Terms of Use

Legal Documents

Terms of Use

Senit Terms of Use

This agreement is between you (referenced herein as “you” or with “your”) and Senit App Ltd. By accessing, using or clicking “I agree” to any of the services made available by Senit or one of its affiliates through the website (www.senit.com) (“Site”), the API, our Senit mobile application, account or platform (“App” or “Platform” or “Account”), or any other related services provided by Senit or its affiliates as described below (collectively, the “Services”) you agree that you have read, understood and accepted all of the terms and conditions contained in this Terms of Use agreement (the or these “Terms”), as well as our Privacy Policy. Additionally, when using certain features of the Services, you may be subject to additional terms and conditions applicable to such features.

As used in this Terms of Use, “Senit” refers to the company Senit App Limited, with its registered with the Registrar of Companies for England and Wales under the number 12109719 and with registered office at 36-38 Westbourne Grove, Newton Road, London W2 5SH, United Kingdom, its owners, directors, investors, employees. Depending upon the context, “Senit” may also refer to the services, products, website, mobile application, content or other materials (collectively “Service or Services“) provided by Senit.

PLEASE READ THESE TERMS CAREFULLY AS THEY GOVERN YOUR USE OF THE SERVICES. AS WITH ANY ASSET, THE VALUE OF CRYPTO CURRENCIES CAN GO UP OR DOWN AND THERE CAN BE A SUBSTANTIAL RISK THAT YOU WILL LOSE MONEY BUYING, SELLING, HOLDING, OR INVESTING IN DIGITAL CURRENCIES. BY USING THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTING IN DIGITAL CURRENCIES (2) THAT YOU ASSUME ALL RISKS WITH RESPECT TO YOUR USE OF THE SERVICES AND TRADING IN DIGITAL CURRENCIES AND (3) SENIT IS NOT RESPONSIBLE OR LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.

BY ACCESSING, USING OR ATTEMPTING TO USE THE SERVICES IN ANY CAPACITY, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE OUR SERVICES.

By opening an Account, you expressly represent and warrant:

  • That you have read, understood and accepted all of these Terms, as well as our Privacy Policy, Cookie Policy, Complaint Policy, as well as our Risk Warning, and you acknowledge and agree that you will be bound by these agreements and policies.
  • That you are at least 18 years of age and have the full capacity to accept these Terms and enter into a transaction involving Digital Assets.
  • If you are a legal entity or acting in the name of a legal entity, that you are duly authorised to act on behalf and in the name of the legal entity, and bind the latter validly; and
  • That you have the full capacity to accept these Terms, either in your own name or in the name and on behalf of the legal entity you represent, and enter into transactions involving Digital Assets.

By accessing or using Senit Services, you further represent and warrant that:

  • you will not be using the Senit Services for any illegal activity, including, but not limited to, illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data, terrorism financing, other violent activities or any prohibited market practices, including, but not limited to, those listed under Restricted Activities.

1. Regulatory Status

Our business model and our Services facilitate the buying, selling and trading of cryptoassets. The regulatory status of USDC and blockchain technology is unclear or unsettled in many jurisdictions across the world. You can obtain additional up-to-date information about this subject on our Regulatory Status page.

As we plan to enter new jurisdictions, we will implement our highest standards of Anti-Money Laundering (“AML”)and Counter-Terrorist Financing (“CTF”), even if local Regulators’ compliance procedures do not require this. We will, however, tune these procedures to the specific local situation, to ensure that they do not prevent access to financial inclusion of our future customers.

2. Applicable Laws and Regulations

The opening of an Account, the use of the Services and any transactions using the Senit App and Exchange services will be located and governed by and subject to the applicable laws and regulations of the Republic of Lithuania. For more information regarding this please visit our Regulatory Status page. 

You agree and understand that by opening an Account and using the Services in any capacity, you shall act in compliance with and be legally bound by these Terms and all applicable laws and regulations without limitation, and failure to do so may result in the suspension of your ability to use the Services or the closure of your Account. For the avoidance of doubt, continued use of your Account, and the receipt of all trading fee discounts and rebates, is conditioned on your continued compliance at all times with these Terms and all applicable laws and regulations. 

3. AML and CTF Compliance

Our AML and CTF procedures are guided by all applicable rules and regulations regarding AML and CTF. These standards are designed to prevent the use of our Services for money laundering or terrorist financing activities. We take compliance very seriously and it is our policy to take all the necessary steps to prohibit fraudulent transactions, report suspicious activities, and actively engage in the prevention of money laundering and any related acts that facilitate money laundering, terrorist financing or any other financial crimes. 

4. Verification of Accounts

With registration of an account on Senit, you agree to share personal information requested for the purposes of identity verification. This information is used specifically for the detection of money laundering, terrorist financing, fraud and other financial crimes on the Senit platform. We will collect, use and share this information in accordance with our posted Privacy Policy. You are the only person authorized to use your Account and you may not share your Account credentials with any other person.

In addition to providing this information, to facilitate compliance with global industry standards for data retention, you agree to permit us to keep a record of such information for the lifetime of your account plus 8 years beyond account closing. You also authorise us to make inquiries, either directly or through third parties, that are deemed necessary to verify your identity or to protect you and/or us against financial crimes such as fraud.

The identity verification information we request may include, but is not limited to, your: Name, Email Address, Contact Information, Telephone Number, Username, Government Issued ID, Date of Birth and other information collected at the time of account registration. In providing this required information, you confirm that it is accurate and authentic.

In certain circumstances, we may require you to submit additional information about yourself, your business, or your transactions, provide records, and complete other verification steps. You represent and warrant that any and all information provided to us pursuant to these Terms or otherwise is true, accurate and not misleading in any respect. If any such information changes, it is your obligation to update such information as soon as possible. Failure to provide such information in a timely fashion may result in the suspension of your ability to use the Services and/or the Exchange (until you provide such information) or the closure of your Account.

We reserve the right to maintain your account registration information after you close your Account for business and regulatory compliance purposes, subject to applicable law and regulation.

Post-registration, you must guarantee that the information is truthful, complete and updated in a timely manner with any changes. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, Senit shall have the right to send you a notice to demand corrections, remove relevant information directly and, as the case may be, terminate all or part of the Services to you. You shall be solely and fully responsible for any loss or expenses incurred during the use of Senit Service if you cannot be reached through the contact information provided. You hereby acknowledge and agree that you have the obligation to keep all information provided up to date if there are any changes.

BY SIGNING UP FOR ACCOUNT YOU HEREBY AUTHORIZE SENIT TO MAKE INQUIRIES, WHETHER DIRECTLY OR THROUGH THIRD PARTIES, THAT SENIT CONSIDERS NECESSARY TO VERIFY YOUR IDENTITY OR PROTECT YOU AND/OR SENIT AGAINST FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE ACTION SENIT REASONABLY DEEMS NECESSARY BASED ON THE RESULTS OF SUCH INQUIRIES. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT REFERENCE AND FRAUD PREVENTION OR FINANCIAL CRIME AGENCIES AND THAT THESE AGENCIES MAY RESPOND TO OUR INQUIRIES IN FULL.

5. USDC and Circle

Senits user accounts are powered by USDC, a stablecoin issued by Circle International Financial, Inc. (“Circle”). USDC is fully backed by U.S. Dollars or equivalent assets held by Circle with its U.S. banking partners in segregated accounts, on behalf of, and for the benefit of, Users. This means that for every USDC TOKEN that is issued by Circle and remaining in circulation, Circle will hold on behalf of Users one U.S. Dollar in its bank account(s) or other approved investments (“Segregated Accounts”).

Each USDC token will have an established value of one (1) U.S. Dollar at the time of being tokenized, subject to the terms set forth in this Agreement and fees where applicable. While you are in possession of your USDC funds, you give Senit a right to use these funds for the process of tokenization. You also agree that Senit is entitled to any income from the use of your funds, or interest accrued with respect to your funds, prior to redemption.

5.1 Tokenization

The process of converting USDC into U.S. Dollars is called funds tokenization (“tokenization”, “tokenized”, “tokenizing”). For a description of the process for tokenizing U.S. Dollar funds to USDC and redeeming USDC for U.S. Dollar funds, please see here. The process of tokenization is part of Senit’s Services and is performed automatically on behalf of Senit’s users. 

You will not have to perform this process manually on the Senit platform. This process is performed by Senit on the Senit platform on your behalf when you wish to use any of the Senit Services, as outlined above, subject to the terms of this Agreement.

5.2 Circle Services

Senit has entered into a legally binding agreement with Circle to provide our users with a variety of its core services and as such, shares data with Circle, in line with all the relevant international data transfer regulations (see below). Core services provided by Circle include, but are not limited to, include USDC wallets and custodianship and card and banking services for fiat to USDC and USDC to fiat conversion. For more information please see Circle’s USDC Terms and Privacy Policy.

6. Description of Services

Senit currently provides below services to its users. This list may be updated as new services are launched.

a) USDC-based mobile wallet.

Your Senit account is a USDC-based wallet. This means that the funds kept in your Senit account are in USDC. All cash-in and cash-out transactions consist of the below steps:

i. Cash-in process:

  1. We receive your FIAT (currency other than crypto) funds in our bank account
  2. We then tokenize your funds into USDC.
  3. These USDC funds are then placed into your Senit account.

ii. Cash-out process:

  1. We redeem your USDC funds for U.S. Dollar funds on your behalf. This means that we sell your USDC funds for equivalent U.S. Dollar funds.
  2. We then send these U.S Dollar funds to the external source chosen by you.

b) Digital currency services.

These Services operated by Senit allow buyers (“Buyers“) and sellers (“Sellers“) to buy and sell digital currencies or deposit and withdraw digital currencies using their Account via the Senit trading services.

c) P2P services.

These Services operated by Senit allow its users (“Members“) to send and receive USDC to each other using Senit platform as peer-to-peer transactions. You understand that during this process Senit is sending USDC to another user’s wallet thus automatically transfers and assigns USDC to the owner of that address (a “Holder”).

The Holder who receives the USDC, and any subsequent holder, will then have the right to redeem the USDC for U.S. Dollar funds on the Senit platform so long as the Holder is eligible to, and does, register a USDC Account with Senit.

7. Service Jurisdictions

Depending on your country of residence, you may not be able to use all the functions of the Senit mobile or web applications. It is your responsibility to follow those rules and laws in your country of residence and/or country from which you access this Site, App and Services. As long as you agree to and comply with these Terms of Use, Senit grants you the personal, non-exclusive, non-transferable, non-sublicensable and limited right to enter and use the Site, App and the Service.

8. Funding Your Account

Senit owns and controls the underlying platform that processes all financial transactions on behalf of our customers. You may fund your account via Fiat wire deposit / transfer (via SWIFT, SEPA or Automated Clearing House (“ACH”)), as well as via a Debit Or Credit card purchase / charge. You can also fund your account by transferring USDC directly to your account. We do not accept cash deposits or withdrawals on the Senit platform.

Senit uses limits that govern how much funds a user can deposit into their account. We reserve the right to increase or decrease your daily, monthly and overall limits, or make them temporarily or permanently unavailable. This may be done without notice and at our sole discretion.

We do not accept fiat currency deposits from third-party bank accounts. The name on your linked bank account or funding source must match the name verified on your Senit Account. If a deposit is received from a third-party account, we will reject and return the funds immediately and you will be charged the relevant return fee as outlined in our Fee Schedule.

Please note that the fiat deposit settlement times are subject to bank holidays, the processes of partner banks and the processes of your bank. In addition to that, deposit settlement times may be delayed because of technical issues. Your Account, once funded, does not and will not earn interest. 

8.1 USDC

You may deposit USDC Stablecoins that you already own by generating a deposit address within the Senit Banking USDC module and sending your Stablecoins to such address. Funds from a USDC deposit will be made available in your Account as soon as they are settled. Senit supports USDC Multichain and can accept deposits using the top blockchains that USDC is available on.

Please note that the settlement times are subject to full confirmation on the blockchain you used to send the USDC. In addition to that, deposit settlement times may be delayed because of any technical issues.

8.2 Wire Transfer

If you have chosen to fund your Account via international wire deposits on the SWIFT network, funds from a wire deposit will be made available in your Account as soon as they are settled. 

8.3 SEPA

If you have enabled SEPA funding for your Account, SEPA deposits will be available in your Account upon receipt of your deposit. We will withhold any funds deposited or any Digital Assets bought with them from withdrawal until they are deemed settled. After any such funds are deemed settled, you will be able to make withdrawals again.

8.4 ACH

If you have enabled ACH funding for your Account, ACH deposits will be available in your Account upon receipt of your deposit. We will withhold any funds deposited or any Digital Assets bought with them from withdrawal until they are deemed settled. After any such funds are deemed settled, you will be able to make withdrawals again.

8.5 Card Purchases

If you are an individual, you can deposit funds in your account using a Card Purchase Transaction with your credit or debit card (“Card Purchase”). The Fees we charge to process Card Purchases are detailed in our Fee Schedule. We have the right to withhold any Digital Assets bought using Card Purchase, or any funds received from such a Card Purchase from withdrawal for seven (7) days from the initiation of the Card Purchase. After that period, this restriction will be lifted and withdrawals will be re-enabled.

When making a Card Purchase on our website or mobile app, your card data is automatically stored by our card payment service provider via a tokenization process. This means that a sensitive data element (PAN-card number) is substituted with a non-sensitive equivalent called a token. This tokenization process is designed to keep your data safe and secure from unauthorised access by a third party. You can only register a credit or debit card held in your name.

Our appointed payment services provider may save and store payment information, such as credit card or debit card numbers and card expiration dates, entered by you on our website when you make a Card Purchase. Such stored payment information may be used as your default payment method for further Card Purchases on our website or mobile app.

At any time, you can delete your card information or enter new card information. If your card has expired, the payment information relating to that particular card will not be stored anymore by our payment service provider and you will be prompted to indicate your new card information the next time you want to proceed with a Card Purchase. You are responsible for maintaining your card information up-to-date and accurate. You consent to Senit updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorized to use.

If you have any questions on how to make a Card Purchase, see our FAQ page.

8.5.1 Visa Prohibition of Minimum and Maximum Transaction Amount

We do not establish a minimum or maximum transaction amount as a condition for adding a credit or debit card to your Senit Account. This does not apply to European Economic Area Transactions. This also does not apply to Transactions initiated with a Credit Card issued in the US Region or a US Territory used at a Merchant Outlet in the US Region or a US Territory, as specified in Section 5.4.2, Conditions of Card Acceptance and Cardholder Rights of Visa Core Rules and Visa Product and Service Rules.

8.6 Returns and Refunds

All sales and purchases of Digital Assets done with any payment method on the Senit platform are final. We do not accept any returns or provide refunds for the purchase of Virtual Assets or any other Digital Assets from Senit unless we determine, at our discretion, to do so. In addition, we may, at our absolute discretion, reverse, cancel, void or refuse to process any Fiat top-up transactions. 

In the event the exchange of fiat currency to Virtual Assets or other Digital Assets is not processed because of any technical issues during the card purchase procedure, Senit will credit the Member’s account with the equivalent amount of USDC.

8.7 Insufficient Funds

If a payment made to add funds to your Senit Account (cash-in) and this payment is reversed by your bank or Senit’s banking partners after a cash-in transaction is completed, then Senit reserves the right to 

  1. Retroactively cancel such transactions on your Senit Account and deduct such USDC from your Senit Account
  2. Deduct such amounts from future transactions in your Senit Account or otherwise received into your Account
  3. Suspend your Senit Account and access to the Services until resolved
  4. If you maintain more than one Account on Senit platform, set off the negative amount of USDC in one Senit Account by applying the amount of USDC you hold in your other Senit Account(s) against the negative amount
  5. Pursue legal action or any other means of recovery legally available.

To secure your performance of these Terms, you grant to Senit the right to (a) block transfers of USDC from your account, including any non-USDC account(s), (b) set off any fees or other amounts owed by you against funds Senit holds on your behalf.

In the event that Senit is forced to engage a third party to assist with the recovery of any funds owed by you to Senit, you will be charged any fees or expenses that are incurred by Senit in connection with such recovery efforts, including, but not limited to, collection fees, legal fees or convenience fees charged by third parties.

You hereby explicitly agree that all communication in relation to a funds owed by you to Senit or a delinquent account will be made by electronic mail, SMS or phone. Such communication may be made by Senit or by any third party acting on its behalf, including but not limited to a third-party collection agent. Note that if Senit is forced to engage such third parties in connection with recovering amounts that you owe Senit, your credit may be negatively impacted.

8.8 Third Party Transfers

When you elect to transfer Digital Assets from your Account to a third party wallet or other location, it is always possible that the party administering the new location may reject your transfer or that the transfer may fail due to technical or other issues affecting our platform. You agree that you shall not hold Senit liable for any damages arising from a rejected transfer. 

8.9 Currency Conversion

USD is the base currency used on the Senit Platform since it is powered by USDC. If you send funds to Senit for cash-in / deposit, then you should denominate your transaction in U.S. Dollars. If you transmit funds in a currency other than U.S. Dollars, Senit’s banking partners will convert such funds to U.S. Dollars at such bank’s then applicable conversion rate and may charge additional fees for completing such currency conversion.

Your Senit Account will then be credited with an amount of USDC equal to the amount of U.S. Dollars that results following such currency conversion and deduction of any fees charged for such currency conversion. Senit is not responsible for any processing delays that may result in connection with completing such currency conversion.

Additionally, Senit’s banking partners may not support all non-U.S. Dollar currencies, and may be forced to reject or return a wire received in a non-supported currency. Note that your Senit Account only supports USDC amounts out to two decimal places, so all USDC amounts will be rounded down to two decimal places.

8.10 Deposit protection

Neither Digital Assets nor any fiat currency held in your Account is eligible for any public or private deposit insurance protection.

9. Risks

9.1 General Risks

The trading of goods and products, real or virtual, as well as virtual currencies involves significant risk. Prices can and do fluctuate on any given day. Such price fluctuations may increase or decrease the value of your assets at any given moment. Any currency – virtual or not – may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.

Digital Asset trading also has special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, digital currencies are unique type of “fiat” currency, backed by technology and trust. There is no central bank that can issue more currency or take corrective measures to protect the value of digital currencies in a crisis.

Instead, cryptocurrencies are an as-yet autonomous and largely unregulated global system of currency firms and individuals. Traders put their trust in a digital, decentralised and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.

The trading of cryptocurrencies is often susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Cryptocurrencies because of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.

There may be additional risks that we have not foreseen or identified in our Terms of Use.

You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading Digital Assets. Transactions in virtual assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.

We use our banking providers in order to receive client funds and make payments. Our banking providers DO NOT transfer, exchange, or provide any services in connection with digital currencies.

9.2 Custodian Wallets

In order to provide the highest level of security we engage with third-party custodians in order to hold Digital Assets on your behalf. Your Digital Assets will be held on your behalf in a wallet in the name of Senit together with other Members’ Digital Assets. They may also from time to time be held in the wallet together with Senit’s Digital Assets which reflect Senit’s fees, but which are recorded on Senit’s ledger as belonging to Senit, and which you instruct Senit to collect by withdrawing them from the wallet. We will maintain detailed records of all Digital Assets which Members hold with third-party custodians appointed by us.

As set out in above, Senit will act only on your Instructions in respect of Digital Assets, and does not otherwise acquire any right, title or interest in them. Whilst Senit uses reasonable care in the appointment of third-party custodians, in the event of a third-party custodian becoming insolvent or entering into an insolvency process in a relevant jurisdiction, you may have only an unsecured claim against the third-party custodian, and Members’ Virtual Assets or Digital Assets may be at risk subject to any protections provided at law in the relevant jurisdiction.

Please note the following additional disclosures associated with Digital Assets:

  • Virtual Assets and Digital Assets are not legal tender, are not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections.
  • Legislative and regulatory changes or actions at the state, federal or international level may adversely affect the use, transfer, exchange and value of Virtual Assets and Digital Assets.
  • Transactions in Virtual Assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
  • Some Virtual Assets transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction.
  • The value of Virtual Assets or Digital Assets may be derived from the continued willingness of market participants to exchange fiat currency for Virtual Assets or Digital Assets, which may result in the potential for permanent and total loss of value of a particular Virtual Asset or Digital Asset should the market for that Virtual Asset or Digital Asset disappear.
  • There is no assurance that a person who accepts a Virtual Asset or Digital Asset as payment today will continue to do so in the future.
  • The volatility and unpredictability of the price of Virtual Assets and Digital Assets relative to fiat currency may result in significant loss over a short period of time.
  • The nature of Virtual Assets and Digital Assets may lead to an increased risk of fraud or cyber-attack.
  • The nature of Virtual Assets and Digital Assets means that any technological difficulties experienced by Senit may prevent the access or use of a customer’s virtual currency.
  • Any bond or trust account maintained by Senit for the benefit of its customers may not be sufficient to cover all losses incurred by customers.

9.3 Risks related to Fraud and Scams

At Senit, we strive to provide our customers with the highest levels of Account and trading safety. As fraudsters and scammers do not avoid trading platforms, our approach is to raise awareness among our customers about common fraudulent practices and offer suggestions on how to avoid being defrauded. For more information about common fraudulent practices and tips for recognizing and avoiding scams, see our FAQ page.

Before you engage in using our Services and by confirming these Terms of Use, you agree and acknowledge that:

  • Senit will not be responsible for any loss or damage suffered by you, due to any illicit or fraudulent activity of third parties – you are solely responsible for your behavior and usage of your Account;
  • Senit does not promote or operate giveaways – official promotions and referral programs are only communicated through Senit-owned channels, e.g. the Site;
  • Senit only communicates with you through the @senit.com email addresses;
  • Senit will never call you unexpectedly and without prior notice, regardless of cause or reason;
  • Senit will never ask you to disclose any of your sensitive authentication credentials, regardless of cause or reason, and will never demand remote access to your device or advise you to change your security settings;
  • Your Account credentials should be solely used by you and you shall not disclose your login credentials to any third person or entity. You will ensure that the email and phone number which you used for registering a Senit Account will be exclusively operated and kept in private by you;
  • You will set the 2-factor authentication solely on the devices which are possessed and controlled exclusively by you and you will not permit anybody to access or use the devices you use for the 2-factor authentication;
  • Any attempt of providing instructions to any person (Members or third party), or distribution of instructions, software or tools, related to onboarding process, operating of the Account and security measures, regardless of purpose, may result in the Accounts of both the defaulting and affected Members being terminated, at the sole discretion of Senit.

9.4 Our Approach to Digital Forks in Virtual Assets

Senit has no control over the software protocols which govern or constitute the framework of virtual currencies. Therefore, Senit assumes no responsibility for the update or any modification of the underlying protocols, and Senit is not able to guarantee their functionality, security or availability.

By accepting the present Terms of Use, you acknowledge and accept the risk that underlying software protocols relating to any of the virtual currencies available on the platform are likely to be subject to sudden changes in operating rules (hereafter “fork”), and such forks may materially affect the value, function and/or the name of the virtual currencies that are exchanged or acquired on the platform.

Where possible, Senit may provide you with notices or alerts on forks and you agree that you will read such notices in order to make a decision in that respect.

However, it is your responsibility to make yourself aware of, and consider how to deal with, upcoming forks, including whether to give us Instructions for the withdrawal of the balance of any Virtual Assets or other Digital Assets. In the event of a fork, there is a risk that Senit may need to temporarily suspend operations in relation to that fork without providing advance notice to you. Senit may, in its reasonable discretion, decline to support either or both branches of a fork.

You acknowledge that third-party custodian-service providers may operate fork policies and, under their terms as entered into with you in respect of custodian services, may not be obliged (or able) to support all or any forks. You should ensure you check their fork policies regularly (as well as the terms of your agreement with custodian-service providers instructed by Senit on your behalf, and available here) and whenever you become aware of a forthcoming fork. Notwithstanding that a third-party custodian-service provider may support a particular cryptocurrency, including a fork, this will not oblige Senit to support that cryptocurrency or fork.

In the event of a fork which affects Virtual Assets or other Digital Assets pursuant to these Terms of Use, and which is unsupported by Senit:

  • We will not acquire any right, title or interest in the unsupported forked Virtual Asset and/or other Digital Assets; and
  • We may be unable to give effect to any Instructions given in respect of those Virtual Assets or other Digital Assets and Senit will have no liability to you in respect of the unsupported forked Virtual Assets or other Digital Assets.
  • In the event that we subsequently decide to support the forked Virtual Assets or other Digital Assets, Senit will then give effect to your Instructions.

By agreeing to the present Terms of Use, you acknowledge the risks presented by forks and you accept that Senit has no responsibility to assist you to move or sell Virtual Assets of an unsupported branch of a forked protocol.

10. Maintaining your account: Our rules

10.1 Keep Your Information Up-to-Date

This Site and our applications are for your personal and non-commercial use only. We are vigilant in maintaining the security of our Site, the app and the Service. By registering with us, you agree to provide Senit with current, accurate and complete information about yourself, as prompted by the registration process, and to keep such information updated. You further agree that you will not use any Account other than your own or access the Account of any other Member at any time or assist others in obtaining unauthorised access. You also understand that if the information provided by you is intentionally incorrect and that any misrepresentation by you is a violation of these Terms.

If Senit determines that you have violated these Terms, including, but not limited to, engaging in Restricted Activities then Senit may be forced to freeze your Account and you may forfeit any U.S. Dollar funds otherwise eligible for redemption.

The creation or use of Accounts without obtaining prior express permission from Senit will result in the immediate suspension of all said Accounts, as well as all pending purchase/sale offers. Any attempt to do so or to assist others (Members or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such Members being terminated. Termination is not the exclusive remedy for such a violation, and Senit may elect to take further action against you.

10.2 Maintain the Confidentiality of Your Account Information

You are also responsible for maintaining the confidentiality of your Account information, including your password, safeguarding your own digital assets, and all activity including Transactions that are posted to your Account. Any actions on the Site and mobile App, transactions, orders and operations initiated from your Account or using your password (1) will be considered to have been made by you, and (2) is irrevocable once validated using your password or made through your Account. If there is suspicious activity related to your Account, we may, but are not obligated to, request additional information from you, including authenticating documents, and to freeze any transactions pending our review. You are obligated to comply with these security requests or accept termination of your Account.

We strongly advise you to enable all relevant security features such as two-factor authentication, as available: this offers you greater protection from possible attackers attempting to log in to your Account than password alone and in situations where your email and/or password is compromised by a third-party data breach. Senit will not be liable for any loss or damage arising from your failure to protect your account information.

We shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer, mobile or other equipment, or any phishing, spoofing, or other attack. We advise the regular use of a reliable virus and malware screening and prevention software. If you question the authenticity of a communication purporting to be from Senit, you should login to your Senit Account on our mobile application, not by clicking links contained in emails.

You are required to notify Senit immediately of any unauthorised use of your Account or password, or any other breach of security, by email to support@senit.com. Any Member who violates these rules may be terminated, and thereafter held liable for losses incurred by Senit or any user of the app.

Senit similarly reserves the right to freeze Senit accounts in accordance with the its AML & CTF policy. The accounts that were or will be funded did not and will not earn interests.

10.3 Keep Your Virtual and Digital Assets Safe

Senit’s role is limited to providing you with a platform via the Services under which we act solely as a service provider, as your agent and in accordance with your Instructions for the management and transfer of Virtual Assets and other Digital Assets.

We do not store any Digital Assets directly, but where you Instruct us to arrange for any Digital Assets owned by you (including any bought on your behalf) to be held until we receive further Instruction from you to sell or transfer them (with any deposit of Digital Assets being deemed to be such an Instruction), we will, acting on your behalf, appoint a third-party as a custodian and to hold the relevant Digital Assets as a custodian in accordance with our agency authority.

The custodian services will be provided on terms that apply directly between the custodian and you, and form an integral part of these Terms of Use. By agreeing to these Terms of Use you acknowledge and agree with custodial services terms available here. Senit does not directly provide, charge for and is not responsible for, custodian services. Any issues you have relating to custodian services should be taken up by you with the custodians, however, we may, on your behalf, provide assistance in accordance with our agency authority.

Notwithstanding the direct custodial relationship between the custodian and you, if for any reason Senit is held or declared to have any legal or beneficial interest in your Digital Assets, Senit will hold on trust for you all such right title and interest which Senit is held or declared to have and will not transfer or sell any Digital Assets other than in accordance with your Instructions (which includes any instructions mandated by law, regulatory authority or enforcement agencies).

In order for us to manage the Site, provide the Services and create a direct relationship between you and the third-party custodian to hold the relevant Digital Assets as custodian on your behalf, you appoint Senit as your agent with a perpetual and irrevocable (other than in the event of Account termination) agency authority to act as your agent to:

  • Create a direct legal-custodial relationship between you and a third-party custodian for the custody of your Digital Assets, as well as appointing authorised persons within Senit to instruct such third-party custodians on your behalf;
  • Access and/or transfer Digital Assets as required for the operation of the Site and provision of the Services, including:
    • Storing and keeping confidential private keys in respect of Digital Assets;
    • Transferring cryptocurrencies to third-party custodians (who are entitled in turn to appoint sub-custodians and provide the custodian services to you through such sub-custodians or other nominees or agents); and
    • Moving cryptocurrencies between hot and cold wallets held by these custodians to allow sufficient hot wallet liquidity to support trades on the Site whilst at the same time providing the additional security of cold wallet storage;
  • Share your information with third-party custodian-service providers so that they can be engaged to provide custodian services to you (see below);
  • Transfer Digital Assets to a wallet or to other users of such Digital Assets outside the Site;
  • Undertake the following events that act, or could act as restrictions, or impact your rights:
    • Freezing of Circle accounts in accordance with Circle policy;
    • Termination of our relationship with you and/or your Account;
    • Suspension of our relationship with you and/or your Account;
    • Prohibiting wash trading and other activities;
    • Requiring minimum trade sizes;
    • Blocking Accounts in certain circumstances;
    • Applying service downtime and unavailability restrictions;
    • Complying with enforcement-agency orders or regulatory actions;
    • Offsetting any outstanding obligation you have to Senit, which may include the sale of any Digital Assets in order to cover the outstanding obligation you have; and
  • Otherwise act only on your instructions in respect of any Digital Assets, including in respect of:
    • Any buying or selling of Digital Assets;
    • The accessing or transferring of Digital Assets between wallets; and/or
    • Any other purpose or action as instructed by you.

By agreeing to these Terms of Use you acknowledge and agree that in doing so, you instruct us on an irrevocable ongoing basis to undertake all of the above-mentioned actions on your behalf. You cannot revoke this ongoing Instruction except by closing your Account, in which case it will lapse only when your Account is closed.

As a result of this limited agency relationship, we do not, and you agree that we do not, have or acquire any rights, title or interest in any Digital Assets that are held on your behalf by the third-party custodian.

We are not an intermediary, do not acquire any rights, title or interest in, and do not assume and have no rights or control over any Digital Assets or any other Member assets other than in respect of actions taken in accordance with our agency authority and your Instructions. As a result, we will not transfer or sell any Virtual Assets or other Digital Assets other than in accordance with your Instructions (which includes any instructions mandated by law, regulatory authority or enforcement agencies).

10.4 Restricted Activities

You agree that you will not use the Senit platform to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, malicious hacking or any criminal or illegal activity.

You will refrain from using your Senit Account, the Site and Services for any other use than your personal use, unless you are a legal entity that has opened a corporate account with us.

In connection with your use of the Senit Services, you hereby agree that you will not:

  • violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation;
  • intentionally try to defraud (or assist in the defrauding of) Senit or other Senit users;
  • provide false, inaccurate, or misleading information;
  • take any action that interferes with, intercepts, or expropriates any system, data, or information;
  • partake in any transaction involving the proceeds of illegal activity;
  • transmit or upload any virus, worm, or other malicious software or program;
  • attempt to gain unauthorized access to other Senit Accounts, the Senit website, or any related networks or systems;
  • use Senit Services on behalf of any third party or otherwise act as an intermediary between Senit and any third parties;
  • collect any user information from other Senit users, including, without limitation, email addresses;
  • defame, harass, or violate the privacy or intellectual property rights of Senit or any other Senit users; or
  • upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images or materials.

10.5 Wash Trading

We do not allow you to cross trade, either alone or in collusion with others or to place an order, which would result in a self-execution—i.e., where the same trader or group of traders would act as both the maker and taker for the trade.

If two orders of opposing sides would result in a crossed trade, both orders are subject to specific measures, ranging from scrutiny, cancellation, suspension or prohibition to trade on our platform. If two orders of the same quantity would result in self-execution, both orders are subject to specific measures, ranging from scrutiny, cancellation, suspension or prohibition to trade on our platform.

10.6 Market Manipulation

You are prohibited from engaging or attempting to engage in Market Manipulation. This prohibition applies to any kind of activity that results in or has the purpose of:

  • Artificially controlling or manipulating the price or trading volume of any of the virtual currencies listed on our platform; and
  • Manipulating of a benchmark including but not limited to the transmission of false or misleading inputs, or any other action that manipulates the calculation of a benchmark.

Market manipulation will trigger specific measures, ranging from scrutiny, cancellation of orders, suspension or prohibition to trade on our platform and disclosure to third parties including full disclosure to competent authorities.

We reserve the right to suspend, delay or cancel an instruction or series of instructions issued by a Member or colluding Members which if executed would result in a price swing of 5% or more of the value of a crypto-currency available on the Senit platform.

You will not take, directly or indirectly, any action designed, or that might reasonably be expected, to cause or result in destabilization or manipulation of the price of Virtual Assets, which are available on the Senit platform.

10.7 Account Suspension and Closure

We may without liability to you or any third party suspend your Senit Account or suspend your use of one or more of the Senit Services in accordance with the terms of this document, or in accordance with our AML & CTF policy, as determined in our sole and absolute discretion. Such actions may be taken as a result of (1) attempts to gain unauthorised access to the Site, the app or another Member’s account or providing assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (5) a failure to pay or a fraudulent payment for Transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies; or for other similar reasons. This may result in your loss or forfeit of U.S. Dollar funds corresponding to the USDC capable of redemption in your Senit Account. Senit may also temporarily suspend access to your Account in the event that a technical problem causes system outage or Senit Account errors until the problem is resolved.

You may terminate this agreement with Senit, and close your Account at any time, following settlement of any pending transactions. In order to do so, you should contact Support who will assist you in closing your Senit Account. You may not terminate your Account if Senit believes, in its sole discretion, that such closure is being performed in an effort to evade a court order or legal or regulatory investigation or to avoid paying any amounts otherwise due to Senit.

We will be unable to terminate your Senit Account at your request unless you have zero funds in your Account. We reserve the right to restrict or refuse to permit redemptions or transfers from your Senit Account if (i) your Account has otherwise been suspended or unilaterally terminated by Senit in accordance with this Agreement or (ii) to do so would be prohibited by law or a court order or we have determined that the USDC were obtained fraudulently.

Upon closure or suspension of your Senit Account, you authorize Senit to cancel or suspend pending transactions and forfeit all proprietary rights and claims against Senit in relation to any USDC funds otherwise eligible for redemption.

In the event that you or Senit terminates this Agreement or your access to the Senit Services, or cancels your Senit Account, you remain liable for all activity conducted on or with your Senit Account while it was active and for all amounts due hereunder.

If you are seeking to terminate a Senit Account on behalf of a deceased User, please contact us at support@senit.com.

10.8 Limited Right of Use

Unless otherwise specified, all Materials on this Site and App are the property of Senit and are protected by copyright, trademark and other applicable laws. You may view, print and/or download a copy of the Materials from this Site and Senit app on any single computer or mobile phone solely for your personal, informational and/or non-commercial use, provided you comply with all copyright and other proprietary notices.

The trademarks, service marks and logos of Senit and others used in this Site and Senit App (“Trademarks“) are the property of Senit and their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video and audio used on this Site and Senit App belong to Senit. The Trademarks and Material should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any such Materials on any other Site, mobile phone or networked computer environment for any other purpose is strictly prohibited; any such unauthorised use may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

10.9 Transaction Recovery

You are fully responsible for any mistakes, errors or defects which may arise in the course of any transaction that leads to partial or complete loss of your Digital Assets. Senit shall not be liable for any damages resulting from any actions previously described. Senit shall in no case be liable for any loss, including, but not limited to, transfers between addresses, transactions, deposits or withdrawals resulting from your improper actions or activities, or erroneous transactions, deposits or withdrawals resulting in your Digital Assets being lost. Senit shall not compensate you for any losses resulting from such actions or activities.

Senit may provide, in certain circumstances, an investigation and possible recovery of the lost Digital Assets as a payable service. Therefore, Senit may, upon the request of a Member, utilize its best efforts to attempt to return misdirected Digital Assets to the Member. Requests for transaction recovery shall be sent to support@senit.com. After receiving the transaction recovery request, Senit will make a preliminary assessment for each transaction and reserves the right to refuse the recovery of a particular transaction.

Senit will charge an investigation fee for any such investigation. The fee shall amount to 10% of the value of lost Digital Assets, but in no case less than 100.00 USD. The fee will be charged and shall be paid by the Member in Digital Assets which are subject to the transaction recovery. Senit may investigate transactions that occurred not more than thirty (30) days prior to the date of the request for the recovery of Digital Assets. Senit will not attempt to recover transactions with the value below 100.00 USD. Due to the specifics and case-by-case nature, Senit does not, in any way, guarantee success and shall not be liable if the investigation is ineffective or unsuccessful, nor can Senit provide the exact timing for such investigations, but will strive to provide feedback within a reasonable time.

10.10 Our Fees

We charge Fees for our Services. Fees are described and available in our Fee Schedule. We reserve the right to change our Fees at any time and at our sole discretion. You will be notified of any changes in advance through your Account or email. Upon such notification, it is your responsibility to review the amended Fee Schedule. Your continued use of our services following the posting of a notice of Fee changes signifies that you accept and agree to the changes.

We will not charge you any fees other than the Fees set out in the Fee Schedule. We may not use Digital Assets in any way to generate revenue other than in connection with the charging of Fees as set out in the Fee Schedule.

10.11 Minimum Trade Size

The minimum trade size is defined by our Fee Schedule.

11. Availability of Services

All services are provided without warranty of any kind, either express or implied, and in particular without implied warranties of merchantability and fitness for a particular purpose. We do not represent that this Site and Senit App will be available 100% of the time to meet your needs. We will strive to provide you with the Service as soon as possible, but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or a loss of transmitted information.

We will use reasonable endeavours to ensure that the Site and our App can be accessed by you in accordance with these Terms of Use. However, we may suspend use of the Site and the App for maintenance and will make reasonable efforts to give you notice of this. You acknowledge that this may not be possible in an emergency, and accept the risks associated with the fact that you may not always be able to use the Site, our mobile app or carry out urgent transactions using your Account.

However, we reserve the right to change, suspend, or discontinue any aspect of Senit Services at any time, including hours of operation or availability of any feature, without notice and without liability. Suspension of your use of any of Senit Services will not affect your rights and obligations pursuant to these terms. We may, in our sole discretion, delay any transaction we see as suspicious, or if they may involve fraud or misconduct, or if they violate applicable laws or violates these terms.

12. Financial Advice

For the avoidance of doubt, we do not provide any investment advice in connection with the Services described in these Terms of Use. We may provide information on the price, range and volatility of digital currencies that are available on our platform and events that have affected the price of such digital currencies, but this must not be considered investment advice nor should it be construed as such. Any decision to purchase or sell digital assets is solely your decision and we shall not be liable for any loss suffered.

13. Collection and Use of your Data

We are committed to protecting your personal information and to helping you understand exactly how your personal information is being used. Full details of our Privacy Policy can be found at Privacy Policy. We recommend that you read the Privacy Policy carefully, so that you know the data that we collect, how we use the data and who we share your data with.

13.1 Our Communication

These Terms are provided to you and concluded in English. We will communicate with you in English for all matters related to your use of our Services unless we elect, in our sole discretion, to provide support for other languages.

Key information relating to your Account, such as Account details, transaction receipts, history, confirmations, and any other Account or transaction information or statements, amendments to our Terms of Use, notices and other disclosures will be provided to you electronically (via email, mobile push notifications, text messages or other electronic means of communication) and will be available to you by logging into your Account.

We reserve the right to charge a fee for providing you with additional information or for providing the transaction history and other information about fees in a different way but we will not charge you for records requested in connection with your good-faith assertion of an error in your Account.

Unencrypted email messages sent over the Internet are not secure and Senit is not responsible for any damages incurred by the result of sending email messages in this way. We suggest sending email in encrypted formats; you are welcome to send PGP encrypted emails to us. The instructions and keys to do so are available upon request.

If you send unencrypted or unsecured email or other types of communications to us, we may respond using the same channels and you hereby accept the risks associated therewith.

To the extent you access the Senit Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. By using Senit application, you agree that we may communicate with you by SMS, MMS, text message, push notification, and/or other electronic means via your mobile device and that certain information about your usage of the Senit Services may be communicated to us.

In the event that you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to any person who might acquire your old number.

13.2 Disclosures to Legal Authorities and Authorized Financial Institutions

We may share your Personal Data with law enforcement, data protection authorities, government officials, and other authorities when:

  • Required by law;
  • Compelled by subpoena, court order, or other legal procedure;
  • We believe that disclosure is necessary to prevent damage or financial loss;
  • Disclosure is necessary to report suspected illegal activity; or
  • Disclosure is necessary to investigate violations of our Terms of Use or Privacy Policy.

We may also share information concerning US citizens who are Senit customers with other financial institutions, as authorized under Section 314(b) of the US Patriot Act, and with tax authorities, including the US Internal Revenue Service, pursuant to the Foreign Account Tax Compliance Act (“FATCA”), to the extent that this statute may be determined to apply to.

For further information on how we process your Personal Data, please refer to the Privacy Policy.

13.3 International Transfers of Personal Data

We store and process your Personal data on secure servers in Europe in compliance with the UK Data Protection Act 2018. For that purpose, Senit App Ltd is registered with the Information Commissioner’s Office (ICO) as the data controller. Registration number: ZA538964.

We may transfer your Personal Data outside of the European Economic Area (“EEA”) and the UK. Such transfers are undertaken in accordance with our legal and regulatory obligations. Please refer to our Privacy Policy for further details.

13.4 APIs and Widgets

We may provide access to certain parties to access specific data and information through our Application Programming Interface (“API“) or widgets. We also may provide widgets for your use to enter your data on our Site and App. You are free to use these in their original unmodified and un-altered state.

13.5 External Websites

Senit makes no representations whatsoever about any external or third-party website you may access through the Site. Occasionally, the Senit website may provide references or links to other websites (“External Websites“). We do not control these External Websites or third-party sites or any of the content contained therein. You agree that we are in no way responsible or liable for the External Websites referenced or linked from the Senit website, including, but not limited to, website content, policies, failures, promotions, products, opinions, advice, statements, prices, activities and advertisements, services or actions and/or any damages, losses, failures or problems caused by, related to, or arising from those sites. You shall bear all risks associated with the use of such content.

External Websites have separate and independent terms of use and related policies. We request that you review the policies, rules, terms and regulations of each site that you visit. It is up to you to take precautions to ensure that whatever you select for your use is free of items such as viruses, worms, Trojan horses and other items of a destructive nature.

14. Feedback

You acknowledge and agree that any materials, including without limitation questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or commentary you provide on our platform or one of our social media accounts, regarding Senit or the Services (collectively, “Feedback”) that are provided by you, whether by email, posting to the Site or social channels, or otherwise, are non-confidential and will become the sole property of Senit. Senit will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

15. Unclaimed or abandoned Property

If Senit is holding funds in your Account, and we are unable to contact you and have no record of your use of the Services for a prolonged period of time, applicable law may require us to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, Senit will try to locate you at the address shown in our records, but if Senit is unable to locate you, we may be required to deliver any such funds to the applicable jurisdiction as unclaimed property. Senit reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

16. Taxes

You will be able to see a record of your transactions via your Account which you may wish to use for the purposes of making any required tax filings or payments. It is your responsibility to determine what, if any, taxes apply to your activities on the Exchange, and to collect, report, and remit the correct tax to the appropriate tax authority. Senit is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction. 

17. Jurisdiction

These Terms of Use shall be governed and construed in accordance with the law of England and Wales. The parties hereto agree to irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

18. Disclaimer of Damages and Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SENIT, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF SENIT AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF SENIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF SENIT’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF SENIT, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF SENIT OR ITS AFFILIATES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO SENIT UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

19. Indemnity

To the full extent permitted by applicable law, you hereby agree to indemnify and hold harmless Senit, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, the Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of the Service.

If you are obligated to indemnify Senit, its affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to this clause, Senit will have the right, in its sole discretion, to control any action or proceeding and to determine whether Senit wishes to settle, and if so, on what terms.

20. Miscellaneous

  1. Independent Parties. Senit is an independent contractor and not an agent of you in the performance of these Terms. These Terms not to be interpreted as evidence of an association, joint venture, partnership, or franchise between the parties.
  2. Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of the Services and will supersede all prior agreements between the parties whether, written or oral. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms of these Terms.
  3. Force Majeure. Senit will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Senit’s reasonable control.
  4. Severability. If any portion of these Terms are held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
  5. Assignment. You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. Senit may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
  6. Waiver. The failure of a party to require performance of any provision will not affect that party’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
  7. Third-Party Website Disclaimer. Any links to third-party websites from the Services does not imply endorsement by Senit of any products, services or information presented therein, nor does Senit guarantee the accuracy of the information contained on them. In addition, since Senit has no control over the terms of use or privacy practices of third-party websites, you should read and understand those policies carefully.
  8. Survival. Upon termination of your Account or this agreement for any other reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.

21. Modification of terms

Senit reserves the right to change, add or remove parts of these Terms at any time and at its sole discretion. You will be notified of any changes in advance through your Account. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of the Site and the App following the posting of a notice of changes to the Terms signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms.

22. Definitions

Account. The contractual arrangement wherein a Senit Member has accepted our Terms of Use and Privacy Policy, and received approval to use the Senit Services, including the purchase and sale of Cryptocurrencies and to perform associated Transactions.

Cryptocurrency(ies) / cryptoasset(s) / digital currencies / virtual assets. Digital Asset designed to work as a medium of exchange that uses strong cryptography to secure financial transactions, control the creation of additional units, and verify the transfer of assets, including the below.

Bitcoin. The Peer-to-Peer internet currency further described at https://bitcoin.org.

Ethereum. The Peer-to-Peer internet currency further described at https://www.ethereum.org.

Stablecoin. Cryptocurrencies that are pegged to fiat money, or to exchange-traded commodities and as such are redeemable in currency, commodities, or fiat money and as such are low risk. https://en.wikipedia.org/wiki/Stablecoin. One of the most common stablecoins is:

USD Coin (USDC). USDC is a stablecoin backed by US dollars, which are held in reserve by regulated financial institutions. 1 USDC = 1 USD. https://www.circle.com/es/usdc.

Buyer(s). Member(s) that are submitting an offer to buy digital currencies through the Service.

Commission. Refers to the fee which is payable to Senit on each Transaction, such as a Purchase Transaction.

Member(s). Refers to Users, Buyers and Sellers as well as any holder of a Senit Account.

Personal Data. Information that identifies an individual, such as name, address, e-mail address, trading information, and banking details. “Personal Data” does not include anonymised and/or aggregated data that does not identify a specific user.

Price. The “price per coin” for which Members are willing to purchase or sell digital assets, using the Service. The Price may be expressed in any of the currencies deposited by Members in their Account and supported by the Service. See our Site for a full list of currencies.

Seller(s). Member(s) that submit an offer to sell cryptoassets through the Service.

Service(s). The range of services provided on the Senit technological platform, including functionalities, rules and specifications of the Senit app.

Transaction. Includes the following:

  • The agreement between the Buyer and the Seller to exchange Cryptocurrencies through the Service for currencies at a commonly agreed rate (“Purchase Transaction“);
  • The conversion of currencies into Cryptocurrencies deposited by Members on their Account (“Conversion Transaction“);
  • The transfer of Cryptocurrencies among Members (“Transfer Transaction“);
  • The transfer of currencies among Members (“Currency Transfer Transaction“); and;
  • The purchase of ancillary products (“Purchase Transactions“).

Senit may not offer all these transaction types at this time or in all locations.

Transaction Price. The total price paid by the Buyer for each Transaction performed through the Service.

23. Revisions & Updates

This document is updated periodically and users are notified of updates. It was last updated on 11th May, 2022.

24. Contact us

We often post notices and relevant Services information in our social media channels and our website below, so we advise our Users to check those channels before contacting support.

To contact us, please visit one of the links or channels above. For support with your Account, you may email us at support@senit.com. Please provide all relevant information, including your Senit username and transaction IDs of any related deposits. 

Although we make no representations or provide no warranties as to the speed of response, we will get back to you as soon as possible.

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