Last updated: 27h April 2021
Welcome to MOBILUM OÜ (“MOBILUM”) services. Please read these Terms and Conditions (“Terms”) carefully. To make these Terms easier to read, MOBILUM services, including the websites, servers, mobile applications, any software, and the framework, API, and a web or mobile widget through which these items are provided are collectively called the “Services”.
By using our Services, you agree to these Terms. You are advised to print or download and keep a copy of these Terms for future reference. You can always view the current Terms at our Site: https://mobilum.com/terms-and-conditions/.
Why is this information important?
These Terms govern the relationship between you and MOBILUM, a company registered in Parda tn 4-ruum 309, Kesklinna linnaosa, Tallinn, Harju maakond, 10151, Estonia, registry number 14599147, having valid since 31st October 2018, and renewed at 28th August 2020 a Financial services license: Financial services, Providing a virtual currency service, number FVT000120. They apply when you use MOBILUM Services which is a B2B and B2C service that allows individuals or companies (“Users” or “Clients“) to use MOBILUM as a technology provider to enable Users to buy, sell, swap, and store cryptocurrency. They also set out other important things that you need to know.
These Terms, along with our Contract and its appendixes, Site, mobile application, and any other documents we give you that apply to our Services, form a legal agreement between you, and us, MOBILUM.
If there is any inconsistency between these Terms and our personal terms, these terms and conditions will apply.
The terms with capital letters used in the Contract and in Terms shall have the meaning herein as set forth below.
Contract – an agreement concluded between MOBILUM and the User, of which these Terms forms an integral part.
Digital Asset – means a peer-to-peer decentralized digital representation of value – products, commonly known as cryptographic tokens, digital tokens, or cryptocurrency (Bitcoins, Ethereum, Tether, tokens, etc.).
Fiat – means the government-issued currency that is approved and accepted by MOBILUM for the User to use the services under these Terms.
Force Majeure – means war, emergency, accident, blackouts, strikes, labor actions, riots, insurrections, civil commotion, labor or material shortages, government acts, court or tribunal orders, fire, earthquake, flood, storm, other agents beyond reasonable control, including failures of the Internet, computer hardware, telecommunications or any other equipment, as well as other impediments which the affected Party proves was beyond its control and that it could not reasonably be expected to have taken the impediment into account at the time of the conclusion of the Contract / Terms or to have avoided or overcome it or its consequences.
Partner – Credit card acquirers, Banks, KYC/AML providers technology providers or vendors of any kind.
Parties – MOBILUM and the User jointly.
Purchase – means a transaction involving a transfer of cryptocurrencies to the User.
Sale – means a transaction involving a transfer of cryptocurrencies from the User.
Services – means all and any services provided by MOBILUM, including but not limited to the service of exchanging a virtual currency against a fiat currency, virtual currency against another virtual currency, and virtual currency wallet service.
Site – means MOBILUMs’s website at https://mobilum.com/ and/or https://xcard.io or any other website where the MOBILUM widget is exposed and MOBILUM Services are being served.
Store – means storing of the User’s cryptocurrency in a wallet owned and/or operated by the MOBILUM at User’s behalf and his disposal.
Swap – means a transaction involving a transfer of a different cryptocurrency from the User and a different cryptocurrency to the User where exact amounts are agreed by the User.
Terms – the present document which contains terms that are accepted by the User by ticking a checkbox when registering or using any Services and any other agreements, which are entered into between the User and MOBILUM from time to time.
User or Client – a natural person, legal person, or an organization also while having a legal personality, which uses MOBILUM Services to make Purchase, Sell, Swap, or Store of cryptocurrencies.
Where the context so admits words denoting the singular shall include the plural and vice versa.
SUBJECT MATTER OF THE GENERAL TERMS
MOBILUM provides an online Digital Asset on-ramp service. MOBILUM functions as a cryptocurrencies provider and not as a buyer or seller in trades made between the Users and the Partners. The User acknowledges and agrees that, when completing trading transactions, that MOBILUM may act as a provider of cryptocurrencies in such transactions, e.g. the counterparty to any trade, or provide other Services, e.g. wallet services not being a counterparty to such trade.
MOBILUM does not provide any investment advice relating to cryptocurrencies, or any other Digital Assets that can be acquired via MOBILUM Services.
MOBILUM strives to maintain the accuracy of the information on the Site and/or given while providing the Services, however, MOBILUM cannot and does not guarantee the accuracy, suitability, reliability, completeness, performance, or fitness for any purpose of the content made available through the Site or the Services, and will not be liable for any loss or damage that may arise directly or indirectly from your use of such content. Information on the Services can be subjected to change without notice and is provided for the primary purpose of facilitating users to arrive at independent decisions.
The following cryptocurrencies are available through our crypto services (this list may be revised, please check relevant data on our website from time to time):
USDT (USDT Tether), TUSD (True USD), BTC, LTC, ETH, XRP, BCH, MBM.
MOBILUM can extend or limit the amount of cryptocurrency that the User can buy. MOBILUM will inform the User of the amount of any extension or limit before starting the Purchase process. At times, MOBILUM may refuse the User’s instruction to buy or sell cryptocurrency. If MOBILUM does so, MOBILUM will not be responsible for any losses incurred by the User.
MOBILUM may deny User’s instructions if:
MOBILUM offers the following services:
Purchase services to individuals and businesses:
Each User who wishes to use the Services must pass KYC check with liveness detection and AML check and by communicating with MOBILUM such User authorizes MOBILUM to process, use and store any transmitted data for the time as applicable law required.
Each User provides his/her wallet address or email address. In case there is no wallet, we will send you the information on how to get the assets you purchased by email.
Subject to prior MOBILUM’s authorization, to perform OTC Purchases the User transfers the FIAT to the MOBILUM’s bank account and instructs the MOBILUM on the cryptocurrency purchase on his behalf.
Once the FIAT is credited to the MOBILUM’s account, MOBILUM quotes a trade and asks for the User’s authorization to perform a transaction.
MOBILUM is using 3D Secure 2 (3DS2) as the authentication protocol for online card payments. The cardholder authenticates themselves to the issuing bank on the 3D Secure page by entering an OTP (One Time Pin) or known password etc. The result of this authentication is returned to MOBILUM. MOBILUM submits the card information and the 3D Secure authentication result to our acquiring bank.
When the card is being used for the first time for the given User, MOBILUM has the right to delay in the delivery of purchased assets for the duration of the necessary verification.
After the MOBILUM is authorized by the User, the MOBILUM purchases the cryptocurrency and transfers the purchased cryptocurrency to the User’s wallet.
WARNING: you are strongly advised to read this
ANY PURCHASE UNDER THESE TERMS CAN BE AGREED BETWEEN THE MOBILUM AND THE USER ELECTRONICALLY (INCLUDING BUT NOT LIMITED TO BY EMAIL, MESSENGERS SUCH AS TELEGRAM, WHATSAPP, ETC., BY PHONE) OR BY THE WORD OF MOUTH, AND THE USER ASSUMES SOLE RESPONSIBILITY FOR RESULTS OBTAINED FROM THE USE OF THE SERVICES. THE MOBILUM SHALL HAVE NO LIABILITY FOR ANY DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY INFORMATION, INSTRUCTIONS OR SCRIPTS PROVIDED TO THE MOBILUM BY THE USER IN CONNECTION WITH THE SERVICES, OR ANY ACTIONS TAKEN BY THE MOBILUM AT THE USER’S DIRECTION INCLUDING BUT NOT LIMITED TO PURCHASE PRICES AGREED BETWEEN THE MOBILUM AND THE USER.
MOBILUM has the right to deliver coins up to 24 hours from the Purchase. Delivery time may be extended if an AML investigation is required. Please be aware that the first-time Purchase is handled manually and on a time-to-time basis. MOBILUM may score a particular User as trusted or not trusted depending on the User’s behavior. MOBILUM provides instant delivery for trusted Users only.
MOBILUM does not accept using cards issued in a different name or for a different person than the User who went through the KYC process. It is not allowed to give the username, password, or account to a different person. If any of the above-mentioned situations will happen, MOBILUM is entitled to deduct an amount of $100 per case as a fine.
MOBILUM has the right to refuse to provide its Services to the User on its sole discretion. In particular, MOBILUM may refuse to execute a transaction if MOBILUM considers the transaction as suspicious within the meaning of the AML regulations or the credibility of the User or if using the MOBILUM Services is found to be inconsistent with its intended use and/or for fraud.
Opportunities for Partners and how to become our Partner:
MOBILUM offers a great opportunity to become our partner and earn more!
Our Services are also available on mobile devices with IOS or Android operating systems.
By using Services, the User expressly represents and warrants that he/she:
If the User is entering into these Terms on behalf of a legal entity of which he/she is an employee or agent, the User represents and warrants that he/she has all necessary rights and authority to bind such legal entity.
By accessing and using the Services, the User represents and warrants that he/she is not on any trade or economic sanctions (and/or restrictions) lists.
MOBILUM maintains the right to select its markets and jurisdictions to operate and may restrict or deny the Services in certain countries at its discretion. Depending on the User’s place of residence (and/or other legal facts), the User may not be able to use all of the Services.
It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses the Services. The User is solely responsible for understanding and complying with any laws, rules, and regulations of his/her specific jurisdiction that may apply to the User in connection with the use of any Services of MOBILUM.
MOBILUM’S RIGHTS AND RESPONSIBILITIES
MOBILUM shall provide the Services to the User.
The Services shall remain the property of MOBILUM. MOBILUM cooperates with its Partners and relies on their licenses and its own.
The Partners have the obligation to carry out the implementation of the KYC/AML check procedure for any MOBILUM’s User who wants to use the Services. The detailed information regarding this procedure is contained in MOBILUM’s AML policy.
MOBILUM undertakes to provide the Services with the appropriate effort, due care, and by these Terms. MOBILUM’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the digital currencies transferred. MOBILUM responsibility shall be further limited to ensuring the transfer of the necessary technical data to the digital currency network provided by the Partner.
To the extent permitted by law, MOBILUM is not responsible 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 is caused by a breach of these Terms.
MOBILUM is not responsible: (i) for the delay in the processing of payments made by the fault of any third parties, the Partners, or operators of such transactions, (ii) for any malfunction, breakdown, delay, or interruption, including but not limited to, caused directly or indirectly by blockchain environment and its processes, nodes, etc., and/or caused by the Internet connection or any reason why our Services are unavailable at any given time.
In the case of fraud, MOBILUM undertakes to report all the necessary information, including names, addresses, and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. Detailed information regarding our anti-money laundering procedures can be found in our AML policy.
MOBILUM exchange rate for buying or selling cryptocurrency is based on the rate that the crypto exchanges or liquidity providers offer MOBILUM at the time. It is a variable exchange rate and, which means it is constantly changing.
THE USER’S RIGHTS, RESPONSIBILITIES, AND WARRANTIES
The User shall be obliged to provide MOBILUM with at least one number of the credit card from which the deductions for the purchased cryptocurrencies will be made.
The User has the right to use the Services, as long as he/she agrees to and actually complies with the Terms. By using the Services, the User agrees to accept and comply with the terms and conditions stated herein.
The User accepts and confirms that he may not withdraw or cancel any given instruction in connection with the ordered Services if those have already been performed. The User will be entitled to the exact denomination of cryptocurrency he/she has instructed MOBILUM to buy. MOBILUM assumes no volatility risk that may be associated with the cryptocurrency purchased, sold, or swapped for the User, and as such MOBILUM will settle the agreed-upon denomination of said cryptocurrency irrespective of what its price may be at a future date.
The User has to comply with all applicable laws and regulations related to the use of the Services.
The User undertakes not to use the Service to perform criminal and/or illegal activity of any sort, including but not limited to, money laundering, illegal gambling, and non-regulated forex operations, financing terrorist organizations, or malicious hacking.
The User is responsible for all damages caused, and all liability actions brought against MOBILUM for infringement of any third-party rights or violation of any applicable laws. Nothing in the Terms excludes or limits the liability of the User for fraud, penalties any other negative consequences, caused by their negligence, breach of the terms implied by operation of law, or any other liability which may not be limited or excluded by law.
Users are solely responsible for determining whether any contemplated transaction is appropriate for them based on their personal goals, financial status, and risk willingness.
The User represents and warrants that he/she will only use the Services to perform transactions following the conditions outlined in these Terms and that they are duly authorized.
The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.
MOBILUM shall process the complaints lodged by the User concerning Services provided by MOBILUM provided under the Contract.
The User may send to MOBILUM any complaints regarding the Service provided by MOBILUM electronically, to the email address: s[email protected]
The complaints concerning Services should be lodged promptly after the arising of the circumstances which cause reservations.
The User who complained is required to provide:
The complaint should be accompanied by copies of the documents to which the complaint relates.
The deadline for examining the complaint shall run from the moment of receipt of the complaint by MOBILUM, including the documents and the data referred to in these Terms.
MOBILUM shall respond to the complaint in writing or, upon agreement with the User, or on another durable medium (e.g. electronically, to the email address from which the complaint has been sent).
Answers to the complaint shall be prepared and transferred to the User without unnecessary delay, and within the time window as set by the Service Level Agreement (SLA) between MOBILUM and its customer in writing.
In particularly complex cases that make it impossible to process the complaint and to provide an answer, MOBILUM:
RISK OF CRYPTOCURRENCIES
Please be aware that cryptocurrency carries significant risks. The User should carefully consider whether it is appropriate for you to buy cryptocurrency.
These risks include the following:
The price or value of cryptocurrencies can rapidly increase or decrease at any time. It may even fall to zero. Unlike fiat currencies, no bank or government can stabilize the value of cryptocurrency if it changes suddenly.
All Users should be aware that the marketplace is all about calculated risks. And one of those risks is the situation when there is a price difference between the amount of the original market order and the actual price paid of a stock (“Slippage”). Slippage can, and does, happen in any trade situation, and occurs to both cryptocurrency and traditional assets – it is a regular market phenomenon and occurs in all kinds of markets, be they equities, currencies, bonds, futures, or cryptocurrency. Sudden price changes usually occur with major news events, and with certain trading seasons. Therefore, MOBILUM stipulates that there is a possibility of the slipping of the purchase price (settlement) by 0.3%. The User must be aware of this when deciding to use MOBILUM services.
INTELLECTUAL PROPERTY RIGHTS
All content on this Site is the property of MOBILUM and is protected by copyright, patent, trademark, and any other applicable laws unless otherwise specified hereby.
The trademarks, trade names, service marks, and logos of MOBILUM and others used on the Site (hereinafter the “Trademarks”) are the property of MOBILUM. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video, and audio materials used on this Site belong to MOBILUM. The Trademarks and other content on the Site may not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected, or distributed in any form or by any means, no matter manual or automated. The use of any content from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark, and any other applicable laws and could result in criminal or civil penalties.
Identification and verification procedures (also known as “Know Your Customer” or “KYC”) are required. By using MOBILUM Services, the User authorizes MOBILUM to make inquiries, either directly or through third parties (the Partners), that are deemed necessary to verify the User’s identity, to check the relevance and accuracy of the information provided for verification purposes, or to protect the User and/or MOBILUM against financial crimes such as fraud.
In addition to providing the information referred to in these Terms, to facilitate compliance with global industry standards for data retention, the User agrees to permit MOBILUM and its Partners to keep a record of such information for the 5 years beyond using Services.
If the User refuses to provide required documents and information under KYC, MOBILUM reserves the right to immediately terminate the Services provision to the User.
If there is any reasonable doubt that any information provided by the User is wrong, untruthful, outdated, or incomplete, MOBILUM and its Partners shall have the right to send the User a notice to demand corrections, request additional information, remove relevant information directly, and, as the case may be, terminate all or part of the Services to the User.
The User acknowledges and agrees that the Purchase may be delayed due to some verifications and checks (performed by MOBILUM or the Partners). Similarly, and due to the inherent nature of the digital currency networks, the User acknowledges and agrees that Purchase may take some time.
Unverified Users are not allowed to use any Services until the verification process has been completed.
Acting by the Estonian Money Laundering and Terrorist Financing Prevention Act, in particular with § 31 of the act and the regulation of the minister referred to in § 31 (6) of the act, we kindly inform you that the video verification is carried out concerning the following group of clients:
It must be noted that the video identification of a person and the verification of a person’s identity do not oblige the Service Provider to establish a business relationship or guarantee the accessibility of services.
Additionally, it is stated that video verification is not successful when:
You agree to pay MOBILUM the fees outlined in the Contract / Terms which may be updated from time to time at MOBILUM’s sole discretion. Any such updated fees will apply prospectively to any trades or other transactions that take place following the effective date of such updated fees.
The minimal fee equals a minimal currency amount. The fee is charged with rounding in the favor of MOBILUM. The rounding policy for digital currencies may vary depending on digital currency.
For specific types of orders, the fee may differ from those published on the Site. Such a special fee rate shall be disclosed before the order execution.
The fees, other charges, as well as the charging procedure can be changed/reviewed unilaterally by MOBILUM from time to time and such changes shall become effective the moment they are posted on the Site.
FRAUD INVESTIGATION POLICY
The User has to report fraud, related to certain operation(s)/asset(s) to the MOBILUM’s legal department [email protected]
If convincing evidence(s) of fraud is(are) provided, the appropriate operation(s)/asset(s)/ is(are) considered suspicious of fraud.
MOBILUM will freeze suspicious of fraud asset(s) and/or will cancel suspicious of fraud operation(s) and/or will transfer stolen funds to the proper owner only based on the final resolution in writing of the appropriate competent authorities (courts etc.) or based on the MOBILUM’s internal KYC/AML procedures.
LIMITATION OF LIABILITY
If MOBILUM is unable to perform the Services outlined in the Terms due to the factors beyond its control including but not limited to the event of Force Majeure, change of law, or change in sanctions policy, MOBILUM will not have any responsibility to the User concerning the Services provided hereunder and for a time period coincident with the event.
These Terms will terminate when the User fails to comply with any term or condition of these Terms. MOBILUM may terminate the User’s access to the Services, at MOBILUM sole discretion, at any time and without notice to the User. The User may terminate cooperation by email at [email protected]
Upon any termination, discontinuation, or cancellation of Services or your Account: (i) the User will cease all use of the Services and (ii) all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
MODIFICATIONS AND AMENDMENTS
MOBILUM reserves the right to amend or modify any portion of these Terms at any time by publishing the revised version of the Terms on the Site. The changes will become effective and shall be deemed accepted by the User, the first time the User uses the Services after the publishing of the revised Terms and shall apply on a going-forward basis concerning any activity initiated after publishing. If the User does not agree with any such modification, the User’s sole and exclusive remedy is to terminate the use of the Services. The User agrees that MOBILUM shall not be liable to the User or any third party as a result of any losses suffered by any modification or amendment of these Terms.
PERSONAL DATA PROCESSING
MOBILUM hereby states that personal data of the Users obtained thereby as a result of the execution of the Contract / Terms and for the proper performance of the Contract / Terms shall be processed by MOBILUM, following the applicable provisions, including with the Regulation of the European Parliament and the European Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons in connection with personal data processing and on a free flow of such data and repealing Directive 95/46/EC (General Regulation on Data Protection – GDPR) and other regulations adapting Estonian law to the GDPR provisions.
By using MOBILUM Services, you agree to the following dispute/chargeback policy:
MOBILUM provides its Services over the Internet. Given the specific nature of these Services, User cannot return or exchange products, nor cancel or withdraw from the Services;
The practice of claiming a refund or requesting a chargeback after having used any of our Services is considered fraudulent.
When MOBILUM receives a chargeback notice, the account in which the Service was purchased is immediately blocked, and all associated Services in the account are terminated. MOBILUM always considers chargebacks to be the result of fraud; since fraudulent Services go hand-in-hand with malware and phishing, the immediate termination of all services related to the chargeback is the best way to protect the public from harm.
If the User tries to dispute or deny a valid charge, the User’s credit card account with his name and address, User’s IP address will immediately be added to a negative database. The negative database is shared by thousands of merchants on the internet, both large and small, and the User will not be able to purchase goods or services from said merchants in the future.
All frivolous chargebacks not only cost MOBILUM employees time away from our usual and customary matters of conducting normal business but cost us money, therefore:
The User agrees not to issue chargebacks for any credit card payments. A chargeback of payment for services rendered will result in an additional charge of $500 fee to process it. All frivolous chargebacks not only cost our employees time away from our usual and customary matters of conducting normal business but cost us money, therefore: for our time responding to the matter. The User authorizes us to charge this amount to your credit card. If this charge is rejected, MOBILUM will pursue legal action to recoup losses for our time associated with responding to the chargeback in addition to any other fees explained above. User agrees to reimburse us or any representative we may appoint for any legal expenses your actions may make us incur.
MOBILUM may attempt to recover fraudulently disputed charges plus additional costs via a third-party collection agency and your account will be reported to all credit bureaus as a delinquent collection account. This may severely damage your credit rating for at least
the next seven (5) years. In addition to this, file a report with the User’s local police department.
To avoid any of the above, we encourage the User to contact us first for any problems with the User’s ordered Service. We are always here to assist you with any complaints or problems you may have. Please contact our Support (s[email protected]) if you need help or still have any questions. Please remember that trying to deny a valid charge through your bank or credit card company is fraudulent and illegal!
User can request a refund of their money 100% if they did not perform or ordered Services. But NO-CHARGE BACKS before a refund claim are allowed.
Since MOBILUM incur certain expenses and processing fees when issuing a refund, the User shall reimburse 5% of each refunded sum to the MOBILUM.
If a User fails to perform its obligations i.e. User’s obligations not to issue chargebacks for any credit card payments, then, without limiting MOBILUM’s other remedies, actions, or fees under these terms the User shall pay interest to MOBILUM as a penalty on the chargeback sum. Interest under this clause will accrue at 100% of the sum of each chargeback requested by the User. The User shall pay such interest in cleared funds to the MOBILUM immediately following the User giving notice of issuing chargeback to the MOBILUM.
For a refund, the User must email us and give the reason. Please contact our Support ([email protected])
Regardless of the reason, if given, we will still refund your money allow 61 days and we will send you the refund. The reason for 60 days is to avoid fraud since a credit card has 60 days to request a charge-back. By visiting our website, or placing an order for any of our Services, the User confirms that has read, understood, and agreed to abide by all legal notices, policies, and Terms.
By submitting any payment to MOBILUM or ordering the Service, the User indicates that he understands and agrees to the Terms.
The Terms shall apply during the effective term of the Contract / Terms, or during the effective term of using Services (if no contract has been signed).
If you have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of the Site and the Service or any other matter, please contact us via email: [email protected]