Fusion Capital

These terms

Last updated: November 16, 2023

  1. These are the terms and conditions pursuant to which we provide our service to you, whereby we allow you to make and accept payments using virtual currencies as well as exchange Fiat currency to virtual currencies.
  2. UAB Fusion Capital Limited provides a solution allowing merchants to accept cryptocurrency payments with an option to receive payments for products or services in virtual currencies. This is decided by the merchant within their own account settings. Account verification for usage of the services is mandatory.
  3. Please review these terms carefully and ensure that you understand them before you use our Service. If you do not agree with these terms, you may not use our Service.
  4. These terms constitute the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
  5. When we use the words “writing” or “written” in this Agreement, this includes emails.

Information about us and how to contact us

  1. We are UAB Fusion Capital Limited (Fusion Capital, we, us) a company registered in Lithuania. Our company registration number is 305892385 and our registered office is Lvovo 25 – 104, LT-09320 Vilnius, Lithuania. Fusion Capital belongs to a group of companies which includes Bourse Securities LTD, company registered under the laws of United Kingdom of Great Britain and Wales, registration number 13044424 and Fusion Capital Limited Limited company registered under the laws of United Kingdom of Great Britain and Wales, registration No. 13048471 (Group)
  2. You can contact us by writing to us at info@fusioncapital.io. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you have provided to us when signing up to use our Service.

Eligibility criteria

  1. By signing up to use our Service you warrant that you have read and accepted these terms and our Privacy Policy
  2. You must at no time use our Service for any transaction which is illegal or contrary to any law or regulation in force in Lithuania, EU and / or UK or in any jurisdiction in which you are resident at the time when the transaction is entered into.
  3. Your use of our Service is subject to international export controls and economic sanction requirements. By using our Service, you agree that you will comply with any such requirements.
  4. In order to register with us, you must provide us with various personal information (as detailed in our Privacy Policy and sign-up page) and any information we request for the purposes of identity verification in order to perform Anti-Money Laundering checks. We may decide to verify your identity and/or the identity of your legal entity at any time using third-party verification providers. 
  5. This contract will come into force on the date on which we confirm to you via email that your application to use our Service has been approved. The contract will continue unless terminated in accordance with these terms.
  6.  

Risk statement and financial advice

You should carefully consider whether trading cryptocurrencies is suitable for your business prior to using our Service. There is no guarantee that you will be able to sell cryptocurrency to any third party at a later time. By using our service, you warrant that you are familiar with the nature and workings of cryptocurrency and the irreversibly of transactions and risks associated. For the avoidance of doubt, we do not provide any financial or investment advice in connection with the Service contemplated by these terms. Although we may provide information on the price, range, and volatility of certain cryptocurrencies, this is not considered investment or financial advice. Any decision to obtain exposure to cryptocurrencies offered as part of our Service is your decision and we will not be liable for any loss suffered. Please contact an independent financial advisor if you require advice on your exposure when using our Service.

Our service

  1. Fusion Capital offers a solution to businesses enabling them to receive and make payment for products in cryptocurrency. Our Service is only available to businesses that sell a product or service. By using our Service, you authorize us to act as your agent so we may receive, hold and disburse funds or cryptocurrencies on your behalf and to take any and all actions that we think are necessary to provide the Service and to comply with applicable law.
  2. You agree and acknowledge that we own all rights, title and interest to and in the Service, the associated software, technology tools and content, the Fusion Capital website, the content displayed on the website, and other materials produced by and related to Fusion Capital (collectively, the Fusion Capital IP). You are only permitted to use the Service and the Fusion Capital IP to accept and receive and make payments as permitted by these terms. When you accept these terms, we grant you a non-exclusive, revocable, and non-transferable license to use the Fusion Capital IP, without the right to sub-license. You shall not sub-license, distribute, transfer, copy, reproduce, download, display, modify or timeshare the Fusion Capital IP or any portion thereof, or use the Fusion Capital IP for commercial sale, sub-license, access or distribution. You shall not prepare any derivative work based on the Fusion Capital IP, nor shall you translate, reverse engineer, decompile or disassemble the Fusion Capital IP.
  3. You may not use Services to send requests to receive any cryptocurrencies which are not expressly supported by Fusion Capital. The cryptocurrencies which we support are Bitcoin and any other cryptocurrencies which we may notify you of from time to time (Cryptocurrency)
  4. There is a minimum of EUR 100 per Cryptocurrency transaction on our platform.
  5. We will allow you as business to offer your clients a Cryptocurrency payment method for their products or services, enabling your clients to allow their customers to pay for products or services in Cryptocurrency. We will provide our Service to you by 
  6. Once your clients choose to pay in Cryptocurrency, we will display a quote for the exchange of fiat currency into Cryptocurrency at the payment stage of the transaction which will be valid for 15 minutes. The ‘exchange rate’ will be as quoted to you via from time to time and may be subject to fast change. Once a transaction has been locked in, we will receive a notification to commit to the quoted exchange rate which will be recorded. This rate will be the finalized amount that will be traded. On receiving the quoted amount of Cryptocurrency into our wallet, we will immediately sell the Cryptocurrency for the exchange rate quoted. Any fiat currency then due to you (less any fees for our Service) will be paid to you within 5 business days. We will notify you about any changes to our fees for our Service by updating the fees schedule on the Fusion Capital website.
  7. If we do not receive Cryptocurrency, we will not progress the trade. In the event of a dispute as to whether the Cryptocurrency has been sent to the correct address, we will independently engage a third-party provider who will derive data from a public database containing all Cryptocurrency transactions to determine the issue.
  8. In the event that your client requests a refund, it is your sole responsibility to manage such a request.
  9. We reserve the right to refuse to accept any order by you at our sole discretion. We may refuse to cancel, process, or swap any transaction or pending transaction as required by any applicable law or in response to a requirement or request or a regulator or any court of competent jurisdiction.
  10. We are unable to reverse a Cryptocurrency transaction once it has been completed. You acknowledge that all executed transactions may not be canceled, and you may not change or reverse any transaction.
  11. You are solely responsible for paying any taxes which you might owe as a result of using our Services.
  12. We will always endeavor to process any transaction as soon as we can, however, there may be delays in our Service. If our Service is delayed by an event outside our control, then we will update you as soon as possible via the Fusion Capital website and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract.
  13. The Service is provided without warranty of any kind, either express or implied to the extent permissible under law. We do not represent that the Service will be available 100% of the time to meet your needs. Our usual service and support hours are 8.00 am to 18.00pm from Monday to Friday in Lithuania where you can talk to a member of the team, we may at our sole discretion arrange to provide the Service outside of these hours if requested. We will strive to provide you with the Service as soon as possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions, or loss of transmitted information.
  14. We do not guarantee that our Service or website will be timely, reliable, error-free, or free of any virus, worm, Trojan horse, or other harmful components. Our Service may be discontinued due to downtime and scheduled maintenances, power outages, or equipment failure including the failure of third-party systems which we use to perform our Service. We shall have no liability for any loss or damage caused by any virus or other harmful materials that infect your computer equipment, computer programs, data, or other proprietary materials due to your use of the Fusion Capital website.
  15. We reserve the right in our sole discretion to make changes, updates, and modifications to the API/GUI at any time for any reason. You shall be responsible for reviewing and becoming familiar with any such changes and modifications.

Warranties and obligations

  1. By using our service, you warrant that:
    1. you have full legal capacity to enter into this agreement.
    2. you are authorised to transact on behalf of your legal entity.
    3. you understand the risks associated with exchanging Cryptocurrency; and
    4. your clients and their consumers are provided with accurate information in relation to the Service.
  2. By using the Service, you agree you will not:
    1. hack, crack, copy, modify, reverse engineer or create derivative works of the API/GUI or any part of it.
    2. gain unauthorised access to any part of our Services.
    3. disclose your login credentials to any third party.
    4. use identical login credentials as used on other platforms.
    5. remove copyright, trademark or any other notices from our IP.
    6. create software which replicates the data or functionality of our software.
    7. make any part of this website available to a third party.
    8. use our Services for any illegal or immoral purpose.
    9. use our Services in such a way as to adversely affect the Services, but not limited to, spamming, marketing, excessive use and denial of service attacks or uploading any material that contains a virus or other malicious code or which may cause the API/GUI or system to be interrupted, damaged or impaired in anyway.
    10. 6.2.10.use or permit the use of any automated software program to access the service or to search, monitor or obtain links to any part of the system except where this is necessary in connection with the permitted purpose and has been agreed in advance with us in writing.
    11. 6.2.11.use or permit the use software in any way which may infringe Fusion Capital’ s intellectual property rights or those of a third party or for any fraudulent or otherwise unlawful purpose.
    12. 6.2.12.attempt to rectify or permit any person (not authorised by us) to rectify any fault or inaccuracy software.

Indemnities

  1. You shall indemnify us/Group against all liabilities, costs, expenses, damages, and losses (including but not limited to any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties, and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with:
      1. any breach of the warranties contained in clause 6.
      2. your breach or negligent performance or non-performance of this Agreement.
      3. the enforcement of this Agreement.
      4. any claim made against us by a third party arising out of or in connection with the provision of the Service to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of this Agreement by you, your employees, agents or subcontractors; and
      5. any other claim made against us by a third party arising out of or in connection with the provision of the Service to the extent that such claim arises out of your failure or your clients’ failure to (i) use the API/GUI in accordance with these terms and our instructions and/or (ii) provide consumers with accurate information in relation to the Service.
    2. This indemnity shall apply whether or not we have been negligent or at fault.
    3. If a payment due from you under this clause is subject to tax (whether by way of direct assessment or withholding at its source), we shall be entitled to receive from you such amounts as shall ensure that the net receipt, after-tax, to us in respect of the payment is the same as it would have been where the payment not subject to tax.
    4. Nothing in this clause shall restrict or limit our general obligation at law to mitigate any loss it may suffer or incur as a result of an event that may give rise to a claim under this indemnity.

Complaints and ending our contract

  1. This Agreement has no fixed or minimum duration and can be ended by you or us. We may terminate this agreement at any time by giving you 30 days’ notice. You may terminate this Agreement immediately at any time by giving 30 days’ clear notice by writing to us. We may terminate this agreement and close your account immediately if you are in breach of this agreement, if we reasonably suspect criminal or fraudulent activity or if we would break the law by continuing this agreement. On termination of this agreement, any Cryptocurrency already exchanged into fiat currency and due to you in accordance with the terms of this agreement will be paid to you within 5 business days.
  2. If you wish to make a complaint you should inform us immediately by contacting us at info@fusioncapital.io or at our registered office address. Please note that as Cryptocurrency is not regulated by the Financial Conduct Authority you will not have any recourse to the Financial Ombudsman Service in the event of a complaint.

Our responsibility for loss or damage suffered by you

  1. Nothing in these terms shall limit or exclude our liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or any statutory liability that cannot be excluded by law.
  2. Subject to clause 9.1:
    1. We/Group shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data or any indirect or consequential loss arising under or in connection with any contract between us.
    2. we/Group shall not be liable to you for your inability to use our Service.
    3. we/Group shall not be liable to you for any losses arising from the inaccuracy or incompleteness of any market data provided to you in the course of us providing the Service.
    4. we/Group shall not be liable for any losses arising from any incorrect instructions received by us from you.
    5. we/Group shall not be liable to you for any loss or damage you may suffer because of any unforeseeable circumstances outside of our reasonable control, such as delays or failures caused by problems with another system or network, any breakdown of failure of transmission, communication, data processing or computer, facilities, mechanical breakdown, any act of government, war, riot or terrorism, or act of God or any action or hindrance in obtaining any materials, energy or supplies necessary for the performance of our obligations under these terms;
    6. we/Group shall not be liable where damage does not relate to our conduct, for example where the cause is due to a technical failure in a Cryptocurrency protocol, the Fork of a Cryptocurrency protocol or any action by another third party; and
    7. our/Groups total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% per cent of our fee for the transaction in question.
  3. You will indemnify us/Group for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any breach by you of the terms of this agreement, including any fraudulent, negligent or reckless act, omission or default or your misuse of our platform.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

General terms

  1. We may transfer our rights and obligations under these terms to another organization. We will contact you to let you know if we intend to do this. If you are unhappy with the transfer, you may contact us to end the agreement within 14 days of us informing you in writing and we will refund you any payments you have made in advance for any Service not yet provided. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
  2. This Agreement is between you and us. No other person shall have any right to enforce any of its terms. Neither we nor you will need to procure the agreement of any other person in order to end the agreement or make any changes to these terms.
  3. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  4. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to carry out those actions and it will not prevent us taking steps against you at a later date.
  5. These terms are governed by the laws of United Kingdom of Great Britain and Wales. Both parties agree that any dispute shall be settled under the exclusive jurisdiction of the Lithuanian courts.