1. General Provisions.
1.1. This User Agreement as amended on September 12, 2022 (hereinafter referred to as the Agreement) regulates the procedure and conditions for the provision of services on the Matbea service (hereinafter referred to as the Platform), operated by Taube Cloud Ltd. Registration number: 220940, Registration address: Global Gateway 8, Rue de la Perle, Providence, Mahe, Seychelles (hereinafter referred to as the Platform Administration). The Agreement shall be deemed made on the terms of a public offer accepted by the User upon registration on the Platform. Current users shall accept the Agreement upon the first authorization on the Platform after the agreement has been published.
1.2. The Platform is a hardware and software product enabling its users to exchange electronic assets of one type (hereinafter referred to as EA) for another. EA include both crypto-currencies and tokens of the Platform itself (herein after referred to as Tokens). The Agreement is a legally binding agreement between the User and the Platform Administration, and its subject matter is delivery of services involving the use of Website and its tools to the Users (hereinafter referred to as the Services). All special documents governing the provision of the certain Platform services and posted in the relevant Platform sections in the Internet shall be an integral part of the Agreement.
1.3. The Agreement may be changed by the Platform Administration unilaterally without any special notice. The Agreement is a public and generally available document. The Users are recommended to regularly check the terms and conditions of this Agreement for its amendment and/or supplement. The use of the Platform after the making of amendments and/or supplements to the Agreement shall mean consent to and acceptance of such amendments and/or supplements by the User. The provision of personal data in any form whatsoever by any legal entity or individual, and commission of any other actions making it possible to judge about acceptance of the Agreement including but not limited to the use of the Platform resources, payment for the Platform services, etc., shall be a complete and implicit acceptance of the Agreement. The said entity or individual shall become another Party to the Agreement – the User immediately after the acceptance of the Agreement in any form whatsoever. The acceptance of the Agreement shall mean the User’s consent to all the terms and conditions thereof and shall be equal to the making of the Agreement on conditions provided for hereby. The Agreement shall be an official document and published in the Internet information & and communication network on the Platform.
1.4. Any Platform user may acquire EA form other users on conditions agreed upon by the parties. When carrying out transactions between Users, the Platform provides only technical support for conducting transactions in EA between users. Settlements with fiat currency shall be made between the users directly according to their mutual agreements and in convenient ways.
1.5. Users of the Platform can be both individuals and legal entities. Platform users are divided into two levels.
Level 1 Users can purchase Platform Tokens, as well as exchange Tokens for cryptocurrencies.
Level 2 users, in addition to the capabilities of level 1 users, can sell Tokens to other users and buy tokens from them for fiat money. In order to become a Level 2 User, it is necessary to conclude a separate agreement with the Platform Administration in your personal account.
The platform has the right, for security reasons, to require any user to undergo a full security check, while such a check is mandatory for level 2 users.
Additional rules and obligations for Level 2 Users not specified in this user agreement are regulated in Appendix 1 which is an integral part of this user agreement.
1.6. The purchase of Tokens can occur in 2 ways:
- by purchasing Tokens from other Users through the Platform. Users wishing to purchase or sell Tokens submit an application through their personal account. After that, the Platform shows them the price at which they can make a deal with another user. If the price suits, then Users make a deal. Fiat money settlements are carried out directly between users without the participation of the Platform.
- by purchasing Tokens from the Platform itself. In such case, settlements between the Platform and the Users take place through the authorized Platform Contractor, who accepts all processing fees and related transactions, which, in turn, carries them out with the involvement of specialized processing companies.
The platform performs the following functions::
- exchanges EA between users
- stores EA of Users
- sells and buys tokens for fiat money
- provides technical support for the exchange of tokens for fiat (and vice versa) between the User.
1.7. The platform does not store fiat money, but only provides an opportunity to place and exchange EA on the platform.
2. Terms and definitions:
2.1. The terms used in the Agreement shall have the following meaning:
Blockchain is an integral part of any crypto currency. Blockchain is a register containing the complete history of operations (transactions) with crypto currency and other information. Blockchain is generally accessible; anybody may download it from special units supporting operation of crypto currency.
Crypto Currency is software, blockchain, and a decentralized single-rank network supported by users worldwide and having no any control center. Crypto currencies: Bitcoin, Litecoin, Dash, Zcash and many others.
User means legal entities and individuals registered in the Platform and having their own personal account; they use the Platform and commit any actions whatsoever to use the Platform and commercial services by means of viewing the resource, registration, payment for commercial services, etc.
Platform is a matbea web-Platform (the primary website and secondary ones), and software for OS Android and iOS, providing for the Users’ access to the Platform services, and all sub-domains of these websites.
Tokenis a unit, which is not a crypto currency and used solely within the Platform.
Services are the Platform services provided by any Users of the website under the terms of the Agreement and other documents governing the procedure and terms of services provision.
Fork means the use of the code base and of the basic crypto currency blockchain as a start for the new crypto currency, which is fork. Each such fork may evolve independently from the main project, and possibilities, which the basic crypto currency goes without, may be implemented in one fork, while both the fork and crypto currency have identical operation history until the fork evolves. We can name a few bitcoin forks - Bitcoin cash, Bitcoin gold, Bitcoin diamond, Bitcoin super and many others, which may appear in future.
Exchange - exchange of platform tokens for cryptocurrencies, cryptocurrencies for cryptocurrencies.
Buying/selling - exchanging platform tokens for fiat money.
2.2. The Agreement may contain the terms, which are not defined in this section. If this is the case, such term shall be interpreted in accordance with the wording of the document. In case there is no univocal interpretation of such term in the wording, you shall have to rely on the interpretation defined on the Platform first, and on the language commonly used in the Internet second.
3. Subject Matter of the User Agreement.
The subject matter of the Agreement in relations with the Platform Users – individuals shall be chargeable use of the Platform resources for personal advantage on the terms of the Agreement. The terms of work with the Users-legal entities shall be established by means of an individual agreement between the Platform and such User.
It is forbidden to use the Platform and its information resources for commercial purposes, and to copy and distribute information posted on the Platform for commercial purposes in case there is no relevant agreement with the Platform.
4. Services Provided by the Platform.
4.1. The Platform may provide the following services:
- Services for reliable storage of EA.
- EA entry/withdrawal (to be carried out by the Platform upon the Users’ instruction).
- Safe EA exchange between the Users as set forth by the terms and conditions hereof.
4.2. The exchange rate of EA and tokens from the Platform is determined by the Platform.
The rate of purchase / sale of tokens from the Users of the 2nd level is set by these Users themselves with the participation of the platform.
5. Rights and Obligations of the Platform.
5.1. The Platform shall:
- Provide the Services to the User in accordance with the Agreement.
- Ensure the Users’ personal data processing on the terms of the Personal Data Use Agreement.
5.2. The Platform shall be entitled to:
- Suspend the provision of Services to the User by operational, technological or other problems impeding the provision of Services, for a period of solving such problems.
- Suspend the provision of Services and/or terminate the Agreement ahead of time unilaterally without a court decision by notifying the User in case the latter has infringed the obligations and/or guarantees assumed in accordance with the Agreement.
- The Service Administration has the right to block the client if his actions make it difficult for other users to complete transactions.
6. Rights and Obligations of the User.
6.1. The User shall guarantee that:
- he (she) is full-aged and capable as set forth by the law of the state, where he/she stays at the time of using the Platform.
- cash funds and any other EA used in settlements between the users and/or the Platform are not received through crime and have a legal source of origin, otherwise the User shall refrain from operations and inform the Platform thereof.
- he(she) does not and shall not use the Platform Services for any illegal purposes including but not limited to:
- laundering of income received through crime;
- receipt or transfer of cash funds for planning, preparation and commission of a crime including financing of terrorism and drugs trafficking.<br>
6.2. The User shall:
- Provide photocopies of the ID documents specifying the place of residence, as well as other documents upon request of the security service.
- Reflect the receipt of profit from exchange operations, if this is the case, in the tax declarations and pay all taxes as set forth by the current law of the country of the User’s residence. The Platform shall not be responsible for the full or partial non-payment of taxes by the User.
- The User shall not replenish his/her account on the Platform from bank accounts owned by the third parties and shall not transfer cash funds to the bank accounts owned by the third parties. The User acknowledges that the Platform reserves a right to block the User’s account for infringement of the obligations specified in this clause.
- The User shall, upon the Platform’s request, provide proofs confirming that the cash funds have been received legally and that the said account is owned by the User. The amount of proofs, their type and way of demonstration shall be in the sole discretion of the Platform’s administration.
- The User shall observe the Agreement requirements when purchasing, selling and exchanging EA, also in relations with other Platform Users.
- The user undertakes to confirm the system requests addressed to him within the time allotted for this. Failure to comply with this rule on the part of the User may result in the loss of fiat funds / EA of this User, without the possibility of their recovery. The confirming party is responsible for the confirmed operation.
6.3. The User shall be entitled to
- make an own decision as to make or not to make a transaction on the said terms
- obtain truthful information on the Platform operation
- use any Platform services complying with this Agreement
- get an access to the Platform anytime except when preventive operations are underway.
- turn to the customer service to block his/her Profile in case there are no debts to the Platform or other users.
- turn to the customer service of the Platform user to clear up any technical or other issues relating to the work with the Platform.
7. Cost of Services and Terms of Payment.
7.1. The User may always refer to the current information, to-wit: the list of EA used in operations on the Platform, the cost of services, amount of commission fees and bank organizations’ tariffs. This information is always updated on the Platform and available to all users.
8. Liability and its Limitation.
8.1. The User shall use the Platform in the form it is presented, at his/her own risk. The Platform does not guarantee an achievement of any results due to its use, to the User. The Platform warns the User that the EA cost of Crypto currencies is solely defined by the participants’ trust, and exchange operations may lead to both reduction and increase of the User’s capital. The Platform bears no liability for the losses incurred by the User as a result of the purchase/sale/exchange of EA.
8.2. The Platform does not guarantee that the software and hardware product will meet the User’s requirements. Errors revealed on the Platform’s side may be rectified, which is not guaranteed by the Platform, and may not serve as a ground for holding the Platform liable hereunder.
8.3. The User shall be independently liable for safety and confidentiality of registration data (login, password, pin code, etc.). All actions relating to the purchase, sale and exchange of EA using the User’s login and password shall be deemed performed by the user, who shall be independently liable for actions performed using his/her login and password.
8.4. Under no circumstances the Platform shall be liable hereunder for:
- any action/inactions directly or indirectly resulting from actions/inaction of the User and/or third parties;
- any indirect losses and/or lost profit of the user and/or third parties regardless of the fact whether the Platform could have foreseen such losses or not;
8.5. The Parties shall be released from liability for partial or complete failure to perform their obligations under the Agreement, if such failure has resulted from force-majeure events, which occurred after the User became a party to the Agreement, or from extraordinary events, which the Parties could have neither foreseen, nor prevented by reasonable means.
8.6. The force majeure events shall mean events beyond the Party’s control, and the Party cannot be held liable in case of their occurrence. Such events include, but are not limited to, the war, rebellion, strike, earthquake, flood and other natural disasters, fire, power delivery failure, software and hardware errors and failures, actions and acts of the government agencies passed after the signing of the Agreement and rendering fulfillment of the Agreement obligations impossible, as well as other unforeseen circumstances and events and phenomena beyond the parties’ control.
8.7. The User shall be completely liable for compliance with all the law requirements, including but not limited to the tax, criminal and civil law in respect of all actions and operations involving the use of the Platform.
8.8. The Users making transactions by means of the Platform at the expense of the third parties’ funds at their disposal shall be exclusively liable to such third parties for such funds. The Platform shall not be a party to such transaction, nor shall it be liable to the third parties for the fulfillment of any obligations to them by the User, or be a party to disputes, which may arise out of such obligations.
9. Safety and Dispute Settlement.
9.1. In order to protect Users from possible fraudulent activities and prevent the legalization of money obtained by criminal means, the Platform reserves the right to suspend the User's suspicious activities and restrict the User's account until the verification is completed.
9.2. In case the User infringes the terms and conditions of the Agreement and performs suspicious operations including an attempt to deceive other Users and/or the Platform, the Platform shall be entitled to terminate the Agreement unilaterally and cancel any operations whatsoever including replenishment, withdrawal and exchange of funds. The User shall be notified of the Agreement termination after such termination has been accomplished unilaterally upon the initiative of the Platform. Together with the notification of the User, all funds belonging to him are blocked in an amount equal to the amount of those funds within his balance in the user's wallet at the time of notification, including funds that belonged to the User before he violated the terms of the Agreement and / or took actions aimed at deception other users and / or the Platform. Funds are blocked for the duration of the entire proceedings. If, in the course of the proceedings, suspicions of a violation by the User of the terms of the Agreement and / or taking actions aimed at deceiving other users and / or the Platform are not confirmed and / or refuted, the funds belonging to him are returned to the User in an amount equal to the amount of those funds, within the limits of his balance in the user's wallet that belonged to the User before the start of the proceedings, including funds, the receipt of which could provoke the blocking, minus the commission and other costs incurred by the Platform.
9.3. The User and/or his/her account may be deleted by decision of the Platform without explaining the reason. However, the funds on the User’s account shall be returned to the User in full exclusive of the overhead costs (commission fees).
9.4. All disputes and disagreements relating to the operations performed by the Users on the Platform shall be settled within the shortest period, with the simultaneous application of efforts by all the parties involved.
9.5. In the event of a dispute between the Users of the Platform, they are resolved as follows:
- If a complaint is filed by one user against another, then until this issue is resolved, the Platform has the right to suspend the operation of the account of each of these users until the completion of the proceedings.
- If the User has confirmed the receipt of money on an application submitted for withdrawal of funds by clicking the appropriate button in the interface of the Platform, then the obligations to withdraw funds are considered to be fulfilled in full, and claims for non-receipt or incomplete receipt of funds under this application are not accepted.
- If the User has deleted the request for depositing funds, as well as did not manage to confirm the payment in the allotted time by clicking the appropriate buttons in the Platform interface, the payment is considered incomplete and claims for the timing of crediting funds are not accepted.
9.6. The user is aware that the software and hardware errors influencing the increase or reduction of the current EA exchange rate, and the erroneous write-off and crediting of cash funds are considered equivalent to the force majeure events and entail suspension of all the User’s operations carried out after the occurrence of the said errors, and also entail blocking of the User account until recovery of the software failure. If this is the case, the funds owned by the User shall be returned to him/her in the amount equaling the amount of funds owned by the user before the software and hardware error occurred, within the balance of funds in the user’s wallet.
9.7. The user is aware that the Platform Administration does not support any forks of Bitcoin or any other crypto currency. The Platform Administration supports only the main (basic) crypto currency. Hash rate is among the criteria of the fork difference from the basic crypto currency (Bitcoin or other): the fork always has lower hash rate, than the basic crypto currency.
9.8. The User is also aware that the Platform does not add the forks of Bitcoin or other crypto currency to the user’s account, nor does it add any compensation for the forks. The Platform is an owner of all forks and can dispose of them at its own discretion.
9.9. In case of a refund a commission fee in the amount of 5% of the refund amount shall be withdrawn, as well as the amount of all costs or losses incurred by the Platform.
10. Other.
10.1. In order to protect Users from possible fraudulent activities, prevent the legalization of money obtained by criminal means, and comply with the law, the Platform, at its discretion, has the right to require the User to provide documents confirming the legality of possession of funds.
Requested documents may include
- a bank statement issued no later than 3 months, which contains the full details of the Client
- documents confirming the legality of possession of funds and EA
- documents confirming the actual place of residence of the User
- additional documents depending on the situation
The update date is September 12, 2022.