Terms of Use for Customers

PLEASE READ THESE TERMS TOGETHER WITH THE POLICIES (EACH AS DEFINED BELOW) CAREFULLY BEFORE USING THE LUNU SERVICES, SUCH AS THE WIDGET AND THE POS TERMINAL (HEREINAFTER THE LUNU SERVICES). BY USE OF THE LUNU SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE FULLY UNDERSTOOD THESE TERMS IN THEIR ENTIRETY, AND YOU AGREE AND ACCEPT THESE TERMS IN THEIR ENTIRETY AS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND LUNU (AS DEFINED BELOW). IF YOU DO NOT ACCEPT ANY PROVISION OF THESE TERMS (OR ANY PART THEREOF), PLEASE DO NOT USE THE LUNU SERVICES. IF YOU ARE UNDER 18 YEARS OF AGE, YOU WILL NOT BE ELIGIBLE TO USE THE LUNU SERVICES.

These Terms are an agreement between you and Lunu, where Lunu is represented by UAB Lunu Europe, Gedimino pr. 44A-201, Vilnius, registered in Lithuania under the number 305774629 in the State Enterprise Centre of registers of Lithuania.

Lunu provides a technical solution which enables the Retailer's Customers to instantly exchange their cryptocurrencies and then Lunu delivers the exchanged fiat funds to the Retailer's bank account on behalf of the Customer (the "Lunu Services").

These Terms incorporate, and you hereby accept and agree with, the Privacy Policy, Fees Schedules, other applicable policies, other terms and conditions as may be prescribed by Lunu, notices, procedures, specifications, FAQs, guides and guidelines that are provided or made available to you, appear on the Lunu Website or are referred to in these Terms and which Lunu may modify from time to time (collectively, the "Policies").

YOU AND LUNU HEREBY AGREE AS FOLLOWS:

1. Application for Lunu Services and Eligibility

1. In order to be eligible to use our Services, you must be at least eighteen (18) years of age, and have full power and capacity to accept these Terms.
2. You must represent and warrant to us in opening an account with us, that you are not acting on behalf of or for the benefit of anyone else.
3. You shall provide all such Customer Information as may be requested by Lunu and deemed by Lunu to be necessary for purposes of determining whether we can provide you with the Lunu Services. In particular, Lunu reserves the right to require you to provide such additional Customer Information as may be deemed by Lunu to be necessary for purposes of: (a) verifying your identity and other Customer Information provided by you to Lunu; (b) verifying the justifications for the sources of funds or sources of wealth as a condition of providing the Lunu Services to you or before Lunu permits you to use or continue to use our services; (c) otherwise fulfilling our legal or contractual obligations as well as enforcing these Terms. Lunu may make, directly or indirectly, any inquiries which it considers necessary to validate Customer Information provided by you to Lunu, including without limitation checking commercial databases, population registers or credit reports, or using other sources and publicly available information.
4. You hereby agree to provide accurate, current and complete Customer Information in relation to your identity and other matters in connection with your registration for Lunu Services.

2. Use by Lunu of Customer Information

Subject to the applicable laws, regulations, rules, directions, orders and requirements and the Policies (including the Privacy Policy), Lunu shall be entitled to request, retrieve and collect, and you hereby affirmatively agree, consent to and authorise the collection, retrieval, use and disclosure by and on behalf of Lunu of any and all Customer Information, in the manner and for the purposes set out in the Policies and the following purposes: (a) carrying out identification checks, due diligence and other checks, screenings and verifications (including for purposes of completing any anti-fraud, know-your-client, CFT and AML procedures implemented by Lunu); (b) investigating fraud, misconduct, any unlawful action or omission, whether relating to your claims or any other matter relating to your relationship with Lunu; (c) for meeting legal, regulatory and other compliance requirements (including disclosure to all government agencies and authorities, regulators, exchanges, clearing houses, markets or depositories); and (d) providing you with information about your transactions, updating you about our services (e.g. scheduled maintenance times or security alerts), maintaining safety and security of our services, and other purposes as set out in these Terms and our Policies.

3. Use of Lunu Services and Transaction Execution

1. When you instruct Lunu to process and complete a transaction, you agree and accept that you authorise Lunu to execute such transaction immediately (unless otherwise stated) in accordance with your instructions and charge you any applicable fees associated therewith. You represent and warrant that any Customer Information you provide to Lunu in connection with each transaction is accurate and complete.
2. You further agree and accept that any duly authorised instruction by you to Lunu to process and complete a transaction cannot be reversed, changed, withdrawn or cancelled, unless such reversal, change, withdrawal or cancellation is practicable and specifically permitted by the applicable laws, regulations, rules, directions, orders and requirements. Lunu may, without being obliged to do so, refuse to execute a payment instruction: (a) if the payment instruction contains any factual error, in particular, incomplete or imprecise transactional details; (b) if you have breached any of your obligations towards Lunu under these Terms or any other agreement entered into between you and Lunu; (c) if the payment instruction cannot be executed in full; (d) if Lunu is legally or contractually obliged to block transactions; (e) if Lunu suspects that the security of Service is compromised (e.g. problem or technical failure or hacking attacks); (f) if Lunu suspects fraud; (g) if Lunu believes that the execution of the payment transaction would be contrary to any national or foreign laws, regulations or decisions of authorities or would expose Lunu to liability risks.
3. Lunu may, at any time and to the maximum permitted by the applicable laws, pause, refuse to process or complete any Lunu transaction initiated by you, impose limits on the value of such transaction or impose any other conditions or restrictions on your access to and use of the Lunu Services.
4. It is your sole responsibility to confirm the list of virtual currencies, cryptographic tokens and/or other digital assets which are Accepted Assets. Any "Unsupported Assets" sent from your address may be lost, destroyed or not returned to you. Lunu is under no obligation to provide assistance to retrieve Unsupported Assets; there may be fees payable by you if Lunu provides such assistance.
5. In the event of any airdrop, fork, hack, mining attack, cyber-attack, distributed denials of service, error, vulnerability, defect, or flaw in programming or source code or any other occurrence resulting in a change in the structure or source code of any blockchain, any determination of whether or not to take any corrective action shall be made at the sole and absolute discretion of Lunu. Lunu does not bear any liability for any losses you or a third party incurs as a result.
6. To the maximum extent permitted by applicable law, Lunu shall be entitled, at any time in its sole and absolute discretion, to determine the types of services offered to you.

4. Price Guarantee

Lunu guarantees the price for the Customer to make the payment up to 5 minutes in the Lunu widget/ Lunu Pay Terminal. Lunu cannot guarantee the price for the transaction made outside this designated 5 minute window, and any transactions made outside the window may be returned/declined in accordance with the Retailer. Lunu has built the system to recognize payments that are at risk of never receiving a block confirmation; in these cases Lunu marks transactions as unconfirmed payments and rejects them.

5. Customer Fees

The Lunu Fee for Customers (if applicable) is up to 1% (e.g. in high-risk industries). For transactions using Binance Pay, a fee of 0.3% will be levied on the Customer. Network Cost: Lunu includes network costs in the invoice amount to accept cryptocurrencies from customers. Network costs are non-refundable when a refund is processed for the same order. Miner Fees: Cryptocurrency transactions may require a miner fee. These miner fees are automatically created by the customer's wallet and sent to the miner. These miner fees are not Lunu fees. Miner fees paid to the network will not be refunded if a refund is executed. Lunu reserves the right to change our fee structure and pricing.

6. Lunu Refunds

1. Payment Exception — In certain situations, if a purchase order/invoice is not paid in full or is overpaid, this will result in a payment exception and an incomplete purchase order. Customers can resolve these exceptions either in the Lunu Pay Widget or on the Lunu contact page https://support.lunu.io/contact-us. Customers can also contact the Retailer and request a refund. Lunu charges miner fees and Service Fees for refunding a payment. If the customer requests a refund for a Payment Exception, the miner fees and an amount equal to 5 EUR (except for the applicable VAT (21%)) will be deducted from the refunded amount. This 5 EUR fee is levied on Customers. Refunds will only be made in the original format currency of the transaction (e.g. if the invoice was paid in BTC, the refund will be in BTC only). The refund shall be processed within 30 days after the transaction.

2. Expired Payment — Expired Payments occurs when a transaction is received outside the time window of specified 5 minutes in the Lunu Pay Widget and terminal. All payments sent to the expired address will show up in Lunu's system as an expired payment. Customers can request refunds for the expired payments either in the Lunu Pay Widget or on the Lunu contact page https://support.lunu.io/contact-us. The miner fees and an amount equal to 5 EUR (except for the applicable VAT (21%)) will be deducted from the refund amount. This 5 EUR fee is levied on Customers.

3. Unsupported Payments — For an overview of currently supported wallets and cryptocurrencies, please visit https://lunu.io/supported-wallets. Currently, Lunu does not support any other cryptocurrencies or wallets unless specifically stated on our website. Any payment made with unsupported wallets, exchanges, cryptocurrencies will be marked as "Unsupported Payments" and the transaction amount will be refunded to the customer after deducting the miner fees.

4. Disclosure of the Retailer Refund Policy — Lunu is not responsible for the retailer's refund policy. However, we recommend that Retailers have a clear refund policy for their customers (including, if applicable, "no refunds are allowed as all sales are final"). For certain industries, a refund policy may not be applicable (e.g., when a service is provided). If refunds are allowed, Lunu can only refund the amount in cryptocurrencies.

7. Reversion of transactions

Lunu can revert the transaction on its sole discretion.

8. KYC, AML Obligations

Lunu complies with anti-money laundering and know your customer ("KYC") requirements applicable in the jurisdictions in which the service is provided, including but not limited to the customer due diligence requirements set out in the EU Fifth Anti-Money Laundering Directive (2015/849/EU) as implemented into the laws of the UK and each EU Member State. In accordance with Lithuanian AML Laws, Lunu shall ask Customers to provide KYC documentation, through a special partner service, which may include: (a) Customer identification and verification (identity verification, residential address, liveness verification, biometrics, source of funds and/or wealth, PEP & Sanctions screening, International Watchlist screening, Risk assessment); (b) Due diligence verification of the customer; (c) Ongoing monitoring as part of the ID verification; (d) Audits — Retailers are responsible for audit compliance in the local jurisdiction; Lunu is responsible before the Lithuanian Financial Crime Investigation Service (FCIS). Further, Lunu monitors transactions. Transactions from suspicious crypto addresses or sanctions lists may not be accepted. Transactions that fail verification are subject to return to the sender's cryptocurrency address or another address specified by the client, excluding network fees, unless prohibited by applicable law.

9. Taxes

You are solely responsible for determining all taxes that are imposed, incurred or required to be imposed, paid or withheld for any reason ("Taxes") in connection with your use of our Software and Services. You are also solely responsible for collecting, withholding, reporting and remitting correct Taxes to the appropriate taxing authority. We are not required to, nor will we, determine whether any Taxes are due, or calculate, collect, report or remit to any taxing authority any Taxes arising from any Transaction.

10. Complaints

1. If you would like to make a complaint, or contact us for any other reason connected to these terms and conditions please write to the Lunu Customer Support team via [email protected].
2. Lunu will send an acknowledgment letter or email or text to inform you upon receipt of your complaint within 2 business days.
3. Lunu will try to resolve any complaints you have about the Lunu Services within 15 business days of receiving your complaint and in exceptional circumstances, within 35 business days (and Lunu will let you know if this is the case).

11. General Rights of Lunu

1. You hereby agree and accept that Lunu's records of all transactions, Customer Information and any other matter in relation to these Terms or your use of Lunu Services (including any communications transmitted electronically or telecommunications between Lunu and you) are final and conclusive and binding for all purposes, in the absence of manifest error.
2. Without prejudice to any of Lunu's other rights and remedies, Lunu is required to act in accordance with any and all applicable laws, regulations and rules and directions, orders and of any applicable regulatory authority and/or law enforcement body relating to anti-fraud, anti-terrorism, CFT, AML and the provision of financial and other services, and may be subject to sanctions in relation thereto. Lunu shall be entitled to take any action which may be required by any applicable regulatory authority and/or law enforcement body or which it, in its sole and absolute discretion, considers appropriate to take in order to comply with such laws, directions, orders and requirements.

12. Disclaimers, indemnity and liability

1. Subject to the applicable laws and the Policies, Lunu shall not in any event be liable in any way to you or any person for any loss, liability, damages or expense, howsoever arising from or in connection with: any transaction initiated by you using the Lunu Services; any transfer of any Unsupported Assets by you; any malfunction, defect or error in any terminal or systems of authorisation belonging to or operated by Lunu; any failure, malfunction or breakdown of, or disruption to, the operation of the Lunu Services, the relevant blockchain(s), or any source code(s) with which the Accepted Asset(s) are associated, due to forks, hacks, mining attacks, cyber-attacks, distributed denials of service, errors, vulnerabilities, defects, flaws in programming or source code or otherwise; any delay or inability on Lunu's part to perform any of its obligations under these Terms because of any electronic, mechanical system, data processing or telecommunication defect or failure, act of God, terrorism, civil disturbance or any event outside of Lunu's reasonable control; and your failure, in any manner, to follow the instructions delivered to you in the Widget or Terminal. You hereby waive any claim you may now or in the future have against Lunu for the same. You shall fully and effectively indemnify, defend and hold harmless the Indemnified Parties from and against any and all losses arising directly or indirectly from or in connection with any or all of the foregoing matters.
2. Lunu makes no warranty or representation as to the quality, value, merchantability or fitness for purpose of any goods and/or services purchased via the Terminal or Widget and assumes no liability or responsibility for the acts or omissions of Retailers. Any dispute about the value, condition or performance of any of such goods/services is to be resolved directly with the relevant Retailers.
3. To the maximum extent permitted by applicable law, you shall indemnify and keep the Indemnified Parties fully indemnified against all losses (including legal costs on an indemnity basis) incurred, suffered or sustained by the Indemnified Parties, directly or indirectly, by reason of or in connection with these Terms, including but not limited to: breach of any provision of these Terms on your part; the enforcement or protection of the Indemnified Parties' rights and remedies against you under these Terms; and applicable laws, regulations, rules, directions, orders and requirements which may have an effect on these Terms.
4. This Paragraph shall survive any expiry, termination or other cessation of your relationship with Lunu.

13. Force Majeure

Lunu shall not be liable to you or be deemed to be in breach of any provision of these Terms by reason of any delay in performing, or any failure to perform, any of its obligations if the delay or failure was due to any Force Majeure Event.

14. Inconsistency with any applicable laws, regulations or rules

In the event that any provision in these Terms results in any direct or indirect non-compliance by Lunu with any provision in any applicable law, regulation, rule, direction, order and requirement in any jurisdiction, you acknowledge and agree that: (a) such provision in these Terms shall be null and void to the extent of such non-compliance by Lunu; and (b) Lunu shall be entitled to take such action as may be required for compliance by Lunu, or omit to take such action as may result in continued or future non-compliance by Lunu, with such provision in the applicable law, regulation, rule, direction, order or requirement.

15. No waiver

No failure to exercise or enforce, and no delay on the part of Lunu in exercising or enforcing its rights under these Terms shall operate as a waiver thereof nor shall such failure or delay in any way prejudice or affect the rights of Lunu at any time.

16. Intellectual Property Rights

These Terms shall not entitle you to any intellectual property rights, including the rights in relation to the use, for any purpose, of any information, image, user interface, logos, trademarks, trade names, Internet domain names or copyright in connection with any part of these Terms, the Policies, the Lunu Website or the Lunu Services.

17. Severability

If any of these Terms is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of these Terms shall continue to be valid and in full force and effect. The illegality, invalidity or unenforceability of any provision of these Terms under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.

18. Applicable Law and Jurisdiction

These Terms shall be subject to and construed in accordance with the laws of Lithuania and you hereby submit to the non-exclusive jurisdiction of the courts of Lithuania.