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Terms of use for Retailers and Buyers

UPDATED ON JULY 18, 2022


1. What is Lunu Solutions GmbH and its services?

Lunu is a cryptocurrency payment service provider. We offer retailers the ability to accept cryptocurrencies as payment for retail goods and process cryptocurrencies in fiat currencies (EUR, GBP, etc.) for withdrawal. As further described in Section 4 of the Terms & Conditions, by using Lunu solutions' services, you authorize us to act as your agent so that we may receive, temporarily hold and disburse funds on your behalf and take any action we deem necessary to provide the services and comply with applicable law. Any payment made by the Buyer to Lunu solutions shall be deemed to be the same payment made directly to you and shall release the Buyer from its outstanding obligations to the extent of such payment.



2. Do retailers need to register with Lunu?

In order to use the Services, you must open a Lunu Retailer account with Lunu Console. When you open an account,Lunu will ask you for information to register your business under the Lunu solution to provide our services, information such as your name, date of birth. address, phone number, email address and identification number. Lunu may also ask you to see your driver's license or other identifying document. Lunu will also ask you for information about your business, including the legal name of your business, the physical address of the business, and the website of your business and information about the ultimate beneficial owner or most senior person of the organization.

The information you provide when you open an account must be accurate and complete, and you must notify us of any changes to this information within ten (10) business days. We may request additional information from you during our verification process. We have the right to reject your account registration or later close your Lunu retailer account if you do not provide us with accurate, complete and satisfactory information.

Lunu offers its solutions in partnership with many of our exchange and liquidity partners (hereinafter the “Exchanges”). Both are registered and licensed exchanges to provide the exchange service for Lunu to instantly exchange cryptocurrencies into fiat currencies. Also, Exchanges will hold and maintain Lunu corporate account therefore we will comply with all Bank Secrecy Act which requires to verify retailer identities, records of currency transactions. In the event that a retailer account is closed by Lunu or at the request of the retailer, even without completing the onboarding process or conducting a transaction, records must be kept in our system as required by law in the EU.



3. What are the Lunu conditions for your sale?

3.1. Minimum transaction amount

The minimum transaction amount for using cryptocurrencies as payment with the Lunu solution is transactions in cryptocurrencies which are the equivalent of 8 USD or equal in local fiat currencies.

3.2. Payment order and Records

You must retain all records necessary to fulfil the goods or services sold to the customer and to provide post-sale support to the customer. Lunu is required to keep records of all documentation and information collected for your merchant account for the duration that your account is active, and for at least 5 years thereafter in accordance with the applicable regulations on the recording of banking transactions and anti-money laundering.

3.3. Customer Verification

If applicable law prohibits the sale of certain goods, you must ensure that you do not sell the goods to the customer and Lunu is not responsible for this as Lunu is only a payment processor/facilitator. Also, if you sell goods such as tobacco or prohibited age restricted goods that may only be sold from the age of 18, Lunu is not responsible if you do not adequately verify the age of your Customers at the point of sale.



4. Third Parties, Security, Identity and Advertising

4.1. Your Use of Third-Party Services

When you use the Lunu services, you can be offered third-party services, goods, and promotions. If you want to use these third-party services, you do so at your own risk and are solely responsible for reading, learning, and adhering to the terms and conditions associated with them. We specifically disclaim any and all responsibility for third-party providers and services, and we are not liable for their results.

4.2. Security

We have implemented the most advanced security standard in our platform to protect our retailers from fraud, however, this does not mean that the retailer account cannot be abused. Fraud can take any form. We do not take any responsibility for fraud if any access, login information to the application/system is given by you to someone else.

4.3. How we Collect, Use and Share Information

In order to provide better service, we may share information about you and your Lunu account with our third-party service providers.

4.4. Verification of Your Identity

To verify your retailer application with Lunu during account registration, we may share your documents with identity verification (KYC/KYB) service providers and credit unions to request information about your eligibility. By accepting these terms, you give us permission to retrieve information about you through the use of third parties and acknowledge that we may need to share the information you have previously provided to us.

Lunu may from time to time work with these third parties to verify your eligibility for the services we provide to you. You agree that your use of the Services may require us to share your information with these third-party providers, who will need to verify your eligibility to use the Services in accordance with their own verification procedures. Your eligibility to use the Services according to their own verification procedures.

4.5. Advertising

Lunu shall not use, or permit to be used, the Retailer's name, trade marks or logos in any advertisements, promotional literature or information without the prior written consent of the Retailer.

4.6. Password protection policy

The Retailer will choose a password when registering the account in the Lunu console. Retailers are responsible for maintaining the confidentiality of the password and account credentials. Retailers are fully responsible for all activities that occur with the use of the password or account. Please notify us ([email protected]) immediately of any unauthorized use of the password or account or any other breach of security. If you give the password to others, we will not be liable for any loss you incur as a result ofsomeone else using your password or account with or without your knowledge. You must not allow other merchants to use your account. You must not use another person's password at any time.



5. Prohibited use and business

5.1. Prohibited Use

In connection with your use of the Services and your interactions with other users and third parties, you agree that you will not engage in the following Prohibited Uses. This list is not exhaustive and we reserve the right to change it at any time. We have the sole discretion to determine whether an activity falls into one of these categories. If you are unsure whether your use of the Services constitutes a Prohibited Use or have questions about how these requirements apply to you, please contact us at [email protected].

Prohibited Activity: Actions that would violate or contribute to a violation of any law, statute, ordinance or regulation, including applicable sanctions programs of the country in which you operate, or that would involve the proceeds of unlawful activity; actions that would publish, distribute or disseminate unlawful material or information. If we become aware of or receive notice of unlawful activity, we have the right to terminate your retailer account.

Abusive Activities: Acts that unreasonably or disproportionately burden our infrastructure or adversely affect, intercept, or expropriate systems, data, or information; transmit or upload material to our computer systems, networks, or websites that contains viruses, Trojan horses, worms, or other harmful or disruptive programs; attempt to gain unauthorized access to our computer systems, networks, or websites or to the accounts of our other customers, computer systems, or networks connected to us; interfere with another person's or entity's access to or use of the Services; Use any other party's information to access or use our computer systems, networks or websites, except in the case of specific Business Customers, specifically authorized by a user to access that user's account and information; Transfer your account access or rights to your account to a third party, except by operation of law or with the express written permission of Lunu; or Collect or otherwise collect information from our computer systems, networks or websites about others, including without limitation email addresses, without proper consent. If we become aware of or report any unlawful activity, we may terminate the Retailer account.

Offensive Actions Against Others: Actions that defame, abuse, extort, harass, stalk, threaten, or otherwise violate or infringe the legal rights (such as rights of privacy, publicity, and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hateful or violent acts against others.

Fraud: Acts intended to defraud us, our users or any other person; providing us with false, inaccurate or misleading information.

Intellectual Property Infringement: Transactions involving items that infringe a copyright, trademark, right of publicity or privacy, or other right protected by law, including, but not limited to, selling, distributing, or accessing software or other licensed materials without proper authorization from the rights holder; using Lunu's intellectual property, names, or logos, including use of Lunu's trademarks or service marks, without Lunu's consent or in a manner that otherwise harms Lunu or a Lunu copyright.

5.2. Prohibited Business

The following categories of transactions, business practices and items for sale are prohibited on the Services. Most categories of prohibited transactions are imposed by the requirements of our banking providers or regulatory authorities of specific countries and territories. This list is not exhaustive and we reserve the right to change it at any time. We have the sole discretion to determine whether an activity falls into a Prohibited Business category. If you are unsure whether or not your use of the Services falls into a Prohibited Business Category, or if you have any questions about how these requirements apply to you, please contact us at [email protected].

  • Drugs and drug paraphernalia (e.g., narcotics, controlled substances, steroids, and any equipment designed for making or using drugs);
  • Weapons of any kind, including but not limited to firearms, munitions, knives, gunpowder and other explosives (including fireworks);
  • Toxic and radioactive materials;
  • Substances designed to mimic illegal drugs;
  • Prostitution;
  • Pyramid and investment schemes, multi-level marketing schemes, and other unfair, predatory or deceptive practices;
  • Items used for speculation or hedging purposes (such as derivatives);
  • Credit and collection services;
  • Items that infringe or violate any intellectual property rights such as copyrights, trademarks, trade secrets, or patents, including counterfeit or unauthorised goods;
  • Transactions that disclose the personal information of third parties in violation of applicable law;
  • Transactions related to cloud-mining.


5.3. Restricted Business

If you engage in any of the following categories of business, you may be required to agree to additional terms and conditions and permissions from us. This list is not exhaustive and we reserve the right to change it at any time. We have sole discretion to determine whether an activity falls into one of these categories. If you are unsure whether or not your use of the Services involves a Restricted Transaction, or have questions about how these requirements apply to you, please contact us at [email protected].

  • Religious/spiritual organisations;
  • Transactions associated with purchase or sale of annuities or lottery contracts, lay-away systems, banking, offshore banking, transactions to finance, investing, investment related products.


5.4. Prohibited Jurisdictions

Lunu prohibits customers from the following jurisdictions. Most of these prohibited jurisdictions are imposed by the requirements of our banking providers or regulatory authorities. This list is not exhaustive. We will act reasonably in determining whether a transaction involves a prohibited jurisdiction.

  • Afghanistan
  • Central African Republic (the)
  • Congo (the Democratic Republic of the)
  • Crimea Region
  • Cuba
  • Eritrea
  • Guinea-Bissau
  • Iran (Islamic Republic of)
  • Iraq
  • Kosovo
  • Lebanon
  • Libya
  • Mali
  • Myanmar
  • North Korea
  • Palestinian Territories
  • Russia
  • Somalia
  • South Sudan
  • Sudan (the)
  • Syrian Arab Republic
  • Venezuela (Bolivarian Republic of)
  • Yemen

5.5. Our Right to Reject

We reserve the right to refuse to process a sale if we reasonably believe that it would violate these Terms or expose you, other Retailers, buyers or other parties to harm. If we reasonably suspect that your Lunu account has been used for an illegal purpose, you authorise us to disclose information about you, your Lunu account and your account activity to law enforcement.



6. Create a payment order and Fiat Payout

6.1. Create payment order and Exchange Rate Guarantee

We guarantee the exchange rate for the buyer to make the payment up to 5 minutes in the Lunu widget / Lunu Terminal. We cannot guarantee the exchange rate for the transaction made outside this designated 5 minute window, and any transactions made outside the window may be returned/authorized in accordance with the Retailer as we cannot guarantee the price. Lunu has built the system to recognize payments that are at risk of never receiving a block confirmation, in these cases we mark transactions as unconfirmed payments and reject them.


6.2. Fees

6.2.1. Lunu commission from Retailer

We charge 1% commission on the transaction from the retailer.

If you issue a full or partial refund to your customers, the amount of the miner fee will be deducted from the refund transaction to the customer. The deduction of the refund amount will be added as a separate entry in your retailer dashbord after the refund has been executed.

6.2.2. Purchaser Fees

Network Cost: Lunu includes network costs in the invoice amount to accept cryptocurrencies from buyers. Network costs are non-refundable when a refund is processed for the same order.

Miner Fees. Cryptocurrency transactions may require a miner fee. These miner fees are automatically created by the buyer's wallet and sent to the miner. These miner fees are not Lunu fees. Miner fees paid to the network will not be refunded if a refund is executed. We reserve the right to change our fee structure and pricing.

6.2.3. Methods of Settlement

We verify the purchase transaction on the blockchain network and update the balance of your local currency in your ledger. The debits and credits in your ledger are funds temporarily held by Lunu and its third-party provider until a settlement can be made to your bank account. You can receive a settlement in your local currency. We always prefer to provide a settlement in fiat currency to avoid price fluctuations in cryptocurrencies.

6.2.4. Settlements in Local Currencies

Direct bank transfer with local payment method is available to Retailers located in our supported countries. If you wish to receive direct bank transfer statements, you must provide us with valid bank account details. If you receive direct bank transferstatements, we will send a direct bank transfer to your bank account to clear your accumulated ledger balance within two business days.

Minimum settlement amounts and refund reserves apply to the account ledger to account for withdrawal options to the Retailer. The current minimum settlement amount varies from currency to currency and are set at EUR 200 (two hundred), GBP 200 (two hundred) and USD 500 (five hundred).

6.2.5. Your Bank Account

It is your sole responsibility to update your account details with us if you change or close your existing bank account. We are not responsible for any charges incurred for chargeback of overdrafts or related bounce fees for the closed/cancelled accounts.

Once the new account is updated with Lunu, it will take a few days for your retailer account to be updated with the new bank details. Therefore, there may be a delay in statements when the new bank information is updated.

6.2.6. Refund Reserve

You agree that Lunu may establish a refund reserve. The refund reserve will be used for refunding invoices (e.g. return of the product by the customer, refund initiated by the retailer, non-payment, technical failure of the order, etc.). The refund reserve is held in local fiat currency (e.g. EUR, GBP, USD) to fund refund requests in cryptocurrency. Once the refund reserve is set, Lunu will not settle the refund reserve amount for agreed refund reserve time. Once the refund reserve is completed, the refund reserve amount is released to the retailer's general ledger and then paid out to the retailers bank account.

6.2.7. Minimum Settlement Value

Lunu will settle to the Retailer bank account from Lunu's general ledger balance once daily, unless otherwise agreed by the Retailer in writing in advance.

6.2.8. Unclaimed transaction

If a payment exception is made and Lunu receives cryptocurrency and Lunu is unable to contact you or the Buyer and has no record of your or the Buyer's use of the Services for several years, applicable law may require Lunu to report those funds to the appropriate jurisdiction as unclaimed property. If this is the case, Lunu will attempt to locate you or the Buyer using the notification information contained in our records. However, if Lunu is unable to locate you or the buyer, Lunu may be required to turn over such funds to the appropriate state or jurisdiction as unclaimed property. Lunu reserves the right to deduct a retirement fee or other administrative fees from such unclaimed funds to the extent permitted by applicable law.

6.2.9. Retailer Account Information in Retailer dashboard

Through your retailer account, you can access account information that includes your general ledger and transaction and billing history. If you experience an error, you must notify us as soon as possible to resolve the issue.



7. Lunu Refunds and Adjustments policy

7.1. Refund

Lunu can facilitate cryptocurrency refunds on your behalf. You can opt for a partial refund or a refund of the full amount of the original purchase. If you do not have enough funds in your Lunu account to cover the refund, Lunu may require you to deposit fiat into your Lunu account to cover the refund to the buyer. Any currency conversion required during the refund process will be calculated at a spot rate set by Lunu. Refund processing time is 1 working day post receiving the required details from the customer.

Please note that the applicable network fee will be deducted from the refund amount. Every crypto transaction incurs a standard network fee in addition to the transaction amount. This fee depends on the crypto currency and network used for payment. Lunu does not charge any additional transaction fees.

The minimum refund amount after deducting the network/miner fee should be equivalent to at least 7 EUR.

Eg.

Scenario 1: If 1 BTC is 1000 EUR (assuming) at the time of purchase and buyer returns the product and expects the refund after 15 days. The price EUR against BTC after 15 days may be 0.8 BTC. In this case Lunu only can refund approximately 0.8 BTC to the buyer after deducting Miner fees.

Scenario 2: If 1 BTC is 1000 EUR (assuming) at the time of purchase and buyer returns the product and expects the refund after 20 days. The price EUR against BTC after 20 days may be 1.1 BTC. In this case Lunu can refund approximately 1.1 BTC to the buyer after deducting Miner fees.

If a payment exception is not refunded within 30 days of the refund reserve after the invoice creation date, the transaction will be recorded as an "Unclaimed transaction" in Lunu Ledger. The retailer is then responsible for contacting the buyer and settling the refund amount.

7.2. Payment Exception

In certain situations, if a purchase order/invoice is not paid in full or is overpaid, this will result in a payment exception and an incomplete purchase order. Buyers can resolve these exceptions either in the Lunu widget or on the Lunu contact page https://support.lunu.io/contact-us.

Buyers can also contact the merchant and request a refund. Lunu charges miner fees for refunding a payment. If the buyer requests a refund for a Payment Exception, Lunu will deduct the miner fees from the refund amount. Refunds will only be made in the original format currency of the transaction (e.g. if the invoice was paid in BTC, the refund will be in BTC only).

7.3. Expired Payment

Expired Payments occurs when a transaction is received outside the time window of specified 5 minutes in the Lunu widget and terminal. All payments sent to the expired address will show up in Lunu's system as an expired payment. Buyers can request refunds for the expired payments either in the Lunu widget or on the Lunu contact page https://support.lunu.io/contact-us. Lunu will deduct the miner fees from the refund amount.

7.4. Unsupported Payments

For an overview of currently supported wallets and cryptocurrencies, please visit https://lunu.io/recommended-wallets. Currently, Lunu does not support any other cryptocurrencies or wallets unless specifically stated on our website. Any payment made with unsupported wallets, exchanges, cryptocurrencies will be marked as "Unsupported Payments" and the transaction amount will be refunded to the buyer after deducting the miner fees.

7.5. Disclosure of Your Refund Policy

Lunu is not responsible for the retailer's refund policy. However, we recommend that merchants have a clear refund policy for their customers (including, if applicable, "no refunds are allowed as all sales are final"). For certain industries, a refund policy may not be applicable (e.g., when a service is provided). If refunds are allowed, Lunu can only refund the amount in cryptocurrencies.

7.6. Purchaser Complaints

Customers who complain to Lunu about a purchase will be referred to you for resolution. Lunu reserves the right to terminate accounts that receive excessive complaints.

7.7. Retailer Complaints

Retailer who wishes to complain about our processing service can do so by emailing [email protected] or via our contact page https://support.lunu.io/contact-us.



8. Miscellaneous

8.1. Taxes

You are solely responsible for determining all taxes that are imposed, incurred or required to be imposed, paid or withheld for any reason (“Taxes”) in connection with your use of our Software and Services. You are also solely responsible for collecting, withholding, reporting and remitting correct Taxes to the appropriate taxing authority. We are not required to, nor will we, determine whether any Taxes are due, or calculate, collect, report or remit to any taxing authority any Taxes arising from any Transaction.