TERMS OF USE

PLEASE READ! GAIAVAULT REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOUR USE OF GAIAVAULT.

BY ACCESSING OR USING THIS SITE YOU REPRESENT THAT YOU HAVE THE FULL AUTHORITY TO ACT TO BIND YOURSELF, ANY THIRD PARTY, COMPANY, OR LEGAL ENTITY, AND THAT YOUR USE AND/OR INTERACTION, AS WELL AS CONTINUING TO USE OR INTERACT, WITH THE SITE CONSTITUTES YOUR HAVING READ AND AGREED TO THESE TERMS OF USE AS WELL AS OTHER AGREEMENTS THAT WE MAY POST ON THE SITE.

BY VIEWING, VISITING, USING, OR INTERACTING WITH GAIAVAULT OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF GAIAVAULT.

GAIAVAULT SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) OF 1998.

GAIAVAULT RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY LAWFUL REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING AND CREATING ACCOUNTS, GAIAVAULT IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.

THIS TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO ACCESS GAIAVAULT, TO KEEP THEMSELVES INFORMED OF SUCH CHANGES BY REVIEWING THIS TERMS OF USE PAGE EACH TIME THEY VISIT GAIAVAULT.

USE OF INFORMATION FROM THIS WEBSITE

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, account holders, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By accessing the contents of this website, you agree to this condition of access and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Visitor warrants that he or she understands that accepting this provision is a condition of accessing GAIAVAULTand that accessing GAIAVAULT constitutes acceptance.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE

The website and its contents are owned or licensed by the website’s owner. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.

HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED

Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Furthermore, you are not permitted to reference the URL (website address) of this website or any page of this website in any commercial or non-commercial media without express permission from us, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities, and be liable for all damages arising from violating this provision. You warrant that you understand that accepting this provision is a condition of accessing GAIAVAULT and that accessing GAIAVAULT constitutes acceptance.

DISCLAIMER FOR CONTENTS OF SITE

GAIAVAULT disclaims any responsibility for the accuracy of the content appearing at, linked to on, or mentioned on GAIAVAULT. Visitors assume all risk relating to viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with us, you have no right to rely on any information contained herein as accurate. We make no such warranty.

LIMITATION OF LIABILITY

You agree not to hold us liable for any damages related to issues beyond our control, including but not limited to, acts of God, war, terrorism, insurrection, riots, criminal activity, natural disasters, disruption of communications or infrastructure, labor shortages or disruptions (including unlawful strikes), shortages of materials, and any other events which are not within our control.

DISPUTES

As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, an account, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted in the State of Mexico or in Germany. Any and all disputes shall be first settled through means of Smart Contracts such as BitBay.market or other IT means in good faith and with best intentions.

 

1. SERVICE AGREEMENT

1.1 This Service Agreement constitutes an agreement between you and G-Vault KB, Galaxy Vault Inc., NAOME SAPI de CV and all it’s subsidiaries (from now on GAIAVAULT) and hereby you agree to be bound by it, therefore, by entering GAIAVAULT’s website, using it, or any service provided by GAIAVAULT you accept the following agreement. The constant use of GAIAVAULT’s website implies the acceptance of the terms established above and down below. If these terms of use are not acceptable, please suspend the use of GAIAVAULT, cease the access to the website and to any service provided by GAIAVAULT or any of its affiliates.

1.2 Throughout the following terms of service, GAIAVAULT, its applications or diverse services provided by GAIAVAULT as well as https://GAIAVAULT.com can be referred as “we”, “us”, “our”, “ours”, “website” and “GAIAVAULT”. This terms apply to GAIAVAULT users, not limited to registered users, but as well as to any visitor who enters our website one way or another. The digital currency or virtual currency terms can be used to describe any form of digital or virtual currencies that are currently listed in our shop and made available through our services.

1.3 In any case, the USER won’t be authorized to use any of the services provided by GAIAVAULT unless the present agreement is accepted. The most likely is that you have already clicked on a button which contains the word or words “I agree” or similar. You must understand that this has the same legal effect as signing any other legally binding contract. By using any part of our Site or the Services, including the Exchange, you understand and agree that this use constitutes your full and unconditional consent and agreement of every term contained in this agreement.

 

2. GENERAL TERMS OF SERVICE

2.1 For an adequate use of the accounts, exchange and other financial functions or any other services provided by GAIAVAULT, the USER must be registered according to the requirements established for each type of account. In order to register as a USER you must be at least 7 years old and have the legal capacity to accept these Terms of Services. If you’re under 18 years old, we will reach out to you in order to have authorisation from your legal guardian.

2.2 The USER accepts and acknowledges that we reserve the right to change these Terms of Service at any time. With respect to any modification, you may, without GAIAVAULT being obliged to do so, be notified of any substantial changes thereto. You can always find the latest version of these Terms of Service on this page. Your continued use of our services after any update to these Terms of Service will be deemed to imply acceptance of such changes. It is recommended, therefore, that you read these Terms of Service frequently. If you do not agree to the Terms of Service or any modifications thereto, you must stop using our website or our services.

2.3 The user or visitor acknowledges that, in case of not understanding the entirety of the terms in this Agreement, it must contact a lawyer before any use of our site, the use of the Exchange or the use of any service provided by GAIAVAULT. If you can’t review periodically this Agreement in order to determine if any of these terms have changed, you assume the responsibility for not doing so and you expressly renounce to the right to review the modified terms. GAIAVAULT will try to let you know any major modification. Any modified version is intended to supercede all the former versions. We’re not responsible if you decide to neglect your legal rights.

2.4 The user or visitor acknowledges that, in case of not understanding the entirety of the terms in this Agreement, it must contact a lawyer before any use of our site, the use of the Exchange or the use of any service provided by GAIAVAULT. If you can’t review periodically this Agreement in order to determine if any of these terms have changed, you assume the responsibility for not doing so and you expressly renounce to the right to review the modified terms. GAIAVAULT will try to let you know any major modification. Any modified version is intended to supercede all the former versions. We’re not responsible if you decide to neglect your legal rights.

2.5 Use and access to our site or our services is void as whenever it is carried out from anywhere where this activity is prohibited or restricted by applicable local laws. In particular, residents of New York and Washington in the United States, Democratic Republic of Korea, Iran, Afghanistan, Syria, Yemen, Ethiopia, Bosnia and Herzegovina, Iraq, Laos, Uganda, Venezuela, Ecuador, Iceland, Vanuatu and any jurisdictions in which the use of Digital Currencies is not allowed. GAIAVAULT is not responsible for the actions taken by users in disregard of this provision and we reserve the right to terminate our operations with such users.

2.6 BY THE USE OF OUR WEBSITE AND THE ACCEPTANCE OF THESE TERMS OF USE, YOU ACKNOWLEDGE AND AGREE THAT (I) GAIAVAULT DOES NOT PROPOSE TO COLLECT PUBLIC RESOURCES, OR TO PROVIDE THEM TO ANY THIRD PARTY, OUR WEBSITE IS A MEDIUM TO ACQUIRE, HOLD, TRANSFER OR TO SELL ANY TYPE OF ASSET, (that can include but are not limited to: Cash Deposits (No Currency Restrictions), StocksBonds (Euroclear enablement possible), Debentures, Mutual Funds, Hedge Funds, Any type of Securities, Commodities, Precious Metals, Real Estate, Investments in General, Safe Keeping, Receipts, Guarantees and DIGITAL CURRENCIES) WITHOUT GAIAVAULT BEING OBLIGATED TO BUY THEM OR SELL THEM, TO ASSURE OR WARRANT THAT THEY MAY BE PURCHASED OR SOLD, OR TO MAINTAIN A MEANS TO PURCHASE OR SELL THEM, (II) WITH RESPECT TO ANY RESOURCES OR QUANTITIES RECEIVED BY GAIAVAULT, GAIAVAULT MAY PAY INTEREST, RETURN OR ANY PREMIUM, (III) GAIAVAULT, OR A THIRD PARTY ACTING BY GAIAVAULT, SHALL MAINTAIN THE RESOURCES RECEIVED FROM THE USERS, WITHOUT GAIAVAULT HAVING: THE INTENTION TO USE THEM FOR ANY PURPOSE, THE CHARACTER OF DEPOSITARY, OR BE LIABLE FOR THE ACTS PERFORMED BY ANY THIRD PARTY THAT KEEPS THE RESOURCES THAT USERS DELIVER TO GAIAVAULT (IV) GAIAVAULT IS REGULATED AND SUBJECT TO THE AUTHORIZATION OF THE GOVERNMENT OF SWEDEN, MEXICO AND SINGAPORE, (DEFINED AS AN “AUTHORITY”), BUT IS NOT SUPERVISED BY ANY AUTHORITY, IS NOT REQUIRED TO REPORT ANY AUTHORITY AND IS NOT REQUIRED TO MAINTAIN A MINIMUM AMOUNT OF CAPITAL, AND (V) OUR OBLIGATIONS RESULTING FROM THESE TERMS OF USE ARE NOT GUARANTEED BY ANY SUBSIDIARY, AFFILIATED OR THIRD PARTY, INCLUDING ANY AUTHORITY.

3. DEFINITIONS

3.1 Account:

Account: GAIAVAULT accounts are based on financial technology. Users can hold any assets and not limited as mentioned in 2.6 (I) in their accounts for any periods time. GAIAVAULT reserves the right to request that you to withdraw your funds. We reserve the right to close any account that actively ignores our withdrawal requests.

3.2 Digital Currencies:

3.2.a Digital currency: is a representation of digital value that is not issued by a central bank, public authority or Authority, not necessarily linked to a currency, but that is accepted by physical and/or moral persons as a method of payment and can be transferred, saved, or exchanged electronically, without necessarily having legal tender or be considered to be guaranteed by any Authority.

3.2.b At this moment, the only digital currencies that can be hold, transfered, bought, and sold at GAIAVAULT are any virtual currencies that are currently listed in our shop or in your account. GAIAVAULT does not directly sell any kind of digital currency to its USERS. If a USER wishes to control their own private keys each user needs to withdraw their virtual currencies to a different wallet from GAIAVAULT where they have full control over. Every asset exchanged, tranfered or traded by and between our USERS are their property, therefore, GAIAVAULT only provides the digital platform (finanical technology) and legal framework to enable the operation.

3.3 Services:

The services provided GAIAVAULT, GAIAVAULT API, GAIAVAULT APP, GAIAVAULT EXCHANGE, GAIAVAULT TRADING, GAIAVAULT INSURRANCES, STAKING AND SAVINGS and GAIAVAULT ACCOUNTS among others, are intended to provide an interface through which users can access a free market.

3.4 User:

A User is any individual or entity who has completed the registration and identification process according to the different account-level requirements in GAIAVAULT or according to their profiles and using the services provided by GAIAVAULT. All GAIAVAULT USERS must be at least 18 years old or have the authorisation of their gaurdians. In that sense, the USERS hereby give authorization to have their identities verified, whether through third parties or through official government databases or by any mean considered by GAIAVAULT as the indicated for the compliance of our duties with Laundering Laundering Anti Money Laundering, Counter Terrorism Financing (AML/CFT) and Fraud Prevention policies and any kind of requirement enforced by applicable laws.

3.4.a After being considered a USER, you state that you are acting by your own accord and not in representation of third parties and you also acknowledge that, according to this agreement, it is forbidden to allow third parties to use your account or to access your credentials. You acknowledge that, in case of any violation of any term provided in this agreement, you will be subject to an investigation and when applicable to a reporting process, during which you won’t have access to any service provided by GAIAVAULT.

3.4.b Through these terms, You may be refered to as You, yourself, yours and/or USER, among other similar terms.

3.5 Visitor:

For the purposes of this Agreement, every USER is a Visitor, but not every Visitor is a USER. The present agreement applies to every Visitor, whether they are USERS or not. You become a Visitor by visiting this Site or any of our services. You don’t have to become a USER of this site for this agreement to apply to you . You will become a USER after registering on the site in order to obtain a USER NAME and a password, as explained in the next definition. Only registered USERS are authorized to use any of the services provided by GAIAVAULT

4.- COMPLIANCE

4.1 GAIAVAULT’s AML/CFT policies are registered with Swedens regulations for financial institutions.

4.2 Our program on AML/CFT is designed to avoid the use of GAIAVAULT for Money Laundering Laundering or Terrorism Financing. It is our policy to prevent and report any suspicious activity by any means available. We participate actively preventing any kind of action in which Money Laundering, terrorism financing and financial felonies are engaged.

4.3 Our AML/CFT policy is also focused on detecting and preventing fraudulent activities and implementing procedures that help us prevent risks through surveillance and control mechanisms.

4.4 In the event that we suspect that your GAIAVAULT account is in breach of any provision of AML/CFT you agree that we have the right to review and audit any activity that we deem necessary or convenient, to request and receive any information or necessary documentation or convenient, to report your activities to any Authority and to take any other action or carry out any act implicitly or explicitly contemplated in these Terms of Use, to suspend your GAIAVAULT account and, even, your access to GAIAVAULT. In the event that your USER account or any other account registered or associated with it is in breach of GAIAVAULT’s AML/CFT policy, you accept that we have the right to cancel your rights as a USER and suspend all Services, in at any time, with notice or even in the absence of any notice.

4.5 In the event that it is legally or judicially proven that your account or an associated account is in violation of our AML/CFT policy, the USER agrees to waive any and all of its funds in favor of what the competent authorities determine.

4.6 As a part of our AML/CFT policies. GAIAVAULT has the right to require any further information in order to determine the user’s identity, their transactional profile as well as the origin and destination of funds in the operations performed in our platform.

4.7 If you seek information for or intend to perform any illegal or fraudulent financial activity, please leave this site immediately and refrain from the use of any service provided by GAIAVAULT. You acknowledge and accept your awareness of the legality of our service in your local jurisdiction. You also acknowledge that you won’t use the services provided by GAIAVAULT if the use of our platform is forbidden by or if it violates your local laws, the law from your state, country or any other jurisdiction. Please refrain from using or accessing any service provided by GAIAVAULT if this is the case.

5.- ACCOUNT SECURITY

5.1 In order to better ensure the USER’s security and the security of its account, it is recommended that you use an authentication method based on multiple factors. The USER should always use at least two (2) forms of identification to gain access to their account and perform any operations. GAIAVAULT will not assume any responsibility in case of violation of the site’s security.

5.2 Among the multiple factors forms of identification, besides the credentials or passwords, the USER’s security methods may include codes delivered through short message service (SMS) or a specified two-factor authentication supported by an application (2FA), for which GAIAVAULT suggests the use and download of Google authenticator for Android or iOS. We also provide a rudimentary TAN system for crutial and sensetive financial operations.

5.3 If the USER decides to install a 2FA application in an electronic device (for instance a smartphone or a tablet) in which the OS has been tampered with in any form, he does so under its own risk and forfeits any action against GAIAVAULT in the case of loss of funds. GAIAVAULT won’t assume responsibility in case of loss of information or funds, as a result of using our services in an electronic device with or without a tampered OS, for instance Jailbreak (iOS) or Root (Android).

5.4 We reserve the right to forbid the access to our services from any kind of electronic device with a tampered OS.

5.5 Likewise, GAIAVAULT reserves the right, in any case and without any communication or explanation, to prohibit access to its website to any person.

5.6 It is the USER’S responsibility not to share or provide their identification data or credentials to third-parties, as well as making sure that he only enters its data in the secure site https://GAIAVAULT.com/. Our site has an EV certificate which the user can use to verify your identity by looking at the left of the address bar where he will see a green button with the name GAIAVAULT SAPI de CV. We strongly recommend to keep confidential and store in different places its multiple-factors methods and passwords. Also, the USER accepts that it is their responsibility to keep the confidentiality of their credentials, passwords and authentication methods. GAIAVAULT won’t be able to assume any responsibility in the loss of information or the loss of funds as a result of a confidentiality malpractice by the USER.

5.7 The process of recovery of a username or a password will only be performed through the process designed by GAIAVAULT taking into account the highest security standards. That process, must always be initiated by the USER and never will be initiated by GAIAVAULT. GAIAVAULT WILL NEVER ask, under any circumstances, via mail, e-mail, telephone or any other means to reveal your account credentials. Please, never provide your account credentials to third-parties.

5.8 GAIAVAULT takes as valid every operation done in a USER’s account after he logs in, for instance, this may include but is not limited to: bids in purchase and sale, transferring funds or any use of the services provided by us. Through this Agreement, you accept your responsibility in the charges or losses as a consequence or related to a bid or transfer performed in GAIAVAULT, through the use of your credentials as well as the authentication processes, related to your GAIAVAULT account.

5.9 Consequently, it is the USER’s responsibility to notify GAIAVAULT if he thinks or suspects that its account or its credentials are being compromised, he must reset its passwords and notify GAIAVAULT at support@gaiavault.com

6.- CONTACT WITH THE USER

6.1 The USER accepts that GAIAVAULT will take as a primary contact method, the e-mail used to log in. Your e-mail address will be also used to send you any kind of notification related to your account. This e-mail address could also be used for any kind of notifications, including information related to this Agreement, your USER account and/or your operations. In order to ensure that you receive all of our notifications, you commit to to keep your e-mail address up to date and to notify us of any change immediately. We consider as valid any kind of information delivered to the registered e-mail address. If an e-mail is returned as failed-to-deliver, we reserve the right to block the access to your USER account until you provide and confirm a new e-mail address.

7.- GAIAVAULT SERVICE DETAILS

7.1 Every Visitor can access the site’s public areas, however, only the USERS can use the Accounts or any other service provided by GAIAVAULT. You understand that through this gateway GAIAVAULT only offers access to its financial services or related services.

7.2 You acknowledge that the services are regulated, however, GAIAVAULT is not required to maintain minimum levels of capitalization. Any asset or liability belongs to it’s USER and GAIAVAULT provides the interface, maintainance and acts soly as a trustee of all USER assets under GAIAVAULT’s reach and control.

7.3 GAIAVAULT will have the obligation and responsibility to provide and insure uninterruped access to the services in accordance with these Terms of Use.

7.4 Privacy in sales operations; the entries on the GAIAVAULT’s books are not publicly divulgated in Blockchain. For our users’ security we try to keep in private the addresses associated to GAIAVAULT. Some exceptions  apply where you follow transactions and are visible in the Blockchain.

7.5 Only the USERS who have created an account, according their profile, will be able exchange and execute transfers. GAIAVAULT will perform the operation and assign the corresponding funds to each USER.

7.6 When a USER starts a exchange, GAIAVAULT retains the available funds corresponding to that exchange, in such a way that the funds are available to complete the operation. GAIAVAULT will retain the funds until the exchange is completed, expired or cancelled. The funds offered for exchange won’t be available for any other purpose, including other exchanges orders or withdrawals.

7.7 In some cases, it may be possible that the purchase or exychange is not completed in only one operation, but completed in several fractioned operations. In that sense, the funds will remain retained until the order expires, gets completed or gets cancelled. The USER recognizes that it is its duty to retire those offers which are not subject to be completed.

7.8 The Digital Currency accounts are created and supported by open source code. GAIAVAULT does not guarantee the stability, availability or any of the functions of the Digital Currency networks that support the Digital Currencies that are exchanged in GAIAVAULT. You can lose access to your portfolio and all your funds if the network stops working for any reason, of which GAIAVAULT will not be liable, and in relation to such terminations, the USER acknowledges and accepts that it can lose any related amounts in the account or any pending operations. The operations carried out by you or generated automatically by the network can change the balance or cancel it or they may have other adverse consequences for you, of which only you, and in no case GAIAVAULT, will be responsible. You are responsible for protecting the credentials of your account, any unauthorized access is your responsibility. You use this technology at your own risk.

8.- ACCOUNT LEVELS AND LIMITS

8.1 We have three types of account limits in GAIAVAULT that are aligned with international standards. The cash inflow to the platform for new USER’s is by default limited to 250 EUR daily and 7,500 EUR monthly.

8.2 Level 1: Daily limit of 250 EUR and monthly limit $32,000 MXN.

Full name

Gender

Date of birth

Country

E-mail

Cellphone number verification

CURP/ TAX ID

Validation in sanctions lists

8.3 Level 2: Daily limit of 2,500 EUR and monthly limit of 75,000 EUR. Apart of the foregoing, we require:

Copy of your passport or your ID

Utility bill

Having moved 250 EUR

8.4 Level 3: Daily limit of 42,000 EUR, no monthly limit. On top of of the aforementioned, we require:

That user is already level 2

Service Agreement signed and sent to GAIAVAULT.

Information about employment and source of funds.

Any other information that we consider to be necesary to properly ID our customers

Historical transactionality that reasonably justifies the increase

We reserve the right to deny or delay access to level 3

10.- REPORTS AND INVOICES

10.1 You can find a record of all GAIAVAULT operations, exchanges, deposits and withdrawals on the “REPORTS” tab after login. We reserve the right to adjust, correct or modify your records. It is recommended you make peridocially backups yourself and can either print or download reports in CSV file format.

10.2 In GAIAVAULT, we make efforts to provide precise and true information, however, it is possible to find some mistakes in your records. In case of any mistake detected, you have 30 natural days to contact us and let us know, after this period it will be understood that you have agreed with th status of your account.

10.3 If you require an invoice, you can reqeust a invoice at support@gaiavault.com. We remind you that all assets used in GAIAVAULT’s services and operations go straight to whoever owns that asset through our site, so GAIAVAULT only obtains funds arising from the charge of services or commissions of being an intermediate on every successful operation. As a result of the previous, GAIAVAULT only can provide a digital invoice for the amount charged as commission as established on clause 11 and at https://GAIAVAULT.com/pricing.

10.4 It is the responsibility of the user to register its TAX ID correctly in order to generate the invoice for services deliverd and commissions, in case of not registering a valid TAX ID, the invoice will be generated with the generic ID in accordance with the legal provisions in place. The USER may update the Billing TAX ID at any time. However, invoices issued prior to said update can not be reissued. For this reason we require the USER to be aware of their fiscal situation, to capture their correct TAX ID.

10.5 Also, you are notified that, currently there is mixed fiscal regulation on Digital Currencies, so we cannot advice you on tax questions. It is your responsibility to contact a qualified professional person and find out how to do the tax treatment of your assets.

11.- COMMISSIONS

11.1 Each transfer or exchange exectued in GAIAVAULT is subject to a fee (“Commission”). The commission rate is determined according to each of the services. GAIAVAULT reserves the right to raise, change or modify these fees at any time. For further information about commissions, the USER can check https://GAIAVAULT.com/pricing

11.2 Every transfer or exchange done in the GAIAVAULT is subject to every regulation and applicable law, including but not limited to regulations on Money Laundering, Federal Laws and the rest of applicable rules and regulations which may affect the use, transference or exchange of digital currencies and any operation at GAIAVAULT.

11.3 GAIAVAULT charges the following commissions for account management:

In the event that funds are sent to an account or address linked to an account that has been closed or is submitted incorrectily we will charge a fee upto 100 Euro. Any other prices can be obtained from  https://GAIAVAULT.com/pricing. In the event that the Fee to which GAIAVAULT is entitled is subject to Value Added Tax Law, or any other federal or local tax that may be incurred, the Fee that is caused will be deemed to include the corresponding tax.

11.4 Cross-Chain Recovery Fees: A deposit of one digital currency to a different or incompatible coin address is considered a cross-chain deposit. We will analyze and only attempt to recover deposits on a case by case basis. The recovery shall be requested within 10 days of said cross-chain deposit and will incurr in a reocvery fee of maximal 100 Euro. The User must pay to GAIAVAULT the applicable fees before we can process the recovery request.

11.4.a Recovering coins cross chain is an inherently dangerous and time-consuming process. Recovery success depends on which currency has been mistakenly sent to which address. Specific cross-chain deposit characteristics can influence difficulty, time and security risk involved.

11.4.b This policy does apply to any deposits sent to an address of another coin on another network. We will not recover coins or tokens we do not support on our site. Any attempted recovery will require the payment of a non-refundable fee, regardless of recovery efforts success.

11.4.c Payment of the cross-chain recovery fee does not guarantee in any way the success of said recovery attemtp. Regardless of whether it is a withdrawal or a funding, the origin or inprocedence of the recovery will be analyzed on a case-by-case basis. All cross-chain recovery fees are non-refundable. Not all deposits can be recovered. The time frame of recovery is at our entire discretion, according to our availability, although we will perform our best commercially reasonable efforts to perform the recovery.

11.5 In the event that the Fee to which GAIAVAULT is entitled is subject to Value Added Tax Law, or any other federal or local tax that may be incurred, the Fee that is caused will be deemed to include the corresponding tax.

12.- DISCLAIMERS

12.1 GAIAVAULT is a financial institution and we act in good faith and aim to provide the best services possible. We maintain an insurance fund in case of damages and use best practices to secure your assets, such as cold storage and seperated multisignature accounts.

12.2 GAIAVAULT is a financial institution that consists of a combination of multinational companies, composed of a Swedish trust, and a Singapore stored value facility and an Mexican investment company. GAIAVAULT only keeps a record of the amount of assets contained in each USER’s account and every incoming and outgoing transactions, exchanges, as well as transactions among the USER’s.

13.- INVESTMENT ADVICE

13.1 The USER acknowledges that all the decisions of purchasing and exchanging are made only by themselves. GAIAVAULT does not take any responsibility for these kinds of decisions. By operating in GAIAVAULT’s exchange or purchasing our products and services, you also accept that it does not create an investment advice relationship.

13.2 The USER acknowledges the following:

The risk of acquiring digital currencies is its, which may have big fluctuations on its price so the user acknowledges that this may cause them to incur substantial losses in a short period.

Digital currencies have no legal tender in any jurisdiction, nor any governmental support of any kind, so we offer no guarantee on the Digital Currencies’ liquidity.

The accounts in GAIAVAULT have insurances, but are especially in the beginning of our operations (autum 2018) limited.

Digital Currencies are not liquid and there could be no buyer or means to buy or sell them.

The law can change in any moment, which may have consequences on the use or storage of digital currencies, and this may also be forbidden.

The value of digital currency is determined by supply and demand, so GAIAVAULT has nothing to do with its price.

A transaction is considered as executed when they are confirmed on the Blockchain and not necessarily when the USER has initiated it.

Transactions in digital currencies can be irreversible and, consequently, the losses result of a fraudulent transaction or accidental may not be recoverable.

The price and liquidity of digital currencies has been subject of big fluctuations in the past and may be subject of big fluctuations in the future.

The underlying operating protocols of the Digital Currencies are subject to sudden changes in the rules of operation known as “Soft Forks”, “Hard Forks”, “Chain Splits” or any other substantial changes to the protocol and/or its consensus rules. Hard Forks or any other type of change in the protocol can substantially affect the value, functionality or operability of digital currencies

13.3 GAIAVAULT is not responsible for the operation and underlying protocols related to a network of digital currency and we do not guarantee their functionality or availability

In the event of any substantial change to the protocol (such as a Hard Fork), the USER agrees that we may temporarily suspend operations (with or without prior notice) and that we reserve the right to: (i) change the configuration of our systems, (ii) decide not to support one or more of the chains derived from the changed protocol. The USER acknowledges and accepts that we assume absolutely no responsibility with respect to an unsupported branch of a protocol that has been modified or forked.

In the event of a Hard Fork, Chain Split or any other substantial change to the protocol and/or its consensus rules, GAIAVAULT will take the following actions:

In case GAIAVAULT decides to support both versions of the protocol, we will try to maintain the availability of both Digital Currencies, which will referred to in this case as “split tokens”.

In case GAIAVAULT decides not to support any of the protocol chains or protocols, GAIAVAULT is not liable for maintaining the availability of the digital currencies in the unsupported chain.

In any case, GAIAVAULT may decide not to support any version of any chain or protocol. This decision may be temporary or permanent.

In any of the aforementioned cases, GAIAVAULT reserves the right, but will not be obliged, to publish on its page a statement with the specific description of the measures to be taken on a case-by-case basis.

13.4 Due to the above, through this Agreement you recognize yourself as the only one responsible to determine the nature, the potential value, suitability and adequacy of risks for you, and that GAIAVAULT does not give any advice or recommendations related to digital currency, including suitability or convenience of operating with Digital Currency. You acknowledge and accept your duty on accessing and using our Services and our Site at your own risk.

13.5 For more information, please check with thired parties sources, for example from your goverment focused on finance.

14.- USER ACCOUNTS:

14.1 GAIAVAULT is a multiple purpose financial company and GAIAVAULT does store customer funds as a trustee, regulated by Swedish law and registered with the repsective AML/CTF institution. Transactions and investments are made by their respective sister companies; a stored value facility in Singapore and an investment company in Mexico.

14.2 GAIAVAULT does not request or require our USERS to maintain resources in their accounts. If you are not going to use our services or perform any exchange operations or transactions, we ask you to refrain from using our platform. GAIAVAULT will may pay interest or any other accessory for the resources that it keeps in its possession on behalf of its clients. If you have questions about the risks involved in operating with Bitcoin or other Digital Currencies, please refer to section 13 of these Terms of Service.

14.3 When opening a USER’s account in GAIAVAULT, the USER must provide some registration data and information in order to verify its identity. Some of this information may contain personal, private or sensitive data. When completing the on-line registration form, you are affirming that the information provided by you is truthful, precise and up to date and you must complete what you are asked for in the registration form. You also accept to keep your Registration Data updated in order to maintain your information as verified, precise, updated and completed as long as you are a USER of GAIAVAULT.

14.4 In every funding, by any means, the USER must indicate its repsective accounts number in the reference. Incorrect account numbers may result in fees up to 100 Euro as mentioned in section 11.3.

14.5 The USER acknowledges that by the time he opens an account in GAIAVAULT, it is its responsibility to inform us of each change made in its information, including but not being limited to, changes in its address, telephone numbers, or any changes in another associated accounts to the Exchange and the Services provided by GAIAVAULT. If you provide any information which happens to be false, inaccurate, outdated or incomplete, or if any of our authorized agents suspect that the information provided by you is false, inaccurate, outdated or incomplete, GAIAVAULT has the right to suspend or cancel your account and deny you present or future use of the site and the Services provided by GAIAVAULT.

14.6 Funding from third-parties, that is, those originating from an account from a financial institution registered with a different name to the one registered in GAIAVAULT, are allowed but need to have the correct account number in the reference. The transfers must always be correct with the USER’s account number, otherwise it will charge fees or return the funds back to the originator.

14.7 GAIAVAULT only accepts funds through national and international electronic bank transfer, cash funding through bank deposits in Mexico, GAIAVAULT COUPONS, GAIAVAULT Transfers or Digital Currencies, this may change at any time.  GAIAVAULT may refuse to accept any other transfer by any other means.

14.8 GAIAVAULT will use your personal data in order to fulfill those obligations necessary for legal and commercial relationship derived from the use of our services, as well as to provide the best possible USER experience. For more information about the treatment and the rights you can assert, you can check the integral privacy policy in https://GAIAVAULT.com/privacy.

14.9 Finally, the USER acknowledges that he is responsible of any and every activity performed through its account. You commit to notify us immediately in case of a non-authorized use of your password or USER identification, as well as any other kind of violation of your security. We do not take any responsibility on non-authorized uses of your account and you accept that you are the only responsible person for any actions performed on your account.

15.- ACCOUNT CLOSURE

15.1 The USER can close its GAIAVAULT account at any moment, for which you must write us to support@gaiavault.com. The account will be closed once the USER has cancelled all the pending orders and retired all its funds from GAIAVAULT.

15.2 GAIAVAULT reserves the right to suspend, cancel or modify any aspect of the account. We may also change its availability at any moment with no prior notice. Besides we can suspend, modify, deactivate or cancel your account immediately and with no prior notice in these cases: (i) violation of any of the provisions contained in this Agreement; (ii) funding your account above your limits repeatedly and/or excessively (iii) a judicial order is issued to freeze your funds (iv) you or your accounts have some pending dispute, investigation or governmental procedure (v) we have a reasonable suspicion that you have violated our AML/CFT policy (vi) if your account remains inactive for at least two years (vii) funding your account through fraudulent techniques or procedures (viii) if we get to know that your funds come from crime; (ix) If, in GAIAVAULT’s reasonable opinion, your account interacts with fraudulent investment services or services offering unsustainable returns; (x) For any other reason for which GAIAVAULT considers that your account or your operations represent a risk to our business (xi) for any other cause on a reasonable basis under GAIAVAULT’s discretion.

15.3 If your account has been closed, we will send a notification to the e-mail address associated to your USER account, when the applicable laws permits it, as the case may be.

15.4 In the event that we close your account, you will have a period of up to 48 hours to withdraw your funds to another account or address of your preference. In case that your account still has funds after that period, GAIAVAULT reserves the right to carry Any of these actions: (i) send your Digital Currencies to an address that you have provided for that purpose; (ii) send your Digital Currencies to the most recent address that you have used; (iii) sell the Digital Currencies in your account at market price and send them to any CLABE account in your name that you have registered with us; (iv) sell the Digital Currencies in your account at market price and send them to the most recent bank account you have used to deposit. You may also be subject to an account management fee pursuant to clause 11.3.

16.- UNCLAIMED FUNDS

16.1 In the case of closure of your account in GAIAVAULT, any remaining funds in your GAIAVAULT account, as well as any digital currency will stay in your account as unclaimed property. If this happens, GAIAVAULT will make every reasonable effort to notify you of the situation in the registered e-mail address. If you don’t respond that notification within the next 48 hours, or as required by law, GAIAVAULT will dispose of the unclaimed funds according to the process described in clause 15.4. In case the USER did not register any account, it is probable that following the law, GAIAVAULT must give those funds to the competent authorities or to a charitable organization.

16.2 You should note that the Digital Currency addresses to which you have access by being a GAIAVAULT user are property of GAIAVAULT and can not be used as your own once you terminate your relationship with GAIAVAULT. It is not possible for GAIAVAULT to determine the ownership of funds deposited in these addresses once they are no longer associated with a user.

16.3 In the event that you make a deposit to GAIAVAULT addresses after the termination of your relationship with GAIAVAULT, you will have 72 business hours to claim such funds. The claim has a processing fee of 5% of the value of the claimed funds or 10 Euro, whichever is greater. In the event that you do not claim the funds within the allotted time, GAIAVAULT will carry out the process described in item 16.1 above.

16.4 You can designate a beneficiary in the “edit profile” section after login in your personal GAIAVAULT account. You can designate multiple beneficiaries or a single beneficiary. In case of deceasing of the USER, GAIAVAULT will deliver the remaining funds to the designated beneficiary, up to the amount allowed by law.

16.5 In every case, we require that the USER withdraw its funds when an account is closed, happens to be inactive, goes beyond the limits or the contractual relationship between GAIAVAULT and the USER has ended by any reason. In the event that the user does not withdraw their funds, GAIAVAULT will carry out any of the actions described in clause 15.4 above.

17.- SYSTEM ERRORS

17.1 Due to technological factors, scheduled maintenance or any other factors, out of or within our control, the Exchange or other services may be temporarily interrupted. You accept that we are not responsible for the damages resulting of that interruption.

17.2 The USER accepts that the right of reversing any operation done during an interruption on the service or an operational failure in the electronic communications, commercial facilities, storage facilities, recording mechanisms or any other components of the Exchange, is reserved by GAIAVAULT. Under these circumstances the operations will be reviewed case-by-case and GAIAVAULT will inform the USER through the e-mail address provided by the USER if any of its operations are in this situation

17.3 In no case, we will be responsible for any direct or indirect damage, including and not limiting to all loses, costs, expenses, profit losses, income losses or expectation of profit as a consequence of failure in the GAIAVAULT’s service. We are not responsible of any loss, damage or injuries suffered by anybody as a consequence of the access to our site.

17.4 GAIAVAULT constantly strives to prevent breaches of our security, but we may become victims of an infringement in which our clients’ funds could be affected. In the event that GAIAVAULT is victim of any event in which user funds are lost or stolen, GAIAVAULT will act as if it were placed in liquidation and its property would be equally distributed to its creditors. The losses will be distributed in a proportional way among all users, which will be reflected in the balance of each of our USERS. In the event of an event such as that described in this paragraph, GAIAVAULT will publish a statement indicating the steps to follow.

18.- MARKET MAKERS

18.1 We can involve one or more Market Makers, who can also be affiliated with us as liquidity providers. The Market Makers will have the opportunity, but not the obligation, to accept offers in a preferential way and in some cases that implies a better price.

19.- INTELLECTUAL PROPERTY RIGHTS

19.1 GAIAVAULT’s platform is a proprietary platform. We reserve all the rights over it and over any technology associated to it. Except for the dispensations stipulated in the usage agreement of our APIs, any creation, idea, invention, improvement, know-how, concept, algorithm, protocol, data, processes, procedures, methods, techniques, formula, systems, tools, composition, codes, software, prototypes, documents, components or any other information of GAIAVAULT’s authorship, be patentable or not, or susceptible of being under the protection of any copyright, or any kind of industrial or intellectual rights, are property of GAIAVAULT.

19.2 Likewise, any derived work, presented as a description and not as a restriction, such as a translation, modification, improvement, personalization, adaptation, compilation or any other kind of product whose origin be an element from our platform will be property of GAIAVAULT, so we do not grant any kind of license or permission to produce a derived work. In that case, any derived production will be also property of GAIAVAULT.

19.3 All materials on the site and any other website property, operated, licensed or controlled by us is private information and also intellectual property of GAIAVAULT or its associated companies, so we reserve all the rights over them. All materials included on the site, including but not limited to compilations of data and software are property of GAIAVAULT associated companies and subsidiaries and are protected by the copyright laws.

20.- ADDITIONAL PROVISIONS

20.1 By virtue of using the GAIAVAULT website or requesting or receiving the services of GAIAVAULT, each of the USERS declare that (i) is in full capacity to accept and comply with these Terms of Use, (ii) compliance with these Terms Use does not contravene any provision that is applicable to you or any contract or agreement of which you are a party, (iii) you have obtained and are in effect any necessary authorization to comply with these Terms of Use, (iv) you are not a party to any litigation or dispute that may have adverse effects with respect to its obligations under these Terms of Use,(v) these Terms of Use constitute valid and enforceable obligations against you, in accordance with these terms.

20.2 Each user who accesses the GAIAVAULT website or who receives services from GAIAVAULT, is obliged to indemnify and relief GAIAVAULT from any loss or damage affecting GAIAVAULT, as a consequence of any act, act or omission of the GAIAVAULT USER related to accessing the GAIAVAULT website or with the services provided by GAIAVAULT and agrees that in order to recover from said damages GAIAVAULT may use any funds found in any USER account or exercise our rights against the USER in accordance with the applicable legislation.

20.3 The terms established in this Agreement govern the use of GAIAVAULT and the services provided by it. By clicking on “ACCEPT”, you accept that you shall be bound by the terms of this Agreement and you acknowledge that you have received and understood the provisions stablished in this document. If you don’t agree with the Terms of this Agreement, don’t click on “ACCEPT” and please, don’t visit, enter or use GAIAVAULT or the services provided on it.

20.4 If any provision of this article is not valid or not demandable under applicable law, the rest of provisions will remain in full force and effect.

20.5 This Agreement constitutes a full agreement between you and GAIAVAULT according to the use or the participation of any other services provided in this site. This Agreement replaces any other agreement, oral or written, according to that participation between you and GAIAVAULT.

20.6 If GAIAVAULT does not insist in the fulfilment of any term or provision in this agreement, that will not be interpreted as a renunciation of any posterior judgement in order to fulfil that term or provision.

20.7 The rights and obligations pursuant in this Agreement cannot be transferred by you, but we reserve the right to transfer or assign the information collected about you as a part of a fusion, acquisition, sale or any other change in our management.

20.8 The provisions on this Agreement will survive the ending or termination of this Agreement.

20.9 In order to interpret, fulfil and execute this Agreement, both parties agree on applying the law from Sweden, Germany, Singapore and the United States of Mexico, and they are submitted to the competence of the courts their Governments, renouncing in this proceeding to those that can correspond whether by law, jurisdiction or residence.

20.10 The USER acknowledges that a printed version of this Agreement will be valid as evidence in legal or administrative procedures and the titles of the sections of this Agreement are redacted only for convenience and not in order to rule the meaning or interpretation of any provision of this agreement.

20.11 Even if this agreement is available in other languages, the meaning of the terms, conditions and representations in this document are still subject to its definitions in the English language, which is the agreement that governs this relationship.

20.12 In order of both parties to agree, this Agreement will possibly be executed in electronic form or via facsimile; the copy owned by any party, whether be electronic, scanned, or via digital or facsimile will be considered as original, and the set of two will constitute a binding agreement for both parties.

20.13 The USER manifests that he has read the conditions and clauses of this contract signed by him and he also understands its obligations and rights resulting of it, assuming every responsibility with its acceptance

 

 

 

CONTACT INFORMATION

The Seller of this product is:

Mailing address:

GaiaVault KB

Postfack 1149

116 74 Stockholm

Sweden

Contact Email: contact@gaiavault.com, All Rights Reserved.

Version from date: 01.09.2018