Terms and Conditions

These terms of service outline the rules and regulations for the use by Keytom and its affiliates Companies when you, a legal person, use the keytom.com website (the “Website”) and Services. The Website is the exclusive property of Keytom Global Holding Limited, a company duly registered in DIFC with its registered office located at Dubai International Financial Centre, Burj Daman, Level 5, Unit no. C502H, Dubai, UAE, reg. nr. 7849. 

These terms and conditions for Business User (the “Terms and Conditions” or “Agreement”) set out the terms on which the Services (as defined in Clause 3 hereof), including the provision of an electronic money account for our business or sole trader clients and associated payment services, are provided to you (the “Client”) by Keytom Global Holding Limited, Keytom Services Ltd, and Keytome Solution s.r.o., collectively referred to as the “Companies”, the “Keytom”, “us”, “we”. 

By applying for and using the Services, you confirm agreement with these Terms and Conditions, and therefore you agree to comply with same accordingly. If you do not agree with these Terms and Conditions, you must not use our website or Services.

THE PARTIES AGREE AS FOLLOWS:

1. Definitions

In this Agreement:

Account - The electronic money account, provided in accordance with these Terms and Conditions.

Account Information Service Provider – means a third-party payment service provider who is authorised by or registered with an European regulator to provide online account information services, who, with your permission will be able to access certain online account information on one or more payment accounts held by you to give you a consolidated view of your payment accounts.

Account Limits – any limit that applies in relation to your Account, such as account maximum balance, and limits on receiving and sending payments from your Account as referred in Clause 2 of Terms and Conditions for Accounts.

Account Manager - The individuals elected by the Account Owner to be responsible for the management of the Account, also known as an “Authorised User”.

Account Owner – The entity legally responsible for an Account.

Agreement - The agreement for your Account made up of these Terms and Conditions.

AML Policy - Keytom’s written policy on anti-money laundering and counter terrorist financing as may be amended from time to time by Keytom.

Applicant – A customer who applies for the Services but is yet to be accepted by Keytom as a Client.

Available Balance - The value of funds available on your Account.

Business Days - Monday to Friday between the hours of 9am-5pm Central European Time (CET) but does not include bank holidays, or public holidays in Czech Republic.

Charges – means the charges payable by you for the Services.

Client – Any client which has been accepted by Keytom and whose account is operated by Keytom based on instructions received from the Client on Keytom’s Platform.

Confidential Information - any information (whether or not recorded in documentary form, or stored on any magnetic or optical disk or memory) relating to: the business, products, affairs, strategy, contracts, customer relationships, commercial pipelines, business contacts, prospective customers, existing customers, business models, customer pricing, management systems, business methods, corporate plans, maturing new business opportunities, research and development projects, marketing and sales information, sales targets and statistics, discount structures, suppliers and potential suppliers, source codes, computer programs inventions, know-how, technical specifications and other technical information relating to products and services.

Customer Services - The contact centre for dealing with queries about your Account.

Data Protection Laws – means all laws relating to the processing of Personal Data, privacy and security, including, without limitation, the EU Data Protection Directive 95/46/EC (as may be amended from time to time), the General Data Protection Regulations (EU) 2016/679 (“GDPR’’), together with equivalent legislation of any other applicable jurisdiction, delegated legislation of other national data protection legislation, and all other applicable law, regulations and approved codes of conduct, certifications, seals or marks in any relevant jurisdiction relating to the processing of personal data including the opinions, guidance, advice, directions, orders and codes of practice issued or approved by a supervisory authority or the Article 29 Working Party or the European Data Protection Board.

Due Diligence Procedure - Procedures for carrying out due diligence on Clients to comply with its policies and regulatory obligations.

Inbound Payment – an inbound payment (in such currencies as may be supported by Keytom from time to time) made via SWIFT, or any other service provider which may be used from time to time.

Information – Means any information related to the organisation, and any personal information related to Account Manager.

Intellectual Property Rights – means without limitation all patents (including models and inventions), trademarks, service marks, trade names, internet designations including domain names, business names, copyrights, design rights, database rights, rights to or in computer software, know-how, trade secrets, rights to or in confidential information and all other intellectual property rights and rights or forms of protection of a similar nature or effect which may subsist anywhere in the world whether or not registered or capable of registration, together with all applications for registration of, and any licence to use, any of the foregoing and "Intellectual Property" shall be construed accordingly;

Online Portal – means the interface provided by Keytom for the Client to access via the public internet, subject to applicability based on the Client’s relationship with Keytom and can be used for the management of accounts.

Outbound Payment – an outbound payment (in such currencies as may be supported by Keytom from time to time) made via SWIFT, or any other service provider which may be used from time to time.

Payments – means, together, Inbound Payments and Outbound Payments (and Payment shall be construed accordingly).

Platform – means Keytom’s platform.

Payment Initiation Service Provider – means a third-party payment service provider authorised by or registered with an European regulator to provide an online service to initiate a Transaction at your request on your Account.

SEPA – the Single Euro Payments Area is the area where citizens, companies and other economic actors can make and receive payments in euro, within Europe, whether within or across national boundaries under the same basic conditions, rights and obligations, regardless of their location. SEPA is driven by the European Commission and the European Central Bank, amongst others, as a key component of the EU Internal Market. SEPA shall be deemed to encompass the countries and territories which are part of the geographical scope of the SEPA Schemes, as listed in the EPC List of SEPA Scheme Countries, as amended from time to time.

SEPA Credit Transfer - a service allowing you to make and receive non urgent EUR electronic payments within SEPA provided that the receiving organisation or bank is part of the scheme.

SEPA Instant Credit Transfer - a service allowing you to make and receive near real time EUR electronic payments within SEPA provided that the receiving organisation or bank is part of the scheme.

SEPA Transfers – means, together, SEPA Credit Transfer and SEPA Instant Credit Transfer.

Services – those products, including but not limited to the Account described by Keytom in the application process.

SWIFT – the global member-owned financial telecommunications system used to facilitate the secure transfer of messages, including payment instructions, between financial institutions.

Transaction – any  adjustment to an Account that affects the balance of monies held in it.

TPP (Third Party Provider) – means an Account Information Service Provider or a Payment Initiation Service Provider.

Website – means the customer portal that Clients can login into in order to use the Services.

you, your - The Account Owner, also referred to as a Client.

2. Information

2.1. Keytome Keytom Services Ltd shall  referrer to a company incorporated and registered in the Province of British Columbia, Canada under company registration number BC1291639, the registered office of which is at 346 LAWRENCE AVE #202, OFFICE I, KELOWNA, BC, CANADA V1Y6L4. 

2.2. Keytom Solution s.r.o. shall refer to a company incorporated and registered in the Czech Republic, under company registration number C398668, the registered office of which is at Frydlantská Str., 1312/19, Kobylisy, 182 00, Prague 8.Services.

2.3. Keytom Global Holding Limited maintains the Website, among other things, as a portal for information, news and updates about the non-fungible tokens.

3. Interpretation

3.1. In these Terms and Conditions: (a) a reference to a clause is a reference to a clause in these Terms and Conditions; (b) headings are for reference only and shall not affect the interpretation of these Terms and Conditions; (c) the singular shall include the plural and vice versa; (d) a reference to a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal representatives, successors and permitted assigns; (e) a reference to a party shall include its personal representatives, successors and permitted assigns; (f) reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

4. Services

4.1. Keytom will make available to the Client such services as described by Keytom in the application process or on the Website https://keytom.io/.

4.2. The Client agrees that Keytom can provide all such information to any payments, or other service providers, who will check and verify the identity of the Client, its directors, beneficial owners and Authorised Users as required by law.

4.3. The Client acknowledges that a search on the available public registers may take place for anti-money laundering purposes on the individuals listed in clause 4.2 above.

4.4. The Client acknowledges that the individuals noted in clause 4.2 above may have their personal details accessed by third parties for the specific purpose of anti-money laundering and countering the financing of terrorism (AML/CFT), identity verification and fraud prevention.

4.5. The Account is provided by Keytom in accordance with these Terms and Conditions. The Services provided to the Client under these Terms and Conditions are for the sole use by the Client.

4.6. The Client can use the Account to make Transactions on the terms and conditions set out in these Terms and Conditions. A record of all Transactions relating to the Account can be viewed on the Website or accessed via Keytom’s platform.

4.7. The Client shall promptly notify Customer Services as soon as it becomes aware login and security information enabling access to its Services have been lost, stolen or compromised.

4.8. From time to time, additional checks may be carried out on the Client, including the identity of its directors, beneficial owners and the nature of its business in accordance with its Due Diligence Procedure and as required by law. The Client may be contacted for such purposes. The Client agrees to provide such information as necessary.

4.9. The Client shall comply with all legislation and regulation as it applies to the Client. Any failure to comply with relevant legislation or regulation shall be considered a material breach of the Agreement and may result in Keytom discontinuing the provision of the Services as set out in clause 7.

4.10. The Client shall implement as appropriate Keytom’s reasonable security recommendations it notifies to the Client from time to time.

5. Authorised Users

5.1. Access to the Services is restricted to individuals that have been designated by the Client as Authorised Users.

5.2. The Client must notify Keytom of all individuals it wishes to be an Authorised User.

5.3. Each Authorised User is permitted to access and use the Services in accordance with these Terms and Conditions.

5.4. The Client will be responsible for training its Authorised Users in the appropriate use of the Services.

5.5. The Client shall ensure its Authorised Users;

5.5.1. take all reasonable care to ensure access credentials, including login details to the Website, where applicable, are kept confidential to each Authorised User; and

5.5.2. do not share any information that would enable another party to access the Client’s Account.

5.6. The Client acknowledges and agrees that each Authorised User is authorised by the Client to act on its behalf. Keytom shall deem any instruction given by an Authorised User is an instruction given by the Client.

5.7. The Client will be responsible for timely notification to Keytom of any revocation of Authorised User access and will be liable for Transactions made, Fees incurred and use of the Services by an Authorised User until Keytom has had two (2) full Business Days to act on any received notice. This clause shall not apply to Clients accessing the Services via Keytom’s Platform.

6. Customer Services

6.1. The Client can contact Customer Services if it has any queries about the Services. Information which may be requested from the Client, includes but is not limited to, its Authorised Users, or Transaction information so that it can verify the identity of an Authorised User, and/or the Services provided to such Client.

6.2. Any information shared by the Client will be kept strictly confidential. Where such information is provided in connection to a service provided by a third party, for example, the Account, then the Client’s information will only be used in accordance with instructions of such third party and only for the purpose of providing Customer Services to the Client on behalf of such third party.

6.3. As part of Keytom’s commitment to providing a quality customer service, its managers periodically monitor telephone communications between its employees and Clients to ensure that Keytom’s high quality service standards are maintained. The Client consents to such monitoring and recording of telephone communications and agrees to make its Authorised Users aware of such practice.

7. Term and Termination

7.1. These Terms and Conditions shall commence on the date the Client receives confirmation from Keytom of its successful application for the Services and shall continue until terminated by the Client or Keytom

7.2. The Client may terminate this Agreement immediately by notifying Customer Services in writing by post or email.

7.3. This Agreement may be terminated, and the Client’s Account(s) may be closed by providing the Client with at least one (1) months’ notice.

7.4. This Agreement may be suspended or terminated immediately if, for any reason, the Client (i) is unable to satisfy the Due Diligence Procedures, (ii) is in breach of this Agreement, (iii) has provided false, incomplete or misleading information, (iv) has engaged in fraudulent, money laundering, terrorism financing or other illegal activity or we have reasonable suspicions in respect of same or (v) we are required to do so under any applicable law or regulation or at the direction of any regulatory, law enforcement or other competent authority. Keytom shall notify you as soon as possible, unless prohibited by law, of such suspension or termination of the Agreement.

7.5. This Agreement will automatically terminate when all Accounts of the Client are closed (for any reason).

7.6. Keytom may terminate or suspend this Agreement in whole or in part immediately by giving written notice to the Client if:

7.6.1. Keytom loses the license required for providing the Services; or

7.6.2. Provision of the Services is hindered for reasons beyond the control of Keytom, such as, but not limited to, technical or other issues caused by a partner used in the provision of the Services.

7.7. On termination of this Agreement for any reason, any balance remaining in the Client’s Account(s) shall be returned to the Client in accordance with these Terms and Conditions. The Client shall pay immediately all outstanding Fees due (where applicable) under this Agreement and in the event of a negative balance in an Account, such amount equal to the negative balance shall be reimbursed.

8. Intellectual Property

8.1. The Client acknowledges that all Intellectual Property Rights related to the Services are owned by Keytom or by third parties. Keytom grants the Client a non-exclusive, royalty-free licence for the duration of this Agreement to access and use the Services only for the purpose contemplated by this Agreement.

8.2. Nothing in this Agreement shall operate to create or transfer any Intellectual Property Right to the Client.

9. Force Majeure

9.1. Keytom will not be liable for the non-performance or failure to provide any part of the Services occurring as a result of any events that are beyond the reasonable control of Keytom, for example, but not limited to, fire, telecommunications or internet failure, utility failure, power failure, equipment failure, employment strife, riot, war, terrorist attack, non-performance of third party suppliers, acts of God such as storm or lightening damage, or other causes over which Keytom has no reasonable control.

10. Assignment, Transfer and Subcontracting

10.1. The Services provided to the Client are personal to the Client. The Client cannot novate, assign or otherwise transfer this Agreement, any interest or right under this Agreement (in whole or in part) without the prior written consent of Keytom. This clause shall have proprietary effect.

10.2. The Client agrees that Keytom may, in its sole discretion, assign, or transfer some or all its rights and obligations or delegate any duty of performance set out in the documents forming this Agreement. Keytom may subcontract any of its obligations under this Agreement.

10.3. In the event of any transfer of this Agreement by Keytom to another service provider, Keytom will notify the Client no later than two (2) months before the proposed transfer. If the Client does not want to transfer to the new provider, the Client must notify Keytom of its objection in writing to Customer Services. On receipt of such notification, Keytom will terminate this Agreement. Any balance remaining in the Client’s Account(s) will be returned to the Client in accordance with the redemption procedure set out in these Terms and Conditions.

11. Liability

11.1. Nothing in this Agreement will operate to limit either party’s liability with respect to fraud or for death or personal injury resulting from negligence, in either case whether committed by that party or its employees, agents or subcontractors.

11.2. Keytom makes no warranty that access to and use of the Services will be uninterrupted or error free.

11.3. The Client acknowledges and agrees that Keytom is not liable to the Client for any loss, liability or damages the Client suffers which result from, are related to, or in any way are connected with any fraud control, restriction measures, or other measures implemented from time to time including as required for compliance with legal and regulatory requirements, unless such loss, liability or damage is a direct result of Keytom’s fraud, gross negligence or willful misconduct in procuring the implementation of fraud control or purchase restriction measures that Keytom has expressly agreed in writing to procure for the Client.

11.4. Keytom shall not be liable to the Client for any loss or damage the Client may suffer as a result of any act or omission of an Authorised User or an Authorised User’s use or inability to use of the Services.

11.5. The Client agrees to indemnify Keytom against any and all actions, claims, costs, damages, demands, expenses, liabilities, losses and proceedings Keytom directly or indirectly incurs, or which are brought against Keytom if the Client, or an Authorised User, has acted fraudulently, been negligent or has misused the Services provided under this Agreement.

11.6. Keytom shall not be responsible in any way for any interest or claims of any third parties in respect of the Services, except as required by law or regulation.

12. Reports

12.1. Certain management or other reporting or business administration functionality may be made available via the Website.

12.2. Keytom may from time to time amend, modify, replace or withdraw in whole or in part such reporting it provides without further notice.

13. Data Privacy

13.1. Keytom will collect and retain personal information about the Client and each Authorised User to enable Keytom to deliver the Services, other services linked to it and deal with any enquiries that the Client may have about it. Keytom is the data controller of the personal information gathered by Keytom for such purpose. If Keytom uses a third party to provide a part of the Services then that provider will be the owner and controller of the personal information they require to collect in order to operate the relevant service. The use of personal information by third- party service providers will be set out in their service terms and conditions of use. Keytom will, at such third-party provider’s direction, process personal data on its behalf, for example, to enable Keytom to provide Customer Services to the Client.

13.2. Keytom processes personal information in accordance with relevant laws on the protection of personal data.

13.3. If Keytom transfers the Client’s information to a third party in a country outside of the European Economic Area, Keytom will ensure that the third party agrees to apply the same levels of protection that Keytom is legally obliged to have in place when it processes personal data.

13.4. Further information about how Keytom uses personal information can be found in Keytom’s Privacy Policy, which can be accessed on: https://Keytom.io/privacy/

14. Changes to the Agreement

14.1. Keytom may amend or modify this Agreement by giving two (2) months’ notice to the Client unless Keytom is required to make such a change sooner by law. All proposed changes will be posted on the Website and communicated to the Client by such other means that Keytom agreed with the Client, for example by email or through Keytom’s Platform.

14.2. The Client has no obligation to accept such amendments proposed by Keytom.

14.3. The Client will be taken to have accepted any change to this Agreement that Keytom notifies to the Client unless the Client tells Keytom otherwise before the relevant change takes effect. In such circumstances, Keytom will treat notice of objection by the Client as notification that the Client wishes to terminate this Agreement and the use of the Services immediately. All Accounts of the Client will be closed and any balance remaining in the Client’s Account will be returned to the Client in accordance with the redemption procedure set out in these Terms and Conditions. In such circumstances, the Client will not be charged a fee for the Account closure and return of any balance.

15. General

15.1. In these Terms and Conditions, headings are for convenience only and shall not affect the interpretation of these Terms and Conditions.

15.2. Any delay or failure by Keytom to exercise any right or remedy under this Agreement shall not be interpreted as a waiver of that right or remedy or stop Keytom from exercising its rights at any subsequent time.

15.3. In the event that any part of this Agreement is held not to be enforceable, this shall not affect the remainder of the Agreement which shall remain in full force and effect.

15.4. The Client shall remain responsible for complying with this Agreement until its Account(s) are closed (for whatever reason) and all sums due under this Agreement have been paid in full.

15.5. This Agreement – and any contractual and non-contractual obligation pursuant hereto - is governed by the laws of Czech Republic and the Client agrees that any disputes hereunder (including non-contractual disputes) shall be under the exclusive jurisdiction of the competent Courts of Czech Republic.

15.6. These Terms and Conditions include ANNEX 1 - Terms and Conditions for Business Accounts and Services, which form an integral part of this Agreement and govern specific provisions related to business account operations.

ANNEX 1 - TERMS AND CONDITIONS FOR BUSINESS ACCOUNTS AND SERVICES

Please read these Terms and Conditions carefully before you agree to use an Account or any related services provided by or through us.  These Terms and Conditions, constitute the entire agreement between Keytom and you. By accepting the Keytom Terms and Conditions you accept the terms of the Agreement, or by agreeing to open an Account and/or using our services, you accept these Terms and Conditions. If there is anything you do not understand, please contact Customer Services.

1. ACCOUNT 

1.1. Limits may apply to the balance on your Account at any time, the maximum value of an individual payment Transaction, the maximum aggregate value of all payment Transactions made from your Account in a particular time period e.g. during any one Business Day and the maximum number of payment Transactions made from your Account over a particular timeframe. 

1.2. The limits and restrictions that apply to your Account will be communicated to you during the Account set-up process. These limits may also change over time based on your Account; any such change will be communicated to you. You can check the limits at any time by contacting Customer Services. You should not make a payment Transaction request which exceeds such.

1.4. To manage risks, particularly with respect to money laundering, fraud or security concerns, internal controls are applied, including limits, to certain types of payment. These are changed as necessary but for security purposes, are not disclosed.

2. SCOPE OF THESE TERMS AND CONDITIONS

2.1. Your Account is an electronic money account (and therefore is not a traditional bank account) and the electronic money associated with it is provided to you by Keytom. Your rights and obligations relating to the use of this Account are subject to these Terms and Conditions between you and us.

2.2. The types of Transactions enabled for your Account will be explained to you before or during the application process, or as subsequently enabled. The terms of these Keytom Terms and Conditions applicable to specific Transactions apply only to the extent that such Transactions or payment types are enabled for your Account.

2.3. This Agreement is written and available only in English and we undertake to communicate with you in English regarding any aspect of your Account.

2.4. You agree that we may communicate with you by e-mail or telephone for issuing any notices or information about your Account and therefore it is important that you ensure you keep your e-mail address and mobile phone number updated.

2.5. You can request a copy of these Terms and Conditions at any time by contacting Customer Services.

3. OPENING YOUR ACCOUNT

3.1. Your Account will be opened on your behalf by Keytom. You may only hold an Account so long as you remain an approved client of Keytom, that provided you with your account details.

4. USING THE ACCOUNT

4.1. Your Account can receive bank transfers and other payment types as added and notified to you from time to time. Subject to paragraph 5.3, your Account will be credited upon receipt of the funds which, could be up to three (3) Business Days after the payment being instructed, depending on how the payment was sent.

4.2. Your Account can also receive internal transfers from other Accounts issued by Keytom, which apply instantly.

4.3. An incoming payment will not be credited to your Account if:
4.3.1. the Account has reached the Account Maximum Balance or Account Limits; or
4.3.2. the Account is blocked or terminated; or
4.3.3. the sender has provided incorrect/invalid Account Details for your Account; or
4.3.4. the payment is suspected to be fraudulent.

4.4. If your Account cannot be credited for any of the reasons in paragraph 5.3 then the funds may be sent back to the sender without a prior notification to you.

4.5. Your Account will be configured and operated by Keytom. If you disagree with any actions taken by Keytom these should be discussed with us. We are also authorised to take instructions from any other Account Manager and, with respect to Transactions. You are responsible for all actions of the Account Manager in relation to the Account.

4.6. Your Account can make payments out to external bank accounts via SEPA Transfer, Payments (if selected and available) and other methods as added and notified to you from time to time. Regarding SEPA Transfers, these will be automatically processed as inbound and outbound SEPA payments via SEPA Instant Credit Transfers where possible. In the event that such payments cannot be processed via SEPA Instant Credit Transfers, the payments will default to being made via SEPA Credit Transfers.  

4.7. A Transaction is deemed to be authorised by you when you or your Account:
4.7.1. enters the security information on the Online Portal to confirm a Transaction is authorised, or when it is instructed via API with the relevant security credentials;
4.8. The Available Balance on your Account will not earn any interest.

4.9. You can check the balance and Transaction history of your Account at any time by contacting Customer Services, or the Online Portal if you have relevant access details.

4.10. You will have access to your Account statement at any time setting out the information relating to individual payment Transactions. Statements including monthly ones can be downloaded from your Account.

5. CRYPTOCURRENCY EXCHANGE SERVICES

5.1. Cryptocurrency Exchange Services mean Services provided by Keytom that allow Clients to:

• Exchange fiat currency (e.g., EUR, USD) to Cryptocurrency.
• Exchange Cryptocurrency to fiat currency.
• Exchange between Cryptocurrency pairs.
• Withdraw or top up Cryptocurrency balances.

These services may also include withdrawals, top-ups, and transfers, subject to applicable fees and operational limits.

5.2. Keytom provides cryptocurrency exchange services only to verified Clients who have successfully completed all KYC/AML verification procedures.

5.3. Fees for cryptocurrency operations (e.g., withdrawals, top-ups, exchanges) are displayed to the Client before confirming a transaction. Additional blockchain network fees (gas fees) may apply for transactions, which are outside Keytom’s control. All cryptocurrency transactions are irreversible once confirmed on the blockchain. Clients must verify all transaction details, including wallet addresses, before submission.

5.4. The Client acknowledges that cryptocurrencies are highly volatile assets, and their value may fluctuate significantly. Keytom shall not be liable for any losses resulting from price changes. Cryptocurrency transactions rely on blockchain networks. While Keytom implements advanced security measures, external risks such as cyberattacks, theft, or loss of private keys remain inherent to cryptocurrency operations. Cryptocurrency operations may be subject to regulations that vary across jurisdictions. The Client is responsible for ensuring compliance with local laws. Keytom reserves the right to modify or suspend cryptocurrency exchange services to comply with applicable regulations.

5.5.1 The Client agrees not to use cryptocurrency exchange services for any illegal or unauthorized purposes, including but not limited to:

• Money laundering or terrorism financing.
• Fraudulent or unauthorized transactions.
• Activities prohibited by applicable laws or regulations.

5.5.2 Keytom reserves the right to:

• Freeze or suspend cryptocurrency operations if suspicious or unauthorized activities are detected.
• Report such activities to relevant regulatory or legal authorities as required by law.

5.6. While Keytom strives to provide uninterrupted cryptocurrency exchange services, the Client acknowledges that technical issues, regulatory changes, or disruptions in blockchain networks may impact availability. Keytom is not liable for delays, failed transactions, or increased fees caused by blockchain congestion, network forks, or protocol changes.

The Client is fully responsible for ensuring the accuracy of transaction details (e.g., wallet addresses, amounts) and understanding the risks associated with cryptocurrency operations.

6. THIRD PARTY ACCESS

6.1. You can instruct a TPP to access information on your Account or initiate certain Transactions from your Account provided such TPP has identified itself and it has acted in accordance with the relevant regulatory requirements. We will treat any instruction from an TPP as if it was from you or an Account Manager.

6.2. A TPP may be denied access to your Account if there is any concern about unauthorised or fraudulent access by that TPP and setting out the reason for such denial. Before doing so, you will be informed that access will be denied and the reasons for doing so, unless it is not reasonably practicable, in which case you will be informed immediately afterwards. In either case, you will be informed accordingly. You will not be informed in case security measures would be compromised or would otherwise be unlawful.

6.3. If you have provided consent to a TPP to access the data in your Account to enable them to provide account information services to you or initiate Transactions on your behalf, you consent to sharing your information with the TPP as is reasonably required for them to provide their services to you. Notification of withdrawal of permission should be made including informing the TPP. On notification, such TPP will not be provided access to your Account or the data in it.

7. CLOSING YOUR ACCOUNT

7.1. You may close your Account by contacting Customer Services. Please refer to the relevant terms relating to maintenance of your Account.

7.2. On termination of the Agreement for any reason, these Terms and Conditions will automatically terminate, and your Account will be closed.

7.3. Any Available Balance remaining on the Account after Account closure will be transferred to your nominated bank account via SEPA Transfer. If for any reason this is not possible, such Available Balance will remain yours and you may at any time request a refund by contacting Customer Services. You will not have any access to your Account from the date of Account closure and this Agreement will terminate.

8. YOUR LIABILITY AND AUTHORISATIONS

8.1. You are responsible for understanding and complying with the Agreement including these Terms and Conditions.

8.2. At any time, you may be suspended, restricted or refused to authorise any use of your Account or refuse to process your instructions or authorise any particular Transaction where:
8.2.1. there is concern about the security of or access to your Account;
8.2.2. there is knowledge or suspicion that that your Account is being used in an unauthorised or fraudulent manner;
8.2.3. there is a need to comply with the law or otherwise for regulatory or crime prevention purposes;
8.2.4. the Transaction would breach the limits applicable to your Account;
8.2.5. you, the Account Manager breach an important part of these Terms and Conditions, or repeatedly breach any term in this Agreement and fail to resolve the matter in a timely manner.

8.3. In case of cancellation, suspension or restriction on your Account, or otherwise refuse to execute a payment order to or to initiate a Transaction, a notification will be made, without undue delay and provided we are legally permitted to do so, notify you of the refusal, suspension or cancellation (as applicable). If possible, reasons for the refusal to execute the Transaction and/or suspending the use of your Account, will be provided, and where those reasons relate to factual matters, the procedure of rectifying any factual errors that led to the refusal.

8.4. You, the Account Manager must not:
8.4.1. allow another person to use security information related to the Account, and/or app/device you use to make Transactions, write down password(s) or any security information unless this is done in a way that would make it impossible for anyone else to recognise any of that information, or
8.4.2. disclose passwords or any security information, or otherwise make them available to any other person, whether verbally or by entering them in a way that allows them to be observed by others.

8.5. You must take all reasonable steps to keep your Account and password(s) and any other security-related details safe, including the security-related details relating to any app and/or devices on, at all times. If you visit a website or receive a message that asks for your password, other than the Keytom website, this should be reported to us. If you are in doubt whether a website is genuine, you should contact Customer Services. If you have any indication that your change your password and notify us as soon as possible.

8.6. In the event that a Transaction was not authorized by you then please contact Customer Support as soon as possible. Customer Support will require all transaction details that are available.

8.7. You will bear all losses and liability for:
8.7.1. all Transactions that take place as a result of you or the Account Manager acting fraudulently or failing to comply with these Terms and Conditions with intent or gross negligence. Any such Transactions and any fees and charges relating to such Transactions will be deducted from the Available Balance on your Account.
8.7.2. all Transactions that the Account Manager makes on your behalf as per this Agreement, along with those made by a TPP authorised by you to initiate a Transaction.
8.7.3. all unauthorised Transactions that arise from the use of lost or stolen Account or security information such as but not limited to the Online Portal log in details, API security details, if you, the Account Manager fail to keep the security features of the Account and/or app/device.

8.8. It is your responsibility to keep us updated of changes to your Information, including e-mail address and mobile numbers. Failure to do so may result in being unable to contact you regarding your Account or to let you know about changes to these Terms and Conditions.

8.9. You agree to indemnify and hold harmless, us, and our distributors, partners, agents, sponsors, and service providers and their group companies from and against the costs of any legal action taken to enforce this Agreement, including these Terms and Conditions and/or any breach of these Terms and Conditions by you.

9. FEES AND CHANGES

9.1. The fees outlined for our Services, including but not limited to one-time fees, monthly fees, transfers, currency exchange, and cryptocurrency operations, as displayed on our website or any related documentation, are subject to change. 

9.2. The Client acknowledges and agrees that the applicable and current fees are those displayed on the Client’s screen during the registration process or when initiating a Transaction. It is the Client’s responsibility to review and confirm these fees before completing any transaction. Keytom reserves the right to modify, update, or adjust fees at its sole discretion with prior notice in accordance with applicable laws and regulations.

10. VARIATION

10.1. We may change these Terms and Conditions by providing you with at least two (2) months’ prior notice by e-mail (provided you have supplied us with an up-to-date e-mail address).

10.2. If you do not agree with the changes to the Terms and Conditions, you may at any time within the two (2) months’ notice period notify us and these Terms and Conditions will be terminated and your Account closed free of charge. If you do not notify us to the contrary during this period then you will be deemed to have accepted the change and it will apply to you when it comes into force.

10.3. If any part of these Terms and Conditions are inconsistent with any legal requirements, then we will not rely on that part but treat it as if it did actually reflect the relevant legal requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonably practical.

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11. TERMINATION OR SUSPENSION

11.1. Your Account may be terminated at any time by giving you one (1) months’ notice and transfer any Available Balance at the time to your nominated bank account without a charge, or

11.2. Suspension or termination of your Account at any time with immediate effect (and until your default has been remedied or the Agreement terminated) without any prior notice to you if:
11.2.1. we discover any of the Information that we hold for you is false, misleading or materially incorrect; or
11.2.2. if you, the Account Manager or a third party has engaged in fraudulent activity, money laundering, terrorism, terrorism financing or other illegal activity in connection with your Account or we have reasonable suspicions in respect of same; or
11.2.3. if you have reached your Account Limit; or
11.2.4. you or the Account Manager have breached these Terms and Conditions; or
11.2.5. we are required to do so under any applicable law or regulation or at the direction of any regulatory, law enforcement or other competent authority.

11.3. In the event that we do suspend or terminate your Account then if we are able to do so, we will tell you in advance otherwise we will let you know immediately afterwards (to the extent we are permitted by law).

12. OUR LIABILITY

12.1. Our liability in connection with this these Terms and Conditions (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
12.1.1. We shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds;
12.1.2. We shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
12.1.3. where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount to that which was incorrectly deducted from your Available Balance;
12.1.4. in all other circumstances of our default, our liability will be limited to transferring any Available Balance to your nominated bank account.

12.2. In circumstances where sums are incorrectly deducted from your Available Balance due to our fault, if we require your support to enable us to recover the incorrect deduction, you agree to provide us with all assistance that we reasonably require.

12.3. Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.

12.4. To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.

12.5. The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with these Terms and Conditions.

13. YOUR INFORMATION

13.1. Some personal data will be necessary for us to provide you with the Services under this Agreement. Keytom is a Data Controller and shall only use your personal data for this purpose. Please see the Privacy Policy (please contact Customer Services for details of where to access this) for full details on the personal data that we hold, how we will use it and how we will keep it safe. Keytom will at all times comply with Data Protection Laws.

13.2. Details of individual transactions will be retained for five (5) years from the date on which the particular transaction was completed. All other records will be retained for five (5) years from which we have ceased to provide you with any product or service.

13.3. You must update any changes to your Information by contacting Customer Services.

13.4. If we discover that the Information we hold about you is incorrect, your Account may be suspended or cancelled Account until the correct Information is established.

13.5. If you or the Account Manager allow or give consent to an Authorised Third Party Provider to access your Account to provide their services, you should know that we have no control over how an Authorised Third Party Provider will use your information nor will we be liable for any loss of information after an Authorised Third Party Provider have access to your information.

14. COMMUNICATION

14.1. We may contact you by e-mail, text message or post unless provided otherwise under the Agreement. You must maintain a valid e-mail address, a valid mobile telephone number and a valid address registered with us and must notify us of any changes in your registered details without delay. You agree to check for incoming messages regularly.

14.2. Any e-mail will be deemed received as soon as it is sent unless within twenty-four (24) hours the sender receives a failure notice indicating that the email has not been transmitted. Any e-mail will be deemed received by the recipient on the day it is received in his e-mail inbox if received before 4.30 pm on a Business Day. If received at any other time, it will be deemed received on the next Business Day.

14.3. Any communication or notice sent by post will be deemed received three (3) days from the date of posting for Maltese post or within five (5) days of posting for international post. Any communication or notice sent by text message will be deemed received the same day.

15. COMPLAINTS PROCEDURE

15.1. Complaints regarding any element of the service provided by us can be sent to Customer Services.

15.2. All complaints will be subject to our complaints procedure. We will provide you with a copy of our complaints procedure upon request and, if we receive a complaint from you, a copy of our complaints procedure will automatically be posted or emailed to you.

15.3. In most cases we will provide a full response by email to your complaint within fifteen (15) Business Days after the date we receive your complaint. In exceptional circumstances where we are unable to respond in full to your complaint, we will inform you of this giving our reasons for the delay and the timeframe within which you will receive a full reply, which in any event shall be within thirty-five days of the date we received your complaint.

15.4. If we fail to resolve your complaint to your satisfaction any disputes must be submitted to the exclusive jurisdiction of the competent courts in Helsinki, Finland except for as subject to your local statutory rights.

16. GENERAL

16.1. Any delay or failure to exercise any right or remedy under these Terms and Conditions by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.

16.2. If any provision of these Terms and Conditions is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.

16.3. You may not assign or transfer any of your rights and/or benefits under these Terms and Conditions and you shall be the sole party to the contract between us. You will remain liable until the Account issued to you is terminated. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under these Terms and Conditions.

16.4. No third party who is not a party to these Terms and Conditions has a right to enforce any of the provisions in these Terms and Conditions.

16.5. You can obtain a copy of this Agreement at any time by contacting Customer Services.

16.6. This Account is not covered by a compensation scheme.

17. CONTACTING CUSTOMER SERVICES

17.1. If you have any questions or requests please do not hesitate to contact Customer Services on Customer Support: support@keytom.io