Terms of Use

These terms of Use (hereinafter “Terms”) create a binding agreement between the Client (hereinafter may be referred as “Customer” or “You”) and GreenElephant OÜ, with registration No. 14899004, licensed by Financial Intelligence Unit of Estonia (“FIU”) for providing a virtual currency service (license number FVT000066) having its registered address at Harju maakond, Tallinn, Lasnamäe linnaosa, Väike-Paala tn 2, 11415, an entity existing under the laws of Estonia (hereinafter may be referred as “GreenElephant”, “Company”, “We” or “Us”) and Client, and control the use of this site (hereinafter “Site”, “Website”), which was created by GreenElephant OÜ in order to provide services and acts as agent to purchase and sell Bitcoins (BTC), Ether (ETH), Tether (USDT) and/or any other virtual or cryptographic currency as may be added by us from time to time according to our sole discretion (hereinafter “Crypto Coins”), as well as any other services offered by us from time to time (hereinafter shall be referred to together as the “Services”).

By showing your acceptance to these Terms (“I agree”) and/or by accessing or using the Services you give your consent that you have read, understood, you accept and agree to be bound arising from these Terms. If you do not agree to these Terms, please do not use the Services we provide.

We reserve the right, in our sole discretion, to revise, modify, amend these Terms at any time, and you as Client agree to be bound by such revisions or modifications. You are responsible for reviewing these Terms periodically to always be aware of the current Terms.

Your continued use of the Services after a change or modification of the Terms has been made, will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms please discontinue your use of the Services provided by GreenElephant.

If you violate the Terms, we reserve the right to immediately terminate or suspend the account you have created using the Services. You agree that we do not need to provide you with a notice before terminating or suspending your account.

When using or opening an account with GreenElephant OÜ on behalf of a company, entity, or organization (collectively, hereinafter “Subscribing Organization”), you represent and warrant that you: (i) are an authorized legal representative of that Subscribing Organization with the authority to bind that organization to these Terms and grant the licenses set forth; and (ii) agree to these Terms on behalf of such Subscribing Organization.

1. THE SITE. YOUR ACCOUNT. USE OF THE SERVICES.

GreenElephant OÜ has created a Site that enables users to trade (buy and sell) Crypto Coins and to hold the electronic wallet. The transactions made on the Site may be subject to certain limitations, including with respect to minimum and/or maximum amounts for each transaction. Different limitations may apply to different Crypto Coins and limitations may be changed from time to time in view of regulatory changes and/or at GreenElephant OÜ sole discretion. We may refuse to perform any transaction at our sole and absolute discretion, including without limitation, in view of any breach by you of any regulation, policy or these Terms. Unless specifically stated otherwise, transactions on the Site are irreversible.

These Terms allow you to use the Site and Services, subject to certain conditions, rights and obligations. You shall only use the Services we provide in case you are familiar with the cryptocurrencies, blockchain technology and related issues. We highly recommend you to learn the basics for the above before starting to use the Services. Among others, changes may apply to the way cryptocurrencies may be purchased and used, including without limitations, with respect to any regulatory requirements, reporting requirements, tax issues, know your clients procedures, anti-money laundering, etc.

If you are a registered user using the Services, you are responsible for keeping the confidentiality of your account and password and for restricting access of any third parties to your electronic devices related to the Site using, and you agree to accept responsibility for all activities that occur under your account or password. You are required to keep your password and other credentials confidential at all times and not share or disclose it to any third party. You shall be solely liable to any such disclosure and its consequences. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that GreenElephant OÜ is not responsible for third party access to your account that results from theft or misappropriation of your account. GreenElephant OÜ and its associates reserve the right to refuse or cancel service before the order is completed, terminate accounts, or remove or edit content in our sole discretion. If you think that someone may gained access to your account, your password or any other credentials, please immediately reach out to GreenElephant OÜ.

Creation of an account and the use of the Services at the Site are permitted only to users of the age of 18 (eighteen) or above. It is your responsibility to provide an authentical proof that you meet this age limitation. We disclaim any liability or loss in case you dishonestly provide unauthentic proof of your age. You may not: (i) create an account and verifying it using a false identity or data, or on behalf of someone other than yourself; (ii) open or use an account or use the Services, if you are banned or restricted in your actions under any applicable law or regulation, or by us, from using the Service; (iii) use your account for commercial purposes other than for utilization of the Services, and in any case solely for your own personal account; or (iv) use the account for any illegal conduct.

The Site, the Services, and the information and content available therein (hereinafter “GreenElephant OÜ Content”) are protected by international copyright and other laws. GreenElephant OÜ hereby grants you a limited license to use the GreenElephant OÜ Content solely as required to use the Services for your personal, internal private and/or business purposes. GreenElephant OÜ is not a bank or financial institution and does not provide investment or financial advice or consulting services to users of the Services. We are solely the provider of the Services.

2. LICENSE

License. Use of the Site is governed by these Terms. Subject to your compliance and good conduct with the Terms, GreenElephant OÜ grants you a limited, non-assignable, non-transferable, non-sublicensable, revocable, and non-exclusive license to use the Site solely for your personal or internal business purposes.

Updates. The Site and Services are evolving and we may update the Site and Services at any time, without providing notice upon our sole decision.

Additional Restrictions. By using the Services, you agree not to: (a) sell, license, lease, transfer, assign, reproduce, distribute, host or otherwise exploit the Services or the GreenElephant OÜ Content, or any portion thereof; (b) frame or enclose any brand name, trademark, logo, or other GreenElephant OÜ Content, (including images, text, audio, video, page layout or form); (c) use any metatags or other “hidden text” using GreenElephant OÜ name or trademarks; (d) copy, modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services; (e) use any manual or automated software, technical devices or other processes; (f) access the GreenElephant Site or Services in order to build a similar or competitive products; (g) copy, reproduce, distribute, republish, download, display, post or transmit any GreenElephant OÜ Content except as expressly permitted herein by the GreenElephant; and (h) remove or destroy any copyright notices or other proprietary markings contained on or in the Services or GreenElephant OÜ Content. GreenElephant OÜ, its suppliers and partners and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Services terminates the agreement between us and client including the license granted by GreenElephant OÜ herein.

Third-Party Services. The Services may link, incorporate, or may otherwise provide access to third party sites, applications or materials that are hosted by another party, including digital currencies such as Ethereum, Bitcoin, Tether or cryptocurrency exchanges such as GreenElephant OÜ proprietary exchange (collectively hereinafter, “Third Party Services”) required for executing of Client’s orders and full functionality of the exchange. You agree that it is impossible for GreenElephant OÜ to monitor and control Third Party Services and that you access them at your own risk. Do not share any credentials, private keys, or other sensitive information with any third party without validating their legitimacy. To the extent Third Party Services incorporated into or linked to from the Services have terms that differ from these Terms, you may be required to agree to those terms in order to access the Third Party Service. We do not control the terms, policies, or performance of any third party, and are not responsible for any performance, or failure to perform, of any Third Party Services, including with respect to exchange rates, processing of transactions, and similar activities. We are not responsible for any decision taken by the Third Party services. When you click on a link to any Third Party Service, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies, AML rules, cookies policy etc.) of another website or application. GreenElephant OÜ does not make any representations with respect to Third Party Services, or their products or services. You should review applicable terms and policies, including privacy and data gathering practices etc., of any Third Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

3. FEES AND PAYMENT ISSUES.

In consideration of the Services, GreenElephant OÜ may charge a commission and/or other fees, as shall be posted by GreenElephant OÜ on the Site from time to time. GreenElephant OÜ may change such commissions and fees from time to time at its decision.

GreenElephant OÜ may use third parties to receive funds, to process certain types of payments, to conduct risk analysis and/or offer Crypto Coins, as applicable for the requested Service and for the selected payment method (hereinafter “Third Party Service Providers”). GreenElephant OÜ reserves the right to change and replace any Third Party Service Provider at its sole discretion without informing you. Services provided by Third Party Service Providers are governed exclusively by the terms of use of such Third Party Service Providers, and GreenElephant OÜ has no responsibility or liability with respect to any of their acts or omissions and any result thereof.

4. USER CONTENT.

You are responsible for all data and information provided or uploaded by you to the Services (hereinafter “User Content”), whether publicly posted (i.e., in a user forum, if applicable) or privately transmitted (i.e., to us in connection with a support request). You are solely responsible for the accuracy and completeness of User Content you submit and represent and warrant that you have all rights required in order to post such User Content. We may, in our sole discretion, delete any User Content that we determine violates these Terms in any way. To the extent that you provide us with or we may have access to any information that allows us to identify you or any other individual (“Personal Information”) in connection with your use of the Services, we will preserve, safeguard, and use such information as set forth in our Privacy Policy.

5. OWNERSHIP.

GreenElephant OÜ and its suppliers own all right, title and interest in and to the Site, Services, and the GreenElephant OÜ Content. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or the GreenElephant OÜ Content.

Trademarks. The GreenElephant OÜ trademarks and other related graphics, videos, sound, layout, logos, service marks and trade names used on or in connection with the Services and the Site, are the trademarks of GreenElephant OÜ and may not be used without exclusive permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Site or Services are the property of their respective owners and GreenElephant OÜ does not claim any right for them.

User Content. You own all intellectual property rights associated with your User Content. By posting, displaying, sharing or distributing User Content on or through the Services, you grant us, and any Third Party Services used in connection with the Services, a nonexclusive license to use the User Content solely for the purpose of operating the Services. Except as prohibited by applicable law, we may disclose any information in our possession (including User Content) in connection with your use of the Services, to (a) comply with legal process; (b) enforce these Terms, (c) respond to your requests for customer service, or (d) protect the rights, property or personal safety of GreenElephant OÜ, our employees, directors or officers, partners and agents, or members of the public.

Feedback. You may provide ideas, suggestions, documents, and/or proposals about the Services to GreenElephant OÜ through any means (hereinafter “Feedback”), and you grant GreenElephant OÜ a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and sublicensable right and license to use Feedback for any legitimate purposes we determine upon our sole decision.

6. USER CONDUCT.

You may not use the Services for any purpose that is prohibited by the Terms or applicable law and regulations. You will not (and will not permit any third party to) take any action or make available any content on or through the Services that: (a) infringes any intellectual property rights of any person or legal entity; (b) is unlawful, threatening, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or offensive; (c) is unauthorized or unsolicited advertising, junk or bulk e-mail; (d) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (e) impersonates any person or entity, including any employee or representative of GreenElephant OÜ; (f) interferes with the proper functioning of the Services; (g) engages in any potentially harmful acts directed against the Services, including violating any security features of the Services, introducing viruses, worms, or similar harmful code into the Services; or (h) attempts or supporting to do any of the foregoing.

You represent and declare that the origin of all of the funds transferred to the Site is from your own personal finances and that the origin of the money is legitimate and is not related to any illegal activity. In addition, you represent and declare that you paid all required taxes and other mandatory payments and have timely filed all required reports with respect to such funds as required by applicable law. You declare that all the funds transferred to the Site have decent origin and have no direct or indirect relation to money laundering and/or terrorist financing.

7. INDEMNIFICATION.

You agree to indemnify and hold GreenElephant OÜ, its affiliated companies, and their respective shareholders, officers, employees, agents, partners and licensors (collectively, hereinafter the “Indemnified Parties”) harmless from any claims, actions, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees and other expenses) relating to or arising out of: (a) your use of, or inability to use, the Site and the Services; (b) your violation of the Terms; (c) your violation of any rights of another party, including without limitations any intellectual property rights or privacy rights, and including any other users of the Services; or (d) your violation of any applicable laws, rules or regulations and/or third party policies, terms of use, guidelines, etc. GreenElephant OÜ may, at its own cost, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GreenElephant OÜ in asserting any available defenses.

8. DISCLAIMERS.

Blockchain technology and specifically Crypto Coins are relatively new and establishing concepts which are still being examined and analyzed by governmental entities around the world. Currently, the Services are, to GreenElephant OÜ knowledge, not regulated in many jurisdictions while in other jurisdictions any existing regulation is constantly developing. In the event that a regulatory entity in any applicable jurisdiction imposes new regulations or other restrictions on the Services, GreenElephant OÜ may, in its sole discretion, either modify these Terms, its internal policies, the Services themselves and/or the Site, or, if GreenElephant OÜ deems such actions as required or advisable in order to prevent any adverse effect to its business or customers, to suspend or terminate the Services or any part thereof, in order to be in full compliance with such new regulations or restrictions.

GreenElephant OÜ reserves the right to do not provide Services in your country upon own sole discretion and/or if you are located, associated, operating in any of the blacklisted countries as per GreenElephant OÜ AML policies.

THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GREENELEPHANT OÜ EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE OR THE SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, USEFULNESS, AUTHORITY, ACCURACY, COMPLETENESS AND TIMELINESS. YOU ACKNOWLEDGE THAT, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ALL RISK OF USE OF THE SITE AND SERVICES RESTS ENTIRELY WITH YOU. GreenElephant OÜ makes no warranties or representations with respect to the timeliness of any transactions on the Site (or that any such transaction shall be performed) or with respect to any rates and/or other financial information quoted or posted on the Site. Such rates and financial information constitute estimations only and may not be the final rate for a specific transaction. In addition, such rates and financial information may be dependent on third party services provider for which GreenElephant OÜ has no responsibility whatsoever.

In addition, GreenElephant OÜ makes no warranties or representations about the accuracy or completeness of the content of the Services and/or any content provided therein and of the content of any sites linked to the Services and assume no liability or responsibility for any: (i) Errors, mistakes, or inaccuracies of content; (ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services; (iii) Any unauthorized access to or use GreenElephant OÜ secure servers and/or any and all personal information and/or financial information stored therein; (iv) Any interruption or cessation of transmission to or from the Services; (v) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; or (vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services

GREENEPEHNAT OÜ IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD GreenElephant OÜ LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON OR ACCESSED VIA THE SERVICES, INCLUDING OPERATORS OF THIRD PARTY SERVICES AND THIRD PARTY PROPERTIES AND OTHER USERS OF THE SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

9. LIMITATION OF LIABILITY.

In no event will GreenElephant OÜ, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Services or other materials on, accessed through or downloaded from the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not GreenElephant OÜ has been advised of the possibility of these damages.

IN ANY CASE, OUR ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED AMOUNTS PAID BY YOU DIRECTLY TO US FOR THE USE OF THE SERVICES HEREUNDER. AS SUCH, IF YOU HAVE NOT MADE ANY PAYMENTS TO US IN ORDER TO USE THE SERVICES, WE SHALL NOT HAVE ANY LIABILITY TO YOU WHATSOEVER. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

10. TERM AND TERMINATION.

These Terms commence on the date when you accept them and remain in full force and effect for so long as you access or use the Site or the Services, unless terminated earlier in accordance with these Terms.

GreenElephant OÜ may, at any time and for any reason, cease providing any or all of the Services, and/or terminate these Terms. Without limiting the foregoing, we may also terminate your access to any or all of the Services if you breach any provision of these Terms or if GreenElephant OÜ is required to do so by law, court order, the instruction of a governmental entity, etc.

11. MISCELLANEOUS.

In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision as permitted by applicable law, and the remaining terms of these Terms shall remain in full force and effect.

Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and us or enables you to act on our behalf.

Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and supersedes any other agreements, understandings or warranties.

Nothing contained in these Terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

We may assign our rights under these terms to any third party. You may not assign your rights or obligations hereunder except as we expressly permit in writing.

Any notice to be provided to you pursuant to these Terms may be provided to the email address or other contact information you have provided to us. By using or visiting the Services, you agree that the laws of Estonia, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and us. Any claim or dispute between you and us that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in the Estonia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non- convenient with respect to venue and jurisdiction in such.