Dafin Labs UAB Terms of Service

These Terms of Service govern the rights, obligations, responsibilities, terms of use, procedures, and other related matters between Dafin Labs UAB and its customers.

In these Terms of Service, the terms are defined as follows:

1. 'Company' refers to the entity providing the Services under these Terms of Service (Dafin Labs UAB).
2. 'Crypto-asset' refers to a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology. For the purposes of these Terms of Service, Crypto-asset only refers to Crypto-assets supported by the Platform.
3. 'Customer' refers to any individual person or legal entity registered on the Platform to access and use the Services provided by the Company.
4. 'Fiat' refers to government-issued currency recognized as legal tender and supported for transactions on the Platform.
5. 'Service' refers to the services provided by the Company as described in Article 9 of these Terms of Service.
6. 'Platform' refers to POMPay app and website [https://dafinlabs.io/].

1. The Company establishes certain eligibility criteria at its sole discretion to ensure the proper use of its Service and compliance with applicable laws and regulations. The Company reserves the right to modify the eligibility requirements at any time. Where feasible, the Customer will be provided with prior notice of any changes via the Platform. Continued use of the Service after such changes take effect will constitute acceptance of the revised eligibility criteria. If the Customer no longer meets the updated criteria, the Company may restrict or terminate access to the Services in accordance with the applicable terms.
2. The Customer represents, warrants, and agrees that:
   1. The Customer has the legal capacity and authority to enter into this Agreement and shall utilize the Services in accordance with the Company's Terms of Service, ensuring full compliance with all obligations set forth therein. Notwithstanding the foregoing, Customers who are individual persons are required to be at least 18 years old;
   2. The Customer's use of the Services shall comply with all applicable laws, regulations, and legal requirements of the Customer's jurisdiction, and the Services shall not be used for any unlawful, fraudulent, or prohibited activities;
   3. The Customer shall utilize the Services solely for their own benefit and shall not use or access the Services on behalf of, or for the benefit of, any third party;
   4. The Customer agrees not to engage in any form of market abuse, including but not limited to insider trading, price manipulation, wash trading, spoofing, front-running, or any other deceptive or fraudulent trading practices. The Company reserves the right to monitor transactions for suspicious activity and take appropriate action, including reporting to relevant authorities, suspending or terminating access to the Service, and freezing assets if necessary.
   5. Any Fiat and/or Crypto-assets used in connection with the Services are lawfully owned by the Customer and are derived from legitimate and legal sources.
   6. The Customer is not a citizen, resident, or otherwise located in, incorporated, established, or conducting business operations in any jurisdiction where the use of the Service is illegal or where the Company has designated the jurisdiction as prohibited.

1. The Company shall publish the contents of these Terms of Service on the Platform to ensure easy access for Customers. Key provisions of these Terms of Service, including but not limited to service suspension, subscription withdrawal, contract cancellation or termination, and the Company's disclaimers, shall be prominently displayed using bold text, colors, symbols, or other distinguishing methods. Additionally, such provisions may be made accessible through a separate linked screen to ensure that Customers can easily review them.
2. The Company reserves the right to amend these Terms of Service, provided that such amendments do not violate applicable laws and regulations in the jurisdiction where the service is offered. In the event of any revision, the Company shall notify Customers at least seven (7) days before the effective date by publishing the revised Terms of Service on the Platforms initial screen, specifying the effective date, the changes made, and the reasons for such revisions. However, if the amendments are unfavorable to the Customer or involve significant changes, the Company shall provide notice at least thirty (30) days before the effective date using the same methods and shall additionally inform Customers through electronic means such as email. In such cases, the Company shall present a clear comparison between the previous and revised versions to facilitate Customers' understanding of the changes.
3. The Company shall obtain a confirmation whether the Customer agrees to the revised Terms of Service. If the Customer does not consent to the amendments, either the Company or the Customer may terminate the service agreement. If the Customer does not expressly indicate an objection before the effective date of the revised Terms of Service, the Customer shall be deemed to have accepted the amendments.

1. Any matters not expressly stipulated in these Terms of Service, as well as the interpretation of these Terms of Service, shall be governed by the individual service agreements, operating policies, and rules separately established by the Company, as well as the applicable laws, regulations, and general commercial practices of the jurisdiction in which the Service is provided.
2. In the event of a conflict between these Terms of Service and any other agreement or service contract entered into between the Customer and the Company, these Terms of Service shall take precedence with respect to the use of the Service.

1. The Service Use Agreement for the services provided by the Company shall be established when a person seeking to become a Customer (hereinafter referred to as the "Applicant") agrees to these Terms of Service, and submits an application for Service use in accordance with the procedures prescribed by the Company. The agreement shall be deemed concluded upon the Company's approval of the application.
2. The Company may withhold approval of the Applicant's request for service use (i.e., delay the provision of services) and/or refuse to approve the Applicant's request under any of the following circumstances:
   1. If service provision is not technically feasible.
   2. If the Applicant's identity cannot be verified through authentication and verification methods used by the Company.
   3. If the application contains omissions, errors, or false information attributable to the Applicant.
   4. If the Applicant fails to meet the Customer eligibility criteria set forth in these Terms of Service.
   5. If the Applicant intends to use the Service for unlawful purposes or for commercial purposes unrelated to the intended use of the service.
   6. If the Company determines that the Applicant seeks to use the Service in violation of applicable laws and regulations in the jurisdiction where the Service is provided, guidelines of supervisory authorities, or the Company's policies, or if the Applicant's use of the service may disrupt social order, public welfare, or ethical standards, making the application unsuitable for approval.
3. In the event the Company decides to withhold or refuse approval of an application pursuant to Article 6(2), the Company shall notify the Applicant without delay.

1. A Customer may terminate the Service Use Agreement through the Platform following the instructions provided by the Company. Prior to termination, the Customer must withdraw any remaining funds or assets from their account. The termination process will be completed once all necessary withdrawal transactions are finalized, and the Customer has confirmed the closure request through the Platform.
2. The Company may terminate the Service Use Agreement or impose restrictions on the Customer's access to the Service under any of the following circumstances:
   1. If the Customer provided false or misleading information during the Customers application process.
   2. If there are five (5) consecutive failed login attempts.
   3. In the event of hacking incidents or suspected identity theft.
   4. If a government agency requests Service restriction pursuant to applicable laws and regulations, or if the Company receives information from a government agency or financial institution indicating that the Customer's account is suspected of being used for illegal activities.
   5. If the Customer is involved in, or is reasonably suspected of being involved in, money laundering, terrorism financing fraudulent transactions, or other illegal activities.
   6. If the Customer violates the laws and regulations of the jurisdiction where the Service is provided, regulatory requirements, supervisory authority guidelines, or these Terms of Service, making further provision of the Service infeasible.
   7. If it is objectively determined that the Service has been used for improper purposes beyond its intended scope.
   8. If the Customer fails to update or reflect changes to their information as required.
   9. If the Customer spreads computer viruses, malware, or similar harmful programs.
   10. If the Customer remains inactive for a period longer than 9 (nine) consecutive months and no action is taken within the reactivation period allowed by the Company.
3. If the Customer objects to the measures taken by the Company pursuant to Paragraph 2, the Customer may file a complaint in accordance with the procedures established by the Company. The Company may restore the Customer's access to the Service if the objection is deemed valid.
4. If the Company terminates or restricts the Service Use Agreement pursuant to Paragraph 2, it shall not freeze or arbitrarily dispose of the assets held by the Customer. Any disposition of such assets shall be carried out in accordance with the applicable laws of the jurisdiction where the Service is provided or in compliance with government agency directives. However, if no such disposition is required, the Company shall process the settlement in a reasonable manner at the Customer's request after a specified period.

1. The Service for Customers shall commence upon the Company's approval of the Customer's application for Service use.
2. If the Service cannot commence as specified in Paragraph 1 due to the Company's business or technical reasons, the Company shall notify Customers by making an announcement on the Platform.

1. The Company operates under a valid license to provide the following crypto-asset services to its Customers:
   1. Placing of crypto-assets.
   2. Providing transfer services for crypto-assets on behalf of clients.
   3. Reception and transmission of orders for crypto-assets on behalf of clients.
   4. Providing custody and administration of crypto-assets on behalf of clients.
   5. Exchange of crypto-assets for funds.
   6. Exchange of crypto-assets for other crypto-assets.
2. The Company provides following services and products to its Clients:
   1. Crypto-Asset Custodial Wallets – The Company offers secure custodial wallets for Customers to store, deposit, and withdraw crypto-assets. The Company retains custody of Customers' assets while enabling transfers to external wallets or other individuals within or outside the Platform.
   2. Fiat On-Ramping Services – The Company allows Customers to convert fiat currency into crypto-assets through direct purchases via credit cards, bank transfers, or by first making a fiat deposit into a virtual wallet held with a third-party electronic money institution. In case of large transactions the Customer may instruct the Company to transfer on-ramping order to a third party liquidity providers for execution.
   3. Fiat Off-Ramping Services – Customers can convert their crypto-assets back into fiat currency. For larger transactions or when deemed more efficient, the Customer may instruct the Company to transfer off-ramping order to third party liquidity providers for execution. Fiat withdrawals are processed to the Customer's designated bank account or virtual wallet.
   4. Crypto-to-Crypto Asset Exchange – The Company enables Customers to convert one supported crypto-asset into another using internal exchange services. Transactions are executed based on prevailing market exchange rates, and the Company facilitates trades using its inventory of supported crypto-assets.
   5. Crypto-Asset Payment Processing – Customers can make payments to online and offline merchants using crypto-assets. Payments are completed by scanning a QR code or accessing a payment screen via the Platform. The Company converts the selected crypto-asset into fiat currency and settles the transaction with the merchant.
3. If access to the cryptocurrency trading market is suspended or becomes impossible due to government regulations, legal restrictions, or other force majeure events, the Company may take necessary measures, including the suspension of access to and all functions of the Platform.
4. In such cases, the Company shall not be liable for any damages incurred by Customers as a result of these measures. Customers acknowledge that regulatory changes or unforeseen circumstances may impact the availability of services, and the Company is not responsible for any resulting financial or operational losses.

1. The Company shall be liable to the Customer for the loss of any Crypto-assets or of the means of access to the Crypto-assets as a result of an incident that is attributable to the Company. The liability of the Company shall be capped at the market value of the Crypto-asset that was lost, at the time the loss occurred.
2. Incidents not attributable to the Company include any event in respect of which the Company demonstrates that it occurred independently of the provision of the relevant service, or independently of the operations of the Company, such as a problem inherent in the operation of the distributed ledger that the Company does not control.

3. All fees associated with the Service will be clearly displayed on the Platform [https://dafinlabs.io/]. By using the Service, Customers acknowledge and agree to the applicable fees at the time of the transaction.
4. The Company reserves the right to modify its fee structure at any time. Any updates to fees will be reflected on the Platform. Continued use of the Service will be considered as acceptance of the updated fees.
5. The Company is authorized to deduct all applicable fees, commissions, interest, charges, and any other amounts owed from the Customer's account.
6. It is the Customer's responsibility to review the applicable fees before initiating or completing a transaction. The Company shall not be liable for any losses or disputes arising from a failure to review the updated fee structure.

1. The Company shall, in principle, provide the Service 24/7. However, the Company may temporarily suspend the Service for business or technical reasons.
2. The Company may, if necessary, divide the Service into specific categories and separately designate the available time for each category.
3. In the event of service suspension or restricted availability pursuant to Paragraphs 1 and 2, the Company shall, in principle, notify Customers of the reason for the restriction and the expected duration via the Platform. However, exceptions shall apply if the temporary suspension is beyond the Company's control or arises due to unforeseen circumstances.
4. The Company may conduct periodic or emergency inspections if deemed necessary to ensure the efficient operation of the Service. The inspection schedule shall be announced in advance on the Platform.

1. The Company shall notify Customers in advance of any changes to the content of the Service, including details and the date of application, through the Platform.
2. The Company may modify or discontinue all or part of the Service if any of the following operational or technical circumstances arise:
   1. If illegal or inappropriate activities occur or are likely to occur in connection with the Service.
   2. If a Customer violates any obligations set forth in these Terms of Service.
   3. If the provision of the Service becomes unfeasible due to significant business reasons, such as business transfer, acquisition, merger, or deteriorating profitability.
   4. If maintenance, inspection, equipment replacement, malfunctions, or communication disruptions occur.
   5. If normal Service provision is disrupted due to power outages, equipment failures, excessive usage, or other operational issues.
   6. If the Service cannot be provided due to natural disasters or other force majeure events.
   7. If there are other significant reasons making it objectively impossible for the Company to continue providing the Service.
3. The Company's obligation to notify Customers of Service discontinuation under Paragraph 2 shall be carried out in accordance with Article 13. However, if prior notice is not possible due to unavoidable circumstances, the Company may provide notice afterward.
4. The Company shall not be held liable for changes to or discontinuation of the Service except in cases of gross negligence.

1. When notifying Customers in relation to the operation of the Service, the Company will notify Customers through the Platform. In the event of a public notice to all Customers, the Company may post the notice on the Platform for at least 7 (seven) days.
2. The Company notifies Customers of various information related to Service operation by posting it on the Platform.

1. The Company makes its best efforts to continuously and stably provide the Service in accordance with these Terms of Service.
2. The Company does not disclose or distribute Customers' personal information obtained in relation to the provision of the Service to third parties without the Customers' consent. However, this excludes cases where the information is disclosed through legal procedures in accordance with the applicable laws and regulations.
3. The Company promptly handles Customer complaints related to the Service. If prompt processing is not possible, the Company will notify Customers of the reason and processing schedule by posting it on the Platform.
4. The Company shall be liable for damages incurred by Customers due to the Service if such damage is due to the Company's intent or gross negligence.
5. If the Company decides to take measures pursuant to Paragraph 4, the Company will notify Customers in advance through email, or notices. However, if a Customer cannot be contacted due to unavoidable circumstances, the Company may take preventive measures and provide follow-up notice.
6. The Company faithfully complies with all applicable laws and regulations related to the operation and maintenance of the Service.

1. Customers must comply with the provisions of these Terms of Service, applicable laws and regulations o, Service usage guidelines, and precautions (if any), as well as other matters notified by the Company. Customers must not engage in any actions that interfere with the Company's business or Service.
2. When using the Service, Customers must not engage in any of the following acts:
   1. Providing false information or stealing or illegally using a third party's information.
   2. Manipulating or duplicating and using the Service in an illegal manner.
   3. Reproducing, distributing, or commercially using information obtained using the Service information without the Company's prior consent.
   4. Uploading or distributing computer virus-infected material that causes malfunction of equipment related to the service or destruction or confusion of information, etc.
   5. Infringing on intellectual property rights, such as copyrights, of the Company and other third parties.
   6. Damaging the reputation of the Company or other third parties or interferes with their business.
   7. Collecting, storing, or disclosing other Customers' personal information.
   8. Other similar acts such as altering information posted by the Company.
   9. Other illegal or acts that violate public order and morals and social norms.
3. If a Customer commits any of the acts specified in Paragraph 2, this will be considered a material breach and the Customer must accept without objection any measures taken by the Company, including partial or full restriction of the Service or termination of the Service Use Agreement.
4. If damage occurs to the Company due to a Customer's actions specified in Paragraph 2, the Customer must compensate the Company for the damages incurred.
5. If the Company faces lawsuits or claims from third parties due to a Customer's illegal actions or violations of these Terms of Service, the Customer must indemnify the Company at their own responsibility and expense and compensate the Company for all resulting damages.
6. Customers cannot transfer or assign their Service usage rights or contractual status under the Service Use Agreement to a third party.

1. Copyrights and intellectual property rights related to the Service belong to the Company.
2. Customers must not reproduce, transfer, disclose, distribute, broadcast, or sell any information, technology, or data obtained while using the Service, for which intellectual property rights belong to the Company or a third party, without prior consent.
3. This article remains valid while the Company provides Services and continues to apply after the cessation of Services.

1. As part of the global effort to combat financial crimes, including Money Laundering (ML) and Terrorism Financing (TF), the Company is subject to regulatory obligations requiring the implementation of Customer Due Diligence (CDD) measures.
2. The Company is legally obligated to verify the identity of its Customers. To fulfill this requirement, the Company may request certain information from Customers, including personal details necessary for authentication and verification.
3. The required Customer Due Diligence documents and information may include, but are not limited to:
   1. Full name, residential address, phone number, email address, personal identification code, date of birth, nationality, and citizenship;
   2. Corporate documents and documents proving authorisation;
   3. Government-issued identification number, tax identification number, and bank account information;
   4. A liveness video or photograph for identity verification;
   5. Politically Exposed Person (PEP) status;
   6. Purpose of the transaction, source of funds, and source of wealth;
   7. Any additional documents and information deemed necessary under applicable regulations.
4. The scope and type of information requested may vary based on the Company's internal risk assessment policy. In certain cases, the Company may require additional documentation, and the provision of the Service may be suspended until the necessary documents and information are provided in a timely and satisfactory manner.
5. Customers confirm that all submitted documents and information are valid, accurate, and complete. Customers further agree to promptly update the Company if any of the provided details change.
6. To comply with legal and regulatory obligations, including Know Your Customer (KYC) and Anti-Money Laundering (AML) requirements, the Company may request additional documentation in the course of provision of the Service as necessary to process transactions and settlements.
7. Further details regarding data handling can be found in the Company's Privacy Policy [link].
8. The Company is authorized to conduct necessary inquiries, either directly or through third parties, to verify the identity of Customers and their submitted documents. Customers acknowledge and agree that their personal information may be disclosed to credit reference agencies, fraud prevention services, or financial crime prevention authorities as part of this verification process.

1. Customers must update their information using the method specified by the Company if there are changes to the details provided during Service registration. The Company is not responsible for any issues arising from Customers' failure to update their information in a timely manner.

1. The Company strives to protect Customers' personal information in accordance with the applicable laws and regulations. Matters concerning the protection of Customers' personal information are governed by the applicable laws and the Privacy Policy established by the Company.
2. The Company primarily manages and processes collected personal information. However, if necessary, the Company may outsource some or all of these tasks to a third party selected by the Company, in compliance with the applicable laws and regulations.

1. If the Company is temporarily or permanently unable to provide the Service due to force majeure, natural disasters, maintenance, system malfunctions, communication failures, or other similar circumstances, the Company is exempt from liability for Service provision. In such cases, the Company will notify Customers by posting an announcement on the Platform or via other available notification methods.
2. The Company is not responsible for any disruption in Service use or its consequences if caused by reasons attributable to the Customer.
3. In the event of a dispute arising from a transaction between Customers or between a Customer and a third party through the Service, the involved parties must handle dispute resolution and any necessary post-processing independently. The Company has no obligation to intervene and is not liable for compensating Customers for any damages. However, if the issue is significant and the Customer requests mediation, the Company may choose to assist in resolving the matter.

1. The Company is committed to maintaining a high standard of Service. If a Customer has any feedback, inquiries, or wishes to file a complaint regarding the Service, they may submit a complaint via the form provided on the Platform. Complaints handling procedure is made available on the Platform and provides further information on complaints handling process applied by the Company.
2. To ensure timely processing, the complaint should include:
   1. Name, surname;
   2. User ID (where possible);
   3. E-mail address and other contact details that would ensure effective communication;
   4. Date of the Complaint;
   5. Relevant transaction ID (where applicable);
   6. Relevant order ID (where applicable);
   7. Description of the issue (reason for the Complaint);
   8. Complaint supporting documentation.
3. The Company aims to promptly process Customer opinions and complaints. If immediate resolution is not possible, the Company will inform the Customer of the reason and expected processing timeline.
4. If a dispute arises between the Company and a Customer who is a natural person using the Service for their personal needs other than business, trade, craft or profession, the matter may be subject to extrajudicial dispute resolution. Further information on extrajudicial dispute resolution is provided and kept updated on the Platform.

1. The Terms of Service and any information or notifications provided by the Company or the Customer shall be in Lithuanian and English. In the event of any inconsistency, the Lithuanian language version shall prevail.

1. All disputes (including lawsuits) related to these Terms of Service shall be governed by and interpreted in accordance with the laws of the Republic of Lithuania.
2. If a dispute arises between the Company and a Customer regarding the use of the Service, both parties shall make good-faith efforts to resolve the matter amicably.
3. If the dispute cannot be resolved through negotiation, any disputes and claims shall be submitted to the exclusive jurisdiction of the courts of the Republic of Lithuania.