- Terms and Definitions
1.1 The current terms of use define the obligations and regulate the rights between the parties, namely between the FREEOBMEN service and the user.
1.2 Only upon absolute acceptance of these terms does the client have the right to perform exchanges using the service.
1.3 Use the services of the service only if you unconditionally accept all the rules and conditions after reviewing them.
1.4 FREEOBMEN is a service that provides quality services related to the exchange of digital electronic funds and operates for its clients.
1.5 The user is an individual who agrees to the terms of service provision and is ready to utilize its services.
1.6 The payment system refers to the procedures and rules, as well as their aggregate, through which the exchange of digital money and electronic currency occurs.
1.7 An operation or payment is the transfer of digital money from one side of the exchange to another, as well as in the reverse direction.
1.8 An application is the data filled out by the user using the service's website when they decide to utilize the services for exchanging digital currency and electronic money.
1.9 The services of the service are a list of all services, the information about which is posted on the service's website and which are provided to the client who agrees with the terms and policies of the service, including the purchase, sale, and exchange of digital currency and electronic funds, as well as other services. - Procedure for Accessing the Service
2.1 If a user wishes to utilize the services of FREEOBMEN, they must visit the official website of the service and fill out an electronic application, sending it for execution.
2.2 Each user of the service has access to information related to the exchange conditions and can track the execution of their application and monitor its status change via the user interface.
2.3 All applications are executed by the service based on the operational conditions of partner payment systems. The operation of any other payment system is beyond the service's control, and the service bears no responsibility for its stability.
2.4 In providing its digital currency and electronic money exchange services, the service verifies the legality of the user's ownership of the funds involved in the exchange.
2.5 By filling out an exchange application and sending it for execution to the operator, the user thereby commits to transfer the amount of funds specified in the application to the service's account, and the service, in turn, undertakes the obligations to credit the funds to the details specified by the user in accordance with the commission and the exchange rate applicable at the time of application creation.
2.6 The amount of the commission that the service charges for its services will be accounted for in the exchange rate and will be displayed in the application. Creating an exchange application and sending it to the service operator for execution means that the user agrees with the exchange rate.
2.7 At the moment when the service pays the user funds from its account, the transaction will be successfully completed. The transaction history will be available in the client's personal account and will also be recorded in the transaction history of the payment system.
2.8 If the service receives a request for an exchange, but the client does not transfer the amount specified in the request to the service's account within 10 minutes, such a request will be automatically canceled or recalculated at the time the funds are received. If the request is canceled and the funds are credited after the designated time, upon the user's request, they may be returned to them after deducting the commission. To return their funds, the user must contact the service within 24 hours by sending a written request.
2.9 If funds are received from the user after the designated time, all information about them will be stored in the service for 30 working days. After the specified period, all data will be destroyed without the possibility of recovery.
2.10 If funds are received from the user and their amount is less than the minimum established amount, these funds will not be returned. To ensure that the funds are credited to the correct details, the user must ensure the accuracy of all the information they provide. If the user makes an error when entering payment details, the service has the right to request additional information by contacting the support email. This will help identify the transfer.
2.11 If incorrect data or payment details that have been blocked are provided, or if funds are received by the exchange service that carry a high risk according to AML checks, or if the exchange operation was not completed at the user's initiative, the service may return the funds. It should be noted that such a return will only be made after the user contacts the service with a written request, and a commission and penalty (2% of the transaction amount) will be deducted from the payment amount. The money will be returned to the account from which it was originally sent to the service.
2.12 As soon as the service receives money from the client into its account, the request will be processed within 15 to 180 minutes. If the money is sent in cryptocurrency, the receipt of funds will be counted after the required number of confirmations from the network. For each cryptocurrency, the service establishes a different number of required confirmations from the network. Please check with the operator.
2.13 If the user receives money from the service in an amount exceeding the actual amount specified in the request, the user will have to return the erroneously credited funds. If the user refuses to do so or does not respond to the service specialists' requests and does not return the money, the service will withhold the overpayment amount in the next transaction.
2.14 If the user does not deposit the full amount into the service's account within 6 hours after creating the request, the amount will be recalculated according to the current exchange rate or returned to the user. In this case, the commission and other expenses will be deducted from this amount.
2.15 Requests for cryptocurrency to cryptocurrency exchanges may take longer to process, from 15 minutes to several hours.
2.16 If the service suspects the user of fraud or money laundering, it has the right to ask the user to provide documents confirming their identity, and the user must provide these documents to the service, as well as require the client to provide additional information revealing the origin of the digital assets and/or confirmation that these assets were not obtained illegally. The service has the full right to make this request if, as a result of an AML/KYC check, it is found that the funds have a high-risk factor of 50% or higher.
2.17 Any additional data and documents that the service may require from the user to confirm the transfer of money to the service wallet must be provided by the user. Such documents include various screenshots or video recordings that confirm the user's login to the platform and the transfer of funds.
2.18 In the event of a blockage by partner payment systems of funds received from the user, the application will be frozen until the funds are fully unblocked, and the exchange rate will not be fixed. The client is obliged to provide the service with all necessary documents requested by third-party partner payment systems for the unblocking of funds.
2.19 If the partner payment system suspends the transaction at the moment the funds are sent to the client to the specified details in the application, the exchange rate will be fixed at the moment of conversion of the funds.
2.20 Funds that have been transferred without a properly created application will be frozen until the circumstances are clarified. The owner of these funds must fully provide evidence of the ownership of these funds. Additionally, full verification on our website is required.
2.21 In the case of a refund initiated by the client, all expenses and fees will be charged to the client at a rate of 4% of the received amount.
- Service Fees
3.1 All current exchange rates can be found on the FREEOBMEN website. It is important to note that exchange rates are subject to regular changes.
3.2 The commission fee that the user pays to the service for its services is included in the exchange rate.
3.3 Changes in rates may occur at any time at the discretion of the Service, and the Service is not required to notify the Client. - Liability of the Parties
4.1 The Service facilitates the sale, purchase, and exchange of digital money and electronic currencies.
4.2 FREEOBMEN provides its clients with high-quality services and support around the clock, seven days a week, for all issues related to exchanges.
4.3 The Service commits to fulfilling its obligations to the Client, but this responsibility is limited to the amount that the user transferred to the Service as part of the transaction.
4.4 The Service is not liable for any losses incurred by the user due to third parties and their actions.
4.5 If the user incurs losses due to failures, errors in electronic payment transactions, technical updates of cryptocurrency exchanges, or due to prolonged interbank transfers, or if they fail to receive expected income for these reasons, the Service is not responsible for such costs.
4.6 During registration, the client must provide a valid e-mail address. Email services such as @protonmail.com, @proton.me, @startmail.com, tutanota.com, and others are blocked in Russia by the decision of Roskomnadzor. Emails from such services will not be received. Please use other email services.
4.7 Parties are not liable for non-fulfillment (either in whole or in part) of obligations if such non-fulfillment was caused by circumstances that were not directly dependent on them and if this force majeure was something the parties could not prevent or foresee.
4.8 Force majeure circumstances, which do not depend on the parties to the transaction, include military actions, earthquakes, fires, floods, actions taken by the main state authorities, and any other actions that the parties cannot control or influence.
4.9 By using the services of the service, the user confirms that they are the sole owner of the funds used in the transaction and can dispose of them at their discretion.
4.10 If the user makes an error in any recipient details while filling out the data, resulting in financial or any other damage related to their error, they will bear full responsibility for such damage.
4.11 By using the services of the service, the client confirms that they have no intention of violating the norms and rules established at the legislative level, engaging in the falsification of communications used by the service in its operations, and that they have no intention of influencing the service's software code and its functioning.
4.12 All information that the user provides to the service for the transaction is strictly confidential and anonymous. The only cases in which the service may provide user information are requests from state authorities and authorized representatives of payment systems if there are grounds supported by law.
4.13 To maintain communication during the provision of services, both parties use email and other technical support contacts.
4.14 The Freeobmen service is not responsible for the timeliness and quality of services provided by other payment systems.
4.15 The exchange service has the right to stop the request and refund the funds sent by the client in case of failures in the operation of the exchange service rates or significant losses due to currency rate differences.
4.16 The user agrees to provide the details of their personal wallet or exchange in the application. In the event of transferring funds to the details of third parties, the service is not liable for any issues arising from the transfer, and the user assumes full responsibility. Subsequently, if such exchanges are identified, the funds will be frozen until all circumstances of the exchange are clarified and verification is completed (in accordance with clause 2.16).
5 Other Mutual Agreements
5.1 The service may not be used for illegal transactions or transactions related to fraud. If a user intends to use the service, they thereby consent to being fully aware of all the consequences of illegal actions, ranging from fines to legal proceedings in accordance with applicable law.
5.2 If the service administration suspects that a user is using it for illegal transactions, the administration reserves the right to report such transactions to law enforcement authorities in the country, as well as to the administrations of other payment systems. Additionally, the service administration may inform potential victims of fraud if the fact of illegal actions is proven.
5.3 The service administration reserves the right to refuse users service without providing any explanation for such refusal.
5.4 Any information provided by the client to the service is stored on the server for three months. If the user needs to delete their account or restrict access to it, they must send a corresponding request to the service.
5.5 If necessary, the service has the right to send the user information about the exchange process to the email address provided by them. This is necessary to ensure that the exchange is successfully completed.
5.6 Any disputes and disagreements between the client and the service can be resolved through negotiation. For this, the client must send a written statement to the email address specified in the service's contact information. Please note that such a letter must be sent from the current email address that was provided by the client during the creation of their exchange request.
5.7 If the administration finds it necessary to supplement or change the existing agreements, it reserves the right to do so at any time. These changes become effective once the information about them appears on the official website of the service.
5.8 If the user engages in inappropriate communication with the service specialists or refuses to provide the necessary information for completing the exchange and successfully resolving the issue, the service reserves the right to cease communication with the client.
5.9 By using the services of the exchange service, the user agrees to undergo identity verification.
5.10 The exchange service has the right to request personal data from the client in any format and quantity that the exchange service deems necessary for complete identification.
5.11 The client consents to the Platform conducting necessary investigations, directly or through third parties, to verify identity or protect the Client and/or the Platform from financial crimes, such as fraud. Such third parties may include KYC services and/or other systems, and the Client does not limit the Platform's choice of such parties.
5.12 By using the services of the exchange service, the client agrees to AML checks for all their operations and transactions.
5.13 The wallet addresses of transactions conducted on the Platform undergo automatic AML checks.
5.14 By using the services of the exchange service, the Client agrees to the AML check of all their operations and transactions. The exchange service has the right to request the identification of the client (KYC) if the client's online address is linked to the following platforms: Illegal Service, Mixing Service, Darknet Marketplace, Darknet Service, Sanctions, Illicit Actor/Organization, High-Risk Jurisdiction, Gambling, Enforcement action, Scam, Stolen Coins, Terrorism Financing, Fraud Shop, Fraudulent Exchange, Child Exploitation, Seized assets, Ransom. After the client's identification is completed, the funds will be returned to the sender's address minus a 5% fee. If the address is associated with the aforementioned platforms or similar types, the funds will not be returned to the client until the identity verification is completed.
5.15 In the event of a blockage by payment systems or cryptocurrency exchanges of funds received from the user, the application will be frozen until the funds are fully unblocked. The exchange rate will be fixed at the time of unblocking the funds and receiving feedback from the client. The client is required to provide the service with all necessary documents for the unblocking of funds.
5.16 By using the services of the Site, the Client agrees to undergo identity verification. The Site may request any personal data in any format and volume that it deems necessary for complete verification. All information provided by the client may be transmitted to regulatory authorities in the following cases:
- at the request of law enforcement agencies.
- in accordance with the decisions of judicial authorities from various jurisdictions.
- at the request of payment system administrations.
5.17 Mandatory compliance with the regulatory requirements of the country of the user's citizenship. To fulfill the terms of regulatory transactions that govern the conditions for conducting conversion transactions online. The exchange service has the right to recalculate the exchange rate fixed for the application in the event of:
- a prolonged receipt of funds from the client to the service due to delays on the part of the third-party service (more than 10 minutes).
- if the client indicated the minimum commission for the transaction, leading to a prolonged delay in the receipt of funds to the service's account.
- if the client did not confirm the payment of the application on the site, thus not notifying the service of the payment being made.
- the rate is fixed after the complete confirmation of the network and the actual receipt of funds.
- if a preliminary exchange rate is indicated when creating the application, formed at the best offered price. If the exchange values change by more than 0.1%, a protective mechanism against potential losses is activated. This mechanism corresponds to a reduction in the final price to 1.5% of the current exchange rate on the Binance/ByBit/Htx/KuCoin exchanges.
- when exchanging in the direction of banks and payment systems, the rate is fixed at the time of application creation and may be changed without prior notice to the client at the time of crediting funds to the exchange if the current rate deviates by more than 0.5% from the original rate in the application.
6 Taxation
6.1 The service provides cryptocurrency and electronic money exchange services and does not act as a tax agent; therefore, the user will not receive any information from the service regarding their tax expenses. Consequently, all tax obligations that arise for the user in their place of residence must be fulfilled in a timely and independent manner.
6.2 In the event that the user refuses to pay taxes, resulting in a debt, and authorities require the service to settle this debt, the user agrees to reimburse the service for all incurred losses and to pay the amounts in full.