Holyheld Terms and Conditions
Last Updated: 07.04.2023
Holyheld is operated by UAB Holyheld Financial, company number 306129001 registered at Eišiškių Sodų 18-oji g. 11, Vilnius 02194, Lithuania, duly authorized to provide services of exchanging virtual currency against fiat currency and virtual currency wallet services. Debit card are e-money services provided by Unlimint, company number HE 328641, registered at 125 Griva Digeni, Limassol 3101, Cyprus. Unlimint is licensed and regulated by the Central Bank of Cyprus as an Electronic Money Institution with license number 220.127.116.11.
WHEREAS, these Terms and Conditions govern the access and use by users who are residents of, or located in the EU and UK, of the Holyheld websites, mobile applications, products, software, and other services, including the Holyheld crypto exchange platform (our “Platform”) operated by UAB Holyheld Financial, and other services we provide to you.
Before using Holyheld, we kindly ask you to read carefully and understand the following. By accessing or using our service, you agree to be bound by these Terms and Conditions.
"Crypto" (also called “cryptoasset, "cryptocurrency," "virtual currency," "digital currency," or "virtual commodity") means a digital currency or virtual currency that is based on cryptography and operating on a decentralized platform, which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network.
“Holyheld Account” means the account you open with us through the Platform which is to be operated and used by you in accordance with these Terms and Conditions.
"Fiat currency" means traditional currency, such as US dollars, euros, or pounds sterling, issued by governments and central banks.
"KYC" means "know your customer," which refers to the process of verifying the identity of our customers.
"AML" means "anti-money laundering," which refers to the laws and regulations aimed at preventing money laundering and terrorist financing.
2. Holyheld Account
2.1. Your Holyheld Account enables you to manage, make payments, exchange, transfer or withdraw your balances of crypto or fiat currencies by giving instructions through the Holyheld Platform in accordance with these Terms and Conditions.
2.2. You are also able to open an electronic money account and order a card issued by Unlimint. Any account and card with Unlimint is subject to separate terms and conditions of Unlimint. Access to electronic money services is only provided where Holyheld and Unlimint decide to provide and where you hold a Holyheld Account. Holyheld does not render any e- money or payment services in its own name or on Unlimint’s behalf.
3. Holyheld Crypto Services
3.1. Holyheld allows you to receive funds whether in crypto or in fiat currencies; exchange cryptoassets for fiat currency as supported by Holyheld; make deposits, withdrawals, transfers or payments to third parties using Holyheld Account or external electronic money account or card services; transfer of cryptoassets between users of the Platform.
3.2. Holyheld does not provide any custodial services, nor creates crypto wallets in order to hold any cryptoassets on your behalf. To execute a transaction you agree to connect your pre-existing crypto wallet holding your cryptoassets to the Holyheld Platform. You agree to interact with Holyheld Smart Contract, which will recognize the cryptoassets and will perform a KYC and AML verification via third-party providers.
3.3. We will give you access to an external personal $holytag that can be used to identify you as a Holyheld user in our Platform. As a user you can receive virtual asset transfers from other users, and after you confirm the incoming requested transaction and we execute our mandatory AML verifications, receive said transfer directly.
3.4. Using the the Holyheld Platform and the electronic money account and card service provided by Unlimint, you can also exchange your crypto assets existing in your wallet and top up to your Holyheld card, which allows you to receive and spend fiat using the Holyheld card or initiate a bank transfer to send fiat from your personal bank account directly to other bank accounts via IBAN. Holyheld will only have access to your crypto assets existing in your connected wallet on the moment of exchange and top up to your card as per your specific instructions in an exchange you specifically initiate.
3.5. You are also given the opportunity to connect your wallet to third-party smart contracts to interact with your cryptoassets, by simply using the Holyheld Platform.
4.1. By using our Platform, you confirm that you are at least 18 years old and legally able to enter into legally binding agreements.
4.2. In order to use the Platform you must register for a Holyheld Account with us. You must provide truthful, accurate and complete information during registration or at any time after. You are responsible for maintaining the confidentiality of your account credentials, and you agree to notify us immediately of any unauthorized use of your account.
4.3. You must comply with anti-money laundering obligations in order to open a Holyheld Account. Please consult our AML Policy. This will require you, as part of the registration process, to provide personal details and supporting documents (including your full name, residential address and postcode, mobile number, email address, date of birth, and certain forms of identification), and other evidence and documentation we may ask you to provide, so that we may verify your identity.
4.4. By using our Platform you expressly declare and confirm you are the sole proprietor and user of the wallet used to register and to transfer funds with the Holyheld Platform. You also confirm and you are the sole owner of any funds therein, at all times.
4.5. We reserve the right to require you to provide us with additional information in order to verify your identity and/or require you to undergo a background check prior to being authorised to use Holyheld’s services, or at any point thereafter, in accordance with applicable laws and regulations.
4.6. You acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity including, without limitation, requiring you to take steps to confirm ownership of your email address, verifying information against third party databases or through other sources.
4.7. These inquiries and verification may involve the sharing of certain aspects of your information with third parties for the limited purpose of completing these inquiries and verification.
4.8. By opening an Account you represent and warrant to us that your opening of an Account does not violate any laws or regulations applicable to you.
5.1. By registering in our Platform, you will be given the possibility to choose and register a Name of your choice to identify your Account. Your $holytag will be unique and exclusive to you and your Account with us. You can choose any $holytag which has not been previously registered in our Platform, as long as the same does not contain any words considered to be immoral, scandalous, shocking, indecent, discriminatory, disgraceful, offensive, disreputable, violent or offensive to the conscience or moral feelings, or of any political or religious contents, in any language.
5.2. We reserve the right to refuse the registration of any $holytag, and allocate you one of our choice. You will have the chance to register another one at any time.
6. Holyheld Account Access
6.1. In order to use your Holyheld Account you will need to verify the ownership of your crypto wallet address via EDSCA signature.
6.2. You will also be required to set up two-factor authentication (“2FA”).
6.3. You are the only person permitted to access your Holyheld Account using your Login Credentials and other required forms of authentication.
6.4. You agree and understand that you are solely responsible (and you will not hold us responsible) for managing, monitoring, and maintaining the security of your login credentials and any other required forms of authentication, including your API keys. You further agree and understand that we are not responsible (and you will not hold us responsible) for any unauthorised access to or use of your Holyheld Account.
6.5. If you suspect that your Holyheld Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or Holyheld, you must notify Support as soon as possible using the Holyheld mobile application or website.
7. Execution of Transactions
7.1. We will process cryptoasset transactions in accordance with the instructions we receive from you. You should verify all transaction information prior to submitting instructions to us. We do not guarantee the identity of any user, receiver, requester, or other third-party and we will have no liability or responsibility for ensuring that the information you provide is accurate and complete.You cannot cancel, reverse, or change any transaction marked as complete or pending.
7.2. When you or a third party sends a cryptoasset to a Holyheld Account from an external cryptoasset wallet not hosted on the Platform, the person initiating the transaction is solely responsible for executing the transaction properly.
7.3. All transactions on our platform are final and irreversible. We are not responsible for any losses incurred due to incorrect or unauthorized transactions.
7.4. We may refuse to process or cancel any pending cryptoasset transaction as required by law, regulation, or any court or other authority to which Holyheld is subject in any jurisdiction, if there is suspicion of money laundering, terrorist financing, fraud, or any other financial crime.
7.5. The use of our services may be subject to limits on the volume on any fiat currency or cryptoasset that you may transact or transfer in a given period. Transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. We reserve the right to change applicable limits, as we deem necessary.
7.6. USDC is the only cryptoasset supported by Holyheld for the crypto exchange service. Other tokens might be used in the Holyheld Platform through third party smart contract integrations. Holyheld reserves the right to at any time terminate the listing and support for a specific Cryptoasset.
7.7. During the execution of the services Holyheld is not the recipient of any ownership or custodial rights of any cryptoassets. You remain the sole owner of your cryptoassets at all times in your own crypto wallet.
7.8. You acknowledge that the value of the Cryptoasset may vary. You agree to accept the rate when you authorise a Cryptoasset Transaction. We do not guarantee that you will be able to execute the transaction with Cryptoassets at any particular price or time.
8. Prohibited Use of the Holyheld Platform
8.1. You agree not to use our platform for any illegal, fraudulent, or unauthorized activities. You also agree not to engage in any activities that could damage, disable, overburden, or impair our platform or interfere with other users' use of our service.
8.2. The Holyheld Platform is not provided to, and may not be used in any jurisdiction where the provision or use thereof would violate applicable laws and regulations.
8.3. If you reside in any jurisdiction where the use of the Platform would violate any of the laws or regulations of the jurisdiction in which you reside, you agree to refrain from using the Platform in any manner that would violate any of the laws and regulations of your jurisdiction.
9. Risks Associated with Cryptoasset Transactions
9.1. You understand that cryptoasset transactions involve a high level of financial and security risk. Cryptoassets may experience frequent price volatility. Legislative and regulatory changes or actions may adversely affect the use, transfer, exchange, and value of cryptoassets;
9.2. You understand that:
- cryptoassets in your account are not subject to deposit insurance protection;
- cryptoassets are not legal tender;
- Transactions in cryptoassets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;
- Holyheld may rely on third party service providers which may fail to execute the contracted services;
- cryptoasset exchange and custody services are subject to anti-money laundering compliance and registration requirements under the Lithuanian law and under the European Union’s Fifth Money Laundering Directive.
9.3. You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that Holyheld does not give advice or recommendations regarding cryptoassets, including the suitability and appropriateness of, and investment strategies for, cryptoassets. You agree and understand that you access and use the Holyheld Platform at your own risk; however, this brief statement does not disclose all of the risks associated with cryptoassets and using the Holyheld Platform.
9.4. You should therefore carefully consider whether such use is suitable for you in light of your circumstances and financial resources. You should be aware that you may sustain a total loss of relevant funds, and that under certain market conditions, you may find it difficult or impossible to liquidate a position.
10. Payment of Taxes
10.1. We do not provide tax advice and you agree that you will determine any tax implications associated with your use of, and any transactions you may make using the Platform. You should consult an accountant, lawyer, or tax authorities in your jurisdiction to determine any tax implications.
10.2. Your transaction history is available through your Holyheld Account. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the services, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities.
11. License and Intellectual Property
11.1. We grant you a limited, nonexclusive, non-transferable and non-sub licensable license to access and use the Platform solely for informational, transactional, or other approved purposes and reserve all other rights in the Platform, including without limitation, our websites, APIs, and other content. You agree you have no other rights beyond this limited license.
11.2. Subject to the foregoing, you agree you will not copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any content or other part of the Platform for any purpose. You also agree that you will not frame or display any part of the Platform without our prior written permission and that you will not use our trademarks without our permission. You further agree that you will not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
12.1. We may charge fees for certain services on our Platform. By using our Platform, you agree to pay the Holyheld Fees. Fees can be adjusted at any time. We will send a notification of the applicable fees whether on the Holyheld Account transactions.
12.2. We may charge network fees to process a cryptoasset transaction on your behalf. We will calculate the network fee at our discretion, although we will always notify you of the network fee at or before the time you authorise the transaction.
12.3. Non-payment of fees may cause your transaction to remain in a pending state outside of our control and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such transactions.
14. AML Policy
By using our platform, you agree to our AML Policy.
15. Disclaimer of Warranties
15.1. We provide our platform on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the reliability, accuracy, or completeness of our platform.
15.2. We make no representations about the accuracy, order, timeliness, or completeness of historical cryptoasset price data available on the Platform.
15.3. We will make reasonable efforts to ensure that cryptoasset transactions, requests for debits and credits involving your Holyheld Account, bank accounts, debit cards are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
15.4. Specifically, to the fullest extent permissible under applicable law, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to the Platform, any of the Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
15.5. Any materials, information, view, opinion, projection, or estimate presented via the Platform is made available for informational purposes only and is subject to change without notice. You must make your own assessment of the relevance, timeliness, accuracy, adequacy, commercial value, completeness, and reliability of the materials, information, view opinion, projection, or estimate provided on the Platform.
16. Limitation of Liability
16.1. We shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use our Platform.
16.2. We are not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.
16.3. You agree to indemnify us, our affiliates and service providers, and each of our, or their, respective officers, directors, agents, employees, and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and/or our enforcement of these Terms and Conditions.
16.4. Where we do not own or control the underlying software protocols that govern the operation of cryptoassets supported on our Platform, we assume no responsibility for the operation of the underlying protocols and we are not able to guarantee the functionality or security of network operations.
16.5. Where we are considering a specific claim relating to a specific transaction Holyheld’s liability to you in case of breach of these Terms and Conditions will be further limited to the transaction amount in dispute.
16.6. In addition to the liability cap above, in no event shall Holyheld, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:
- If you claim that we failed to process a cryptoasset transaction properly, your damages are limited to no more than the supported cryptoasset at issue in the transaction;
- any loss of, or damage to, reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same;
- any loss of use of hardware, software or data and/or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and/or any interruption in any such data; and
- any loss or damage whatsoever which does not arise directly as a result of our breach of this Agreement (whether or not you are able to prove such loss or damage).
16.7. We are not liable for any breach of the Agreement, including delays, failure in performance, or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.
You agree that Holyheld reserves the right to suspend, terminate and deactivate your Holyheld Account or access to our Platform, including the E-Money Account at any time, without notice, justification or liability, including in case of: applicable regulatory or judicial decision; pending litigation as so determined by the court or any governmental entity; in case of any illegal, fraudulent, or suspicious activity; and/or in case of any suspected misuse of the Holyheld Platform or the user credentials.
18.1. Any questions, concerns, complaints or further correspondence regarding the present Terms and Conditions shall be addressed to our email email@example.com.
18.2. For Privacy and Data Protection matters please refer to the email firstname.lastname@example.org.
18.3. For KYC/AML compliance questions please contact email@example.com.
19.1. We reserve the right to modify these terms and conditions at any time and without notice. By continuing to use our platform, you agree to be bound by any changes to these terms and conditions.
19.2. We may amend these Terms and Conditions, any agreement incorporated by reference, or our fees at any time by posting the amended version on the Platform, emailing it to you, or communicating it to you through the Platform. Each amended version will be effective as of the time it is posted, and your continued use of our services after the posting of an amended version constitutes your acceptance of the amended version.
20.1. These Terms and Conditions are personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and / or our obligations at any time, including as part of a merger, acquisition, or other corporate reorganisation involving Holyheld, provided that this transfer or assignment does not materially impact the quality of the services you receive. Subject to the foregoing, these Terms and Conditions will bind and insure to the benefit of the parties, their successors, and permitted assigns. You reserve the right to terminate the Terms and Conditions with immediate effect in the event we transfer and/or assign the Agreement.
20.2. In case Holyheld is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including these Terms and Conditions) as part of such merger, acquisition, sale, or other change of control.
21.1. These Terms and Conditions, including documents and links referenced constitute the entire understanding and agreement between you and Holyheld and it supersedes any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of these Terms and Conditions), and every nature between and among you and Holyheld.
21.2. If any provision of these Terms and Conditions is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced. Our failure to insist upon your strict compliance with any term or provision of these Terms and Conditions shall not be construed as a waiver for you to not comply with such term or provision.
21.3. All provisions of these Terms and Conditions that by their nature extend beyond the expiration or termination of these Terms and Conditions, including, without limitation, the sections relating to suspension or termination, disputes with Holyheld, your liability, the indemnity, and general provisions will continue to be binding and operate after the termination or expiration of these Terms and Conditions.
22. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Lithuania.