1. General provisions

These Terms of Service (“Terms”) apply to the access and use of the virtual currency exchange service (“Services”) provided by Finfortis S.A. de C.V. available via the webpage (is currently in development) (“Website”). These Terms constitute an agreement between the customer (“you” or “your”) and Finfortis S.A. de C.V. (registration number 2024034841). Finfortis S.A. de C.V. has obtained the license issued by the Central Reserve Bank of El Salvador. License’s registration code 66fb34db9c3ab49e3172d9c0 (Comprobante Digital Para Proveedores De Servico Bitcoin).

The Terms enter into force after your acceptance and become legally binding for you. We promptly send a copy of the executed client agreement to each client after formal acceptance. This ensures that our clients have ready access to the agreed-upon terms and conditions, promoting transparency and maintaining a clear understanding of the governing relationship with our company.

Please be aware that Finfortis may revise these terms from time to time. Therefore, the Terms may be changed or amended. Any changes or amendments will be published in advance for a reasonable period of time on the Website. You might be notified about the updates of the Terms. The effective date which is at the top of the Terms informs you about the latest version of the Terms. Finfortis advise you to revisit this page from time to time to make sure you are familiar with the current version of the Terms. By continuing to access and use the Website or the Services after Finfortis has posted changes on the Website, or after notifying you via any electronic means, you are agreeing to accept the updated Terms. If you do not agree to any updated Terms, you should stop using the Website and the Services. In addition to rigorous adherence to all relevant laws, including consumer protection laws, our client agreements consistently uphold the overarching principle of acting honestly, fairly, and in the best interests of our clients and the market's integrity.

Our company places paramount importance on obtaining valid acceptance from all clients entering into client agreements. This acceptance, conducted in a form compliant with all applicable laws, is secured prior to initiating any VA activities. Our agreements are meticulously crafted to be fair, transparent, accurate, and sufficiently clear for clients, demonstrating our commitment to ensuring clarity and understanding, tailored to the nature of the services and our target market.

2. Eligibility criteria

To register the Account, You confirm that:
● You are at least 18 (eighteen) years old and have full legal capacity;
● You or your business are not residents of a sanctioned jurisdiction according to the EU legislation and FATF lists;
● You are not sanctioned by the EU, UN, USA or any authorities in the world;
● You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of the Services would be illegal or otherwise violate any applicable law;
● You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where Finfortis has determined, at its discretion, to prohibit the use of the Services. Finfortis may implement controls to restrict access to the Services from any jurisdiction prohibited pursuant to these Terms. You agree to comply with these Terms even if Finfortis’s methods to prevent the use of the Services are not effective or can be bypassed;
● You confirm that you have provided true and accurate data about yourself and your business during the account registration or during the usage of the Services. You shall update the information if the submitted information is not accurate anymore. You shall bear any losses that occur due to submission of invalid data;
● You agree that Finfortis has the right to require information which help Finfortis to identify and verify you and your business and all other people involved in this business, e.g Directors, Shareholders. Finfortis has a right to suspend your usage of the website in case you fail to submit the requested information or submitted information is considered to be inaccurate or incomplete;
● You are only transacting on the Website with legally-obtained funds that rightfully belong to the business;
● You understand and acknowledge that any delays in services are possible;
● You shall not use proxy and VPN or other software for concealing your IP-address.

3. User account

Finfortis grants the User a revocable, non-exclusive, non-transferable, non-sublicensable right
to use our website. Users need to create an account or register to use the website. However,
User’s mobile number is identified as the respective Finfortis User account and added to
Finfortis’s database. The use of the Finfortis website is subject to identification and verification,
as required by statutory and regulatory obligations incumbent on Finfortis. User agrees to
provide us with the information upon our request for the purposes of identity verification,
compliance with know-your-customer, know you business requirements, as well as prevention
of money laundering, terrorism financing, fraud or any other financial crime. No user shall act
on behalf of a third party.

The User shall ensure that any credentials and equivalent information required to access the
business account are kept confidential and used in a secure manner not accessible by third
parties as this is the user's sole responsibility. Users must ensure that they do not allow third
party access of any kind to the phone number they use to access the Finfortis website. It is
forbidden to act as intermediary of any kind or broker of any kind or trustee of any kind for
any person .
If you believe that someone has gained access to and/or used your phone number without
your consent or your account may be compromised, please contact us immediately in this
case.

You agree and understand that you are solely responsible (and you will not hold Finfortis
responsible) for managing, monitoring and maintaining the security of your login credentials
and any other required forms of authentication. You further agree and understand that Finfortis
is not responsible (and will not be held responsible) for any unauthorized access to or use of
your User Account. Our client agreements explicitly specify the applicable laws governing the
contractual relationship. This ensures clarity and transparency regarding the legal framework
within which our services and Virtual Asset (VA) activities are conducted.

4. Service

Finfortis provides virtual currency service, crypto-fiat for business customers.

You can sell Virtual currency and request to have your fiat transferred to your bank account. You shall have your own wallet for virtual or fiat currency. Finfortis does not provide you with any custodian services for virtual or fiat currency.

Your transactions to buy or sell virtual currency may be subject to limits due to security and legal requirements. You should ensure that your limits are sufficient to cover any transaction you intend to make as well as any applicable fees.

You agree that Finfortis is not responsible for any errors committed by your acts and/or commissions in connection with any transaction initiated via the Services. You agree that transactions you have initiated using the Services may not be reversed or canceled by you once submitted to or accepted by Finfortis. You understand and acknowledge that any delays in Services are possible.

5. Price

For each transaction Finfortis collects a fee. Fee is included in the rate. Finfortis has the right to adjust its rates depending on the market conditions.

Due to the exchange rate difference, the difference in the time of the transaction, as well as other circumstances affecting the course, the amount of the real price may be different from the stated.

6. Refunds

Finfortis’s refund policy applies exclusively to funds received from customers for exchanges of cryptocurrency through our website.

Please note that all exchanges made for fiat and cryptocurrency via the Finfortis services are final. Payments for exchanges made on our website are non-refundable, irrevocable and cannot be changed after the transaction has been completed and cryptocurrency is sent to the wallet address specified by the customer, this is why it is important to confirm the correct wallet address at the time of transaction. Please note that only transactions which have not been successful can be refunded. Refunds will not be done for incomplete or incorrect data by customers, data mismatch or other suspicious circumstances. In case of high risk transactions (Stolen funds, Terrorist Financing, Money laundering etc), we may freeze the funds or cryptocurrency for detailed investigation.
For Crypto to fiat transactions, refund will only be done to the wallet address the crypto provided in the ‘refund address’ field if there is a need for a refund. If a customer deliberately fails his transactions in a suspicious manner, we will freeze such funds.

To request a refund, the customer should contact Fin-fortis.com with a request for a refund and indicate the transaction number for which a refund is required.
Refunds are made by:
● SEPA (bank transfer)
● cryptocurrency
Please note that the refund enrollment to the customer’s bank account could take up to 10 business days, that depends on each bank’s internal policies and / or procedures, and which our company cannot influence in any way.

The refund commission is for:
● SEPA (bank transfer): 5 EUR or its equivalent in other fiat currency (plus bank fees)
● Card Payment: 5 EUR or its equivalent in other fiat currency (plus bank fees)
● Cryptocurrency (to crypto wallet): 5 EUR (plus miners fee)

7. Right of withdrawal

You explicitly give up your 8-day right of withdrawal, from which consumers benefit according to the Consumer Protection Law in order to allow Finfortis to transfer virtual currency or any other cryptographic blockchain-based digital information units (as digital content not stored on a physical data carrier) before the right of withdrawal expires.

8. Data protection

Privacy is very important to us. Full details of our Privacy Policy can be found at our Privacy Policy. By accepting these terms, you expressly allow Finfortis to process your personal data and in some circumstances export these data including IP address outside of the jurisdiction you are located or to governmental bodies at their request . We recommend you to read the Privacy Policy carefully, so that you know the data that Finfortis collects, uses and who Finfortis shares your data with.

9. Third-party content

Finfortis may provide information about third-party products, services, activities or events, or may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). Finfortis provides Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Finfortis does not control or endorse, and makes no representations or warranties regarding any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

Our agreements clearly outline the virtual assets that are currently supported or will be supported in the future, providing clients with a comprehensive understanding of the services offered. We address the dynamic nature of the virtual asset landscape, including responses to newly created VAs (e.g., from an "airdrop") or instances where a previously supported VA is no longer maintained (e.g., due to a "fork"). Our obligations include prompt assessment of the impact of such changes and clear communication with affected clients throughout the process. We incorporate provisions to address the risk of loss resulting from a failure of the services we provide, including any Custody Services if offered. Our agreements outline specific measures in place to mitigate the risk of loss, ensuring a secure environment for our clients' virtual assets.

Оur approach to market transparency includes a proactive measure to notify all Board members and Staff of their specific obligations. We ensure clarity and understanding by communicating these obligations in writing to individuals before the commencement of their employment with our VASP. This pre-employment notification serves as a foundational step to foster awareness, adherence, and a commitment to upholding market transparency standards within our organization. We ensure that all links or references to such policies or procedures are maintained and accurate at all times.

10. Anti-Money Laundering (AML) and Know Your Customer (KYC) policies

In order to let You use the Services, Finfortis must identify and verify your identity and that of your business. To create, maintain or upgrade your Account, You will be required to provide Finfortis with all the necessary and requested information. Finfortis does not store this information, but shares it with our third party verification partner, Sum and Substance. Please read the consent to personal data processing terms here https://sumsub.com/consent-to-personal-data-processing/.

By clicking agree on the Finfortis terms of service, you have automatically given consent to Finfortis to share your information with Sum and Substance for verification purposes.

The reasons why Finfortis needs to verify you can be found in our AML Policy.

11. Limited right of use. Intellectual property

Unless otherwise specified, all materials on this Website are the property of Finfortis and are protected by copyright, trademark and other applicable laws. You may view, print and/or download a copy of the materials from this Website on any single computer solely for your personal, informational and/or non-commercial use, provided you comply with all copyright and other proprietary notices.

The trademarks, service marks and logos of Finfortis and others used in this Website (“Trademarks”) are the property of Finfortis and their respective owners. The Trademarks and other materials should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated.

When accessing the Service, You shall not:
(i) negatively interfere with other customers; (ii) damage, disable or in any way disrupt the Website or the Services; (iii) conduct, pay for, support or in any way be involved in any illegal activities, including but not limited to money laundering, terrorist financing, fraud, illegal gambling, illegal weapons sale and drug trafficking; (iv) use any automated means or interface to access Services or to extract data; (v) use another customer’s account; (vi) provide false or misleading information to us.

12. Risk warning

Security risks could occur both from Finfortis and the user side. To ensure control over security risks, Finfortis has implemented the best security practices aiming to decrease security risk level to the lowest possible level and is updating and monitoring them constantly. However, no one can be 100% safe from security risks, therefore, it is very important that not only Finfortis but also the user acts with due care when it comes to preventing security incidents from taking place.

To mitigate security risks, it is important to understand how they may occur and what may have an impact on their occurrence. Examples of the security risks are leak or theft, or loss of User’s identity information or Identifier, other fraudulent act enabling third parties to make abusive, fraudulent or unauthorized use of User’s Account which in this case is phone number, for instance, placement of payment orders on behalf of the User without actual authorization of the User. In addition, technical problems may occur in the User’s computer or the internet being used for Services or even in the network of mobile telephone operators which can prevent or suspend the use of the Services. All these actions can lead to losses for the User as well as be a part of other illegal actions, including money laundering / terrorist financing.

The User is responsible for preserving the device used to access our Services and for non-disclosing Identifiers to third parties. To receive Services in a compliant and safe manner, the User undertakes the following main responsibilities:

(i) Not to leave devices and/or Identifiers accessible to third parties or allow third parties have access to these devices or identifiers;

(ii) To ensure all measures ensure optimal security of User’s equipment being used to gain Services (for instance, to install antivirus software, anti-spyware, firewalls, etc.);

(iii) Take all other measures and make actions that could be reasonably expected from the User wishing to ensure safety of User’s credentials and Identifiers and not to make its User Account or Services available to unauthorized third parties.

13. Limitation of liabilities. Indemnities

To the extent permitted by law, Finfortis shall not be liable for any damages, losses of profit, usage or data, loss of business, failure to use the Services, customers misunderstanding of Services or any other loss originated from negligence or fraud or otherwise arising out of or connected to the Services or these Terms.

You shall indemnify and hold harmless Finfortis, its affiliates, contractors, licensors and respective shareholders, members, directors, officers, employees, attorneys, agents and suppliers from any claim, damage, lawsuit, tort, cost or expenses.

The Service is provided on an “as is'' and “as available” basis without any warranty or representation expressed or implied. Finfortis does not make any representations or give warranties that the access to the Website, use of the Service, functionality of Account will be continuous, uninterrupted, timely or error-free.

You understand and agree that Finfortis shall not be liable in connection with any force majeure event, including labor disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, software or smart contract bugs or weaknesses, earthquakes, storms, orothernature-related events, blockages, embargoes ,riots,s trikes, acts or orders of government authority, acts of terrorism or war, technological change, changes in interest rates or virtual currencies or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol.

14. Taxes: compliance with local regulations

It is your responsibility to comply with local laws in respect to the legal usage of the Services and the regulatory qualification of virtual currencies in your jurisdiction.

You are responsible for determining what taxes apply and in which measure to the authorised use of the Services. You should report and remit the correct taxes to the appropriate tax authority. Finfortis is not responsible for determining your tax obligations.

15. Miscellaneous

If Finfortis is unable to perform the Services outlined in the Terms due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctionspolicy, Finfortis shall not be liable for the Services provided under these Terms during the time period coincident with the event.

These Terms set forth the entire understanding between Finfortis and you with respect to the Service. You agree to rely only on the Terms alone. These Terms supersede any previous statements made by Finfortis.

If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

No failure of Finfortis to exercise any right, power or privilege under these Terms is deemed to be a waiver thereof, nor any partial exercise of a right, power or privilege should preclude the exercise of the entire or other right, power or privilege.

You may not assign any of the rights conferred to you under these Terms without prior written consent from Finfortis. Finfortis may assign any right or obligation under these Terms without any notice to or consent from you.

These Terms are provided in English. Any translation has the sole purpose of being convenient for you. In case of any inconsistency, contradiction or doubt, the English version of these Terms shall prevail.

16. Jurisdiction

The Terms shall be governed and construed in accordance with the law of the Republic of El Salvador. You hereto agree to irrevocably submit to the exclusive jurisdiction of the courts of the Republic of El Salvador.

17. Termination and suspension

You may terminate the agreement with Finfortis at any time on the basis provided by law. You agree that Finfortis may terminate the agreement with you and suspend or cancel your Account in case of, but not limited to,(i) non-conformity to the requirements from these Terms, (ii) a requirement from any applicable law to which Finfortis is subject in any jurisdiction, (iii) an order from a court or other governmental authority (iv) unusual, unauthorised or fraudulent activity in your Account (v) false, misleading, inaccurate, incomplete or outdated information (vi) any other reasons that Finfortis deems relevant for termination of the Terms between You and Finfortis and suspension or cancellation of your Account.

Finfortis shall have the right to file claims against You or your legal representative for compensation. Upon termination, suspension or cancellation on the basis of the previous clauses, You will be denied access to the Services temporary or permanently.

18. Contact & Complaints handling

If You have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of the Website and the Service, your Account or any other matter, please contact info@fin-fortis.com.

Investigation and Resolution Timeframe:
Acknowledgment: We commit to acknowledging all complaints within one week of receipt. Resolution: Our standard practice is to resolve complaints within four weeks. In exceptional circumstances, we will provide clients with a status update within four weeks, explaining any extraordinary circumstances. The resolution will be completed no later than eight weeks from the date of the initial complaint.

(i) Client-Friendly Complaint Submission:
We provide an easy-to-use template form for filing complaints, ensuring accessibility and clarity in our submission process. Clients are not limited to a single channel or form for submitting complaints, promoting flexibility and convenience.

(ii) Handling Complaints Involving Third-Party Entities:
In cases where third-party Entities are involved in VA Activities, we have established procedures to facilitate the handling of complaints between clients and these entities. We maintain responsibility for the resolution of such complaints, ensuring a seamless process for our clients.

(iii) No Imposition of Fees or Charges:
We do not impose any fees or charges for the submission or handling of complaints, emphasizing our commitment to fair and accessible complaint resolution.

Effective Complaint Handling Procedures:
● Disclosure on Website: Our procedures for the prompt, fair, and consistent handling of complaints are transparently disclosed on our website. Clients can easily access and understand our complaint handling processes.
● Recognition of Complaints: We have defined when a complaint is considered officially made and established clear mediums and channels for monitoring and recognizing complaints. This information is available through our disclosed procedures.
Our Complaints Handling processes are designed to prioritize client concerns, ensuring a fair, transparent, and efficient resolution of any issues raised.

19. Public disclosures

We are committed to providing comprehensive and up-to-date information through our Public Disclosures. Here's how we address the specified requirements:

Responsible Individuals:
- The names of all Responsible Individuals: ________. This information is presented in a machine-readable format for enhanced transparency.
VA Standards:
- Our website includes a clear and detailed description of our `VA Standards as all VASPs shall publish the specified information on their official website. This information is regularly reviewed and updated to ensure accuracy and relevance.
Material Risks Associated with VAs:
- We prioritize transparency regarding the material risks associated with Virtual Assets (VAs). Our public disclosures feature a detailed description of these risks, including, but not limited to:
a. The acknowledgment that VAs may lose their value, either in part or in full.
b. A statement on the potential limitations on the transferability of VAs.
c. Information on the liquidity aspect of VAs.
d. An explicit note on the susceptibility of VAs to fraud, manipulation, theft (including hacks), and other targeted schemes, emphasizing the potential for loss.
Our commitment to maintaining accurate and up-to-date information in a machine-readable format reflects our dedication to transparency and accountability in providing essential details about Responsible Individuals, VA Standards, and the inherent risks associated with Virtual Assets.