These Terms of Use (hereinafter, the “Terms”) set out the general rules for using the PayPlatinum service (hereinafter, the “Service”) available at https://payplatinum.io (hereinafter, the “Website”), and apply to persons engaged in the sale of goods, works or services who connect to the Service to accept payments, as well as to their representatives (hereinafter, the “Partner”). The Terms do not govern relations with individuals making payments using the Service; such relations are governed by the Public Offer published at: https://payplatinum.io/ru/public-offer. By registering with and/or using the Service, the Partner confirms that it has read the Terms, accepts them in full and has the necessary legal capacity and authority. If the Partner does not agree with the Terms, it may not use the Service.

1. Terms and Definitions

1.1. Service means the PayPlatinum information technology platform, being a set of software and hardware ensuring interaction between settlement participants in the acceptance of payments.

1.2. Website means the internet resource located at https://payplatinum.io through which access to the Service is provided.

1.3. Operator means the person ensuring the operation of the Service.

1.4. Partner means a person engaged in the sale of goods, works or services that is registered with the Service to accept payments or has entered into the Agreement with the Operator.

1.5. Personal Account means the Partner’s personal section in the Service containing connection settings, transaction statistics and reporting.

1.6. Agreement means the payment services agreement entered into by the Operator with the Partner after verification, which sets out the individual terms of service for the Partner, including its annexes.

2. Subject of the Terms

2.1. The Operator provides the Partner with access to the functionality of the Service, and the Partner undertakes to use the Service in accordance with these Terms and the Agreement.

2.2. The Operator acts as a technology intermediary and is not a party to transactions between the Partner and its customers (payers). The Operator is not responsible for the quality, completeness or timing of the provision of goods, works or services by the Partner.

2.3. The individual terms of service for the Partner, including commercial terms, are determined by the Agreement and/or specified in the Partner’s Personal Account. These Terms set out the general rules for using the Service and do not contain individual commercial parameters.

2.4. In the event of any conflict between these Terms and the Agreement, the provisions of the Agreement shall prevail.

3. Connection Procedure

3.1. To connect, the Partner registers, provides accurate information about itself and its activities, and undergoes the verification (identification) procedure required by applicable law and the Operator’s rules.

3.2. The Operator may request from the Partner additional documents and information necessary for identification and assessment of the nature of its activities, and may refuse connection without giving reasons.

3.3. Upon successful verification, the Partner receives access to the Personal Account and integration tools and enters into the Agreement with the Operator.

4. Rights and Obligations of the Parties

4.1. The Operator undertakes to:

4.1.1. Take reasonable measures to ensure the availability of the Service, except during technical maintenance;

4.1.2. Ensure the technical capability to process transactions and make payouts in accordance with the Agreement;

4.1.3. Ensure the confidentiality and safety of the Partner’s data;

4.1.4. Provide technical support and transaction reporting in the Personal Account.

4.2. The Partner undertakes to:

4.2.1. Provide accurate information upon connection and keep it up to date;

4.2.2. Use the Service in accordance with these Terms, the Agreement, the documentation and applicable law;

4.2.3. Not grant third parties access to the Personal Account and ensure the confidentiality of its credentials;

4.2.4. Sell through the Service only those goods, works and services about which information has been provided to the Operator;

4.2.5. Independently settle all claims, disputes, refunds and other issues with its customers (payers) relating to the goods, works or services provided by the Partner.

5. Cost of Services

5.1. The cost of services is set individually for each Partner and depends on the nature of its activities, the volume and type of transactions, and other conditions. Specific rates, the amount of the fee, the procedure for its deduction and payout timelines are agreed with the Partner individually and recorded in the Agreement and/or in the Personal Account.

5.2. The Operator may change the cost of services in the manner and within the time limits provided for in the Agreement, with prior notice to the Partner.

6. Prohibited Transactions

6.1. The Partner is prohibited from using the Service to carry out transactions related to activities prohibited by applicable law or the rules of payment systems, including those related to money laundering and terrorist financing.

6.2. The Operator may suspend service and/or payouts if there are reasonable doubts as to the legality of the Partner’s transactions, and may request supporting documents. The specific grounds for and consequences of violations are determined by the Agreement.

7. Liability of the Parties

7.1. For non-performance or improper performance of their obligations, the parties are liable in accordance with applicable law and the Agreement.

7.2. The Operator is not liable for: the quality of goods, works and services sold by the Partner; losses caused by unlawful actions of third parties; temporary unavailability of the Service for reasons beyond the Operator’s control.

7.3. The Service is provided on an “as is” basis. The Operator does not guarantee uninterrupted operation of equipment and communication channels and is not liable for losses arising from use of the Service contrary to these Terms and the Agreement.

7.4. To secure the performance of obligations and to cover possible refunds, disputed transactions and other claims, the Operator may form a reserve from the Partner’s funds. The amount of the reserve and the period and procedure for its withholding and return are determined by the Agreement.

8. Confidentiality

8.1. The parties undertake to keep confidential the information obtained in the performance of the Agreement and to take the necessary measures to protect it.

8.2. Personal data are processed in accordance with the Privacy Policy published on the Website at: https://payplatinum.io/ru/privacy-policy.

9. Intellectual Property

9.1. The exclusive rights to the Service, its software, design, databases, trademarks and other intellectual property belong to the Operator or its related parties.

9.2. The Partner is granted a limited, non-transferable right to use the Service and the integration tools provided solely to the extent necessary for the performance of the Agreement. No other intellectual property rights are transferred to the Partner.

9.3. The Partner is prohibited from copying, modifying or decompiling the software of the Service, as well as from using its name, trademarks and other designations without the prior written consent of the Operator.

10. Force Majeure

10.1. The parties are not liable for non-performance of obligations caused by force majeure circumstances: military operations, natural disasters, changes in legislation, imposition of sanctions or embargoes, and other extraordinary and unavoidable circumstances. The party affected by the impossibility of performance shall notify the other party within a reasonable time.

11. Term and Amendment of the Terms

11.1. These Terms apply to the Partner from the moment of registration with the Service and for the entire period of use of the Service, and after the conclusion of the Agreement — to the extent not governed by the Agreement.

11.2. The Operator may unilaterally amend the Terms by publishing a new version on the Website or in the Personal Account. Continued use of the Service constitutes consent to the amendments. Changes to the individual terms established by the Agreement are made in the manner provided for in the Agreement.

11.3. The Partner may stop using the Service by sending a notice to the Operator, provided that it has fully performed its obligations. Termination of the Agreement is carried out in the manner provided for in the Agreement.

11.4. The Operator may terminate the Partner’s access to the Service if the Partner breaches these Terms or on other grounds provided for by applicable law and the Agreement.

12. Final Provisions

12.1. All disputes shall be resolved through negotiations. Before applying to court, a party shall send a written claim; the period for responding to the claim is 30 calendar days. Relations governed by these Terms are subject to the law of the country where the Operator is located. If no agreement is reached, the dispute shall be considered by the competent court at the Operator’s location, unless otherwise provided by the Agreement.

12.2. The invalidity of any individual provision of the Terms does not entail the invalidity of the Terms as a whole.

12.3. For all questions relating to these Terms, the Partner may contact: info@payplatinum.io.

12.4. The Terms are drawn up in the Russian and English languages. The English text of the Terms is published at: https://payplatinum.io/en/terms. In the event of discrepancies between the Russian and English versions, the Russian version shall prevail.