TERMS AND CONDITIONS ONRAMP

1. BACKGROUND

This document sets out the user terms and conditions, these (“Terms”), for the use of Onramp, the (“Service”). By using the Service, you expressly represent and warrant that you have accepted these Terms.

You also represent and warrant that you have received and accepted the ‘Information Regarding Transfer Services in a digital format prior to using our Service and entering into a contractual agreement with us.

These Terms, the Privacy Policy and the Information regarding transfer services constitutes a legally binding agreement between you and QB Europe AB (“QB”).

QB is a fintech company registered as a VASP, virtual asset service provider, with the Swedish Financial Supervisory Authority (Sw. Finansinspektionen).

Any changes to the Information regarding Transfer Services will be communicated to you in good time before such changes start to apply.

You are at any time, during our contractual relationship, able to access these Terms on QB’s website.

2. REQUIREMENTS TO USE OUR SERVICES AND KNOW YOUR CUSTOMER (KYC) INFORMATION

To use our services you must be:

• a natural person,
• at least 18 years of age and,
• living within the European Economic Area.

We will gather information, such as name, address, contact details and source of funds for a number of reasons, which includes meeting legal requirements and ensuring your identity.

Further information on how we manage your personal data is described here.

3. THE SERVICE

The service allows you to buy the cryptocurrency Bitcoin (BTC) from QB and transfer this to the e-merchants wallet. On the payment page, you will be asked to specify the amount of BTC you wish to purchase in FIAT. Once the purchase is confirmed, the BTC will be transferred to the e-merchant you are engaging with.

4. CUSTODY AND ADMINISTRATION POLICY

A summarized version of QB’s Custody and Administration Policy is available and can be provided to you upon request.

5. PAYMENT SERVICES

A purchase transaction made with a Debit/Credit card will be carried out by a payment service provider, a third party. The payment services are governed by the payment service provider’s own Terms and Conditions. QB reserves the right to change payment service provider at any given time.

6. E-MERCHANTS’ WEBSITES

When using the Service, you may access e-merchants’ websites that QB neither controls nor endorses. QB shall not be held responsible for the content or information provided on these websites. By continuing to use an e-merchant’s website, you acknowledge and agree that QB is not responsible or liable for any losses or damages you may incur. We strongly recommend that you carefully review all information published on the e-merchant’s website you choose to visit.

7. AUTHENTICATION SYSTEM

You must use the authentication system we provide to complete a transaction. This system may include, but is not limited to:

• eID authentication (BankID)
• Document verification
• Passwords
• Two-factor authentication (2FA) via SMS, email, or authenticator apps

You are responsible for keeping your authentication details secure and confidential. Sharing or giving these details to anyone else is strictly prohibited.

Any actions or transactions made using your authenticated access will be treated as authorized by you.

We may update or improve our authentication systems to enhance security. If needed, we will notify you in advance.

8. NO INVESTMENT ADVICE

We do not provide any investment advice in connection with the Service. Each decision to purchase cryptocurrency is your own decision and we will not be held liable for any losses.

9. PRICING AND FEES

We will not charge you for the use of the Service.

We are however not liable for any additional card fees that your card company may charge to complete a transaction. Please note that your card company may charge you in EUR even though you make the payment in your local currency.

10. HOW CAN I STOP BEING A CUSTOMER?

You can stop being a customer at any time. You can do this by emailing us at support@i02.cbb.myftpupload.com.

11. RESTRICTIONS ON USING OUR SERVICE

It is strictly prohibited to directly or indirectly use the service as follows, but not limited to:

• for illegal purposes (such as committing fraud, money laundering, terrorist financing or proliferation financing);
• in a way that we believe might harm our ability to provide the Services;
• to allow anyone else to have access to or use the Service on your behalf.

Any violations of these rules may result in restrictions preventing you from using the Service without further notice.

12. CAN QB DELAY OR REFUSE A TRANSACTION?

We must refuse to perform a transaction, or delay a transaction, in the following circumstances:

• if your instruction doesn’t contain all the information we need to execute the transaction;
• if legal or regulatory requirements prevent us from making the transaction or demand us to carry out further controls;
• if you have violated these Terms in a way that in our assessment justifies us delaying or refusing your transaction;
• if we assess that the processing of your instruction would violate these Terms; 
• if a bankruptcy order is issued against you or you’ve entered into an individual voluntary arrangement with your creditors;
• if, even after doing everything reasonably possible, we won’t be able to make the transaction on time;
• if a third party prevents us from making the transaction;
• if we have asked you for important information that we reasonably need in order to carry out your transaction and you have not given us that information; or
• if we have blocked you from using the Service.

We won’t be responsible for any losses you suffer as a result of us delaying or refusing a transaction.

13. CAN QB BLOCK ME FROM USING THE SERVICE?

We have a right to block you from using the Service if, for instance:

• we are concerned about your safety;
• we have reason to believe that it might be used fraudulently;
• we have reason to believe that it might be used without your permission; or
• you do not provide the requested information.

We might also have to block you from using the Service to meet our legal obligations.

We will unblock you as soon as the reasons for blocking you from using the Service no longer exist.

Please note that from the time we ask you to provide us with certain information we expect you to provide us with this information immediately but no later than within 14 days from our written request thereof.

14. WHEN CAN QB TERMINATE OUR CUSTOMER RELATIONSHIP?  

We have a right to terminate the customer relationship for any reason by giving you two (2) months’ notice. 

We also have a right to terminate immediately, in the following cases: 

• if we have good reason to suspect that you are behaving fraudulently;
• if you haven’t given us any information we need, or we have good reason to believe that information you have provided is incorrect or not true;
• if we have asked you for important information we reasonably need and you haven’t given us that information;    
• if you have violated these Terms in a serious or persistent way and you haven’t put the matter right within a reasonable time of us asking you to;
• if we have good reason to believe that your use of the Service is harmful to us;
• if we have good reason to believe that you continuing to use the Service could damage our reputation or goodwill;
• if you’ve been declared bankrupt;
• if you’ve been declared deceased; or
• if we have to do so under any law, regulation or due to court order. 

Please note that from the time we ask you to provide us with certain information we expect you to provide us with this information immediately but no later than within 14 days from our written request thereof.

15. CHANGES TO THESE TERMS

We will make changes to these Terms from time to time. For instance:

• if we think it will make them easier to understand or more helpful to you;
• to reflect the way of our business;
• to reflect legal or regulatory requirements that apply to us and our business; or
• because we are changing or introducing new services or products.

When we make any changes to these Terms that could affect your current use of the Service it will be shown two (2) weeks in advance on the website. By continuing using the Service after the two (2) weeks period you are deemed to have accepted the updated Terms. However, you can always terminate the Service with immediate effect. Please see Section ”How can I stop being a customer”.

16. IF SOMETHING GOES WRONG WITH THE SERVICE?

We will do as much as reasonably possible to make sure that the Service is not interrupted. However, we can’t promise that this will always be the case or that the Service will be free from faults. In short, we cannot guarantee that the Service won’t be interrupted or that you will not experience any delays etc. 

We will not be responsible for losses resulting from us failing to provide the Service due to:

• a legal or regulatory requirement;
• unforeseeable events outside our control, which were unavoidable at the time, including but not limited to an event of force majeure;
• criminal or any other illegal actions of third parties resulting in damage to you or any other person; or
• the blocking of you using the Service when implementing legal requirements, including those in relation to anti-money laundering and counter-terrorist financing and counter-proliferation financing.

We won’t be responsible to you for any of the following, whether direct or indirect, that arises in connection with these Terms:

• loss of income or profit;
• loss of goodwill or damage to your reputation; 
• loss of business contracts or opportunities; or
• consequential loss.

17. LIABILITY FOR CUSTODY AND ADMINISTRATION OF CRYPTO-ASSETS

QB is liable for the loss of crypto-assets or the means of access to the crypto-assets, where such loss is directly attributable to QB. QB’s liability in such cases will be capped at the market value at the time the loss occurred.

However, QB is not liable for any incidents that are not attributable to QB. This includes, but is not limited to, events that occur independently of the services QB provides or QB’s operations, such as:

• Issues inherent to the functioning of the distributed ledger technology or blockchain that we do not control.
• Events caused by factors external to our systems, including force majeure events, unauthorized actions by third parties, or security breaches caused by a client’s negligence.

18. YOUR RESPONSIBILITY TOWARDS US

If you breach these Terms you may be responsible to us for certain losses. In such cases we may, at our discretion, do following:

• hold you responsible for any losses, including losing profits, we suffer as a result of your actions; and 
• hold you responsible for any legal costs that arise as a result of our losses.

19. CUSTOMER SUPPORT AND COMMUNICATION

You can communicate with us through electronic channels, such as email or any mobile and web application we manage. For contact details and information regarding our opening hours, please visit our Support page.

Any official notices, updates, or messages from us will be considered delivered once sent through these channels.

You are responsible for keeping your contact details with us accurate and up-to-date. We are not responsible for any missed communication caused by outdated or incorrect information.

All communication will be conducted in English or Swedish. We will use email as a general communication channel with you. When sending personal information to us, we recommend that you send the email in an encrypted format due to security reasons.

20. COMPLAINTS

We acknowledge that there may be instances where disagreements arise regarding the Services. Should you wish to submit a complaint, please read more here (FAQ: “How do I make a complaint?”).

21. PERMISSION FOR US TO PROCESS YOUR PERSONAL DATA

In order for us to provide the Services we need to collect information about you. For more information about how we use your personal data, see our Privacy Policy.

We will retain your personal data for the duration of providing the Services. Please note that some of your personal data will still be retained for a longer period due to legal reasons.

22. SECURITY SYSTEMS USED BY US

We protect your data, including crypto-assets, using robust security systems including industry-standard encryption for data storage and transmission. Access to sensitive information is restricted to authorized personnel and is protected by access controls. Additionally, all systems are monitored in real-time to detect and respond to potential security incidents swiftly. We also use advanced Information and Communications Technology (ICT) systems and skilled professionals to quickly and efficiently handle any operational issues or cybersecurity threats.

23. SECURITY ACTIONS TAKEN BY US

We have implemented policies and procedures to effectively manage and reduce risks when providing crypto-asset transfer services for our clients. Our goal is to deliver a secure, reliable, and robust service to our clients.

24. INTELLECTUAL PROPERTY

The trademarks, service marks, copyright, intellectual property rights and logos accessible to you whilst using the Services (“Trademarks”) are the property of us. The software, text, images, graphics, data, prices, trades, charts, graphs, video, and audio used belongs to us. The Trademarks and materials should not, under any circumstances, be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any such materials for any other purpose than using the Services is strictly prohibited; any such unauthorized use may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

25. RISKS

The trading of goods and products, real or virtual, as well as virtual currencies involves significant risk. Currency prices can and do fluctuate on any given day and historical increases in value and returns cannot be used as future indicators of developments. Due to such price fluctuations, the value of your assets may increase or decrease at any given moment. You must therefore consider if our Service is suitable for you in light of your financial circumstances and appetite towards risk.

Virtual currencies may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling, paying with or trading anything on a market. Also, online trading platforms themselves may be vulnerable from both a security and technical perspective, for example risk of hacking, which could lead to transactions not being executed and, in the worst case, assets being lost or stolen.

It is also important to remember that, in the event of loss, virtual currencies are neither protected by the governmental investor protection schemes nor deposit guarantee schemes.

26. NO RIGHT TO WITHDRAWAL

Please be aware that the provisions regarding the right to withdrawal of financial services are not applicable on the Services due to fluctuations in the currency market which we cannot influence.

27. MISCELLANEOUS

• This agreement is only between you and us. You cannot transfer any rights or obligations under this agreement to any third party without our prior written consent. You however permit us to transfer or assign all of our rights and obligations under these Terms to any third party.

• QB reserves the right to amend, modify or update these Terms at its sole discretion without prior notice to you. Any such changes shall take effect immediately upon publication on QB’s website or other designated platform. By continuing to use the Services after the new amendments have been made, you are deemed to have accepted the revised Terms.

28. GOVERNING LAW, DISPUTE RESOLUTION AND CONSUMER RIGHTS

Swedish laws govern this agreement unless the law in the country that you reside in has stricter rules.

Any disputes that may arise under these Terms shall be resolved in the courts of the EEA country in which you reside.