Terms of Service

1. GENERAL CONDITIONS

1.1. These Terms govern the use of the website https://www.jovepay.com (the "Website") and all other related websites and services available on or through any of the foregoing (collectively, the "Services"). These Terms do not govern your access and use of any software, websites and services which may be made available to You under separate license terms from the third party service provider.

1.2. The current effective version of the Terms is located at the Website: https://www.jovepay.com. Livialink Global Concept (RC 2417377) may make changes to the Terms from time to time. When such changes are made, Livialink Global Concept will make the updated Terms available on or through the Website. Please check these Terms periodically for updates. Your continued use of the Services after such changes have been published on or through the Website shall constitute your binding acceptance of such changes.

1.3. You acknowledge and agree that, in the course of providing the Services to you, neither Livialink Global Concept nor its Representatives provide any advice or recommendations regarding the purchase or sale of any Virtual Asset, nor do they make any determination of your general investment needs or objectives or of the suitability of the proposed purchase or sale of any Virtual Asset. You are responsible for your own investment decisions.

1.4. Use of the Services constitutes an acceptance and confirmation of your consent to be bound by these Terms, all applicable laws and regulations, and You agree that You are responsible for compliance with and that You are compliant with these Terms and the applicable laws. If You do not agree with all these Terms, then You shall not access or use any of our Services.

1.5. We may at any time, without notice or liability, decide to alter, amend, restrict, modify, or terminate the Services or any functionality or portion of the Services, all in our sole discretion, and you understand that there is no guarantee that the Services or any portion or functionality thereof will continue to operate or be available for any particular period of time, including as a result of the removal, addition, modification, or change of or in the availability of the Services, or any restriction in access thereto, or any imposition of limits on any or all features of, or links to, the Services. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Services at any time without notice but confirm that we have no duty to do so.

1.6. Please refer to our Livialink Global Concept Privacy Policy for information on how we collect, use and disclose information from our Users. You acknowledge and agree that your use of Services is subject to, and that we can collect, use and/or disclose your information (including any personal data You provide to us) in accordance with our Privacy Policy.

1.7. In order to be able to use our Services You warrant and represent that You:

1.7.1. are at least 18 years old or of other legal age, according to the relevant jurisdiction [OR] a registered business entity and comply with all applicable laws and regulations to use the Services;

1.7.2. You are only transacting on the Service with legally-obtained funds that belong to You;

1.7.3. You are not furthering, performing, undertaking, engaging in, aiding or abetting any unlawful activity through your relationship with us or through your use of the Services;

1.7.4. You comply with these Terms;

1.7.5. You acknowledge and agree that Livialink Global Concept is not acting as your broker, intermediary, agent or advisor or in any fiduciary capacity, and no communication or information provided to You by Livialink Global Concept shall be considered or construed as advice.

1.8. If you breach any provision of this Agreement or Applicable Laws and Regulations, then you may no longer use the Services and your Account may be cancelled. We, in our discretion, shall determine whether this Agreement has been violated. We may also cancel withdrawal rights for your Account where there is suspected unauthorized access or hacking. We reserve the right to suspend or cancel your Account without notice to you at any time for any reason, including if you are in default of your obligations with respect to the Services. We may terminate this Agreement with you at any time.

1.9. You agree to indemnify, defend, and hold harmless Livialink Global Concept and the Representatives, from any and all losses, damages, claims, liabilities, and expenses, including legal fees, arising out of your use of the Account and the Services. This indemnification includes, but is not limited to: (a) any violation of the terms of this Agreement; (b) any violation by you of a third-party right; (c) any breach of a representation or warranty made by you to us, either in the Agreement or otherwise; (d) any breach by you of Applicable Laws and Regulations; (e) any claim for damages brought against us by any party, related to your use of the Services or your non-compliance with the terms of the Agreement or any documents and/or additional terms it incorporates; or (f) any and all expenses incurred by us in connection with exercising any right pursuant to this Section; (g) any fraudulent activities, including but not limited to scams, conducted by you or through your account, which shall be considered a violation of both these Terms of Service and applicable laws and regulations. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations. If you fail to comply with any requirement contained in this Agreement, then, in addition to any other right or remedy to which Livialink Global Concept is entitled, we may at any time, and from time to time, without notice or demand to you, apply some or all of your Virtual Assets in your Account to eliminate or reduce the liability or settlement amount, as the case may be. You shall remain liable to Livialink Global Concept for any deficiency remaining following the exercise by us of any or all of our rights and agree that the rights which we are entitled to exercise pursuant to this Section are reasonable and necessary for Livialink Global Concept's protection.

1.10. In addition to the collection, use, and disclosure of your Personal Information set out in the Privacy Statement, we may, with your consent, use your Personal Information to market our products and services to you, including by the use of electronic communications, such as email, direct messaging, and text messaging, and through the use of telemarketing. You may withdraw your consent to such uses at any time. We have personal information retention processes designed to retain personal information for no longer than necessary for the purposes stated above or to otherwise meet legal requirements. We may retain personal information, including financial information relating to transactions, for accounting and auditing purposes and otherwise in accordance with our obligations under applicable law.

1.11. By using the Website, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Website. We do not knowingly collect any personal information from children under the age of 18. If you are under the age of 18, please do not submit any personal information through the Website and Services. If you have reason to believe that a child under the age of 18 has provided personal information to us through the Website and Services, please contact us to request that we delete that child's personal information from our Services.

2. DEFINITIONS

2.1. Classic Rate: the exchange rate determined at the moment the deposit is received and processed, which may differ from the rate displayed at the beginning of the transaction.

2.2. Corporate Partner: a legal entity or organization registering and using the Services in a business capacity.

2.3. Customer: An individual or entity that has a monetary obligation towards You under a transaction concluded and intending to discharge of such obligation by paying in a Virtual Asset.

2.4. Dispute: Any disagreement, claim, or dispute arising between the Merchant and the Company regarding the use of the Services or any related matters.

2.5. Fixed Rate: the exchange rate displayed to the Customer at the moment the payment request is created when the Fixed Rate option is selected by the Merchant. Such rate remains unchanged during the fixed-rate validity period specified for the transaction.

2.6. Individual Partner: a natural person registering and using the Services in an individual capacity.

2.7. KYC (Know Your Customer): an identity verification procedure that may include email and phone verification, document verification, liveness check, face match and AML screening, performed through a third-party provider.

2.8. Merchant (also known as You): An individual or entity that provides goods or services and utilizes the company's Services.

2.9. Payment tool: Any instrument or method used for making payments, indicated in Merchant's account on the Website.

2.10. Repeated deposits: deposits re-sent to a previously generated address. Repeated deposits are automatically directed to the original payout wallet address specified at the time of the creation of the original payment request.

2.11. Services: various tools available to Merchants and Customers via Livialink Global Concept website and solutions which may be provided by Third Parties, including but not limited to virtual asset payment processing and any other related offerings.

2.12. Third Party: Any individual, entity, or service provider that is not directly affiliated with the company but may be involved in the provision or facilitation of certain services.

2.13. Third Party Services: Services provided by third-party entities that may be integrated or used in conjunction with the company's Services, subject to their respective terms and conditions.

2.14. Virtual asset: a digital representation of a value or a right which may be transferred and stored electronically, using distributed ledger technology or similar technology.

2.15. Website: The online platform or website (https://www.jovepay.com) operated by the Company through which the Services are made available to Merchants and Customers.

3. OUR SERVICES

3.1. The following Services are available to Merchants and Customers through the Website:

3.1.1. Payment processing in Virtual Assets;

3.1.2. Mass payouts in Virtual Assets;

3.1.3. Wrong Assets Auto-processing;

3.1.4. Push Feature for Stuck Payments - Livialink Global Concept provides a 'Push' function that allows Merchants to initiate payment processing on their end in case a particular payment gets stuck in the system and cannot be finished without additional actions. This functionality is available both in the Livialink Global Concept personal account interface and via API.

3.2. Please note that these Services could be provided by Third Parties.

3.3. If any of the relevant functionality is not yet available in the Merchant's account, they may contact [email protected] to request instructions on changing these settings.

4. PAYMENT PROCESSING IN VIRTUAL ASSETS

4.1. Payment processing tools in Virtual Assets are as follows: (1) API payment creation, (2) payment link creation, (3) payment creation.

4.2. Upon receiving the aforementioned link, the Customer proceeds to access and navigate the provided link. The Customer sees the designated deposit address, as well as the corresponding currency for payment. Please note that this deposit address is generated by a Third Party service provider at the time of the transaction. Third Party service provider takes part in a mono-currency exchange, whereby the payout address corresponds to the Merchant's balance or their designated wallet.

4.3. Generated deposit addresses are initially designed for a single use. Merchants and Customers acknowledge that such addresses are intended for one-time deposits only. Any attempts to use such addresses for subsequent transactions are at Merchants and Customers own risk.

4.4. A merchant initiates a payment request by its generation, which may be in the form of an invoice link or a simplified payment request, solely indicating the payment address and the corresponding amount. The payment request shall include essential transaction details, such as the transaction amount, currency of transaction and the Order ID. Please note that the Order ID is an optional field in the payment process.

4.4.1. Additionally, Merchant reserves the right to freeze rate (by marking the "Fixed Rate" button) and determine the party responsible for covering the associated commission expenses (by marking the "Fee paid by user" button).

4.4.2. Please note that for blockchain technology, network fees are subject to change. If a deposit is transferred after the fixed-rate validity period (10 minutes), the Third Party service provider cannot guarantee that the network fees will not affect the amount of cryptocurrency You will receive. In certain cases where a payment processed at the Classic Rate cannot be completed automatically (for example, due to insufficient funds or a significant rate deviation at a specific point in time, etc), the Company may manually continue the processing of such payment without additional confirmation from the Merchant. By using the Services, the Merchant agrees to such processing. In such cases, the payment will be assigned the "Partially Paid" status. Livialink Global Concept also reserves the right to decline the fixed-rate execution if the deposit is sent later than 4 minutes after the exchange was initiated.

4.5. Upon confirmation of the transaction in the blockchain, the funds of Customer are successfully credited to the designated deposit address. Subsequently, following confirmation in the blockchain, processing takes place. Once processing is successfully completed, the funds are promptly displayed on the Merchant's balance or deposited into your designated wallet. At this point, the Customer can verify that the funds have been successfully transferred to the Merchant.

4.6. We would like to remind You that until You receive the status "Finished / Partially paid" from Livialink Global Concept's service provider, crediting funds to your Customer's balance is done at your own risk. Please exercise caution and wait for confirmation from our team before proceeding with any actions.

4.7. In order to proceed with the Donation Payment tool, You may determine what information of the Customer will be required and/or shown (including, email, phone number, name, social link, or residential address). The donation link provided by the system will direct Customers to the payment page. Your Customers will not be able to see the Merchant's personal information, including personal cryptocurrency wallets, unless explicitly shared by the Merchant.

4.8. In order to proceed with the Subscription Payment tool, You have to create a subscription plan where the subscription's period duration and its cost shall be determined. Please note that You are free to decide where the Customer should be redirected in the following cases: (1) successful payment page; (2) payment failed page; (3) partial payment page.

4.9. In order to proceed with the POS Terminal link Payment tool, You may determine the Terminal Webpage link as [YOUR NAME] where deposit addresses would be generated. Please be informed that the generated deposit address can be used by one Customer to pay for one purchase only.

4.10. To mitigate payment challenges, it should be noted that the minimum payment amount varies for each coin and is subject to modification based on the blockchain condition at the time of transaction initiation. Transactions below the minimum limits determined on the Website cannot be completed. Refunds are handled on a case-by-case basis.

4.11. Refunds for unsupported coins/tokens will be processed within a reasonable timeframe on a case-by-case basis. The timeframe may be adjusted if development is required for processing the refund.

The Virtual Asset deposited by the User can be subject to refund if the payment status is either: 'failed'; or 'waiting'.

Refunds for unsupported coins/tokens may be subject to additional fees, which will be clearly communicated to the Merchant before the refund is finalized.

4.12. Refunds to new addresses (i.e., neither to the initial address nor to the refund address specified at payment creation) are handled on a case-by-case basis and require additional validation.

5. WRONG ASSETS AUTO-PROCESSING

5.1. Wrong Assets Auto-processing Feature

5.1.1. Wrong Assets Auto-processing is a feature that automatically processes payments sent in a network and/or coin different from the 'Pay currency' specified on the payment page.

5.1.2. When this feature is enabled, payments are completed at the current exchange rate at the time the deposit is received and are marked as 'Finished' or 'Partially Paid' depending on the Merchant's account settings, including cases where the received amount is lower than expected.

5.1.3. By enabling the Wrong Assets Auto-processing feature, the Merchant acknowledges and accepts all associated risks, including potential discrepancies between the expected and received payment amounts due to exchange rate fluctuations and the Merchant's current default status ("Finished" or "Partially Paid").

5.1.4. Livialink Global Concept shall not be held liable for any losses or discrepancies resulting from the use of this feature or from the Merchant's choice or default processing status.

6. REPEATED DEPOSITS

6.1. Repeated deposits are additional payments sent to the same deposit address after the original payment has been received. These deposits are processed at the current exchange rate at the time they are received and are marked with either the "Partially Paid" or "Finished" status, depending on the Merchant's account settings. Repeated deposits will always be allocated to the original payout wallet address regardless of any subsequent changes made by the Merchant within their account settings.

6.2. Generated deposit addresses are designed for a single use. Merchants acknowledge that such addresses are intended for one-time deposits only, and that any repeated deposits sent to such addresses are processed as repeated deposits linked to the original transaction. Any attempts to use such addresses for subsequent transactions are at Merchants' own risk.

6.3. Livialink Global Concept is indemnified from any liability for the misdirection or loss of funds of repeated deposits. Merchants acknowledge that they fully understand the mechanics of deposit handling and the implications for repeated deposits. By using the "Finished" status as the default, the Merchant acknowledges and accepts that repeated deposits will always receive the "Finished" status even if the received amount differs from the expected amount, and fully assumes all related risks.

6.4. Merchants are strongly advised to verify their withdrawal wallet address before making any deposits, whether original or repeated, to avoid any potential loss of funds.

6.5. Repeated deposits may be reflected in the payment details with a specific label indicating their linkage to the original transaction.

7. REFUNDS

7.1. Refund Process

7.1.1. All refund requests are subject to review and approval by the Livialink Global Concept support team. Livialink Global Concept reserves the right to reject any refund request that does not comply with our policies or raises security concerns.

7.1.2. For security purposes, refunds to addresses not originally involved in the transaction (i.e., not the original sender's address) will require additional validation. This may include, but is not limited to, small amount verification transfers or video verification.

7.2. Merchant Responsibilities and Liabilities

7.2.1. The Merchant is responsible for ensuring the accuracy of all refund requests, including the refund amount and the destination address.

7.2.2. Any crediting of funds to the user by the Merchant without explicit confirmation from Livialink Global Concept that the refund is possible and has been processed shall be solely at the Merchant's own risk and responsibility.

7.2.3. Livialink Global Concept shall not be liable for any losses incurred by the Merchant due to unauthorized access to their account. Merchants are strongly advised to maintain strong, unique passwords and enable all available security features.

7.3. Refund Limitations

7.3.1. Livialink Global Concept reserves the right to limit, delay, or refuse refunds in cases where we suspect fraudulent activity, violations of our terms of service, or to comply with legal or regulatory requirements.

7.3.2. Refunds may be subject to additional fees and/or additional requirements, which will be clearly communicated to the Merchant before the refund is finalized. This includes but may not be limited to Refunds for Unsupported Coins/Tokens.

7.4. Refunds to Initial Address

When using the refund tool provided by Livialink Global Concept to refund to the initial address (if applicable), the Merchant acknowledges and accepts the risks, which may include but are not limited to the loss of funds if the initial address belongs to an exchange.

7.5. Updates and Changes

7.5.1. Livialink Global Concept may update or modify the refund processes at any time to improve security, efficiency, or comply with regulatory requirements.

7.5.2. Merchants are encouraged to regularly review these terms and any notifications from Livialink Global Concept regarding changes to our services or processes.

7.6. Virtual Assets Extraction Process

The Virtual Assets extraction process can take up to twenty (20) business days. If the User/Partner wishes to expedite this process, additional charges may apply. Unsupported Virtual Assets deposited into our system and related to unrelated wallets cannot be extracted or returned. Livialink Global Concept reserves the right to handle these on a case-by-case basis. Any decisions by Livialink Global Concept regarding such Virtual Assets when no longer supported are final.

7.7. Merchant Responsibility for Premature Refunds

In cases of refunds, any crediting of funds to the user by the Merchant without explicit confirmation from Livialink Global Concept that the refund is possible shall be solely at the Merchant's own risk and responsibility. Livialink Global Concept shall not be liable for any losses incurred by the Merchant in such situations.

8. MASS PAYOUTS IN VIRTUAL ASSETS

8.1. Mass payouts in virtual assets refer to the process of distributing a large number of virtual assets, such as cryptocurrencies or digital tokens, to multiple recipients simultaneously.

8.2. The Merchant agrees that Livialink Global Concept has the authority to engage third-party providers to offer Mass Payouts in Virtual Assets Services. However, Livialink Global Concept DOES NOT remain responsible to the Merchant for the actions and conduct of these third-party providers.

8.3. In order to initiate the Mass Payouts Service, the Merchant is required to transfer funds to their balance to the Third Party service provider, where the balance will be securely maintained.

9. PRICING AND FEES

9.1. The actual Livialink Global Concept's remuneration rates and range of such rates are specified on the page of the Website: https://www.jovepay.com/pricing/. The Merchant also can contact the customer support ([email protected]) for more information on fees and remuneration rates.

9.2. The Merchant should be reminded that all conversion and change rates of the cryptocurrency exchanges and any other blockchain fees (including network fee, which is charged even when cryptocurrency exchange is not needed) shall be borne by the Merchant.

9.3. The Livialink Global Concept's remuneration shall be deducted from the transferred amounts (whether exchange is necessary or not) before those funds are credited to the cryptocurrency wallet specified by the Merchant according to Clause 4-7 of these Terms, which means that the Livialink Global Concept remuneration (fee) shall be paid by the Merchant. Payment procedure and remuneration fees are specified in detail on the page of the Website: https://www.jovepay.com/pricing/.

9.3.1. Third Party service provider may refuse to process or cancel any pending transaction as required by law, regulation or any court or other authority to which Third Party service provider is subject in any jurisdiction. Third Party service provider may also reserve the right to delay any transaction if a risk of fraud is perceived or illegal activity or refuse to process/cancel any transaction due to technological issues with applicable software or other technological reasons.

9.3.2. In transactions and mass payouts, the ability to switch between the party responsible for covering the service and processing commission is provided. Regarding the "fee paid by user" option, an additional amount is included in the payment to be paid separately by the customer as commission. For mass payouts the network fee can be paid by the sender (withdrawn from their account balance) or deducted from the payment amount, thereby being borne by the recipient.

9.4. It is the Merchant's responsibility to determine what, if any, taxes apply to the Merchant, and it is the Merchant's responsibility to report and remit the correct tax to the appropriate tax authority. The Merchant agrees that Livialink Global Concept is not responsible for determining whether taxes apply to the Merchant or for collecting, reporting, withholding or remitting any taxes arising from any transactions.

9.5. Livialink Global Concept may change the transaction fee rates, range of such rates or payment procedure at any time. When applicable, Livialink Global Concept may give the Merchant advance notice of the remuneration rates or payment procedure changes (but it is Livialink Global Concept's right, not an obligation). If the Merchant doesn't agree with the remuneration rates or payment procedure changes, the Merchant shall not use our Services.

9.6. All fees and remuneration paid to Livialink Global Concept for the use of the Services are non-refundable.

9.7. Livialink Global Concept attempts to provide accurate price and exchange rate information, but this information is highly volatile and can change quickly without Merchants necessarily being aware of these changes.

9.8. Our Service is available only in connection with those currencies that Livialink Global Concept or Third Parties supports and this may change from time to time.

10. MERCHANT RESPONSIBILITIES

10.1. By accessing or using the Services, You represent and warrant that You are eligible to do so.

10.2. In order to use the Services, You are required to create an account. In order to complete the registration, please provide us with an email address and your crypto wallet. You are responsible for providing accurate and up-to-date information during the registration process and for maintaining the confidentiality of your account credentials.

10.3. You agree to comply with all applicable laws and regulations related to cryptocurrency transactions, including but not limited to anti-money laundering (AML) and know your customer (KYC) requirements.

10.4. You are responsible for implementing appropriate security measures within your organization to protect your access to the Services, including safeguarding login credentials and adhering to any recommended security protocols provided by the Company. As a user, You are prohibited from sharing your account access or API key with anyone.

10.5. You are responsible for providing accurate and valid instructions regarding the management and transfer of your Virtual Assets.

10.6. Security Measures - Livialink Global Concept strongly recommends that all Merchants enable two-factor authentication (2FA) on their accounts to provide an additional layer of security for all sensitive operations, including but not limited to refunds, withdrawals, and account settings changes. Merchants are responsible for maintaining the security of their accounts and should implement all recommended security measures.

10.7. If You choose to participate in the Affiliate Program, You must accept the applicable Affiliate Agreement, which may be confirmed electronically when generating an affiliate link or via [email protected] or through other methods provided in your account.

10.8. If You grant access to your account to third parties, including through the multi-user functionality ("My Team"), You remain fully responsible for all actions performed under such access. The Company shall not be liable for any losses or unauthorized operations resulting from compromised, misused or otherwise abused master or sub-accounts.

10.9. The Merchant acknowledges that the "Partially Paid" status indicates that the amount received is lower than the expected payment amount and assumes full responsibility for any fulfillment of its obligations to the end user based on a "Partially Paid" status.

11. REGISTRATION AND INTEGRATION

11.1. In order to use our Service as a Merchant, You must register an account on the Website. The Services support two registration flows: Business Registration for legal entities and Individual Registration for natural persons.

11.2. Our Services are not directed to children. Access to and use of our Services is only for those over the age of 18 and who has full legal capacity. If You are younger than this or do not have full legal capacity, You shall not use our Services. Any person who acts as a Merchant or provides his/her personal information to us while using our Services represents and warrants that he/she is 18 years of age or older. If You are entering into these Terms on behalf of an entity, such as your employer or the company You work for, You represent that You have the legal authority to bind, and do hereby bind, that entity to these Terms.

11.3. When You register your account, You shall provide us with accurate and complete registration information and specify your cryptocurrency wallet being used to receive remuneration for your goods/products or services in cryptocurrency. Registration requirements may vary depending on whether the Partner registers as a Corporate Partner or an Individual Partner. In order to register and further use an account, You must also generate an API key that will be used to identify your registered account.

11.4. You are responsible for the security of your passwords and for any use of your account on the Website. If You become aware of any unauthorized use of your account, You shall notify us immediately at [email protected].

11.5. During registration of account and any other time at request You agree to provide us with the information for purposes of ongoing due diligence, identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep record of such information in accordance with our AML/KYC Policy. You agree and warrant that no information You provide at any time will be false, inaccurate or misleading. For Individual Partners, the Company may conduct a KYC procedure as part of the verification process and may introduce mandatory KYC requirements in the future.

11.6. Your integration with Livialink Global Concept shall be available through the Website, API or other means. You can find the full list of available integration schemes there. You can also contact us at [email protected] to get assistance with the integration process.

11.7. In order to use Service, You shall have your cryptocurrency wallet, accessible for You only. After determination of currency of payment and payable amount, Third party service provider shall generate the deposit address for such specific transaction. The transfer of funds from the cryptocurrency wallet to the generated deposit shall be made solely by the Client, so that neither Livialink Global Concept nor Third Party service provider shall not be responsible for such transfer and shall not guarantee that the Client will complete such transaction.

12. RESTRICTIONS ON USE OF THE SERVICES

12.1. You agree that You are responsible for your own conduct while accessing or using Services and for any consequences thereof. You agree to use Services only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, You may not allow any third party to:

12.1.1. send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;

12.1.2. distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;

12.1.3. upload, post, transmit or otherwise make available through Service any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of such rights or have the permission of the owner to post such content;

12.1.4. use Services to violate the legal rights (such as rights of privacy and publicity) of others, including your customers, or send through Services any content, which is unauthorized or unsolicited advertising, junk or bulk email;

12.1.5. carry on any unlawful businesses and activities such as, for example: (i) creation, sale or distribution of sites offering services such as prostitution, escorts; (ii) fraudulent business, sale of counterfeit or stolen items or the sale of goods or service that are illegally imported or exported; (iii) sale of narcotics, illegal substances or controlled substances, any equipment for making or using such drugs; (iv) pyramid schemes, high risk investments schemes and other business that we determine in our sole discretion to be unfair, deceptive or predatory towards consumers; (v) any business that we believe poses elevated financial risk, illegal liability, or violates the law of sender or recipient of payment;

12.1.6. modify, adapt or reverse engineer any portion of Website or any software used for providing Services;

12.1.7. remove any copyright, trademark or other proprietary rights notices contained in or on Website or any content posted thereon;

12.1.8. display any content through Services that contains any hate-related or violent information or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;

12.1.9. use any robot, spider, site search/retrieval application, or other device to collect information about its customers for any unauthorized purposes;

12.1.10. access or use Services for the purpose of bringing an intellectual property infringement claim against Livialink Global Concept or for the purpose of monitoring the availability, performance or functionality of Services for any competitive purposes;

12.1.11. use Services in ways not specified in these Terms.

12.2. If the Merchant violates these Terms Livialink Global Concept has the right (though not the obligation) to, in Livialink Global Concept sole discretion (without the Merchant's consent or notice), block, terminate or deny access to and use of Services to any Merchant. Livialink Global Concept shall not give reasons for its actions.

12.3. Additionally, You are not permitted to:

12.3.1. create multiple accounts or use your own account as a referral ("self-referrals") for the purpose of obtaining Affiliate rewards;

12.3.2. refer accounts that You control or that are otherwise connected to You, including through matching wallets, devices, callback URLs or other identifiers;

12.3.3. use the Affiliate Program in any abusive, deceptive or manipulative manner, including masking connected accounts, simulating user activity, or otherwise attempting to obtain remuneration contrary to the intended purpose of the program;

12.3.4. participate in the Affiliate Program without accepting the applicable Affiliate Agreement, which may be confirmed electronically when generating an affiliate link or via [email protected] or through other methods provided in your account.

13. PROHIBITED JURISDICTIONS

13.1. The Services are not rendered to residents or citizens of the European Union, the United Kingdom, the United States of America, or any jurisdiction where the use of cryptocurrency services is restricted or prohibited by applicable law. If such individuals choose to access or use the Services, they do so at their own risk, and the Company shall not be deemed subject to the data protection or consumer regulations of those jurisdictions solely due to such access or use.

13.2. For users from other countries, the ability to use our services is determined by the applicable laws and regulations of their respective jurisdictions. It is the user's responsibility to ensure compliance with local laws before engaging with our platform.

13.3. Use of the Services is void where prohibited by the applicable law and the laws of the relevant jurisdictions.

13.4. Livialink Global Concept maintains the right to select its markets and jurisdictions to operate in and may restrict or deny its Services to certain countries.

13.5. Livialink Global Concept also maintains the right to use various methods to prevent the use of the Services by the Merchants listed above. You shall comply with this Section 13, even if Livialink Global Concept's methods to prevent use of the Services are not effective or can be bypassed.

14. INTELLECTUAL PROPRIETARY RIGHTS

14.1. You acknowledge and agree that Livialink Global Concept owns all legal right, title and interest in and to the Website and any software used for rendering Services. The visual interfaces, graphics, design, systems, methods, information, computer code, software, services, organization, compilation of the content, code, data, and all other elements of the Services are protected by international copyright laws, and trademark laws, international treaties, and all other relevant intellectual property and proprietary rights, and other applicable laws.

14.2. Furthermore, all trademarks, and trade names contained in the Services are proprietary to Livialink Global Concept and may not be used without permission in connection with any third-party products or services. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or the Services.

14.3. Except as expressly set forth herein, your use of the Services does not grant to You ownership of or any other rights with respect to any content, code, data, software or other materials that You may access on or through the Services. Livialink Global Concept reserves all rights to the Services not expressly granted herein.

15. THIRD PARTY SERVICES

15.1. The Services may incorporate, or may provide access to, applications, services, products, or software developed or hosted by a third party (the "Third Party Services"). You agree that it is impossible for Livialink Global Concept to monitor Third Party Services and that You access them at your own risk.

15.2. If You use any Third Party Services, You understand that:

15.2.1. Third Party Services are not controlled by Livialink Global Concept, and Livialink Global Concept shall not be responsible or liable to anyone for Third Party Services;

15.2.2. Your use of Third Party Services is solely between You and the respective third party (the "Third Party") and will be governed by the Third Party's terms and policies. It is your responsibility to review the Third Party's terms and policies before using a Third Party Services;

15.2.3. Some Third Party Services may request or require access to your (your customers') data. If You grant access, your data will be handled in accordance with the Third Party's privacy policy and practices. Livialink Global Concept does not have control over how a Third Party Services may use your or your customers' data. Do not share any credential, private key, or other sensitive information with any Third Party without validating their legitimacy;

15.2.4. Third Party Services may not work appropriately with your website or software, and Livialink Global Concept may not be able to provide support for issues caused by any Third Party Services. If You have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

15.2.5. Livialink Global Concept and any third-party service providers are not responsible or liable for any loss or damage arising from the Merchant's provision of incorrect, incomplete, or outdated wallet details or other payment transaction information. It is the Merchant's sole responsibility to ensure the accuracy and completeness of all details, including wallet details and payment transaction information, at the time of submission. Merchant agrees to carefully enter all required details and understands that any errors or omissions may result in irreversible loss of funds or other transaction failures. Livialink Global Concept and third-party service providers are not obligated to verify the correctness or completeness of the details provided by Merchant. Merchant assumes all risks associated with the provision of incorrect or incomplete details for transactions, and in no event shall Livialink Global Concept or any third-party service providers be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from such errors or omissions. This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or the Merchant's use of Livialink Global Concept services or those of any third-party service providers.

15.3. In some cases, Livialink Global Concept may at its discretion suspend, disable, or remove Third Party Services.

15.4. Livialink Global Concept disclaims any responsibility for any harm resulting from your use of websites, webpages, software, services and content of the Third Party.

16. TERM AND TERMINATION

16.1. These Terms shall enter into force for the Merchant since the first use of the Services or register the account on the Website and shall be in force for an indefinite period of time.

16.2. You agree that Livialink Global Concept, in its sole discretion and for any or no reason, may at any time terminate these Terms and your account for the Services with immediate effect. You agree that any termination of your access to the Services may be without prior notice, and You agree that Livialink Global Concept will not be liable to You or any third party for such termination. Livialink Global Concept shall not give reasons for its actions. Livialink Global Concept will have no obligation to provide a refund of any amounts previously paid by You.

16.3. Upon termination of the Services, your right to use such Services will automatically terminate immediately. Livialink Global Concept will not have any liability whatsoever to You for any suspension or termination.

16.4. All provisions of the Terms, which by their nature should survive termination of Services, will do so.

16.5. You agree that Livialink Global Concept may update its KYC requirements at any time in order to comply with applicable regulations or internal policies. If mandatory KYC is introduced for Individual Partners, failure to complete the required verification within the notified period may result in suspension or termination of access to the Services.

17. INDEMNIFICATION

17.1. You agree to hold harmless and indemnify Livialink Global Concept, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors, from and against any third party claim arising from or in any way related to:

17.1.1. Your use of the Services;

17.1.2. your breach of these Terms;

17.1.3. your violation of applicable laws, rules or regulations in connection with the Services;

17.1.4. your goods, products and services, including any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs of every kind and nature.

17.2. In case of third party claim, Livialink Global Concept will provide You:

17.2.1. with written notice of such claim, suit or action;

17.2.2. the opportunity to control the defense and/or settlement of such claim, suit or action;

17.2.3. reasonable assistance in such defense or settlement, upon reasonable request and at your expense.

17.3. The Merchant is entirely responsible for its goods, products and services. Livialink Global Concept is not involved in relationships with the Merchant with any of its Customers. The Merchant is responsible for fulfilling all representations or warranties the Merchant makes to its customers in connection with its goods, products and services.

17.4. The Merchant is responsible for its Client and their activities.

17.5. The Merchant shall be solely liable for quality, safety, legality of any products/goods or services that may be provided using the Service. For example, if the sale of products/goods or provision of services requires any government registration or license, the Merchant shall be solely responsible for such registration or license.

17.6. The Merchant shall be solely responsible for obtaining any information required of those who purchase products/goods or services. For example, if applicable law prohibits a sale to persons under 18 years, the Merchant must ensure that a customer is at least 18 years old or if applicable law requires that a customer's identity shall be verified, You must verify the customer's identity by yourself.

18. EXCLUSION OF WARRANTIES

18.1. Nothing in these terms shall exclude or limit Livialink Global Concept's warranties or liabilities for losses which may not be lawfully excluded or limited by applicable law.

18.2. You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available" without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Livialink Global Concept makes no express warranties and disclaims all implied warranties regarding the services, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, and reliability.

18.3. Without limiting the generality of the foregoing, Livialink Global Concept does not represent or warrant to You that:

18.3.1. Your use of the services will meet your requirements.

18.3.2. Your use of the services will be uninterrupted, timely, secure, or free from error.

18.3.3. Usage data provided through the services will be accurate.

18.3.4. The services or any content, services, or features made available on or through the services are free of viruses or other harmful components.

18.4. Livialink Global Concept is not liable, and You agree not to seek to hold Livialink Global Concept liable, for the conduct of third parties on or accessed via the services, including operators of third-party services and other users of the services, and that the risk of injury from such third parties rests entirely with You.

18.5. Livialink Global Concept will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.

19. LIMITATION OF LIABILITY

19.1. YOU UNDERSTAND AND AGREE THAT Livialink Global Concept SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH THE SERVICES, INCLUDING ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REPUTATION, OR LOSS OF DATA, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Livialink Global Concept HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19.2. SPECIFIC LIMITATIONS

Livialink Global Concept SHALL NOT BE HELD LIABLE FOR ANY LOSSES, DAMAGES, OR DISCREPANCIES RESULTING FROM:

A) THE USE OF THE WRONG ASSETS AUTO-PROCESSING FEATURE;

B) ANY REFUNDS PROCESSED WITHOUT EXPLICIT CONFIRMATION FROM Livialink Global Concept;

C) ANY LOSSES RESULTING FROM UNAUTHORIZED ACCESS TO THE ACCOUNT DUE TO FAILURE TO FOLLOW SECURITY MEASURES RECOMMENDED BY Livialink Global Concept, INCLUDING BUT NOT LIMITED TO ENABLING TWO-FACTOR AUTHENTICATION (2FA) AND MAINTAINING STRONG, UNIQUE PASSWORDS;

D) ANY LOSSES OR ISSUES ARISING FROM PREMATURE CREDITING OF FUNDS OR FULFILLMENT OF ORDERS BEFORE RECEIVING CONFIRMATION OF SUCCESSFUL PAYMENT PROCESSING FROM Livialink Global Concept;

E) ANY POTENTIAL LOSS OF FUNDS RESULTING FROM A REFUND TO AN EXTERNAL WALLET ADDRESS IF A USER SPECIFIES AN INCORRECT ADDRESS OR FAILS TO INCLUDE NECESSARY MEMO.

20. GOVERNING LAW AND DISPUTE RESOLUTION

20.1. The Terms and any action related thereto will be governed and interpreted by the laws of St. Vincent and the Grenadines, without giving effect to any principles that provide for the application of the law of another jurisdiction.

20.2. If any dispute, controversy or claim of whatever nature arises under, out of or in connection with these Terms, including any question regarding its existence, validity or termination or any non-contractual obligations arising out of or in connection with these Terms (the "Dispute"), the Merchant and Livialink Global Concept shall use all reasonable endeavors to resolve the matter amicably. Where a Dispute arises, one party shall give the other party notice that a Dispute has arisen. Neither the Merchant nor Livialink Global Concept shall resort to court until thirty (30) calendar days after the date of sending of such notice. All Disputes, which are unresolved as agreed above, shall be settled by the competent court of the jurisdiction where Livialink Global Concept is domiciled. The resolution shall be final for either the Merchant or Livialink Global Concept.

21. PERSONAL DATA

21.1. By accepting these Terms, You expressly consent to Livialink Global Concept processing and exporting your personal data outside of the jurisdiction in which You reside or are located. Livialink Global Concept takes all necessary and adequate organizational and technical measures to protect the Merchants' personal data.

21.2. The Merchant is obliged to determine the personal data legislation applicable to each Customer and comply with its requirements for each individual customer separately. In cases and in the manner stipulated by the personal data legislation the Merchant shall obtain the voluntary consent of its customers or has any other legal basis (legal ground) to collect, store and process customers' personal data (including by Livialink Global Concept) for the purposes, including but not limited to, of using the Services, the execution of these Terms and resolving claims arising from these Terms. The Merchant acts as a representative of Livialink Global Concept in relation to the Merchant's Customers regarding the use of personal data, and also bears full responsibility to its customers for the protection of their personal data. The Merchant is obliged to inform and in cases stipulated by the personal data legislation obtain the consent of the Merchant's Customers for the transfer of their personal data to Livialink Global Concept and bring to the Merchant's customers all required information in accordance with the personal data legislation, about Livialink Global Concept as the person to whom the personal data of the Merchant's customers are transmitted. The Merchant undertakes to take and ensure that it has taken all necessary measures to comply with the requirements of this clause.

21.3. KYC Data Processing. For identity verification and AML/CFT compliance, the Company may collect and process personal data required for the KYC procedure, including identification documents, biometric data (liveness and face match), and AML screening results. The Company may introduce mandatory KYC requirements for Individual Partners in the future. Once such requirements are introduced, Individual Partners will be required to complete the KYC procedure within the timeline specified in the relevant notice.

21.4. We will retain your information only for as long as necessary to fulfill the objectives outlined in this policy. We will also limit retention to what is essential for meeting legal obligations, resolving disputes, and enforcing agreements.

21.5. If You request that your personal data be deleted, we will fulfill the request within two weeks by deleting personal data to the extent allowed by applicable laws and regulations. Please note that some data may be retained for legal, regulatory, or technical purposes.

22. TAXES

22.1. You acknowledge and agree that You are solely responsible for determining and fulfilling any tax obligations associated with your use of our services. This includes, but is not limited to, any applicable sales taxes, value-added taxes (VAT), or other similar taxes imposed by relevant jurisdictions.

22.2. We do not provide tax advice, and any information or materials provided by us should not be considered as such. We recommend consulting with a qualified tax professional to obtain specific advice tailored to your individual circumstances.

22.3. You agree to indemnify and hold us harmless from any claims, liabilities, penalties, fines, or other expenses arising out of your failure to comply with applicable tax laws and regulations.

22.4. Tax laws and regulations may change over time, and it is your responsibility to stay informed about any updates or amendments that may impact your tax obligations related to our services.

22.5. We shall not be held liable for any consequences, damages, or losses resulting from your failure to comply with tax laws or fulfill your tax obligations. You agree to release and discharge us from any such claims or liabilities.

23. MISCELLANEOUS

23.1. You consent to receive communications from Livialink Global Concept in electronic form, including communications made via the Website, Services, or sent via email.

23.2. You agree and consent to receive electronically (including email, SMS) and view through the Services the advertisement, promotional, service, and information notifications.

23.3. Implementation of Mandatory KYC. The Company may introduce mandatory KYC requirements for Individual Partners. Once such requirements are introduced, the Company may require completion of the verification within the timeline specified in the notice.

23.4. Your rights and obligations hereunder may not be assigned, subcontracted, delegated, or otherwise transferred by You without Livialink Global Concept's prior written consent. Livialink Global Concept may assign its rights and obligations under these Terms to third parties without the consent of the Merchant.

23.5. Livialink Global Concept has the right to involve third parties for the fulfillment of its obligations.

23.6. Nothing in these Terms shall be construed as creating a joint venture, an agency relationship, or a legal partnership between Livialink Global Concept and the Merchant.

23.7. If any provision of these Terms is invalidated, it does not affect the validity or applicability of the remaining provisions of these Terms.

23.8. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

23.9. Appeals, proposals and claims of individuals and legal entities to Livialink Global Concept related to the operation of the Services, violations of the rights and interests of third parties, requirements of the legislation, as well as for requests of persons authorized by the legislation may be sent to the email address: [email protected].

23.10. These Terms are the final, complete and exclusive agreement of the Merchant and Livialink Global Concept with respect to the subject matter hereof and supersedes and merges all prior discussions and agreements between the parties with respect to such subject matter.

23.11. Users are strongly encouraged to regularly review these Terms of Service for any updates or changes, particularly with regard to country restrictions, feature functionalities, and liability limitations. Continued use of the Services after any update constitutes acceptance of the updated Terms.