TERMS OF SERVICE AGREEMENT
Please read this Terms of Service Agreement carefully, it contains important information
about your rights and obligations.
- Terms and Definitions
- Web Site or Site means a web site at https://broxus.com which belongs to
Finstream OU as well as all its sections and parts, including cookies, links etc.;
- We (or Us, where applicable) means the owner of the Web Site and its
administrator – Finstream OU registered under the laws of Estonia under reg. #
14770997 having its registered address at Harju maakond, Tallinn, Lasnamäe
linnaosa, Katusepapi tn 4/2, 11412, Estonia;
- Services mean any and all services, tools, apps and software which you can
access and use visiting or as a result of visiting the Web Site;
- Products mean the following services that you can use on the Web Site, without
- Broxus Radiance;
- Broxus Shuttle;
- Broxus Nova;
- Ton Crystal Wallet;
- And other that may appear on the Site or be added to the Section “Blockchain
integration” from time to time;
- Fees mean any and all fees, payments and costs that you can pay for the
Products and Services on the Web Site shown in Section “Pricing” on the Site,
which may be amended from time to time according to the present Terms of
- Material means any material published on the Web Site including, without
limitation, all text, images and graphics of any nature whatsoever, regardless of
whether the copyright and/or database right or any other intellectual property
rights in the material vest in us, our licensors or third parties.
- Account means personal page on the Site which you can get access to after
you complete the procedure of registration and\or KYC procedure prescribed for
the Product you register an account for. For example, you might be required to
register your login (username/e-mail) and password on the Site (Subscription),
or you may need to complete Subscription and then go through KYC and EDD
Procedure etc. You can find more details of our registration procedures for each
Product, KYC (or EDD) requirements in AML Policy also posted in Legal section
of our Website. An account usually contains your personal information, history of
used and purchased Products, preferences, and customizations. We comply
with all legal requirements with respect to personal data and its processing or
- General Provisions
These Terms of Service Agreement apply to your use of the Web Site which belongs
By accessing the Web Site You agree to be bound by these Terms of Service
Agreement, which may be modified and posted on the Web Site from time to time
without any prior notice, all applicable laws and regulations, and agree that You are
responsible for compliance with any applicable local laws currently in force.
If You do not agree with any of these Terms, You are prohibited from using or
accessing this Site. The materials contained in this Web Site are protected by
applicable copyright and trademark law according to the present Terms of Service
Products Licensing Policy, EDD Procedure and other documents posted on the Web
Site in its “Legal” section, form a legally binding agreement between You and Us
(“the Agreement”). Please, read them carefully. Continuing to use the Web Site or
any Product you agree to be fully bound by all of these documents.
We agree to provide the Products in consideration of the payment of the Fees as set
out on the Web Site “Pricing” Section. The Fees may be added or amended from
time to time without any obligation to make prior notice to any user including You. It
is your responsibility to check the Site regularly and monitor current pricing policy
and Fee schedule.
As a rule, we must receive payment in full before you will be able to access the
Services and start using Products (unless otherwise agreed with You in advance on
an individual basis). Nevertheless, for some of our Products we provide for a free
trial period. For example, there is a free trial month period for Shuttle and two
weeks free trial for Stardust. Please, find more details in our Products Licensing
To pay the Fees for using our Products you shall have to first purchase internal
currency (named Credits) on the Web Site, which then will be credited from your
personal account according to the quantity of addresses to API or other services of
the Web Site based on rates stated in Section Pricing of the Website. In some cases
we can also use a monthly basis for calculating the Fees which shall be agreed with
you separately on an individual basis. In the event that You do not pay the Fees we
reserve the right to suspend Your access to the Services at Our discretion.
You must be at least 18 years old to use the Services (or older if the age of majority
is older in your country).
We will allow You access on the basis that:
- Your username and password are personal to you and may not be used by
anyone else. You undertake to us that you will keep your password secret and
will inform us in the event that you become aware that it is no longer confidential,
is being used by an unauthorised person or in breach of this Agreement.
- You will not do anything which would assist anyone who is not a registered user
to gain access to any part of the Web Site. If, for any reason, we believe that you
have not complied with any of these terms and conditions, we may, at our
discretion, cancel your access to the Web Site immediately and without giving
you any advance notice and terminate the Agreement.
Generally speaking there are two main types of Licenses on the Site that you can
4.1. Limited license for using all materials and Services of the Site except for the
Products which is granted usually without extra fee and for any period you wish to
use the Site:
a. Permission is granted to temporarily download one copy of the materials
(information or software) on the Site for personal, non-commercial transitory viewing
only. This is the grant of a limited license, not a transfer of title, and under this
license you, unless otherwise is agreed separately with you on an individual basis,
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display
(commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on the Site;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or “mirror” the materials on any other
b. This license shall automatically terminate if you violate any of these restrictions
and may be terminated by Us at any time. Upon terminating your viewing of these
materials or upon termination of this license, you must destroy any downloaded
materials in your possession whether in electronic or printed format.
4.2. License for using the Products (Software provided in Section “Products” of
a. Usually is granted in consideration for the Fees to be paid in advance
according to Fee Schedule and this Terms of Service Agreement;
b. Usually is granted for a specific period only (stated in our Products
Licensing Policy for a specific Product) and for only one user at a time.
As a rule, You may use any specific Product on one device you
registered when purchasing the Product;
c. When using any Product You shall comply with all restrictions specified
in par. 4.1. above as well;
d. Can be used according to special purposes and in a way specified in a
Products Licensing Policy which is an integral part hereof;
e. This license shall also automatically terminate if you violate any of these
restrictions. We shall send you a written notification on termination to the
e-mail address you specified when registering on the Site. Upon
terminating your viewing of these materials or upon termination of this
license, you must destroy any downloaded materials in your possession
whether in electronic or printed format. In case we terminate your
Account for breach of this Terms of service no advance payment shall be
We may terminate your access to the Site, without cause or notice, which may result
in the forfeiture and destruction of all information associated with your Account. All
provisions of this Agreement that, by their nature, should survive termination shall
survive termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity, and limitations of liability.
If you no longer wish to have a registered account on our Site, you may terminate
an account by sending an e-mail to [email protected]
If you no longer accept these Terms of Service Agreement or any future
modifications to these Terms of Service Agreement you must cease using the Site
immediately. Continued use of the Site indicates your continued acceptance of this
Terms of Service Agreement.
If, for any reason, we believe that you have not complied with these Terms of
Service Agreement, we may, at our sole discretion, cancel your access to the
registration areas of the Site immediately and without prior notice. We may
terminate your registration Account, at our sole discretion, by emailing you at the
address you have registered stating that the agreement has terminated
5 Use of Materials appearing on the Web Site
You may download and print extracts from the material and make copies of these for
your own personal use only. You are not allowed to download or print the material,
or extracts from it, in a systematic or regular manner so as to create a database in
electronic or paper form comprising all or part of the Materials appearing on the Web
You must not reproduce any part of the Web Site or the material or transmit it to or
store it in any other Web Site or disseminate any part of the material in any other
form, unless we have indicated that you may do so.
We may be prepared to allow you to distribute or reproduce other parts of
www.broxus.com or the material, in certain other circumstances. Please, email
[email protected] if you wish for permission to do so.
a. The materials on the Web Site are provided on an ‘as is’ basis. We make no
warranties, expressed or implied, and hereby disclaim and negate all other
warranties including, without limitation, implied warranties or conditions of
merchantability, fitness for a particular purpose, or non-infringement of intellectual
property or other violation of rights.
b. Further, We do not warrant or make any representations concerning the accuracy,
likely results or reliability of the use of the materials on its website or otherwise
relating to such materials or on any sites linked to this site.
In no event shall we or our suppliers be liable for any damages (including, without
limitation, damages for loss of data or profit, or due to business interruption) arising
out of the use or inability to use the materials on the Site, even if we or our
authorized representative has been notified orally or in writing of the possibility of
such damage. Because some jurisdictions do not allow limitations on implied
warranties, or limitations of liability for consequential or incidental damages, these
limitations may not apply to you.
WE DO NOT GIVE ANY WARRANTY AS TO THE AVAILABILITY, ACCURACY,
COMPLETENESS, CURRENCY OR RELIABILITY OF THE INFORMATION AND
MATERIAL PUBLISHED ON THE WEB SITE AND EXPRESSLY DISCLAIM (TO
THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW) ALL LIABILITY
FOR ANY DAMAGE OR LOSS RESULTING FROM YOUR USE OF OR RELIANCE
ON THE INFORMATION AND MATERIAL PUBLISHED ON THE WEB SITE.
We accept no liability for any indirect or consequential loss or damage, or for any
loss of data, profit, revenue or business (whether direct or indirect), however
caused, even if foreseeable. In circumstances where you suffer loss or damage
arising out of or in connection with the viewing, use or performance of our Web Site
or its contents, we accept no liability for this loss or damage (except where we have
been negligent) whether due to inaccuracy, error, omission or any other cause
whether on the part of us or our servants, agents or other person.
If we are liable to you for any reason, our liability will be limited to the amount paid
by you for the Service and Products in any year, in the year of claim.
We accept liability for death or personal injury caused by negligence or responsibility
for fraudulent misrepresentation that cannot, under applicable law, be excluded.
We give no warranties of any kind concerning the Web Site or the material to the
fullest extent permissible by law. In particular, we do not warrant that the Web Site or
any of its content is virus free. You must take your precautions in this respect as we
accept no responsibility for any infection by virus or other communication or by
anything that has destructive properties.
We will do our best to ensure that all materials and information published on our
Web Site are accurate, but please note that all materials and information on our
Web Site are provided on an “as is” basis. The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by the applicable law. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Web Site.
- Accuracy of materials
The materials appearing on the Web Site could include technical, typographical, or
photographic errors. We do not warrant that any of the materials on our Website are
accurate, complete or current. We may make changes to the materials contained on
our Web Site at any time without notice. However we do not make any commitment
to update the materials.
- Availability of Web Site
We will try to make the Web Site available but cannot guarantee that the Web Site
will operate continuously or without interruptions or be error free and can accept no
liability for its unavailability. You must not attempt to interfere with the proper working
of our Web Site and, in particular, you must not attempt to circumvent security,
tamper with, hack into, or otherwise disrupt any computer system, server, web site,
router or any other internet connected device.
We have not reviewed all of the sites linked to our Site and are not responsible for
the contents of any such linked site. The inclusion of any link does not imply
endorsement by us of the site. Use of any such linked website is at your own risk.
You may be able to access other sites via links from the Web Site. These sites are
not under our control and we are not responsible in any way for any of their
contents. We make no representations whatsoever about any other web sites that
you may access through the Web Site or which may link to our Web Site. Any
concerns regarding any external link should be directed to its web site administrator
or web master.
- Third party material on the Web Site
You may see advertising material submitted by third parties on the Web Site.
Individual advertisers are solely responsible for the content of advertising material
that they submit to us, including ensuring that it complies with relevant legislation.
We accept no responsibility for the content of advertising material, including, without
limitation, any error, omission or inaccuracy therein. If you would like to advertise on
the Web Site, please send an email to [email protected]
We may revise these Terms of Service Agreement for the Site at any time without
notice. By using Web Site you agree to be bound by the then current version of
these Terms of Service Agreement.
- Governing Law
These terms and conditions are governed by and construed in accordance with the
laws of Estonia and You irrevocably submit to the exclusive jurisdiction of the courts
in that State or location.
- Client Due Diligence & Anti-Money Laundering procedures
14.1. In order to use our services, You need to pass a mandatory due diligence
process, also known as Know Your Client (hereinafter “KYC”). In order to comply
with relevant Anti-Money Laundering (hereinafter “AML”) and Countering Financing
of Terrorism (hereinafter “CFT”) regulatory requirements, we may require additional
information, documents and personal data in order to verify your identity, nature of
business and assess prospect business risk.
14.2. We may use external third-party service providers to conduct KYC and
AML-CFT checks in order to fulfil our legal obligations and process your data. You
shall not hold us liable for any losses or damages which may arise for any data loss,
misconduct or any other action or inaction which is carried out by the third party
14.3. Each client must carry out the KYC process at least once. The list of
information, business-related data and/or documents which are requested by us in
order to fulfil the KYC process may be amended depending on any new regulatory
requirements applicable to us. We reserve the right to request clients for additional
information, data or documents.
14.4. You must provide us with all documents and information and business data
promptly and accurately. You accept that delays from your side to provide
documents and/or information may delay the approval of your Account registration.
14.5. Providing false, forged, modified or incomplete documents with the intent to
deceive and\or conceal information will be considered fraud and treated as such.
- Use of data
15.1. We do not request any information that is unnecessary for the use of our
Services or to comply with our obligations under applicable law.
15.2. You understand that by using our Services you consent to the collection, use
and disclosure of your personally identifiable information and aggregate data as set
15.3. You acknowledge that we may process personal data in relation to you and
personal data that you have provided or in the future provided to us in relation to
your entity, employees or other associates, in connection with these Terms or our
15.4. Accordingly, you represent and warrant that:
a) Your disclosure to us of any personal data relating to individuals other than
yourself was or will be made in accordance with all applicable data protection and
data privacy laws, and data is accurate, up to date and relevant when disclosed;
time to time and forms part of these Terms.
15.5. In order to use the Services, you must register for an account. When you open
an account, we may ask you for contact information such as name, phone number,
email address. We may require information on your business and also obtain
information from you to help verify your identity and assess risk. We may engage
third parties in order to assist in different aspects of the provision of our Services to
you. We may need to review your eligibility to use the Services according to their
own verification procedures.
- Applicability of on-line materials
We have used our best endeavours to ensure that our Web Site complies with the
Estonian law. However, we make no representations that the materials on our Web
Site are appropriate or available for use in locations outside Estonia.
We make no warranties, expressed or implied, that making Products or Services
available in any jurisdiction outside Estonia is permitted under any applicable
non-Estonian laws or regulations. Accordingly, if making the Products or Services or
any part available in your jurisdiction or to you (by reason of nationality, residence or
otherwise) is prohibited, those Products or Services are not offered for sale to you.
You accept that if you are resident outside Estonia, you must satisfy yourself that
you are lawfully able to purchase the Services and Products.
- Payment methods
Details of the Fees for the Services and the Products and the procedures for
payment and delivery for the Services are displayed on our Web Site.
Any terms or dates stated on our Web Site with respect to granting access or start of
use of the Products are estimates only. We will make all reasonable effort to grant
You access or let you start using the Products within the time specified, but we do
not accept liability for any failure to grant access or start using within that time.
The Fee for using any Product is in force at the date and time of your subscription or
purchase of the Product. We may change the Fees at any time without prior notice.
We try to ensure that our Fees displayed on our Web site are accurate.
You undertake that all details you provide to us for the purpose of purchasing the
Products or Services which may be offered by us on our Web Site will be correct,
that the credit or debit card, or other method of payment, which you use, is your own
and that there are sufficient funds or credit facilities to cover the cost of the Fees.
We reserve the right to obtain validation of your credit or debit card details or by
other means if you use an alternative method of payment before providing you with
any Products or Services.
- Force Majeure
You acknowledge that your use of, or access to, the Web Site may be subject to
interruption or delay. We do not give you any warranty that the Web Site or the
Services offered through it will be error free, without interruption or delay, or free
from defects in design or engineering.
If any part of the Terms of Service Agreement is declared invalid or unenforceable
by any court or authority of competent jurisdiction (including any provision in which
we exclude our liability to you) all other provisions will remain in full force and effect
and will not in any way be impaired and the parties will agree to the replacement
provision which is as close as legally permissible to the provision found invalid, or
- Third party rights
Except for our affiliates, directors, employees or representatives, a person who is
not a party to this agreement has no right under this Terms of Service Agreement to
enforce any term of this agreement.
- Governing law and Jurisdiction
The Agreement between us shall be governed by and interpreted in accordance
with the Estonian law notwithstanding the jurisdiction where you are based. You
irrevocably agree that the courts of Estonia shall have exclusive jurisdiction to settle
any dispute which may arise out of, under, or in connection with the present Terms
of Service Agreement and for those purposes irrevocably submit all disputes to the
jurisdiction of the Estonian courts.
We make no warranty or guarantee that the Web Site or information available over it
complies with laws other than those of Estonia.
- Entire agreement
This Terms of Service Agreement is an agreement, together with other documents
currently in force which are published on Web Site and are an integral part hereof,
which sets out the whole of our agreement relating to the supply of the Services and
the Products to you by us. Nothing said by any sales person on our behalf should be
understood as a variation of these terms and conditions or as an authorised
representation about the nature or quality of any Services or Products offered for
sale by us.
The Terms of Service Agreement supersede all prior agreements, negotiations and
discussions between the parties relating to the subject matter of these Terms of
Service Agreement and you acknowledge that you have not entered into these
Terms of Service Agreement in reliance on any statement or representation except
in so far as the representation has been incorporated into these Terms of Service.
Save for fraud or fraudulent misrepresentation, we shall have no liability for any
such representation being untrue or misleading.
- No advice
The information on the Web Site is not intended to address your particular
requirements. No tax, legal or investment advice of any kind (including advice and
opinions with respect to the nature, potential value or suitability of any particular
securities transactions, financial products or investment strategy) is being provided
by Us to You as a user. Any investment decisions made by the user will be based
solely on their own evaluation of their financial circumstances and investment
objectives and not on the basis of any investment information given in the Web Site.
These Terms of Service Agreement replace all other terms and conditions
previously applicable to the use of our Web Site.
Any formal legal notices should be sent to us addressed to the Managing Director at
the address shown below.
We may assign, novate or subcontract any or all of our rights and obligations under
these Terms of Service Agreement at any time. You may not assign or transfer your
rights under these Terms of Service Agreement.
Failure by us to enforce a right does not result in a waiver of such right.
We may amend the Terms of Service Agreement at any time by posting a variation
on the Web Site.
We reserve the right to bar users from the Web Site, on a permanent or temporary
basis at our discretion. Any such user shall be notified and must not then attempt to
use the Web Site under any other name or through any other user.
Finstream OU is a company registered in Estonia, registered office at Harju
maakond, Tallinn, Lasnamäe linnaosa, Katusepapi tn 4/2, 11412, Estonia.