These Terms of Use (the "Terms") form a legally binding agreement between you (the "User," "you" or "your") and SMARTFINSERVICE LLC (Identification Number 405607400, Registration Number 0018-9404), a limited liability company incorporated in Georgia and licensed by the National Bank of Georgia as a Virtual Asset Service Provider (the "Company," "we," "us" or "our"). By accessing or using the website https://gecrypto.com/ (the "Website") or any of our services, you confirm that you have read, understood and agreed to be bound by these Terms. If you do not agree, please do not use the Website or our services.

1. Introduction

These Terms govern your access to and use of the Website and all related products, features and services made available by the Company (collectively, the "Services"). Together with our Privacy Policy, AML/KYC Policy and any other policies referenced from the Website, they constitute the entire agreement between you and the Company.

Your use of the Website constitutes your unconditional, unequivocal and express consent to these Terms. We reserve the right to amend these Terms at any time in accordance with Section 17 (Changes to the Terms). Your continued use of the Website or Services after any such amendment becomes effective constitutes your acceptance of the amended Terms.

2. Definitions

For the purposes of these Terms, the following definitions apply:

  • Account — a user account opened by you on the Website to access the Services.

  • Applicable Law — the laws of Georgia, including the Law of Georgia on Facilitating the Prevention of Money Laundering and the Financing of Terrorism, regulations issued by the National Bank of Georgia and any other laws or regulations applicable to the Services.

  • Fiat Currency — any government-issued currency that is designated as legal tender in its country of issuance.

  • KYC — Know-Your-Customer procedures conducted by the Company to verify the identity of Users.

  • Order — a request submitted by you through the Website or through any other channel approved by the Company to purchase, sell or exchange Virtual Assets.

  • Services — the virtual asset and related services described in Section 5.

  • Virtual Asset — a digital representation of value that can be digitally transferred, stored or traded and that meets the definition of a virtual asset under Applicable Law.

  • Website — https://gecrypto.com/ and any of its subdomains.

3. Eligibility and Account Registration

To use the Services, you must:

  • be at least 18 years of age and have the legal capacity to enter into a binding contract under the laws of your jurisdiction;

  • not be a resident or citizen of, or located in, a Prohibited or Restricted Jurisdiction (see Section 9);

  • not be subject to any economic, financial or trade sanctions administered or enforced by the United Nations, the European Union, the United States, the United Kingdom or any other competent authority;

  • act on your own behalf and not on behalf of any third party, unless we have expressly approved such representation in writing.

To access certain Services, you must register an Account. You agree to provide accurate, current and complete information during registration and to keep this information up to date. You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must notify us immediately at [email protected] of any unauthorised use of your Account or any other security breach.

4. Identity Verification and AML/KYC Compliance

The Company is required by Applicable Law to identify and verify its Users, monitor transactions and report suspicious activity. By using the Services, you acknowledge and agree that we may, at any time:

  • request documentation to verify your identity, source of funds, source of wealth, beneficial ownership and the purpose of the business relationship;

  • screen you against sanctions, politically-exposed-persons (PEP) and adverse-media lists;

  • refuse, delay, restrict or reverse a transaction where required by Applicable Law or our internal compliance policies;

  • report transactions or other information to the Financial Monitoring Service of Georgia, the National Bank of Georgia or any other competent authority.

Detailed information on our AML and KYC obligations is set out in our AML/KYC Policy, which forms an integral part of these Terms. By registering on the Website and/or using the Services, you confirm that the purpose of your business relationship with the Company is the lawful purchase, sale or exchange of Virtual Assets in exchange for other Virtual Assets or Fiat Currency, and that you are the ultimate beneficial owner of the funds and assets involved in your transactions.

5. Services

Subject to these Terms and Applicable Law, the Company provides the following Services:

  • buying and selling of Virtual Assets in exchange for Fiat Currency;

  • exchange of one Virtual Asset for another;

  • transfer of Virtual Assets between wallets supported by the Company;

  • cash and bank-transfer settlement of Virtual Asset transactions in accordance with our licensed activities;

  • any additional services that the Company may, from time to time, make available through the Website.

We may add, modify, suspend or discontinue any Service, or any feature of a Service, at any time without prior notice. We make no representation that any Service will be available in your jurisdiction or for any particular Virtual Asset.

6. Risk Disclosure

Virtual Assets are a high-risk asset class. Before using the Services, you must carefully consider whether trading or holding Virtual Assets is appropriate for you in light of your financial situation, investment objectives and risk tolerance. You acknowledge and accept the following risks:

  • Market and price volatility. The value of Virtual Assets can fluctuate significantly and rapidly. You may lose some or all of the funds you allocate to Virtual Assets.

  • Liquidity risk. Markets for Virtual Assets may become illiquid. You may be unable to sell or exchange a Virtual Asset at the price or time you wish.

  • Irreversibility. Transactions involving Virtual Assets recorded on a distributed ledger are generally irreversible. We cannot recover or reverse a transaction once it has been confirmed on the relevant blockchain.

  • Custodial and security risk. Virtual Assets are exposed to cyber-attacks, theft, loss of private keys, software defects and other technical failures. While we take reasonable security measures, no system is completely secure.

  • Regulatory risk. Laws and regulations governing Virtual Assets are evolving and may change in ways that adversely affect the value or transferability of Virtual Assets, the availability of the Services or your rights as a User.

  • Technology and network risk. Blockchain networks may be affected by forks, congestion, mining concentration, consensus failures or attacks. Such events may delay or prevent the completion of transactions.

  • No deposit protection. Virtual Assets are not legal tender and are not covered by any deposit insurance, investor compensation scheme or similar protection.

  • Tax responsibility. You are solely responsible for determining the tax implications of your transactions and for filing and paying any applicable taxes in your jurisdiction.

The Company does not provide investment, financial, tax or legal advice. Nothing on the Website should be construed as a recommendation to buy, sell or hold any Virtual Asset.

7. Fees and Charges

We may charge fees for the use of the Services, including but not limited to transaction fees, exchange spreads, network fees and withdrawal fees. Applicable fees are communicated to you before you confirm a transaction and may also be published on the Website. Fees may change from time to time; changes will not affect transactions that you have already confirmed.

Unless expressly agreed otherwise in writing, all fees are non-refundable. Network and third-party fees (such as blockchain miner fees) are determined by external networks or providers and are outside our control.

8. User Obligations and Prohibited Activities

You agree to use the Website and Services only for lawful purposes and in accordance with these Terms. You shall not, and shall not allow any third party to:

  • use the Services in connection with money laundering, terrorist financing, proliferation financing, fraud, market manipulation, tax evasion or any other unlawful activity;

  • provide false, inaccurate, incomplete or misleading information, or impersonate any person or entity;

  • circumvent or attempt to circumvent any verification, monitoring or security measure of the Company;

  • use the Services on behalf of an undisclosed third party or for the benefit of any sanctioned person or jurisdiction;

  • access or attempt to access any account, system or data without authorisation, or interfere with the integrity, security or performance of the Website;

  • introduce any malware, virus, worm, trojan horse or other malicious code into the Website or use any automated means to scrape, harvest or extract data from the Website without our prior written consent;

  • infringe the intellectual property, privacy or other rights of the Company or any third party.

You are responsible for ensuring that your use of the Services is lawful in your jurisdiction. If you are unsure, you should seek independent legal advice before using the Services.

9. Prohibited and Restricted Jurisdictions

The Services are not offered to, and may not be used by, persons who are residents, citizens of, or located in:

  • jurisdictions subject to comprehensive sanctions administered by the United Nations, the European Union, the United States Office of Foreign Assets Control (OFAC), the United Kingdom or other competent authorities (including, at the date of these Terms, the Democratic People's Republic of Korea, Iran, Syria, Cuba and the non-government-controlled areas of Ukraine);

  • jurisdictions identified by the Financial Action Task Force (FATF) as high-risk and non-cooperative;

  • any jurisdiction in which the provision or use of the Services is prohibited or restricted by Applicable Law.

You represent and warrant that you are not located in, and will not use the Services from, any such jurisdiction. We reserve the right, at our sole discretion, to add or remove jurisdictions from this list and to refuse or terminate Services to any User on this basis.

10. Transaction Execution and Irreversibility

Once you confirm an Order, the relevant transaction will be executed in accordance with the parameters displayed at the time of confirmation. You acknowledge that:

  • transactions on public blockchains are final and cannot be reversed, cancelled or amended by the Company once broadcast to the network;

  • you are solely responsible for the accuracy of all transaction details, including wallet addresses, network selection, amounts and beneficiary information;

  • we are not liable for losses resulting from your input errors, the use of an incorrect network or address, or the loss of access to your wallet or private keys;

  • we may delay or refuse to execute an Order if we reasonably believe it would violate Applicable Law, our internal policies or these Terms.

11. Suspension and Termination

We may, at our sole discretion and without prior notice, suspend, restrict or terminate your Account, refuse to provide Services or freeze funds or assets held in your Account where we reasonably believe that:

  • you have breached these Terms, the AML/KYC Policy or any Applicable Law;

  • your Account is being used in connection with suspicious or unlawful activity;

  • continued provision of the Services would expose the Company to legal, regulatory, reputational or operational risk;

  • we are required to do so by a competent authority or by Applicable Law.

You may close your Account at any time by contacting us at [email protected], provided that you have no outstanding obligations to the Company. Termination of these Terms or your Account will not affect any rights, obligations or liabilities that have accrued prior to termination.

12. Intellectual Property

All intellectual property rights in the Website, the Services and their content — including text, graphics, logos, trademarks, software and design — are owned by the Company or its licensors and are protected by Applicable Law. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for your personal, non-commercial use, subject to these Terms. You may not reproduce, distribute, modify, publicly display, create derivative works of, or otherwise exploit the Website or its content without our prior written consent.

13. Disclaimer of Warranties

The Website and the Services are provided on an "as is" and "as available" basis, without any representations or warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness or uninterrupted operation, to the maximum extent permitted by Applicable Law. We do not warrant that the Website will be free from errors, defects or security incidents, or that any Virtual Asset listed on the Website will retain its value.

14. Limitation of Liability

To the maximum extent permitted by Applicable Law, the Company, its affiliates, directors, officers, employees and agents shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including loss of profits, loss of revenue, loss of business, loss of data, loss of goodwill, or loss of the value of Virtual Assets, arising out of or in connection with your use of, or inability to use, the Website or the Services, whether based on contract, tort, statute or any other legal theory, even if we have been advised of the possibility of such damages.

Without limiting the foregoing, our aggregate liability to you arising out of or in connection with these Terms shall not exceed the total amount of fees paid by you to the Company during the twelve (12) months preceding the event giving rise to the liability.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Applicable Law.

15. Indemnification

You agree to defend, indemnify and hold harmless the Company and its affiliates, directors, officers, employees and agents from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your breach of these Terms or any policy referenced herein; (b) your violation of any Applicable Law or third-party right; or (c) your use or misuse of the Website or the Services. This obligation shall survive the termination of these Terms.

16. Force Majeure

The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government action, sanctions, embargoes, changes in Applicable Law, labour disputes, pandemics, blockchain network failures or forks, distributed denial-of-service attacks, internet or telecommunications failures, or failures of third-party service providers. During such an event, our affected obligations shall be suspended for the duration of the event.

17. Changes to the Terms

We may amend these Terms at any time. We will notify you of material changes by posting a prominent notice on the Website, by email or through your Account at least seven (7) calendar days before the changes take effect, unless a shorter period is required to comply with Applicable Law or to address a security or regulatory issue. Your continued use of the Website or the Services after the effective date constitutes acceptance of the amended Terms. If you do not agree to the amended Terms, you must stop using the Services and may close your Account.

18. Notices and Communications

Unless otherwise required by Applicable Law, all notices to you will be sent to the email address associated with your Account or posted on the Website. Notices are deemed received twenty-four (24) hours after they are sent or posted. You may send notices to us at [email protected]; such notices are deemed received only upon our written confirmation of receipt.

You consent to receiving communications from us in electronic form. Electronic communications satisfy any legal requirement that a communication be in writing.

19. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Georgia, without regard to its conflict-of-laws principles.

The parties shall first attempt to resolve any dispute amicably through good-faith negotiation. If the dispute cannot be resolved within thirty (30) calendar days from the date one party notifies the other in writing, the dispute shall be submitted to the exclusive jurisdiction of the Tbilisi City Court.

20. Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable, or, if it cannot be so modified, severed from these Terms. The remaining provisions shall continue in full force and effect.

21. Assignment

You may not assign, transfer or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer or delegate our rights and obligations under these Terms at any time, including to an affiliate or in connection with a merger, acquisition, corporate reorganisation or sale of assets, without your consent.

22. Entire Agreement

These Terms, together with the Privacy Policy, the AML/KYC Policy and any other policy expressly incorporated by reference, constitute the entire agreement between you and the Company in relation to your use of the Website and the Services and supersede any prior agreements or understandings between the parties on the same subject matter. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

23. Contact Information

If you have any questions about these Terms or our Services, please contact us: