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Terms and Conditions

Effective Date: 20.06.2025

1. GENERAL

These Terms and Conditions ("Terms"), along with the Privacy Policy ("Policy"), constitute the Agreement established by You and one or more companies depending on the services provided to you:

UAB FINCH TECHNOLOGIES (company code: 306113100), incorporated and existing under the laws of Lithuania, with its registered address at Eišiškių Sodų 18-oji g.11, Vilnius, Lithuania, 02194. UAB FINCH TECHNOLOGIES is authorized to provide virtual currency exchange and custody services under the supervision of the Financial Crime Investigation Service (FCIS) of Lithuania.

FP TECHNOLOGIES SP. Z O.O. (KRS: 0001141863), incorporated and existing under the laws of Poland, with its registered address at Piotrkowska 116 apt. 52, 90-006 Łódź, Poland. FP TECHNOLOGIES SP. Z O.O. is registered and supervised by the Polish Department of Financial Information (GIFI) for the provision of virtual asset services.

Each of the aforementioned companies, (UAB FINCH TECHNOLOGIES and FP TECHNOLOGIES SP. Z O.O.), shall hereinafter be referred to collectively as “FinchPay,” which is the trade name for their consolidated services as specified herein.

By accessing or using the Services (as defined below), You confirm that You have read, understood, and agreed to be bound by these Terms. However, if You conduct only an Occasional Transaction (as defined herein), this Agreement shall not constitute the establishment of a business relationship under applicable law.

If You do not agree or fail to adhere to the Terms or any other rules related to the Services, you are not entitled to use the Services. Accepting these Terms is a condition of using the Services. Refusal to accept modifications to the Terms shall preclude the User from using the Services.

FinchPay reserves the right to revise these Terms at any time, at its sole discretion. In the event of any updates, the effective date at the top of the document will be changed accordingly. By continuing to use the Services after such updates are published, you acknowledge and accept the revised Terms. We encourage Users to review this page regularly to stay informed of any changes.

Before using FinchPay’s Services, Users should carefully evaluate whether purchasing or holding cryptocurrencies aligns with their financial circumstances and understanding of the digital assets involved. Virtual currencies are highly volatile and involve a significant risk of loss. You should only proceed if you fully understand the associated risks.

The Website and the Services provided by FinchPay are not intended for, and may not be used by:

2. DEFINITIONS

Account – a user profile created on the FinchPay platform that enables access to Account-Based Services.

Occasional Transaction –purchase not exceeding EUR 500, performed without opening an Account or establishing a business relationship

Business Relationship – a formal, ongoing relationship established between the User and FinchPay upon successful Account registration and KYC verification, subject to AML/CTF compliance.

Services – the services provided by FinchPay, including but not limited to the cryptocurrency Purchase Service

User – any individual or legal entity that uses the Website and/or Services provided by FinchPay.

Website – https://finchpay.io and any associated subdomains.

3. LIST OF UNSUPPORTED AND HIGH-RISK JURISDICTIONS

Our Services are available to Clients from all over the world, subject to certain exceptions

3.1. LIST OF UNSUPPORTED JURISDICTIONS

The Services are not available for Clients from the following countries

3.2. LIST OF HIGH-RISK JURISDICTIONS

The Services are available with certain restrictions and limitations:

List of unsupported and high-risk jurisdictions will be regularly updated or modified in accordance with international standards.

4. SCOPE OF SERVICES

FinchPay is a Virtual Asset Service Provider (VASP) registered in the Republic of Lithuania. The company operates under the legal name UAB Finch Technologies, with company registration number 306113100, and is authorized to provide services related to the virtual assets.

FinchPay provides the following services ("Services") to Users: FinchPay operates a digital platform that enables Users to purchase virtual currencies (such as Bitcoin, Ethereum, and other supported digital assets) using traditional fiat currencies (such as EUR, USD, etc.). This is facilitated through supported payment methods, which may include bank cards, bank transfers, and other integrated payment solutions.

The Services are provided either: - as Occasional Transactions, not requiring Account creation or KYC, and not constituting a business relationship (subject to applicable thresholds), or - as Account-Based Services, which require the creation of an Account and verification of identity (KYC), and constitute an ongoing business relationship.

All Services are subject to applicable laws and regulations, including those related to anti-money laundering (AML) and combating the financing of terrorism (CTF).

5. ACCEPTANCE OF TERMS

By using FinchPay’s Services, whether as part of an Occasional Transaction or through an Account, the User agrees to be bound by these Terms. However, engaging in an Occasional Transaction without creating an Account shall not be considered the establishment of a business relationship.

6. TRANSACTION TYPES AND CUSTOMER RELATIONSHIP

6.1. Occasional Transaction

FinchPay allows Users to conduct Occasional Transactions without creating an Account. If the total value of combined related transactions does not exceed EUR 500 (or the equivalent in another currency), such transactions may qualify as “Occasional Transactions” and do not require the establishment of a business relationship or completion of full KYC procedures.

Users engaging in Occasional Transactions remain subject to these Terms to the extent applicable but do not become account holders or enter into an ongoing business relationship with FinchPay.

To process an Occasional Transaction, FinchPay collects limited identifying information from the User, including an email address, phone number, and IP address, for the purposes of fraud prevention and legal compliance.

FinchPay reserves the right, at its sole discretion, to refuse or suspend an Occasional Transaction and may require the User to complete identity verification (KYC) and create an Account in order to proceed. Such a request shall be considered an initiation of a business relationship.

6.2. Business Relationship

A business relationship is established when a User creates an Account with FinchPay and successfully completes Know Your Customer (KYC) verification.

7. CUSTOMER VERIFICATION

FinchPay may conduct an identity verification ("Know Your Customer" or "KYC") process to comply with all applicable anti-money laundering, sanctions, and other relevant statutory requirements.

FinchPay reserves the right to limit the Website functionality to the Users who have not passed verification. If the Customer refuses to provide required documents and information under KYC, FinchPay reserves the right to immediately terminate the Services provided to the User.

The User undertakes to provide FinchPay with correct and relevant documents and personal information contained therein. In case the User provides counterfeit documents and false personal information, such behavior will be interpreted as a fraudulent activity.

FinchPay may ask for additional information related to client’ transactions and origin of funds, to comply with anti-money laundering laws and regulations.

FinchPay may carry out verification checks for certain transactions as requested by law. Carrying out those checks might increase the time it takes to process the client's transaction. FinchPay shall not be held responsible for any delays because of carrying out such checks. FinchPay shall not bear any losses or damages, direct or indirect because of delays when carrying out transaction checks.

8. REVOKING OR AMENDMENT OF ORDERS

The User acknowledges that the execution time of orders is based on the actual operation time of FinchPay. All orders are final and the User does not have the right to revoke or amend their orders at any point.

9. PRIVACY POLICY

Please refer to the Privacy Policy for information about how FinchPay collects, uses, and discloses information about its Users.

10. FEES

FinchPay reserves to right to charge and not to charge any fees for the usage of Services. The User agrees to pay to FinchPay the fees for the usage of the Services as it set, amended, and updated from time to time by the sole discretion of FinchPay. The applicable fees will be shown prior to using the respective Services, conducting transactions, or any other operations through the Website.

11. USER OBLIGATIONS

Users must: - Use the Services in compliance with applicable laws and regulations; - Provide accurate and complete information as required; - Refrain from using the Services for unlawful or prohibited activities.

Users are prohibited from using the Services for activities related to money laundering, terrorist financing, fraud, or other prohibited conduct, including but not limited to: use on darknet markets, mixers, or for illicit goods/services.

12. RIGHT TO SUSPEND OR TERMINATE

FinchPay may, at its sole discretion, suspend or terminate access to the Services if there is reasonable suspicion of unlawful activity, violation of these Terms, or for compliance with applicable law.

FinchPay reserves the right to hold funds if there is a suspicion of fraud, AML/CTF concerns, or legal obligations pending investigation.

13. RISK DISCLOSURE

The User acknowledges and accepts the risks associated with digital assets, including but not limited to high price volatility, technical vulnerabilities, and regulatory uncertainty. FinchPay does not guarantee the future value, stability, or usability of any cryptocurrency.

Engaging in any activity related to cryptocurrencies involves significant risks. Before using the Services, the User should carefully assess whether such activities are suitable in light of their financial situation, risk tolerance, and level of understanding of the technology and market.

By using the Services, the User agrees and acknowledges that:

If the User is uncertain about any aspect of using the Services, FinchPay strongly recommends consulting with legal, financial, tax, or other professional advisors.

Use of the Services is entirely at the User’s own risk.

14. TRADEMARKS AND INTELLECTUAL PROPERTY

The User explicitly acknowledges that FinchPay is and remains the sole owner of the Services and/or other intellectual property rights relating thereto. The Websites and all information, content, material, graphics, products, website addresses, layouts, and services included on or otherwise made available to the User through the Website are the exclusive property of FinchPay and are protected under applicable law. All such rights and goodwill are and shall remain, vested with FinchPay.

The User may only use the Website and/or the Services only for personal, lawful, and non-commercial use. Any other use of the content of the Services is strictly prohibited and the User agrees not to infringe or enable others to infringe FinchPay’s intellectual property rights.

The User may not sell or modify materials derived or created from the Services or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose. The User’s use of the materials on any other website or on a file-sharing or similar service for any purpose is strictly prohibited. The User may not copy any material or content derived or created from the Services without prior written permission from FinchPay.

Without prejudice to the right of the User or any third party to challenge the validity of any intellectual property of FinchPay, the Customer shall not perform or authorize any third party to perform any act which would or might invalidate or be inconsistent with any intellectual property of FinchPay – including without being limited to any patent, copyright, registered design, trade mark or other industrial or intellectual property rights – and shall not omit or authorize any third-party to omit to do any act which, by its omission, would have that effect.

The Website may contain links to third-party websites on the internet. These third-party websites may contain information or material that some people may find offensive or inappropriate. Third-party websites might also refer to their own initiative to the Website(s). The User acknowledges that the third-party websites are not under the control of FinchPay. The User also acknowledges that, whether or not such websites are affiliated in any way with FinchPay, FinchPay is not responsible for the accuracy, decency, legality or any other aspect of the content of such websites.

The User undertakes to notify FinchPay of any actual, threatened, or suspected infringement of any intellectual property rights of FinchPay which comes to the User’s notice, and of any claim by any third party due to use of the Services.

15. WARRANTIES

FinchPay makes every reasonable effort to ensure the highest quality of its operations and to provide uninterrupted access to its Services in line with their intended purpose. However, no method of long-distance data transmission or digital service delivery can guarantee 100% security, availability, or continuity at all times.

The Website and Services are provided on an “as is” and “as available” basis, with all faults. FinchPay expressly disclaims all warranties, representations, and conditions of any kind—whether express, implied, or statutory—arising from or related to these Terms or the User’s use of the Website and Services, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the fullest extent permitted by applicable law, the User acknowledges and agrees that the use of the Website and Services is entirely at their own risk.

16. LIMITED LIABILITY

Disclaimer

IN NO EVENT WILL FINCHPAY BE LIABLE FOR ANY LOST PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT FINCHPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY ASSERTED.

Cap on Liability

UNDER NO CIRCUMSTANCES WILL FINCHPAY BE LIABLE TO THE USER FOR DAMAGES ARISING OUT OF THE SERVICES EXCEEDING THE AMOUNT OF 100 EUR.

Exceptions

The limitations set above will not apply to damages caused by the gross negligence, fraud, or willful misconduct of FinchPay, or to the extent such limitations are precluded by applicable law (in which case FinchPay’s liability will be increased to the minimum amount required to comply with such law).

17. INDEMNITY

The User agrees to indemnify FinchPay against any claims, damages, losses, or legal fees incurred due to the User’s use (or misuse) of FinchPay.

18. COMPLAINTS RESOLUTION

In the event of an infringement of the User’s rights with respect to the Services, please send a complaint to [email protected]. The User shall have to apply to FinchPay no later than three months after the day when the User became aware or ought to have become aware of an infringement of their rights or lawful interests. All complaints will be examined and the User will be contacted as soon as possible, but no later than 14 days after receipt of the complaint.

19. APPLICABLE LEGISLATION AND DISPUTES RESOLUTION

The legislation of the Republic of Lithuania shall be applied to the Terms. Any court action between FinchPay and the User shall be resolved in the Vilnius District Court which has exclusive jurisdiction for resolving disputes arising under the Terms.

20. CONTACT INFORMATION

If You have any questions with respect to the Agreement the Website or the Services please contact FinchPay using the online chat box available on the Website or by email at [email protected] and a member of the FinchPay support team will be happy to help You.