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TERMS OF USE OF WEBSITE

These Terms of Use (“Terms”) govern your use of the Website https://guardarian.com/ (“Website”) and the services made available through it.

The following entities are involved in operating the Website and providing the services available through it, in the respective roles described below:

  • FinSeven CZ s.r.o. (“FinSeven”) is a company registered in the Czech Republic (registry code: 22304681), with its address at Uralská 689/7, Bubeneč, 160 00 Prague 6, Czech Republic, contact email: [email protected].
  • GRNTech Solution Inc. (“GRNTech”) is a company incorporated under the laws of Ontario, Canada, with its address at 18 King Street East, Suite 1400, Toronto, Ontario, M5C 1C4, Canada (OCN 1001145678). It is registered with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) as a Money Services Business (MSB) under registration number C10001703, which offers services to eligible customers resident outside the European Economic Area (“EEA”), subject to applicable local legal requirements, authorisations and jurisdictional restrictions; contact email: [email protected].

“Company”, “We”, “us” and “our” refer to FinSeven when describing operation of and access to the Website, and to GRNTech Solution Inc. when describing exchanges and related customer accounts, verification, delivery, payments, refunds or subscriptions provided by GRNTech. These expressions do not include the independent Third Party Service Provider (as defined in Section 12) described in Section 12. Each entity is responsible for its own activities and obligations.

“User” or “Users”, “you” and “your” refer to any natural person who uses the Website. References to “we”, “you” and “your” have the same meaning whether capitalised or not. “Party” refers to either User or the relevant Company entity.

The provision of crypto-asset services via this Website is contingent upon the service provider's regulatory authorization and permitted jurisdictions. Specifically, for customers residing within the EEA, all crypto-asset services are provided exclusively by Third Party Service Providers. FinSeven’s role as Website operator and the arrangements applicable to EEA residents are described in Section 12. Eligible customers resident outside EEA may be served by GRNTech, depending on applicable regulatory authorization and jurisdictional restrictions.

These Terms govern use of the Website and include the provisions expressly applicable to GRNTech’s own exchanges and related services. Specific services are also governed by the relevant provider’s separate service agreement made available before you proceed. For EEA customers using the Third Party Service Provider, the allocation of roles and applicable terms is explained in Section 12. By accepting these Terms and using the Website, you agree to be legally bound by these Terms. If you do not agree, you must cease using the Website.

Please be aware that the Company may revise these Terms from time to time. Therefore, the Terms may be changed or amended. Any changes or amendments will be published in advance for a reasonable period of time on the Website. The effective date which is at the top of the Terms informs you about the latest version of the Terms. Company advises you to revisit this page from time to time to make sure you are familiar with the current version of the Terms.

1. DISCLAIMERS

While we strive to provide a reliable and secure service, the Website and services are provided on an "as is" and "as available" basis. We make no warranties or representations about the accuracy or completeness of the Website's content or the content of any sites linked to the Website. We assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website or services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.

Without limiting the foregoing, you acknowledge that transactions involving virtual currencies are subject to significant risks, including but not limited to price volatility, market fluctuations, lack of regulatory protections, and the irreversibility of transactions. You further understand that delays may occur due to network congestion, third party service providers, or other factors beyond the Company’s control. By using the Website, you accept all such risks and agree that the Company shall not be liable for any losses arising from such risks.

2. USE OF THE WEBSITE

By accepting these Terms and using the Website, you represent and warrant that:

  • you have full capacity to contract under the applicable law;
  • you have not previously been suspended or removed from using the Website;
  • you are not furthering, performing, undertaking, engaging in, aiding or abetting any unlawful activity through your relationship with us or through your use of the Website;
  • you are comporting with and obeying these Terms and all applicable laws;
  • you are not subject to any applicable sanctions, restrictive measures, or designated persons lists, and you are not acting on behalf of any person or entity subject to such restrictions;
  • you shall not reverse engineer, decompile or otherwise disassemble the Website;
  • you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures that Company provides in connection with your use of the Website.

The Website is accessible 24 hours per day, 7 days per week. However, Company reserves the right, without providing notice to temporarily suspend the Website or access to the Website in order to carry out work including, but not limited to updates, maintenance operations and amendments to the servers, etc.

In order to protect the integrity of the Website, Company reserves the right at any time in its sole discretion to block Users who violate these Terms.

When accessing or using the Website, you agree that you will not violate any law, contract, intellectual property, or other third-party right or commit a tort, and that you are solely responsible for your conduct while using the Website.

Without limiting the generality of the foregoing, you agree that you will not:

  • damage, disable, overburden, or impair the functioning of the Website in any manner;
  • use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access to the Website or to extract data;
  • you shall not distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature.

3. USER ACCOUNT

FinSeven grants the User a revocable, non-exclusive, non-transferable, non-sublicensable right to use the Website. Users do not need to create an exchange account merely to browse the Website.

The account, verification and account-security provisions below apply to GRNTech’s own services. Where GRNTech uses your mobile number to identify a Guardarian customer account or record in its database, this relates to your relationship with GRNTech. An account with the Third Party Service Provider is separate and is governed by that provider’s terms, as explained in Section 12.

User agrees to provide GRNTech with the information upon GRNTech’s request for the purposes of identity verification, compliance with know-your-customer (“KYC”) requirements, as well as prevention of money laundering, terrorism financing, fraud, or any other financial crime. No User shall act on behalf of a third party. GRNTech reserves the right to request additional information and documentation from the User at any time in order to comply with applicable legal and regulatory requirements, including but not limited to anti-money laundering and counter-terrorist financing obligations.

User shall ensure that any credentials and equivalent information required to access his/her account are kept confidential and used in a secure manner not accessible by third parties as this is the User’s sole responsibility. Users must ensure that they do not allow third party access of any kind to the phone number they use to access the GRNTech customer account or record.

If you suspect that your GRNTech account, authentication details or the phone number used for that account have been compromised, contact GRNTech immediately at [email protected]. For a security issue affecting an account with the Third Party Service Provider, contact that provider directly through its disclosed channels.

You agree and understand that you are solely responsible (and you will not hold GRNTech responsible) for managing, monitoring and maintaining the security of your login credentials and any other required forms of authentication.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify GRNTech of any unauthorized use of your account or any other breach of security. GRNTech will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge.

4. LIMITATION OF LIABILITY

You understand and agree that Company shall not be liable to you for any indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability, including, but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss, even if Company has been advised of the possibility of such damages.

The Website may contain links or submit access to the third parties’ sites and to the content displayed on such sites which is the result of intellectual activity of the third parties and protected in accordance with the applicable laws. Company does not check these sites and the content displayed on them for compliance with the applicable laws. Company is not responsible for any information or content displayed on such sites to which the User gets access through the Website, including, any opinions or statements expressed on such third parties’ sites. Company is not responsible for the accuracy of the information displayed on the websites of the third parties, use of the services and content of the third parties by the User, the validity of such use and quality of the services and content displayed on the third party’s sites.

You agree to hold harmless and indemnify Company from and against any third-party claim arising from or in any way related to:

  • your breach of the Terms;
  • your violation of applicable laws, rules or regulations in connection with the Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs of every kind and nature.

In such a case, Company will provide you with written notice of such claim, suit or action; will provide you the opportunity to control the defense and/or settlement of such claim, suit or action; and will provide you reasonable assistance in such defense or settlement, upon reasonable request and at your expense.

The Company shall not be responsible for any losses arising from cryptocurrency price volatility, market fluctuations, transaction delays, technical malfunctions, third-party service providers, or other factors beyond the Company’s control. You acknowledge and accept all risks associated with the use of virtual currencies and digital assets.

5. DELIVERY TIME CONFIRMATION

This Section applies only to exchanges provided by GRNTech. Delivery of crypto-assets by the Third Party Service Provider is governed by its own terms, as explained in Section 12.

GRNTech aims to complete the delivery of cryptocurrencies within a target timeframe of 20 minutes from the moment your transaction is confirmed and verified in GRNTech’s transaction interface. However, this timeframe is indicative only and is not guaranteed, and may be subject to delays due to network congestion, technical issues, third-party service providers, or other factors beyond GRNTech’s control.

GRNTech shall not be liable for any delays in the processing or completion of transactions. In case of any significant delays, GRNTech will make reasonable efforts to inform you and complete the transaction as soon as possible.

6. PROHIBITED JURISDICTIONS

Company maintains the right to select its markets and jurisdictions to operate in and may restrict or deny access to Website to certain countries, including where required for compliance with applicable laws, regulations, or sanctions regimes.

Company also maintains the right to use various methods to prevent the use of the Website by the Users listed above. You are to comply with this Section, even if Company methods to prevent use of the Website are not effective or can be bypassed, and you shall not attempt to circumvent any such restrictions.

Company has the right to obtain your IP-address (for more details please see our Privacy Policy). If the IP-address is allocated in the prohibited jurisdiction, Company can deny you access to the Website.

7. REFUND POLICY

Please note that once exchanges for fiat and virtual currency are completed using our services, they become final and non-refundable, unless otherwise required by applicable law. Transactions are irrevocable once cryptocurrency is sent to the specified wallet address. Accuracy in providing the correct wallet address during the transaction is crucial.

Refunds are only applicable for transactions that have not been successful. Incomplete, incorrect data, or suspicious transactions will not be eligible for refunds. Moreover, transactions involving high risk (e.g., suspected stolen funds, potential involvement in illegal activities) may result in freezing the funds for further investigation.

For a refund relating to a GRNTech exchange, contact [email protected] and provide the transaction number.

All crypto refunds are processed at the user's expense and are subject to applicable network fees. The refunded amount may be lower than the original deposit due to these fees. The Company is not responsible for any losses incurred due to network fee fluctuations or incorrect wallet addresses provided by the user. Refunds may be issued under various circumstances, including but not limited to the following:

  • Risk Controls: If a transaction is blocked due to internal risk control procedures;
  • Bank Rejection: If the user’s bank rejects the payout and no valid alternative account is provided;
  • Market Unavailability: If the selected trading pair becomes unavailable.

For crypto to fiat transactions, refunds will be issued to the original wallet address from which the funds were sent. In circumstances where the original address is no longer accessible or is a shared wallet, such as an exchange hot wallet, the customer may request a refund to a new address, subject to successful completion of live verification to confirm the identity of the claimant and the ownership of the new address.

Fake or imitation tokens that mimic legitimate projects but do not match the official contract address are considered without value. In instances where such tokens are deposited, our systems will not recognize these as valid. No exchanges or refunds will be processed for fake or imitation tokens received at our deposit addresses.

Our platform only accepts one deposit per one transaction ID. If multiple deposits are made under a single transaction ID, the customer must contact support to rectify the situation, which may include a refund depending on the case specifics.

Transactions that do not meet the minimum limit requirements as specified on our Website will not be processed. Customers who send deposits below these limits may only receive refunds, subject to our standard refund procedures.

Unsupported digital assets sent to wallets that do not correspond to the network or token type supported by our Company will not be extracted or returned. Decisions regarding such digital assets will be made on a case-by-case basis, with the final decision resting with the Company.

Subscription payments are non-refundable, given the nature of the services provided. This includes any fees associated with the recurring purchase or sale of cryptocurrencies as per the subscription terms agreed upon by the User. However, in the event of a service failure directly attributable to the Company., such as a failure to execute a transaction as scheduled due to technical issues on our part, Users may be eligible for a refund equivalent to the transaction value affected by the service failure.

Refunds are facilitated through various methods, including SEPA (bank transfer), SWIFT, Faster Payments, or in virtual currency form.

Refund processing time to the user's bank account may take up to 10 business days, subject to each bank's internal policies, which our company cannot influence.

8. COPYRIGHT PROTECTION

Using the Website does not give you ownership of any intellectual property rights in the Website, any software or the content you access.

The materials contained on the Website are protected by applicable copyright and trademark laws and treaties.

Use of search queries comprising a direct domain name or the brand name such as (but not limited to) https://guardarian.com/, etc. is prohibited in paid SEA advertisements used to attract affiliates.

9. TERMINATION

These Terms shall enter into force for the User since the use of the Website and shall be in force for an indefinite period.

Company reserves the right to suspend your access to the Website for any reason, including but not limited to breaches of these Terms, in its sole and absolute discretion, immediately without prior notice and without liability.

Company reserves the right to terminate or block your access to the Website for any reason, including but not limited to breaches of these Terms, in its sole and absolute discretion, immediately without prior notice and without liability. Company shall not give reasons of its actions.

10. SEVERANCE AND VALIDITY

If any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any relevant jurisdiction, such provision shall be deemed to be severed from these Terms and shall be replaced with one having an effect as close as possible to the deficient provision. The remaining provisions of these Terms will remain in full force.

11. THIRD PARTIES (OUTSIDE OF EEA)

This Section concerns independent payment, verification and other business partners supporting GRNTech’s services for eligible customers resident outside the EEA (each a “Supporting Provider” and together the “Supporting Providers”). The term “Supporting Providers” in this Section is distinct from the “Third Party Service Provider” defined in Section 12.

Where a Supporting Provider is involved in a GRNTech service, the relevant interface will identify its role before the transaction proceeds. The customer will be informed which entity provides each part of the service and will be presented with any separate provider terms requiring acceptance.

To enable the provision of the requested service and to comply with applicable legal and regulatory obligations, GRNTech may share with the relevant Supporting Provider information and documentation relating to the User or the transaction, including information obtained as part of customer due diligence, fraud prevention, sanctions screening, or anti-money laundering procedures, to the extent permitted by applicable law and GRNTech's privacy policy.

Supporting Providers may require the User to satisfy their own onboarding, identification, verification, compliance, or risk assessment procedures and may apply their own terms and conditions, privacy notices, fees, transaction limits, or eligibility requirements.

GRNTech does not guarantee that any particular Supporting Provider will be available at any given time and reserves the right to engage, replace, or discontinue the use of Supporting Providers at its discretion.

Unless expressly stated otherwise, GRNTech remains responsible only for those obligations arising under these Terms that relate to its own activities. GRNTech shall not be responsible for the independent acts, omissions, decisions, or policies of any Supporting Provider, including any refusal to provide services, delays in processing, or application of that provider's compliance or risk management procedures.

The User acknowledges that the involvement of Supporting Providers is an integral part of GRNTech's service model and consents to such involvement where necessary for the execution of the requested services.

For customers located in the United States, certain services are facilitated through GRNTech’s licensed partner, Bridge Building Inc., a money services business registered with the United States Financial Crimes Enforcement Network (“FinCEN”) that holds money transmission licenses where required. Where this GRNTech service is available, by agreeing to these Terms, you acknowledge and agree that (i) you will be redirected to Bridge Building Inc. for identity verification (KYC), anti-money laundering (AML) checks, and related onboarding procedures; (ii) you will be required to accept Bridge Building Inc.’s Terms prior to proceeding; and (iii) the provision of bank details and settlement of the fiat currency of the transaction will be carried out by Bridge Building Inc. GRNTech remains responsible for providing access to the digital asset exchange service, while fiat processing is conducted by Bridge Building Inc. You can verify their money transmission licenses at the Nationwide Multistate Licensing System (NMLS) here.

12. THIRD PARTIES (INSIDE EEA)

For customers resident in the EEA, FinSeven acts as the Website operator only and does not itself provide crypto-asset services or act as the counterparty to a crypto-asset transaction. Through an embedded web widget, FinSeven makes available access to an independent crypto-asset service provider duly authorised under Regulation (EU) 2023/1114 on markets in crypto-assets (“MiCA”) to provide the relevant services in the customer’s jurisdiction (the “Third Party Service Provider”). Before you proceed, the relevant interface will identify the Third Party Service Provider by its legal name, provide its authorisation details and access to its terms and conditions. You enter into the crypto-asset service agreement directly with the Third Party Service Provider, subject to your acceptance of its terms and completion of its eligibility and verification requirements. The Third Party Service Provider is responsible for its crypto-asset services, including customer onboarding and verification, transaction execution, payments and delivery, and handling cancellations, refunds and service-related complaints; it may request information, apply fees and limits, and accept, refuse, suspend or terminate services in accordance with its own terms and applicable law. The respective rights and obligations of you and the Third Party Service Provider arise under that separate agreement and applicable law. Accepting these Terms alone does not establish that agreement, and you may choose not to proceed. References elsewhere in these Terms to the Company’s exchange services and related account, verification, delivery, refund and subscription arrangements concern GRNTech’s own services where applicable and do not govern the Third Party Service Provider’s services. FinSeven remains responsible for its own Website activities and obligations under applicable law.

For Website access problems, contact [email protected]; for crypto-asset service matters, use the Third Party Service Provider’s disclosed channels.

Section 13 does not determine the governing law or dispute procedures under the separate agreement with the Third Party Service Provider.

13. JURISDICTION

The Terms shall be governed and construed in accordance with the laws of Canada, except where the application of mandatory provisions of the laws of another jurisdiction cannot be excluded.

You agree to submit to the exclusive jurisdiction of the courts of Canada, except where otherwise required by applicable law.

14. CONTACTS

Website access and Website security enquiries to FinSeven: [email protected].

GRNTech account, transaction, refund and subscription enquiries: [email protected].

For services provided by the Third Party Service Provider, including account support, transaction enquiries, cancellations, refunds and complaints, contact that provider directly through the channels disclosed in the relevant interface or its terms, as explained in Section 12.