for Safelemet Website (https://amlbot.com)
- The Company provides the services of AML and KYC checks, suspicious transactions reports, personal AML officer, API integration and 24/7 support of its IT team through Safelement software made available to Users via the Safelement website.
- Before using any of the Company’s services, provided via the Safelement Website the User must agree:
- In case of individuals – that they are at least eighteen years of age, or the age of legal majority in their jurisdiction if older than eighteen;
- “Website” means the Safelement website operated by the Company and available at https://amlbot.com;
- “Software” means the Company`s software application or applications and any third party or other software, and all new versions, updates, revisions, improvements and modifications of the foregoing, that the Company provides remote access to and use of via the Website as part of the Services;
- “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
SERVICES PROVIDED BY THE COMPANY
- The services of Safelement provided by the Company and available to Users via the Website (the “Services”) are as follows:
1.1. AML Checks meaning the service of provision of an automated search for the purposes of compliance with the anti-money laundering and counter-financing of terrorism regulation under the Financial Action Task Force (on Money Laundering) (FATF) Recommendations, the European Union’s Fourth Anti-Money Laundering Directive (AMLD4) and the legislation applicable to the User. The check shall be carried out by the Company’s Software. The Software provided by the Company for the purposes of AML check is made available to the User in an “as is” condition, without warranty or representation of any kind, including, without limitation, any implied warranties of suitability for a particular purpose. The Company shall not be liable to make any improvement or alteration of the Software.
- KYC checks meaning the provision of the following services:
- Document integrity check involving automated verification of the photos and scanned copies of physical KYC documents provided by the User by carrying out a comprehensive analysis of any image or series of images for signs of tampering or modification through the use of graphic editors and providing a trust score of each reviewed document;
- Text recognition involving automated extraction of data from documents provided by the User;
- Face match check involving confirmation of matches of an image of a person’s face among a range of other photo images found in various documents and generation of a completed search results in a “Match / Doesn’t Match” format;
- Identity check involving verification of a person’s identity by matching his or her passport data against data from multiple Document Check databases;
- Global Sanctions, PEP, Watchlists, Blacklists, Prohibited Countries check involving checking whether the person is on any of the global sanctions lists, PEP lists, watchlists, blacklists, or comes from prohibited countries;
- Additional check including (1) checking the completeness of documents provided by the User; (2) checking whether photos provided by the User have been retaken from a screen; (3) cross-checking of all data from all submitted documents provided by the User; (4) checking for duplicated accounts; and (5) address checks.
- Support from the Company’s IT Team 24/7 meaning the constant availability of the Company’s IT personnel to answer any questions of the User regarding the operation of the software provided to the User via the Website and to fix any issues with the operation of such software.
- API Integration meaning the service of provision of software connectivity through the integration of the Company’s API into the User’s system, establishing connection between the Company’s and the User’s IT specialists and providing such specialists with specific instructions. Further information regarding this service can be obtained at https://www.notion.so/AMLBot-0ab30d88bd1c4dc3bb6978df63d29e19.
- Suspicious transactions report meaning the service of preparation by the Company via the Website of reports that are required to be filed by the User as a reporting entity with the relevant government authorities, disclosing irregular or questionable customer behavior or activity, or transactions that are inconsistent with a customer’s known legitimate business, personal activities or the average level of activity for that kind of business or account, that may in the knowledge or belief of the User be related to money laundering or to the financing of terrorist activities. The service is limited to 10 (ten) suspicious transaction requests per month.
- Personal AML Officer meaning the consultation service provided by the Company via the Website involving a detailed analysis of the transaction based on the data of its connections recorded in the blockchain for the purposes of (1) implementation of the User’s anti-money laundering and counter-financing of terrorism policy; (2) overseeing the User’s anti-money laundering and counter-financing of terrorism activities; and (3) preparation and filing of suspicious transactions reports with the relevant government authorities. The service includes 1 (one) hour of consultation per month.
- The Company reserves its right to adjust the rates stated on the Website from time to time.
- Due to the exchange rate difference, the difference in the time of the transaction, as well as other circumstances affecting the course, the amount of the real price may be different from that stated.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
- The Services are provided “as is” and the Company hereby makes an express disclaimer of all warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
- The Company does not provide any investment advisory service, due diligence, brokerage, financial management, tax, accounting or any other professional service, and any advice or information obtained through the Company’s products and services will be used by the User and its authorized users solely at their own risk.
- Without limiting the foregoing, the Company makes no warranty of any kind that the Services or any products or results of the use thereof will meet the User’s or any other person’s requirements, operate without interruption, achieve any intended result, be compatible or work with any software system or other services, or be secure, accurate, complete, free of any harmful code or error.
FORCE MAJEURE AND OTHER FACTORS BEYOND THE CONTROL OF THE COMPANY
INTELLECTUAL PROPERTY RIGHTS
- All components and content on the Website, as well as the Website as a whole belong to the Company and are protected with, including, but not limited to copyright, trademarks, trade secrets. All rights reserved.
- By posting, uploading, inputting, providing or submitting any content to the Company (the “User Content”, the User grants the Company and any necessary sub-licensees a non-exclusive, worldwide, perpetual, right and permission to use, reproduce, copy, edit, modify, translate, reformat, create derivative works from, distribute, transmit, publicly perform and publicly display the User Content and sub-license such rights to others.
- The User is responsible for maintaining the confidentiality of any User content and any of its non-public information. The User agrees to notify the Company immediately of any unauthorized use of the User Content, or any other breach of security. The Company will not be responsible or liable for any loss or damages that the User may incur as a result of someone else using the User Content, either with or without User’s knowledge. However, the User could be held liable for losses, expenses and costs incurred by the Company or another party due to someone else using the User Content.
THIRD PARTY CONTENT
- The Company may display on the Website some third-party content, advertisements, links, promotions, logos and other materials (collectively, the “Third-Party Content”) for the User’s convenience only. The Company does not approve of, control, endorse or sponsor any third parties or Third-Party Content, and the Company makes no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, the accuracy, validity, legality, copyright compliance, or decency of such content.
- These Terms set forth the entire understanding between the Company and You with respect to the Service. You agree to rely only on the Terms alone. These Terms supersede any previous statements made by the Company.
- If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
- The User will be deemed to have accepted all modifications and revisions by continuing to use the Website and our Services.
- No failure of the Company to exercise any right, power or privilege under these Terms is deemed to be a waiver thereof, nor any partial exercise of a right, power or privilege should preclude the exercise of the entire or other right, power or privilege.
- The User may not assign any of the rights conferred to the User under these Terms without prior written consent obtained from the Company.
- The Company may assign any right or obligation under these Terms without any notice to or consent from the User
JURISDICTION AND DISPUTE RESOLUTION
- The Parties shall agree that the information regarding any arbitration proceedings, including but not limited to the information of any arbitral award, shall be deemed confidential and not disclosed to any third parties without the written consent of the Parties, unless required by law.
TERMINATION AND SUSPENSION
- The User hereby agrees that the Company may suspend or terminate access to the Services via the Website in case of, but not limited to:
- a requirement from any applicable law to which the Company is subject in any jurisdiction;
- an order from a court or other governmental authority;