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User Agreement

This User Agreement (hereinafter – the "Agreement") is an electronic contract between the User and the "AVPAY" service and contains the rules of operation on the AVPAY Website at https://avpay.pro/ (hereinafter – the "Website") and the conditions for accessing the services provided by the Website. Before starting to use the Website, the person – the user of the Website (hereinafter – the "User") is obliged to carefully read the described conditions and accept this Agreement. If the User does not accept the Agreement and does not undertake to comply with all the conditions of this Agreement, they should immediately stop using the Website.

The Website Administration reserves the right, at its sole discretion, to update and change the text of the Agreement without notifying the Users. The new version of the Agreement comes into force immediately after its publication on the Website. The User is obliged to independently track new versions of the Agreement. By continuing to use the Website after the changes come into force, the User automatically accepts the new version of the Agreement. If the User does not agree with the terms of the new version of the Agreement, they should deactivate their account (if any) and not use the services of the service.

1. Terms and definitions
1.1. "AVPAY" Service — a platform for finding counterparties and conducting over-the-counter transactions.
1.2. User — any Person registered on the Platform and who has agreed to the rules and terms of this Agreement. The User confirms that they have reached the age of 18, the laws of their country of residence do not prohibit the use of this Service, and the User does not plan to carry out any illegal activity through the use of the "AVPAY" Service.
1.3. Title unit — a conventional unit of electronic and other types of currencies, which indicates the volume of rights corresponding to the agreement of payment systems and its owner.
1.4. Service's services — operations for the deposit and withdrawal of electronic currencies and digital assets, as well as other services, information about which is posted on the Service's website.
1.5. Payment — a transfer of funds or crypto assets carried out using blockchain networks or other payment systems.
1.6. Personal data — information that identifies a person, such as name, address, email address, mobile phone number, trading information, and details of cryptocurrency wallets. The term "Personal data" does not include anonymous and/or aggregated data that does not allow identifying a specific User.
1.7. Agreement — this User Agreement and its integral parts, taking into account all additions and/or changes that may be made in the manner determined by their terms.
1.8. Website — a set of information, texts, graphic elements, design, images, photo and video materials, and other results of intellectual activity, as well as a set of computer programs ensuring the availability of such information at the address https://avpay.pro/ (including any subdomains).
1.9. Intellectual property — all materials published on the Website, as well as all Services provided by the Service, are the property of the Service and are not subject to third-party use: publication, distribution, duplication.
1.10. Order — a proposal submitted by the User to purchase or sell cryptocurrency using the Services provided by the Service.
1.11. Electronic document — information in digital-electronic form.
1.12. Suspicious traffic — user assets that showed a high risk score when passing an AML check.
1.13. Verification procedures (KYC) — verification procedures within the framework of anti-money laundering standards ("Know Your Customer" policy).

2. Introduction
2.1. This agreement regulates the relationship between the User and the Service within the framework of the services provided by the Service to the User and supersedes all previous agreements between the Parties on this subject.

3. Subject of the agreement
3.1. The subject of this Agreement is the Services provided by the Service, a description of which is given on the website.
3.2. The Service offers its services to all Users and does not verify the Users' eligibility to dispose of these funds and does not supervise the User's operations in any of the networks.
3.3. Blockchain networks, financial institutions, and/or cryptocurrency exchanges bear sole responsibility for the funds entrusted to them by the User. The Service cannot be a party to the agreement between these systems and the User.
3.4. Any initiated fund exchange operation, as well as any other operation offered by the Service to the User, cannot be canceled by the User.

4. Rights and obligations of the Parties
4.1. The Service has the right to suspend or cancel an ongoing operation if information is received from authorized bodies about the illegality of the User's possession of the funds.
4.2. The Service has the right to suspend, refuse to refund, or cancel an ongoing operation if the User violates the terms of this Agreement.
4.3. The Service has the right to cancel an ongoing operation and return the title units deposited by the User without explaining the reasons.
4.4. The Service undertakes to take all possible actions to prevent money laundering attempts, including assisting law enforcement agencies and improving the Service.
4.5. In case of detecting suspicious traffic, the Service reserves the right to transfer information upon the request of law enforcement agencies.
4.6. By performing an exchange, the User confirms their agreement with these Rules, reaching the age of 18, and the absence of plans to carry out illegal activities.
4.7. The User guarantees the provision of up-to-date and truthful information about themselves.
4.8. The User guarantees the confidentiality of access to their account.
4.9. The User undertakes to promptly report any security breach of their account.
4.10. The Service has the right to block the User's account in case of suspicion of illegal actions or hacking.
4.11. The User guarantees that they are the legal owner of the funds and/or cryptocurrency.
4.12. The User confirms that they understand the principles of the Service's operation and accepts responsibility for all risks.
4.13. The User gives consent to the processing of personal data.
4.14. Personal data may include:

  • Surname, First Name, Patronymic;

  • Photo/scan of passport or other document;

  • Video/selfie holding the passport and a piece of paper with the name of the service and the current date;

  • Email address and mobile phone number;

  • Details of the cryptocurrency wallets used (individually).
    4.15. The processing of personal data means their collection, storage, updating, and transfer in accordance with the Privacy Policy.
    4.16. The processing is carried out for the purpose of the Parties fulfilling their obligations under the Agreement.
    4.17. AVPAY does not provide services to US citizens and residents (according to FinCEN rules).
    4.18. By accepting the terms, you confirm that you are not a resident of jurisdictions where AVPAY services are prohibited.
    4.19. The Service has the right to conduct AML and KYC checks to comply with the "Fifth Anti-Money Laundering Directive (5AMLD)".
    4.19.1. If the AML check reveals a risk of more than 50%, the funds are blocked, and verification (KYC) is requested in accordance with clause 8.6 of this agreement.
    4.19.2. If the risk exceeds 50% and the situation falls under clause 11.4, the assets may not be subject to exchange and return.

5. Services of the Service
5.1. Ordering services and obtaining information are carried out exclusively through contacts with a representative of the Service.
5.2. The Service operates according to an established internal schedule.
5.3. Questions and claims regarding orders are accepted within 24 hours.
5.4. In case of suspicious actions, the Service may delay the payout and require additional identity verification.
5.5. The Service reserves the right to refuse the exchange unilaterally.
5.6. AVPAY services are prohibited for use by citizens of the USA, Ukraine, Cuba, Iran, North Korea, and Syria.

6. Cost of services
6.1. Tariffs are determined by the management of the Service and published on the website. The management has the right to change tariffs without notification.
6.2. The Service is not responsible for the client's expectations regarding tariff changes.

7. Guarantees and liability of the parties
7.1. The Service guarantees the fulfillment of obligations within the amounts entrusted by the User.
7.2. The Service ensures the confidentiality of information about the User.
7.3. The Service is not responsible for technical problems leading to the suspension of work.
7.4. The Service is not responsible for damage caused to the User by the actions of third parties.
7.5. The Service is not responsible for losses due to the User's erroneous expectations regarding tariff rates.
7.6. The Service is not responsible for changes in the risk assessment (AML Risk Score) of client wallets after conducting exchanges.
7.7. The User guarantees to compensate the Service for losses in cases of claims related to the use of services.
7.8. The Service is not responsible for force majeure circumstances.
7.9. The User guarantees the legality of disposing of the funds.
7.10. The User undertakes not to falsify communication flows.

8. Force majeure and special conditions
8.1. The Parties are released from liability for non-fulfillment of obligations due to force majeure circumstances (fire, flood, DDOS attacks, network failures).
8.2. In case of a payout error, the User will receive an email notification.
8.3. If an order is paid with a delay, the Service has the right to return the funds minus the network commission or make a recalculation.
8.4. If the order rate deviates by more than 7% from the Binance exchange rate, the Service has the right to make a recalculation or return the funds.
8.5. Orders that result in losses for the Service due to a technical failure or a rate deviation of more than 7% are considered invalid. The Service has the right to compensate for the damage from future receipts from the User.
8.6. In case of detecting suspicious assets that violate the AML policy, the transaction is blocked for a period of 1 to 30 days for investigation. To unblock, it is necessary to go through the KYC procedure:

  • Photo/scan of an identity document;

  • Video or selfie holding the document and a piece of paper with the inscription "AVPAY" and the current date;

  • Video from the sender's wallet/account demonstrating the transaction and URL address;

  • A brief written explanation of the source of the funds;

  • Current address for the return of assets.
    This data must be provided no later than 48 hours from the time of the request.
    8.6.1. After passing the verification (KYC), the return periods are up to 5 business days.
    8.7. The Service is not responsible if the User specified incorrect details and the payout was made to them.
    8.8. Payouts may be delayed up to 5 business days for reasons beyond the service's control.
    8.9. Payout of funds to irrelevant details is carried out with a 5% commission.
    8.10. If the details differ from the network/wallet specified in the exchange direction, the payout is carried out with a 5% commission within 48 hours.

9. Rules for exchanging cryptocurrencies and cash
9.1. Orders for the sale of cryptocurrencies are processed after receiving the minimum required number of network confirmations.
9.2. Payout for BTC exchange is carried out after the 3rd confirmation in the Bitcoin network.
9.3. The speed of transaction confirmation in the blockchain does not depend on the Service and can reach 240 hours during high network load.
9.4. All transactions with cash are conducted strictly through creating orders on the website. In cities without a physical office, courier delivery is possible (costs are discussed in advance).
9.5. Due to the specifics of cash exchange, in case of a significant change in the exchange rate or a delay on the way to the office, the rate may be recalculated. A prior agreement on the visit at least 2 hours in advance is required.
9.6. Coins requiring a MEMO/TAG must be sent strictly with them specified. Funds without a MEMO/TAG are not subject to crediting or return.
9.7. Coins sent via Smart Contracts are processed manually.

10. Refund policy
10.1. A refund is possible solely by the decision of the Service.
10.2. To request a refund, the User must apply from the email specified in the order to info@avpay.pro.
10.3. For bona fide users, refunds are made exclusively minus the blockchain network commission.
10.4. Refund requests are reviewed within 48 hours.

11. Return of assets that have not passed AML verification
11.1. Return of blocked AML assets is possible only after successfully passing identity verification (according to clause 8.6).
11.2. The return of assets is impossible if a request for them has been received from competent authorities (the asset is seized as material evidence).
11.3. According to the regulations, when returning high-risk assets, the return can be made with a penalty fee of up to 5% (but not more than 100 USD equivalent) plus the network commission. In practice, the Service may decide not to charge this commission and limit itself only to the blockchain network commission.
11.4. Assets are not subject to return if there is a direct confirmed connection with the following categories: DARK MARKET, SCAM, STOLEN, MIXER, RANSOMWARE, HACK, TERRORISM FINANCING, CHILD ABUSE, HUMAN TRAFFICKING, etc.

12. Changing the details of the application recipient
12.1. To change the details, the User submits a request in an email to info@avpay.pro. The email must be sent from the email specified in the order. The email must indicate the order number, old details, and new details for receiving the funds.

13. Acceptance of terms of service
13.1. Acceptance of the "User Agreement" terms when creating an order is automatically considered by the Service as an agreement with all the documentation regulating the operation of the service (including the AML/KYC Policy and Privacy Policy).