These are the Terms and Conditions for Voluto mobile application, together with any services provided by Voluto UAB (legal entity code 305228676, registered office at V. Nagevičiaus str. 3, Vilnius, Lithuania) (“Voluto") on the mentioned mobile application (also referred to as the “Platform”). This is an agreement (“Agreement”) between Voluto, the owner and operator of the Platform, and you (“you”, “your” or “User(s)”), a User of the Platform, which regulates your use of the Platform.
Throughout this Agreement, the words “Voluto,” “us,” “we,” and “our,” refer to our company, Voluto, as is appropriate in the context of the use of the words.
Due to worldwide availability of Voluto app, this Agreement is prepared in the English language, and Voluto app also operates in English. By accepting this Agreement and using Voluto app, you confirm that you understand the English language and agree to communicate with us in the English language as far as Voluto app, the Service, the Platform and legal relations arising under this Agreement are concerned.
Terms and expressions used in this Agreement have the meaning given below:
The Platform allows the Users to select, from those available on the Platform, and subsequently monitor and manage a bucket of different Cryptocurrencies.
Cryptocurrencies are inherently volatile and risky. Neither Cryptocurrencies as such nor their exchange or any transactions with them are currently subject to any regulation or supervision in the Republic of Lithuania. Voluto’s Service is not regulated by the Bank of Lithuania or any other financial services supervisory authority. Your Cryptocurrencies’ exposures are not protected by deposit or liabilities to investors insurance schemes, or any other insurance. YOU ACKNOWLEDGE AND CONFIRM THAT YOU HAVE READ AND UNDERSTAND VOLUTO RISK DISCLOSURES AVAILABLE AT […], WHICH PROVIDE MORE DETAILED INFORMATION ON RISKS INHERENT TO CRYPTOCURRENCIES AND THE SERVICE AS SUCH.
Voluto does not own or control the software, protocols, or databases underlying the Cryptocurrencies networks and other digital asset networks and we make no guarantees regarding the security, functionality, or availability of such networks. In general, the underlying software, protocols, and databases are public and open source, and anyone can use, copy, modify, and distribute them, and such actions may materially affect the value of the Cryptocurrencies you hold. You agree and understand that we may determine in our sole discretion which Cryptocurrencies networks to support, and you have no right, claim, or other privilege to any Cryptocurrencies on any unsupported network. You further understand and agree that we shall not be liable for (i) the software, protocols, or databases underlying the Cryptocurrencies and associated networks, (ii) any change in the value of any Cryptocurrencies or other digital asset, or (iii) any decision regarding supporting or not supporting any Cryptocurrencies.
We do not provide any investment, tax, or legal advice, nor do we do Transactions on the User’s behalf. We are not your broker, intermediary, agent or advisor and have no fiduciary relationship or obligation with you when you use the Platform. We have no liability for any of your activities or decisions made while using the Platform. To the fullest extent permitted by law, and without limiting any other terms in this Agreement:
we will not have any liability to you in connection with the result of any Transaction made through the Platform. You bear all risks of using the Service, and you should only transact in amounts you are willing and able to lose;
we do not make any representations regarding the likelihood or probability that any Transaction made through the Service will achieve a particular outcome or goal. Past performance is not a guarantee of future success, and volatility means that returns in any period may be far above or below those of previous periods. You may lose all or part of any Cryptocurrencies’ exposure used for transacting through the Service.
All Wallets created on the Platform are non-custodial, meaning that we never have control or possession of your Wallet and your Cryptocurrencies to facilitate any Transactions. When creating your Wallet we engage Upvest (https://upvest.co) for the issuing of public and private keys for your access to your Wallet, however, Upvest is also not a custodian and, like us, does not have control or possession of your Cryptocurrencies. You are solely responsible for the security of your Wallet and have full control over your Cryptocurrencies in your Wallet.
The Wallet is self-directed, meaning that all Transactions will be affected only on your instruction, your use of the Wallet or your grant of access to your Wallet to any third party is solely at your risk, you are solely responsible for any and all Transactions made on the Wallet, and all Transactions entered by you are unsolicited and based on your own decisions. You agree and understand that you have not received and do not expect to receive any advice from us in connection with your Transactions. You agree and understand that we accept no responsibility whatsoever for and shall in no circumstances be liable to you in connection with, your decisions. You agree and understand that under no circumstances will your use of the Wallet be deemed to create a relationship that includes the provision of or tendering of investment advice. You acknowledge that neither we nor any of our employees or representatives (i) provide investment advice in connection with the Service, (ii) recommend any Cryptocurrencies or Transactions, or (iii) solicit Transactions. To the extent research materials or similar information are available through the Platform, you understand that these materials are intended for informational and educational purposes only and they do not constitute a recommendation to enter into any Transactions.
The Service is provided on an “as is,” “as available” basis without warranties of any kind, either express or implied, including those of fitness for a particular purpose. We do not warrant that the Service and any content thereon are free of errors, computer viruses or similar contamination or destructive features.
We are based in the Republic of Lithuania. We do not warrant that your use of the Platform is lawful in any particular jurisdiction, and we specifically disclaim any such warranties. Those who choose to access or use the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Service is not provided to, and may not be used by, any person in any jurisdiction where the provision or use thereof would be contrary to applicable laws and regulations. The products and services described on the Platform are offered only in jurisdictions where they may be legally offered. The Platform shall not be considered a solicitation for or offering of any product or service to any person in any jurisdiction where such solicitation or offering would be illegal. You agree to refrain from using the Service if you begin to reside in a jurisdiction where the Service would violate any of the laws and regulations of such jurisdiction. You agree that you shall not provide incorrect information about your address and will promptly inform us when you establish residency in a new jurisdiction.
We, the Payment Service Provider or the Exchange may be prohibited from providing services or entering into relationships with individuals from high-risk jurisdictions or subject to local, EU-wide or international sanctions. In case of such circumstances, we may: (i) refuse to open the Wallet for you; (ii) suspend your Wallet; or (iii) close your Wallet. You agree that we are not responsible for any losses, whether direct or indirect, that you may incur as a result of our, the Payment Service Provider’s or the Exchange’s good faith efforts to comply with applicable laws and regulations, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, or other legal order.
You are prohibited from using or accessing the Platform to exchange Cryptocurrencies that are the direct or indirect proceeds of any criminal or fraudulent activity, including terrorism or tax evasion. We reserve the right to deny, delay, or cancel any Transaction we perceive as a risk of criminal or fraudulent activity. In addition, if we believe that you have participated or participate in a fraudulent or criminal activity when using the Platform, we may forward your information to the applicable law enforcement agency, which may result in civil, administrative or criminal penalties.
Your use of the Service may be subject to a limit on volume (in EUR, imposed by the Payment Service Provider, or Bitcoins, imposed by Voluto) that you may transact in a given time period. Such limits may vary, at our sole discretion, depending on a variety of factors, and we may apply higher limits to certain customers at our sole election. Any Transaction and position limits applicable to your use of the Service will be made available to you on Voluto app.
Although we will attempt to provide continuous Platform availability, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications.
We make commercially reasonable efforts to provide you with a reliable and secure Platform, however, you agree and understand that, from time to time, interruptions, errors, or other deficiencies in Service may occur due to a variety of factors, some of which are outside of our control, and that these factors can contribute to delays, errors in Service, or downtimes. In addition, part or all of the Platform or the Service may be periodically unavailable during scheduled maintenance as well. You agree and understand that you may experience difficulties in accessing your Wallet, viewing third-party information (as defined under section 14 below), and making Transactions in the above mentioned circumstances. Voluto is not liable or responsible to you for any inconvenience or losses to you as a result of such mentioned circumstances. Following such circumstances, when Service resumes, you understand that the market prices of Cryptocurrencies in your Wallet may differ significantly from the prices prior to such circumstances occurring.
The Service will be accessible via a mobile phone, tablet or other wireless device. Downloading of Voluto app requires internet access, as Voluto app is only distributed via proprietary app marketplaces, i.e. Apple App Store and Google Play Store. Your mobile carrier’s normal messaging, data and other rates and fees will apply to your use of the mobile services, including internet access. In addition, downloading, installing or using certain applications may be prohibited or restricted by your mobile carrier, and the Service may not work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Service is available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Service, and how much it may cost you to download, install and use Voluto app on your relevant device through the access to mobile internet.
When Voluto app is downloaded and the User opens it for the first time, this Agreement must be actively accepted by the User before using the Service. The terms and conditions of this Agreement govern all aspects of your relationship with us regarding your Wallet and your use of the Platform and the Service. You have to carefully read and accept the terms and conditions of this Agreement before you click “I agree” or other similarly worded button on Voluto app. Clicking “I agree” or other similarly worded button is the legal equivalent of you manually signing this Agreement and you will be legally bound by its terms and conditions in their entirety.
By clicking “I agree” or other similarly worded button on Voluto app and entering into this Agreement, you also acknowledge and confirm that you have read and understand Voluto Risk Disclosures available at […].
The Service is only offered to individual users – natural persons, so even if you are accessing the Service on behalf of a business or corporate entity, and have the authority to bind the same, your acceptance of this Agreement will be treated as acceptance by you as an individual and not by a business or corporate entity represented by you.
Users of the Platform must be at a minimum 18 years of age. By clicking “I agree” or other similarly worded button confirming entering into this Agreement you also confirm that you are at least 18 years old and have the legal capacity to enter into this Agreement, and that no person, except yourself, has any interest in the Wallet opened pursuant to this Agreement, and that your use of your Wallet and our Services is and shall be only for your personal, non-commercial purpose.
Using the Platform will require you to create a login and sign-up for the Wallet. In Wallet creation process we are engaging Upvest (https://upvest.co), and by accepting this Agreement you also accept the [terms and conditions] of Upvest which are available at […]. Upvest will create and encrypt a separate wallet for each of the Cryptocurrencies that you will have when using the Platform and which will be reflected on your Wallet. The password for your Wallet that you will be asked to create when signing-up for the Wallet will be your private key access to your Wallet and your Cryptocurrencies. You are entirely responsible for maintaining the confidentiality of your password and Wallet and for any and all activities that occur under your Wallet. You agree to notify us immediately of any unauthorized use of your Wallet or any other breach of security. We will not be liable for any losses you incur as a result of someone else using your password or Wallet, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your Wallet or password. You may not use anyone else's Wallet at any time, without the permission of the Wallet holder.
Voluto is not a financial institution and is thus not obliged to perform “know your customer” requirements as they are understood under the laws regulating money laundering and terrorist financing prevention, however, when you create your Wallet, we or our Payment Service Provider may ask for your name, address, date of birth, and other identifying information. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form. We or our Payment Service Provider may also ask you for copies of your passport, or other identifying documents, so that we or the Payment Service Provider may verify your identity and/or conduct a background check on you. By creating the Wallet you expressly authorize us and/or the Payment Service Provider to verify your identity and/or conduct such background check and you authorize us and the Payment Service Provider to verify and share any information provided by you between ourselves and with third parties that we and/or the Payment Service Provider may contract or use for such verifications. You also understand that we or the Payment Service Provider may suspend opening of your Wallet or take other action reasonably deemed necessary pending the above discussed provision and verification of your information and documents.
You are solely responsible for ensuring the accuracy and completeness of all information and materials that you provide to us in connection with your use of the Service, including, without limitation, all information and material that you provide to us in connection with identifying you and/or checking your background as described under clause 3.8 above. You hereby represent and warrant that:
all such information and materials are true, accurate and complete in all respects, comply with all applicable laws, rules and regulations and do not violate or infringe any third-party rights; and
you will immediately notify us of any changes in such information;
you will immediately notify us about, and correct, any inaccuracy in any such materials or information.
One User can have only one Voluto app Wallet. We have the sole discretion in granting or denying any Wallets. The Service will not be available for any Users previously suspended or blocked from the Service by us.
For the use of the Service the User will be required to credit the Wallet with Bitcoins. Voluto will not limit the amount of Bitcoins that you may credit to your Wallet, however, Voluto may limit the size of individual buckets of different Cryptocurrencies. Such limitations will be provided in the description of each such bucket of Cryptocurrencies, and you are strongly advised to familiarise with such descriptions before deciding on the amount of Bitcoins to be credited to your Wallet for the use of the Service, as you may not be able to use all of your Bitcoins in the Wallet for the Service.
If you already have Bitcoins in any digital wallets outside of the Platform, you can transfer the selected amount of Bitcoins from such external digital wallets to the Wallet by clicking “Fund Your Wallet with Bitcoin“ under your Wallet tab, and following the instructions provided on Voluto app. Your selected Bitcoin exposure will be credited to your Wallet as soon as possible depending on the Bitcoin network. As soon as Bitcoins are credited to your Wallet, you will be notified thereof on the Platform.
You understand that, once initiated on the network associated with the Bitcoin, transfer of Bitcoins will typically be processed at the speed of such network, but that in certain situations, such transfers may be delayed in connection with any latency, congestion, disruption, or other delay of such network. You understand that you cannot reverse a transfer that has been broadcast to the network. You also understand that we reserve the right to cancel any pending transfer as required by law or in response to a court order, or binding government order. Voluto will not be responsible if crediting of Bitcoins to your Wallet fails due to network-related reasons.
If you do not yet have any Bitcoins in any of the external digital wallets, but want to use the Service, you will have to purchase Bitcoins with a selected amount of funds in EUR currency, by using your credit card. In such a case you will be redirected to the interface of the Payment Service Provider, where you will have to follow the instructions provided (which may include accepting the terms and conditions of service of the Payment Service Provider and creating an account with them). Once you successfully perform all the steps required, the relevant amount of Bitcoins will be purchased on your behalf for the amount of funds in EUR that you select to use for the purchase, and the Bitcoins will be credited on your Wallet, after which you will be able to start using the Service. Please note that the Payment Service Provider may impose limits on the amount of the transaction that you perform with them to purchase Bitcoins, and you may not always be able to purchase the intended amount of Bitcoins at once, or at all.
After the User has downloaded and installed Voluto app, has accepted this Agreement, and has created the Wallet and credited Bitcoins to the Wallet, the User can select one of the buckets of different Cryptocurrencies available on the Platform and convert its Bitcoin balance on the Wallet into a balance of a number of different Cryptocurrencies. Different buckets of Cryptocurrencies will contain different Cryptocurrencies in different proportions, which the User will be able to review and assess before deciding which bucket to select. The Users may also manually modify proportions of Cryptocurrencies consisting the relevant bucket, and may also create their own individual bucket of Cryptocurrencies.
Bitcoins in your Wallet will be exchanged into different selected Cryptocurrencies at the exchange rate then offered on the Exchange.
The method, counterparty, broker (if any) and cryptocurrency exchange used for the execution of any Transaction that you initiate on the Platform shall be determined by Voluto in our sole good faith discretion.
You understand and agree that, in order to perform Transactions, you may be required to provide proof of identity, or control over your Wallet, among other information. You further understand and agree that we or the Exchange may delay, freeze or refuse to execute any requested Transactions if we perceive a risk of fraud or illegal activity.
Once relevant Cryptocurrencies are credited to your Wallet you obtain title to such Cryptocurrencies. The amount of Cryptocurrencies that you have on your Wallet will be reflected on the Platform. Voluto will not lend, hypothecate, pledge, or encumber Cryptocurrencies on your Wallet.
The Service functionalities allow you to:
monitor the performance of the selected bucket. Proportions of different Cryptocurrencies in the bucket will constantly change depending on the market situation, especially during periods of high volume, illiquidity, fast movement, or volatility in the marketplace. You understand and accept that Voluto is not liable for any price fluctuations;
rebalance proportions of the Cryptocurrencies in the bucket at any given time to the initial proportions of the relevant bucket;
sell the Cryptocurrencies in your Wallet and redeem Bitcoins.
Once the Transaction is initiated via your Wallet, we may not reverse such Transaction.
You will receive Transaction confirmations from us after Cryptocurrencies conversion that you have selected is executed. It is your sole responsibility to review your Transaction history, Transaction confirmations, and any notices from us promptly upon receipt. Your Wallet Documents available through the Platform will evidence all activity in your Wallet for the stated period. You agree to immediately, but not later than within 24 hours from discovery, notify us at firstname.lastname@example.org or “Support” button on Voluto app in case of: (i) any failure by you to receive any communication from us indicating that the Transaction was made, as applicable; (ii) any receipt by you of confirmation of the Transaction that you did not place; or (iii) any inaccurate information in or relating to your Wallet balances, or Transaction history. You agree that it is your sole responsibility to review your Transaction confirmations on a regular basis. You understand and agree that for the purposes of review and acknowledgment, you agree to be deemed to have reviewed your Transaction history and all notices on at least a monthly basis.
Transactions in your Wallet are subject to the applicable laws, regulations, and rules of governmental and regulatory authorities. In no event will we be obligated to effect any Transaction we believe would violate any law, rule, or regulation, or the rules or regulations of any regulatory or self-regulatory organization. We reserve the right to refuse to process or to cancel any pending Transaction as required by law, at our discretion, in response to a court order or binding government order, or to enforce Transaction limits.
We have no obligation to support any digital assets. Under no circumstances should you attempt to use your Wallet to store any non-supported digital assets. Any non-supported digital asset may be lost if you attempt to store such digital asset in your Wallet. We assume no responsibility or liability in connection with any attempt to use or store any digital assets.
The use of the Service is subject to the Transaction fees. The amount of the fee for each particular Transaction will in each case depend on and be the aggregate of the Exchange fee, network fee and our commission fee, and is therefore not set as a fixed amount in advance. Our commission fees are available on www.voluto.app at […]. The aggregate fee for each relevant Transaction will be displayed to the User when confirming the relevant Transaction.
The fee shall be deducted from your Bitcoin balance on your Wallet that you exchange or redeem on the Platform. For the sake of clarity, even if you exchange your Bitcoins into a bucket of Cryptocurrencies also containing a portion of Bitcoins, or redeem Bitcoins from a bucket of Cryptocurrencies also containing a portion of Bitcoins (i.e. no Bitcoin-to-Bitcoin exchange will be performed), the Transaction fee will still be calculated on the balance of Bitcoins used for or received as a result of the Transaction.
Depending on the laws of your jurisdiction you may be taxed for any Transactions on the Platform. You are solely responsible for reporting the proceeds of the Transactions made on the Platform to the relevant tax authorities in accordance with applicable law, and payment of any taxes on such proceeds or otherwise as required by applicable law.
You agree to access your Wallet only through Voluto app. Any other access and use of the Wallet is not authorized.
You are responsible for the security of your Wallet, and are fully responsible for all activities that occur through the use of your login credentials. You are only permitted to access your Wallet using your Wallet login credentials and other required forms of authentication. You are solely responsible for keeping your login credentials to the Platform and your Wallet confidential and secure. You agree and accept full responsibility for monitoring and safeguarding your Wallet. The use and storage of any information including your Wallet login credentials, Transaction activity, Wallet balances, and any other information available on your mobile device or your personal computer, whichever you use for accessing the Platform, is at your own risk and is your sole responsibility. You are and will be solely responsible for, have authorized, and will authorize all instructions appearing in, originating from, or associated with your Wallet, Wallet activity, and login credentials.
When creating your Wallet on the Platform, you will be sent an email with a pdf document containing recovery instructions in case you forget or lose your Wallet login credentials. Such recovery instructions will be your only possibility to regain access to your Wallet in case of lost or forgotten login credentials. If you lose such recovery instructions, you will no longer have access to your Wallet, and all your Cryptocurrencies will be lost without any recovery possibility.
You agree to immediately, but not later than within 24 hours from discovery, notify us at email@example.com or “Support” button on Voluto app if you become aware of: (i) any loss, theft, or unauthorized use of your login credentials or your Wallet; or (ii) any unauthorized use or access of your Wallet or other suspicious activity.
We might need to access your mobile device, your computer, and your network in connection with our investigation of the security breach where we have evidence or reasonably suspect that it may be related with your mobile device, your computer or your network. In case of such a need of access, we will notify you in advance and explain the scope of data that we will check and/or collect from your mobile device, your computer or your network. You understand that if you refuse to provide us such access, you may encounter delays in regaining access to your Wallet.
You understand and acknowledge that we are not responsible for any unauthorized use of your Wallet, and we will not be liable for any loss or damage arising from unauthorized use of your login credentials, or you losing your recovery instructions as per clause 8.3 above.
Where the Payment Service Provider is involved in Wallet opening process as per section 4 of this Agreement, you may be required to use additional forms of authentication when creating your Wallet.
We will never contact our Users to request their security details and will not ask anyone else to do so on our behalf. If you receive such a request then it is likely to be fraudulent and you must not supply your security details in any circumstances. Any such activity should be reported to us immediately. We will, however, ask you to send us your recovery instructions as per clause 8.3 above in case you lose or forget your Wallet login credentials and notify us thereof pursuant to clause 8.4 above, but in such a case you will be provided with separate detailed instructions of sending such information to us to ensure security and protection of your Wallet.
After properly registering for the Platform you shall be granted access to the Platform. When using the Platform, you agree to abide by the following restrictions listed below:
you may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of the Platform;
you may not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
you may not share your access to the Platform with any other parties unless so permitted by us;
you may not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Platform;
you may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
you may not Transmit to the Platform any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected thereto;
you may not use our Platform except through specific channels provided by us;
you may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract or export data collected through the Platform;
you may not create a false identity or impersonate another person in any way when using the Platform;
you may not restrict, discourage or inhibit any person from using the Platform;
you may not use the Platform for any unauthorized purpose;
you may not gain unauthorized access to the Platform, other Users’ Wallets or to other computers or websites connected or linked to the Platform;
you may not use the Platform to stalk, harass, bully or harm another individual;
you may not violate any requirements, procedures, policies or regulations of networks connected to us;
you may not violate any laws, rules or procedures of the Republic of Lithuania;
you may not violate this Agreement or any of our additional policies applicable for your use of the Platform;
you may not interfere with or disrupt the Platform;
you may not use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing;
you may not assist or permit any person in engaging in any of the activities described above.
If you are discovered to be undertaking any of the actions listed under clause 9.1 or if we believe that any of your actions may harm our Platform or business interests, your right to use our Platform may at our sole discretion be terminated, revoked, or suspended.
The term of this Agreement commences on your acceptance of the Agreement and continues until the termination of this Agreement by either you or us.
You may terminate this Agreement by sending notification to us at firstname.lastname@example.org or “Support” button on Voluto app and terminating your use of the Service. Please be aware that upon termination of the Agreement, access to our Platform (or part thereof) may become immediately disabled. Termination of this Agreement does not relieve you from any obligation to pay us.
We reserve the right, in our sole discretion, to suspend or close your Wallet or terminate this Agreement at any time without prior notice or liability, including, but not limited to, the situations where (i) you have violated any applicable laws while using our Platform; (ii) you have violated this Agreement or any other of our Platform policies; (iii) you have violated the rights of any third party on or through the Service; (iv) your Wallet has remained inactive for over [1 year]; or (v) if we believe that any of your actions may harm us, at our sole decision or discretion. We also reserve the right to close your Wallet or deactivate or suspend access to your Wallet at any time for any other reason. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
We may, with or without prior notice, suspend or close your Wallet if we are required to do so by a government or regulatory authority or court order, or your Wallet becomes subject to any pending litigation, investigation, or governmental proceeding. In case of suspension, we will provide you with notice of any such suspension of your Wallet if legally permitted to do so.
We may, in our discretion and at any time, prohibit or restrict the exchange of Cryptocurrencies in your Wallet, and change the list of Cryptocurrencies that are supported on the Platform.
If messages sent to the email address you provide are returned as undeliverable, then we may suspend or close your Wallet immediately without notice to you and without any liability to you or any third party.
Voluto shall not be liable for any loss incurred by the User due to suspension or termination of the Service and/or the Agreement on the basis of any of the situations listed under clauses 10.2 – 10.6 above.
Closing of the Wallet will not affect any rights and obligations incurred prior to the date of Wallet closure. If there is Cryptocurrencies balance remaining in your Wallet, you will be able to exchange such Cryptocurrencies back to Bitcoins and transfer them from your Wallet to any external wallets. If you fail to do this and your Wallet has remained inactive for over [1 year], or if there are any other reasons for us to terminate the Agreement as per clauses 10.3 – 10.6 above, we may, at our sole discretion, deliver to you the private keys to your Wallet and delete you from our Platform.
You agree that in the event of your death, the representative of your estate or the survivor or survivors shall give us written notice thereof as soon as practicable, and we may, before or after receiving such notice, take such actions, require such papers and inheritance waivers, retain such portion of, or restrict Transactions in your Wallet as we may deem advisable. Notwithstanding the above, in the event of your death, we shall not be responsible for any action taken on Transactions made prior to the actual receipt of notice of death and a reasonable amount of time thereafter for us to take the required measures. Further, we may in our discretion close out your Wallet without awaiting the appointment of a personal representative for your estate and without demand upon or notice to any such personal representative. You shall continue to be liable to us for any net debit balance or loss in said Wallet in any way resulting from the completion of Transactions initiated prior to the receipt by us of the written notice of the death or incurred in the liquidation of your Wallet, and for all other obligations pursuant to this Agreement.
The Platform is only a venue for Users to exchange Cryptocurrencies. We will not be responsible for assessing the suitability, legality or ability of any actions undertaken by you when using the Platform.
Except as otherwise provided by law, you understand and agree that we shall not be liable for any expenses (including legal expenses and attorneys’ fees), losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines, and taxes of any kind or nature (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, or otherwise) (collectively, “losses”) by or with respect to any matters pertaining to your Wallet, your use of the Platform, the Services, and other services provided by us under this Agreement, except to the extent that such losses are determined by a court of competent jurisdiction in a final non-appealable judgment or order to have resulted solely from our gross negligence or wilful misconduct.
Unless we are at fault, we will not be liable for any losses you might suffer or costs you incur because: (i) you unable to access or use Voluto app for any reason or there is a delay in its use; (ii) any device, hardware or software you use in connection with Voluto app is damaged or corrupted or fails to work; (iii) Voluto app does not meet your requirements or expectations; (iv) there is a reduced level or failure to provide the Service caused by any third-party service providers including software providers and mobile operators.
You also understand and agree that we will have no responsibility or liability to you in connection with the performance or non-performance by any third party (including the Payment Service Provider, Upvest or the Exchange) of their obligations relative to your Wallet. You further understand and agree that we will have no liability to you or responsibility whatsoever for any losses resulting from a cause over which we do not have direct control, including the failure of mechanical equipment, unauthorized access, theft, operator errors, government actions or restrictions, force majeure events, or suspension of Cryptocurrencies trading. You accept all risks associated with the use of the Platform to conduct Transactions, including, but not limited to, in connection with the failure of hardware, software, and internet connections.
To the fullest extent permitted by law, we shall not be liable for any of your losses arising or resulting from: (i) your breach of this Agreement, any laws, regulations or third-party rights; (ii) your misuse of the Platform content, trademarks or any part of the Service; or (iii) any false, inaccurate or misleading information you provide to us; (iv) your misrepresentation or alleged misrepresentation, error of judgment, or act or omission; (v) us following your directions or instructions, or failing to follow your unlawful or unreasonable directions or instructions, or (vi) the failure by any person not controlled by us to perform any obligations to you.
You understand and agree that if we determine, in our sole discretion, that you have committed a breach or default under this Agreement, we shall have all rights and remedies available under all applicable laws and in addition to the rights and remedies provided in this Agreement. You understand and agree that, in the event of one or more violations, you may at any time, at our sole discretion and without prior notice to you: (i) prohibit or restrict your access to the use of the Platform or related Services; (ii) refuse to execute any of your Transactions; (iii) close your Wallet, and (iv) claim any damages suffered by us as a result of the violation.
You acknowledge and agree that we may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, or other legal process, which we reasonably and in good faith believe to be valid. We may, but are not required to, notify you of such process by electronic communication. We shall also not be liable for refusing to obey any instructions given by or for you with respect to your Wallet that has been subject to an attachment or seizure in any legal proceeding against you, and we shall be under no obligation to contest the validity of any such attachment or seizure.
Any dispute you have with any third party, including other Users and/or the issuers of Cryptocurrencies, in connection with your use of the Service is directly between you and such third party.
If you authorize or allow third parties to gain access to our Services, including your Wallet, you will be solely responsible for any losses arising out of claims or suits by such third parties based upon or relating to such access and use. Voluto will also not have any liability against loss of use or any direct, indirect or consequential damages or losses to you caused by your consent, expressed or implied, to a third party accessing your Wallet or associated information, including access provided through any other third-party systems or sites.
Subject to your complete and ongoing compliance with this Agreement, we hereby allow you: (i) download, access and use the Voluto app on any device that you own or control; and (ii) access and use all other portions of the Service, in the case of both (i) and (ii), solely for your personal use and solely in strict compliance with the provisions of this Agreement.
The content that we provide to you on the Service, including, without limitation, any text, graphics, software, interactive features, information or other materials, may be protected by copyright or other intellectual property rights and owned by us or our licensors. Moreover, we or our licensors own all design rights, database and compilation rights and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and any related goodwill.
The Voluto trademarks, service marks and logos used and displayed on the Service are our registered and/or unregistered trademarks or service marks. Any other product and service names located on any part of the Service may be trademarks or service marks owned by third parties. You may not use the trademarks to disparage us or the applicable third party, our or a third party’s products or services, or in any manner that may damage any goodwill in the trademarks. You may not use any trademarks without our prior express written consent.
Nothing in this Agreement or on the Service will be construed as granting to you any license rights in and to the Service or any Voluto content or trademarks located or displayed on or within the Service, otherwise than allowed under clauses 12.1 – 12.3 above.
Voluto or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. If you choose to provide us with input or suggestions regarding problems with or proposed modifications or improvements to the Service, then are entitled to use and exploit such your feedback in any manner and for any purpose without any restriction, credit, attribution or fees due to you.
Certain features on the Service may allow you to submit or upload content to the Service, such as User profile content or other materials subject to intellectual property or similar laws. You must have rights to the content you submit. You represent and warrant that you own the User content submitted by you and that the submission of your User content and the use of the same as contemplated in this Agreement does not and will not violate any right of any third party and does not result in a breach of contract between you and a third party.
By using the Platform and the Service You understand and agree that we are entitled to use, exploit, host, store, transmit, reproduce, modify, create derivative works of (such as those resulting from changes we make so that your User content works better with our Service), publish, publicly perform and display and distribute such content; provided that we will not share with other Users any User content that you submit to the Service that is not viewable by other Users based on any privacy settings available on the Service. The rights you grant to us in this section are for the purpose of operating, promoting, and improving our Service and business and this license continues even if you stop using our Service.
We are under no obligation to edit or control User content that you submit, and will not be in any way responsible or liable for User content. We may, however, at any time and without prior notice, screen, remove, delete, modify, edit or block any User content that in our sole judgment violates this Agreement or is otherwise objectionable, such as, without limitation, User content that Voluto determines is or could be interpreted to be abusive, bigoted, defamatory, harassing, harmful, infringing, obscene, offensive, pornographic, racist, threatening, unlawful, vulgar or otherwise inappropriate. Further, we may, in our sole discretion, take any action we deem necessary and/or appropriate against any User who submits inappropriate content, including, but not limited to, warning the User or suspending or closing the User’s Wallet.
The Service may contain links to other websites or other online properties that are not owned or controlled by us. We do not make any representations regarding the content or accuracy of any materials on such external sites. If you decide to access any such external sites, then you do so at your own risk, and you will be solely responsible for compliance with any terms of service or similar terms imposed by any external service in connection with your use of such external sites.
The Platform attempts to provide up to date information for all Cryptocurrencies; however, due to the nature of Cryptocurrencies and volatility of the market some information may be out of date or inaccurate. As you control your own Wallet you are solely responsible for verifying any rates for any Cryptocurrencies. We are not liable to you for any inaccurately quoted rates for any Cryptocurrencies, and any such rates and values reflected on the Platform should be treated as estimates and not as exact and final amounts that you would receive in USD if you decided to sell your Cryptocurrencies at that exact given time.
Third party information on the Platform, such as Cryptocurrencies market data and information that derives from any such market data, may be provided by third party information providers. You understand that Voluto does not guarantee that such third-party information provided on the Platform is accurate, reliable, complete, timely, uninterrupted, error-free, or in the correct order. You agree that your use of the such third-party information is at your own risk. You understand and acknowledge that each third-party information provider may have a proprietary interest in the information that belongs to it. You understand and agree that you may use this third-party information only for your own benefit. You may not reproduce, sell, distribute, circulate, create derivative works from, store, commercially exploit in any way, or provide third party information to any other person or entity without our written consent. You acknowledge and agree that Voluto will not be liable in any way for (i) any inaccuracy, error, delay, failure, omission, interruption, or non-performance of any third party information, (ii) Voluto’s use, display, or provision of such third party information, or (iii) any loss or damage arising from or occasioned by any such inaccuracy, error, delay, failure, omission, interruption, or non-performance.
In order to use the Voluto app, the User has to provide his/her email address that is processed by Voluto.
In order to facilitate the provision of the Service Voluto acts as the controller of personal data and as such may transfer to marketing service providers, Exchange and Upvest the following personal data of the Users:
Transaction information (such as Transaction history, selected bucket of Cryptocurrencies, Transaction fees and other related data);
Your User content;
Information on all your activity on Voluto app.
Pursuant to clause 3.8 of this Agreement, by creating the Wallet you expressly authorize us and/or the Payment Service Provider to verify your identity and/or conduct background checks on you, and you authorize us and the Payment Service Provider to verify and share any information provided by you between ourselves and with third parties that we and/or the Payment Service Provider may contract or use for such verifications. This means that we or the Payment Service Provider may collect, process and transfer your identification data to each other as well as to third parties involved in identity verification process.
You understand that in the event that Voluto or substantially all of the assets used in connection with providing the Services is or are acquired by or merged with a third-party entity, Voluto reserves the right, in any of these circumstances, to transfer or assign the information Voluto has collected from you as part of such merger, acquisition, sale, or other change of control.
For the purposes under clauses 15.2, 15.3 and 15.4 above Voluto may transfer User’s data outside of the European Economic Area, including countries which have different data protection standards than those which apply in the European Economic Area. Any such transfer of the User’s personal data will be carried out in compliance with applicable laws. For transfers outside the European Economic Area, Voluto will use Standard Contractual Clauses (and the User has a right to ask for a copy of these clauses) and Privacy Shield as safeguards for countries without adequacy decision from the European Commission.
Personal data is processed according to the provisions of the European Union General Data Protection Regulation, the Law on Personal Data Protection of the Republic of Lithuania, the Law on Electronic Communication of the Republic of Lithuania and other applicable laws.
Any person providing his/her personal data to Voluto has the right to request access to and rectification or erasure of personal data (“right to be forgotten”) or restriction of processing concerning the User or to object to processing as well as the right to data portability, right to withdraw given consents, if any, also the right to lodge a complaint with the User’s national data protection authority (the list of all such authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080 ) . The User shall exercise the rights granted by this item by contacting Voluto via email@example.com or “Support” button on Voluto app. Voluto may not be able to implement certain rights of the User, such as the “right to be forgotten”, if it is necessary to apply safeguards, in particular to prevent the destruction of data or evidence based on and in accordance with the requirements of the applicable laws and regulations.
Data from clause 15.1 above may be used to notify the User about discounts and new similar services offered by Voluto. The legal basis of such data processing is provided in the Law on Electronic Communication of the Republic of Lithuania and is based on the legitimate interest of Voluto – to inform Users about its services and updates. The User has a right to object to the processing for marketing purposes at any time.
Voluto processes and stores User’s personal data no longer than necessary for the purposes stated in this section. User’s personal data provided for the purpose of providing the Service and using Voluto app is stored during the provision of Service and usage of Voluto app and for a maximum of 10 years after the end of the provision of Service and usage of Voluto app. User’s data processed for marketing purposes is stored during the provision of Service and usage of Voluto app and for a maximum of 3 years after the end of the provision of Service and usage of Voluto app, unless the User objects to the processing for marketing purposes sooner. Records of electronic communications with you shall be stored during the provision of Service and usage of Voluto app and for a maximum of 10 years after the end of the provision of Service and usage of Voluto app.
Sending by Voluto to the User electronic messages about the execution status of the Service may prove necessary for its provision and does not constitute commercial (marketing) information.
For additional information regarding personal data processing the User shall contact Voluto via firstname.lastname@example.org or “Support” button on Voluto app.
We may contact the Users from time to time about Voluto app, including marketing messages relating to Voluto app. We will do this electronically, for example by email, in-app notifications or other messages on the Platform. All such communications will come from us or a third party acting on our behalf. We will never pass Users’ information to a third party for them to use in their own direct marketing without the Users’ consent.
You may notify us at any time if you do not wish to receive marketing messages from us by contacting us at email@example.com or “Support” button on Voluto app or by following any instructions we may include in the marketing message we send to you.
You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the appropriate link on www.voluto.app. You agree to visit www.voluto.app from time to time for the most up-to-date Agreement. The electronically stored copy of this Agreement is considered to be the true, complete, valid, authentic and enforceable record of the Agreement, admissible in judicial or administrative proceedings to the same extent as if the documents and records were originally generated and maintained in printed form.
The revised Agreement will become effective at the time of posting, and you will be notified thereof when logging in to your Wallet and/or by email. Your further use of the Service after such time will be subject to your acceptance of the revised Agreement. If any change to this Agreement is not acceptable to you, then your sole remedy is to stop using the Service.
Notwithstanding the above clauses 17.1 and 17.2, no revisions to this Agreement will apply to any dispute between you and us that arose prior to the effective date of those revisions.
We may require you to agree to additional terms and/or policies from time to time in connection with your use of the Service. Except as expressly stated otherwise in such additional terms and/or policies, any such additional terms and/or policies are hereby incorporated into and subject to this Agreement, and this Agreement will control in the event of any conflict or inconsistency with the additional terms and/or policies to the extent of the conflict or inconsistency.
From time to time, updates to Voluto app may be issued via the Apple App Store or Google Play Store. Depending on the update, the User may not be able to use Voluto app until he/she has downloaded the latest version and accepted any new version of the Agreement.
Complaints concerning non-execution of the Service or its execution not in line with the principles defined in this Agreement may be submitted via firstname.lastname@example.org or “Support” button on Voluto app.
Your complaint should contain:
indication of your email;
indication of the faulty Service, as well as a description of the subject of the complaint.
We will accept complaints in English and the responses to the Users will in all cases be provided in English.
Complaints are examined and responded by Voluto immediately, no later than within 14 days from the date of receipt of complaint. The deadline is deemed observed after sending, prior to its expiry, a response to the User to the User’s email address.
Our primary methods of communication with you include (i) posting information via the Platform, (ii) sending email(s) to your email address of record, and (iii) providing you with notice(s) that will direct you to www.voluto.app where you can read and print such information. Accordingly, communications between you and us use electronic means. By electronically setting up your Wallet, you acknowledge and agree that electronic acceptance of this Agreement is valid evidence of your consent to be legally bound by this Agreement and such subsequent terms as may govern the use of your Wallet and our Services. For contractual purposes, you (i) agree to transact business with us electronically and consent to receive communications from us in an electronic form; and (ii) agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
By accepting this Agreement, you are giving your informed consent to electronic delivery of all Wallet Documents. Wallet Documents may be provided to you on the Platform or sent to you at the email address that you have given to us in your Wallet or at such other email address as you may hereafter give us by email at least 10 calendar days prior to delivery. All communications so sent shall be deemed given to you personally when sent by or on behalf of Voluto, whether actually received or not, and shall be considered to constitute “written notice” from us to you, and the date of receipt shall be considered to be the date of transmission. Unless otherwise required by law, we reserve the right to post Wallet Documents on the Platform without providing additional notice to you. Regardless of whether or not you receive an email notification, you agree to check the Platform regularly to avoid missing any information, including time-sensitive or otherwise important communication.
You acknowledge that the internet is not a secure network and agree that you will not send any confidential information, including Wallet passwords, in any unencrypted emails. You also understand that communications transmitted over the internet may be accessed by unauthorized or unintended third parties and we will not be liable for any such access regardless of the cause.
You understand that in order to receive and download electronic deliveries, you must have access to the internet, a valid email address, and the ability to download such applications as Voluto may specify and to which you have access. You can download, save, or print any Wallet Documents you receive via electronic delivery for your records. You will maintain a valid email address and continue to have access to the internet.
Potential costs associated with electronic delivery of Wallet Documents may include charges from internet access providers and mobile services providers, and you agree to bear these costs. Voluto will not charge you additional online access fees for receiving electronic delivery of Wallet Documents.
You understand and agree that we may record and monitor any electronic communications with you. You acknowledge and understand that not all electronic communications are recorded by us, and we do not guarantee that recordings of any particular electronic communications will be retained or capable of being retrieved. You also acknowledge and agree that we maintain and retain records of all information, activity, and communications relating to your Wallet and use of the Platform.
Choice of Law. This Agreement is governed by the laws of the Republic of Lithuania.
Jurisdiction. Voluto and you agree to attempt informal resolution of any dispute arising in connection with this Agreement, your Wallet, or the Services prior to any demand for adjudication of any kind as stipulated under section 18 of this Agreement. If we cannot solve such dispute informally, any such dispute shall be finally settled in a competent court of the Republic of Lithuania.
Force Majeure. We are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control and which we could not have reasonably anticipated when entering into this Agreement, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, communication disruption, failure or shortage of infrastructure, or any other event beyond our control.
Severability. If any provisions or conditions of this Agreement are or become inconsistent with any present or future law, rule or regulation of any applicable government, regulatory, or self-regulatory agency or body, or are deemed invalid or unenforceable by any court of competent jurisdiction, such provisions shall be deemed rescinded or modified, to the extent permitted by applicable law, to make this Agreement in compliance with such law, rule or regulation, or to be valid and enforceable, but in all other respects, this Agreement shall continue in full force and effect.
Entirety of the Agreement. This Agreement, any attachments hereto, other additional terms and policies referred to in this Agreement, and the terms and conditions contained in your Wallet statements and Transaction confirmations, contain the entire agreement between us and you and supersedes all prior or contemporaneous communications and proposals between us and you.
No Waiver. We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Interpretation. The section headings are provided merely for convenience and will not be given any legal importance.
Assignment. You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
Survival. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, provisions concerning suspension or termination of Service, User representations and warranties, intellectual property provisions, disclaimers, limitations of liability.
If you would like to contact us for any reason email us at email@example.com or “Support” button on Voluto app.
If you have any questions on the terms of service, please contact us at: firstname.lastname@example.org or “Support” button on Voluto app.