Terms of Service

Moonable User Agreement

By signing up for an account on www.moonable.io , any associated websites, APIs, or mobile applications (collectively “Moonable”), you agree that you have read, understood, and accepted all of the terms and conditions contained in this Agreement, as well as our Privacy Policy and E-Sign Consent. Moonable is operated by Moonable UAB, registry code 305992065, with its registered office located at J. Basanavičiaus g. 26, LT-03224 Vilnius, Lithuania, and registered on March 16, 2022 to act on the territory of Lithuania and the EEA countries as a virtual currency deposit wallet and Exchanger for virtual currencies (the “Company”).

PART 1: GENERAL USE

Basic Moonable Services.

1.1. Eligibility. To be eligible to use the Moonable platform, you must be at least 18 years old or have reached the applicable age of majority and contractual capacity of the jurisdiction of residence.

1.2. Moonable Services. Your Moonable account (“Moonable Account”) encompasses the following basic services:

One or more hosted digital currency wallets (the “Digital Currency Wallet”) to allow users to store, manage and transfer certain Supported Digital Currencies, such as Bitcoin, Ethereum, USDT and USDC (the “Supported Digital Currencies”);
Digital Currency conversion services through which users can buy and sell Supported Digital Currencies in transactions with Moonable (the “Conversion Services”);
One or more wallets to store and transfer government-issued currency (“Fiat Currency”), such as US dollars, EU euros, and British pound sterling for use in connection with other Moonable Services (the “Fiat Currency Wallet”).

The risk of loss in holding Digital Currency can be substantial, therefore, you should carefully consider if holding Digital Currency is suitable for you in light of your financial condition.

Creating a Moonable Account.

2.1. Registration of Moonable Account. In order to use any of the Moonable Services, you must first register by providing your name, email address, password, and acknowledging your acceptance of these Terms and Conditions. Moonable may, in its sole discretion, refuse to open an account or limit the number of accounts that a single user may establish and maintain at any time.

2.2. Identity Verification. In order to use certain features of the Moonable Services, including certain transfers of Digital Currency and/or Fiat Currency, you may be required to provide Moonable with certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, government identification number, information about your profession or business activity, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number). In submitting this or any other personal information as may be required, you certify that the information is accurate and authentic, and you agree to update your information if changed.

You hereby authorize Moonable to make, directly or through third parties, any inquiries we consider necessary to verify your identity and protect the company against fraud, money laundering or terrorist financing. That includes querying identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), querying account information associated with your linked bank account (e.g., name or account balance), and taking any actions we deem reasonably necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.

Updating all the information provided by the client will be solely and exclusively their responsibility.

Hosted Digital Currency Wallet.

3.1. In General, Digital Currency Wallet service allows you to send Supported Digital Currency to, and request, receive, and store Supported Digital Currency from, third parties pursuant to instructions you provide through the Moonable Site (each transaction is a “Digital Currency Transaction”). Moonable reserves the right to process or cancel any pending Digital Currency Transaction as required by law or in response to a court order, or other binding government order or to enforce transaction limits. Moonable cannot reverse a Digital Currency Transaction which has been processed within a Digital Currency network. The Hosted Digital Currency Wallet services are available only in connection with those Supported Digital Currencies that Moonable, in its sole discretion, decides to support. The Supported Digital Currencies that Moonable supports may change from time to time. If you have any questions about which Supported Digital Currencies Moonable currently supports, please contact [email protected]. Under no circumstances you should attempt to use your Digital Currency Wallet services to store, send, request, or receive Digital Currencies in any form that are not supported by Moonable. Moonable assumes no responsibility or liability in connection with any attempt to use Moonable Services for Digital Currencies that Moonable does not support.

3.2. Digital Currency Transactions. Moonable processes Supported Digital Currencies according to the instructions received from its users and we do not guarantee the identity of any user, receiver, requester, or another party. You should verify all transaction information prior to submitting instructions to Moonable. In the event that you initiate a Digital Currency Transaction by entering the recipient’s email address and the recipient does not have an existing Moonable Account, Moonable will email the recipient and invite them to open a Moonable Account. If the designated recipient does not open a Moonable Account within 30 days, Moonable will return the Supported Digital Currency associated with the transaction to your Moonable Account. Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your Moonable Account balance or be available to conduct transactions. When Digital Currency Transactions are made from an external Wallet to a Moonable wallet, an Internal Fee will be deducted to the Customer. Moonable may charge network fees (miner fees) and internal fees to process a Digital Currency transaction on your behalf or at your name. Moonable will calculate the network fee and the internal fee at its discretion.

3.3. Digital Currency Storage & Transmission Delays. Moonable securely stores all Digital Currency private keys in our control in a combination of online and offline storage. As a result, it may be necessary for Moonable to retrieve certain information from offline storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, which may delay the initiation or crediting of such Digital Currency Transaction for 48 hours or more. You acknowledge and agree that a Digital Currency Transaction facilitated by Moonable may be delayed.

3.4. Third Party Payments. Moonable has no control over or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of Moonable Services). Moonable is not responsible for ensuring that a buyer or a seller you may transact with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from or sold to a third party in connection with Digital Currency transferred using the Moonable Services, or if you have a dispute with such a third party, you must resolve the dispute directly with that third party. If you believe a third party has behaved in fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you can notify Moonable Support at [email protected] so that we may consider what action to take, if any.

3.5 Advanced Protocols. Unless specifically announced on our website or through some other official public statement of Moonable, we do not support metacoins, colored coins, side chains, or another derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Supported Digital Currency (collectively, “Advanced Protocols”). Do not use your Moonable Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. The Moonable platform is not configured to detect and/or secure Advanced Protocol transactions and Moonable assumes absolutely no responsibility whatsoever with respect to Advanced Protocols.

3.6 Operation of Digital Currency Protocols. Moonable does not own or control the underlying software protocols which govern the operation of Supported Digital Currencies. In general, the underlying protocols are an open source and anyone can use, copy, modify, and distribute them. By using Moonable, you acknowledge and agree (i) that Moonable is not responsible for operation of the underlying protocols and that Moonable makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Currency you store in the Moonable platform. In the event of a fork, you agree that Moonable may temporarily suspend Moonable operations (with or without advance notice to you) and that Moonable may, at its sole discretion, (a) configure or reconfigure its systems or (b) decide not to support (or cease supporting) the forked protocol entirely, provided, however, that you will have an opportunity to withdraw funds from the platform. You acknowledge and agree that Moonable assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.

Conversion Services.

4.1. In General. Eligible users in certain jurisdictions may buy or sell Supported Digital Currency through the Conversion Services. The Conversion Services are subject to the Moonable “Conversion Rate” for the given transaction. “Conversion Rate” means the price of a given Supported Digital Currency amount in terms of Fiat Currency or other Digital Currency as quoted on the Moonable Site. The Conversion Rate is stated either as a “Buy Price” or as a “Sell Price,” which is the price in terms of Fiat Currency or Digital Currency at which you may buy or sell Supported Digital Currency to Moonable. You acknowledge that the quoted Buy Price Conversion Rate may not be the same as the Sell Price Conversion Rate at any given time and that Moonable may add a margin or “spread” to the quoted Conversion Rate. You agree, as a condition of using any Moonable Conversion Services, to accept the Conversion Rate as the sole conversion metric. Moonable reserves the right to delay any Conversion Service transaction if it perceives a risk of fraud or illegal activity. Moonable does not guarantee the availability of its Conversion Service, and the act of purchasing Supported Digital Currency from Moonable does not result in a guarantee that you may sell your Supported Digital Currency to Moonable.

4.2. Purchase Transactions. After successfully completing the Verification Procedures and funding at least one Fiat Currency Wallet, you may purchase Supported Digital Currencies by linking an active Fiat Currency Wallet. You authorize Moonable to initiate debits from your selected Wallet in settlement of purchase transactions. A Conversion Service Fee (defined below) applies to all purchase transactions. Although Moonable will attempt to deliver Supported Digital Currency to you as promptly as possible, funds may be debited from your Fiat Currency Wallet before Digital Currency is delivered to your Digital Currency Wallet. We will make our best efforts to fulfill all transactions in real time, however, in the rare circumstance where Moonable cannot fulfill your purchase order at the stated Conversion Rate, we will notify you and seek your approval to complete the purchase order at the available Buy Price.

4.3. Sale Transactions. After successfully completing the verification procedures, you may sell Supported Digital Currency by linking an active Fiat Currency Wallet. You authorize Moonable to debit your Digital Currency Wallet and initiate payments to your selected Fiat Currency Wallet in settlement of sell transactions. An applicable Conversion Fee (defined below) applies to all sale transactions. All transactions are processed in real time, however, receipt of Fiat Currency depends on the Digital Currency sold and funds may be exceptionally credited to the Fiat Currency Wallet on the following business day.

4.4. Service Fees. Each Conversion Service transaction is subject to a fee (a “Service Fee,” also referred to as a “Conversion Fee”). The applicable Service Fee is displayed on the Moonable Site prior to you completing a Conversion Service transaction. You can view the current fees on our Fee Table page https://www.moonable.io/pricing-fees. Moonable will not process a conversion transaction if the Service Fee exceeds the value of your transaction.

Moonable reserves the right to adjust its Service Fees and any applicable waivers. We will always notify you of the Service Fee which applies to your transaction, both at the time of the transaction and in each receipt we issue to you.

4.5. Internal Fees: When Digital Currency Transactions are made from an external Wallet to a Moonable wallet, Moonable may charge a network fee (miner fees) and Internal Fee to process a Digital Currency Transaction. Moonable will calculate the network fee and the internal fee at its discretion.

4.6. Reversals; Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorize Moonable, at its sole discretion, either to cancel the transaction or to debit your other payment methods, including fiat currency balances in other wallets, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, non-sufficient funds, or similar fees charged by your payment provider. Moonable reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of Digital Currency at its sole discretion, even after funds have been debited from your account(s), if Moonable suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a court order, or other government order; or if Moonable suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, Moonable will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the canceled transaction.

4.8. Errors. In the event of an error, whether via our Services, in a purchase order confirmation, in processing your purchase, or otherwise, we reserve the right to correct such error and revise your purchase transaction accordingly (including charging the correct price) or to cancel the purchase and refund any amount received. Your sole remedy in the event of an error is to cancel your purchase order and obtain a refund of any amount charged.

4.9. No Returns or Refunds. All sales and purchases of Digital Currencies via the Services are final. We do not accept any returns or provide refunds for your purchase of Digital Currencies, except as otherwise provided in these Terms.

4.10. Payment Services Partners. Moonable may use a third-party payment processor to process funding and payments between you and Moonable, including but not limited to payments in relation to your use of the Conversion Service, deposits, or withdrawals from your Fiat Wallets. Moonable will not be held liable for any errors, mishandeling, loss or disruption of services caused or related to its Payment Services Partners.

OTC.

5.1. OTC. Moonable offers VIP attention to legal Customers or businesses to guarantee the order price and avoid distortion in the market due to the size of the order (“OTC Service”).

5.2. Requirements. To be able to use the OTC Service customers need to process orders above $100,000.00 USD.

5.3. Transactions:

5.3.1. Purchases. For purchases, Customers must have a fiat balance in their Moonable account which must cover the fee of the transactions as set forth on the page https://www.moonable.io/pricing-fees, e.g. $100,000.00 + fee (the “Minimum Purchase”).

5.3.2. Sales. For a Sale, Customers must have a balance in Digital Currency corresponding to the Minimum Purchase on their Moonable account. The Digital Currency amount will be debited from the wallet upon trading.

5.4. Transaction Process. In case of extreme market volatility, Moonable reserves the right to decline an OTC trade after trade confirmation. In rare cases, Customer’s Digital Currency balance may take 24 hours or more to reflect the OTC trade due to unforeseen circumstances such as blockchain congestion. Customer’s funds transferred for the issuance of Digital Currency will be protected in accordance with regulations encompassing Supported Digital Currencies, where applicable.

5.5. Fees. Customers agree to pay the applicable services fees set forth on our website (https://www.moonable.io/pricing-fees). Moonable reserves the right to modify the fees without limitations.

General Use, Prohibited Use, and Termination:

6.1. Limited License. We grant you a limited, nonexclusive, non transferable license, subject to the terms of this Agreement, to access and use Moonable, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by Moonable from time to time. Any other use of the Moonable Site or Content is expressly prohibited and all other rights, title, and interest in the Moonable Site or Content is exclusively the property of Moonable and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. “www.moonable.io”, “Moonable” and all logos related to the Moonable Services or displayed on the Moonable Site are either trademarks or registered marks of Moonable or its licensors. You may not copy, imitate or use them without Moonable’s prior written consent.

6.2. Website Accuracy. Although we intend to provide accurate and timely information on the Moonable Site, the Moonable Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products, and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Moonable Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including websites without limitation) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Moonable Site.

6.3. Third-Party Applications. If, to the extent permitted by Moonable from time to time, you grant express permission to a third party to access or connect to your Moonable Account, either through the third party’s product or service or through the Moonable Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your Moonable Account. Further, you acknowledge and agree that you will not hold Moonable responsible for, and will indemnify Moonable from, any liability arising out of or related to any act or omission of any third party with access to your Moonable Account.

6.4. Prohibited Use. In connection with your use of the Moonable Services, and your interactions with other users, and third parties you agree and represent that you will not engage in any Prohibited Business or Prohibited Use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your Moonable Account and/or block transactions or freeze funds immediately and without notice, if we determine, in our sole discretion, that your Account is associated with a Prohibited Use and/or a Prohibited Business.

6.5. Transactions Limits. The use of all Moonable Services is subject to a limit on the amount of volume you may transact or transfer in a given period (e.g., weekly). To view your limits, login to your Moonable Account and visit settings. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. Moonable reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request to [email protected]. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with Moonable staff (such process, “Enhanced Due Diligence”). Moonable reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. At our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.

6.6. Suspension, Termination, and Cancellation. Moonable may: (a) suspend, restrict, or terminate your access to any or all of the Moonable Services, and/or (b) deactivate or cancel your Moonable Account if:

We are so required by a court order, or binding order of a government authority; or
We reasonably suspect you are using your Moonable Account in connection with a Prohibited Use or Business; or
Use of your Moonable Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or
Our service partners are unable to support your use; or
You take any action that Moonable deems as circumventing Moonable’s controls, including, but not limited to, opening multiple Moonable Accounts or abusing promotions which Moonable may offer from time to time. In the event that a customer has a direct business relationship with an employee or any of our service partners. Using the platforms or companies provided by the employee instead of those provided by Moonable. The application of this clause in the sense of the suspension, termination or cancellation of the Moonable account, does not limit the possibility that the company will try the actions for the claims to which there is place

If Moonable suspends or closes your account, or terminates your use of Moonable Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits Moonable from providing you with such notice.

You acknowledge that Moonable’s decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to Moonable’s risk management and security protocols. You agree that Moonable is under no obligation to disclose the details of its risk management and security procedures to you.

You will be permitted to transfer Digital Currency or funds associated with your Digital Currency Wallet(s) and/or your Fiat Currency Wallet(s) for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid court order. You may cancel your Moonable Account at any time by withdrawing all balances. You will not be charged for canceling your Moonable Account, although you will be required to pay any outstanding amounts owed to Moonable. You authorize us to cancel or suspend any pending transactions at the time of cancellation.

6.7. Relationship of the Parties. Moonable is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause you and Moonable to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Moonable to be treated as the agent of the other.

6.8. Privacy of Others; Marketing. If you receive information about another user through the Moonable Services, you must keep the information confidential and only use it in connection with the Moonable Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation, and accounting unless you receive the user’s express consent to do so. You may not send unsolicited email to a user through the Moonable Services.

6.9. Password Security; Contact Information. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the Moonable Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Moonable Account by third parties and the loss or theft of any Digital Currency and/or funds held in your Moonable Account and any associated accounts, including your linked bank account(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Moonable and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Moonable Account information has been compromised, contact Moonable Support immediately at [email protected].

6.10. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Moonable Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your Moonable Account.

6.11. Unclaimed Property. If Moonable is holding funds in your account, and Moonable is unable to contact you and has no record of your use of the Services for several years, applicable law may require Moonable to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, Moonable will try to locate you at the address shown in our records, but if Moonable is unable to locate you, it will proceed as required under applicable laws. Moonable reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

Customer Feedback, Queries, Complaints, and Dispute Resolution

7.1. Contact Moonable: If you have any feedback, questions, or complaints, contact us via our Customer Support web page, our email [email protected] or send a letter addressed to Moonable Customer Support. When you contact us please provide us with your name, address, and any other information we may need to identify you, your Moonable Account, and the transaction on which you have feedback, questions, or complaints.

7.2. This Agreement and any disputes or claims arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the laws of the Republic of Lithuania. You irrevocably agree that the courts of the Republic of Lithuania have exclusive jurisdiction to settle any dispute or claim or other matter that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

7.3. Any disputes, disagreements or claims arising from the Terms, relating thereto or violation thereof, termination or invalidity, will be previously solved by mutual negotiations in good faith.

7.4. We accept no responsibility or liability for the transactions relationships between Your Moonable Account and other payment instruments of other persons.

7.5. The Company reserves the right not to refund You, if the Company strongly assumes that Your actions do not comply with the Terms. You may not receive a Refund until the Company’s investigation is complete.

7.6. You must bear all the consequences of any such dispute or any other action that has the effect of leaving commitments unpaid, unless this outstanding debt is the Company’s fault. These unpaid services will be charged by the Company to You the month the dispute occurred.

General Provisions.

8.1. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer virus, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or another attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Moonable. Always log into your Moonable Account through the Moonable Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

8.2. Release of Moonable; Indemnification. If you have a dispute with one or more users of the Moonable services, you release Moonable, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees, and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold Moonable, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.

8.3. Limitation of Liability; No Warranty. In no event shall Moonable, its affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees, or representatives, be liable (A) for any amount greater that the value of the supported digital currency on deposits in your Moonable account or (B) for any lost profits or any special, incidental, indirect, intangible, or consequential damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with liability, or otherwise, arising out of or in connection with authorized or unauthorized use of the Moonable site or the Moonable services, or this agreement, even if an unauthorized representative of Moonable has been advised of, knew, or should have known of the possibilities of such damages. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that Moonable failed to process a buy or sell transaction properly, your damages are limited to no more than the value of the supported digital currency at issue in the transaction, and that you may not recover for lost profits, lost business opportunities, or other types of special, incidental, indirect, intangible, or consequential damages in excess of the value of the supported digital currency at issue in the transaction. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation may not apply to you.

The Moonable services are provided on an “as is” and “as available” basis without any representation or warranty, whether express, implied, or statutory. To the maximum extent permitted by applicable law, Moonable specifically disclaims any implied warranties of the title, merchantability fitness for a particular purpose and/or non-infringement. Moonable does not make any representations or warranties that access to the site, any part of the Moonable services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.

Moonable makes no representations about the accuracy or completeness of historical Digital Currency price data available on the Site. Moonable will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Moonable makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.

8.4. Entire Agreement. This Agreement, the Privacy Policy, E-Sign Consent, and Appendices incorporated by reference herein comprise the entire understanding and agreement between you and Moonable as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and Moonable. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.

8.5. Amendments. We may amend or modify this Agreement by posting on the Moonable Site or emailing you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the Moonable Services, or suspension or termination of your access to the Moonable Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website and/or email before the material change becomes effective.

8.6. Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any Moonable affiliates or subsidiaries, or to any successor in interest of any business associated with the Moonable Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind to the benefit of the parties, their successors and permitted assigns.

8.7. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

8.8. Change of Control. In the event that Moonable is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

8.9. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, Moonable Account cancellation, debts owed to Moonable, general use of the Moonable Site, disputes with Moonable, and general provisions, shall survive the termination or expiration of this Agreement.

8.10. Governing Law. The terms of this agreement will be governed by the laws of Lithuania. Any claim or dispute that has arisen or may arise between you and the Company will be resolved in accordance with Lithuanian Law.

8.11. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

APPENDIX 1: PROHIBITED USE, PROHIBITED BUSINESSES, AND CONDITIONAL USE

Prohibited Use

You may not use your Moonable Account to engage in the following categories of activity (“Prohibited Uses”). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Moonable Services involves a Prohibited Use, or have questions about how these requirements apply to you, please contact us at [email protected]. By opening a Moonable Account, you confirm that you will not use your Account to do any of the following:

Unlawful Activity: Activity which would violate, or assist in the violation of any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Moonable conducts business or which would involve proceeds of any unlawful activity.
Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Moonable Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Moonable Site, other Moonable Accounts, computer systems or networks connected to the Moonable Site, through password mining or any other means; use Moonable Account information of another party to access or use the Moonable Site, except in the case of specific Merchants and/or applications which are specifically authorized by a user to access such user’s Moonable Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of Moonable
Abuse Other Users: Interfere with another individual’s or entity’s access to or use of any Moonable Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage violent acts against others; harvest or otherwise collect information from the Moonable Site about others, including without limitation email addresses, without proper consent
Fraud: Activity which operates to defraud Moonable, Moonable users, or any other person; provide any false, inaccurate, or misleading information to Moonable.
Illegal Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance unless properly licensed to operate in the country where it conducts business.
Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of Moonable intellectual property, name, or logo, including use of Moonable trade or service marks, without express consent from Moonable or in a manner that otherwise harms Moonable or the Moonable brand; any action that implies an untrue endorsement by or affiliation with Moonable.

APPENDIX 2: VERIFICATION PROCEDURES AND LIMITS

Moonable uses multi-level systems and procedures to collect and verify information about you in order to protect Moonable and the community from fraudulent users and to keep appropriate records of Moonable’s customers. Your daily or weekly Conversion limits, withdrawal limits, Instant Buy limits, Fiat Wallet transfer limits, and limits on transactions from a linked payment method are based on the identifying information and/or proof of identity you provide to Moonable.

All users who wish to buy Digital Currency using Moonable’s Standard Conversion Service, at minimum, must:

Establish a Moonable Account by providing your name, authenticating your email address, and accepting the Moonable User Terms.
Add and verify a phone number.
Add and verify a bank account.
Upload an ID document issued by your government to get verified under US laws and regulations.

Notwithstanding these minimum verification procedures for the referenced Moonable Services, Moonable may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any Moonable Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your level of identity verification by visiting your account’s Limits page.

You may contact [email protected] to request larger limits. Moonable will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and Moonable does not guarantee that we will raise your limits.

APPENDIX 3: E-SIGN DISCLOSURE AND CONSENT

This policy describes how Moonable delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.

Electronic Delivery of Communications

You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, “Communications”) that we provide in connection with your Moonable Account and your use of Moonable Services. Communications include:

Terms of use and policies you agree to (e.g., the Moonable User Agreement and Privacy Policy), including updates to these agreements or policies;
Account details, history, transaction receipts, confirmations, and any other Account or transaction information;
Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
Responses to claims or customer support inquiries filed in connection with your Account.

We will provide these Communications to you by posting them on the Moonable website, emailing them to you at the primary email address listed in your Moonable profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.

Hardware and Software Requirements

In order to access and retain electronic Communications, you will need the following computer hardware and software:

A device with an Internet connection;
A current web browser that includes 128-bit encryption (e.g. Internet Explorer version 9.0 and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and above) with cookies enabled;
A valid email address (your primary email address on file with Moonable); and
Sufficient storage space to save past Communications or an installed printer to print them.

Updating your Information

It is your responsibility to provide us with a true, accurate and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if Moonable sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Moonable will be deemed to have provided the Communication to you.

You may update your information by logging into your account and visiting settings or by contacting our support team via email at [email protected].

APPENDIX 4: GOVERNMENT LICENSE DISCLOSURES.

Moonable maintains a license to engage in Digital Currency activities in Lithuania, and this license may impact our provision and your use of certain Moonable Services depending on where you live. Moonable’s licenses and corresponding required disclosures can be found on the Moonable Site.

If you have a question or complaint, please contact the consumer assistance division of Moonable at [email protected].

Governmental notice:

Fiat currencies are legal tender backed by correspondent governments.
The value of digital and virtual currencies is derived from supply and demand in the global marketplace which can rise or fall independently of any fiat (government) currency.
Holding digital and virtual currencies carries the exchange rate and other types of risk.

Potential users of digital or virtual currencies should be forewarned of a possible financial loss at the time that such currencies are exchanged for Fiat currency due to an unfavorable exchange rate. A favorable exchange rate at the time of exchange can result in a tax liability. Please consult your tax advisor regarding any tax consequences associated with your holding or use of digital or virtual currencies.