EVANERA – SERVICE & WEBSITE TERMS AND CONDITIONS
("Website"), as well as
the buying and/or selling of
cryptocurrencies and any other digital
services or applications available
through the Website
operated by Evanera AG, Sennweidstrasse
45, 6312 Steinhausen, Switzerland
By accessing the Website and/or using any of our Services as customer ("Customer", "you", "your", or "yours"), you accept these terms and conditions (the "Terms") and confirm that you have read and understood these Terms. If you do not agree to these Terms, you must not use the Website or our Services. If you have any questions or comments, please contact us under: firstname.lastname@example.org
WHERE DO I FIND ADDITIONAL TERMS?
Additional terms may apply when
accessing specific services on the
Website. Evanera may collaborate with
third parties with respect to certain
aspects of the Services, such as
Customer identification. You may be
asked to accept terms and conditions as
published by such third parties in order
to use our Services.
Also, you find how we process your personal data and which cookies we use under the following links:
According to Swiss law, Evanera is a
financial intermediary and is therefore
required to affiliate with a
self-regulatory organization for
anti-money laundering purposes. We are a
member of VQF (Financial Services
Standards Association, see
https://www.vqf.ch/en) and must strictly
adhere to the Swiss anti-money
laundering laws, as well as to the
Using our Services, you acknowledge that at times we might be compelled to suspend, or even refuse to perform our Services to comply with applicable laws. Further, we might be required to investigate the details of a Transaction or a Customer, and in certain cases even report suspicions to authorities. By accepting these Terms, you confirm that you will not use our Services for any illicit behavior and agree to assist us with any investigations with information (such as identification) about you or a Transaction.
ABOUT OUR SERVICES
WHO MAY USE OUR SERVICES
You may only use our Services if you have the right, authority, and capacity to enter into these Terms and to abide by all the terms and conditions of these Terms.
Further, you may only use our Services if the laws of the country of your domicile or residence do not prohibit you from using our Services. We do not make any representation whatsoever regarding the legality of your use of our Services in your jurisdiction and assume no liability regarding your usage of our Services or cryptocurrencies purchased through our Website.
You may not use our Services if you are domiciled, resident or otherwise taxable in the United States of America. Further, persons resident or domiciled in one of the following countries may not use our Services:
This list may be updated from time to time in accordance with applicable laws, regulations and Evanera's business policies.
- Albania; Barbados; Botswana; Burkina Faso; Canada; Cambodia; Cayman Islands; Democratic People's Republic of Korea (DPRK); (People's Republic of) China; Ghana; Iran; Israel; Jamaica;
- Mauritius; Morocco; Myanmar; Nicaragua; Pakistan; Panama; Russia; Senegal; Syria; Uganda; Yemen; Zimbabwe Republic.
In addition to where we the laws and regulations oblige us to do so, we reserve the right to generally suspend or conclude our Services or your access to the Website at our own discretion, and in particular i) where we suspect any fraudulent, abusive, or otherwise illicit behavior; ii) we are unable to complete our Customer onboarding procedure or to update Customer information as may be required from time to time; and iii) where a Customer relationship may expose us to legal, reputational or economic risks.
In order to use our Services (as further described below), you are required to open a user account ("Account") by registering with us through our Website or, to the extent available, the Evanera mobile app ("App). In the registration process, we will ask you to provide your full name, a valid email address, a mobile phone number, your domicile address, and any other information that may be required to open your Account.
On the Website or in the App (to the extent available), you will be guided through a video-identification process conducted by a third-party service provider. By opening an Account, you acknowledge that in addition to these Terms and other Evanera policies, such terms and policies as published by respective third-party service providers apply, and that to the extent legally possible, Evanera may not be held liable for services provided by such third parties.
During the identification process, we may ask you to submit identification documents and provide further information regarding yourself as Customer and the funds you intend to use for our Services. When opening an Account, you represent and warrant that all the information and documentation you submit to us is genuine and correct, and you agree to notify us without our solicitation if the provided information or documentation changes or becomes incorrect.
From time to time, we may ask you to reconfirm the information provided during the initial opening of your Account. Further, we may at any time request further information or documentation in order to comply with applicable anti-money laundering regulations and our own standards. You acknowledge that a failure to comply with our requests may force us to suspend the Services provided to you, including a suspension or closure of your Account and the suspension of any Transaction already initiated.
We will confirm the opening of your Account as soon as your data is successfully validated. You agree to use the Account exclusively for your personal, non-commercial use and only in order to make use of our Services in good faith. In particular, you may not: share the access to your Account with other persons; use the Account or conduct Transactions for and on behalf of third parties; or use the Account to for any criminal or otherwise illicit activity. You further agree to notify us immediately if you suspect the use, or attempted use, of your Account by third parties, or suspect a security breach of any sort with respect to your Account.
You are solely responsible for safeguarding the access to your Account and may not hold us liable for any direct or indirect loss related to losing or forgetting information or other means necessary to access your Account.
We reserve our right to suspend or close your Account at our sole discretion and without prior warning or notice where we suspect a breach of these Terms or expect any detriment to Evanera in connection with your Account. Further, we reserve our right to take further action against you in remedying any violation of these Terms.
USING OUR SERVICES
As part of our Services, we offer our Customers to the conversion of fiat currency ("Fiat") into Bitcoin ("BTC") and vice versa (each a "Transaction"). Further, we intend to offer Transactions between Fiat and cryptocurrencies other than BTC at a later point in time. Wherever we use the term Bitcoin or BTC in a provision in these Terms, the provision shall be understood to include such other cryptocurrency, as appropriate.
You may select to send us Fiat from or receive from us Fiat to a bank account or a credit card (each a "Bank Account"). If it is your first time to use a specific Bank Account, we are required to verify that the Bank Account and the funds transmitted from it belong to you personally. Therefore, the Bank Account must be opened in your name, and we may require additional proof to verify the ownership of the selected Bank Account at our own discretion.
If it is your first time to send us BTC from or receive from us BTC to a specific cryptocurrency address ("Wallet"), we are required to verify that the Wallet is owned and controlled by you personally. Therefore, we may ask you to assist this verification by following specific instructions prior to the first use of a Wallet. Such instructions may include the sending of an additional micro-amount of BTC with your BTC payment and are subject to change without prior notice.
Prior to initiating a Transaction, we will offer you the exchange rate applicable at the time. By initiating the Transaction, you agree to the offered exchange rate and to all fees applicable in relation to such Transaction, as communicated to you in general on the Website or, to the extent available, in the App ("Fees"), and disclosed per Transaction prior to its initiation. We reserve our right to change the structure and amount of Fees charged and will notify you with respect to any such changes. Further, we remain our right to cancel and/or not process any Transaction and refund any amounts transferred to us (minus processing fees) where laws and regulations or our own compliance and risk policies prohibit us to do so.
We execute each Transaction instantly after you initiate it and will notify you shortly thereafter with a confirmation of the Transaction via email, on the Website, and/or in the App (to the extent available). Using our Services, you acknowledge that once we execute a BTC transfer to your Wallet, we have no control over, or any responsibility regarding the processing of the BTC transfer by the Bitcoin blockchain. The success and duration of your receipt of BTC to your wallet depends on several factors out of our control, such as network usage, capacity, fee market and miners, and we assume no liability for any events beyond our control. Therefore, you should generally allow up to three calendar days for an executed Transaction to be processed.
Limits may apply with respect to the minimum or maximum amount convertible per Customer, Transaction, or specific time period. We reserve our right to amend such limits at our own discretion.
It is your responsibility to ascertain that engaging in any Transaction with us, and generally buying and holding BTC is legal in the jurisdiction to which you are subject. You also confirm that we did and do not solicit you as a Customer and that you initiated any contact with us unassisted.
Not only during a Transaction, but particularly after you receive Bitcoin, its value may increase or decrease greatly. We don't accept any liability for its value, and by using our Services, you confirm that you buy Bitcoin based not on any recommendation of ours, but on your own judgement. You also acknowledge that we are never responsible for the safety and your access to your Wallet and its contents. We do not accept any liability for financial loss related to your Wallet.
We rely on third-party service providers ("Third Parties") with respect to the processing of Fiat payments from and to your Bank Account. By using our Services, you acknowledge that in addition to these Terms and other Evanera policies, such terms and policies as published by respective Third Parties apply, and that to the extent legally possible, Evanera may not be held liable for acts or omissions by, and losses occurred in connection with acts or omissions by, such Third Parties. Further, you acknowledge that we assume no responsibility for any matters arising with respect to your relationship with Third Parties (including, but not limited to, the financial institutions with which you maintain your Bank Account), and in particular with respect to any fees or charges imposed by Third Parties.
Services provided by us are not refundable and Transactions executed by us are irreversible. Using our Services, you acknowledge that the initiation of a Transaction is irrevocable and that once your Fiat reaches an Evanera bank account (or your BTC arrives at an Evanera address), you are not entitled to claim back any funds, and we are entitled to execute the Transaction. Before sending us Fiat or BTC, as applicable, you may however cancel a Transaction at your discretion and at no cost.
You may request the cancellation of a not-yet executed Transaction by sending us an email (email@example.com) with the transaction ID communicated to you when initiation the Transaction.
Any approval to cancel the Transaction and return any amount received by us is at our sole discretion and we may deduct a processing fee from such amount returned to you.
Where we approve the cancellation of a Transaction, we undertake to return any amount received by us within five business days.
You may terminate your Customer relationship with us at any time by closing your Account via the Website or App (to the extent available). Any Transaction already initiated may still be processed by us prior to termination.
All provisions of these Terms, which by their nature are required to survive such termination in order to achieve their purpose, shall survive until it is no longer necessary for them to survive in order to achieve that purpose. Termination shall not affect any legal rights or obligations which may already have arisen under these Terms at the date of termination.
- WHO MAY USE OUR SERVICES
You agree not to use our Services, your Account and/or the Website for any illicit activities, and to comply with all applicable laws and regulations. In order to ensure our compliance with applicable laws and regulations, as well as to assure the quality of our Services, you consent to us (including our employees or agents) to access, monitor or otherwise analyze your use of the Account, our Services and/or the Website at any time at our discretion.
We reserve the right to report any illicit activity to any authority or body as deemed appropriate by us, and to provide them with any relevant data, including your personal information, where we are required to or deem it required for the prevention and/or investigation of illicit activities.
You agree to indemnify us and hold us harmless from and against any and all losses in connection with any breach of these Terms by you and/or anyone acting on your behalf.
OUR INTELLECTUAL PROPERTY
We own or license all intellectual property rights to the Website and its content, and all such rights are reserved, including all images, video, text, trademarks, data, and any other content in whichever format (the "Content").
You may use the Content solely as strictly necessary for the purposes of viewing, using, and accessing this Website and our Services. Any other usage is strictly prohibited, including but not limited to:
You agree to fully indemnify us from and against any damages and other expenses arising in any way related to your breach of any of the provisions of these Terms.
- Copying, reproducing, modifying, selling, sublicensing, and/or otherwise commercializing any part of the Website or the Content;
- Using this Website in any way that is, or may be, damaging to this Website;
- Engaging in any data mining, data harvesting, data extracting, scraping, or any other similar activity in relation to this Website, or while using this Website;
- Accessing the Website via any automated system, including, without limitation, spiders, offline readers, robots, etc., or taking any action that may impose an unreasonable load on our infrastructure;
- Attempting to reverse engineer any part of the Website, derive the source code, or create any derivative works or materials of any kind using the Content.
OUR LIABILITY TO YOU
We do not exclude or limit in any way our liability to you where it would not be permitted by law. This includes liability for personal injury or death by the negligence of us as well as for fraud or fraudulent misrepresentation.
Other than that, we or our employees, agents or subcontractors will not be liable to you in any way, in particular for any damages or losses in connection with your use or inability to use of our Services, our Website, or any linked information or third-party website. In particular, we will not be liable for any direct or indirect losses incurred through (i) any interruption, defect, transmission error or third-party intrusion, theft or unauthorized access in relation to your Account, our Services and the Website; and (ii) the reliance on any information, publication or content appearing on our Website or through our Services.
The Website, together with all its content, is provided 'as is', without warranties or representations of any kind and may not be up to date.
This Website may contain third-party content or links to third-party websites. We do not assume any responsibility for and do not make any warranties or representations as to, any third-party content or websites, including but not limited to, the accuracy, subject matter, quality or timeliness.
WHAT ELSE IS IMPORTANT?
Other agreements: The Website may contain specific terms for certain services which supersede any conflicting terms contained in these Terms.
Amendments: We may amend these Terms from time to time without notice. The version available at the time of your visit apply.
Assignment: We may assign any of its rights, obligations or claims under these Terms without your approval.
Partial invalidity: If any provision of these Terms is held to be illegal, invalid or otherwise unenforceable, the other provisions will remain in full force and effect.
Governing Law & Jurisdiction: This Agreement is governed by substantive Swiss law and subject to the exclusive jurisdiction of the ordinary courts of Zurich, Switzerland.
Last update: 1 July 2021