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Terms and conditions
As part of our service, we ask you please read our terms and conditions below.
MUGANO Terms & Conditions LAST UPDATED: 2022
These Terms & Conditions ("Terms") form a legally binding agreement between you (“yourself”, "you", "your" or the "user"), in your capacity as a natural person or as an authorized representative acting on behalf of a legal entity, and Mugano Capital ("Mugano", "we", "us", or “our”). Mugano is a company incorporated in Lithuania with incorporation number 306081948 and whose registered seat is in Vilnius.[SS1]
Please read these Terms carefully. These Terms govern your access to and use of the Mugano exchange (the "Platform") which allows you to purchase, sell, trade, and store Cryptoassets (and, from time to time, fiat money) (collectively, the "Services"). Submitting a request to register a User Account or otherwise accessing or using the Platform and the Services will constitute your acceptance of the Terms and the policies and guidelines referenced in these Terms.
As a consumer, you have the right to withdraw from the Terms without giving a reason within 14 days from the date of entry into these Terms, by submitting a notice of withdrawal at Support@mugano.com. You may also terminate our contractual relationship, and your Verified Account, in accordance with section 5 (Closing your Account) below.
We may make changes to the Terms. We may notify you of changes to the Terms; however, it is your responsibility to read the Terms, as updated from time to time. Your continued access to the Platform and use of the Services confirms your acceptance of the changes.
WE DRAW YOUR ATTENTION TO THE RISK DISCLOSURES AT SECTION 2 AND DISCLAIMERS AT SECTION 16.
Definitions & Interpretation
“Account” refers to a User Account, Verified Account, OR an Inactive Account.
“Accounts” refers to Users Accounts, Verified Accounts, AND Inactive Accounts.
“Cryptoassets” refers to cryptographic assets recorded by way of distributed ledger technology that are supported on the Platform from time to time.
“Fees” refers to costs and charges applicable to your use of the Services, as more particularly detailed on the Platform from time to time.
“Illicit Activities” refers to the list of activities set out in the Schedule.
“Registered User” refers to a person that holds a Verified Account on the Platform in its own name.
Section, Schedule, and paragraph headings shall not affect the interpretation of the Terms. The Schedules form part of the Terms and shall have effect as if set out in full in the body of the Terms. Any reference to the Terms includes the Schedules. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular. Any obligation on a party not to do something includes an obligation not to allow that thing to be done. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1. Conditions on access to the Platform and use of the Services
You must acknowledge, understand, and agree to these Terms before accessing the Platform and the Services. To access the Platform and use the Services, you must be able to enter into a legally binding agreement with us. If you cannot enter into a binding agreement with us or do not agree to the Terms, you may not access and/or otherwise use the Platform and the Services.
You must be at least 18 years old and have reached the legal age of consent in your jurisdiction of residence to access the Platform and use the Service. You may only access and use the Platform and the Services if doing so is not prohibited or otherwise restricted in your jurisdiction. Accessto the Platform and the Services may be limited to specific jurisdictions, and we do not represent that the Platform and the Services are appropriate for use in your jurisdiction. Your ability to access the Platform and use the Services may also be restricted if you travel or relocate to a jurisdiction where access to the Platform and the Services is restricted.
You are solely responsible for ensuring that your access to the Platform and use of the Services is compliant with any law, regulation, or rule applicable to the use of the Services (“Applicable Law”) in your jurisdiction of residence or where you choose to access the Platform, including but not limited to access via virtual private networks.
We may provide information relating to Cryptoassets through the Platform from time to time. You acknowledge and understand that any such information does not constitute or represent financial advice, investment advice, or a solicitation or indication that using the Services suits your financial situation and risk tolerance.
By accessing the Platform and by using the Services, you warrant to us and undertake that you:
i. agree to the enter into the Terms with us;
ii. are at least 18 years old (and have reached the legal age of consent in your country of residence), and that you are of sound mind and able to enter into a legal binding agreement with us in the form of the Terms;
iii. you are compliant with Applicable Law and that you are not accessing or using the Platform and the Services in connection with Illicit Activities;
iv. acknowledge, understand, and agree that information provided through the Platform and the Services does not constitute or represent financial advice, investment advice, or a solicitation or indication that using the Services is suitable to your financial situation and risk tolerance, and that you will carry out research (and seek professional advice) to determine whether using the Services is suitable to your circumstances;
v. acknowledge and understand the risk set out in section 2 (Risk Disclosure) and agree (to the fullest extent permitted by law) that Mugano will not be responsible or liable for the materialization of any such risk;
vi. acknowledge and understand the disclaimers and agree to the limitations of liability set out under in section 16 (Disclaimers & Limitation of Liability);
vii. acknowledge, understand, and agree that you are solely responsible for ensuring that any information provided to us is and remains true, accurate, and complete at all times;
viii. will not infringe intellectual property rights belonging to others, including copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person when accessing and using the Platform and the Services, or when providing us with information which we (or third parties acting on our behalf) may request from you from time to time in accordance with the Terms; and
ix. acknowledge, understand, and agree that certain activities on the Platform and the use of certain Services may result in Fees, and you authorize Mugano (or the third-party acting on our behalf) to apply and collect Fees that are applicable directly from the transfers and/or from the available balance on your Verified Account.
(each a “Condition”, and collectively referred to as the “Conditions”).
2. Risk Disclosure
Please consider the following risk factors before using any part of the Platform and the Services and before buying, selling and/or trading Cryptoassets. The value of Cryptoassets and your ability to access, purchase, sell and/or trade Cryptoassets could be materially and adversely affected if any of these risk factors materialize. As a result, when you use the Platform and Services, you expose yourself to considerable risk and potential financial losses.
Risk associated with Cryptoassets include but is not limited to the following:
Unregulated Market. Mugano does not currently operate in a fully regulated industry. Therefore, please be aware that when you buy Cryptoassets, you are not protected under financial compensation schemes and protections that are normally afforded to investors when dealing with regulated entities that are authorized to operate as financial services firms.
Price Volatility. The price of Cryptoassets can be subject to dramatic fluctuations and high volatility due to the rapid shifts in offer and demand resulting from events such as but not limited to: (a) good or bad publicity, (b) changes in the financial technology industry, (c) technological advancement, (d) market trends, (e) general economic and/or political conditions, (f) degree of adoption, (g) degree of institutional support, (h) regulatory measures, (i) degree of government support, (l) market dynamics, (m) trading activities, (n) hacking, and (o) events affecting large service providers, including exchanges.
Tax liability. The tax characterization of Cryptoassets is complex and partly uncertain. The uncertainty in the tax treatment of Cryptoassets may expose you to unforeseen future tax consequences associated with purchasing, owning, selling or otherwise using Cryptoassets. You should seek tax advice to understand what tax obligations apply to you when purchasing, holding, transferring, and utilizing Cryptoassets. Failure to comply with your tax obligations could result in severe fines and even criminal liabilities.
Changes in laws and regulations. The legal and regulatory framework applicable to Cryptoassets and distributed ledger technology is uncertain, not harmonized, and unsettled in many jurisdictions. It is difficult to predict what framework will become applicable to Cryptoassets in the near future and how the implementation of dedicated legal and/or regulatory frameworks will affect the price of Cryptoassets. A newly introduced legal and regulatory framework may interfere with or otherwise limit your ability to hold or dispose of your Cryptoassets, which in turn could result in a financial loss on your part.
Distributed Ledger Technology. Cryptoassets are recorded on distributed ledgers (typically shared across networks of users), which are governed by, subject to, and distinguished by different rules known as protocols. Protocols can be subject to the risk of malfunction, breakdown and/or abandonment by the network. The materialization of any such risk can severely affect the price of the Cryptoassets and your ability to dispose of the Cryptoassets (especially where consensus mechanisms rely on network participation). In addition, bad actors may attempt to interfere with the protocols of the Cryptoassets in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, sybil attacks, smurfing, and spoofing. For example, consensus mechanisms used for the approval of transactions are susceptible to attacks at the stage of validation, where the Cryptoassets transaction is approved by the network. This may affect the accuracy of transactions occurring on the protocol, and result in your Cryptoassets being misappropriated (this practice is referred to as double-spending attacks). Furthermore, some protocols are based on open-source software and, as a result, subject to the risk of weakness being introduced to the protocols at the development stage. These malfunctions can be used by bad actors to misappropriate your Cryptoassets, or otherwise affect the functionality of the protocol and of your ability to dispose of your Cryptoassets.
3. Opening of Accounts
Subject to your ability to your compliance with the Terms, and provided you do not already hold an Account, when you access the Platform you will be able to register an account with us (“User Account”). If you decide to do so, you will be prompted to insert your preferred email address and to set up a unique password (“Password”). You are solely responsible for the safety of the Password that is associated with your Account, including its proper management and safety, and for the implementation and adoption of security measures, including those that we may make available to you from time to time (including, for example, two-factor authentication).
Note that, to access and use the Services, you must first undergo the Verification Process set out in section 4 (Identification). If we are satisfied with the content of the information provided to us (or to third parties acting on our behalf) during the Verification Process, we may decide to provide you with access to the Services by upgrading your User Account to a verified account (“Verified Account”).
We reserve the right in our sole discretion to reject requests for the opening or upgrade of Accounts and to suspend or terminate Accounts at any time, without notice, and without incurring liability of any kind.
In order to operate your Account, you may be required to hold valid customer accounts with third party service providers, as may be set out on the Platform from time to time. We are not liable for the acts or omissions of such services providers and do not endorse such service providers.
4. Identification
We want to ensure that the Platform is safe for our users and that the Services are not used in connection with Illicit Activities. We are also under the obligation to identify the users of our Services to prevent money laundering activities and the financing of terrorism through our Platform and Services (“AML Risk”).
Therefore, you will need to provide us (or the third-party acting on our behalf) with certain information when you submit a request to upgrade your User Account to a Verified Account (“Request”), which we will use to identify you and to assess whether your use of the Services is likely to be made in connection with Illicit Activities or result in AML Risk (“Verification Process”).
You must provide us (and the third-party acting on our behalf) with true, accurate, and complete information, and it is your responsibility to ensure that any information you provide is and remains true, accurate and complete at all times for as long as you hold an Account with us.
If you are submitting a Request as an individual natural person, you will need to provide (us or the third-party acting on our behalf) with your legal name, your country of residence, a valid ID document (for example, a copy of a validly issued passport, driving licence, or identity card), a proof of address in the form of a bank statement or utility bill (not older than 3 months), and contact details.
If instead you are submitting the Request on behalf of a legal entity, as an authorized representative of the legal entity, you will need to provide us (or the third-party acting on our behalf) with the name of the legal entity, the tax identification number, the country of incorporation, and any other information we may reasonably request from you from time to time.
We (or the third-party acting on our behalf) may ask for additional information from you as part of the Verification Process. Your Request will be automatically rejected if you fail to provide us (or the third-party acting on our behalf) with the information that was requested from you, or if we find that the content of any information you have provided is not to our satisfaction.
Our Verification Process may be changed at our absolute discretion.
Note that if we decide to reject your Request, we will not be under the obligation to provide you with any information on the reasons behind such a decision. You understand that the reason behind the decision to reject your Request may derive from the application of our internal risks policies to your Request, and that such risk policies are confidential.
We may request you to undergo a new Verification Process from time to time or on a periodic basis by notifying you using the contact details associated with your Verified Account. Your Verified Account will be suspended if you fail to respond and meet our request within the timeframes we set out in our notification, until you meet our request and undergo the Verification Process successfully, or until your Verified Account is otherwise terminated – see section 5 (Suspension and Termination of Accounts)).
5. Closing your Account
You may request the closing of your Account at any time by providing us with 30 days’ notice at the following email address: support@mugano.com The period of notice shall be calculated from the date of your withdrawal of all funds from the Verified Account. If it is impossible to withdraw or return all funds, the notice period shall be calculated from the last day of the month when the termination notice was provided by the Registered User.
Closing your Account may require you to undergo a Verification Process, particularly if you submit a request to close an Account while the Account is suspended.
If we approve the closing of your Account, you will be prompted to cease your use of the Services and to withdraw all Cryptoassets and fiat money currently held on your Account within 10 days. Please refer to section 10 (Outstanding funds on Account) below, to learn more about how we deal with outstanding funds, including in the event you fail to withdraw funds in accordance with this section 5.
6. Inactive Accounts
If we register no activity on your Verified Account for a period of 12 months or more, we may decide to downgrade it to an inactive account and restrict access to the Services until you undergo a new Verification Process (“Inactive Account”).
If you successfully undergo the Verification Process, your account will be reinstated to a Verified Account. If instead you are not successful in the Verification Process, we may decide to terminate your Account. For more on termination of Accounts see section 7 (Suspension and Termination of Accounts).
7. Suspension and Termination of Accounts
We may decide to restrict, limit, suspend, or otherwise terminate your Account at any time and at our sole discretion, without notice (although we endeavor to provide you with notice unless we are restricted from doing so), without incurring in liability of any kind, including where:
i. you violate or we have reasons to believe that you have violated the Terms;
ii. you fail to provide us (or the third-party acting on our behalf) with the information we requested under the relevant Verification Process;
iii. you fail to respond and meet our request to undergo additional Verification Processes in accordance with applicable timeframes;
iv. we become aware of or have reasons to believe that your Account is likely to result in AML Risk or to be used in connection with Illicit Activities;
v. we are instructed to do so by a person, governmental, or non-governmental body acting under the authority of applicable laws and/or regulations, or if your Account becomes subject to any litigation, investigation, and legal/ regulatory proceeding; and
vi. if, for any reason, we become unable to continue our provision of the Platform and/or the Services.
If we decide to suspend, or otherwise terminate your account, and subject to our ability to do so in compliance with applicable laws and regulations, we will provide you with a notice and instructions relating to the withdrawal of outstand funds (whether Cryptoassets or fiat money) associated to your Verified Account.
Please refer to section 18 (Request for Support & Complaints) if you wish to request support or file a formal complaint regarding the suspension or termination of your Account.
8. Death or Incapacity
Legal heirs (and their authorized representatives) can contact us at support@mugano.com if they wish to prove beneficial title over an Account registered in the name of a Registered User that has died or has become incapacitated. Note that we will require evidence before allowing any person other than the Registered User to withdraw any amount from the relevant Account and that we will not provide access to the Account (until and unless we are fully satisfied with the evidence provided.
9. Delisting
Subject to compliance with applicable laws and regulation, if, due to technical, economical, regulatory reasons, or business conditions of Mugano fiat money cannot be withdrawn (for example if Mugano becomes unable to access bank accounts allowing it to keep such fiat money), the equivalent of fiat money on a Registered User Account shall be paid in Bitcoin to the address indicated by the relevant Registered User. The equivalent value of fiat money shall be calculated based on prices published on www.blockchain.com on the day Registered User indicates the address referred to in the previous sentence.
Furthermore, due to unforeseen circumstances or the decision of Mugano, any Cryptoasset or fiat money which turnover, deposits and withdrawals are allowed on the Platform may be delisted or otherwise removed from the Services (“Delist”, “Delisting”, or “Delisted”). Delisting of a fiat money shall take place only if technical, economical, or business conditions deem it impossible or not cost-effective to sustain such fiat money. Delisting of any Cryptoasset shall take place at the sole discretion of Mugano. Mugano shall not be obliged to state its reasons for Delisting of a Cryptoassets.
Mugano endeavors to announce the plan to Delist a Cryptoasset or fiat money by providing you with at least two weeks’ notice (14 days). However, the period between the announcement and the Delisting may be shortened due to extraordinary circumstances beyond our control. After this period, the Platform and the Services will no longer support the Delisted Cryptoassets and/or fiat money, and all existing transactions relating to such Cryptoassets, or fiat money will be cancelled.
You are obliged to order the withdrawal of Delisted Cryptocurrency, or fiat money, within 1 month from receiving the notice of Delisting. If you fail to do so, we will automatically transfer the Delisted Cryptoassets or fiat money to the relevant wallet address or bank account associated with your Verified Account.[SS1]
Delisted Cryptocurrency that cannot be withdrawn by the User due to objective technical impossibilities (for example, due to the collapse of the network of a Delisted Cryptoasset) shall be deleted. In such case, you acknowledge, understand, and agree that we shall not be held responsible, and that you shall have no right to claim an equivalent amount of value from us.
We may also decide, in our sole discretion, to stop supporting a particular trading pair without Delisting the Cryptoasset or fiat money associated with such training pair.
You acknowledge, understand, and agree that we shall not be responsible for Delisting Cryptoassets and fiat money, or trading pairs, from our Platform.
10. Outstanding funds on Account
Where a Registered User does not order the withdrawal of Cryptoassets and/or fiat money in accordance with our instructions and/or with these Terms and within the indicated timeframe, such funds shall be stored by the Mugano on a negatively interest-bearing deposit account, where the monthly interest rate is minus 10% of the initial value of the deposit, until the Registered User orders the withdrawal. Additional fees for deposit services may be charged .
11. The Services
Custody Services. Subject to your compliance with the Terms and our discretion, we will provide you custody services by allowing you to hold Cryptoassets and, from time to time and subject to our discretion, representations of fiat money on your Verified Account. Note that we make no representation nor give any warranty regarding the safety and availability of funds you store on your Verified Account. Please note that we are not subject to obligations related to minimum capital requirements or required to secure insurance to protect your Cryptoassets under deposit compensation schemes. Therefore, Cryptoassets held on your Verified Account are subject to considerable risk as described under section 2 (Risk Disclosure). We shall not be liable for any loss resulting from your use of the Custody Services.
Account Information. You will be able to visualise the amount of Cryptoassets and fiat money attributed to your Verified Account, as well as all past, pending, and undergoing transactions for deposits, withdrawals, and trades to and from your Verified Account directly through the Platform.
Deposits. Obtaining a Verified Account will provide you with a unique address for each Cryptoasset (“Wallet Address”), and bank details and reference number for each fiat money currency (“Fiat Account”).
Subject to our internal verification processes and procedures, you may: (a) deposit Cryptoassets into your Verified Account from external cryptographic wallets belonging to you using your Wallet Address; and (b) effect bank transfers to your Fiat Account from a bank account registered in your name.
We may decide, in our sole discretion, to set upper and lower limits on deposits, and to set different limits for each Cryptoasset and fiat money currency. We may also decide, always in our sole discretion, to hold and request further information from you in relation to a deposit or reject and reverse any deposit returning the amount (deducted of any applicable transaction or network fees) to the account from which the deposit was first issued (“Issuing Account”).
Provided the following is not caused by our use of incorrect information, we accept no responsibility for any amount that may be lost because of our decision to reject and reverse a deposit, particularly where the loss is caused by factors that are beyond our control.
Following a successful deposit transaction, your Verified Account will show an amount equivalent to that which you have deposited against the relevant class of Cryptoasset or fiat money currency. Please ensure that you are using the correct Wallet Address or Fiat Account when you effect deposits of Cryptoassets and fiat money into your Verified Account.
Using an incorrect Wallet Address is almost certain to result in the permanent loss of the Cryptoassets you transfer. The decentralised nature of distributed ledger technology makes it impossible for us (and for anyone other than the holder of the Incorrect Address, if any) to reverse, cancel, undo, or otherwise alter any transaction and/or transfer. You are solely responsible for any transaction to your Verified Account.
Withdrawals. Subject to our internal verification processes and procedures and to the application of Fees to withdrawal transactions (including transaction fees), you may withdraw Cryptoassets and fiat money from your Verified Account to external wallets belonging to you. We may decide, in our sole discretion, to set upper and lower limits on withdrawals, and to set different limits for each Cryptoasset. We may also decide, always in our sole discretion, to request further information before allowing you to withdraw (particularly where the amount you want to withdraw exceeds certain thresholds), or reject requests for withdrawals, particularly if we have reasons to believe that your request for withdrawal violates the Terms. You are solely responsible for ensuring that the information you use for withdrawals is accurate. Using an Incorrect Address is almost certain to result in the permanent loss of the Cryptoassets you intended to withdraw. The decentralised nature of distributed ledger technology makes it impossible for us (and for anyone other than the holder of the Incorrect Address, if any) to reverse, cancel, undo, or otherwise alter any transaction and/or transfer. You are solely responsible for any transaction from your Verified Account.
Fiat Money Services. The Platform may allow you, from time to time subject to Mugano’s discretion, to transfer fiat money into your Verified Account, and to purchase Cryptoassets for fiat money on your Verified Account.
You further acknowledge and understand that your access to and use of Fiat Money Services may be governed by and subject to your entry into the terms and conditions provided by certain third parties services provider (“FMS Service Providers”) which services we may integrate in the Platform for the purposes of simplifying access to Fiat Money Services (“FMS Terms”). You are solely responsible for your compliance with the FMS Terms, and understand that such FMS Terms may:
i. place certain conditions or require you to undergo certain verification processes before giving you the ability to access and use the Fiat Money Services;
ii. limit, restrict, or refuse to provide you with access to the Fiat Money Services; and
iii. request you to use qualifying payment methods for the Fiat Money Services, which may be different from those use on the Platform.
You agree that Mugano shall not be held responsible or liable for any failure on your part to comply with the FMS Terms.
We may transfer data relating to you to the FMS Service Providers to facilitate your access to and use of the Fiat Money Services in accordance with our Privacy Policy. For more information on how we use your data, please see section 14 (Personal Information).
TradingServices. Subject to our discretion, to your compliance with the Terms, and the application and collection of Fees, we facilitate and provide you with the ability to exchange Cryptoassets directly on the Platform by matching and executing your order with our orders, or with the order of another Registered User.
We retain the rights to refuse, accept, cancel, or suspend your requests for transactions (including requests to effect deposits, withdrawals, and trades) at any time, in accordance with our sole discretion, without notice, and without incurring in liability of any kind.
12. Listing your Cryptoassets on the Platform
If you wish to submit a request to list and support your cryptographic assets on our Platform, please submit a request using the listing request form, as available at mugano.com/contact-us.
13. Intellectual Property Rights
The Platform and the Services, their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Mugano, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, reverse engineer, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on and in our Platform and in our Services, except where your computer or access device temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and where your Web browser automatically caches store files for display enhancement purposes.
Nothing in the Terms grants you or any other person or entity any legal rights in the Platform and the Services other than as strictly necessary to enable you to access and use the Platform and the Services in accordance with the Terms. The licence granted under this section shall automatically terminate if you violate the Terms and/or when we decide to suspend or terminate your Account. For more information on suspension and termination of Accounts, refer to section 7 (Suspension and Termination of Accounts).
You warrant that you are entitled to and have all necessary rights to the content, information or data that you provide us from time to time.
If you wish to make any use of material on the Platform and the Services other than that set out in this section, please address your request to support@mugano.com.
14. Personal Information
All personal information will be collected and processed in accordance with our privacy policy, as available at mugano.com/privacypolicy (“Privacy Policy”). Please review our Privacy Policy to understand how we will use your personal data.
15. Links & Connected Services
You may not frame the Platform or the Services on any other website or platform, but you may link to our home page, provided: (a) you do so in a way that is permitted, fair and legal and does not damage our reputation or take advantage of it, and (b) you do not suggest endorsement or association on our part (unless we agreed to it in writing). We reserve the right to withdraw the linking permission without notice.
Where our Platform and Services contain links to other sites and resources provided by third parties, these links are provided for your information only. Unless we expressly say so, such links should not be interpreted as approval by us of those linked sites or information you may obtain from them. We have no control over the contents of those sites or resources. Any connected services included in this site are provided “AS IS” and “AS AVAILABLE” without any warranty of any kind.
We may incorporate third-party services into the Platform (“Connected Services”), using APIs, iFrames, or by directing you to the platform of the relevant third-party services providers (“Connected Service Providers”). You acknowledge, understand, and agree that your access to and use of any Connected Service is governed by and subject to your entry into the terms and conditions provided to you by the relevant Connected Service Provider (“Connected Service Terms”).
You are solely responsible for your compliance with the Connected Service Terms. To the fullest extent permitted by law, you agree that Mugano shall not be responsible or liable for anything arising from or in connection with your access to and use of Connected Services.
16. Disclaimers & Limitation of Liability
NOTWITHSTANDING ANY SUGGESTION TO THE CONTRARY, AND SUBJECT TO APPLICABLE LAW, YOU UNDERSTAND THAT WE DO NOT GUARANTEE THAT THE PLATFORM AND THE SERVICES WILL ALWAYS BE AVAILABLE OR BE UNINTERRUPTED, THAT WE MAY SUSPEND, WITHDRAW, OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM AND SERVICES FOR BUSINESS AND OPERATIONAL REASONS (ALTOUGH WE WILL TRY TO GIVE YOU REASONABLE NOTICE OF ANY SUSPENSION OR WITHDRAWAL), AND THAT THE PLATFORM AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES OF ANY KIND. AS SUCH, WE SHALL NOT BE LIABLE FOR ANY LOSS OR OTHER FORM OF LIABILITY RESULTING FROM YOUR INABILITY TO ACCESS THE PLATFORM OR FROM YOUR ACCESS TO AND USE OF TH PLATFORM AND THE SERVICES.
WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR OTHER FORM OF LIABILITY RESULTING FROM OR IN CONNECTION WITH OUR DECISION TO SUSPEND OR TERMINATE YOUR ACCOUNT, OR FOR REFUSING, ACCEPTING, CANCELLING, OR SUSPENDING YOUR REQUESTS FOR TRANSACTIONS (INCLUDING REQUESTS TO EFFECT DEPOSITS, WITHDRAWALS, AND TRADES).
CRYPTOASSETS ARE HIGH-RISK ASSETS, AND YOU SHOULD NEVER USE FUNDS THAT YOU CANNOT AFFORD TO LOSE TO PURCHASE CRYPTOASSETS. AS A RESULT OF PRICE VOLATILITY, YOUR CRYPTOASSETS MAY LOSE ALL VALUE AND BECOME WORTHLESS. WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS INCURRED BY YOU AS A RESULT OF THE INHERENT PRICE-VOLATILITY OF CRYPTOASSETS.
WE ARE NOT RESPONSIBLE FOR ANY LOSS OR OTHER FORM OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY NEWLY INTRODUCED LEGAL AND/OR REGULATORY FRAMEWORK OR FROM YOUR FAILURE TO COMPLY WITH ANY TAX LIABILITY THAT IS OR WILL BE APPLICABLE TO YOU.
WE DO NOT HAVE CONTROL OVER DISTRIBUTED LEDGERS AND PROTOCOLS ON WHICH CRYPTOASSETS MADE AVAILABLE THROUGH THE PLATFORM ARE BASED. AS SUCH, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS ARISING OUT OF OR IN CONNECTION WITH THE PROTOCOLS.
WE HAVE NO CONTROL OVER THE PROVISION AND YOUR USE OF CONNECTED SERVICES. AS SUCH, WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR OTHER FORM OF LIABILITY CAUSED BY A CONNECTED SERVICES PROVIDER OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF CONNECTED SERVICES.
WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR OTHER FORM OF LIABILITY RESULTING FROM OR IN CONNECTION WITH ACTS BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION: (A) ACTS OF GOD; (B) FLOOD, FIRE, EARTHQUAKE, OR EXPLOSION; (C) WAR, INVASION, HOSTILITIES (WHETHER WAR IS DECLARED OR NOT), TERRORIST THREATS OR ACTS, RIOT, OR OTHER CIVIL UNREST; (D) GOVERNMENT ORDER OR LAW; (E) ACTIONS, EMBARGOES, OR BLOCKADES; (F) ACTION BY ANY GOVERNMENTAL AUTHORITY; (G) NATIONAL OR REGIONAL EMERGENCY; (H) STRIKES, LABOUR STOPPAGES OR SLOWDOWNS, OR OTHER INDUSTRIAL DISTURBANCES ;(I) SHORTAGE OF ADEQUATE POWER OR TRANSPORTATION FACILITIES.
NOTE THAT THE DISCLAIMERS INCLUDED UNDER THIS SECTION SHALL NOT BE TAKEN TO ENCOMPASS ALL RISKS INVOLVED IN THE PURCHASE, SALE, TRADING, HOLDING AND USE OF CRYPTOASSETS, AND THAT SUBJECT ALWAYS TO OUR LEGAL AND REGULATORY OBLIGATIONS, WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS SUFFERED BY YOU AS A RESULT OF UNANTICIPATED RISKS.
SUBJECT TO APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES SHALL BE $0 (ZERO) OR THE TOTAL AMOUNT OF FEES PAID BY YOU TO US DURING THE ONBOARDING PERIOD PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY, WHICHEVER IS LOWER.
17. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Mugano, its affiliates and their respective directors, officers, employees and agents from and against any and all third-party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from your access to and use of the Platform and the Services in violation of these Terms.
18. Request for Support & Complaints
If you wish to submit a support request, please do not hesitate to contact us directly at the following email address [INSERT]. Our goal is to respond to any support request within 24-48HRS.
If you wish to issue a formal complaint, please submit a complaint form, as available at MUGANO.COM/CONTACTUS. Our goal is to respond to any complaints within 24-48HRS.[SS1]
We endevour to confirm the receipt of any complaint within 1 working day (which include any day other than a Saturday, Sunday or public holiday in Lithuania). Complaints will be considered on the basis of information provided by by you in accordance in the complaint form.
We endevour to consider the complaint immediately, and no later than within 15 working days (which include any day other than a Saturday, Sunday or public holiday in Lithuania) from the date of receipt of the complaint by us, and we will provide you with notice if we explect the review of the complaint to require more than 15 working days. Within this period, we will confirm whether (via e-mail or the relevant website through which you issued the complaint form):
(a) to accept the complaint in the manner requested by you;
(b) to reject the complaint together with the reasons for such a decision; or
(c) alternative handling of the complaint.
After receiving the proposal specified above, you will have 20 working days (which include any day other than a Saturday, Sunday or public holiday in Lithuania) to accept or reject our proposal. Failure to reply to our proposal within 20 working days will be deemed as a withdrawal of the complaint, and an acknolwedgement and agreement by you that Mugano shall not bear any responsibility towards you in relation to the subject matter of the complaint.
If instead you reject our proposal within 20 working days (which include any day other than a Saturday, Sunday or public holiday in Lithuania) in accordance with section 18(a) above, you will be entitled to submit a justification for your rejection within 20 working days from the date of your rejection (which include any day other than a Saturday, Sunday or public holiday in Lithuania). Failure to state reasons for such rejection within the aforementioned period shall be deemed to constitute withdrawal of the complaint, and an acknolwedgement and agreement by you that Mugano shall not bear any responsibility towards you in relation to the subject matter of the complaint.
An offer of the alternative handling of the complaint described in section 18(c) above, shall become a binding agreement between us, governing the relevant complaint, upon your written acceptance of our proposed solution. Any offer from us to engage in an alternative handling complain process shall not be taken to constitute an acknowledgement by us of any misconduct or responsibility related to the subject matter of the complaint.
19. No Partnership, Joint Venture or Agency
Nothing in these Terms is intended to, or shall be deemed to, establish any partnership, joint venture, agency, or employment relationship between you (or a Connected Service) and Mugano. Nothing in these Terms shall authorize you (or any Connected Service) to make or enter into any commitments or make any representation on our behalf.
You also confirm that in entering these Terms, you are acting on your own behalf or, subject to applicable laws, on behalf of a legal entity and not for the benefit of any other person.
21. General
Notices. Any notice, request, or other communication given by one of us to the other under or in connection with the Terms must be in writing and sent by email. In providing you with any such communication, we will use the email address associated with your Account. A notice or other communication is deemed to have been received on the next working day after transmission. The provisions of this section will not apply to the service of any proceedings or other documents in any legal action.
Assignment and transfer. We may assign or transfer our rights and obligations under the Terms to another entity, but we will notify you if this happens. You may not assign or transfer your rights or your obligations under the Terms to any other person.
Waiver. If we do not insist that you perform any of your obligations under the Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Third party rights. The Terms represent a binding agreement between you and Mugano. No other person has any rights to enforce any of Terms.
Governing Law and Jurisdiction. The Terms represent a binding agreement between you and Mugano, which shall be governed by, construed, and enforced under the laws of EU/EEA without regard to any choice or conflict of laws rules. You hereby irrevocably agree that the courts of EU/EEA shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms, their subject matter or formation.
