- Terms of service
Terms of service
These Terms of Service (‘Terms’, ‘Agreement’) constitute an agreement that fully describes the relationship between you (‘You’ ‘Your’ or ‘User’ in this agreement) and OWNR WALLET OŰ (‘OWNR’, ‘We’, ‘Us’ or ‘Our’ in this Agreement), registered at Harju maakond, Tallinn, Lasnamäe linnaosa, Punane tn 6-219, 13619, Estonia on 31.08.2018 (registration number 14555701).
WE ADVISE YOU TO READ THE FOLLOWING TERMS OF SERVICES BEFORE USING OUR SERVICES. BY ENTERING ONTO THE WEBSITE AND/OR SOFTWARE AND/OR CREATING AN ACCOUNT AND USING OUR SERVICES YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE. IN CASE YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT ACCESS THIS WEBSITE, SOFTWARE AND DO NOT USE OUR SERVICES. SERVICES OF OWNR ARE INTENDED AND ARE TO BE USED SOLELY BY THE USERS, NATURAL OR LEGAL PERSONS, WHO ARE RESIDENTS IN THE COUNTRY WHERE TRADING DIGITAL ASSETS IS LEGAL AND NOT PROHIBITED OR RESTRICTED. BY ACCESSING OR USING OWNR, YOU ALSO REPRESENT THAT: YOU WILL ONLY BE TRANSACTING ON THE WEBSITE AND/OR SOFTWARE WITH LEGALLY-OBTAINED FUNDS THAT BELONG TO YOU; YOU WILL NOT BE FURTHERING, PERFORMING, UNDERTAKING OR ENGAGING IN ANY UNLAWFUL ACTIVITY THROUGH YOUR RELATIONSHIP WITH US OR THROUGH YOUR USE OF THE WEBSITE AND/OR SOFTWARE; AND YOU WILL BE COMPLYING WITH AND OBEYING ALL APPLICABLE LAWS.
* politically exposed persons;* residents of high risk third countries.
Due to some technical peculiarities, purchasing cryptocurrencies with fiat currencies is currently allowed to residents of certain countries only. The list of countries allowed can be found here. It is your responsibility to ensure your country of residence is in the list. Otherwise the purchase order will be declined.
These Terms apply solely for the Services specified in these Terms and do not govern any other legal relations between User and OWNR. We have the right to make amendments to these Terms at our own discretion at any reasonable rate of frequency by posting the amended Terms on our Website and/or Software. When amending, OWNR shall replace the old by the new version of the Terms in the public source on the Website. The User undertakes at own risk to visit on a regular basis the page of the Website and/or Software, where the Terms are laid down and familiarize themselves with their text for changes.
Risks of Trading Virtual Assets
Any kind of trading of digital assets and currencies involves significant risk. The value of digital assets/currencies has high volatility (value can increase and decrease significantly in a very short period of time and at any given moment). Such price fluctuations bring uncertainty. The value of a virtual currency and collapse in demand may be influenced by many factors, including loss of confidence in the currency, changes in software development, government decisions, creation of a competitive currency, technical problems, political or non-political statements, statements of influencers and news and hacker-attacks. Your digital assets may be lost by losing your password, private key or other security code. There are also other potential risks that may not be foreseen in these Terms. Digital currencies have special risks that are not generally shared with the official currencies because they are not issued by governments, or with commodities or goods that are tangible or registered in the official registry. Virtual currencies are intangible, decentralized, digital assets, backed by technology and trust. No central bank or other institution can take any measures to protect the value of virtual currency. Virtual currencies are an autonomous and largely unregulated system of firms and individuals issuing currencies. Be careful to keep your private keys, passwords, security codes, words and other means of authentication for yourself and update them on a regular basis. OWNR shall not ask you for any password, private key, seed phrase, pass phrase, nor shall we ask Users to transmit any funds, Bitcoins or other virtual currency to our Bitcoin address, Ethereum address or other addresses. Please do not trust any discount or promotion related information which is not specified on the Website or other official sources of OWNR. Take care of always accessing OWNR Website and make sure you access the Website using SSL (https). In case of uncertainty or a suspicious link is given on forums or received by a suspicious User or Website, please contact our support immediately and do not transfer any fiat or virtual money to such suspicious links.
OWNR is a multi-asset cryptocurrency wallet, the basic functionality of which includes storing, sending and receiving digital assets, exchanging digital assets to other digital assets, and exchanging fiat currency to digital assets (“Services”). OWNR consists of mobile and desktop applications (“Software”) and the Website ownrwallet.com with all the subdomains and materials contained there (collectively “Website”).
By downloading our Software, you agree with these Terms and acknowledge the risks which may be connected with the use of cryptocurrencies. Please ensure you are fully aware of the peculiarities of a particular digital asset you are going to purchase, store or exchange using OWNR Services. Please note all sales and transactions after the OWNR exchange are final and and cannot be reversed. Once your transaction request has been executed, you may not change, withdraw or cancel your authorization.
OWNR enables you to create one or more digital non-custodial, cryptocurrency wallets for certain supported cryptocurrencies and digital assets (“Wallet”) that allow you to store, send, request and receive supported cryptocurrencies and digital assets. The Wallet is not and shall not be deemed as an account where OWNR or other third parties serve as custodians of your digital assets. By accessing and/or using the Services, You acknowledge and agree that OWNR cannot guarantee the confirmation of any transaction on any blockchain network. OWNR has no control over any blockchain network. OWNR provides you with the means to secure your Wallet and help ensure you, and only you, are able to access and transact through Your Wallet, including personal identification numbers (PINs), touch ID, face ID, seed phrase, pass phrase, private key pairs and other means of authentication. OWNR does not store or have access to Your PINs, touch IDs, face IDs, seed phrases, pass phrases or private key pairs. You shall be solely responsible for safekeeping your PINs, touch IDs, face IDs, seed phrases, pass phrases or private key pairs, and any other means of authentication You use to access your Wallet. If You lose such means of authentication, OWNR has no way to recover them for you. As a consequence of such loss, you may permanently lose access to any cryptocurrencies or digital assets you have stored in your Wallet. PRIVATE KEYS Your private keys, seed phrases, pass phrases constitute your private information. In case you lose any or all of this private information, we will not be able to assist you with restoring access to your Wallet. Neither will we be kept liable for recovering any of the digital assets associated with this Wallet of yours. Please backup your private information and take all measures not to lose it. TRANSACTIONS OWNR provides the functionality allowing you to transfer digital assets (virtual cryptocurrencies). OWNR does not guarantee that transactions you perform using our Software will be stored in any blockchain network. FEES There may be transaction fees (e.g. mining fees) associated with your transactions that are required by the blockchain network you engage with. OWNR will not be responsible for any losses that may be incurred due to transaction fees or losses that might occur due to incorrectly set transaction fees. ACCESS TO TRANSACTIONS We do not have access to or control over Users’ transactions, digital assets and blockchain networks.
OWNR is a platform which provides you with a possibility to exchange fiat currency to digital assets. Account You must open an Account (means an account registered by the User with OWNR) to be able to exchange fiat currency to digital assets. During the registration process, you shall provide us with requested information, which may include your e-mail address, telephone number, proof of identity, proof of address, proof of funds and credit card information details. You further agree to promptly provide us with any additional requested information as necessary over the course of the registration process or afterwards for verification purposes or any other purpose in connection to providing you the Services. You warrant and represent to us that all information and documents that you provide to OWNR are true, accurate, and complete, and that you shall immediately update this information from time to time, to keep it up to date; and that the _name on your credit/debit card(s) or other payment details match the name on the documents which you provide to OWNR for verification._ Note that it is in our sole discretion to suspend your access to the Services if it is suspected that you have failed to comply with these Terms, pose an unacceptable fraud or regulatory risk to OWNR or if you provide any false, incomplete, inaccurate or misleading information. OWNR will not be liable to you for any losses incurred in connection with the closure or suspension of your Account by OWNR. The User is allowed to register only one Account with OWNR. Any additional Account may be suspended. The User agrees that all actions conducted on the Account are recognized as those made on behalf of the User and on the User’s own discretion. We support the following currencies: EUR, USD, GBP, RUB. OWNR reserves the right to add other conversion currencies in the future. OWNR also reserves the right to remove any of trading pairs in future. Deposits In order to initiate any transaction to buy digital assets with fiat currency, you should indicate the amount of digital assets to buy and your cryptocurrency wallet details. You will be asked to verify your e-mail address and provide credit card details. After that your order (see the guideline on buying digital assets) will be completed, and the money will be charged. For your order to be executed, you must upload the documents required by the KYC verification procedure within 48 business business hours since the order was created, and these documents must be in full compliance with our requirements. Once the documents will be verified the funds from your credit card will be charged and the digital assets will be transferred to your previously indicated cryptocurrency wallet. In case the User refuses KYC process the funds will be immediately reversed. The User agrees that as soon as the order is executed, such transaction is irreversible and may not be cancelled. The User acknowledges and agrees that in case the cryptocurrency wallet details are not specified or incorrectly indicated within the order, the User may lose their funds. OWNR cannot guarantee that all payment cards will be accepted. The acceptability of each payment card depends on a variety of factors, including, but not limited to, your location, your identification information, limitations that may be imposed by your payment card company and/or any third party payment processors. You also acknowledge that the availability of all payment methods, including options of credit card transfer, is not guaranteed, and OWNR may change the options at our discretion from time to time. We reserve the right to refuse to process, or to cancel or reverse, any purchase and/or sale of digital assets in our sole discretion, even after funds have been debited from your account. You acknowledge that delivery of the digital assets is separate from the payment process, and may not be immediately transferred. You also understand that certain factors, including but not limited to the outcome of the KYC process, could prevent or delay OWNR from fulfilling your purchase order or delivery of the digital assets. Please note that our execution of orders will depend on the details you shall provide to OWNR, and OWNR shall not be liable for any errors in the details you provide. The amount of funds for deposits of fiat money are limited per day. The User can deposit a maximum of 20,000 USD or its equivalent per day. The minimum deposit is 25 USD or its equivalent per day. Transaction Fees The User agrees to pay OWNR the Transaction fee for each completed order. The fee makes $7 per order, regardless of the amount. We may also charge some percent of the transaction amount, which varies depending on the region and asset price volatility. Transaction fee is included in the final amount of the User’s exchange transactions. The User does not need to pay any additional fees directly to OWNR, unless specified otherwise in these Terms. The User acknowledges and agrees that every digital asset’s network can deduct its own network fee, including mining fee. Exchange Rates The exchange rate is taken from https://coinmarketcap.com, and a fixed Transaction fee is also included. The exchange rate is calculated at the time the User’s payment is accepted. If there are serious changes in the exchange rate (equal to or more than 1%) while the order is being processed and verified, which includes up to 3 business days for KYC verification, OWNR reserves the right to process the order at the rate fixed when the payment was accepted or apply the updated rate. Refund Policy In any such event, we reserve the right to cease to provide the Services, terminate the Terms, and take any further action we may deem appropriate to reflect any OWNR deduction from the deposit section to set-off any loss suffered due to your chargeback or reversal of transactions. In case you are not satisfied with the quality of the Services or have other reasons, you may request a refund. OWNR guarantees to its Users the right for refund in the term of 6 (six) months after your order was executed. To initiate the refund, please send your request to our email address: firstname.lastname@example.org. We will process your refund as soon as reasonably practicable. We reserve the right to request certain documents in order to execute the refund. You will be asked to return the full amount (without deduction of network commission) of digital assets that you received on your cryptocurrency wallet from OWNR. We will use the same credit card details you used to buy digital assets with OWNR for refund. The exchange rate will be fixed on the day the refund is requested. The fee on refund totals to 7% of the refund amount in fiat currency.
Third-party websites and services
OWNR Website may contain links to third-party websites or services that are not owned or controlled by us. OWNR Software may contain references to third-party libraries we do not control. Additionally, our Services may allow you to interact directly with third-party services without leaving our Website and/or our Software. OWNR shall not be kept liable for the practices of any third party websites or services. You further acknowledge and agree that OWNR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. Please be advised to read the terms of service and privacy policies of any third-party websites or services that you visit. We reserve the right to terminate or suspend access to these third-party services immediately, without prior notice or liability, for any reason whatsoever.
Website and materials
OWNR Website, Software and materials may contain technical, photographic, linguistic and other kinds of errors. We do not guarantee that all the materials at our Website and Software are comprehensive and current at any moment of time. We reserve the right to delete, add and modify any of the materials at any point of time without a prior notice.
Prior to your use of the Services and on an ongoing basis you represent, warrant, covenant and agree that: * you use our Services at your sole option, discretion and risk; * you are solely responsible for any applicable taxes which may be payable while using our Services; * you ensure that your private information including private keys, seed phrases, pass phrases, PINs and other means of authentication is safe and protected from third-parties; * you ensure that your device(s) are fully updated and do not contain viruses, malware or otherwise malicious software; * you are at least 18 years old or of other legal age, according to your relevant jurisdiction; * there are risks, associated with Internet-based system, such as the failure of hardware, software, and Internet connections and with the Blockchain protocol, such as any malfunction, unintended function, unexpected functioning of or attack on the Blockchain protocol; you guarantee that your digital assets belong to you and they are not sold, encumbered, not in contention, or under seizure, and that neither exist any rights of third parties to your crypto assets; * you shall provide correct information for constructing exchange (e.g. paying and payout wallet address, credit card details). Such wallet addresses or credit card details shall not be associated with terrorism, fraudulent, scam or any type of illegal activity. You further represent, agree and warrant, that you will not violate any law, contract, third-party right or commit a tort by accessing or using the Services, and that you are solely responsible for your actions and/or inactions while using our Services. Without prejudice to the foregoing, you represent, agree and warrant, that YOU WILL NOT: * use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so; * use our Services to participate in fraudulent, scam or any type of illegal activity; exchange via our Services or attempt to pay-in crypto assets, which are obtained from illegal gambling activities; fraud; money-laundering; or terrorist activities; or any other illegal activities. With our Services the User can only use crypto assets, which are obtained from legal sources; * provide false, inaccurate, or misleading information. OWNR will make its best to provide Users with the Services in a timely manner and as soon as possible, however, there are no guarantees that access will be uninterrupted, or that there will not be any delays, failures, errors, omissions, or other impairments of the system or the loss of the transmitted data. While OWNR has made every effort to ensure continuity, speed and security of the Services, we are unable to completely foresee and hedge every legal, technological and other possible risk, including but not limited to force majeure, hacker attack, system instability, virus, flaw in third-party services, act of government and other unforeseen risk that may result in service interruption, data loss and other losses and risks. For huge or otherwise abnormal transactions, market interruption and other abnormal conditions caused by system failure, network failure, distributed denial-of-service (DDoS) and other hacker attacks and other unexpected factors, OWNR reserves the right to cancel the abnormal transaction results, and rollback all the transactions of a certain period of time. In accordance with operational and security needs, OWNR may suspend or restrict part of the Services, or start providing additional services. By continuing using the Services, after any changes, additions and deductions of the Services, you continue to agree to the Terms and any other Terms added subsequently. OWNR has made every effort to ensure the accuracy of the information on the Website and Software.
Know Your Customer (“KYC”) and Anti Money-Laundering (“AML”)
OWNR WALLET OŰ is a multi-asset cryptocurrency wallet which also includes the services for virtual exchange and crypto-fiat exchange, having acquired two operating licenses by the Financial Intelligence Unit, namely for: - Providing services of exchanging a virtual currency against fiat currency : License FVR000645; - Providing a virtual currency wallet service : License FRK000559. All licenses are issued by the Estonian Financial Intelligence Unit (Hereinafter – “FIU”), which is the Anti Money Laundering authority in Estonia. OWNR has established and follows strict rules for AML and KYC procedure and is fully compliant with Estonian Money Laundering and Terrorist Financing Prevention Act (hereinafter – “the Act”), and obtained licenses on the basis of the full compliance with the rules of the Act. OWNR has the right to know the real transaction background and purpose of the Users who use our Software or our Services. Users should always provide the real, comprehensive, accurate information required by OWNR and its procedure; if OWNR has reasonable grounds to suspect that the User has provided false trading information or other requested information, OWNR is entitled to restrict the User from the use of some or all Services functions temporarily or permanently. The User hereby authorizes OWNR to, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for KYC purposes.
Rights and Limitation to Use OWNR Website, Software and Services
OWNR grants you a limited, non-exclusive, nontransferable license, subject to these Terms, to access and use the OWNR Website, Software and Services. All our intellectual property assets including but not limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme and graphics are protected by local and international intellectual property laws and treaties. Our Website, Software as a whole are protected by copyright. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the intellectual property without the explicit written consent of OWNR. Name OWNR, Website www.ownrwallet.com, Software, trademark logotype, images, texts, the content of the Website, Software, graphic design, databases, and corporate identity represent the intellectual property of OWNR. All other brands, product names and company names or trademarks are the property of their respective owners. All the above stated belongs to OWNR and is its sole property, including all the material rights on the texts, graphics, content, trademarks, databases, etc. created by third-party contractors, employees, OWNR consultants, and other OWNR partners. By accepting these Terms you agree that all the above stated is protected by copyrights, trademarks or other respective intellectual property rights. Nothing on our Website, Software should be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property displayed or used on our Website, Software without the prior written permission of the intellectual property owner. The names and logos of OWNR may not be used in any way, including advertising or publicity pertaining to distribution of materials on our Website, Software without prior, written permission from OWNR. OWNR prohibits the use of any logo of OWNR or any of its affiliates as part of a link to or from any Website, Software unless OWNR approves such link in advance and in writing. You acknowledge and confirm that you will not use our Website, Software and Services for any purpose that is illegal, unlawful, unethical or inconsistent and/or contrary with these Terms and the purpose for which this Website, Software and Services were created. OWNR reserves the right to investigate all violations of these Terms, threats and unauthorized use of the Website, Software and will act accordingly and in a manner that is considered appropriate, including, among other things, reporting on the suspicion of illegal activities to the competent law enforcement authorities, the regulator or other authorized third parties. You also acknowledge that you will not perform any activities that would, at our discretion, constitute or represent a disproportionate and excessive burden on our Website, Software exchange and related infrastructure.
Service Provided «AS IS»
The Services is provided on an "AS IS", without warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. OWNR WALLET OŰ, its subsidiaries, affiliates do not warrant that a) he Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.
You agree to indemnify OWNR against any claims, damages, losses or legal fees incurred due to Your use (or misuse) of OWNR Services, Website and Software.
These Terms of Service shall be governed by and interpreted in accordance with the law of the Republic of Estonia. You and OWNR agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to OWNR shall be sent to email@example.com Users of the Services agree that any dispute, controversy, difference or claim arising out of or relating to the Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by a mediation procedure according to Estonian law and mediation procedure, before taking the case before the court. Should the dispute not be settled in mediation procedure, then the Harju County court shall have exclusive jurisdiction to solve it.
These Terms constitute all the terms and conditions agreed upon between You and OWNR and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
Severability and Waiver
Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws. The failure of OWNR to exercise or enforce any of the rights or provisions of these Terms shall not considered as a waiver of OWNR’s rights to do so.
OWNR may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign these Terms or any part of them, nor transfer or sub-license Your rights under these Terms to any third party.
Nothing contained in this Agreement shall be deemed or construed to create a principal and agent, partnership or joint venture relationship between You and OWNR.
OWNR will not be deemed in default of these Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labor disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government or any other cause beyond OWNR’s reasonable control.
We specifically disclaim and shall have no liability to You for the following risks: * operating system failures (mobile or desktop); and, * interactions between your hardware, software, and our Services; and, * cloud backup software that may upload your private information to third party services; and, * malware, viruses or other malicious software on your device(s) that is able to take control of or interfere with our services; and, * failure to achieve a certain market value/price for a digital asset.