Last updated: 18th April 2022
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://www.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, an operating license: number FVT000120 for Financial services, Providing a virtual currency service. It applies when you use Mobilum Services which is a B2B and B2C service that allows individuals or companies (“Users”) to use Mobilum as a technology provider to enable Users to buy, sell, swap, and store cryptocurrency. These Terms 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.
The terms with capital letters used in the Contract and in Terms shall have the meaning herein as set forth below:
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 and off-ramp service. Mobilum functions as a virtual currency service 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):
Bitcoin, USDT (USDT Tether), Ethereum (ETH), Cardano (ADA), Aave (AAVE), Basic Attention Token (BAT) , Bitcoin Cash (BCH), Compound (COMP), Dogecoin (DOGE), Polkadot (DOT), Enjin coin (ENJ), EOS (EOS), Flow (FLOW), Kyber network (KNC), Chainlink (LINK) , Litecoin (LTC), Polygon native (MATIC) , Polygon ERC-20 (MATIC ETH), Maker (MKR) , Omisego (OMG), Synthetix (SNX), Solana (SOL), Stacks (STX), Tron (TRX), Uniswap (UNI), Vechain (VET), Stellar (XLM) and Tezos (XTZ).
Mobilum can extend or limit the amount of cryptocurrency that the User can buy. 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:
Mobilum is using 3D Secure (3DS) 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.
PROVIDING THE SERVICES
After making the order and logging in / registration by the User, Mobilum receives the details, and the User enters the payment card details. Mobilum is processing the order, while the User receives a link to go through the KYC process. The User has 3 business days to complete the KYC process. After this time, Mobilum is authorized to resell the cryptocurrencies purchased for the User. Once KYC is done, Mobilum delivers purchased cryptocurrencies.
Mobilum is using 3D Secure (3DS) 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. Mobilum has the right to delay the delivery of purchased assets for the duration of the necessary User’s verification.
After the User is authorized by Mobilum, Mobilum purchases the cryptocurrency and transfers the purchased cryptocurrency to the User’s wallet.
Please note that Mobilum has the right to deliver coins up to 24 hours from the Purchase. It depends, among others on how the User went through the KYC process. Delivery time may be also extended if an AML investigation is required. Please be aware that the first time Purchase is handled manually and on time-to-time basis. Mobilum may score a particular User as trusted or not trusted depending on User’s behavior.
Please note that Mobilum does not accept cards issued in a different name or for a different person than the User who went through the KYC process . Sharing usernames, passwords or accounts is strictly prohibited.
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, in the case of transactions from a country on the non-permitted list, or if the credibility of the User Mobilum considers as suspicious or if the way of using the Mobilum Services is found to be inconsistent with its intended use and/or for fraud.
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 (external KYC services providers), 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.
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 has 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).
Unverified Users are not allowed to use any Services until the verification process has been completed.
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), 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.
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.
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 and all laws, rules, and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all Services of 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 marketplace is all about calculated risks. And one of those risks is the situation when there is a price difference from 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% for centralized exchanges and 1% for decentralized exchanges. The User must be aware of this when deciding to use Mobilum Services.
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.
MOBILUM’S RIGHTS AND RESPONSIBILITIES
THE USER’S RIGHTS, RESPONSIBILITIES, AND WARRANTIES
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 with respect to the Services provided hereunder and for a time period coincident with the event.
INTELLECTUAL PROPERTY RIGHTS
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.
Mobilum shall process the complaints lodged by the User concerning Services provided by Mobilum.
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 lodged the complaint 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.
CHARGEBACK AND REFUND POLICY
By using Mobilum Services, you agree to the following dispute/chargeback policy:
We encourage the User to contact us first for any problems with the User’s ordered Service. Please contact our Support (s[email protected]) if you need help or still have any questions.
FRAUD INVESTIGATION POLICY
The User has to report fraud, related to certain operation(s)/asset(s) to the Mobilum’s legal department [email protected]
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 written of the appropriate competent authorities (courts etc.) or based on the Mobilum’s internal KYC/AML procedures.
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]