Terms of Use

Welcome to Atlas Wallet. Our services are provided through two legally distinct entities, each conducting its activities within the scope of its respective territorial and regulatory competence:

For users located within the European Union, services are provided by Grol Spółka z Ograniczoną Odpowiedzialnością, a company incorporated and operating under the laws of Poland (Polish Tax ID: 7011090950, KRS National Register No.: 0000974358), registered on 13 June 2022 in the Virtual Currency Business Activity Register maintained by the Director of the Revenue Administration Chamber in Katowice under number RDWW-342.

For users outside the European Union, including Latin America and other international jurisdictions, services are provided by Zemoon Fintech Ltd., a company incorporated under the laws of Canada, with registration number ВС1398578 and registered address at Datatech Business Centre 1095 Mckenzie Ave., Suite 300 Victoria Вс V8p 2l5, Canada, and registered with FINTRAC as a Money Services Business under registration No. M23709431 since March 30, 2023. Zemoon Fintech Ltd. is authorized to conduct activities including foreign-exchange dealing, money transferring, and dealing in virtual currencies.

Each entity operates independently within its respective jurisdiction and in full compliance with applicable laws, anti-money-laundering requirements, and consumer protection regulations.

By using our services and receiving further access to our applications and functions, you (“you” or “User”) agree to comply with these Terms of Use (“ToU”) and all documents we publish, including but not limited, our Privacy Policy. These ToU govern your use of our custodial Digital assets wallet service (“Services”) outlining respective right and responsibilities. If you do not agree with the provisions of these ToU, please stop using the Services and any associated functions provided by us.

We use the following terms and definitions throughout the ToU:

"Account" means a set of data stored on our servers concerning the User, which is necessary for User’s identification and for granting access to the Wallet, other Software, User’s personal data and settings.

“AML & KYC" means Anti-Money Laundering and Know Your Customer procedures that may be required by law or applicable regulations.

“Digital Assets" means Cryptocurrencies and tokens supported by our Wallet.

“Fiat Currency" means traditional government-issued money.

“Software" means our mobile and desktop software applications and other software solutions access to which are granted to Users to be provided with the Services.

“Transaction" means any operation of transfer of Fiat Currency or Digital Assets from one Wallet to another, a deal resulting in change of the balance of the User’s Wallet.

“User" means Any individual using our Services.

“Wallet" means the Software collecting information on digital asset Transactions from different blockchains and enabling creation, generation and storage of digital assets, transaction requests, to which the User receives access when using the Services.

3.1. We provide a custodial crypto wallet supporting multiple blockchain networks, cross-chain swaps and other related features. Users acknowledge and agree that availability of the features may change without notice.

3.2. We provide Services enabling the User to perform operations and different actions with DigitalAssets through the use of the Wallet. The following Services are available for our Users:

• Accepting;
• Payout;
• Exchange of Digital Assets to fiat;
• Exchange of fiat to Digital Assets;
• Exchange of any kind of Digital Assets to another kind;
• Digital Assets storage.

3.3. We may offer Services that are at the final stage of software development when the product is almost ready for full-fledged operation, but our developers have to conduct intensive testing of the product readiness to be launched and function without errors. Such service versions will be designated as “beta version,” “pilot version,” or “pre-release version for developers.” Beta versions of the Services are limited in their features and may have deficiencies and bugs. You may refuse to use the beta version of a Service and wait until it is released officially. The Company may cease providing the beta version of a Service at any time and at its sole discretion. All beta versions of the Services are provided “as is” without any warranty or liability for their operation and content. Beta version Services may be terminated at any time. We disclaim all liability and responsibility hereunder for any damage inflicted through the use of beta versions.

3.4. As a condition to accessing or using the Software or the Services, you shall not:

• violate any applicable law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws and any relevant and applicable privacy and data collection laws;
• infringe on or misappropriate any contract, intellectual property, or another third-party right, or commit a tort while using the Software or the Services;
• use the Software or the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Software or Services or that could damage, disable, overburden, or impair the functioning of the Software or Services in any manner;
• attempt to circumvent any content filtering techniques or security measures that we employ on the Services, or attempt to access any service or area of the Software or Services that you are not authorized to access;
• use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Software or Services or to extract data;
• introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Software or the Services; or
• encourage or induce any third party to engage in any of the activities prohibited under these ToU.

3.5. We reserve the right to modify, suspend, or discontinue the Services at any time at our discretion.

3.6. Our Services, partially or as a whole, may be not available in specific jurisdictions due to local regulations, internal procedures or policies.

4.1. Our Software is provided to you for free under a personal, non-exclusive, non-transferable, non-sublicensable, revocable license for the purpose of transacting with Digital Assets.

4.2. You have no right (and shall not permit any end-user or third party) to (i) decompile, disassemble or reverse engineer the Software or attempt to discover any source code or underlying algorithms of the Software, (ii) remove any copyright notices or other notices, whether or not embedded in the Software, (iii) modify or create derivative works of the Software (except as otherwise expressly permitted by us in writing), (iv) relicense, grant, lease out or lend out the Software, provide to any third party or share the Software with a third party, (v) copy the Software or any part of it, except as provided herein, or (vi) disclose to a third party any information about the performance of the Software and errors detected therein.

4.3. As between you and us, the Company retains all right, title and interests in respect to the Software, including any modifications, derivative works or enhancements, as well as all related intellectual property rights.

4.4. User acknowledges that third-party software may be embedded in or otherwise bundled with the Software and Services. You are allowed to use third-party software only as part of and integrated with the Software.

5.1. To use our Services you must be at least 18 years old and reach the age of maturity in your jurisdiction of residence. By using our applications and continuing the use of the Services or downloading the software used to provide you with the Services, you confirm that you are a person of a legal age, capable, not disqualified and can be independently liable for your decisions and actions and have sufficient authority to accept these ToU.

5.2. You must not be a resident of a country subject to the sanctions imposed or administered by theU.S. Department of the Treasury’s Office of Foreign Assets, the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury, or other relevant sanctions authority.

5.3 To use certain features, you must undergo identity verification (KYC) in compliance with the applicable Anti-Money Laundering (AML) laws and regulations of the relevant jurisdiction. We reserve the right to block accounts that fail KYC/AML requirements or exhibit suspicious activity. We may suspend or terminate accounts involved in suspicious activities. Transactions flagged as suspicious may be reported to authorities.

5.4 You possess all required understanding and knowledge of blockchain transactions and, consequently, take full responsibility for understanding of and compliance with any laws, rules and regulations established by the government of your place of residence to regulate Digital Assets and blockchain technologies applicable to you in relation to the use of the Services.

6.1. To access and use the Services, you must register and create an Account with the use of the Software. The Account is personal to you and you are solely responsible for all activities that occur under your Account. Any action performed using your Wallet is considered authorized by you. We are not responsible for any unauthorized access due to the User’s negligence or fault, phishing attacks, or other security breaches associated with the User’s negligence or fault.

6.2. You must provide accurate, current, and complete information during registration. Providing false or misleading information may result in account suspension or termination.

6.3 You are limited to one Account unless explicitly authorized by the Company. Creating multiple accounts to circumvent restrictions or engage in prohibited activities is not allowed.

6.4. We may implement security measures, including transaction monitoring and fraud prevention systems. We may also take action to ensure compliance with regulatory requirements, including Account restrictions or reporting suspicious activities.

7.1  The Wallet allows users to store, send, receive, and manage supported Digital Assets. It operates as a custodial service, meaning the Company holds Digital Assets on behalf of its Users.

7.2. The Wallet supports specific cryptocurrencies, as determined by the Company. The Company reserves the right to add or remove support for certain Digital Assets without prior notice.

7.3. Users can transfer Digital Assets either to their Telegram contacts or directly via on-chain transactions (deposits/withdrawals).

7.4. Users can swap one supported Digital Asset for another within the Wallet. Exchange rates can change due to market volatility. In cases where the rate deviates substantially (for example, due to technical issues), the Wallet reserves the right to cancel the transaction to protect both parties.

7.5. Users can increase their Wallet balance by purchasing Digital Assets using Fiat Currency and vice versa. When purchasing Digital Assets or Fiat Currency, Users are redirected to and must complete transactions on a third-party platform. We do not directly manage or oversee fiat Transactions.

For certain fiat-to-crypto or crypto-to-fiat purchase operations, the Company cooperates with UAB Mobilum Tech, a company registered in Lithuania (address: Lvivo g. 21A, LT-09313, Vilnius, company number 306247099), which acts as third party service provider of fiat to crypto on/off ramp.

Since the service specified in this section 7.5 is provided by an external entity and we are not liable for any issues (such as Transaction errors or delays) that might arise during these purchases. By using this purchase feature, Users agree to the terms and conditions imposed by the third-party provider – T&C – Mobilum Tech.

7.6. The Wallet shows the value of Digital Assets in Fiat Currency for informational purposes only. We do not actually hold, exchange, or process Fiat Currency; all such transactions are managed by third-party providers. Users should not assume that the displayed fiat values are guaranteed exchange rates or that fiat conversions are conducted by the Company itself. Users should refer to the third- party provider’s terms for actual fiat Transactions. Any disputes or issues arising during these Transactions must be resolved with the third-party, not the Company, and you should review their policies carefully.

Transactions may incur blockchain network fees and Service charges. We are not responsible for failed or delayed Transactions caused by network congestion. We also reserve the right to reject or delay Transactions for compliance reasons.

9.1 Transactions with Digital Assets involve certain risk levels related to their value. The retrospective value of your Digital Assets held in the Wallet does not predict its future value. The price of the Digital Assets may go both upwards and downwards and may depend on economic, political, technological, social and other factors. Kindly note that there will always be a risk to incur losses due to Transactions performed due to the volatile and speculative nature of Digital Assets.  

9.2 Blockchain networks are based on confirmation of a transaction record (entry into a distributed ledger) by other participants of the distributed network. Due to this, the system requires some time to record your rights to cryptographic tokens and/or other digital assets, so you may see the result not immediately. Once a Transaction is submitted to the blockchain, it cannot be canceled or reversed. Users must verify all details before confirming transactions. Financial losses caused by errors, accidental transactions or fraudulent actions cannot be refunded. You should note that any transaction performed may remain unconfirmed by blockchain participants or cancelled. We cannot influence blockchain networks in any manner and shall not be liable for operation of any blockchain network, for its vulnerability or unforeseen modifications, for possible attacks on protocols.

9.3 You acknowledge and agree that you must verify all the details before confirming a Transaction. Thus, our network is not responsible for recovering or refunding any assets sent to incorrect wallet addresses, as we do not have any access to or control over the addresses to which you transfer your assets. Financial losses caused by errors, accidental transactions or fraudulent actions cannot be refunded. You should note that any Transaction performed may remain unconfirmed by blockchain participants or cancelled. We cannot influence blockchain networks in any manner and shall be held liable neither for operation of any blockchain networks nor for their vulnerability, unforeseen modifications and possible attacks on protocols.

9.4 We admit that technical failures are possible in the course of use of Services. Bad internet connection, equipment failures, information distortions may be due to human mistakes or inadequacy of the device and processes. We make no warranty that the device you are using will provide a safe, flawless, uninterrupted or reliable service to the Software or Wallet. You agree that we shall not be liable for any failures of connection, information delays, errors, distortions that may occur in your device when using the Atlas mobile application.

10.1. The developed Software and the Services are provided to you on "as is" basis. By granting the User access to the Service, the Company gives no guarantees (including any express or implied warranties) and makes no claims of any kind, including that (i) the Software will work, or the Services will be provided, error-free, uninterrupted, and continuously, and all identified errors will be corrected, or (ii) access to the Software or the Services will not be uninterrupted, error-free, and malware-free.

10.2 The Company does not give any financial, tax, accounting, investment or legal advice in respect of Digital Assets transactions. The User shall independently assess any possible consequences of his/her actions for his/her well-being based on personal goals, beliefs, knowledge and abilities. For that reason, all risks of transactions with Digital Assets, including the risk of financial loss, errors in the course of transactions, shall rest with the User to the extent permitted by law.

10.3 The Company shall give no guarantees regarding the Digital Assets used by the User, such as guarantees of ownership, financial attractiveness, stability, etc.

10.4 The Company does not guarantee uninterrupted access to Services and Software due to the fact that operation of the Services and Software may be affected by many factors beyond our reasonable control. For that reason, the Company shall not be liable for any consequences resulting from interruptions of the Service.

10.5. The Company gives no guarantees regarding operation of the banks, payment systems and other third parties, if involved in Transactions.

10.6. You are solely responsible under the applicable laws for calculation and payment of all taxes and other state fees (including fines, interest and other extra amounts to the same), which are charged to you in connection with or in regards to Transactions. Subject to the relevant legal grounds and if applicable, we reserve the right to withhold relevant taxes and fees from the User.

10.7. We are not liable for (and any damages arising from) delays, failures, or disruptions caused by events beyond its control, such as natural disasters, acts of government, cyberattacks, or other unforeseen circumstances. We will not compensate for any financial loss or operational inconvenience that results from such events. We will make reasonable efforts to resume normal operations once the event subsides, however some service interruptions may occur without recourse.

11.1. We may suspend or terminate your access to the Account, Wallet or other Software with or without prior notice in case we detect any violation of these ToU, our Privacy Policy, any other associated document, applicable laws or regulatory requirements. In exceptional cases we can act unilaterally with the aim to protect our operations or comply with legal obligations, and you may lose access to your Digital Assets (which could be frozen) until any issues are resolved.

11.2. Users have the right to close their Account at any time by notifying us via the designated support channel. If you choose to end your relationship with us and close the Account, you are responsible for withdrawing any funds beforehand.

11.3. Once your Account is terminated, all rights granted under these ToU and any other associated document will immediately cease, and any pending Transactions or outstanding obligations must be settled. You will no longer be able to use the Services, and it is your responsibility to manage any remaining assets or obligations before termination occurs. However, any provisions of these ToU or associated documents that by their nature shall survive termination will remain in effect following termination (e.g. applicable laws or limitation of liablity clauses).

Your personal data is processed only to the extent necessary for the proper provision of the Services and for compliance with applicable legal obligations. We apply data protection and confidentiality standards in accordance with the applicable laws of the jurisdiction relevant to the entity providing the Services. We do not share personal data with third parties unless required by applicable law or regulatory request. You may exercise your data protection rights, including the right to access, rectification, or deletion of your personal data, in accordance with the applicable legislation. For further information, please refer to our Privacy Policy.

13.1  For users located within the European Union, the Services are provided by Grol Spółka z Ograniczoną Odpowiedzialnością, which is on the transition stage to operate in full compliance with the European Union regulatory framework applicable to crypto-asset service providers (CASPs) under the Markets in Crypto-Assets Regulation (MiCA).

13.2  Grol Spółka z Ograniczoną Odpowiedzialnością adheres to and implements the requirements set out under:

• the Markets in Crypto-Assets Regulation (MiCA);
• the General Data Protection Regulation (GDPR); and
• the Anti-Money Laundering Directives (AMLD) and other related European and Polish legislation.

13.3  In accordance with the above regulations, the Company maintains internal policies and procedures ensuring compliance with obligations related to transparency, data protection, customer due diligence, and anti-money-laundering controls.

13.4 Where required under applicable EU law, the Company may request Users to provide additional information or documentation to ensure compliance with its legal and regulatory obligations. Failure to provide such information may result in restricted access to the Services or suspension of the User’s Account until all requirements are fulfilled.

14.1  These ToU are governed by the laws and regulations applicable to the entity providing the Services to the User:

• For Users serviced by Grol Spółka z Ograniczoną Odpowiedzialnością, the governing law shall be the laws of Poland and the applicable regulations of the European Union, without regard to their conflict of laws provisions.
• For Users serviced by Zemoon Fintech Ltd., the governing law shall be the laws of Canada (Province of British Columbia), without regard to its conflict of laws provisions.

14.2  Any disputes, claims, or proceedings arising out of or in connection with these ToU shall be submitted to the competent courts of the jurisdiction relevant to the entity providing the Services, unless otherwise required by applicable law.

14.3  You may file complaints via our support channel or, where applicable, through relevant regulatory authorities in the jurisdiction of the entity providing the Services.

We may update these ToU to reflect changes in our Services or legal requirements at any time. Users will be notified of the changes by publishing the revised versions of the ToU on our website and changing the date of "Last updated" on the webpage where ToU are available or by other means of notification that we will determine at the time, at our sole discretion. Using a particular form of notification in some cases does not force us to use the same form in other cases. Continued use of our Services or the Software constitutes acceptance of changes.

Any change or modification will be effective immediately after the publication of a revised version of ToU on our website, and you waive any right you may have to receive a specific notice of such changes or modifications. The use of our website will confirm your acceptance of such changes or modifications, so you should frequently review the applicable version of the ToU. The most up-to date versions of the ToU can be consulted by clicking on the hypertext link located at our web site. If you do not accept the modified ToU, you must stop using the Services and the Software.

If any provision of these ToU is considered illegal, void or for any reason unenforceable, said provision will be considered separable from these ToU and will not affect the validity and enforceability of the remaining provisions.