Yomer services are provided by Yomer OÜ, an Estonia entity. Yomer OÜ is not a regulated financial services provider.
This is a contract between you and Yomer OÜ, a private limited company incorporated in Republic of Estonia. By signing up to use an account through yomer.com, or any associated websites, APIs, or mobile applications (collectively the "Yomer Site"), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, as well as our Privacy Policy and other legal agreements. If there is anything in this document which you do not understand or with which you do not agree, do not use our services.
To be eligible to use the Yomer Services, you must be at least 18 years old. Your eligibility to access certain Yomer Services also depends on the country in which you reside. Before using, learn about possible restrictions in accordance with the laws of your residence country.
Important note: Yomer does not accept any users in the USA (residents and citizens), Afghanistan, Albania, Algeria, Bangladesh, Bahamas, Bolivia, Bosnia and Herzegovina, Botswana, Brunei, Burundi, Canada, Central African Republic, Chad, Congo Republic, Cote D'Ivoire (Ivory Coast), Crimea Region, Cuba, Democratic Republic of Congo, Egypt, El Salvador, Ethiopia, Ghana, Guyana, Guinea, Guinea-Bissau, Iran, Iraq, Japan, Laos (Lao PDR), Lebanon, Lesotho, Libya, Macedonia, Mali, Morocco, Myanmar, Namibia, Nepal, Nicaragua, North Korea (Democratic People's Republic of Korea), Saudi Arabia, Serbia, Somalia, Sudan, South Sudan, Syria, Tunisia, Turkey, Uganda, Vanuatu, Venezuela, Yemen, Zimbabwe.
If you are traveling to any of these countries, you acknowledge that our services may be unavailable and/or blocked in such countries. Yomer reserves the right to impose additional requirements or conditions before accepting users residing in or from specific countries in its sole discretion.
You acknowledge and agree that by clicking the “I agree” button or similar buttons or links as may be designated by Yomer to show Your approval of any foregoing texts, the use of the Services (as defined below), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through our websites and platforms. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
Your Yomer account ("Yomer Account") encompasses the following basic Yomer services: one or more Digital Currency wallets that allow users to store certain supported digital currencies, like Bitcoin, Litecoin or Ethereum ("Digital Currency"), and to track, transfer, and manage their supported Digital Currencies (the "Digital Currency Wallet"); Digital Currency conversion services through which users can buy and sell supported Digital Currencies in transactions with Yomer (the "Exchange Services"); and a Fiat Currency (e.g. USD, EUR, RUB) account for use in connection with other Yomer Services (a "Currency Wallet") and for eligible users, a Digital Currency exchange service (collectively the "Yomer Services").
The risk of loss in trading or holding Digital Currency can be substantial. You should therefore carefully consider whether trading or holding Digital Currency is suitable for your financial condition.
In order to use any of the Yomer Services, you must first register by providing your full name, E-mail address, password, and affirming your acceptance of this Agreement. Yomer may, in our sole discretion, refuse to allow you to establish a Yomer Account. You can use only one Yomer Account for personal use. If additional accounts are created for the same name, all accounts will be blocked.
In order to use certain features of the Yomer Services, including certain transfers of Digital Currency and/or government-issued currency ("Fiat Currency"), you will be required to provide Yomer with certain personal information, including, but not limited to, your full name, address, phone number, E-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number). In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update Yomer if any information changes.
You hereby authorize Yomer to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
The Digital Currency Wallet services allow you to deposit, withdrawal and store supported Digital Currency to instructions you provide through the Yomer Site (each such transaction is a "Digital Currency Transaction").
Yomer reserves the right to refuse to process or to cancel any pending Digital Currency Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits Yomer cannot reverse a Digital Currency Transaction which has been broadcast to a Digital Currency network. The Digital Currency Wallet services are available only in connection with those Digital Currencies that Yomer, in its sole discretion, decides to support. The Digital Currencies that Yomer supports may change from time to time. If you have any questions about which Digital Currencies Yomer currently supports, please visit support (online chat). Under no circumstances should you attempt to use your Digital Currency Wallet services to store, deposit, or withdrawal digital currencies in any form that are not supported by Yomer. Yomer assumes no responsibility or liability in connection with any attempt to use Yomer Services for digital currencies that Yomer does not support.
Yomer processes supported Digital Currency according to the instructions received from its users and we do not guarantee the identity of any user, or other parties. You should verify all transaction information prior to submitting instructions to Yomer. Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your Yomer Account balance or be available to conduct transactions. Yomer may charge network fees (miner fees) to process a Digital Currency transaction on your behalf. Yomer will calculate the network fee in its discretion, although Yomer will always notify you of the network fee at or before the time you authorize the transaction.
Yomer securely stores Digital Currency Hot Wallets' private keys in our control in a combination of online and offline storage. As a result, it may be necessary for Yomer to retrieve certain information from offline storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, which may delay the initiation or credit of such Digital Currency Transaction for 48 hours or more. You acknowledge and agree that a Digital Currency Transaction facilitated by Yomer may be delayed.
Yomer does not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the Yomer platforms, you acknowledge and agree (i) that Yomer is not responsible for operation of the underlying protocols and that Yomer makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/b “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Currency you store in the Yomer platform. In the event of a fork, you agree that Yomer may temporarily suspend Yomer operations (with or without advance notice to you) and that Yomer may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that Yomer assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.
Eligible users in certain jurisdictions may buy or sell supported Digital Currency through the Exchange Services. The Exchange Services are subject to the Yomer "Exchange Rate" for the given transaction. "Exchange Rate" means the price of a given supported Digital Currency amount in terms of Fiat Currency or other Digital Currency as quoted on the Yomer Site. The Exchange Rate is stated either as a "Buy Price" or as a "Sell Price", which is the price in terms of Fiat Currency or Digital Currency at which you may buy or sell supported Digital Currency to Yomer. You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time and that Yomer may add a margin or “spread” to the quoted Exchange Rate. You agree, as a condition of using any Yomer Exchange Services, to accept the Exchange Rate as the sole conversion metric. Yomer reserves the right to delay any Exchange Service transaction if it perceives a risk of fraud or illegal activity. Yomer does not guarantee the availability of its Exchange Service, and the act of purchasing supported Digital Currency from Yomer does not result in a guarantee that you may sell your supported Digital Currency to Yomer.
After successfully completing the verification procedures, you may purchase supported Digital Currency by linking a valid payment method. You authorize Yomer to initiate debits from your selected payment method(s) in settlement of purchase transactions. Exchange Fee (defined below) applies to all purchase transactions. Although Yomer will attempt to deliver supported Digital Currency to you as promptly as possible, funds may be debited from your selected payment method before Digital Currency is delivered to your Yomer Account. We will make best efforts to fulfill all transactions, but in the rare circumstance where Yomer cannot fulfill your purchase order, we will notify you and seek your approval to fulfill the purchase order at the contemporaneous Buy Price Exchange Rate. To secure the performance of your obligations under this Agreement, you grant to Yomer a lien on and security interest in and to the balances in your account.
After successfully completing the verification procedures, you may sell supported Digital Currency by linking a valid payment method. You authorize Yomer to debit your Yomer Account(s) and initiate payments to your selected payment method(s) in settlement of sell transactions. An applicable Exchange Fee (defined below) applies to all sale transactions. Your receipt of funds will depend on the payment type and may take up to three or more business days.
Each Exchange Service transaction is subject to a fee (an "Exchange Fee"). The applicable Exchange Fee is displayed to you on the Yomer Site prior to you completing an Exchange Service transaction. Yomer will not process a conversion transaction if the Exchange Fee and any other associated fees, such as wire transfer fees, would exceed the value of your transaction. Payments using other methods not described below, such as wire (if permitted), are subject to different transaction fees disclosed to you before you authorize the transaction. The availability of each Payment Method depends on a number of factors, including but not limited to your location, the identification information you have provided to us, and limitations imposed by third-party payment processors. Yomer reserves the right to adjust its Exchange Fees and any applicable waivers at any time. We will always notify you of the Exchange Fee which applies to your transaction, both at the time of the transaction and in each receipt we issue to you.
You can view the current fee applicable to your location and payment method at our Fees page.
You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorize Yomer, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including Yomer balances or other linked accounts, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider.
Yomer reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of Digital Currency in its sole discretion, even after funds have been debited from your account(s), if Yomer suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if Yomer reasonably suspects that the transaction is erroneous; or if Yomer suspects the transaction relates to prohibited use or a prohibited Business as set forth below. In such instances, Yomer will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the canceled transaction.
Yomer may use a third-party payment processor to process any Fiat Currency payment between you and Yomer, including but not limited to payments in relation to your use of the Exchange Service or deposits or withdrawals from your Currency Wallet or Yomer Account.
All registered users may establish and fund only one Currency Wallet to facilitate transactions on the Yomer platform. You are the owner of the balance of your Currency Wallet. Yomer holds the balance of your Currency Wallet in a dedicated custodial account with a financial institution. All funds held in a Currency Wallet are held on trust by Yomer for the benefit of the user, or by a licensed Electronic Money Institution on behalf of the user.
You may initiate a transfer from your linked credit card or the bank account to fund a Currency Wallet. Fees may apply to deposits and withdrawals from your Currency Wallet. All fees will be clearly disclosed in your Yomer account and at Fees page. For deposits, Yomer will credit your Currency Wallet a corresponding amount of Fiat Currency after funds are delivered to Yomer, typically within two to five business days after you authorize a deposit. For withdrawals, Yomer will immediately debit your Currency Wallet when you authorize a withdrawal and funds will typically settle to you within two to five business days. Bank fees are netted out of transfers to or from Yomer. We will not process a transfer if associated bank fees exceed the value of the transfer.
We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Yomer Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by Yomer from time to time. Any other use of the Yomer Site or Content is expressly prohibited and all other rights, title, and interest in the Yomer Site or Content is exclusively the property of Yomer and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. "Yomer.com", "Yomer" and all logos related to the Yomer Services or displayed on the Yomer Site are either trademarks or registered marks of Yomer or its licensors. You may not copy, imitate or use them without Yomer's prior written consent.
Although we intend to provide accurate and timely information on the Yomer Site, the Yomer Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Yomer Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Yomer Site.
If, to the extent permitted by Yomer from time to time, you grant express permission to a third party to access or connect to your Yomer Account, either through the third party's product or service or through the Yomer Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your Yomer Account. Further, you acknowledge and agree that you will not hold Yomer responsible for, and will indemnify Yomer from, any liability arising out of or related to any act or omission of any third party with access to your Yomer Account. You may change or remove permissions granted by you to third parties with respect to your Yomer Account at any time through the Account Settings (Integrations) page on the Yomer Site.
In connection with your use of the Yomer Services, and your interactions with other users, and third parties you agree and represent you will not engage in any prohibited business or prohibited use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your Yomer Account and/or block transactions or freeze funds immediately and without notice, if we determine, in our sole discretion, that your Account is associated with a prohibited use and/or a prohibited business.
Your use of the Yomer Services and the Yomer Site is subject to international export controls and economic sanctions requirements. By sending, receiving, buying, selling, trading or storing Digital Currency through the Yomer Site or Yomer Services, you represent and warrant that you will comport with those requirements. Without limiting the foregoing, you may not acquire Digital Currency or use any of the Yomer Services through the Yomer Site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury's financial sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial sanctions regime; or (2) you intend to supply any acquired or stored Digital Currency or Yomer Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury's financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime.
The use of all Yomer Services is subject to a limit on the amount of volume, stated in Fiat Currency terms, you may transact or transfer in a given period (e.g., daily). Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. Yomer reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request at support (online chat). We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with Yomer staff (such process, "Advanced Due Diligence"). Yomer reserves the right to charge you costs and fees associated with Advanced Due Diligence provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Advanced Due Diligence.
Yomer may: (a) suspend, restrict, or terminate your access to any or all of the Yomer Services, and/or (b) deactivate or cancel your Yomer Account if:
If Yomer suspends or closes your account, or terminates your use of Yomer Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits Yomer from providing you with such notice. You acknowledge that Yomer's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to Yomer's risk management and security protocols. You agree that Yomer is under no obligation to disclose the details of its risk management and security procedures to you. You will be permitted to transfer Digital Currency or funds associated with your Digital Currency Wallet and/or your Currency Wallet for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. If Yomer suspends or closes your account or terminates your use of Yomer Services for any reason Yomer reserves the right to require you to complete the verification procedures before permitting you with a transfer or withdraw Digital Currency or Fiat Currency.
You may cancel your Yomer Account at any time by withdrawing all balances and visiting support (online chat) with registering an appropriate request. You will not be charged for canceling your Yomer Account, although you will be required to pay any outstanding amounts owed to Yomer. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
Yomer is an independent contractor for all purposes. Nothing in this agreement shall be deemed or is intended to be deemed, nor shall it cause, you and Yomer to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Yomer to be treated as the agent of the other.
If you receive information about another user through the Yomer Services, you must keep the information confidential and only use it in connection with the Yomer Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user's express consent to do so. You may not send unsolicited email to a user through the Yomer Services.
You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the Yomer Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Yomer Account by third parties and the loss or theft of any Digital Currency and/or funds held in your Yomer Account and any associated accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Yomer and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Yomer Account information has been compromised, contact Yomer Support immediately at support@yomer.com.
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Yomer Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your Yomer Account.
If Yomer is holding funds in your account, and Yomer is unable to contact you and has no record of your use of the Services for several years, applicable law may require Yomer to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, Yomer will try to locate you at the address shown in our records, but if Yomer is unable to locate you, it may be required to deliver any such funds to the applicable or jurisdiction as unclaimed property. Yomer reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
If you have any feedback, questions, or complaints, contact us via our Customer Support webpage at support (online chat) or write to us at Yomer OU, Kiriku 6, Narva, Ida-Virumaa, Estonia, 20308. When you contact us please provide us with your name, address, and any other information we may need to identify you, your Yomer Account, and the transaction on which you have feedback, questions, or complaints.
In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge your complaint within 24 hours of its receipt if you contact our Customer Support. A Customer Support specialist will consider your complaint without prejudice based on the information you have provided and any information provided by Yomer. Within four weeks of our receipt of your complaint a Customer Support specialist will address your complaint by sending you an e-mail ("Resolution Notice") in which a Customer Support specialist will: (i) offer to resolve your complaint in the way your request; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. Upon receipt of the Resolution Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Resolution Notice. Failure to respond to a Resolution Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint. If you are late in responding to the Resolution Notice, Yomer may treat your response as if it has been submitted on time.
In the event that you reject an offer or determination ("Rejection"), please set out the reasons for the Rejection and include any additional information that you believe is pertinent to your complaint. Any Rejection will be treated as an application to appeal the offer or determination set out in the Resolution Notice. Our Customer Support Supervisor ("Supervisor") will impartially consider your complaint (including any additional information provided). We will acknowledge your Rejection within 24 hours of its receipt if you contact us in the prescribed electronic way, and within ten business days if you contact us in any other prescribed way. Within four weeks of our receipt of the Rejection the Supervisor will address your complaint by sending you an e-mail ("Final Notice") in which the Supervisor will: (i) uphold the Resolution Notice; or (ii) reject the Resolution Notice. Notwithstanding its decision regarding the Resolution Notice, the Supervisor may also make a new offer to resolve the complaint. Upon receipt of the Final Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Final Notice. Yomer may extend the deadline for you to accept the offer. Failure to respond to a Final Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint. For consumers only: if you fail to respond to a Final Notice and file a claim in a competent court, your failure may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.
Any offer made under this section 7 will only become binding on Yomer if you accept the offer by following the instructions provided by Yomer within the stated timeframe. Any offer under this section 7 will not constitute any admission by Yomer of any wrongdoing or liability regarding the subject matter of the complaint. Any acceptance of an offer by you will constitute an acceptance that the complaint is resolved and an undertaking that you will not file a claim in any competent court against Yomer regarding the subject matter of the complaint. 7.5. Claims. This provision only applies to consumers. You agree to use the complaints procedure of Section 7 before filing any claim in a competent court. Failure to comply with this provision may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attacks. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Yomer. Always log into your Yomer Account through the Yomer Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
IN NO EVENT SHALL YOMER, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY ON DEPOSIT IN YOUR Yomer ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE Yomer SITE OR THE Yomer SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Yomer HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT Yomer FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE YOMER SERVICES ARE PROVIDED ON AN "ASIS" AND "AS-AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Yomer SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. Yomer DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE Yomer SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
Yomer makes no representations about the accuracy or completeness of historical Digital Currency price data available on the Site. Yomer will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Yomer makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
This Agreement, Privacy Policy, Cookies Policy, AML/KYC Policy, Data Protection Policy, and appendices incorporated by reference herein comprise the entire understanding and agreement between you and Yomer as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and Yomer. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
We may amend or modify this Agreement by posting on the Yomer Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the Yomer Services, or suspension or termination of your access to the Yomer Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website and/or email before the material change becomes effective.
You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any Yomer affiliates or subsidiaries, or to any successor in interest of any business associated with the Yomer Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
In the event that Yomer is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, Yomer Account cancellation, debts owed to Yomer, general use of the Yomer Site, disputes with Yomer, and general provisions, shall survive the termination or expiration of this Agreement.
This Agreement will be governed by Estonian law and the non-exclusive jurisdiction of the Estonian courts.
We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
You may not use your Yomer Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Yomer Services involves a Prohibited Use, or have questions about how these requirements apply to you, please submit a request at support (online chat). By opening a Yomer Account, you confirm that you will not use your Account to do any of the following:
Yomer uses multi-level systems and procedures to collect and verify information about you in order to protect Yomer and the community from fraudulent users and to keep appropriate records of Yomer's customers. Your access to one or more Yomer Services, and limits including daily or weekly exchange limits, deposit, withdrawal and trading limits, and limits on transactions from a linked payment method may be based on the identifying information and/or proof of identity you provide to Yomer.
Yomer may require you to provide additional documents or verify additional information or to wait some amount of time after completion of a transaction, before permitting you to use any Yomer Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your account by visiting your account's profile page.
You may submit a request at support to request increase the limits for your account. Yomer may require you to submit to Advanced Due Diligence. Additional fees and costs may apply, and Yomer does not guarantee that we will raise your limits.
This policy describes how Yomer delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Yomer Account and your use of Yomer Services. Communications include:
We will provide these Communications to you by posting them on the Yomer website, emailing them to you at the primary email address listed in your Yomer profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
In order to access and retain electronic Communications, you will need the following computer hardware and software:
You may withdraw your consent to receive Communications electronically by contacting us at support (online chat). If you fail to provide or if you withdraw your consent to receive Communications electronically, Yomer reserves the right to immediately close your Account or charge you additional fees for paper copies.
It is your responsibility to provide us with a true, accurate and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if Yomer sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Yomer will be deemed to have provided the Communication to you.
You may update your information by logging into your account and visiting settings or by contacting our support team at support (online chat).
This Agreement governs your use of any and all development applications provided by Yomer, including, but not limited to Yomer's application programming interface and any accompanying or related documentation, source code, executable applications and other materials (the "Yomer API"), and any other resources or services available at https://yomer.com/api ("Yomer Services") provided to you pursuant to this Agreement (collectively, the "Developers API"). Use of the Developers API is subject to this Part 4 and is also subject to General Use terms, including without limitation the releases, indemnities, disclaimers, limitations of liability, prohibited use, dispute resolution, and cancellation policies set forth above.
Subject to the terms and restrictions set forth in this Agreement, Yomer provide you a limited, revocable, non-exclusive, non-transferrable and non-sublicensable license solely to use and integrate the Developers API and underlying content into your website or application (your "Application") so that your Application can interface directly with Yomer devices, applications, or services.
By using the Developers API, you agree to the following terms:
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Yomer, its affiliates and their respective directors, officers, employees and agents from and against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (a) your use of the Yomer API or your Yomer Account in violation of this Agreement, (b) your Application that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property rights of any person or defames any person or violates their rights of publicity or privacy, or (c) your failure to secure and keep secret your API key(s).
As between Yomer and you, the Developer's API, Yomer Marks, and all intellectual property rights therein and thereto are and shall at all times remain the sole and exclusive property of Yomer and are protected by applicable intellectual property laws and treaties. You have no rights with respect to Developer's API or Yomer Marks except as expressly set forth herein. If you obtain Yomer's prior written consent, you may use and display Yomer's name and logo ("Yomer Marks") solely to attribute the Developer's API as the source of your Application.
Yomer may set limits on the number of API calls that you can make at its sole discretion, for example in the interest of service stability. If you exceed these limits, Yomer may moderate your activity or cease offering you access to the Yomer APIs altogether in Yomer's sole discretion. You agree to such limitations and will not attempt to circumvent such limitations. Yomer may immediately suspend or terminate your access to the Developer's API without notice if Yomer believes, in its sole discretion, that you are in violation of this Agreement or the Terms.
Yomer may elect to provide you with support or modifications for the Developer's API, in its sole discretion, and may terminate such support at any time without notice. Yomer may change, suspend, or discontinue any aspect of the Developer's API at any time, including the availability of any Developer's API.
You will use all reasonable efforts to protect Customer Data (as defined below) collected by your Application, including without limitation any personally identifiable information, from unauthorized access or use. In the event your systems or infrastructure that is used for storage, processing or hosting Customer Data are breached or compromised, or if Customer Data is inadvertently exposed to non-authorized third parties, you shall notify Yomer promptly of such a breach or exposure including root cause, remediation steps, and compensating controls to ensure such a breach does not occur in the future. You are responsible for providing customer notification under the state breach notification statutes and any other applicable privacy laws and you will bear the costs incurred by Yomer resulting from your breach or exposure. You acknowledge that you are solely responsible for any personal injury or property damage arising from or relating to your use of any Developer's API or any authorized or unauthorized use of your Application.
"Customer Data" means any and all technical information, personally identifiable information, device usage information, or other information derived from access to or use of any of the Developer's API, including but not limited to data that relates to any end users of any Yomer products or services or pertains to use of any Yomer products or services by such end-users. You acknowledge and agree that you are solely responsible for obtaining all required consents from end-users in connection with any use of your Application and the Developer's API, which consent shall be compliant with all applicable data protection legislation and other privacy laws, rules, and regulations. Without limiting the foregoing, before collecting any Customer Data or other information from end users of your Application, you must provide adequate notice of what Customer Data and other information you collect and how it will be used and/or shared and obtain any necessary consents. You and your Application will comply with all privacy laws and regulations (including those applying to personally identifiable information) in connection with your access and use of the Developer's API. You will provide and adhere to a privacy policy for your Application that: (i) complies with all applicable laws, rules, and regulations, (ii) is conspicuously displayed to all end users of your Application, and (iii) clearly and accurately describes to end-users of your Application what data and user information you collect (such as personally identifiable information, login information, etc.) and how you use and share such information (including for advertising) with Yomer and third parties. If a user requests of you or Yomer to have any Customer Data that may be considered personally identifiable information under any law, rule, or regulation throughout the world deleted, you agree to promptly honor the user's or Yomer's request and to delete all such data and information from your servers and other assets, including back-ups, to the extent reasonably possible, or to anonymize all user data so it cannot be tied back to a user's identity.
You will not sell any Customer Data or disclose any Customer Data to any third party. Your Application may use Customer Data only as required for use and access to your Application by the end-user to whom such Customer Data relates. You shall not sublicense the Customer Data to any third party, and you shall not use or disclose any information derived directly or indirectly from the Customer Data for any purpose other than as set forth above. Without limiting the generality of the foregoing, you shall not use any part of the Customer Data to create a database separate from your Application or transmit all or part of the Customer Data to any third party for any use separate from your Application. Any use of Customer Data other than as expressly permitted by this Agreement is strictly prohibited.