Wunderbar Terms and Conditions

Last Updated Novermber 2024

Welcome to Wunderbar!

At Wunderbar (referred to as “Wunderbar“, “we”, “our”, or “us”, encompassing any Wunderbar entity that interacts with you) provides users a revolutionary all-in-one crypto application that seamlessly integrates traditional finance with the world of crypto currencies. By using our platform, you agree to comply with and be bound by the following terms and conditions. Please read them carefully!

1. Acceptance of Terms

By accessing or using our platform, you agree to be bound by these Terms and Conditions, as well as our Privacy Policy. If you do not agree with any part of these terms, you must not use our platform.

Our terms of service are binding and govern your use of our services, our website and mobile application through which you access our services, along with any applicable third-party terms you may have agreed to as part of using or receiving our mobile application (e.g. terms for the Apple App Store or Google Play, if applicable). If these terms conflict with any such third-party terms, these terms will control to the extent of the conflict. You agree to these terms by accessing or using our platform or services.

These terms may change at any time and without notice, including updates

• regarding changes to our services and platform or how we do business;
• regarding the addition of new services, features, technologies, or offers;
• addressing legal, regulatory, or security development; or
• preventing harm to our services and platform or to those using our services and platform.

Any changes to these terms must be made in writing, and they will take effect as of the last update date mentioned above. Please check these terms frequently for updates. If you continue to access or use our platform or services, after we change these terms, you agree to all our changes.

Users from all around the world can access the platform and our services. Because of this, not all services are available in every location, and the services and platform may be provided to you by one of our affiliated entities.

These Terms constitute a legally binding agreement between ‘you’ (an individual or an entity acting through an authorized representative) and the provider of the services you are accessing (referred to as ‘we,’ ‘us,’ ‘our,’ or as identified within the application or service interactions)

No Advisory Relationship

Wunderbar does not act as your broker, intermediary, agent, or advisor, nor do we have any fiduciary relationship or obligation to you in connection with any transactions or activities you undertake when using our platform. We do not provide investment, financial, or consulting advice of any kind, and no communication or information provided by us should be construed as such.

It is solely your responsibility to determine whether any transaction, investment, or strategy is appropriate for you based on your personal objectives, financial circumstances, and risk tolerance. You acknowledge that all trading and investment decisions are made at your own discretion and risk, and Wunderbar shall not be liable for any losses or liabilities arising from such decisions.

We do not recommend or endorse the purchase, sale, holding, or use of any Digital Asset. Before engaging in any such activity, you should conduct your own research and due diligence and consult your financial, legal, or tax advisors. Any decisions you make to buy, sell, hold, or use Digital Assets are your own and at your sole discretion.

Wunderbar is not affiliated with and does not provide any employment, tax, legal, investment, or financial advice as all services are provided on an execution only basis. Any price information, quotes, forecasts, return estimates or indications of past performance are for information purposes only and do not guarantee future performance and do not constitute an offer to buy or sell or any solicitation of an offer to buy or sell any digital asset, crypto currency, pair or other assets, nor to enter into any transaction with digital assets, crypto currency or to use investment services.

2. Eligibility

You must be at least 18 years old and capable to of entering into legally binding contracts in order to use Wunderbar. By using our services, you represent and warrant that:

• You are not located in a restricted country (defined below).
• You are acting solely on your own behalf or as an authorized representative of a legal entity.
• Your use of the platform complies with all applicable laws and regulations in your jurisdiction.

The User can act only on his/her own behalf or (in case of using the corporate account) on behalf of an entity/other organization, which he/she represents and is prohibited to use the services as an agent, intermediary or broker for another person, organization, entity.

Upon access and use of the services offered by us the user must assure himself/herself that the use of our services, platform, website and mobile application is allowed in the country of his/her citizenship/residence or the country from which the user accesses the services, platform, website or mobile application, as well as check if there are any possible legal limitations and/or restrictions regarding access and use of the services, platform, website or mobile application. It is the user’s sole responsibility to follow all applicable laws and regulations and comply with the restrictions and prohibitions of his/her country of citizenship/residence and/or country from which the user accesses our services, platform, website and mobile application.

Restricted Countries

Wunderbar does not offer services to individuals or entities located in jurisdictions where crypto currency-related services are restricted, including but not limited to:

• The United States of America (including its territories and dependencies), Canada, North Korea, Iran, Syria, Cuba, and any other country sanctioned by the United Nations, the European Union, or similar authorities.
• Users are responsible for determining the legality of accessing our platform from their jurisdiction.

We disclaim all responsibility for the use and access to the website, mobile application, platform, and services by the person who is the citizen/resident or accesses the services, platform, website and mobile application from the country in which the access to and use of our services, platform, website and mobile application is prohibited by law or where there are any other limitations and restrictions of the access and use of the mentioned above. You must not attempt in any way to circumvent any such restriction, including by use of any virtual private network to modify your internet protocol address.

3. Account Registration and Management

You must create an account to access certain features of our services. You agree to submit complete, accurate and current information when registering for an account.

You are responsible for maintaining the confidentiality of your account information, including your password. You agree to notify us immediately of any unauthorized use of your account. Wunderbar shall not be held liable for any claims or losses resulting from your failure to comply with this provision.

By registering the Account, the user represents and warrants that he/she:

• will not use their account for the benefit of any person other than him-/herself,
• will not divulge their login or account information to outside parties,
• is an individual or legal entity or other organization with full legal capacity and capability and sufficient authority to enter into this T&C;
• was not previously prohibited from or temporarily restricted in using our services and/or platform;
• will notify us immediately in the event that you discover or suspect any security breaches related to your account,
• currently does not have another account registered on the platform/website (multi-accounts);
• will take responsibility for all activities that occur under their account, and accept all risks of any authorized or unauthorized access to their account, to the maximum extent permitted under applicable law, and
• provides accurate, complete, truthful, and updated information (including email address, mobile phone number, and street address) at all times when using any account or service, including when conducting a swap , deposit, and withdrawal, and when otherwise prompted by any screen displayed within the services or on our platform.

Security Measures
You must always maintain adequate security and control over all Access Credentials associated with your Wunderbar Account. This includes, but is not limited to, your username, password, and any two-factor authentication (2FA) codes. To protect your Wunderbar Account, you must:

Follow all security procedures: Comply with the security measures and mechanisms implemented by Wunderbar to safeguard accounts and transactions.

Use strong passwords: Create and use strong, unique passwords for your Wunderbar Account, and ensure your Access Credentials remain confidential.

Keep your contact information current: Ensure that the email address and phone number linked to your account are up to date, so you can receive important notifications and alerts from Wunderbar.

Avoid remote access or screen sharing: Never allow remote access to your computer or share your screen with others while logged in to your Wunderbar Account.

Be cautious of scams: Remember that Wunderbar will never ask for your passwords, 2FA codes, or other sensitive security information.

Log out after each session: Always log out of the Wunderbar platform or application after completing your session.

You are responsible for keeping your Access Credentials secure and protecting your account from unauthorized access. If you suspect that your security has been compromised, you must notify Wunderbar immediately.

Monitoring Your Account
It is essential to regularly monitor your Wunderbar Account and associated transaction history for unauthorized or suspicious activity. Any security breach may result in the loss or theft of your Digital Assets, funds, or otherinked accounts, including bank accounts or credit cards. Promptly identifying and reporting such activity is crucial to mitigating potential losses.

Reporting a Security Breach
If you suspect that your Wunderbar Account has been compromised or that there has been unauthorized access to your account, you must:

Notify Wunderbar immediately: Contact us using the details provided in the “Contact Us” section of these Terms. Ensure that you continue to provide accurate and updated information throughout the investigation.

Lock your account: Use the account disable function in the Wunderbar platform or any other prescribed method to immediately lock your account to prevent further unauthorized access.

Follow additional instructions: Take any other reasonable steps required by Wunderbar to investigate, manage, or report the security breach.

Wunderbar reserves the right to request any relevant information or documentation related to a security breach. You agree to provide such information promptly. Wunderbar may share this information with third parties, such as law enforcement agencies, to investigate and resolve the breach.

Rectification of Errors
We reserve the right to rectify any error in your Wunderbar account history at any time. This includes the right to void, cancel, or reverse any transaction involving or arising from a manifest error or to amend the details of such a transaction to reflect what we reasonably consider to be accurate or fair details of the transaction.

Improper Intent and Manifest Errors
You acknowledge and agree that, in the case of transactions executed with improper intent or involving manifest errors, Wunderbar is authorized (without incurring liability, penalty, or payment obligations to you and provided such actions comply with Applicable Laws) to:

Cancel or Void Transactions
Treat the transaction as if it never occurred by canceling or voiding it entirely.

Amend Transaction Details
Adjust the transaction details, including price(s), to reflect the prevailing market price(s) at the time of the transaction. The revised price(s) will be determined by Wunderbar based on a reliable source for fair market pricing, and we will notify you of these changes through an agreed communication channel.

f a transaction is canceled, any digital assets transferred to or from your Wunderbar account in connection with that transaction will be reversed as if the transaction never occurred. If a transaction is amended, we will process the necessary transfers of digital assets to or from your account to reflect the corrected transaction details.

Responsibility for Third-Party Transactions
You acknowledge that you are solely responsible for any transactions or agreements with third parties that rely on transactions executed through Wunderbar. If such transactions are canceled or amended, Wunderbar shall not be liable for any resulting consequences or losses.

Information Requests

We may request information from you at any time to comply with Applicable Laws, verify your identity, detect and prevent money laundering, terrorist financing, fraud, or any other financial crimes, or for other valid purposes. You agree to promptly provide any requested information and grant us permission to retain this information for as long as your Wunderbar account remains active or for any period required to comply with Applicable Laws and fulfill the purposes for which it was collected.

The information you provide may affect your access to your Wunderbar account and the transaction limits applicable to your use of Wunderbar services. If we reasonably suspect that the information you have provided is false, inaccurate, outdated, or incomplete, we may request corrections or additional details. In such cases, you agree to promptly address any issues identified by us to ensure the accuracy and completeness of your information.

If you fail to comply with any information request or provide the requested details in a timely manner, we reserve the right to suspend or terminate your access to your Wunderbar account or any related services without prior notice. This action may be necessary to ensure compliance with legal and regulatory obligations.

Information Sharing
We may be required under these Terms or Applicable Law to share information about your Wunderbar account and account history with third parties or Wunderbar affiliates. By using our services, you acknowledge and agree to such disclosures. For more details on how we handle and protect your personal data, please refer to our Privacy Policy.

4. Services

Wunderbar offers various services:

• Smart Swap: Swift and efficient crypto currency trading
• Portfolio: Easily monitor and manage investments in one place.
• Interest Wallet: Passively grow crypto holdings and earn interest through DEFI.
• Lending: Generate capital by lending crypto through DEFI.
• Automated Trading: Let AI-driven strategies optimize investing.
• Savings Plans: Take advantage of cost average effect with automated savings plans.
• Debit Card: Convert crypto to spendable funds with a Wunderbar debit card.

We reserve the right to modify or discontinue any service at any time without prior notice. You acknowledge and agree that some of the Wunderbar’s Services may be provided by Wunderbar’s Affiliates. 

5. Exchange

Subject to eligibility requirements and geographic restrictions, our services may allow you to exchange through your account:

• a certain Digital Asset for another Digital Asset,
• a certain Digital Asset for a certain Fiat Balance,
• a certain Fiat Balance for a certain Digital Asset

Without notice, the digital assets that may be available for investing may change. In addition, you may not be able to swap certain digital assets for certain other digital assets or Fiat balances, and you may not be able to swap certain Fiat balances for certain other Fiat balances or digital assets. Please see our website for more information.

Supported Digital Assets

The Wunderbar Services are only available in connection with Supported Digital Assets, which may be updated from time to time. A list of Supported Digital Assets is available on our Website or in the Wunderbar application. Wunderbar may remove or suspend one or more Digital Assets from the list of Supported Digital Assets. We will make reasonable commercial efforts to notify you in advance. If a Digital Asset is removed or suspended, you will no longer be able to access it as part of the Wunderbar Services, and withdrawals may be the only available action for such assets.

If Digital Assets that are no longer Supported Digital Assets remain in your Wunderbar Account beyond a specified period as notified to you, Wunderbar may, at its reasonable discretion, convert such Digital Assets into a different type of Digital Asset, such as a stablecoin. Advance notice will be provided before such conversion, and you may withdraw the affected assets within a specified time frame.

Wunderbar assumes no liability for attempts to use unsupported Digital Assets with your Wunderbar Account or for any conversions described in this clause. Additionally, Wunderbar is not responsible for unsupported Digital Assets sent to a Wunderbar Account or Supported Digital Assets sent to an incompatible wallet address. If you send unsupported Digital Assets or misdirect Supported Digital Assets, you will lose those assets.

For certain cases of lost assets, Wunderbar may, at its sole discretion, offer an attempt at recovery. Recovery fees will apply, as determined by Wunderbar, and will be disclosed prior to the recovery attempt. Wunderbar does not guarantee the success or accuracy of any recovery attempt, nor the quantity of assets recovered. You acknowledge that Wunderbar has no liability for any loss incurred during recovery or the subsequent use of recovered assets.

Forks

Wunderbar may temporarily suspend its services related to specific Digital Assets while evaluating whether to support a Fork. Wunderbar is not obligated to support any Fork of a Digital Asset in your account, regardless of whether the resulting asset is a Dominant Digital Asset or otherwise. Any decisions regarding Fork support will be announced publicly on our Website or through other appropriate communication channels.

You acknowledge that Forks are beyond Wunderbar’s control, and Wunderbar makes no assurances about the security, functionality, or value of any Digital Assets, including Forked or Dominant Digital Assets. Certain Forked Digital Assets may not be tradeable on the Wunderbar platform, and you may lose associated value.

Forks and Airdrops

Wunderbar does not guarantee support, distribution, or listing of Forked Digital Assets, Airdrops, or similar events. The decision to support, claim, or list such assets lies solely with Wunderbar, including determining eligibility criteria and conditions for participation. If you wish to ensure participation in a Fork or Airdrop, you are advised to withdraw the affected Digital Assets to a private wallet well in advance.

Backed Digital Assets

From time to time, Wunderbar may support Digital Assets that are backed or pegged in value to another asset (e.g., Fiat Currency, commodities like gold or silver, or other Digital Assets). Before engaging in transactions involving such assets, you must understand and accept all associated terms, conditions, and risks. Wunderbar makes no representations about the value or quality of reserves or collateral associated with Backed Digital Assets.

Wunderbar has no obligation to repurchase, redeem, or facilitate the redemption of Backed Digital Assets. We reserve the right to suspend or discontinue any services related to Backed Digital Assets at our sole discretion. You acknowledge that Wunderbar is not responsible for ensuring that any Backed Digital Asset maintains its value or that sufficient reserves are held by its issuer.

6. Interest and Lending

• Crypto Interest and Lending allows users to earn an income by lending digital assets using one of the available plans. The plans differ by earning rates, lending periods and the minimum/maximum lending amounts.
• The user’s funds with the accrued earnings are transferred to the user’s account after the lending period in the chosen plan ends.
• The income is assumed to be accrued in the digital currency in which the plan was opened unless otherwise agreed.
• We never recommend, endorse, advocate or sponsor any of the digital assets, crypto currencies, pairs or transactions, investments appearing on, or made through the platform. The user shall acknowledge the substantial risks associated with digital currency markets, transactions, investments (investment/assets management services).
• Information about third parties’ proposals may also be included in the platform’s crypto interest and lending section (proposals of legal entities/teams, managing digital assets and/or legal entities/teams, which created digital assets, or providing third-party investments management/assets management services).
• Wunderbar is not affiliated with and does not provide any employment, tax, legal, investment, or financial advice as all services are provided on an execution only basis. Any price information, quotes, forecasts, return estimates or indications of past performance are for information purposes only and do not guarantee future performance and do not constitute an offer to buy or sell or any solicitation of an offer to buy or sell any digital asset, crypto currency, pair or other assets, nor to enter into any transaction with digital assets, crypto currency or to use investment services.
• The user agrees that the platform shall not serve as the primary basis for any decision to enter into any transaction or to use third parties services, including represented in the crypto interest and lending section of the platform, and we shall not be, or be deemed to be, the user’s financial advisor or fiduciary. The user hereby acknowledges that any reliance upon any data or other content of the platform shall be at the user’s sole and exclusive risk.
• Crypto Interest and Lending products may involve Wunderbar entities acting as direct counterparties to facilitate interest payments or lending activities. Alternatively, these products may involve third-party platforms or service providers. Wunderbar does not guarantee the performance, security, or availability of such third parties. By participating, you acknowledge the associated risks of counterparties, including delays or losses in case of defaults or insolvencies. You acknowledge and accept the inherent risks of lending and counterparty exposure, including the risk of default, insolvency, or operational failures of the Wunderbar entities or third-party service providers.
• Wunderbar entities may use your funds for business operations, lending activities, or other purposes in compliance with applicable laws, which may expose you to risks associated with the counterparties or markets involved. In the event of delays, defaults, or insolvencies, neither Wunderbar nor its affiliated entities provide any guarantees or assurances of the return of principal or interest. These products are not secured by any collateral unless explicitly stated in the terms and conditions of the specific product offering.
• Interest rates and loan terms are dynamic and subject to change. You should review all loan terms carefully before entering into any agreement. Interest payments are not guaranteed and may depend on the availability of counterparties, market fluctuations, and other factors. Past performance is not indicative of future returns, and there is no assurance that you will earn the stated interest rate or that your principal will be protected.
• Interest-earning products offered by Wunderbar are not bank deposits and do not carry the guarantees associated with traditional banking products. They do not benefit from the protections afforded to traditional banking products. Specifically, these products are not covered by any deposit guarantee schemes, such as the Deposit Guarantee Schemes Directive (DGSD), which protects bank deposits up to €100,000 within the European Economic Area (EEA).

By participating in these products, you acknowledge and accept the associated risks, including the potential loss of your principal investment. Please ensure you fully understand these risks and consider consulting a qualified financial advisor if you are unsure whether these products are suitable for your financial circumstances.

7. Wunderbar Debit Card

Please see our Wunderbar Debit Card Terms & Conditions.

8. Fees & Taxes

Our Fees

You consent to paying us all fees related to using the services, including fees for trades, deposits, issuances, redemptions and withdrawals. You give us permission, or our designated third-party providers, to charge and/or deduct fiat Balances or digital assets held or reflected, as applicable, from your account to cover any applicable fees associated with your use of the services. Any calculations made by us in connection with our Services are final and binding on you in the absence of Manifest Error. Calculations will be made in accordance with the stated methodology for the relevant Service in our good faith discretion.  Please see our Fee Schedule in the application for further details.

Transactions using the Instant Buy/Sell Services are subject to fees and a spread that is included in the transaction price. Applicable spreads and transaction fees may change. Information on our current fees can be found at the time of transactions as displayed and/or in the fee schedule. Fees may vary depending on the selected payment method (e.g. account balance, card, sepa debit, wire transfer).

There may come up additional fees associated with your transaction from your payment provider, however we do not know the fees charged by your payment provider. You acknowledge and agree that you are fully responsible for all transaction fees charged by your payment provider.

The fees and fee schedule are subject to change at any time, without prior notice. Changes to our fee schedule are effective as of the effective date shown on the fee schedule, and changes will apply prospectively to your use of the services. You agree that all applicable fees in connection with our Services maybe communicated to you through our platform, or otherwise communicated to you in any relevant Product Terms.

In the case that we determine there are insufficient funds to pay any fees, you hereby authorize us to sell digital assets from your account sufficient to pay any fees due. In addition, to the extent fees are required to be paid in a particular denomination of fiat currency, you give us permission to receive the proceeds of any sale of digital assets in such denomination of fiat currency or to convert any fiat balance held in your account to the required denomination. You take responsibility for any and all additional fees that may be incurred to sell digital assets or convert fiat balance denominations in order for the fees to be paid to us.

Interest will be charged if you fail to pay fees or any other amounts owed to us, at the greater of the rate of 12% per year, or the maximum amount allowed by law. In addition, we may refer your outstanding amounts to a third party for collection, and we will charge you a collection fee of 12% of the outstanding amounts due or the maximum percentage permitted by applicable law, to cover our collection-related costs.

Third-Party Fees

Third-party fees may also be incurred by you when using the services, such as fees associated with your financial account, or other fees, such as gas fees. All of these fees are entirely your responsibility to pay unless we consent otherwise.

Taxes

You are solely responsible for determining what taxes apply to your use of the services, including taxes for investments, deposits, and withdrawals as well as for reporting and remitting the correct taxes to the appropriate tax authorities. You agree that we have no responsibility or liability for determining what taxes apply or for collecting, reporting, withholding, or remitting any taxes arising from any trades or transactions, unless otherwise required by law.

Notwithstanding anything herein to the contrary, we may withhold (or cause there to be withheld, as the case may be) from any amounts otherwise due or payable to you such federal, national, provincial, local income non-income, or other taxes as may be required to be withheld pursuant to any applicable law or regulation of any jurisdiction or taxing authority.  You authorize us, in our sole discretion and in lieu of a separately stated tax amount, to increase any applicable fees to account for taxes owed on a particular transaction undertaken using our services.

We are subject to various obligations imposed by the tax (and other) laws and supervisory authorities of various jurisdictions. These obligations might necessitate that we ask for additional information, documentation or certifications from you and process certain personal data for identity verification, payment processing, compliance with court orders, tax laws or other purposes not disclosed herein. Please refer to our privacy policy for information we may collect about you. These obligations may arise at various times, including, but not limited to, client on-boarding, payment processing, and systemic checks for risk management, and may change without notice. We keep the right to disable, close and lock accounts as considered necessary by us in order to comply with any such legal and regulatory obligations now existing or hereinafter imposed.

9. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the platform for any illegal purpose or in violation of any local, state, national, or international law
• Taking part in any activity that might damage or impede the platform’s functionality
• Making an effort to access Wunderbar’s systems or other users’ accounts without authorization

10. AML/KYC Compliance

We are committed to complying with Anti-Money Laundering (AML) and Know Your Customer (KYC) regulations. By using our platform, you agree to:

• Provide accurate and up-to-date information for identity verification.
• Allow us to freeze or terminate your account if suspicious activity is detected.

Failure to provide required information may result in account suspension or closure. We may also require you to comply with our enhanced due diligence procedures by submitting additional information about yourself, your business or your Permitted Users, providing additional records or documentation, or having face to face meetings with representatives of Wunderbar. We keep your personal data to enable your continued use of our Services, for as long as it is required in order to fulfill the relevant purposes described in this Privacy Notice, and as may be required by law such as for tax and accounting purposes, compliance with anti-money laundering laws, or as otherwise communicated to you.

11. Intellectual Property

All content, trademarks, and proprietary materials on the platform are owned by Wunderbar or its licensors. You may not copy, modify, reverse-engineer, or distribute any part of the platform without prior written consent.

12. Risk Disclosure

There are significant risks associated using our services. Please carefully consider whether using our services is suitable for you in light of your circumstances, knowledge and financial resources. Please also see the Risk Warnings here.

• There are substantial risks associated with investing, transactions, and/or holding digital assets. Prices may fluctuate on a daily basis. Price fluctuations can increase and/or decrease the value of the user’s assets at any time. Any currency, whether virtual or not, can undergo significant fluctuations in value, as well as completely depreciate. There is an inherent risk of losses as a result of purchase, sale, or any investing in the market.
• Additionally, digital assets carry unique risks that are not peculiar to fiat money and/or goods and/or commodity (not virtual/digital) assets. Unlike most fiat money guaranteed by governments, digital assets are unique types of assets supported by technology and trust. In a crisis, there is no central bank that could issue more currency or take action to protect the value of digital assets.
• It is common for digital assets to experience loss of confidence, irrational or rational “bubbles” which can lead to a drop in demand relative to supply. As an illustration, confidence in digital assets may fall due to unexpected changes imposed by software developers or other persons, government measures, creation of superior competing alternative digital assets, as well as deflationary or inflationary spirals. Confidence can also be reduced due to technical problems: if the anonymity of the system is compromised, if assets are lost or stolen, or if hackers or governments can prevent any transactions.
• There might be other/additional risks that we did not anticipate or define in these terms and conditions.
• The user acknowledges that all transactions involving digital assets are irreversible and that the funds received as a result of the transaction can be returned only under a separate additional agreement/deal with the appropriate person. The User cannot cancel, recall or change any order with completed or executed status. The user bears responsibility for the accurateness and correctness of the transaction details (network/network standard/wallet address/memo or destination tag) and carries the risk of losing funds, no losses will be compensated by Wunderbar in any such cases.
• The user warrants that he/she is aware of the basic principles of dealing with digital assets, as well as of characteristics of digital assets affecting their value and he/she is also aware of the relevant risks, in particular, volatility and fluctuations in their value. When trading, the user has to be aware that there is a high probability not to receive fair and accurate price for the digital assets. By accepting these terms and conditions the user acknowledges and accepts any risks associated with the transactions, agrees to comply with this terms & conditions, recognizes and accepts the mentioned and any other risks.
• The user acknowledges to be aware of, understands and agrees that Wunderbar can’t directly or indirectly be liable for, and/or have any obligations with respect to or in any other way guarantee the performance or payment of any transaction concluded by the user on the platform and using blockchain and/or third parties’ services/technology (in part of functionality, proper performance, reliability, etc. of such blockchain/ technology), and neither Wunderbar nor third-party provider is liable to the user or any other Person for such Transactions performed through the Platform.
• Wunderbar is not a bank or other depository institution. Your account isn’t a deposit account or a bank account. We do not offer bank or depository services. Neither your account nor your digital assets are covered by insurance against losses or subject to federal deposit insurance corporation or securities investor protection corporation protections or the protections of any comparable organization anywhere in the world.
• No Guarantee of Service. You acknowledge and agree that your access to and use of the services, including conducting trades, is at your own risk, and that we aren’t liable to you for any losses you incur arising from such risks.

13. Limitation of Liability

To the fullest extent permitted by law, Wunderbar and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses.

Indemnification

You agree to indemnify, defend, and hold harmless Wunderbar and its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or in any way connected with your use of the platform.

14. Closure, Termination, Suspension, Discontinuance

We reserve the right to suspend or terminate your account and access to Wunderbar at our sole discretion, without notice and for any reason, including but not limited to a violation of these terms and conditions.

We can, at any time and without liability or prior notice to you:

• suspend, restrict, or terminate your access to our services or platform,
• modify or discontinue our services or platform (and/or any parts of them),
• suspend, restrict, or delete your account, any information related to your account, or any content you post to the services or platforms, or
• reject any deposit, withdrawal, trade, or other transaction or use of the service.

In the event that we terminate your account, we will get in touch with you to return any digital assets stored in your account to you and will instruct any designated financial Institution to redeem your Fiat balances, except in each case if you owe us any fees or if we believe you have committed fraud, negligence, or other misconduct. If you’re inactive for an extended length of time and we are unable to return any digital assets or redeem fiat balances in your account to your designated financial account, we then may be required to report and remit such digital assets and fiat balances in accordance with any applicable state or jurisdiction unclaimed property laws. State unclaimed property law may require liquidation of the digital assets held in your account.

You may terminate your account at any time by transferring your digital assets and redeeming your fiat balances to a financial account and stop to use our services.

Closing Your Wunderbar Account

Your Right to Close Your Wunderbar Account

You may terminate your Wunderbar Account at any time by following the account termination procedures outlined by us. Wunderbar will not charge you a fee for terminating your account. However, you are required to settle any outstanding amounts owed to us. By requesting account closure, you authorize Wunderbar to cancel or suspend any pending transactions and to deduct any outstanding obligations from your account balance.

In certain cases, you may not be able to close your Wunderbar Account, including but not limited to the following scenarios:
a. There is ongoing investigation by regulatory or legal authorities.
b. There are pending transactions or unresolved claims linked to your account.
c. Your account has outstanding amounts owed to Wunderbar.
d. Your account is subject to a freeze, hold, limitation, or reserve in compliance with Applicable Law or regulatory requirements.

What Happens When Your Wunderbar Account Is Closed
Upon closure of your Wunderbar Account, you are required to withdraw all Digital Assets and fiat balances held in your account. If you fail to do so, or if your account remains inactive for a continuous period of 90 days, Wunderbar reserves the right to designate your account as dormant. You will receive a notification regarding this designation.

What Happens When Your Wunderbar Account Becomes Dormant

If you do not respond to the notice within 30 days, Wunderbar may take the following actions:
a. Mark your Wunderbar Account as a dormant account.
b. Convert the Digital Assets in your account to a different type of Digital Asset. Wunderbar will not be held liable for any loss of profit, tax obligations, or other losses incurred by you as a result of this conversion.
c. Transfer the dormant account or any Digital Assets in it to a third party, such as another Wunderbar entity, a third-party custodian, or an isolated wallet. Retrieval of your Digital Assets will be subject to verification and other applicable terms and conditions.
d. Adjust your dormant account so that you hold a contractual claim equivalent to the quantity and type of Digital Assets present in your account prior to its designation as dormant.
e. Charge a dormant account fee to cover the cost of maintaining your Digital Assets. This fee will be deducted from the dormant account balance on a monthly basis.
f. Close the dormant account at any time, with any remaining assets subject to applicable recovery or forfeiture terms.

You acknowledge that Wunderbar will have no obligation to pay any reward, incentive, or interest that may otherwise have been agreed upon under applicable Product Terms for dormant accounts.

15. Dispute Resolution and Limited Litigation

Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Liechtenstein, excluding its conflict of laws principles.

Mandatory Alternative Dispute Resolution
In the event of any dispute, controversy, or claim arising out of or relating to this agreement, including its breach, termination, or validity, the client agrees to resolve the matter exclusively through the out-of-court mechanisms outlined below. The organization retains the right to pursue litigation at its discretion.

Negotiation
The parties shall first attempt to resolve the dispute through good-faith negotiations. Such negotiations shall commence within 10 business days after one party provides written notice of the dispute to the other.

Mediation
If the dispute cannot be resolved through negotiation within 30 days, the client agrees to submit the dispute to mediation administered by [Mediation Service Provider] or another mutually agreed-upon mediator. The mediation shall be conducted in [jurisdiction/location] and in English. Costs for the mediation will be borne equally by both parties.

Optional Mediation
Before initiating arbitration, the parties may mutually agree to submit the dispute to mediation administered by the Swiss Arbitration Centre under its mediation rules. The mediation shall be conducted in Zurich, Switzerland, and in English. Costs for the mediation will be borne equally by both parties. Mediation shall be non-binding, and the costs will be borne by imitating party. If mediation fails or is not mutually agreed upon within 30 days of a dispute arising, the parties shall proceed to binding arbitration.

Binding Arbitration
If mediation fails to resolve the dispute within 60 days, the client agrees to submit the matter to final and binding arbitration under the rules of the Swiss Arbitration Centre. The arbitration shall be conducted in Zurich, Switzerland, in English. The number of arbitrators shall be one. The arbitrator’s decision shall be final and binding on the parties, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. Each party shall bear its own costs, except as otherwise awarded by the arbitrator.

Waiver of Litigation Rights by the Client
The client explicitly waives the right to initiate or participate in any litigation or court proceedings related to this agreement, except for enforcing an arbitration award. However, this waiver does not apply to the organization, which retains the right to seek remedies, including but not limited to litigation, in any court of competent jurisdiction.

Waiver of Class Actions
The parties agree to resolve disputes on an individual basis only, and hereby waive any right to bring or participate in any class, collective, or representative action.

Injunctive Relief
Nothing in this clause shall prevent either party from seeking injunctive relief or interim measures in a court of competent jurisdiction in Liechtenstein or Switzerland to protect its rights or property.

Confidentiality
All negotiations, mediations, and arbitrations conducted under this clause shall remain strictly confidential. Neither party shall disclose the existence, content, or outcome of such proceedings without prior written consent from the other party, except as required by law.

Severability
If any provision of this clause or agreement is found to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be deemed severed from this Agreement. The remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced with a valid provision that comes closest to the intention of the parties.

16. Changes to Terms and Conditions

These terms and conditions are subject to change at any time. Any changes will be effective immediately upon posting on the platform. Your continued use of Wunderbar.io following the posting of revised terms and conditions means that you accept and agree to the changes.

17. General Terms

We bear no liability or responsibility for any error, delay, loss, or damage arising from any event beyond our reasonable control (each, a “Force Majeure Event”). Force Majeure Events include flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

Applicable Law

You and any authorized user of our platform agree to comply with all applicable laws, regulations, and third-party rights in your use of Wunderbar’s services, including but not limited to anti-money laundering (AML) and countering the financing of terrorism (CFT) laws, data protection regulations, intellectual property laws, and other relevant legal obligations. It is your sole responsibility to ensure your compliance with such laws in the jurisdictions where you operate or access the platform.

Notices

We may send notices to you by email at the address provided in your account settings. It is your responsibility to ensure that your email address is current, accurate, and accessible. Notices will be deemed received when sent to your registered email address, regardless of delivery failure notifications, unless such failure is attributable to Wunderbar’s systems.

You may send notices to us only through the contact methods specified in our support section, which may change from time to time. All notices, consents, or communications must be in writing, in English, and signed or otherwise authorized by the notifying party.

Announcements

Official announcements, updates, promotions, and important notices will be published on our website or within the application. These announcements may relate to updates on services, security issues, or other information impacting your account or digital assets. It is your responsibility to monitor the website and the application regularly for such updates.

Entire Agreement

These Terms, together with any additional agreements or product-specific terms, constitute the entire agreement between you and Wunderbar. By agreeing to these Terms, you acknowledge that no prior representations, warranties, or assurances—whether oral or written—outside these Terms form the basis of your agreement with Wunderbar.

Assignment

You may not assign or transfer your rights or obligations under these Terms without prior written consent from Wunderbar, which may require additional documentation or enhanced due diligence. Wunderbar reserves the right to assign or transfer its rights and obligations under these Terms at its sole discretion, including in the event of mergers, acquisitions, or corporate restructuring.

Severability

If any provision of these Terms is determined to be illegal, invalid, or unenforceable under applicable law, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that closely reflects the intent of the original clause.

Record-Keeping

We reserve the right to record communications, including but not limited to email, telephone, and chat conversations, as well as transaction instructions and account activity. These records will remain the property of Wunderbar and may be used as evidence in any dispute or legal proceeding.

Language

These Terms may be translated into other languages for convenience. In the event of inconsistencies or disputes, the English version shall prevail.

Third-Party Rights

No provisions of these Terms shall confer any rights or remedies upon third parties, except for affiliates of Wunderbar as expressly provided herein. These Terms are for the exclusive benefit of the parties and their permitted successors and assigns.

Survival of Terms

Provisions of these Terms that, by their nature, extend beyond the termination or expiration of this agreement (e.g., liability, indemnity, intellectual property, and dispute resolution) shall remain in full force and effect.

Relationship of the Parties

These Terms do not establish any agency, partnership, joint venture, or fiduciary relationship between you and Wunderbar. Your use of the platform is independent, and Wunderbar does not act as your trustee or financial advisor.

Digital Assets

Digital assets recorded in your Wunderbar account are managed on a pooled basis for operational efficiency. Your balance is reflected in our internal ledger, and you have a right to the same quantity and type of digital assets credited to your account, but not to specific, identifiable assets. Wunderbar does not hold digital assets in a fiduciary or trustee capacity.

Force Majeure

Wunderbar shall not be held liable for delays, interruptions, or failures in performance caused by events beyond its reasonable control, including but not limited to natural disasters, government actions, labor disputes, cybersecurity incidents, or other force majeure events.

Waiver

Failure by Wunderbar to enforce any provision of these Terms shall not be considered a waiver of future enforcement of that or any other provision. The rights and remedies provided in these Terms are cumulative and do not exclude any rights or remedies under applicable law.

Set-Off Rights

Wunderbar may, without prior notice, set off any amounts owed by you against balances in your account. You agree to pay all outstanding amounts promptly and without offset, counterclaim, or withholding, except as required by applicable law.

Privacy of Other Users

If you gain access to another user’s information through your use of the platform, you must treat such information as confidential. You may not disclose, distribute, or use this information except as strictly necessary for transactions and in accordance with applicable privacy laws.

Breach Notification

In the event of a breach of these Terms, Wunderbar reserves the right to notify other users or the public if necessary to protect platform security or user interests, provided such disclosures comply with applicable law.

Death or Incapacity

If we receive notice of your death or incapacity, we may suspend your account until proper legal documentation is provided by your estate or authorized representative. Asset distribution will be handled in accordance with applicable laws and our internal procedures, which may require additional verification steps.

Tax Obligations

You are solely responsible for determining and fulfilling your tax obligations arising from your use of the platform. Wunderbar is not responsible for calculating, withholding, or reporting taxes on your behalf, except as required by applicable law. We may withhold taxes at source if mandated by law and will provide necessary documentation for tax compliance upon request.

18. Contact Us

Any questions, complaints, comments and requests regarding Cookies are welcome and should be addressed to [email protected].