction flow, including, but not limited to, the provision of additional information and documents related to the named Transaction.

4.8. You should immediately (i.e. right after the moment of discovery) inform Smpl about any unusual, suspicious, unclear or abnormal changes related either to the Transaction and/or Account via Customer support. In case of your failure to inform Smpl thereupon you shall be liable for the breach of these T&C and we are entitled to take any further steps, accordingly, including, but not limited, to the report to the Governmental authority.

4.9. You undertake not to use the Services to perform criminal activity of any sort, including, but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or hacking.

4.10. You undertake to provide all necessary documentation immediately upon Smpl’s request due to additional checks in case of suspicion of potential fraud or other illegal activity, conducted from your Account, or in order to comply with the internal policies of Smpl and the Applicable Legislation.

4.11. To the extent permitted by the Applicable Legislation, you hereby agree to defend, indemnify, and hold harmless Smpl from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:

your use of and access to the Website and/or mobile app and Services;
your violation of any provisions of these T&C;
your violation of the Applicable Legislation, including any law, rule, or regulation, or the rights of any third party.

4.12. For non-performance or improper execution of your obligations under these T&C, you shall be liable as set in herein and in accordance with Applicable Legislation, unless otherwise provided below.

4.13. Nothing in the T&C excludes or limits your liability for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of the Applicable Legislation or any other liability which may not be limited or excluded by the Applicable Legislation.

5. YOUR ACCOUNT: REGISTRATION, VERIFICATION AND CLOSURE

5.1. While you establish a business relationship with Smpl by registration either at the Website or within the mobile app, you hereby warrant and confirm that any and all information, submitted by you to us is accurate, valid, up-to-date, and complete. Should there be any error, mistake, update, or change in information or documents you have submitted prior, you are obliged to notify Smpl immediately.

5.2. You must not create an Account on behalf of an entity unless you are legally authorized to do so. In such a case, Smpl is entitled to request additional documents that confirm your authorization to do so.

5.3. You must not create an Account on behalf of another individual. By agreeing to these T&C you also confirm that you are acting on your own behalf.

5.4. In order to receive access to the Services, provided on the Website and/or mobile app, you are obliged to provide certain information and documents and undergo a verification procedure.

5.5. Smpl may at any time request you to provide additional documents and information and/or updated documents and/or information and documents submitted before and reserves the right to do so at its sole discretion. Failure to abide by these requirements may result in temporary or permanent cessation of Services provision and/or Account suspension.

5.6. You acknowledge and hereby confirm that Smpl may verify your identity directly or indirectly (through engaged third parties), and make any inquiries as considered necessary to check the relevance and accuracy of the information provided for verification purposes.

5.7. Information and documents, submitted by you to Smpl are processed according to provisions of our Privacy Policy.

5.8. You are entitled to close your Account at any time at your sole discretion. Before closing your Account, all your assets are to be withdrawn and/or transferred from your Account.

5.9. Smpl hereby reserves its right to temporarily and/or permanently suspend your Account immediately without providing notice or reason in the following cases:

we reasonably believe your Account has been compromised, as well as due to any other security reasons;
we reasonably believe your Account is being used by a person with no right and/or authorization to do so;
you failure to comply with these T&C, as well as with any other legal document that construes a part of these T&C;
you have provided us with any false, incomplete, misleading, or inaccurate information;
we reasonably suspect you of fraud, illegal activity and/or violation of the Applicable Legislation;
other reasons that constitute a violation of these T&C and the Applicable Legislation.

5.10. Smpl may, but is not obliged to, notify you about the reasons for your Account suspension. Assets from your Account shall be withdrawn to external wallets or your banking accounts, information about which you are to provide to our Customer support.

5.11. Smpl also reserves the right to cancel unconfirmed Accounts.

5.12. In the event of Account closing or suspension, you will still be liable for all applicable Fees, owned to Smpl.

5.13. Smpl shall not be liable for any losses suffered due to your Account closure or suspension.

5.14. In the event that you want to stop using the Platform, you can cancel your Account if you are in good standing and compliant with these T&C and other policies. All Funds must be withdrawn prior to the definitive closing of your Account. To cancel, simply withdraw all Funds in your Account and visit our cancellation page. We will decide whether to cancel or suspend any pending transactions and we will need to hold Funds until any applicable reversal windows are complete and all your obligations to us are satisfied. Please contact our support team at [email protected] if you are not able to cancel your account. In some cases, we may terminate, suspend or otherwise restrict your Account and use of the Platform if we suspect your Account is connected to any prohibited use or prohibited business, for suspected violation of these T&C or any applicable agreements or policies, where required by applicable law, or to otherwise prevent potential loss.

6. DEPOSITS AND WITHDRAWALS

6.1. Deposit is executed when the corresponding amount of Funds is credited to your Account on the Platform.

6.2. You hereby acknowledge that whether either the Deposit or Withdrawal is carried out, the amount thereof that is being transferred may not be fully available on your Account until a relevant number of confirmations is received.

To withdraw Funds from your Account, you must fill out the corresponding form therein and stipulate the external wallet or your banking account for Withdrawal.

6.3. You can withdraw Funds from your Account at any time at your sole discretion subject to the Transaction limits and temporary or permanent restrictions, imposed thereto by Smpl, under the Applicable Legislation and/or by any Governmental authority.

6.4. You are entitled to withdraw any amount of Funds from your Account, providing, however, the remaining units thereto are sufficient to cover the applicable Fees.

6.5. Each Deposit and Withdrawal of Virtual Currency may be subject to a mining fee charged by the respective blockchain network. When sending your Transaction to the blockchain, Smpl shall try to keep the balance between reasonable Fees and speed of processing, however, we reserve the right to determine the exact amount of mining fee to be set at our sole discretion. You can check the exact amount of mining fee charged for the specific transaction by checking the respective blockchain explorer (e.g. https://www.blockchain.com/explorer for BTC and BCH, https://etherscan.io/ for ETH, etc.).

6.6. Smpl shall not be liable for the Transactions of your Virtual Currency. You are solely liable for the accuracy of information, required for carrying out a Virtual Currency Transaction (i.e. addresses, tags and any other required credentials). Smpl strongly recommends you to always double-check the accuracy of information provided for Transaction purposes before submitting it.

6.7. You shall always keep in mind that blockchain transactions are irreversible, and therefore, once the Transaction has been sent to the blockchain network upon your request (in case of Withdrawals), we cannot reverse it at all.

6.8. Each Deposit and/or Withdrawal of Virtual Currency units may be subject to the fee charged by the respective banks, other financial institutions, payment acquires, etc.

6.9. All Deposits and Withdrawals may be subject to limits, that may be either examined at your Account or checked with our Customer support.

6.10. Smpl shall also have the right to limit and/or restrict Deposits and Withdrawal of Funds from/to certain regions and jurisdictions, as it may be necessary under the requirements, stipulated either by the Applicable Legislation and/or obtained from electronic money institutions, payment service providers, banks, etc.

6.11. To be eligible to use Services rendered by Smpl, the user is obligated to complete an initial verification procedure or identity verification procedure.

6.12. There is no limit regarding the trading activities and Withdrawals of Funds, but there are card deposit, card transaction limits. To see the actual limits, please follow this link.

6.13. Smpl does not indicate and does not require a minimum or maximum Transaction amount to accept a valid and properly presented credit, debit and/or prepaid card.

7. TRANSACTIONS AND FEES

7.1. You may solely use the Platform in order to conduct Transactions that correspond with the scope of the Services, rendered by Smpl. Smpl does not accept orders or requests on carrying out any Transactions with your Account from any third party, except whether otherwise is stipulated herein.

7.2. You should always check the payment order, before its submission, thus, it is your sole responsibility to monitor the risks related thereto and accept all the consequences of its execution. You hereby accept that when the payment order is executed, such a Transaction is irreversible and may not be cancelled. Transactions shall be executed instantly and will be considered to have taken place at the execution date and time unless delays occur.

7.3. Once your payment order has been completed, it cannot be cancelled or reversed. Exchanges are final and no refunds are applicable to them.

7.4. You acknowledge and agree that the Transaction may be delayed due to verification and other checks.

7.5. In case whether you discover any doubtful Transaction activity via your Account, you shall immediately notify Smpl thereto via Customer support and follow the instructions sent by us. Otherwise, Smpl reserves the right to freeze your Funds until the end of an investigation.

7.6. You hereby accept that Smpl may be forced to cancel or recall an already executed Transaction at the request of Governmental authorities, and financial institutions, including, but not limited to, banks, which are involved in the settlement of such Transactions. In any such case you are obligated to provide all necessary data related thereto and cooperate with Smpl in order to resolve such an issue.

7.7. You hereby accept that Transaction Fees shall be determined by the sole discretion of Smpl and are applicable for each Transaction. The applicable Fees for any Transaction shall be displayed to you before the execution of a Transaction.

7.8. Smpl may change the Fees at any time, including adding new Fees for additional Services and reserves the right to do so at its sole discretion. Any changes to the Fees will be disclosed to you by Smpl. This can be done by posting a notification on the Website and/or mobile app or sending you an e-mail (if appropriate).

7.9. Smpl bears no responsibility for the extra costs, imposed by any third party, including, but not limited to any exchange rates, processing fees and any other fees.

7.10. Smpl shall keep the record of all your Transactions within the timeframe of the business relations between you and us and at least 8 (eight) years upon its termination, irrespective of the nature of such termination.

7.11. Smpl expects the User to contact via email: [email protected] to resolve any problem or issue related to his/her payments before the User makes any Chargeback request. This Section does not affect any rights and/or claims, which the User may have against the bank/financial institution.

7.12. Smpl will investigate any Chargeback requests made by the User and reserves the right to suspend User’s account and lock User’s Funds during the chargeback investigation procedure.

7.13. Your use of the debit card funding method must comply with any instructions presented to you on the Smpl.app. Your debit card payments may be delayed, or rejected. Delay may occur from, among other things, payment processing timing issues; your debit card company, a third party processor or Smpl may reject your debit card payment. It is your responsibility to monitor your Account in respect of debit card funding.

7.14. Smpl will not be liable to you for any losses, fees or charges in connection with use of the dredit card funding method. Funding by card is, in addition to the terms set forth herein, subject to any applicable terms set forth in your card agreement, which may include fees charged by your credit card in conjunction with such funding.

8. CRYPTO JAR

8.1. General Provisions

8.1.1. Crypto Jar is a service offered by Smpl that enables Users to open Crypto Jars in virtual currency for various purposes.

8.2. Opening a Crypto Jar

8.2.1. To open a Crypto Jar, the User must provide information detailing the purpose for which the collected funds will be collected. Such purpose must be lawful and comply with all applicable laws and regulations.

8.2.2. There is no minimum amount required to open a Crypto Jar. The maximum amount that may be collected through a Crypto Jar is €15,000 or equivalent in virtual currency.

8.2.3. Donations may be accepted exclusively in USDT.

8.2.4. Users may create up to 20 Crypto Jars simultaneously.

8.2.5. Users are authorized to assign a name to the Crypto Jar, specify its purpose (goal), set the start and end dates for the collection period, and determine the total collection amount.

8.3. Managing the Crypto Jar

8.3.1. The User may close the Crypto Jar at any time. Upon closure, all collected funds will be automatically transferred to the User, except as required by law or these T&C.

8.3.2. Funds collected through the Crypto Jar may be withdrawn by the User in accordance with procedures established by Smpl. Withdrawals may be subject to limitations or additional verification requirements based on applicable laws and Smpl's internal policies.

8.3.3. In the event of the closure of the Crypto Jar, You will remain liable for all applicable fees owed to Smpl. Smpl reserves the right to impose a closure fee in connection with the Crypto Jar's closure. Smpl will determine the amount of this fee at its discretion and will communicate it to the User before finalizing the closure of the Crypto Jar.

8.4. Rules and Restrictions

8.4.1. The User agrees to open the Crypto Jar solely for lawful purposes and in accordance with applicable laws. The use of the Crypto Jar for activities related to fraud, illegal conduct, or violations of third-party rights is prohibited.

8.4.2. Smpl reserves the right to monitor and regulate the use of the Crypto Jar and to take appropriate action in the event of any breach of these T&C or applicable laws.

8.4.3. The User assumes full responsibility for ensuring compliance with all applicable laws and regulations pertaining to the use of the Crypto Jar. Smpl shall not be liable for any losses or claims arising from the user’s violation of these T&C or applicable laws.

8.5. Changes and Termination of Service

8.5.1. Smpl reserves the right to amend these T&C for the Crypto Jar at any time. Users will be notified of any changes through the website or other accessible means.

8.5.2. Smpl may suspend or terminate the Crypto Jar service at its sole discretion.

9. PROHIBITED USE, RESTRICTIONS

9.1. In connection with your use of the Services, you agree you will not engage in the following Prohibited Uses. This list is non-exhaustive, and We reserve the right to modify it at any time. It is within Our sole discretion to determine whether an activity falls into one of these categories. If you are uncertain whether your use of the Services involves a Prohibited Use or have questions about how these requirements apply to you, please contact Us at [email protected]

9.2. Unlawful Activity: Actions which violate, or would assist in violation of, any law, statute, ordinance, or regulation, applicable sanctions programs including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC") or which would involve proceeds of any unlawful activity; an activity which would publish, distribute or disseminate any unlawful material or information.

9.3. Abusive Activity: Actions which impose an unreasonable or disproportionately large load on Our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to Our computer systems, networks or sites that contain viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to Our computer systems, networks or sites or Our other Users’ Accounts, computer systems or networks connected to us, through any other means; interfere with another individual's or entity's access to or use of the Services; use information of another party to access or use Our computer systems, networks or sites, except in the case of specific Users which are specifically authorized by a User to access such user's account and information; transfer your Account access or rights to your Account to a third party, unless by operation of law or with the express written permission of Smpl; or harvest or otherwise collect information from Our computer systems, networks or sites about others, including without limitation email addresses, without proper consent.

9.4. Abusive Actions Against Others: Actions which defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hateful or violent acts against others.

9.5. Fraud: Actions which operate to defraud Us, Our users, or any other person; provide any false, inaccurate, or misleading information to Us.

9.6. In addition to the Prohibited Uses, the following categories of businesses, business practices, and items for sale are prohibited from the Services. This list is non-exhaustive, and We reserve the right to modify it at any time. It is within Our sole discretion to determine whether an activity falls into a Prohibited Business category:

Drugs and drug paraphernalia (e.g., narcotics, controlled substances, and any equipment designed for making or using drugs);
Marijuana/cannabis dispensaries and related products and businesses;
Weapons, munitions, gunpowder and other explosives (including fireworks);
Toxic, flammable, and radioactive materials;
Pseudo-pharmaceuticals;
Substances designed to mimic illegal drugs;
Sexually explicit content;
Sexually-related services;
Pyramid and investment schemes, multi-level marketing schemes, and other unfair, predatory or deceptive practices;
Items used for speculation or hedging purposes (such as derivatives);
Credit and collection services;
Items that infringe or violate any intellectual property rights such as copyrights, trademarks, trade secrets, or patents, including counterfeit or unauthorized goods;
Products and services with varying legal status from state to state;
Transactions that disclose the personal information of third parties in violation of applicable law; and
Transactions related to cloud-mining.

9.7. You shall not:

conduct or engage in any illegal or unlawful activity; use any Product, Software or Service in any illegal manner or for any illegal purpose, including without limitation any crime (including fraud, other illegal activities);
reproduce, duplicate, copy, disclose, distribute, sell, resell, sublicense, assign, transfer, give away, loan, lend, lease, publish, pledge or create a security interest in the Software or Services or provide or make available any functionality, User interfaces of the Website or Services, use or benefit of the Software or Services as an application service provider, a hosted service, a computer or processing service business, a service bureau, an outsourced facility or service or on time-sharing or similar basis or otherwise on behalf or for the benefit of any third party, including without limitation using the Software or Services to manage, administer or otherwise process Transactions or data of or for any third party;
use any Product, Software or Service in a manner or for a purpose that infringes upon the lawful rights of others or contravenes any applicable laws (including, but not limited to any Anti-money Laundering and Counter the Financing of Terrorism legislation, as well as Tax, Intellectual Property or Data Protection laws);
use Products, Software or Services in any manner that could damage, disable, overburden or impair the Services, or otherwise in an abusive or excessive manner, as We determine in Our sole discretion;
copy, frame or mirror any part of the Software, Products, Services or Our Website, including, but not limited to – for personal non-commercial purposes;
alter, manipulate or obscure the display or presentation of the Services or the Website to you or to any third party in whole or in part, using means other than as facilitated through the Services itself, including without limitation through the use of overlays, filters or spawning of separate windows;
interfere with the security or integrity of, or otherwise abuse, the Products, Software or Services or any system resources, accounts, servers or networks connected to or accessible through the Service;
obtain or use another person’s Credentials or Services, systems or information or create or use a false identity, impersonate any person or otherwise misrepresent your identity;
attempt, or cause, permit or encourage any other person, to do any of the foregoing; or
to conduct or engage in activity in a way that We reasonably believe might harm Our ability to provide Our Services;
to engage in any other use or activity that breaches these Terms or is not in conformity with sustainable activities of Smpl, ensuring human rights, transparency, gender equality, moral and ethics, or other activity deemed unacceptable by the Smpl.

9.8. Notwithstanding the foregoing, you may seek support with security and other vulnerabilities check by applying to Our Support Team, provided you do so in a reasonable and responsible manner in compliance with Our responsible disclosure policy and otherwise use good faith efforts to minimize or avoid contravention of any of the foregoing.

10. INTELLECTUAL PROPERTY RIGHTS

10.1. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials (hereinafter collectively referred to as the “Content”), used on the Website and/or mobile app shall at all times belong to Smpl.

10.2. All Content is the sole property of Smpl and its respective owners and shall be protected by copyright, patent, trademark, Intellectual Property rights and any other protection measures, as may be stipulated in the Applicable Legislation unless otherwise specified hereby.

10.3. You are not allowed to copy, reproduce, modify, republish, upload, post, transmit, scrape, collect and/or distribute in any other form or by any means, irrespective of its nature, any part of the Content, unless otherwise is agreed separately by Smpl. The use of any Content for any other purpose, except for the usage of Services, is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark, Intellectual Property rights and any other protection measures, as may be stipulated in the Applicable Legislation, that could result in criminal or civil penalties for you.

10.4. In case you become acknowledge upon any breach of our Intellectual Property rights from any third party, please, immediately notify us via Customer support with all the data in your possession.

11. CONFIDENTIALITY

11.1. Smpl precisely treats the confidential status of Personal data, provided by you, and shall make its best efforts to process it strictly for the purposes of the Services provision. Additional information thereupon may be found in our Privacy policy.

11.2. Smpl may be obliged to disclose your Personal Data to the Governmental authorities, law enforcement authorities, data protection authorities, financial regulators, financial service providers and officials, and other authorized persons, as set forth in the Privacy Policy.

12. APPLICABLE LEGISLATION AND DISPUTE RESOLUTION

12.1. These T&C as well as other legal documents are governed by the valid legislation of Seychelles.

12.2. You and Smpl shall endeavour to resolve any outstanding matter through negotiations.

12.3. In a case where the Parties fail to reach an agreement on the above-mentioned matter within 30 (thirty) calendar days, the dispute shall be submitted to the competent court of relevant jurisdiction under the Applicable Legislation.

13. MISCELLANEOUS

13.1. In case of any circumstances of insuperable force (i.e. events of extraordinary or insuperable nature) (hereinafter referred to as the “Force Majeure”) that have occurred and remain in effect beyond control of any Party and that an affected Party could neither foresee nor prevent for objective reasons, if the Force Majeure prevents an affected Party from proper execution of its obligations hereunder, the term for execution of such obligations hereunder shall be extended for the period of Force Majeure. Force Majeure shall include, but is not limited to, wars and other military operations, earthquakes, floods, and other natural disasters, pandemics, adoption of laws and regulations by state and local authorities, failure of power supply or communication system or other similar circumstances that prevent the Parties from the proper execution of their obligations hereunder.

13.2. These T&C shall remain in force until terminated either by you or by us. Smpl is entitled to terminate these T&C at any time at its own discretion without explaining the reasons thereof.

13.3. If there is any uncovered question by these T&C, it shall be resolved under the Applicable Legislation.

13.4. In the event the Website and/or mobile app is available in multiple languages, the English version of the T&C shall prevail.

13.5. Should you have any comments, questions, or complaints, do not hesitate to contact our Customer support.

14. CURRENCY

14.1. Your Account may comprise of different currencies. These will be subject to the following conditions: Smpl may accept payments into the account in different currencies and any payments due to or from us and any net balances on the account shall be reported by us in the respective currency;
14.2. The account is maintained in Virtual currency, any other currency will be converted at the Exchange rate existing at the point of conversion.

Last update of these T&C: 16.09.2024.