Terms and conditions

1. ACCEPTANCE OF THE TERMS OF USE

These general Terms and Conditions of Use (hereinafter referred to as the “Terms of Use”) establish the rules and conditions for using the website https://abarai.ro/ (hereinafter referred to as the “Website”), owned by CHIDORI TECHNOLOGIES S.R.L., a limited liability company registered in Romania, with its registered office in Cluj-Napoca, Strada Fundătura Oașului no. 24B, Cluj County, registered with the Trade Registry under no. J12/984/2023, having sole registration code 43894338 and European Unique Identifier (EUID) ROONRC.J12/984/2023 (hereinafter referred to as the “Company” or “Chidori Technologies”).The crypto-asset exchange services accessible through the Website are provided and executed by an external crypto-asset service provider (hereinafter referred to as the “Partner”), through a widget integrated on the Website (hereinafter referred to as the “Widget”). Full identifying details of the Partner are available in Section 2 (Definitions). The Company is not a party to the crypto-asset exchange contracts concluded through the Widget and only provides technical access to it.By accessing and using the services offered through the Website, the client confirms that:
  • they have been informed in advance of the existence of these Terms of Use; they have read, understood, and agree to be legally bound by them and to comply with all applicable laws and regulations;
  • they have been informed of the conditions under which the Company collects personal data, the reasons requiring the collection of such data, and how it will be used;
  • they understand and acknowledge that these Terms of Use constitute a binding and enforceable legal agreement between them and the Company, and that use of the Widget is additionally subject to the Partner’s Terms and Conditions, available here.

2. DEFINITIONS

Services – the service provided by the Company, consisting of granting access, through the Website, to the Widget, through which the Client can initiate crypto-asset exchange transactions (Fiat Currency into Crypto-Asset or vice versa).

Widget – the crypto-asset exchange interface provided and operated by the Partner, integrated into the Company’s Website, through which crypto-asset exchange transactions are actually executed.

Partner – SIA Paybis Europe (reg. no. 40203730951), with its registered office at Brivibas street 171, Riga, Latvia, LV-1012, and its affiliated entities. The Partner executes the transactions, processes identity verification (KYC), sets the exchange rate and applicable fees, and handles the refund/chargeback policy.

Address – an alphanumeric address generated free of charge, composed of a public key and a private key, which allows the secure transfer of crypto-assets. The Address is the identifying criterion for the destination to which crypto-assets are sent.

Suspicious Address – an alphanumeric address in connection with which transactions have been carried out that give rise to reasonable suspicion that they involve funds derived from criminal activity, or that the person transacting or their representative is not who they claim to be.

Bitcoin – a type of Crypto-Asset, functioning as a decentralized electronic payment system. Bitcoin’s design allows for the holding and transfer of value.

Private Key – a secret set of data that allows the transfer of crypto-assets held in a given wallet, by means of a cryptographic signature. Together with the public key, it forms the “address” to or from which crypto-asset transfers are made.

Public Key – a set of data that may be known to third parties and which, together with the private key, forms the “address” to or from which a crypto-asset transfer can be made. Knowledge of the public key alone does not allow third parties to access or use the crypto-asset associated with a given address.

Client – the individual who has successfully completed the identity verification process (KYC) and who enters, in their own name, through the Widget, into the contract for trading crypto-assets, either for the purpose of purchasing crypto-assets or for the purpose of transferring, for consideration, crypto-assets they hold.

Crypto-Asset – a digital representation of value or a right that may be transferred and stored electronically using distributed ledger technology or similar technology, within the meaning of Regulation (EU) 2023/1114 (MiCA) and its national transposing legislation. Bitcoin, Ethereum, Bitcoin Cash, Ripple, and Litecoin are examples of Crypto-Assets used as a means of payment.

Identity Document – an identity card or passport, valid at the time, presented as part of the identity verification (KYC) process, in order to allow identification of the holder.

Fiat Currency – a financial instrument and means of payment issued and guaranteed by a national bank or monetary authority, accepted for transactions carried out through the Widget. The list of accepted currencies, available payment methods (credit/debit card, Apple Pay, Google Pay, PayPal, Revolut Pay, Skrill, Neteller, SEPA/SWIFT bank transfer, and other local methods), as well as the minimum and maximum limits applicable, are available here. The availability of a given currency or payment method may vary depending on the Client’s country of residence.

Wallet – the common name for software installed on a computer, smartphone, etc., or an online service that functions like a bank account, in that it allows, through the Private Keys it contains, the transfer of the Crypto-Assets belonging to its holder.

Purchase Price / Selling Price – the Fiat Currency equivalent of a unit of Crypto-Asset, displayed in the Widget at the time of the transaction.

Fee – the amount owed for executing the transaction, set and collected in accordance with the Partner’s Terms and Conditions, available here.

3. SERVICES OFFERED BY CHIDORI TECHNOLOGIES

Through the Website, Chidori Technologies grants the Client access to the Widget, through which the Client can initiate crypto-asset exchange services (the exchange of Fiat Currency into Crypto-Asset or vice versa).The Company does not execute, confirm, or guarantee any crypto-asset exchange transaction, does not provide custody services for Crypto-Assets or Fiat Currency, and is not a party to the exchange contract concluded through the Widget. These services are offered, executed, and governed entirely by the Partner, as defined in Section 2.The Client using the Widget acts in their own name when entering into the contract. Any agreement between the Client and third parties that would have authorized them to act on their behalf is unenforceable against the Company.

4. PRECONDITIONS FOR USING THE WIDGET

In order to be able to initiate a transaction through the Widget, the Client must meet certain preconditions:
  • Holding their own Wallet and Address. The Client bears the consequences of any error in indicating the transfer Address for the Crypto-Asset, given that the actual transfer is irreversible. The Client bears the consequences of the loss of, or a third party gaining access to, the Private Key associated with the indicated Address, regardless of whether this occurred before or after the conclusion of the contract.
  • Completing the identity verification (KYC) process.
  • Complying with the transaction limits, specific to each currency and payment method, as set out in the list available here.
  • Presenting, upon request, a valid Identity Document.
Fulfillment of these conditions is verified exclusively through the Widget; the availability of a given payment method or currency may vary depending on the Client’s country of residence.

5. SUBJECT MATTER OF THE CONTRACT

The subject matter of the crypto-asset exchange contract, concluded through the Widget, is the exchange between Crypto-Asset and Fiat Currency, in any of the currencies and through any of the payment methods accepted at the time of the transaction, as set out in the list available here.The Company is not a party to this contract. The Company’s role is limited to providing technical access to the Widget, through the Website.

6. CONCLUSION OF THE CONTRACT

The conclusion of the crypto-asset exchange contract, including the expression of offer and acceptance, the indication of the transfer Address, as well as making the funds or Crypto-Asset available, takes place exclusively within the Widget, in accordance with the mechanism and steps established under the terms applicable to it, available here. The Company does not intervene in, and does not influence, this process.

7. OBLIGATIONS OF THE PARTIES. PERFORMANCE OF THE CONTRACT.

The specific obligations of the Client and the Partner (delivery/transfer of the Crypto-Asset, payment of the price, blockchain confirmation, order of performance) are those set out in the Partner’s Terms and Conditions. The Company does not act as seller or buyer in these contracts and does not assume any obligation to perform specific to the transaction.

8. IMPOSSIBILITY OF PERFORMANCE. FORCE MAJEURE AND FORTUITOUS EVENT.

Situations of temporary or permanent impossibility to perform the crypto-asset exchange contract are governed by the Partner’s Terms and Conditions. The Company is not liable for the impossibility of executing transactions carried out through the Widget, except where such impossibility is caused solely by a malfunction of the Website that is within the Company’s direct control.

9. WARRANTIES

The warranties concerning ownership of the Crypto-Asset, the delivery of the agreed quantity, and the value of the Crypto-Asset are those provided by the Partner, in accordance with its own Terms and Conditions. The Company provides no warranty as to the performance, value, or outcome of transactions carried out through the Widget.

10. RISKS

The Client is aware of, and assumes, the risks specific to trading crypto-assets, including, without limitation:
  • value fluctuations, including sharp devaluation of the Crypto-Asset;
  • risks associated with the uneven distribution of the Crypto-Asset among holders;
  • the fact that, in certain countries, the use of the Crypto-Asset may be restricted or prohibited;
  • the fact that Bitcoin or any other Crypto-Asset is not legal tender and that third parties are not legally required to accept it as a means of payment;
  • the need to hold both the Public Key and the Private Key simultaneously in order to use the Crypto-Asset; loss of the Private Key results in the permanent inability to recover it;
  • the irreversible nature of a Crypto-Asset transfer to an incorrectly indicated Address.
These risks are inherent to the nature of the Crypto-Asset and are not caused by the technical mechanism through which the transaction is carried out.

11. REPRESENTATIONS

The Client represents that:
  • they are at least 18 years old at the time of using the Widget;
  • the Identity Document presented, where applicable, is authentic, valid, and belongs to them;
  • the billing/identification data provided during the verification process is real, current, and belongs to them;
  • they are entitled to dispose of the funds, or the Crypto-Asset, that are the subject of the transaction;
  • the Address used to send or receive the Crypto-Asset is not a Suspicious Address.

12. TERMINATION OF THE CONTRACT

The cases of termination, rescission, or unilateral withdrawal from the crypto-asset exchange contract are those set out in the Partner’s Terms and Conditions. The Company separately reserves the right to suspend or discontinue the Client’s access to the Website at any time, without prior notice, in particular in the event of a breach of these Terms of Use.

13. GOVERNING LAW. DISPUTES.

These Terms of Use are governed by Romanian law, as in force at the time the Website is accessed. Any disputes relating to the use of the Website (not concerning the actual performance of the crypto-asset exchange transaction) shall, as far as possible, be settled amicably, and, failing agreement, shall be submitted to the courts having jurisdiction over the Company’s registered office.Disputes concerning the performance, content, or effects of the crypto-asset exchange transaction carried out through the Widget shall be settled in accordance with the Partner’s Terms and Conditions, available here, and the refund policy, available here.