Terms & Conditions

Last Updated 17.07.2025
Effective Date 17.07.2025

1. Introduction

1.1 These Terms constitute a legally binding agreement between Users and Odin Pay governing your access to and use of our publicly accessible Website.

1.2 Odin Pay s.r.o. is a company duly incorporated and registered under the laws of the Czech Republic, company number: 223 56 312, with its registered office at Olšanská 54/3 Prague 3 Žižkov 130 00, Czech Republic.

1.3 The Company is applying for authorisation as a CASP under MiCA and is supervised by Czech National Bank.

1.4 By accessing or using the Website, you confirm that you have read, understood, and agreed to be bound by these Terms, along with our Privacy Policy, AML/CFT Policy, and any additional terms referenced herein. If you do not agree, you must not use or access the Website.

1.5 These Terms apply only to the use of the Website. Your usage of our Services is governed by a separate Customer Agreement that must be accepted when you register an account on our Platform.

2. Definitions

2.1 The following terms shall have the meaning assigned to them below:

3. Eligibility And Prohibition Of Use

3.1 To use the Website, you must:

3.1.1 Be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and be capable of entering into legally binding agreements;
3.1.2 Possess full legal capacity and not be under guardianship or legal restriction according to the laws of your country of residence;
3.1.3 Act on your own behalf or with proper legal authorization, if acting on behalf of a legal entity;
3.1.4 Not be included on any international sanctions or restricted parties lists, including but not limited to the U.S. Office of Foreign Assets Control (OFAC), United Nations (UN) sanctions list, European Union (EU) restrictive measures, or similar lists maintained by other jurisdictions;
3.1.5 Not be a resident of, or physically located in, any country or territory that is subject to comprehensive sanctions or embargoes, or that is otherwise designated as a Restricted Country by the Company. This includes, but is not limited to, jurisdictions where use of the Website or Services would violate local laws or regulations.

3.2 You may not access or use the Website if:

3.2.1 You have previously been suspended, banned, or had your account terminated by the Company or any of its affiliated services due to a violation of our Terms of Use, Privacy Policy, or other related agreements. Any attempt to re-register, create a new account, or access the Website in circumvention of such measures is expressly forbidden;
3.2.2 Your access to or use of the Website would constitute a breach of applicable laws or regulations in your jurisdiction, including laws concerning data protection, cybersecurity, anti-money laundering, export controls, or digital services;
3.2.3 You are directly or indirectly representing, affiliated with, or acting on behalf of an individual, organization, government body, or entity that is subject to international sanctions, trade restrictions, or embargoes. This includes but is not limited to entities listed by: the U.S. Office of Foreign Assets Control (OFAC), the United Nations Security Council, the European Union (EU) Sanctions Lists, Her Majesty’s Treasury (UK), or any similar authority in a relevant jurisdiction;
3.2.4 You use the Website for the benefit of third parties who are themselves prohibited from using the Services, even if you personally meet the eligibility criteria;
3.2.5 You attempt to disguise your identity, location, or affiliation by falsifying information, using VPNs or proxy services for the purpose of bypassing geographic or policy restrictions.

3.3 You are solely responsible for ensuring that your use of the Website is lawful under the laws that apply to you. We reserve the right to restrict access where required by applicable laws, supervisory guidance, or international sanctions.

4. Account Registration And Security

4.1 Browsing the Website does not require registration. However, to access our regulated crypto-asset services, you must enter into a Customer Agreement and register an account through our dedicated onboarding process.

4.2 You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You must immediately notify us if you suspect any unauthorised access or security breach. The company will take all possible security measures to ensure the highest level of protection for your account.

4.3 Subject to Applicable Law, we reserve the right to suspend, restrict or terminate your access to the Website or any connected Services and to deactivate your account, including without limitation:
4.3.1 where it is our reasonable opinion that we are required to do so by Applicable Law or any court or other adjudicating authority to which we are subject in any jurisdiction;
4.3.2 upon reasonable suspicion that you may be in breach of these Terms or are otherwise trying to circumvent these Terms;
4.3.3 upon reasonable suspicion that a transaction is fraudulent or erroneous;
4.3.4 upon reasonable suspicion that your account has been compromised, or the Services are being used in a fraudulent or unauthorised manner;
4.3.5 upon reasonable suspicion of money laundering, terrorist financing, fraud or any other financial crime;
4.3.6 upon reasonable suspicion that you are conducting any fraudulent or illegal activities including but not limited to any Ponzi scheme, pyramid scheme, phishing or dark-net transactions;
4.3.7 where any of your wallets or you are subject to pending litigation, investigation, or government proceedings.

4.4 We are not liable for any damages you may incur as a result of restricted access to the website and/or your account and/or the Company’s Services, arising from the above-mentioned conditions and/or other conditions specified in the Company’s policies.

5. Description Of Services

5.1 Our Services, which are offered only upon execution of a separate Customer Agreement, include the following categories of crypto-asset services as defined under the MiCA and Applicable Law.

5.2 Custody and Administration of Crypto-Assets:
5.2.1 The Company provides services for the safekeeping and administration of crypto-assets on behalf of its Customers, offering custodial Wallets for the secure holding and administration of supported Crypto-Assets.

5.2.2 Customer Crypto-Assets are held in segregated Wallets and recorded separately from the Company’s own assets and from those of other Customers. The Company shall not use, lend, pledge, or otherwise dispose of Customer Crypto-Assets for its own benefit. The Company maintains exclusive control over all private keys used in the custody infrastructure. The Customer retains full beneficial ownership of the assets held in the Wallet at all times.

5.2.3 Customers may request deposits and withdrawals via the Platform, subject to internal verification, compliance screening, and available balances. The Company’s custody infrastructure is protected through industry-standard encryption, secure key storage, access controls, and monitoring tools.

5.2.4 Information regarding the protection of Customer ownership rights over crypto-assets (“Safeguarding Measures of Protection of Ownership Rights of Clients”) is published on the Website and detailed in the relevant Custody and Administration Policy. You can receive the “Summary of Custody and Administration Policy” to get more information regarding this Service. Please contact us via email: [email protected] to receive more information.

5.3 Exchange of Crypto-Assets and Funds
5.3.1 The Company enables the Customer to exchange supported Crypto-Assets and Funds via the Platform.
5.3.2 The following types of exchange transactions are supported:
5.3.2.1 Crypto-to-Funds Exchange – exchanging Crypto-Assets into Funds;
5.3.2.2 Funds-to-Crypto Exchange – exchanging Crypto-Assets using Funds;
5.3.2.3 Crypto-to-Crypto Exchange – exchanging one supported Crypto-Asset into another.

5.3.3 The Company executes all transactions in its own name and for its own account (principal model). It does not act as a broker or agent. Exchange rates are based on data from liquidity providers, external exchanges, and internal pricing mechanisms. All rates are displayed to the Customer before confirmation. Applicable fees are disclosed prior to confirmation and detailed in Section 8 “Fees And Charges”. Transactions are processed and settled immediately upon confirmation, subject to sufficient balances and successful compliance screening.

5.3.4 Transaction minimums, maximums, or frequency caps may apply depending on asset type, legal requirements, or internal compliance thresholds. The Customer Agreement governs all exchange transactions and is published on the Website. The list of supported Crypto-Assets for the Services is determined and updated by the Company at its sole discretion. The current list is published on the Website.

5.4 Transfer Services for Crypto-Assets on behalf of Customers
5.4.1 The Company provides transfer services for Crypto-Assets, which consist of executing transfer instructions given by the Customer to move Crypto-Assets to distributed ledger addresses specified by the Customer.
5.4.2 Services are offered solely on the Customer’s explicit instruction and are subject to compliance with applicable regulatory requirements, including but not limited to obligations under the Travel Rule, and internal compliance and security procedures. The Company may support transfers to addresses both owned by the Customer and to third-party addresses, provided that all required verification and compliance checks have been completed. The Customer acknowledges that the Company acts solely as an executor of transfer instructions and does not assume responsibility for the ownership or correctness of the destination addresses provided by the Customer.
5.4.2 Transfer Services are subject to service fees and network transaction fees, as described in Section 8 “Fees And Charges”. Technical and operational details, including supported distributed ledger networks, estimated execution times, and confirmation requirements for transfer finality, are available in the “Transfer Services Summary”. The Company is not responsible for any losses incurred due to incorrect recipient addresses provided by the Customer. The Company reserves the right to delay, suspend, or cancel any transfer if suspicious activity is detected or required by legal obligations. The Company is not liable for any damages caused by such delays or cancellations, if such actions were taken in accordance with the requirements of Applicable Law or internal security policies.

5.5 General Exclusions and Service Notes
5.5.1 The Company accepts Funds solely for the purpose of executing a specific exchange transaction initiated by the Customer. Any Funds received will be held no longer than until the end of the next Business Day following the date of receipt. If no exchange transaction is executed by that time, the Funds will be returned to the Customer. Funds withdrawals are permitted only as the result of a completed crypto-to-Funds exchange. The Company does not provide payment account or money remittance services and is not authorised as a payment service provider under Directive (EU) 2015/2366 (PSD2).
5.5.2 The Company does not provide:
5.5.2.1 Investment advice or portfolio management;
5.5.2.2 Trading venue access or order matching;
5.5.2.3 Settlement, clearing, or brokerage services;
5.5.2.4 Calculation agency or price oracle services;
5.5.2.5 Any other activity outside the scope described above, unless expressly agreed under a separate agreement.

5.5.3 A current list of supported Crypto-Assets and Funds is available on the Company’s Website. The Company may update, restrict, or suspend support for any asset at its sole discretion, in line with legal, technical, or risk-based criteria. Customers will be notified in advance of any material change, where feasible.
5.5.4 The Customer acknowledges that the Services provided under this Agreement are not covered by any investor compensation scheme or deposit guarantee scheme under Union law, in accordance with MiCA.
5.5.5 The Customer assumes all risks associated with the use of Crypto-Assets and is encouraged to review all applicable risk disclosures made available by the Company, available via the link.

6. Prohibited Uses And Businesses

6.1 You may not use the Website or Services to engage in activities that are unlawful, abusive, or harmful. These include, but are not limited to:
6.1.1 Violating applicable local, national, or international laws or regulations;
6.1.2 Engaging in or facilitating fraud, deception, or money laundering;
6.1.3 Circumventing, disabling, or interfering with security features or systems;
6.1.4 Distributing or transmitting malware, viruses, or any other harmful software;
6.1.5 Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
6.1.6 Conducting unauthorized access or attempts to gain unauthorized access to other accounts, systems, or networks;
6.1.7 Engaging in any form of cyberattacks, including phishing, denial-of-service (DoS), or brute force attacks;
6.1.8 Hosting or sharing content that promotes hate speech, violence, or discrimination based on race, gender, religion, nationality, or sexual orientation;
6.1.9 Participating in or promoting human trafficking, exploitation, or child abuse;
6.1.10 Using the Website or Services for the sale, distribution, or promotion of illegal or regulated substances, including narcotics or unlicensed pharmaceuticals;
6.1.11 Financing or supporting terrorism, extremist activities, or sanctioned individuals or entities;
6.1.12 Engaging in unlicensed gambling, pyramid schemes, or Ponzi schemes;
6.1.13 Violating intellectual property rights, including copyright, trademark, and trade secret laws;
6.1.14 Performing any activity that could damage, disable, overburden, or impair the Website or its infrastructure.

6.2 You may not use the Services on behalf of, or in connection with, any of the categories of businesses which are restricted by the AML/CFT Policy.

6.3 The Company reserves the right to suspend or permanently terminate access to the Website for any user found to be involved in activities that violate these Terms, applicable laws, or the rights of others. Such actions may be taken without prior notice, and may apply regardless of whether the violation was intentional or accidental. Depending on the severity of the case, the Company may also take additional measures, including notifying relevant authorities or initiating legal proceedings.

6.4 The Company retains the right to fully cooperate with law enforcement agencies or comply with any legal order that requests or requires the disclosure of an individual’s identity in connection with the transmission of emails or the distribution of materials that may be in breach of these Terms.

6.5 Breaching these restrictions may lead to the immediate suspension or termination of your access to the Website. Such actions may also result in civil or criminal consequences. The company reserves the right to investigate any suspected violations and may work alongside law enforcement authorities in pursuing legal action against individuals involved.

7. AML/CFT And Identity Verification

7.1 The Company complies with all applicable laws and regulations related to AML/CFT requirements in the EU and other applicable jurisdictions.

7.2 You may be required to complete all the required procedures, before using any Services or at any point thereafter, in accordance with the AML/CFT Policy.

7.3 You agree not to access the Website if you or any affiliated party are subject to international sanctions or located in a jurisdiction classified as high-risk or restricted by the EU, FATF, OFAC, or UN.

8. Fees And Charges

8.1 The Company charges fixed and/or percentage-based fees for the use of its Services, including crypto-asset conversion, payments, deposits, and withdrawals. Details of fees are published on the Website.

8.2 We reserve the right to update our fee schedule at any time. Updated fees will take effect upon publication, unless otherwise stated. Your continued use of the Services constitutes acceptance of the new rates.

8.3 You are solely responsible for any tax liabilities arising from your use of the Services. We do not provide tax advice, and no information provided by us should be construed as such.

9. Intellectual Property

9.1 All content on the Website, including text, images, logos, software, trademarks, and layouts, is the intellectual property of the Company or its licensors. All rights are reserved.

9.2 You are granted a personal, non-exclusive, non-transferable, revocable licence to access and use the Website solely for lawful purposes. You may not reproduce, distribute, modify, or exploit any content without prior written permission.

9.3 Where content belongs to third parties, their intellectual property rights are acknowledged and protected. Use of such content is subject to their respective terms.

9.4 The protection of intellectual property rights is taken seriously, and Users of our Website are expected to uphold the same standard. If you believe that content appearing on the Website infringes your copyright, you are encouraged to get in touch with the Company directly and provide all relevant details. Upon review, appropriate measures will be taken, which may include the removal of the material in question.

10. Privacy And Data Protection

10.1 We process your personal data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR), the Czech Act on Personal Data Protection, and other applicable laws.

10.2 Our Privacy Policy sets out how we collect, use, store, and share your personal data. It is available on the Website.

10.3 We use cookies and similar technologies for Website functionality, analytics, and security. For details, please refer to our Cookie Policy available on the Website. You may adjust your consent preferences at any time.

10.4 Our Policies are periodically reviewed and updated as necessary to ensure we continue to meet our legal obligations and protect your information.

11. Service Availability And Modifications

11.1 We make reasonable efforts to ensure uninterrupted access but do not guarantee that the Website or Services will always be available, secure, or error-free. We reserve the right to modify, suspend, or discontinue features or functionality at any time.

11.2 While we strive to provide reliable, secure, and uninterrupted access to the Website and Services, we do not guarantee continuous availability or fault-free operation. Access to the Website may be temporarily limited or unavailable due to:
11.2.1 Scheduled or unscheduled maintenance, updates, or system enhancements aimed at improving security, functionality, or compliance;
11.2.2 Cybersecurity threats or incidents, including distributed denial-of-service (DDoS) attacks, malware intrusions, or unauthorized access attempts, which may require immediate countermeasures to preserve service integrity;
11.2.3 Unexpected technical failures, disruptions in infrastructure, or force majeure events beyond our reasonable control;
11.2.4 Regulatory actions or legal obligations, including compliance with supervisory or enforcement measures under applicable EU law, such as the MiCA or the DORA;
11.2.5 Business continuity protocols being activated, which may temporarily affect service delivery or data availability in the interest of security and compliance.

11.3 In accordance with DORA, we implement robust digital operational resilience strategies, including incident reporting, ICT risk management, and contingency planning. Under MiCA, we maintain transparency and service continuity obligations for users interacting with digital assets, where applicable.

11.4 We shall not be held liable for any loss or inconvenience arising from such service disruptions, except as otherwise required by mandatory provisions of applicable law.

11.5 We reserve the right to change, suspend, or terminate any aspect of the Website at our discretion. In the event of material changes, we will make reasonable efforts to inform Users in advance.

12. Termination

12.1 You may stop using the Website at any time. If you have an account governed by a Customer Agreement, termination must follow the procedures set out in that Agreement.

12.2 We may suspend or terminate your access to the Website immediately if:
12.2.1 You breach these Terms or any applicable laws;
12.2.2 Required by a court or competent authority;
12.2.3 Continued access creates legal or security risks.

12.3 Upon termination, any rights granted under these Terms shall cease immediately. Sections related to liability, intellectual property, privacy, and governing law shall continue to apply.

13. Limitation Of Liability And Indemnity

13.1 The Website is provided “as is” and “as available” without warranties of any kind, except otherwise is fixed in the Terms. We do not guarantee that the Website will be secure, error-free, or uninterrupted, otherwise is fixed in the Terms.

13.2 To the maximum extent permitted by law, we shall not be liable for:
13.2.1 Indirect or consequential losses;
13.2.2 Loss of data, revenue, or business;
13.2.3 Downtime or technical malfunctions;
13.2.4 Losses arising from Force Majeure events.

13.3 You agree to indemnify and hold harmless Odin Pay, its officers, employees, and affiliates from any claims, damages, liabilities, and expenses arising out of:
13.3.1 Your use of the Website in breach of these Terms;
13.3.2 Violation of applicable law;
13.3.3 Infringement of third-party rights.

13.4 Neither party shall be held liable for delays or failure to perform resulting from events beyond their reasonable control, including but not limited to natural disasters, war, cyberattacks, power outages, or regulatory interventions.

14. Complaints

14.1 If you have any questions or complaints regarding the Website, please contact us in accordance with Complaints Procedure, which you can find on the Website.

14.2 We will acknowledge receipt of your complaint and aim to respond within a reasonable timeframe, in accordance with our Complaints Procedure.

15. Transfer Of Business

15.1 In the event of a transfer of all or part of the business to any third party, the User agrees to the transfer of the business relationship between the User and the entity, including but not limited to the User’s:
15.1.1 Account information;
15.1.2 Assets;
15.1.3 Liabilities;
15.1.4 Protected Data.

15.2 If the entity undergoes an acquisition or merger with a third party, the entity retains the right to transfer or assign any information collected from Users as part of the acquisition, merger, sale, or any other change of control.

16. Miscellaneous

16.1 These Terms constitute the entire agreement between you and the Company regarding the Website. They do not govern your access to or use of the Services, which are subject to a separate Customer Agreement.

16.2 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Our failure to enforce any provision of these Terms shall not be construed as a waiver of any rights.

16.4 You may not assign or transfer any rights or obligations under these Terms without our prior written consent.

16.5 These Terms and any related documents are originally drafted in English. Any translation of these Terms is provided for convenience only and shall not be considered legally binding. In the event of any discrepancy or conflict between the English version and a translated version, the English version shall prevail and be deemed the authoritative text for all legal and interpretative purposes.

16.6 You agree that communications, notices, and disclosures may be made electronically and have the same legal effect as if made in writing.

16.7 These Terms may from time to time be updated or amended. We will post any such updates on the Website and an alert notification will be sent to you. Such updated Terms as posted will take effect immediately, unless otherwise indicated.