Last Update 4th November 2020

  1. About our terms

  1. These terms and conditions (the “Terms”) govern how you may use the following website and any associated webpages https://xmr.to (each and collectively the “Site”, “XMR.to” or the “Service”, as applicable).
  2. You should read these Terms carefully before using the Site.
  3. By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
  4. If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
  5. The most up-to-date version of the Terms is accessible at: https://xmr.to/terms-of-service.
  6. If you have any questions about the Services, please contact us by email at support@xmr.to.   We will process your request, however the extent of such processing shall be determined by us in our absolute discretion.

  1. Definitions 

“API”

  1. means our application programming interface, which if you are a developer enables you to use our service in your programs, applications, and/or scripts, as further detailed in the API Terms;

“API Terms”

  1. means the terms that apply to you if you use our API, and which are accessible via the following link: ; https://xmr.to/api-terms-of-service

“bitcoin”

  1. means the Digital Asset invented by an unknown person or group of people using the name Satoshi Nakamoto; released as open-source software in 2009; and associated in the cryptocurrency industry with the paper entitled ‘Bitcoin: A Peer-to-Peer Electronic Cash System’; and which is received by the receiving party at the end of every successful Transaction;

“Digital Asset”

  1. means a digital representation of value that is not issued or guaranteed by a central bank or a public authority, is not necessarily attached to a legally established currency and does not possess a legal status of currency or money, but is accepted by natural or legal persons as a means of exchange and which can be transferred, stored and traded electronically;

“Final Bitcoin Payment”

  1. means the bitcoin payment made by us in a Transaction pursuant to a Binding Order,

“high-risk jurisdiction”

means a jurisdiction:

a.        Identified by credible sources (such as FATF), such as mutual evaluations, detailed assessment reports or published follow-up reports, as not having effective systems to counter money laundering or terrorist financing;

b.        Identified by credible sources (such as FATF) as having significant levels of corruption or other criminal activity, such as terrorism, money laundering, and the production and supply of illicit drugs;

c.        Subject to sanctions, embargos or similar measures issued by, for example, the European Union or the United Nations;

d.        Deemed by us to be providing funding or support for terrorism;

e.        Deemed by us to be politically unstable and or subject to a level of (endemic) corruption; or

f.        For which evidence exists of relevant (public) criticism, including HMT/FATF advisory.

“moneroj”

  1. means the open source Digital Asset created in 2014 that focuses on fungibility, privacy and decentralization and is also known in the cryptocurrency industry as ‘Monero’ and ‘XMR’; and which you are able to pay with to finance a Transaction;  

“Order”

  1. means any order you make as part of a Transaction, which results in a communication from us to you with the details of the Transaction (the “Details”), and a limited time to communicate your intention to consume the Transaction on the basis of the Details (each the “Order Window”), pursuant to which we may make an Offer (as defined in section 2.8.3), as further detailed in the Description and herein;

“Secret Order Key”

  1. means the unique identifier made up of 12 characters we provide you as part of an Offer whenever you make an Order, as further detailed in the Description and herein;

“Privacy Policy”

means our privacy policy available at: https://xmr.to/privacy-policy;

“Refund Policy”

  1. means the provisions detailed in section 2.10.

“Transaction”

  1. means the process described under the heading ‘How does it work? (long version)’ on the following page of the Site: https://xmr.to/ (the “Description”), which enables you to make a bitcoin payment using moneroj, as further detailed in the Description and herein, and “Transactions” means more than one Transaction;

“we" 

  1. means 5atech Ltd, a company registered in Bulgaria under UIC number: 206147710, the registered office of which is at 4 Iskar Street, Sofia 1000, Bulgaria (and “We”, “us” or “our”, “Our”, and “ourselves”,  shall have the same meaning). References to we, our, ourselves, and us in these Terms also includes our group companies from time to time (as applicable); and

“you” 

  1. means the person reading these Terms (and “You”, or “your” shall have the same meaning), and if you are using the Service on behalf of a legal person, business or other organisation (each and collectively “Organisation”, as applicable) includes you and also such Organisation.

  1. By using the Terms on behalf of any Organisation, you represent and warrant (“promise”) that you have all necessary capacity and authority to enter into these Terms on behalf of such Organisation as a legally binding contract between such Organisation and us in all applicable jurisdictions, and that the Organisation enters into such contract.
  2. You agree to comply with all laws, rules, regulations, customs and conventions that apply to your use of our Service (each and collectively “Applicable Laws”, as applicable), including without limitation any international and local Applicable Laws, and you will refrain from using our Service if ever you become aware that you are (or are likely to be) in breach of Applicable Laws.

  1. You warrant that you are:

  1. of full capacity to contract under the laws of the jurisdiction in which you are located or resident;

  1. not located or resident in the United States, China, United Kingdom, Germany or any Blacklisted Jurisdictions (as defined below);

  1. only transacting on XMR.to with legally-obtained funds that belong to you; and

  1. not furthering, performing, undertaking, engaging in, aiding, or abetting any unlawful activity in your use of XMR.to.

  1. In the event you use our API you agree to fully comply with the API Terms, which are part of the Terms.

  1. You agree that you are solely responsible, and we shall never be liable for:

  1. any and all costs and expenses you may incur in relation to your use of the Site; and

  1. keeping your Secret Order Key confidential, safe and secure (and any losses you suffer as a result of the same).

  1. Pursuant to Applicable Laws relating to anti-money laundering and anti-terrorist financing (“AML Laws”), you are not entitled to use our Service if you are located or resident in a high-risk jurisdiction.

  1. You are prohibited from using or accessing our Service to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including terrorism or tax evasion. For the avoidance of doubt, and without prejudice to remaining provisions contained herein, we reserve the right to deny, delay, or cancel a Transaction we perceive as a risk of criminal or fraudulent activity.

  1. Confirmations and Formation of Contract

  1. Any payment made by you in support of a Transaction (each a “Payment”) will be deemed accepted by us and made by you ("accepted", “accept”, or “Acceptance”, as applicable), after the Payment has enough (in our sole discretion) block confirmations (as the term is usually understood in the blockchain industry) on the applicable blockchain (each a “Confirmation” and more than one the “Confirmations”), it being understood that:

  1. an Acceptance shall only be final after we have communicated to you our Acceptance of the Payment and notified you that the Payment has arrived;

  1. the number of Confirmations that are necessary for an Acceptance may vary from time to time; and

  1. we may in our sole discretion accept a Payment with zero confirmations.

  1. For the avoidance of doubt, the broadcasting of a Payment to the blockchain network in a Transaction does not constitute an Acceptance; and the Payment must be received and accepted as detailed in section 2.8.1.

  1. The parties to these Terms agree that:
  1. every communication in which we provide you with a Secret Order Key pursuant to your Order in support of a Transaction shall be deemed to be a conditional offer (subject to our Acceptance) by us to you to proceed with the Transaction (each an “Offer”);

  1. every Payment you make is your acceptance of our Offer; and

  1. where a Payment results in an Acceptance by us a binding contract is formed between you and us to proceed with the Transaction (each a “Binding Order”).  

  1. The parties to these Terms agree that the risk of loss, title to and possession of any moneroj sent in a Transaction shall always transfer and pass from you to us after completion of a Binding Order, and back to you in the moment of the Final Bitcoin Payment, it being understood, for the avoidance of doubt, that we can only be liable for any risk of loss or settlement with respect to a Transaction, including without limitation the applicable Payment in the period commencing immediately after the completion of a Binding Order and ending at the moment of the Final Bitcoin Payment, subject to the remaining provisions contained herein (the “Protected Period”).

 

  1. Risk Warning

You acknowledge that Digital Assets (and transactions with the same) are by their nature (each and collectively the “Risks”):

  1. generally irreversible;

  1. highly volatile and their exchange rates are therefore transitory;

  1. subject to substantial uncertainty with respect to regulation and a regulatory regime that is in constant flux; and

  1. otherwise risky, including without limitation with respect to counterparty-risk, market risk, and security risk,

 

and we are therefore not responsible for any loss you may suffer from the use of our Service (each and collectively “Losses”, as applicable), where the Losses are a direct or indirect result of the Risks, and we have not acted fraudulently or with willful misconduct, all as further detailed in the remaining provisions contained herein and section 8 below.

  1. Refund Policy

 

  1. All Transactions are deemed complete and concluded after the Final Bitcoin Payment.

  1. During the Protected Period, you can submit a request to refund your Payment detailing the Secret Order Key and the desired moneroj refund address  (each a “Refund Request”, and collectively “Refund Requests”) by sending an email to support@xmr.to.  

  1. If we receive a Refund Request properly made within the Protected Period, we will evaluate the Refund Request and if we determine in our sole discretion that we approve the Refund Request, we will send you the moneroj that is the subject of the Refund Request (each the “Refund Payment”) to the address that was provided in the Refund Request.

  1. For the avoidance of doubt, we will never complete or otherwise consume an Order not properly made within the Order Window.

  1. Without prejudice to section 2.10.3, in the event of an error in a Transaction that results in a Final Bitcoin Payment not being made, you have a maximum of 90 days from the date of the Acceptance to make a Refund Request, which the parties hereto acknowledge is also the maximum period within which you can reclaim your Payment.

  1. Any Digital Asset that is not moneroj shall be known each and collectively as “Unsupported Digital Assets” (as applicable), it being understood that Unsupported Digital Assets that are deposited into XMR.to will not be extracted or returned by us.

  1. We shall not process an Order for a Payment of a value that is less than the required amount as detailed in the Description (the “Minimum Order Amount”), it being understood that the level of the Minimum Order Amount is set in our sole discretion and may vary from time to time.

  1. We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at support@xmr.to.

  1. Without prejudice to the Refund Policy, we reserve the right to terminate your access to XMR.to for any reason and in our sole and absolute discretion.

  1. Privacy Policy

Your privacy and personal information are important to us. Any personal information that you provide to us, will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

  1. Ownership, use and intellectual property rights
  1. The Site and all intellectual property rights in it including but not limited to any of its content are owned by us, our licensors or both. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
  2. Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
  3. Trade marks: The name xmr.to and the logos on the Site are our trademarks. Other trade marks and trade names may also be used on the Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.
  1. Accuracy of information and availability of the Site
  1. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
  2. We may suspend or terminate operation of the Site at any time as we see fit.
  3. Any content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
  4. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
  1. Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions and privacy related policies of that third party site.

  1. Third-Party Phishing Scams
  1. There are fake websites pretending to be XMR.to known as “phishing scams”. They often use a misspelled URL that looks like ‘XMR.to’ in order to trick users into sending them funds. Do not use any service that is not located exactly at the ‘xmr.to’ domain.
  2. XMR.to is not responsible for funds that have been sent to as part of phishing scams. It is your responsibility to verify you are visiting the correct domain and to search for the security certificate in the URL bar of your browser. You should not trust private messages, solicitations or requests for funds from people claiming to represent XMR.to unless you have verified that it is an official request from an XMR.to employee or agent. When in doubt, contact us directly to verify any messaging. Stay diligent and please report any phishing scams to our team at support@xmr.to.
  1. Limitation on our liability
  1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
  1. Losses that:
  1. were not foreseeable to you and us when these Terms were formed; or
  2. that were not caused by any breach on our part;

  1. business Losses;
  2. Losses to non-consumers;
  3. Losses that are directly or indirectly associated with the Risks.
  1. Events beyond our control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

  1. Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

  1. Variation

These Terms are dated as of the date detailed at the head of these Terms. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this section 11. We reserve the right to vary these Terms including without limitation the Description from time to time in our sole and absolute discretion. Our updated Terms and any updated Description will be displayed on the Site and by continuing to use and access the Site following any such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms and for updates from time to time.

  1. Severability

If any provision of these Terms is to any extent illegal, otherwise invalid or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability and all other terms hereof shall remain in full force and effect. To the extent permitted and possible, any invalid or unenforceable provisions shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.

  1. Assignment
  1. You are not entitled to assign, sub-contract or encumber any right or obligation under this Agreement, in whole or in part, without our prior written consent.
  2. We are entitled to assign, sub-contract or encumber any right or obligation under this Agreement.
  1. Entire Agreement

These Terms completely and exclusively state the agreement between you and us regarding their subject matter. These Terms supersede and govern all prior or contemporaneous understandings, representations, agreements, or other communications between you and us, oral or written, regarding such subject matter.