1. Contractual partner for the Lunu Service
Lunu Solutions GmbH (“Lunu”), Am Bahnhof Westend 9-11, 14059 Berlin offers businesses that offer goods and/or services (“Retailers”) a technical solution which enables Retailers to accept cryptocurrencies as payment from their customers (“Customers”) that can be converted to local currency and paid out to the Retailer’s bank account (“Lunu Service”). Lunu is registered in Germany under the number HRB 206099 B in the commercial register at Charlottenburg District Court, Berlin, and is represented by the Executive Director, Pavlo Denysiuk. Subsidiary UAB Lunu Europe is registered in Republic of Lithuania and supervised by Lithuania Financial Crime Investigation Service (FCIS).
In addition, Lunu sells POS Terminals (“POS Terminals”) and provides an online widget (“Widget”) to Retailers that enable the Retailer to accept cryptocurrencies at the point of sale (“POS”) and online at their websites.
There is no contractual relationship between Lunu and the Customer.
2. Sign Up, Retailer Console and password
A Retailer may only sign-up for the Lunu Service and create a profile on the Lunu Platform (“Retailer Console”) if he is an entrepreneur who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession. If the Retailer has been previously excluded in accordance with Section 12 of these Terms and Conditions, he is not allowed to create a (new) Retailer Console.
In order to access the Retailer Console, the Retailer must fill out the appropriate registration form on the website and accept the Terms and Conditions by checking the appropriate box. When setting up the Retailer Console, the Retailer has to choose a password that protects access to the Retailer Console.
The conclusion of contract with Lunu is completed when the Retailer accepts Lunu’s Terms and Conditions in the sign-up flow. The Terms and Conditions are also available on Lunu’s Website also in durable format for download and print-out.
**The Retailer Console and the contract with Lunu are not transferable.
The password must be secure. The Retailer shall keep the login data (user name and
password) for his Retailer Console secret. If the Retailer believes that a third party may
know his password, he must change it immediately. If the Retailer suspects that the
password has been misused or the Retailer Console has been compromised in any
other way, the Retailer shall inform Lunu without undue delay via an email to:
support@lunu.io.
3. Providing Customers with exchange rate for crypto currency into currency of purchase price
Lunu will make available an exchange rate of the crypto currency that the Customer would like to use for payment (e.g. Bitcoin, Ethereum) to the currency of the purchase price. The exchange rate is determined by third-party providers that have signed up on Lunu’s platform.
If a Customer wants to pay with cryptocurrencies at POS, the Retailer will have to enter the purchase price in local currency into the POS Terminal. Thereafter the best available exchange rate at that point in time (determined among the offers of third-party providers signed up on Lunu’s platform) will be displayed and a QR code will be produced, which will contain the transfer information. If the Customer agrees with the exchange rate then the Customer needs to scan the QR code with the Customer’s own mobile device (e.g. smart phone) and it will initiate the transaction.
In an online sale scenario, the Retailer has to integrate a widget provided by Lunu (“Widget”) in its Retailer website. If the Customer chooses to pay with crypto currencies, the Widget is activated and displays the best available exchange rate as described above, along with the QR code generated. If the Customer agrees to the exchange rate offered he needs to scan the QR code with its mobile device and it will initiate the transaction.
Conversion of crypto currency in local currency, pay-out:
Upon acceptance of the offered exchange rate, the Customer will transfer the relevant amount of crypto currency to Lunu. In turn, Lunu will exchange the crypto currency via the third-party provider who pays the equivalent in local currency. Lunu will transfer local currency from its own account to the Retailer’s bank account minus Lunu’s service fee (cf. Section 7).
4. Conversion, pay-out, refund
Upon acceptance of the offered exchange rate, the Customer will transfer the relevant amount of crypto currency to Lunu. In turn, Lunu will exchange the crypto currency via the third-party provider who pays the equivalent in local currency.
Upon the total balance is not less than €200 (Two hundred Euros), Lunu will transfer funds to the Retailer’s bank account except Lunu service fees (cf. Section 7).
All the refunds made in crypto currency minus network fee. More details can be found
in section 7 of Lunu’s Terms of Use.
5. Availability of Lunu Service
Lunu provides an average availability of 99.85% (based on the calendar year) of the Lunu Service.
The Lunu Service shall be deemed to be available if it is available via the Internet. This connection exists if the Lunu Services allow a diagnostic request from the widget or POS Terminal(s).
Maintenance times are not taken into account when determining availability:
To ensure the quality and further development of the platform, Lunu may announce maintenance windows, in which it may be that the Lunu Services are not provided. This time is not taken into account when calculating availability. As far as possible, Lunu will set the maintenance windows to times of low capacity utilization. Maintenance windows will be announced to the Retailer by Email provided by Retailers or in the Retailer’s Console and with due advance notice.
The calculation of availability also does not take into account such times in which the Lunu Services are not available due to urgent adjustments or updates of the IT infrastructure used for the systems to eliminate security gaps, acutely unstable software/hardware or even in the event of imminent danger, such as ongoing attacks. In these cases, Lunu can also schedule unplanned and unannounced maintenance times. Lunu will, however, try to inform the Retailer immediately and to keep the Retailer informed of the status of processing.
Lunu shall not be responsible for down-times due to lack of internet connectivity or technical difficulties on part of the Retailer.
Lunu has the right to suspend the Lunu Services temporarily if this is necessary in view
of the security or integrity of the servers or to carry out technical measures, and if this
serves the proper or improved provision of the Lunu Service. Such suspension shall
also not be taken into account of with regard to availability.
6. Settlement Statements
The Retailer can retrieve, save and print out settlement statements via the platform by logging into the Retailer Console and selecting “settlement statements” in the website menu.
The Retailer shall regularly retrieve and check the settlement statements. A cut off
period of three weeks applies to any objections of the Retailer.
7. Service Fees and payment terms
The applicable service fees for the Lunu Services are 1% of the transaction amount. If
the Retailer accepts a cryptocurrency as a means of payment using Lunu Services, the
corresponding service fees are due for payment immediately and will be deducted from
the amount of fiats that Lunu transfers to the Retailer’s account.
8. Retailer’s obligations
The Retailer shall inform and agree with the Customer in good time before choosing to pay with crypto currencies that a payment with crypto currencies cannot be reversed and that the Customer cannot receive a refund in local currency but only in the currency that was used for purchase. The Retailer has to ensure to employ the latest version of the Widget made available by Lunu and to update any POS Terminal software as made available by Lunu.
The Retailer is obliged to keep the information provided in the Retailer Console
up-to-date and accurate.
9. Special Provisions for the sale of POS Terminals (only applicable if the Retailer chooses to buy (a) POS Terminal(s))
To order POS Terminal(s) the Retailer must have received its individual Retailer ID via the Retailer’s Console. Then the Retailer may log into the Retailer Console and selects “Order Terminal” in the website menu. The Retailer then selects the device(s) and adds them to the shopping cart. On the following page the Retailer will receive an overview over the data submitted and can correct it if necessary, by clicking on the “back” button. By clicking on "buy now", the Retailer is placing a binding order for the POS Terminal(s) and related items in the shopping cart. Once the Retailer has submitted the order, Lunu will immediately send an Email confirmation of the order to the Retailer’s Email as provided in the Retailer Console as well as an invoice. A binding contract is concluded when the Retailer receives the order confirmation from Lunu.
The prices set out in the offer as at the date on which the order is placed shall apply. The stated prices are final prices (totals), in other words they include German value added tax at the applicable statutory rate where appropriate. The payment shall be due and payable immediately days after the Retailer receives the confirmation of his order. The Payment Amount shall be paid, without any deduction, in EUR by wire transfer to the bank account of Lunu as indicated in the invoice. Shipment of the POS Terminal(s) will only take place after the full receipt of payment by Lunu.
Lunu bears the shipping costs for the purchased POS Terminal(s) for deliveries within the E.U. Delivery outside the E.U. is made at the Retailer’s cost and these costs are added to the order amount. The delivery for multiple purchased POS Terminals is made together to the address provided by the Retailer. A delivery to different locations is generally possible if the Retailer bears the shipping costs and must be agreed in advance. The shipment of the POS Terminal(s) shall be made within 60 days after the order is placed by the Retailer with the selected shipping method.
Lunu grants the Retailer a perpetual, non-exclusive right to use the software on the POS Terminals. If the software is replaced by a new version during the warranty period, the terms of use for the new version shall apply and the rights of use for the replaced version shall lapse. Any reproduction, modification and decompilation of the software is only permitted within the scope of the mandatory legal provisions of Sections 69d paragraphs 2 and 3, 69e UrhG (German Copyright Act).
The Retailer must immediately inspect the POS Terminals delivered by Lunu in accordance with Section 377 HGB (German Commercial Code) and immediately report any defects.
The Retailer's claim for supplementary performance is limited to a claim for delivery of an equivalent defect-free replacement POS Terminal. The Retailer's right to revoke the contract or to reduce the purchase price shall remain unaffected.
Defects in the software are treated as material defects. However, a defect only exists if the software of the POS Terminal deviates significantly from the functions described in the documentation of the POS Terminal and this leads to a significant functional restriction without any objective reason (e.g. upgrade in the meantime, changed legal requirements). Minor defects are not significant.
The defects liability period is one (1) year from delivery of the POS Terminal(s) purchased. This limitation period also applies to contractual and non-contractual claims for damages by the Retailer based on a defect in the POS Terminal(s), unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in individual cases.
The limitation periods of the Product Liability Act remain unaffected by this.
For other damage claims of the Retailer, solely the statutory limitation periods apply.
10. Data Protection
Details about data protection can be found in Lunu´s Privacy Policy published on
Lunu’s Website.
11. Termination
The Retailer can terminate Lunu Service at any time with notice, e.g. by Email to: support@lunu.io. After the termination has become effective the Retailer can no longer use the Lunu Services, unless he sets up a new Retailer Console.
A termination by Lunu of the Lunu Service is possible with a notice of four weeks,
unless the termination is for good cause. Serious or repeated violations of these Terms
and Conditions constitute for instance a good reason for termination without notice.
12. Liability
Lunu is liable to the Retailer only for damages caused due to intentional or grossly negligent actions by Lunu and for the loss of data if the loss had not been avoidable by the Retailer by means of reasonable data backup measures. The limitation of liability shall not apply in the event of
In the event of violation of Cardinal Duties, liability for simple negligence on the part of
Lunu shall be limited to damages typical for the contract and foreseeable at the time of
conclusion of the contract.
13. Languages
The Terms and Conditions are available in English.
14. Changes to Lunu Services and to these Terms and Conditions
Any amendments or changes to these Terms and Conditions as well as the agreed
pricing shall be proposed to Retailer in text form, e.g. by Email to the address provided
in the Retailer Console, no later than four weeks before their proposed date of entry
into force. The Retailer may object to such changes before their proposed date of entry
into force in which case the Lunu Service is automatically terminates. The amendments
shall be deemed to have been approved by the Retailer, unless the Retailer has
objected before their proposed date of entry into force. Upon the offer of such changes
and amendments the Retailer may also terminate the agreement free of charge with
immediate effect before the proposed date of entry into force of the amendments.
15. Applicable Law; Jurisdiction
The business relationship between Lunu and Retailer shall be governed by German law, excluding the provisions of the UN Convention on the International Sale of Goods.
Exclusive place of jurisdiction for all legal disputes arising from or in connection with
the business relationship shall be the competent courts of Berlin, Germany.
16. KYC, AML obligations
Lunu and retailers are obliged to perform identity verification for the buyer who makes payment equivalent over 10.000 USD. Hence Lunu might ask buyer to provide below documents for KYC/AML verification and processing payments for high value goods and services.
17. Ineffectiveness of individual clauses
If any provisions of these Terms and Conditions is or becomes invalid or unenforceable in whole or in part, the validity, enforceability and feasibility of the remaining provisions of these Terms and Conditions shall not be affected thereby. The valid, lawful and enforceable provision which reflects as closely as possible the spirit and economic purpose of these Terms and Conditions and the original intention of the parties.