GENERAL TERMS AND CONDITIONS
Effective 01.02.2024
OVERVIEW
ViMo App (“App”) is operated by ViCharge s.r.o. (“ViCharge”). Throughout the App and these general terms and conditions, the terms “we,” “us,” and “our” refer to ViCharge. ViCharge offers this App, including all information, tools, and services ("Services”) available from this App to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. You can use the Services through your user account (“User Account”) that is set up by us.
By visiting our App and/or using our Services, you agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms regulate the rights and obligations of ViCharge and you, the user, arising on the basis of and in connection with the agreement on provision of our Services provided to you through the App (“Agreement”).
These Terms apply to all App users, including without limitation users who are browsers, customers, and/ or contributors of content. Please read these Terms and Conditions carefully before accessing or using our App or Services. If you do not agree to all the Terms, you may not access the App or use any of our Services.
Any new Services added to the current offer shall also be subject to the Terms and Conditions. In accordance with the Section 1752 of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code”), the you hereby agree that we can unilaterally change the Terms and Conditions to a reasonable extent. The change in Terms and Conditions will be notified to the user by e-mail to his address specified in the User Account. The user may refuse change of the Terms and Conditions and terminate the Agreement in writing with a notice period of one (1) month. You can also review the most current version of this document at any time on App. It is your responsibility to check this page periodically for changes. Your continued use of or access to the webApp following the posting of any changes constitutes acceptance of those changes.
Unless expressly stated otherwise herein, these Terms and Conditions shall not apply to users that are consumers, as we do not provide any Services to consumers.
SECTION 1 - ABOUT VICHARGE, THE SERVICES, THE AGREEMENT AND THE USER ACCOUNT
ViCharge s.r.o has its registered office at Rybná 716/24, Staré Město, 110 00 Praha 1, with the company register number 211 80 261, and is registered in the commercial register maintained by the Municipal Court in Prague, Section B, insert 20326.
The Services allow users of the Services (“Members,” “Clients” or “you”) to:
- buy Virtual Assets and Digital Assets in exchange for fiat currency in EUR (“Fiat Currency”) and
- to send the purchased Virtual Assets and Digital Assets to a defined Target Address of the Client that purchased the Virtual Asset or Digital Assets in question
You shall gain access to its User Account available on App on the basis of a completed registration and only after the Agreement is concluded. During the registration process you are obliged to provide us with the information and documents needed to perform the identification of the client and know-your-customer check in accordance with the Act No. 253/2008 Coll., Certain Measures against the Legalisation of Proceeds from Criminal Activities and the Financing of Terrorism, as amended (“AML Act”).
When the registration process is completed, we will send you the proposal for concluding the Agreement together with the text of Agreement and these Terms and Conditions to your e-mail address specified during the registration. The Agreement is concluded when you accept our proposal for concluding the Agreement by an email sent to our e-mail address. We are not obliged to enter into Agreement and we reserve the right to not to make the proposal for concluding Agreement for any reason or without stating a reason. In particular, we are entitled not to conclude the Agreement in case that we have a suspicion that you may be involved in legalization of criminal proceeds and/or financing of terrorism.
ViCharge and the Client may unilaterally terminate the Agreement by notice for any reason or without stating a reason, with a notice period of one (1) month as of the delivery of the notice to the e-mail address of the receiving party. Furthermore, we are entitled to unilaterally terminate the Agreement by notice that becomes effective immediately upon delivery to your e-mail address (without notice period) in case that i) you have breached your obligation stated herein or by the generally applicable legal regulations, or ii) we have a suspicion that you may be involved in legalization of criminal proceeds and/or financing of terrorism. Should we have at the time of termination of the Agreement at our disposal any Fiat Currency sent to us by you for the purpose of purchasing Virtual Assets or Digital Assets, we will not carry out any the transactions (purchase of Virtual Assets or Digital Assets) and we will send the Fiat Currency currently deposited into your User Account back to your bank account from which you sent it to us.
SECTION 2 - GENERAL CONDITIONS
The use of our services is subject to verifications, as required by statutory and regulatory obligations incumbent on us, in particular, by AML Act. You agree to provide us with the information, documents and other cooperation we request for the purposes of identity verification, compliance with know-your-customer rules, as well as detection of money laundering, terrorism financing, fraud, or any other financial crime. The requested information may include personal data. By providing us with the information we request, you confirm that it is true and accurate and agree to inform us in case of change concerning such information. You will not be able to use our Services and/or access your User Account until we are satisfied with the information you have provided and determine in our sole discretion that it is sufficient to validate your request.
Depending on your country of residence, you may not be able to use all the functions of the App or Services. It is your responsibility to follow the rules and laws in your country of residence and/or country from which you access this App and the Services. As long as you agree to and comply with these Terms of Use, ViCharge grants you the personal, non-exclusive, non-transferable, non-sublicensable, and limited right to enter and use the App and the Services.
All our Services are provided without warranty of any kind; either express or implied. We do not guarantee that the Services and the App will be available 100% of the time to meet your needs. We will strive to provide you with the Services as soon as possible. Still, there are no guarantees that access will not be interrupted or that there will be no delays, failures, errors, omissions, or loss of transmitted information.
We will use reasonable endeavors to ensure that the Services and the App can be accessed by you in accordance with the present Terms of Use. However, we may suspend the use of the App and Services for maintenance. You accept the risks associated with the fact that you may not always be able to use our Services and the App.
SECTION 3 - GENERAL USE
By using our Services and entering into this User Agreement, you affirm that:
- you are a business entity, and agree to be legally bound by and by generally applicable legal regulations, by the Terms and Conditions, including the Cookie Policy, the Privacy Policy and the Trading Code of Conduct, as incorporated herein, as amended from time to time;
- you have not previously been suspended or removed from our Services;
- you have full power and authority to enter into Agreement and by doing so will not violate any other legal relationships;
- you are using our Services with your official business email and for your own benefit and do not act on behalf and/or to the interest of any other person;
- you are using the Services in the accordance with the generally applicable legal regulations.
SECTION 4 – PURCHASE OF VIRTUAL ASSETS AND DIGITAL ASSETS, PAYMENTS AND PRICES
Through your User Account, you can select the Digital Asset or Virtual Asset that you are interested in purchasing, along with determining the value (amount) of such asset ("Purchase order”).
Immediately after receiving Fiat Currency in the amount corresponding to the amount of selected Digital Asset or Virtual Asset ("Purchase Price”) plus our Commission to our bank account (or in case that you have already sent the relevant amount to our bank account and the amount corresponding to Purchase Price is already deposited into your User Account), we will proceed according to your instructions (Purchase order) and buy the relevant amount of Digital Asset or Virtual Asset on your account and on your behalf. In case that you do not have a sufficient amount of Fiat Currency deposited into your User Account, we will not execute your Purchase order and will not purchase the selected asset.
The purchased Digital Asset or Virtual Asset shall be immediately sent by us to your Target Address specified in the Purchase order.
We will deduct a Commission in the amount corresponding to 3% from the Purchase Price that you pay for the selected Digital Asset or Virtual Asset. You will always be informed about the amount of our Commission in advance, before submitting a Purchase order. By submitting the Purchase order you agree to pay our Commission.
You acknowledge that the purchase of Virtual Assets and Digital Assets involves risk. Prices of Virtual Assets and Digital Assets are volatile, and their value can significantly increase or decrease in a short period of time. It is important to carefully consider whether purchasing Digital Assets or Virtual Assets is suitable for you based on your financial situation and risk tolerance.
SECTION 5 – DISCLAIMERS
The App and Services provided by ViCharge are offered on an "as is" and "as available" basis. We do not guarantee that the App and Services will be free from errors or interruptions. ViCharge disclaims any warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App or Services will meet your requirements, be uninterrupted, timely, secure, or error-free, or that any information obtained through the App or Services will be accurate or reliable.
To the fullest extent permitted by law, ViCharge will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from (i) the use or inability to use the App or Services; (ii) any changes made to the App or Services or any temporary or permanent cessation of the App or Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) the statements or conduct of any third party on the App or Services; or (v) any other matter relating to the App or Services.
SECTION 6 – TERMINATION
Either you or ViCharge may terminate the Agreement at any time for any reason by providing a one (1) month notice. ViCharge may also terminate the Agreement immediately if you breach any of the Terms. Upon termination, your access to the App and Services will cease, and you must discontinue any further use of the App and Services.
SECTION 7 - RISKS OF TRADING
The trading of goods and products, real or virtual, as well as virtual currencies, involves significant risk. Prices can and do fluctuate on any given day. Such price fluctuations may increase or decrease the value of your assets at any given moment. Any currency - virtual or not - may be subject to large swings in value and may become worthless. There is an inherent risk that losses will occur due to buying, selling, or trading anything on the market.
Virtual Assets and Digital Asset trading also have special risks not generally shared with official currencies, goods, or commodities in a market. Unlike most currencies backed by governments or other legal entities or by commodities such as gold or silver, Virtual Assets and Digital Assets are a unique type of asset backed by technology and trust. There is no central bank that can issue more virtual assets or take corrective measures to protect the value of Virtual Assets and Digital Assets in a crisis.
Instead, Virtual Assets and Digital Assets are an as-yet autonomous and largely unregulated global system of firms and individuals. Traders put their trust in a digital, decentralized, and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.
The trading of Virtual Assets and Digital Assets is often susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence in Virtual Assets and Digital Assets might collapse because of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
There may be additional risks that we have not foreseen or identified in our Terms and Conditions. You should carefully assess whether your financial situation and risk tolerance are suitable for buying, selling, or trading Virtual Assets or Digital Assets.
As set out above, ViCharge will act only on your Instructions regarding Virtual Assets and Digital Assets and does not otherwise acquire any right, title, or interest in them. Whilst ViCharge uses reasonable care in the appointment of third-party custodians, in the event of a third-party custodian becoming insolvent or entering into an insolvency process in a relevant jurisdiction, you may have only an unsecured claim against the third-party custodian, and Members' Virtual Assets or Digital Assets may be at risk subject to any protections provided at law in the relevant jurisdiction.
SECTION 8 - DIGITAL FORKS
ViCharge has no control over the software protocols which govern or constitute the framework of Virtual Assets or other Digital Assets. Therefore, ViCharge assumes no responsibility for the update or any modification of the underlying protocols, and ViCharge is not able to guarantee their functionality, security, or availability.
By accepting the present Terms of Use, you acknowledge and accept the risk that underlying software protocols relating to any of the virtual currencies available on the App are likely to be subject to sudden changes in operating rules (hereafter “fork”), and such forks may materially affect the value, function and/or the name of the virtual currencies.
By entering into the Agreement and agreeing to the present Terms and Conditions, you acknowledge the risks presented by forks, and you accept that we have no responsibility to assist you in moving or selling Virtual Assets or other Digital Assets of an unsupported branch of a forked protocol.
We reserve the right to suspend, delay or cancel an Instruction (Purchase order) or series of Instructions (Purchase orders) issued by a Member or colluding Members which if executed would result in a price swing of 5% or more of the value of a Virtual Asset or Digital Asset available on the App.
You will not take, directly or indirectly, any action designed, or that might reasonably be expected, to cause or result in destabilization or manipulation of the price of Virtual Assets or Digital Assets, which are available on the App.
SECTION 9 - PROHIBITED ACTIVITIES
You agree not to use the App or Services to perform criminal activity of any sort, including but not limited to money laundering, illegal gambling operations, terrorist financing, malicious hacking, or any criminal or illegal activity.
SECTION 10 - LIMITED RIGHT OF USE
Unless otherwise specified, all materials on this App, including, but not limited to, text, graphics, logos, icons, and images (“Materials”), are the property of ViCharge and are protected by copyright, trademark, and other applicable laws. You may view, print, and/or download a copy of the Materials from this App on any single computer solely for your personal, informational, and/or non-commercial use, provided you comply with all copyright and other proprietary notices.
The trademarks, service marks, and logos of ViCharge and others used on this App (“Trademarks”) are the property of ViCharge and their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video, and audio used on this App belong to ViCharge. The Trademarks and Material should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected, or distributed in any form or by any means, whether manual or automated. The use of any such Materials on any other webApp or networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
SECTION 11 - TRANSACTION RECOVERY
You are fully responsible for any mistakes, errors, or defects which may arise in the course of any transaction that leads to partial or complete loss of your Digital Assets and/or Virtual Assets. ViCharge shall not be liable for any damages resulting from any actions previously described. ViCharge shall in no case be liable for any loss, including, but not limited to, transfers between addresses, transactions, deposits or withdrawals resulting from your improper actions or activities, or erroneous transactions, deposits or withdrawals resulting in your Digital Assets and/or Virtual Assets being lost. ViCharge shall not compensate you for any losses resulting from such actions or activities.
SECTION 12 - EXTERNAL WEBAPPS
We make no representations whatsoever about any External WebApps you may access through the App, including the webApps of any third-party custodian service providers. Occasionally, the ViCharge webApp may provide references or links to External WebApps. We do not control these External WebApps or third-party Apps or any of the content contained therein. You agree that we are in no way responsible or liable for the External WebApps referenced or linked from the ViCharge webApp, including, but not limited to, webApp content, policies, failures, promotions, products, opinions, advice, statements, prices, activities, advertisements, services or actions and/or any damages, losses, failures or problems caused by, related to or arising from those Apps. You shall bear all risks associated with the use of such content.
External WebApps have separate and independent terms of use and related policies. We request that you review the policies, rules, terms, and regulations of each App that you visit. It is up to you to take precautions to ensure that whatever you select for your use is free of items such as viruses, worms, Trojan horses, and other items of a destructive nature.
SECTION 13 - MEANS OF COMMUNICATION
Unencrypted email messages sent over the Internet are not secure, and ViCharge is not responsible for any damages incurred by the result of sending email messages in this way. We suggest sending emails in encrypted formats.
If you send unencrypted or unsecured email or other types of communications to us, we may respond using the same channels, and you hereby accept the risks associated therewith.
SECTION 14 - LIMITATION OF LIABILITY
To the extent permitted by law, ViCharge will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered arising from gross negligence, willful deceit, or fraud. ViCharge may be liable only for the culpable breach of its obligations. Nothing in these terms excludes or limits either party's liability for fraud, death, or personal injury caused by negligence, which may not be limited or excluded by law.
Although ViCharge endeavors to provide accurate and timely information on the App, the App may not always be entirely accurate, complete, or current and may include errors. ViCharge may change or update the App at any time without notice, and you should accordingly verify with independent sources all information before relying on it to make decisions or actions. You remain entirely responsible for your decisions and actions. Subject to the above, you also agree and acknowledge that ViCharge has no liability or responsibility regarding the custody of any Virtual Assets and/or Digital Assets.
SECTION 15 - INDEMNITY
To the full extent permitted by applicable law, you hereby agree to indemnify ViCharge and its partners against any action, liability, cost, claim, loss, damage, proceeding, or expense suffered or incurred if directly or not directly arising from your use of the App or the Services or your violation of these Terms of Use.
SECTION 16 - TAXES
It is your responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
SECTION 17 - FORCE MAJEURE
If we are unable to perform the Services outlined in the Terms of Use due to factors beyond our control, including but not limited to an event of Force Majeure, change of law, or change in sanctions policy, we shall not be liable for the Services provided under this agreement or for any damage incurred in connection with the Services during the time period coincident with the event.
SECTION 18 - CONTACT INFORMATION
If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms and/or your use of the App and the Services or any other matter, please find the contact information on the App or email support@vimo.me
SECTION 19 – GOVERNING LAW
The Agreement, as well as any and all rights and obligations of the parties arising under or in connection with the Agreement or with the Services and App, shall be governed by Czech law, in particular the Civil Code. The courts of the Czech Republic shall have jurisdiction and authority to settle any and all disputes arising out of the Agreement or in connection with the Services and App.