Legal - T&C and Policies

1. Introduction

This security policy outlines the essential security measures and practices for UAB Wind Technologies ("Wind"). to safeguard our non-custodial mobile wallet and web-based payouts dashboard, ensuring the confidentiality, integrity, and availability of user and company data.

2. Password Management

When you create a Wind account, we use an algorithm called bcrypt to turn your plaintext password into a hash that’s unique to your account. This means that your password is stored as a random string of information which makes it hard to figure out. Therefore, no one—including Wind—can decrypt your stored hash to figure out the underlying password. Instead, when you sign into your account, our system verifies it’s you by the stored hash that returns in our system.

3. Self Custody

Wind is committed to empowering its users to take control of their digital assets, and this commitment is at the heart of our self-custodial wallet. In the ever-evolving world of cryptocurrency, self-custody has emerged as a pivotal concept, and we are here to guide you through its importance and the role it plays in your financial sovereignty.

3.1. Your Private Keys

In the world of cryptocurrencies, your private keys are the keys to your financial kingdom. With our wallet, you are the sole owner of your private keys. This means that you, and only you, have access to your assets.

4. Security and Encryption

The technology that powers Wind was developed with industry-leading encryption and security at its core. We’re constantly upgrading Wind to stay ahead of any threats and to keep your Web3 experience as safe as possible.

Your private keys are strongly encrypted with an AES algorithm and they are also securely stored on your device. The passcode you set for Wind on your mobile device is strongly hashed before being saved to your device and is stored in a tamper-proof key store. Additionally, while using any of our products, your private keys never leave your device and are never sent over the internet or exposed to third parties.

4.1. Data Encryption

In the world of cryptocurrencies and self-custody, data encryption plays a paramount role in ensuring the security and privacy of your digital assets. Wind employs robust encryption techniques to protect your data and assets against unauthorized access, breaches, and theft.

We utilize industry-standard encryption algorithms, such as Advanced Encryption Standard (AES) with a 256-bit key length, to secure your data at rest. AES-256 is widely regarded as one of the most secure encryption methods available, ensuring that your stored data remains confidential and protected from potential threats.
For added security, we encourage the use of end-to-end encryption when sending or receiving cryptocurrencies. This means that only the intended parties can decrypt and access the transaction information.

4.2. Data Backup and Recovery

In the world of self-custodial wallets, data backup and recovery strategies are vital to ensure the long-term safety and accessibility of your digital assets. Wind understands the importance of these practices and provide guidance to help you protect your holdings effectively.

We regularly back up critical data to ensure data recovery in case of data loss or cyberattacks.
We test and validate data backup and recovery procedures.

5. Application Security

5.1. Code Review and Testing

We conduct thorough code reviews to identify and remediate any security-related issues. This process ensures that no security vulnerabilities go unnoticed before the application is deployed.
Our development team follows secure coding guidelines and best practices throughout the software development life cycle. These practices help identify and address vulnerabilities at an early stage of application development.

5.2. Secure APIs

Access to our application's APIs is restricted and controlled to prevent unauthorized access. Only authorized entities, such as the wallet owner, are allowed to interact with the APIs.
Our APIs use strong authentication mechanisms and role-based access control to ensure that only users with the appropriate permissions can perform actions within the application.

6. Incident Response

6.1. Incident Reporting

Incident response is a crucial aspect of your self-custodial wallet's security strategy. It involves preparing for, detecting, responding to, and recovering from security incidents to minimize their impact and protect your digital assets. Here's an expanded section on incident response:

We have established procedures for reporting security incidents. Users can report incidents through dedicated channels, such as email, online forms, or our customer support.
Upon receiving an incident report, our response team takes immediate action to assess the situation, contain the incident, and initiate an investigation.

6.2. Incident Mitigation

Containment: Once the incident is understood, containment measures are initiated to prevent further damage and stop the attacker's access to your digital assets.
Recovery: Parallel to containment, recovery procedures are executed to restore affected systems and services to normal operations.

7. Secure Third-Party Integration

Third-party integrations can offer valuable features and functionalities to your self-custodial wallet, but they also introduce potential security risks. Wind takes a diligent approach to secure third-party integration to ensure that the integration of external services and applications is done safely.

7.1. Vendor Security Assessment

Before integrating any third-party service, we perform a thorough risk assessment. This includes evaluating the security posture of the vendor, their reputation, and their track record for data protection and compliance with relevant regulations.
We ensure that any third-party integration adheres to our predefined security standards. This means that the integration must meet specific security requirements and guidelines to minimize vulnerabilities.

8. User Education and Training

Wind understands that providing user education and training is pivotal to ensuring that our users can confidently and securely manage their self-custodial wallets. We're committed to empowering users with the knowledge and skills they need to protect their digital assets.

8.1. Security Awareness

We provide a wealth of educational resources, including articles, guides, videos, and tutorials, to help users understand the security features and best practices of our self-custodial wallet.
Users are educated about the various threats and risks that exist in the cryptocurrency space, including phishing attacks, malware, and social engineering, so they can recognize and respond to potential dangers.

9. Continuous Improvement

Wind recognizes that the landscape of cryptocurrency and cybersecurity is constantly evolving. As such, we are committed to a culture of continuous improvement to ensure the security of your self-custodial wallet remains at the forefront of industry standards

9.1. Security Updates

We stay vigilant and monitor security vulnerabilities and threats. When security updates or patches are released by our development team or third-party software providers, we respond promptly to address known vulnerabilities.
We encourage users to regularly update their self-custodial wallet software and related applications. These updates often include security enhancements that protect against evolving threats.

9.2. Security Testing

We conduct regular vulnerability assessments and penetration testing to identify and address potential weaknesses within our system. This proactive approach allows us to remediate vulnerabilities before they can be exploited.
Our development team continually reviews and audits the code to identify and mitigate potential security issues. Code audits are part of our commitment to secure development practices.

This Privacy Policy contains an overview of the collection, use, and disclosure of your personal data. In case the information covers only one of our services we will explicitly point this out to you. Please read this Privacy Policy carefully as it applies when you use our Services or visit our Website or use our App. We take privacy and protection of data seriously and are committed to handling the personal information of those we engage with, whether customers, suppliers or colleagues, responsibly and in a way that meets the legal requirements of the countries in which we operate.

This policy also applies to any mobile applications that we develop for use with our services and Team specific pages on the Site, and references to this “Site”, “we” or “us” is intended to also include these mobile applications. Please read below to learn more about our information practices. By using this Site, you agree to these practices.

1. Who we are

Wind Technologies (“Wind”, “us”, “we”, “our”) is responsible for the collection, use and disclosure of your personal information. If you have any questions about how we protect or use your data, please email us at support@wind.app.

2. Data we collect about you

We will collect the following data about you:

2.1 Information you give us.

(a) You may give us information, including personal information, about yourself when you sign up to use our Services, e.g. your name and email address. This also includes information you provide through your continued use of our Services, participate in discussion boards or other social media functions on our Website or App, enter a competition, promotion or survey, and when you report a problem with our Services. The information you give us may include your name, address, e-mail address, phone number, financial information (including credit card, debit card, or bank account information), payment reason, geographical location, social security number, personal description and photograph.

(b) We may also need additional commercial and/or identification information from your e.g., if you send or receive certain high-value or high-volume transactions or as needed to comply with our anti-money laundering obligations under applicable law.

(c) In providing the personal data of any individual (other than yourself) that for example may receive payments from us as part of your use of our Services, you promise that you have obtained consent from such individual to disclose his/her personal data to us, as well his/her consent to our collection, use and disclosure of such personal data, for the purposes set out in this Privacy Policy;

2.2 Information we collect about you. With regard to your use of our Services, we may automatically collect the following information, some of which may be or include personal information:

(a) details of the transactions you carry out when using our Services, including geographic location from which the transaction originates;

(b) technical information, including the internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;

(c) information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Website or App (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our Customer Support number.

2.3 Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties and may receive information about you from them. For example:

(a) the banks you use to transfer money to us will provide us with your basic personal information, such as your name and address, as well as your financial information such as your bank account details;

(b) business partners may provide us with your name and address, as well as financial information, such as card payment information;

(c) advertising networks, analytics providers and search information providers may provide us with pseudonymised information about you, such as confirming how you found our website;

(d) credit reference agencies do not provide us with any personal information about yourself but may be used to corroborate the information you have provided to us.

2.4 Information from social media networks. If you log in to our Services using your social media account (for example, Facebook or Google) we will receive relevant information that is necessary to enable our Services and authenticate you. The social media network will provide us with access to certain information that you have provided to them, including your name, profile image and e-mail address. We use such information, together with any other information you directly provide to us when registering or using our Services, to create your account and to communicate with you about the information, products and services that you request from us. You may also be able to specifically request that we have access to the contacts in your social media account so that you can send a referral link to your family and friends. We will use, disclose and store all of this information in accordance with this Privacy Policy.

2.5 Children’s information Our products and services are directed at adults 18 years and over and not intended for children. We do not knowingly collect information from this age group. Part of the verification process prevents Wind from collecting such data. If any information is collected from a child without verification of parental consent, it will be deleted.

2.6 If you do not wish to share certain data with us or do not want us to use / share it for certain purposes (to the extent possible, in accordance with applicable laws and information in this notice), you can alter your preferences at any time. Where applicable, please check with your device provider's instructions for further information about how to do this.

3. How do we protect your information

3.1 Wind makes every effort to ensure that your Personal Data is secure on its system. Wind has staff dedicated to maintaining our data protection and security policies, periodically reviewing them, and making sure that Wind employees are aware of our data protection and security practices.

3.2 We use a secure server to store your personal information. All information you provide to us is stored on our secure servers. Any payment transaction information will be encrypted.

3.3 Although we will do our best to protect your personal information, we cannot guarantee the security of your information during transmission, and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

3.4 Wind has established policies and procedures for securely managing information and protecting Personal Data against unauthorized access. We continually assess our data privacy, information management and security practices. We do this in the following ways:

Establishing policies and procedures for securely managing information;
Limiting employee access to viewing only necessary information in order to perform his or her duties;
Protecting against unauthorized access to Personal Data by using data encryption, authentication and virus detection technology, as required;
Requiring service providers with whom we do business to comply with relevant data privacy legal and regulatory requirements;
Monitoring our websites through recognized online privacy and security organizations;
Engaging in regular third-party audits of our policies and practices; and
Conducting background checks on employees and providing training to our employees.

3.5 If you have any further questions about our security and processing activities, please contact the Wind team or refer to our Terms of Use. To the extent permitted by applicable law, Wind expressly disclaims any liability that may arise should any other third parties obtain the Personal Data you submit through fraud or otherwise where it is no fault of Wind.

4. Uses made of the information

4.1 We use your information in the following ways:

(a) where you have given us your consent to process your data;

(b) to carry out our obligations relating to your contract with us and to provide you with the information, products and services;

(c) to comply with any applicable legal and/or regulatory requirements including laws outside of your country of residence or to comply with any legal process;

(d) to notify you about changes to our Services;

(e) to customize our Services and the information we provide to you, and to address your needs - such as your country of address and transaction history. For example, if you frequently send funds from one particular currency or token to another, we may use this information to inform you of new product updates or features that may be useful for you;

(f) as part of our efforts to keep our Services safe and secure;

(g) to administer our Services and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

(h) to improve our Services and to ensure that they are presented in the most effective manner;

(i) to measure or understand the effectiveness of advertising we serve and to deliver relevant advertising to you;

(j) to allow you to participate in interactive features of our Services, when you choose to do so;

(k) to allow us to pursue available remedies or limit the damages that we may sustain and to enforce our terms and conditions

(l) so that we can provide you with information regarding our public policy advocacy efforts.

(m) to provide you with information about other similar goods and services we offer;

(n) to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you; or

(o) to combine information we receive from other sources with the information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

5. Disclosure of your information

5.1 We may share your information with selected third parties including:

(a) affiliates, business partners, suppliers and subcontractors for the performance and execution of any contract we enter into with them or you;

(b) advertisers and advertising networks solely to select and serve relevant adverts to you and others;

(c) analytics and search engine providers that assist us in the improvement and optimisation of our site; and

(d) our group entities or subsidiaries - which can be found by clicking here

5.2 We may disclose your personal information to third parties:

(a) affiliates, business partners, suppliers and subcontractors for the performance and execution of any contract we enter into with them or you;

(b) in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;

(c) if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Customer Agreement and other applicable agreements; or to protect the rights, property, or safety of Wind, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction;

(d) to assist us in conducting or co-operating in investigations of fraud or other illegal activity where we believe it is reasonable and appropriate to do so;

(e) to prevent and detect fraud or crime;

(f) in response to a subpoena, warrant, court order, or as otherwise required by law;

(g) to assess financial and insurance risks, and to protect our operations and those of any of our affiliates;

(h) to allow us to pursue available remedies or limit the damages that we may sustain

(i) to recover debt or in relation to your insolvency; and

(j) to develop customer relationships, services and systems;

(k) if you consent, to share your details when using our Services.

5.3 If your discoverability feature is enabled, Wind customers can search for you via the email address or phone number registered to your Wind account. You can manage this discoverability feature under your account settings. You can also generate a link to share with any users to make it easier to send and receive money.

5.4 We do not have a published list of all of the third parties with whom we share your data with, as this would be heavily dependent on your specific use of our Services. However, if you would like further information about who we have shared your data with, or to be provided with a list specific to you, you can request this by writing to support@wind.app.

6.1 We will take all steps reasonably necessary to ensure your Personal Data is processed fairly and lawfully, in accordance with the DP Law, other applicable laws and this Policy. By submitting your Personal Data (including Log, Device and / or Demographic Information), we expect you to understand that such transfer, storing or processing in order for Wind to perform its general administrative functions is necessary and will be done in a proportionate, lawful manner, including but not limited to responding to enquiries you raise via the App or Website Services, oversight of the business entities registered in DIFC’s jurisdiction or other jurisdiction and maintaining contacts for future informational or promotional activities. Unless otherwise notified, Wind does not ordinarily rely solely on automated decision making when processing your Personal Data.

6.2 In order to conduct our operations or fulfill regulatory obligations, we must transfer the Personal Data described in this Policy to and from, and process and store it in, the United Arab Emirates and (where applicable or required) with processors in other countries, some of which may have less protective privacy laws than those where you reside. In all such cases, and generally for any processing operations, we take appropriate security measures to protect your Personal Data in accordance with this Policy.

6.3 To preserve the integrity of our databases, to carry out on-going Website Services or provide the App on behalf of all Users, for research, analytics, and statistics purposes and to ensure compliance with applicable laws and regulations, we retain Personal Data submitted by Users for a reasonable length of time unless otherwise prescribed by applicable law.

6.4 Wind is not responsible for the accuracy of the information you provide and will modify or update your Personal Data in our databases when you provide updated information or ad hoc upon your request, as further outlined below. We will erase or put beyond active use your Personal Data upon request, unless we are required to retain it in accordance with DIFC or other applicable laws or to perform agreed services, in which case we align with applicable principles such as purpose specification and data minimization.

6.5 If it is not disproportionate or prejudicial, and required beyond this policy’s notices, we will contact you to let you know we are processing your personal information.

6.6 By accessing or using the App or Website Services to which this Policy applies, we can reasonably expect that you understand that all information submitted by you through the App or Website Services or otherwise to Wind may be used by Wind to support these processing operations, in accordance with applicable laws and its policies.

7. Cookies

7.1 We use small files (known as cookies) to distinguish you from other users, see how you use our site and products while providing you with the best experience. It also enables us the ability to improve our services, for detailed information on cookies and other technologies we use and the purposes for which we use them see our Cookie Policy.

8. Retention of your information

8.1 As a regulated financial institution, Wind is required by law to store some of your personal and transactional data beyond the closure of your account with us, see your rights below. Your data is only accessed internally on a need to know basis, and it will only be accessed or processed if absolutely necessary.

8.2 We will always delete data that is no longer required by a relevant law or jurisdiction in which we operate.

8.3 Retention periods defined for the storage of your data can be found by clicking here.

9. Third-party links

9.1 Our Services may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility for them. Please check these policies before you submit any personal data to these websites.

10. Changes to our privacy policy

To keep up with best practices, new legislation, and changes in how we collect and use personal information, we may modify this Privacy Policy from time to time. If we make significant changes in the way we treat your Personal Data, or to the Policy, we will endeavor to provide you notice through the App or Website Services or by some other means, such as email. Your continued use of the App or Website Services after such notice constitutes your understanding of the changes. We encourage you to periodically review this Policy for the latest information on our privacy practices

11. Data Subject To Law

11.1 Wind Technologies is located and operates its website in Vilnius, Žalgirio g. 88-101, LT-09303. Depending on where you live, the information that you provide and that this Site collects may be stored on servers that are outside of your state, province, country or other governmental jurisdiction, and the privacy laws that apply may not be as protective as those in your home jurisdiction. If you are located outside Europe and choose to provide information to us, transfer personal information to other countries and process it there. By using this website, you consent to this transfer and processing of data.

12. Your Rights and Choices

12.1 Marketing and Preferences

Wind supports Users’ legal rights to opt-in or subsequently opt-out of receiving communications from us and our partners. You have the option to ask us not to process your Personal Data for marketing purposes and to remove it from our database, to not receive future communications or to no longer receive our App or Website Services. You may change your preferences at any time. Please note that we may continue to send you transactional or service-related emails despite your desire to not receive promotional or marketing e-mail messages. Additionally, please note that if you elect to opt-out of or unsubscribe from receiving promotional or other similar emails or messaging from one of our Website Services or the App, you may continue to receive promotional emails from our other websites, providers, or other, non-affiliated marketers whose services you may have accessed via Wind Website Services or App. Finally, while we may remove your individual contact information from our professional contacts database, please be aware that if such information is in a different, third party's marketing directory through your request or election, you will need to request removal with such third party directly.

12.2 Access to and Correction of Your Personal Information

You have the right to access information held about you. Your right of access can be exercised for any reason, at any time, in accordance with DIFC and other applicable laws. You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete. You may also request that we restrict the processing of, erase, transfer the information you gave us from one organization to another, or otherwise process your Personal Data in line with the relevant articles providing for such rights set out in the DP Law or other applicable laws. Any access request generally comes at no cost to you, and we must respond within one month unless a reasonable need to extend the response period for two months is provided. We may, where permissible, impose a reasonable fee to meet any extraordinary administrative costs in providing you with details of the information we hold about you. When you contact us about a potential Personal Data error or query, we will endeavor to confirm or verify the information in question, then correct verified inaccuracies and respond to the original inquiry. We will endeavor to send a correction notice to businesses or others whom we know to have received inaccurate data, where required and / or appropriate. However, some third parties and third- party sites may continue to process inaccurate data about you until their databases and display of data are refreshed in accordance with their update schedules, or until you contact them personally to ensure the correction is made in their own files. As set out in Article 39 on the DP Law, we may not discriminate against you for exercising your rights by denying services or changing prices or quality of service, unless reasonable to do so in general, as objectively determined, and applicable to all individuals offered or receiving such benefits.

13. Contacting Us

Please contact us at support@wind.app and let us know if you have any questions or comments about our policies or practices.

Consumers are advised to read and understand the applicable Terms and Conditions when considering a product or service.

The headings are for reference only. Some capitalized terms have specific definitions in the Glossary.

GENERAL INFORMATION

Welcome to Wind Technologies

1.1 This Agreement. This is the contract between you, the “User”, and Wind Technologies (“Wind”, “us”, “we”, “our”), which defines the terms and conditions on which we provide our Services to you (“Agreement”). This Agreement refers to and incorporates by reference the following additional documents (“Additional Documents”), which also apply to your use of our Services:

(a) Our Privacy Policy, which sets out the terms on which we process any personal data we collect about you, or that you provide to us. By using our Services, you consent to such processing, and you promise that all data provided by you is accurate.

1.2 By visiting our Website or using our Services (including downloading and using our App, or via the API, a social media platform or other authorized third party), you confirm that you accept and agree to this Agreement. If you do not agree, you must not use our Services.

1.3 In case of any discrepancies between what is stated in this Agreement and what is stated in the Additional Documents and Help Centre, what is stated in this Agreement shall prevail.

1.4 In order to receive some of our Services, you may be asked to agree to additional terms and conditions (including those referred to in section 1.1) which we will notify you about at the relevant time. For the avoidance of doubt, upon your use of any of our Services, you accept the last updated version of this Agreement.

1.5 You should also be aware of our Wind Technologies Help Centre ("Help Centre") which provides answers to common customer questions.

1.6 Future changes to this Agreement. Subject to section 15, we will make changes to this Agreement from time-to-time. The revised Agreement will take effect as soon as it is posted on our website or on the date notified to you.

1.7 Where to get a copy of this Agreement. You can always see the most current version of this Agreement on our Website. If you want a copy of this Agreement, please contact Customer Support.

Glossary

In this Agreement:

API means the application programming interface provided by Wind Technologies

API Partner means a business we have partnered with for Wind Technologies to offer our Services through their website, mobile application or similar.

App means the mobile application software where we offer our Services, the data supplied with the software and the associated media.

Authorized User means any person operating or accessing your Wind Technologies Account on your behalf following the process in section 4.3.

Business Day refers to any day other than a Saturday, Sunday, or public holiday in Lithuania or the UAE, as applicable to the respective entities in Lithuania and the DIFC. This definition applies when financial institutions in Lithuania and the UAE are open for business.

Exchange Rate has the meaning given in section 9.2.

Intellectual Property means

(i) rights in, and in relation to, any trademarks, logos, patents, registered designs, design rights, copyright and related rights, moral rights, databases, domain names, utility models, and including registrations and applications for, and renewals or extensions of, such rights, and similar or equivalent rights or forms of protection in any part of the world;

(ii) rights in the nature of unfair competition rights and to sue for passing off and for past infringement; and

(iii) trade secrets, confidentiality and other proprietary rights, including rights to know how and other technical information. Personal Account is the account that allows individuals to use our Services, including Money Transfer. Each individual can only have one personal account in their Wind Technologies Account.

Services means all products, services, content, features, technologies or functions offered by us and all related websites, applications (including the App), and services (including the Website and via an API Partner).

Source Currency means the currency you use to fund your payment order.

Target Currency means the currency which your recipient will receive.

Third Party Materials has the meaning given in section 13.

Money Transfer means using your Wind Technologies Account to, as part of a single transaction, upload, convert or send funds.

Wind Technologies Account means your Personal Account and all Business Accounts that you have registered with Wind Technologies under one email address.

Wind Technologies Materials has the definition given in Section 11.1.

Website means any Wind Technologies webpage, including but not limited to https://wind.app, where we provide the Services to you.

Who can use our Services?

3.1 You must be 18 years or over. If you are an individual, you must be 18 years or older to use our Services and by creating an Wind Technologies Account, you declare that you are 18 years or older and have the capacity to enter into a contract. We may ask you at any time to show proof of your age.

3.2 You must have authority to bind your business. If you are not an individual consumer, you confirm that you have authority to bind any business or entity on whose behalf you use our Services, and that business or entity accepts these terms. We may ask you at any time to provide proof of such authority. If you do not provide proof of authority that is acceptable to us, we may close or suspend your Business Account.

3.3 You can authorize others to operate your Wind Technologies Account (“Authorized User”). You also acknowledge that if you authorize an Authorized User to access your Wind Technologies Account, we’ll deal with such Authorized User, including any instruction they provide us, as if they were you for the purposes of this Agreement. You will be bound by anything done by any Authorized User, even if they do something that is outside the scope of the authority you gave them. You also acknowledge that we may disclose certain information about your Wind Technologies Account to any Authorized User and that we are not responsible for your Authorized User’s use of any information in your Wind Technologies Account. Granting permission to any Authorized User does not relieve you of your responsibilities under this Agreement, including notifying us if your Wind Technologies Account has been compromised or if a transaction is suspected to be incorrect or unauthorized.

3.4 Disputes between you and an Authorized User relating to your Wind Technologies Account is a private matter. You recognize that Wind Technologies is not a party to any claim or dispute between you and your Authorized Users. Because you are bound by the actions of Authorized Users, it’s very important that you choose Authorized Users carefully. We suggest you regularly reassess who can be an Authorized User on your account and regularly log into your Wind Technologies Account to assess and review the activity undertaken by Authorized Users.

Wind Technologies Account

Creating an Wind Technologies Account

4.1 Creating an Wind Technologies Account. To start using our Services, you must create an Wind Technologies Account and provide your details as prompted.

4.2 Information must be accurate. All information you provide to us must be complete, accurate and truthful at all times. You must update this information whenever it changes. We cannot be responsible for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.

4.3 Security and customer due diligence checks. We are required by law to carry out certain security and customer due diligence checks on you in order to provide any Services to you. In some circumstances, we might need to also perform checks on any parties involved in your transaction (for example, your recipient). You agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases or credit reports. You authorize us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your Wind Technologies Account with us or in the event of a dispute relating to this Agreement or activity under your Wind Technologies Account. You agree we may disclose your name, residential address and date of birth to a credit reporting agency in order to obtain a credit report for these purposes.

4.4 Wind Technologies reserves the right to close, suspend, or limit access to your Wind Technologies Account or the Services in the event we are unable to obtain or verify your information.

4.5 Transacting on your own account. All activities under an Wind Technologies Account shall be deemed as activities carried out by you. Unless you are an Authorized User, you agree to only use the Services to transact on your own account and not on behalf of any other person or entity.

4.6 Business Accounts can only use our services for business purposes. If you have a Business Account, you may only use our Services for business purposes and not personal purposes.

Keeping your Wind Technologies Account Safe

5.1 When accessing your Wind Technologies Account, you should at the minimum do the following:

(a) Change your pin regularly and ensure that it isn’t reused for other online accounts.

(b) Contact Customer Support if anyone asks for your Wind Technologies Account login details, including your pin.

(c) Always follow recommended PIN management practice.

(d) Set up 2-step authentication where prompted by us.

(e) Keep your email account secure. You may reset your Wind Technologies Account pin using your email address. Let Customer Support know immediately if your email address becomes compromised.

(f) Update your device’s browser to the latest version available.

(g) Maintain your device’s operating systems with regular security updates provided by the operating system provider.

(h) Install and maintain the latest anti-virus software on the device, where applicable.

5.2 You must NOT:

(a) Disclose your Wind Technologies Account pin or other credentials, and you must keep them safe.

(b) Let anyone access your Wind Technologies Account or watch you accessing it, including letting someone else take remote control of your device(s).

(c) Use any functionality that allows your login details or pin to be stored by the computer or browser you are using or to be cached or other Wind Technologies recorded.

(d) Do anything which may in any way avoid or compromise the 2-step authentication process.

5.3 Contact us if you suspect your Wind Technologies Account has been compromised. If you suspect your Wind Technologies Account or other security credentials are stolen, lost, used without your authorisation or other Wind Technologies compromised, you must contact Customer Support immediately. You are also advised to change your pin. Any undue delays in notifying us may affect the security of your Wind Technologies. Account and also result in you being responsible for losses. You must provide us with any reasonable assistance we require from you to investigate and take any action required to secure your account.

5.4 Additional Wind Technologies products or services you use may have additional security requirements and you must familiarize yourself with those.

5.5 You are responsible for configuring your information technology, computer programmes and platform in order to access our Services. We cannot guarantee that our Services will be free from bugs or viruses.

5.6 You must not misuse our Services. You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, our servers, computers or databases. You must not attack our Website with any type of denial of service attack. By breaching this provision, you may commit a criminal offense. We will report any such suspected breach to the relevant law enforcement authorities, and we will cooperate with those authorities, including by disclosing your identity to them. In the event of such a suspected breach, your right to use our Website and/or our Services will cease immediately.

5.7 Your use of our Services must not violate any applicable laws. You commit to us that your opening or use of an Wind Technologies Account or our Services does not violate any laws applicable to you. You take responsibility for any consequences of your breach of this section.

Terminating your Wind Technologies Account

6.1 You may terminate your Wind Technologies Account at any time. You may terminate your Wind Technologies Account, which will end your ability to use our Services at any time.

6.2 You must not terminate your Wind Technologies Account to avoid an investigation. If you attempt to terminate your Wind Technologies Account during an investigation, we may hold your money until the investigation is fully completed in order to protect our or a third party’s interest.

6.3 You are responsible for your Wind Technologies Account after closure. You agree that you will continue to be responsible for all obligations related to your Wind Technologies Account even after it is closed.

6.4 We may end this Agreement by giving you 30 days’ notice. We may end this Agreement and terminate your Wind Technologies Account or any Service associated with it by giving you 30 days’ prior notice, where required.

6.5 We may suspend or Terminate your Wind Technologies Account without notice in certain circumstances. We may at any time suspend your Wind Technologies Account, during which time your Wind Technologies Account remains open but is not able to be operated by you or may be subject to restrictions until we remove the suspension, or close your Wind Technologies Account, which means your Wind Technologies Account is deactivated and this Agreement ends, without notice. We may do this if:

(a) we suspect you have breached this Agreement or documents referred to in this Agreement;

(b) we are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency;

(c) we have reason to believe you are in breach of any applicable law or regulation; or we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity.

6.6 We may suspend your Wind Technologies Account for security reasons. We may suspend your Wind Technologies Account or restrict its functionality if we have reasonable concerns about:

(a) the security of your Wind Technologies Account; or

(b) suspected unauthorized or fraudulent use of your Wind Technologies Account .

6.7 We will give you notice of suspension where possible. We will give you notice of any suspension or restriction and the reasons for such suspension or restriction as soon as we can, either before the suspension or restriction is put in place, or immediately after, unless notifying you would be unlawful or compromise our reasonable security measures.

6.8 You cannot use the App if this Agreement ends. On termination for any reason all rights granted to you in connection with the App shall cease, you must immediately delete or remove the App from your devices.

How much will you pay

7.1 You must pay our fees. You must pay the fees in connection with the use of our Services. We will not process your transaction or provide any other Services to you until we have received the fees from you. Our fees do not include any fees that your bank or the recipient’s bank may charge.

7.2 Taxes. You are responsible for any taxes which may be applicable to payments you make , and it is your responsibility to collect, report and pay the correct tax to the appropriate tax authority.

UPLOADING AND CONVERTING MONEY

Uploading money

8.1 How to upload money. To make a Money Transfer, you need to log in to your Wind Technologies Account and follow the steps. We are not responsible for the funds you have uploaded until we have received them.

8.2 Pay-in Methods. You may be presented with one or more methods of upload for example, bank transfer or credit/debit cards (in this Agreement, we will call these methods “Pay-in Methods”). The number of Pay-in Methods made available to you will depend on a number of factors including where you live and your verification status with us. Pay-in Methods are not part of our Services, they are services provided by third parties for example, the card provider which issued you with your credit/debit card that you use to make a Pay-In. We cannot guarantee the use of any particular Pay-in Method and we may change or stop offering a Pay-in Method at any time without notice to you.

8.3 Payment instrument must be in your name. Any payment instrument (for example, the credit/debit card) you use as your chosen Pay-in Method must be in your name.

8.4 When will we credit your Wind Technologies Account? We will credit your Wind Technologies Account once we have received your funds. For some Pay-in Methods such as credit or debit card, we will credit the funds to your Wind Technologies Account as soon as possible subject to our right of reversal. This means if we credit your Wind Technologies Account for the full amount you intended to upload but this amount does not reach us within a reasonable time, and you use said credited amount, for instance to send money we may deduct such amount from your Wind Technologies Account.

8.5 Uploading Money by Bank Transfer. Transfer fees, limits, as well as clearing times may vary depending on your bank and electronic fund transfer option. Visit your bank’s website to learn more. You will need to provide your account details to us, including your account number and account name. When you choose to upload money via bank transfer, you confirm that your account details are correct, that you are authorized to access and transmit funds from your bank account, that your bank account is in good standing with the account-holding financial institution, and that you have the authority to initiate a bank transfer in the amount at issue to or from your account. You authorize us to initiate credits and debits to your bank account through payment networks in order to process a requested transaction, including any applicable fees and charges, and this authorization shall remain in effect so long as you are a registered user with the Service unless canceled in accordance with this Agreement.

8.6 Uploading money by credit/debit card. If you choose to upload money via credit/debit card, provided we offer such options, you will need to provide your card details to us, including your card number and cardholder name. When you choose to upload money via debit card, you confirm that your card details are correct, that you are authorized to access and transmit funds from your card account, that your card account is in good standing with the account-holding financial institution, and that you have the authority to initiate a debit card payment in the amount at issue to or from your card account. You authorize us to initiate credits and debits to your bank account through card payment networks in order to process a requested transaction, including any applicable fees and charges, and this authorization shall remain in effect so long as you are a registered user with the Service unless canceled in accordance with this Agreement.

8.7 Uploading money restrictions. No other payment methods are accepted other than those mentioned when you log-in to your Wind Technologies Account. For legal, security, or other reasons, there may be financial limits for particular payment methods or currencies. Please visit our Help Centre for more information.

Currency Conversion

9.1 Our Services include the ability to convert currencies and tokens, for example as part of a Money Transfer.

9.2 Exchange rate. When we refer to an exchange rate in this Agreement, it means the exchange rate at the relevant time for the relevant currency or token pair (for example, USDC to wETH) that is offered by Wind Technologies, which is typically provided by a reference rate provider. We may change our reference rate provider from time to time without notice to you.

9.3 For some currencies or tokens, we do not use the mid-market exchange rate, including where we are required by law to use a different reference rate for the exchange rate for your currency or token pair. For these currencies or tokens we will notify you of the exchange rate offered by Wind Technologies when you initiate a Money Transfer.

9.4 Depending on the currency or token pair, you may have a choice of how we convert your chosen currency or token.

9.5 We may not process your currency or token conversion order until we hold or have received the funds and fees specified. It is your responsibility to send us the money to fund a currency or token conversion order in a timely manner. We cannot be responsible for the time it takes for the money to be sent to us by your bank or payment service provider.

9.6 Refusing a currency or token conversion order. We reserve the right in our sole discretion to refuse any currency or token conversion order. Reasons for refusal may include but are not limited to incorrect information about the recipient, insufficient available funds, or where we believe you may have violated this Agreement, including we believe you are attempting to engage in currency trading or other trading for purposes not permitted by this Agreement. We will endeavor to notify you of any refusal, using the contact information in your Wind Technologies Account, stating (where possible) the reasons for such refusal and explaining how to correct any errors. However, we will not notify you if such notification may be unlawful.

9.7 Confirmation of currency or token conversion order. Once we have received your currency or token conversion order, we will send you a confirmation by email that we have received the order. Each currency conversion order is given a unique transaction number which is shown in the transaction history on your Wind Technologies Account . You should quote this transaction number when communicating with us about a particular currency conversion order.

MONEY TRANSFER

Sending money

10.1 Information you need to provide to set up a payment order. To set up a payment order via your Wind Technologies Account, you may need to provide certain information to us, including, but not limited to, the full name of your recipient, your recipient’s bank account details or their Wind Technologies account details and amount to be transferred.

10.2 Payment order limits. We may place limits on the amount you may send per transfer.

10.3 When we received your payment order. If your payment order is received by us after 5pm UAE Time or Lithuania time as applicable to the respective entity in Lithuania and the DIFC on a Business Day or on a day that is not a Business Day (e.g., weekend or bank holiday), your payment order will be deemed received on the following Business Day.

10.4 What happens after you have submitted your payment order? Once we have received your payment order, we will display it under the Transaction History section of your Wind Technologies Account.

10.5 You need to provide us with sufficient funds before we can process your payment order. We may only process your payment order if we hold or have received sufficient cleared funds following the process for Uploading Money in Section 8. If you send the relevant funds prior to setting up the currency or token conversion order, we will attempt to return them to you. It is your responsibility to fund your payment order in a timely manner. We cannot be responsible for the time it takes for the money to be sent to us by your or a third party’s bank or payment service provider.

10.6 Delay in transfer. We may delay processing a payment order in certain situations, including if we need to confirm that the withdrawal has been authorized by you, as a result of verification checks or due diligence reviews. We cannot be held responsible for any such delays.

10.7 Completion time of your payment order. The estimated completion time of your payment order is notified to you when you complete the setup of your payment order. You may also find further information about the completion time in the Help Centre section of our Website.

10.8 We will use reasonable efforts to ensure funds arrive at your recipient’s account within the notified timeframe. We will use reasonable efforts to ensure that the funds arrive in the recipient’s bank account or payment account within the timelines notified to you or other Wind Technologies specified in our Help Centre. We do not have any control over the time it may take for the recipient’s bank or payment provider to credit and make available funds to the recipient.

10.9 Refusal of your payment order. If we are unable to complete your payment order, we will let you know and, if possible, the reasons for the refusal and an explanation of how to correct any factual errors. However, we are not required to notify you if such notification would be unlawful.

10.10 You must ensure the information you provide to us is correct. You must make sure that the information you provide when setting up a payment order is accurate. If we have processed your order in accordance with the information you have provided to us it will be considered correctly completed even if you have made a mistake.

10.11 Finality of Settlement and Payments. Payouts and the settlement of Transaction shall be final and irrevocable unless other Wind Technologies provided in this Agreement or pursuant to applicable law.

10.12 What happens if you provide us with incorrect information? If you provide incorrect information with your payment order, we will use reasonable efforts to try and recover the funds for you and may need to charge you a fee in case we succeed.

INTELLECTUAL PROPERTY RIGHTS

Intellectual Property Rights

11.1 All right, title and interest in and to any software (including without limitation the App, the Wind Technologies website, the API, developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed, provided or made available by us or our affiliates to you, including content of the Wind Technologies website, and any and all technology and any content created or derived from any of the foregoing (“ Wind Technologies Materials”) and our Services are the exclusive property of Wind Technologies and its licensors. The Wind Technologies Materials and Services are protected by intellectual property rights laws and treaties around the world. All such rights are reserved.

11.2 How you can use Wind Technologies Materials. While you are using our Services, you may use the Wind Technologies Materials only for your personal use and solely as necessary to enjoy our Services. Subject to your compliance with this Agreement and your payment of any applicable fees, Wind Technologies grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or make personal use of the Wind Technologies Materials and Services. Any use of the Wind Technologies Materials and Services not specifically permitted under this Agreement is strictly prohibited. The licenses granted by Wind Technologies terminate if you do not comply with this Agreement or any other service terms.

11.3 When you cannot use Wind Technologies Materials. Unless you have received written permission from us, you may not, and may not attempt to, directly or indirectly:

(a) use any of the Wind Technologies Materials for any commercial purpose or other Wind Technologies infringe our intellectual property rights;

(b) transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Services or the Wind Technologies Materials to any person or entity;

(c) remove, obscure, or alter any notice of any of our trademarks, or other Intellectual Property appearing on or contained within the Services or on any Wind Technologies Materials;

(d) modify, copy, tamper with or other Wind Technologies create derivative works of any software included in the Wind Technologies Materials; or

(e) reverse engineer, disassemble, or decompile the Wind Technologies Materials or the Services or apply any other process or procedure to derive the source code of any software included in the Wind Technologies Materials or as part of the Services.

11.4 Wind Technologies Trademarks. A non-exhaustive list of Wind Technologies Trademarks is enclosed below. “ Wind Technologies”, “Wind” and any other business and service names, logos, signs, graphics, page headers, button icons and/or scripts (each as might be amended from time to time) are all registered or unregistered trademarks or trade dress of Wind Technologies or Wind Technologies’s licensors in the relevant jurisdictions (“ Wind Technologies Trademarks”). You may not copy, imitate, modify or use Wind Technologies Trademarks without our prior written consent. You may use HTML logos provided by us for the purpose of directing web traffic to the Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes Wind Technologies or the Wind Technologies services or display them in any manner that implies Wind Technologies’s sponsorship or endorsement. Further, you may not use Wind Technologies Trademarks and trade dress in connection with any product or service that is not Wind Technologies’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wind Technologies.

11.5 All other trademarks, registered trademarks, product names and company names or logos not owned by Wind Technologies that appear in Wind Technologies Materials or in the Services are or may be the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wind Technologies, and may not be used without permission of the applicable rights holder.

Wind Technologies App

12.1 App is subject to this Agreement and the App Store and Google Play Rules. We license the use of the App to you on the basis of this Agreement and subject to any rules and policies applied by any app store provider or operator whose sites are located at App Store and Google Play. We do not sell the App to you. We remain the owners of the App at all times.

12.2 App updates. From time to time updates to the App may be issued through App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App and accepted any new terms.

12.3 Your right to use the App. In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive license to use the App on your device subject to this Agreement. We reserve all other rights.

12.4 App Store terms. The following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”):

(a) Apple is not a party to this Agreement and does not own and is not responsible for the App.

(b) Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it.

(c) Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement.

(d) Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Wind Technologies in accordance with this Agreement.

(e) The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as other Wind Technologies permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement.

(f) Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary. Notwithstanding this, our right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party, including Apple.

Third Party Materials

13.1 Certain Website or App functionality may provide you access to information, products, services and other materials by third parties (“Third Party Materials”) or allow for the routing or transmission of such Third Party Materials, including via links.

13.2 We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by us with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Website or App at any time. In addition, the availability of any Third Party Materials through the Website or App does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

13.3 Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).

OTHER LEGAL TERMS

Our responsibility for loss or damage

14.1 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during your account sign up process.

14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.

14.3 We are not liable for business losses. To the extent permissible by law, if you use our Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or similar.

14.4 We are not liable for technological attacks. We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programmes, data or other proprietary material related to your use of our Services.

14.5 We have no control over websites linked to and from our Website. We assume no responsibility for such Third Party Materials or any loss or damage that may arise from your use of them.

14.6 Our liability to you for unauthorized payments or our mistake. In case of an unauthorized payment or mistake due to our error, we shall at your request refund the payment amount including all fees deducted by us. We may require proof that such payments were unauthorized. This shall not apply where we believe:

(a) your Wind Technologies Account, or its personalized security features, are lost, stolen or misappropriated.

(b) you have acted fraudulently;

(c) you do not quickly notify us of security issues on your Wind Technologies Account (e.g., loss of your pin). You remain liable for losses incurred up to your notification to us;

(d) the payment transaction was unauthorized but you have with intent or gross negligence compromised the security of your Wind Technologies Account or failed to comply with your obligations to use your Wind Technologies Account in the manner set out in this Agreement. In such a case you shall be solely liable for all losses; or

(e) you don’t let us know about the unauthorized or incorrectly completed transaction 60 days from the date of the payment transaction.

14.7 We are not liable for things which are outside of our control. We (and our affiliates) cannot be liable for our inability to deliver or delay as a result of things which are outside our control.

14.8 You are liable for breaching this Agreement or applicable laws. In the event of loss, claims, costs or expenses (including reasonable legal fees) arising out of your breach of this Agreement, any applicable law or regulation and/or your, or any authorized third parties’, use of our Services, you agree to defend, compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.

14.9 What happens if you owe us money? In the event you are liable for any amounts owed to us for whatever reason, we may immediately remove such amounts from your Wind Technologies Account (if available). If there are insufficient funds in your Wind Technologies Account to cover your liability, you agree to repay the outstanding amount to us immediately on demand along with any applicable fees and interest. In the event that you do not repay the outstanding amount then, without prejudice to any other rights we may have, we reserve the right to collect your debt to us by using any payments received in your Wind Technologies Account or to fund a Money Transfer and other Wind Technologies you agree to reimburse us through other means. We may also recover amounts you owe us through other collection avenues, including, without limitation, through the use of a debt collection agency. We may recover all reasonable costs or expenses (including reasonable attorneys' fees and expenses) incurred in connection with the enforcement of this Agreement.

14.10 Release. If you have a dispute with any other Wind Technologies Account holder or a third party that you send money to or receive money from using the Services, you release Wind Technologies from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or other Wind Technologies) that would other Wind Technologies limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

14.11 Disclaimer of Warranty. The Services are provided “As-Is” “Where Is” and “Where Available” and without any representation or warranty, whether express, implied or statutory. Wind Technologies specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We disclaim all warranties with respect to the Services to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title.

14.12 Availability of Services. We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.

14.13 You are responsible for making all arrangements necessary for you to have access to our Services. If you have granted permission to a third party to access your account, we may refuse access to that third party if we are concerned about unauthorized or fraudulent access by that third party. We will give you notice if we do this, either before or immediately after we refuse access, unless notifying you would be unlawful or compromise our reasonable security measures.

The interface

The Wind interface provides a web or mobile-based means of access to a decentralized protocol on various public blockchains, including but not limited to Ethereum, etc that allows users to trade certain compatible digital assets (using the "Uniswap protocol" or the "Protocol").

The Wind interface is distinct from the Uniswap Protocol and is one, but not the exclusive, means of accessing the Protocol. The Protocol itself has three versions, designated as v1, v2, and v3, each of which comprises open-source or source-available self-executing smart contracts that are deployed on various public blockchains, such as Ethereum. By using the Interface, you understand that you are not buying or selling digital assets from us and that we do not operate any liquidity pools on the Protocol or control trade execution on the Protocol. When traders pay fees for trades, those fees accrue to liquidity providers for the Protocol. As a general matter, Wind is not a liquidity provider into Protocol liquidity pools and liquidity providers are independent third parties. The Protocol was initially deployed on the Ethereum blockchain, and has since been deployed on several other blockchain networks including by parties other than Uniswap Labs. Deployments on other networks typically make use of cross-chain bridges, which allow assets native to one blockchain to be transferred to another blockchain. Please note that digital assets that have been "bridged" or "wrapped" to operate on other blockchain networks (including to blockchains compatible with the Ethereum Virtual Machine that are designed to ensure the Ethereum blockchain can effectively process more transactions or other blockchains that are frequently referred to as "Layer 2" solutions such as Polygon) are distinct from the original Ethereum mainnet asset.

To access the Interface, you must use a non-custodial wallet software, which allows you to interact with public blockchains. Your relationship with that non-custodial wallet provider is governed by the applicable terms of service (with respect to the Wind Wallet, this Agreement, and with respect to a third party wallet, the applicable terms of service of such third party). We do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. By connecting your wallet to our Interface, you agree to be bound by this Agreement and all of the terms incorporated herein by reference.

Non-custodial and no fiduciary duties

Each of the Products is a purely non-custodial application, meaning we do not ever have custody, possession, or control of your digital assets at any time. It further means you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold and you should never share your wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection with your use of a wallet and make no representations or warranties regarding how any of our Products will operate with any specific wallet. Likewise, you are solely responsible for any associated wallet and we are not liable for any acts or omissions by you in connection with or as a result of your wallet being compromised. For the avoidance of doubt, any references herein to a "wallet" shall include the Wind Wallet.

This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.

You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third-party sellers using the NFT Marketplace Aggregator and we make no claims about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on any of our Products.

Our right to make changes

17.1 We may change this Agreement by giving you at least thirty (30) days’ prior written notice. This notice will be provided either by email or displaying a notice in the App or in our Webpage. If we do this, you can terminate this Agreement immediately by providing written notice to us during the notice period (see section 6). If we do not hear from you during the notice period, you will be considered as having accepted the proposed changes and they will apply to you from the effective date specified on the notice.

17.2 In some instances, we may change this Agreement immediately. Despite section 16.1, changes to this Agreement which do not require thirty (30) days’ notification and are (1) more favorable to you; (2) required by law; (3) related to the addition of a new service, extra functionality to the existing Service; or (4) changes which neither reduce your rights nor increase your responsibilities, will come into effect immediately if they are stated in the change notice. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change.

Other important terms

18.1 Third Party rights. This Agreement is between you and us. Except as provided in section 6.4, no other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end or make any changes to this Agreement.

18.2 Assignment. You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under this Agreement without our prior written consent. We reserve the right to transfer, assign or novate this Agreement or any right or obligation under this Agreement at any time without your consent. This does not affect your rights to close your Wind Technologies Account under section 6.

18.3 Severability. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

18.4 Enforcement. Even if we delay in enforcing this Agreement, we can still enforce it later. If we delay in asking you to do certain things or in taking action, it will not prevent us from taking steps against you at a later date.

18.5 Entire Agreement. This Agreement supersedes and extinguishes all previous agreements between you and Wind Technologies, whether written or oral, relating to its subject matter.

18.6 Governing law. This Agreement is governed by Lithuanian law or UAE law as applicable respectively for the entities in Lithuania and the DIFC. Any dispute between you and us in connection with the Services and/or this Agreement may be brought in the courts of Lithuanian or courts of UAE as applicable to the respective entities in Lithuania and the DIFC, to the exclusion of all other venues.