Terms and Conditions

Last updated: March 14, 2022

This is a contract between you and Omnidrive.com. Omnidrive.com is operated by UAB Omnidrive LT, Gedimino 20, Vilnius - Lithuania, reg. no. 305951862.

References in this Agreement to “Omnidrive”, “we”, “our” or “us” are to Omnidrive.com, and references to “you” or “your” are to the person with whom Omnidrive enters into this Agreement.

By signing up to use an account through Omnidrive.com or any of our associated websites, APIs, or mobile applications (collectively the “Omnidrive Site”), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, as well as our General Risk Disclosure, Privacy Policy and Cookie Policy.

You should be aware that the risk of loss in trading or holding Digital Currencies can be substantial. You should therefore carefully consider whether trading or holding Digital Currencies is suitable for you in light of your financial condition.

1. Omnidrive Services

1.1. Eligibility

To be eligible to use the Omnidrive Services, you must be at least 18 years old.

Your eligibility to access certain Omnidrive Services also depends on the country in which you reside.

1.2. Digital Currency Services

The following services (the “Digital Currency Services”) are provided to you by Omnidrive.com

  • One or more hosted digital currency wallets enabling you to store, track, transfer, and manage your balances of certain supported digital currencies, like Bitcoin (the “Digital Currency Wallet” and “Digital Currency” respectively);
  • A Digital Currency exchange service enabling you to obtain prices for your purchases and sales of Digital Currencies (a “DC Exchange”);
  • A Digital Currency conversion service enabling you to buy and sell Digital Currencies in transactions with Omnidrive.com (the “Conversion Services”).

1.3. Additional Omnidrive.com Services

In addition to the core services, “Additional Services” may be made available by Omnidrive com to users that fulfill certain eligibility criteria.

1.4. Fees

A full list of Omnidrive.com’s fees can be found on Pricing and Fees Disclosures page.

2. Omnidrive.com Accounts and Access

2.1. Registration of Omnidrive.com Account.

In order to use the Omnidrive Services, you will need to register for a Omnidrive account (a “Omnidrive.com Account”) by logging in using your digital ID solution, providing your name, an e-mail address, password, and accepting the terms and conditions of this Agreement and our Privacy Policy. We may, in our sole discretion, refuse to open an Omnidrive Account for you, or limit the number of Omnidrive Accounts that you may hold.

2.2. Identity Verification

You agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Omnidrive Services and your access to one or more Omnidrive Services, and the limits that apply to your use of the Omnidrive Services, may be altered as a result of information collected on an ongoing basis.

The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make the inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you 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.

Additionally, we may require you to wait some amount of time after completion of a transaction, before permitting you to use further Omnidrive Services and/or before permitting you to engage in transactions beyond certain volume limits. This includes authorizing your wireless operator (any branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to Omnidrive.com with your wireless operator account profile information for the duration of the business relationship. Omnidrive employs a rigorous customer screening process, including checking customer PEP (Politically Exposed Person) and sanction list status. This is done through internal procedures and via external third party suppliers. Such checks may be performed upon registration and at periodical intervals thereafter. If you do not hold any fiat or crypto balance with Omnidrive, or you choose to close your account, customer screening checks will cease. All actions mentioned above may be performed manually or automatically, depending on the specific verification requirement, as determined by Omnidrive.

2.3. Access

To access the Omnidrive Services, you must have the necessary equipment (such as a smartphone or tablet) and the associated telecommunication service subscriptions to access the Internet. The Omnidrive Services can be accessed directly using the Omnidrive Site (“Omnidrive.com”).

3. PAYMENT SERVICES

3.1. Purchase of Digital Currency

To purchase Digital Currency, you must follow the relevant instructions on the Omnidrive.com Site. A purchase of Digital Currency should occur on the business day we receive your instructions.

3.2. Receipt of instructions

If we receive instructions from you to purchase Digital Currency on a non-business day or after 4:30 pm (Central European Time GMT +1) on a business day, we may treat those instructions as if they were received by us on the following business day.

3.3. Revocation

When you give us instructions to purchase Digital Currency, you cannot withdraw your consent to that purchase unless the purchase is not due to occur until an agreed date in the future e.g. this may occur if you set up a recurring purchase of Digital Currency (+a “Future Transaction”). In the case of a Future Transaction, you may withdraw your consent up until the end of the business day before the date that the Future Transaction is due to take place. To withdraw your consent to a Future Transaction follow the instructions on the Omnidrive.com Site.

3.4. Account Information

You will be able to see your Wallet balance and your transaction history using the Omnidrive.com Site, including (i) the amount (and currency) of each Digital Currency Purchase, (ii) a reference to identify the payer and / or payee (as appropriate), (iii) any fees charged (including a breakdown of the fees), (iv) where there has been a currency exchange, the rate of exchange, and the amount (in the new currency) after exchange (where you are the payer) or the amount (in the original currency) before the exchange (where you are the payee), and (v) the debit or credit date of each Digital Currency Purchase (as appropriate).

3.5. Redeeming crypto currencies

You may redeem all or part of any crypto currencies held in your Wallet at any time by selecting the relevant option in the Omnidrive.com Site and following the instructions. Unless agreed otherwise, funds will be transferred to the bank account you have registered with us.

If this Agreement is terminated, we will redeem any funds remaining in your Omnidrive Wallet and transfer funds to the bank account you have registered with us.

Prior to redeeming funds from your Wallet, we may conduct checks for the purposes of preventing fraud, money laundering, terrorist financing and other financial crimes. This may mean you are prevented or delayed from withdrawing funds.

3.6. Unauthorised and Incorrect Transactions

Where a purchase, sale or transfer of Digital Currency using your credentials, we will assume that you authorized such transaction, unless you notify us otherwise.

If you believe you did not authorize a particular transaction or that a transaction was incorrectly carried out, you must contact us as soon as possible and in any case no later than 13 months after the relevant transaction occurred. It is important that you regularly check your Wallet balance and your transaction history regularly to ensure any unauthorized or incorrect transactions are identified and notified to us at the earliest possible opportunity. We are not responsible for any claim for unauthorized or incorrect transactions unless you have notified us in accordance with this section.

3.7. Refund rights

If an unauthorized transaction occurs, we will refund you the amount of that transaction within one business day and restore your Wallet to the state it would have been in had the unauthorized transaction not taken place. Generally, you will not be liable for losses incurred after you have notified us of the unauthorized use of your Wallet or if we have failed at any time to provide you with the means for notifying us; however:

If you are fraudulent or you intentionally or negligently fail to carry out your obligations under this Agreement, you will be liable for all resultant losses incurred by you or us. You will be liable for the first EUR 50 of any losses you incur in respect of an unauthorized transaction which arises from the use of a lost or stolen credentials.

Where there is a dispute between us and you regarding an unauthorized transaction, we may temporarily credit your Wallet whilst we settle the dispute. When we determine that the transaction was authorized, we may reverse that credit and correct errors made in any statement of Wallet without prior notice to you.

Where a transaction is made incorrectly (e.g. through our error) we shall refund to you the amount of that transaction without undue delay and restore your Wallet to the state in which it would have been had the transaction not have taken place, although we will endeavor to provide you with reasonable notice where possible. We will also pay any charges for which we are responsible, and for any interest which you can show that you have had to pay as a consequence of any incorrect or incomplete transaction.

Irrespective of our liability, on your request, we shall try to trace any incorrect or incomplete transaction initiated by you free of charge. However, we cannot guarantee that we will be able to trace such transactions.

3.8. Appointment of Regulated Third Parties

You may appoint appropriately regulated third parties to access your Wallet. If you do, you should be aware that by virtue of such access, that third party may access your transactional and other data, and / or may initiate transfers from your Wallet.

3.9. Refusing to deal with Regulated Third Parties

We may refuse access to regulated third parties for objectively justified and duly evidenced reasons relating to unauthorized or fraudulent access to your Wallet. In such cases, unless we are prohibited by applicable law, we will inform you that that third party’s access has been denied and the reasons why. We will permit access again once we are satisfied that the reasons for refusing access no longer exist.

3.10. Consent to access, processing and storage of your personal data

You provide your explicit consent to us accessing, processing and retaining any personal information you provide to us for the purposes of us providing payment services to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws and regulations. You can withdraw your consent to us providing payment processing services to you at any time by closing your account with us. However, we may retain and continue to process your personal information for other purposes. Please see Section 10 (Data Protection) below and our Privacy Policy for further information about how we process your personal data, and the rights you have in respect of this.

4. DIGITAL CURRENCY SERVICES

4.1. General

Your Digital Currency Wallet enables you to buy and sell, and send Digital Currency to, and request, receive, and store Digital Currency from third parties by giving instructions through the Omnidrive.com Site (each such transaction is a “Digital Currency Transaction”).

4.2. Digital Currency Transactions

We will process Digital Currency 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 party. Digital Currency Transactions cannot be reversed once they have been broadcast to the relevant Digital Currency network.

If you initiate a Digital Currency Transaction by entering the recipient’s email address and the recipient does not have an existing Omnidrive.com Account, we will invite the recipient to open a Omnidrive.com Account. If the recipient does not open an Omnidrive.com Account within 30 days, we will return the relevant Digital Currency to your Digital Currency Wallet.

Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A Digital Currency Transaction is not complete while it is in a pending state. Digital Currency associated with Digital Currency Transactions that are in a pending state will be designated accordingly, and will not be included in your Digital Currency Wallet balance or be available to conduct Digital Currency Transactions.

We may charge network fees (miner fees) to process a Digital Currency Transaction on your behalf. We will calculate the network fee at its discretion, although we will always notify you of the network fee at or before the time you authorize the Digital Currency Transaction. A full list of Omnidrive.com’s fees can be found on our Pricing and Fees Disclosures page.

We may refuse to process or cancel any pending Digital Currency Transaction as required by law or any court or other authority to which Omnidrive.com is subject in any jurisdiction.

4.3. Supported Digital Currencies

Our Digital Currency Services are available only in connection with those digital currencies that Omnidrive supports, and this may change from time to time. Under no circumstances should you attempt to use your Digital Currency Wallet to store, send, request, or receive digital currencies in any form that we do not support (although we will use reasonable efforts to help you move or sell Digital Currency that we no longer support). We assume no responsibility or liability in connection with any attempt to use your Digital Currency Wallet for digital currencies that we do not support.

4.4. Digital Currency Storage & Transmission Delays

We securely store Digital Currency private keys, which are the means by which you can securely approve a Digital Currency Transaction. We securely store private keys in our control in a combination of online and offline storage. As a result, it may be necessary for us to retrieve certain information from offline storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such Digital Currency Transaction.

4.5. Third Party Payments

We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of Omnidrive Digital Currency Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party using Digital Currency transferred using the Omnidrive Digital Currency Services, or if you have a dispute with such a third party, you should resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify Omnidrive.com Support so that we may consider what action to take, if any.

4.6. Omnidrive.com Vaults

You may elect to use the Omnidrive.com Vault to store Digital Currency and to set withdrawal time-delays.

4.7. Advanced Protocols

Unless specifically announced on the Omnidrive.com Site or other official public statement of Omnidrive we do not support metacoins, coloured coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Digital Currency we support (collectively, “Advanced Protocols”). You should not use your Omnidrive.com Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. Our platform is not configured to detect and/or secure Advanced Protocol transactions. You acknowledge and agree that we have no responsibility whatsoever in respect of an unsupported Advanced Protocol.

4.8. Operation of Digital Currency Protocols

We do not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform: generally, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee their functionality, security, or availability.

You acknowledge and accept the risk that underlying software protocols relating to any Digital Currency you store in your Digital Currency Wallet may change.

In particular, the underlying protocols are likely to be subject to sudden changes in operating rules (“forks”), and such forks may materially affect the value, function, and/or the name of the Digital Currency you store in your Digital Currency Wallet. Where possible, we may provide you with notices or alerts on forks in accordance with Section 11.11 (Contact Information) below and you must read such notices or alerts received from us in order that you may consider how to deal with upcoming forks. However, it is your responsibility to make yourself aware of, and consider how to deal with, upcoming forks. In the event of a fork, there is a risk that we may need to temporarily suspend operations in relation to that fork without providing advance notice to you. We may, in our reasonable discretion, decline to support either or both branches of a fork.

You acknowledge the risks presented by forks and you accept that we have no responsibility to assist you to move or sell an unsupported branch of a forked protocol.

4.9. Settlement tokens

For security purposes, fee optimization or similar purposes, Omnidrive reserves the right to represent purchases and customer ownership of supported Digital Currencies in internal settlement tokens. Such tokens are liquidated upon transferral outside of the Omnidrive platform.

5. DIGITAL CURRENCY EXCHANGE SERVICES

5.1. General

The Digital Currency Exchange Service enables you to buy Digital Currency using Central Bank issued currency (such as EUR) supported by Omnidrive.com. Conversely, when you sell Digital Currency you may select to receive Central Bank issued currency (such as EUR) supported by Omnidrive com.

5.2. Transactions

You may purchase supported Digital Currency by using VISA/Mastercard. Although we will attempt to deliver Digital Currency to you as promptly as possible, funds may be debited from your VISA/Mastercard card before Digital Currency is delivered to your Digital Currency Wallet.

You may sell Digital Currency in exchange for funds. You authorize us to credit your VISA/Mastercard card or corresponding Bank Account with the relevant amount of funds.

5.3. Transaction Fulfilment

We will make best efforts to fulfill all purchases of Digital Currency, but in some circumstances we may be unable to. If this is the case, we will notify you and seek your approval to re-attempt the purchase at the current Exchange Rate (as defined below).

5.4. Availability of Payment Methods

The availability of a method of payment depends on a number of factors including, for example, where you are located, the identification information you have provided to us, and limitations imposed by third party payment processors.

5.5. Conversion Fees

Each purchase or sale of Digital Currency is subject to a fee (a “Conversion Fee”). The applicable Conversion Fee will be displayed to you on the Omnidrive.com Site prior to each transaction and is stated in each receipt we issue to you. We may adjust our Conversion Fees at any time. We will not process a transaction if the Conversion Fee and any other associated fees would, together, exceed the value of your transaction. A full list of Omnidrive.com’s fees can be found on our Pricing and Fees Disclosures page.

5.6. Exchange Rates

Each purchase or sale of Digital Currency is also subject to the Omnidrive.com “Exchange Rate” for the given transaction. The “Exchange Rate” means the price of a given supported Digital Currency in central bank issued currency as quoted on the Omnidrive.com Site. The Exchange Rate is stated either as a “Buy Price” or as a “Sell Price”, which is the price at which you may buy or sell Digital Currency, respectively. You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time, and that we may add a margin or “spread” to the quoted Exchange Rate. You agree to accept the Exchange Rate when you authorize a transaction. You can learn more about Omnidrive.com’s Exchange Rates on our Pricing and Fees Disclosures page.

We do not guarantee the availability of any Exchange Rate. We do not guarantee that you will be able to buy and / or sell your Digital Currency on the open market at any particular price or time.

5.7. Authorisations, Reversals and Cancellations

By clicking the “Buy” or “Sell” button on the Omnidrive.com Site, you are authorizing Omnidrive to initiate the transaction at the quoted Buy Price or Sell Price and agree to any associated Conversion and Exchange Fees. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorize us, in our sole discretion, either to cancel the transaction or to debit your other payment methods, including balances on your Wallet and/or Digital Currency Wallets, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider.

6. TRANSACTION LIMITS AND ENHANCED DUE DILIGENCE

6.1. Transactions Limits

The use of all Omnidrive.com Services is subject to a limit on the amount of volume you may transact or transfer in a given period (e.g., daily).

6.2. Enhanced Due Diligence

We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with Omnidrive staff (such process, “Enhanced Due Diligence”). This may include requesting a scanned copy of your debit or credit card, or passport, as applicable. We will make this request when you have purchased more than 15.000 EUR per month. We reserve the right to charge you costs and fees associated with such Enhanced Due Diligence although if we intend to do so, we will notify you in advance. In our discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.

7. SUSPENSION, TERMINATION AND CANCELLATION

7.1. Suspension, Termination, and Cancellation

We may: (a) refuse to complete or block, cancel or reverse a transaction you have authorised (b) suspend, restrict, or terminate your access to any or all of the Omnidrive Services, and/or (c) deactivate or cancel your Omnidrive Account with immediate effect for any reason, including but not limited to where:

  • We are, in our reasonable opinion, required to do so by applicable law or any court or other authority to which we are subject in any jurisdiction;
  • We reasonably suspect you of acting in breach of this Agreement;
  • We reasonably suspect you have breached our Behaviour Policy or our Policy on Prohibited Use, Prohibited Businesses and Conditional Use
  • We have concerns that a transaction is erroneous or about the security of your Omnidrive Account or we suspect the Omnidrive Services are being used in a fraudulent or unauthorised manner;
  • We suspect money laundering, terrorist financing, fraud, or any other financial crime;
  • If your credit or debit card or any other valid payment method linked to your Digital Currency Wallet is declined;
  • Use of your Omnidrive Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; and / or
  • You take any action that may circumvent our controls such as opening multiple Omnidrive Accounts or abusing promotions which we may offer from time to time.

We may also refuse to complete a transaction you have authorized where there is insufficient funds to cover the transaction and (where applicable) associated fees at the time that we receive notification of the transaction.

If we refuse to complete a transaction and / or suspend or close your Omnidrive.com Account, or terminate your use of Omnidrive.com Services in this way, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure. In the event that we refuse to complete a transaction and / or suspend your Omnidrive.com Account we will lift the suspension as soon as reasonably practicable once the reasons for refusal and / or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or canceled transaction.

We may suspend, restrict, or terminate your access to any or all of the Omnidrive.com Services and/or deactivate or cancel your Omnidrive.com Account, without reason by giving you two months notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Omnidrive.com Account, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.

On termination of this Agreement, unless prohibited by applicable law or by any court or other order to which Omnidrive.com is subject in any jurisdiction, you may sell or transfer Digital Currency and/or your Digital Currency Wallet(s) for ninety (90) days thereafter.

If we suspend or close your account, or terminate your use of Omnidrive.com Services for any reason, we reserve the right to require you to complete the procedures outlined at Section 2.2. (“Identity Verification”) before permitting you to transfer or withdraw Digital Currency.

You may cancel your Omnidrive.com Account at any time by withdrawing all balances and our Cancellation page. You will not be charged for canceling your Omnidrive.com Account, although you will be required to pay any outstanding amounts owed to us. You authorize us to cancel or suspend any pending transactions at the time of cancellation.

8. LIABILITY

8.1. Indemnification

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 this Agreement (including without limitation your breach of our Behavior Policy or our Policy on Prohibited Use, Prohibited Businesses and Conditional Use) or your violation of any law, rule or regulation, or the rights of any third party.

8.2. Limitations of Liability

Except as otherwise provided for in this Agreement, neither we, nor our affiliates or service providers, nor any of our or their respective officers, directors, agents, employees or representatives, will be liable for any amount greater than the combined value of the Digital Currency in your Wallet and your Digital Currency Wallet at any given time. Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the amount of the transaction in dispute.

(For the avoidance of doubt the term “loss” includes a partial loss or reduction in value as well as a complete or total loss.)

8.2. A. Liability Cap

Except as otherwise provided for in this Agreement, neither we, nor our affiliates or service providers, nor any of our or their respective officers, directors, agents, employees or representatives, will be liable for any amount greater than the combined value of the Digital Currency in your Wallet and your Digital Currency Wallet at any given time. Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the amount of the transaction in dispute.

8.2. B. Limitation of loss

In addition to the liability cap at Section 8.2.A. (“Liability Cap'') above, in no event shall we, 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:

  • any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and / or any actual or hypothetical trading losses, even if we are advised of or knew or should have known of the possibility of the same. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that we failed to process a buy or sell transaction properly, supported Digital Currency at issue in the transaction, and that you may not recover for any “loss” of anticipated trading profits or for any actual trading losses made as a result of the failure to buy or sell
  • 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
  • any other loss of revenue or actual or anticipated savings, 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, and any error or delay in the transmission of such data and / or any interruption in any such data
  • any loss or damage whatsoever which does not stem directly from our breach of this Agreement
  • and / or any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of this Agreement (whether or not you are able to prove such loss or damage).

8.2. C. Applicable law.

The limitation of liability in this Section 8.2 is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the Omnidrive.com Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractor’s negligence.

8.3. No Warranties

The Omnidrive services are provided on an “as is” and “as available” basis without any representation or warranty, whether express or implied, to the maximum extent permitted by applicable law: specifically we disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any representations or warranties that access to the Omnidrive.com Site, any of the Omnidrive Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.

We make no representations about the accuracy or completeness of historical Digital Currency price data available on the Omnidrive.com Site. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and cheque issuances 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.

8.4. Safety and Security of Your Computer and Devices

Omnidrive.com is not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware 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. Omnidrive.com customer support will never ask to screen share or otherwise seek to access your computer or account; similarly, we will not ask for your two factor authentication codes. Always log into your Omnidrive.com Account through the Omnidrive.com Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

8.5. No Liability for Breach

We are not liable for any breach of the Agreement where the breach is due to 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.

9. CUSTOMER FEEDBACK, QUERIES, COMPLAINTS AND DISPUTE RESOLUTION

9.1. Contact Omnidrive

If you have any feedback, questions, or complaints, contact us via our Customer Support webpage or write to us at support@omnidrive.com.

When you contact us please provide us with your name, address, and any other information we may need to identify you, your Omnidrive.com Account, and the transaction on which you have feedback, questions, or complaints.

9.2. Complaints

In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge receipt of your complaint if you contact us via our Customer Support webpage. A Customer Complaints officer (“Officer”) will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided and any information provided by Omnidrive.com. Within 15 business days of our receipt of your complaint the Officer will address all points raised in your complaint by sending you an email (“Resolution Notice”) in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. In exceptional circumstances, if the Officer is unable to respond to your complaint within 15 business days for reasons beyond Omnidrive.com’s control, the Officer will send you a holding reply indicating the reasons for a delay in answering your complaint and specifying the deadline by which the Officer will respond to your complaint (which will be no later than 35 business days from our receipt of your complaint.

9.3. Offers

Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.

10. DATA PROTECTION

10.1. Personal Data

You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated or other individuals, in connection with this Agreement, or the Omnidrive.com Services. Accordingly, you represent and warrant that:

  • your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;
  • before providing any such personal data to us, you have read and understood our Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided a copy of that Privacy Policy (as amended from time to time), to that individual;
  • if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to us.

11. GENERAL TERMS AND CONDITIONS

11.1. Limited License

We grant you a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the Omnidrive.com Site, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by us from time to time. Any other use of the Omnidrive.com Site or Content is expressly prohibited and all other right, title, and interest in the Omnidrive.com Site or Content is exclusively the property of Omnidrive.com and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. All logos related to the Omnidrive.com Services or displayed on the Omnidrive.com Site are trademarks or registered marks of Omnidrive.com or its licensors. You may not copy, imitate or use them without our prior written consent.

11.2. Website Accuracy

Although we intend to provide accurate and timely information on the Omnidrive.com Site, the Omnidrive.com Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Omnidrive.com Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the Omnidrive.com Site.

11.3. Third-Party Applications

In order to access Omnidrive.com Services users are required to provide an email address and create a password. Omnidrive.com offers second factor authentication via a user’s mobile device (Short Message Service, SMS, or a supported Time-based One Time Password, TOTP, application). A verified phone number is required to enable second factor authentication via SMS. Users are responsible for keeping electronic devices through which Omnidrive.com Services is accessed safe and maintaining adequate security and control of any and all security details that are used to access the Omnidrive.com Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of said electronic devices and ensuring that said electronic devices are password protected. Any loss or compromise of personal electronic devices or security details may result in unauthorized access of a user’s Omnidrive.com Account by third-parties and the loss or theft of any Digital Currency in your Wallet and the misuse of any associated accounts, including linked bank account(s) and credit/debit card(s). Users must keep security details safe at all times. For example, passwords and TOTP authentication seeds are safeguarded and not shared or made visible to others.

Omnidrive.com strongly recommends the use of password and second factor protected password managers to safeguard login credentials and Personal Identification Numbers, PINs, and/or biometric authentication features to safeguard second factor generating mobile devices.

11.4. Prohibited and Conditional Use

In connection with your use of the Omnidrive Services, and your interactions with other users and third parties, you agree to comply with the Omnidrive Policy on Prohibited Use, Prohibited Businesses and Conditional Use.

11.5. Export Controls & Sanctions

Your use of the Omnidrive Services and the Omnidrive.com Site is subject to international export controls and economic sanctions requirements. By sending, receiving, buying, selling, trading or storing Digital Currency through the Omnidrive.com Site or Omnidrive Services, you agree that you will comply with those requirements.

11.6. Amendments

We will notify you of any change to the Agreement relating to Omnidrive.com Services by email at least two months in advance. In such circumstances, you will be deemed to have accepted the change if you do not notify us otherwise prior to the date the change takes effect and continue to use the Services. If you do not accept the change, the Agreement will terminate at the end of the two-month notice. You may also end the Agreement immediately and free of charge with effect at any time before the expiry of the two-month notice. We may make all other amendments to the Agreement by posting the revised Agreement on the Omnidrive.com Site or by emailing it to you, indicating when the revised Agreement becomes effective. Although we will endeavor to provide you with advance notice where possible, where lawful we may indicate that the revised Agreement shall be effective immediately and if you do not agree with any such modification, you should close your Omnidrive Account and cease using the Omnidrive Services.

Copies of the most up-to-date version of the Agreement will be made available in the Omnidrive.com Site at all times and will be provided to you by email on your request.

11.7. Relationship of the Parties

Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or Omnidrive.com to be treated as the agent of the other.

11.8. Privacy of Others; Marketing

If you receive information about another user through the Omnidrive Services, you must keep the information confidential and only use it in connection with the Omnidrive Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to effect a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited email to a user through the Omnidrive Services.

11.9. Password Security

In order to access Omnidrive.com Services you will be required to create or be given security details, including a username and password. You are responsible for keeping the electronic device through which you access Omnidrive.com Services safe and maintaining adequate security and control of any and all security details that you use to access the Omnidrive com Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic devices and ensuring that such electronic devices are encrypted and password protected. Any loss or compromise of your electronic device or your security details may result in unauthorized access to your Omnidrive Account by third-parties and the loss or theft of any Digital Currency held in your Omnidrive.com Wallet and any associated accounts, including your linked bank account(s) and credit card(s). You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others.

11.10. Security Breach

If you suspect that your Omnidrive.com 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 Omnidrive.com (together a “Security Breach”), you must notify Omnidrive.com Support as soon as possible and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.

11.11. Contact Information

You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you (including notices or alerts of actual or suspected Security Breach).

11.12. Taxes

It is your responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Omnidrive.com Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your Omnidrive.com Account.

11.13. Unclaimed Property

If we hold Digital Currency, and we are unable to contact you and have no record of your use of the Omnidrive.com Services for 3 years, applicable law may require us to report the Digital Currency as unclaimed property to the authorities in certain jurisdictions. We will try to locate you at the address shown in our records, but if we are unable to, we may be required to deliver any such Digital Currency to the authorities in certain jurisdictions as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges limited upwards to 500 EUR from such unclaimed funds, as permitted by applicable law.

11.14 Entire Agreement

This Agreement (including documents incorporated by reference herein) comprise the entire agreement between you and Omnidrive.com.

11.15. Interpretation

Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.

11.16. Transfer

This Agreement is 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 reorganization involving Omnidrive.com, provided that this transfer or assignment does not materially impact the quality of the Omnidrive.com Services you receive.

11.17. Invalidity

If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision.

11.18. Enforcement of Our Rights

We may not always strictly enforce our rights under this Agreement. If we do this, it will be just a temporary measure and we may enforce our rights strictly again at any time.

11.19. Language

This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.

11.20. Survival

All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the sections relating to suspension or termination, Omnidrive.com Account cancellation, debts owed to Omnidrive, general use of the Omnidrive.com Site, disputes with Omnidrive and general provisions, will continue to be binding and operate after the termination or expiration of this Agreement.

11.21. Governing Law and jurisdiction

The website is operated by UAB Omnidrive LT, reg. no. 305951862. This Agreement will be governed by Lithuanian law and the jurisdiction of the Lithuanian courts.

APPENDICES

APPENDIX 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE

Prohibited Use

You may not use your Omnidrive.com Account to engage in the following categories of activity (“Prohibited Uses”). The specific types of use listed below are representative, but not exhaustive. By opening a Omnidrive.com Account, you confirm that you will not use your Account to do any of the following:

  • Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Omnidrive.com conducts business, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information.
  • Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Omnidrive.com Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Omnidrive.com Site, other Omnidrive Accounts, computer systems or networks connected to the Omnidrive.com Site, through password mining or any other means; use Omnidrive Account information of another party to access or use the Omnidrive.com Site, except in the case of specific Merchants and/or applications which are specifically authorized by a user to access such user’s Omnidrive Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of Omnidrive.com.
  • Abuse Other Users: Interfere with another individual’s or entity’s access to or use of any Omnidrive.com Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Omnidrive.com Site about others, including without limitation email addresses, without proper consent.
  • Fraud: Activity which operates to defraud Omnidrive.com, Omnidrive.com users, or any other person; provide any false, inaccurate, or misleading information to Omnidrive.com.

Prohibited Businesses

In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from Omnidrive.com Services (“Prohibited Businesses”). Most Prohibited Businesses categories are imposed by Card Network rules or the requirements of our banking providers or processors. The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Omnidrive Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact through our Contact Page or Help Center.

By opening an Omnidrive.com Account, you confirm that you will not use Omnidrive Services in connection with any of the following businesses, activities, practices, or items:

  • Unlicensed Investment and Credit Services: Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; unlicensed investment schemes.
  • Restricted Financial Services: Check cashing, bail bonds; collections agencies.
  • Intellectual Property or Proprietary Rights Infringement: Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder.
  • Counterfeit or Unauthorized Goods: Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen.
  • Regulated Products and Services, without the Associated License: including marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials.
  • Drugs and Drug Paraphernalia: Sale of narcotics and controlled substances, including substances designed to mimic illegal drugs.
  • Pseudo-Pharmaceuticals: Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body.
  • Illegal Adult Content and Services: Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features.
  • Illegal or Unlicensed Gambling and Gaming Services; sites offering any such gambling and/or gaming services. You must comply with applicable legislation in your home jurisdiction. For instance, Omnidrive Services may not be used by users in Norway for payments to online casino and sports betting services.
  • Multi-level Marketing: Pyramid schemes, network marketing, and referral marketing programs.
  • Unfair, predatory or deceptive practices: Investment opportunities or other services that promise high rewards, including ICO’s; Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers.
  • High risk businesses: any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies.

Conditional Use

Express written consent and approval from Omnidrive.com must be obtained prior to using Omnidrive Services for the following categories of business and/or use (“Conditional Uses”). Consent may be requested by contacting us at our Contact Page. Omnidrive.com may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use Omnidrive Services in connection with any of following businesses, activities, or practices:

Money Services:

  • Money transmitters, Digital Currency transmitters;
  • currency or Digital Currency exchanges or dealers;
  • gift cards;
  • prepaid cards;
  • sale of in-game currency unless the merchant is the operator of the virtual world;
  • act as a payment intermediary or aggregator or otherwise resell any of the Omnidrive Services.

Charities:

  • Acceptance of donations for nonprofit enterprise.

Religious/Spiritual Organizations:

  • Operation of a for-profit religious or spiritual organization.

APPENDIX 2: VERIFICATION PROCEDURES AND LIMITS

Omnidrive.com uses multi-level systems and procedures to collect and verify information about you in order to protect Omnidrive.com and the community from fraudulent users, and to keep appropriate records of Omnidrive.com’s customers. Your access to one or more Omnidrive Services, and limits including daily or weekly Conversion limits, withdrawal and trading limits, Instant Buy limits, Currency Wallet transfer limits, and limits on transactions from a linked payment method may be based on the identifying information and/or proof of identity you provide to Omnidrive.com.

Omnidrive.com may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any Omnidrive Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your level of identity verification by visiting your Account page.

APPENDIX 3: E-SIGN DISCLOSURE AND CONSENT

This policy describes how Omnidrive.com delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.

Electronic Delivery of Communications

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Omnidrive.com Account and your use of Omnidrive Services.

Communications include:

  • Terms of use and policies you agree to (e.g., the Omnidrive.com Terms & Conditions and Privacy Policy), including updates to these agreements or policies;
  • Account details, history, transaction receipts, confirmations, and any other Account or transaction information;
  • Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
  • Responses to claims or customer support inquiries filed in connection with your Account.

We will provide these Communications to you by posting them on the N Omnidrive.com website, emailing them to you at the primary email address listed in your Omnidrive profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.

Hardware and Software Requirements

In order to access and retain electronic Communications, you will need the following computer hardware and software:

  • A device with an Internet connection
  • A current web browser that includes 128-bit encryption
  • Access to your digital ID solution
  • A valid email address (your primary email address on file with Omnidrive); and
  • Sufficient storage space to save past Communications or an installed printer to print them.

How to Withdraw Your Consent

You may withdraw your consent to receive Communications electronically by contacting us through our Contact Page. If you fail to provide or if you withdraw your consent to receive Communications electronically, Omnidrive.com reserves the right to immediately close your Account or charge you additional fees for paper copies.

Updating your Information

It is your responsibility to provide us with a true, accurate and complete email address and your contact information, and to keep such information up to date. You understand and agree that if Omnidrive.com sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Omnidrive.com will be deemed to have provided the Communication to you.

You may update your information by logging into your account and visiting settings or by contacting our support team through our Contact page.

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