These terms of service (which, along with the privacy notice and cookies policy incorporated by reference herein, are jointly referred to as the “agreement”)  are made binding by and between VIP360 Ltd, a legal entity, duly incorporated and existing in the Autonomous Island of Anjouan, Union of Comoros, identified by company registration number 16248, with registered address that of Boulevard de Coalancanthe, Mutsamudu, Anjouan, Union of Comoros, and further holder of an international banking license with crypto activity designated by number L16248/VIP issued by the Anjouan Offshore Finance Authority (hereinafter referred to as the “VIP360” , “we”, “us” and “our”) and the person using our services (hereinafter referred to as “you” and “your”). For the purposes of this agreement, both VIP360 and you shall collectively be referred to as the parties and each a party.   

By using this platform, you fully and unconditionally accept the terms and conditions of this agreement. We may update these terms of service at any time without notice to you. You should visit this page periodically to review the most up to date version of these terms. If you disagree with any of these terms, whether in whole or in part, you are advised to cease using this platform and the services VIP360 offers. 

1. About us and the services we provide 

1.1 VIP360 is an international banking institution licensed by the Anjouan Offshore Finance Authority (AOFA), Autonomous Island of Anjouan, Union of Comoros. 

1.2 The particulars of VIP360 are as follows:

1.3 In accordance with Government Notice No. 005 of 2005, as well as the conditions stated on VIP360’s international banking license with crypto activity, VIP360 is authorized to provide all type of banking activities.

1.3 VIP360 is in the business of, and exclusively acts as, an institutional introducer of prospective customers to authorized service partners. In particular, VIP360 links (through a master framework agreement) clients with a global ecosystem of financial partners based on the client’s specific jurisdictional needs. By utilizing this platform, the you authorize VIP360 to act as your introducer to authorized service partners. You reserve the right to choose your preferred regulated entity from the ecosystem’s available options. 

1.4 For greater certainty, VIP360 does not execute money transmissions, fiat custody or remittance. The acceptance of any client and the provision of financial services remain at the sole discretion of the chosen regulated service provider.

2. Eligibility to use our services 

2.1 To be eligible for our services, you must be at least eighteen (18) years old. 

2.2 If you are an individual opening an account on our website, you represent and warrant that you are acting exclusively for your own account and not on behalf of any third party. In the event that you are opening a corporate account, you must be an individual (such as an officer) duly authorize to act on behalf of the body corporate and validly bind same to these terms. All services must be used solely for your own account (for individual accounts) or the account of the body corporate (for corporate entity) you represent, and not for any other person or entity. 

3. Acceptable use

3.1 You agree to use our services in compliance with all applicable laws and regulations and not to engage in any illegal or fraudulent activity. 

3.2 We reserve the right to terminate or suspend your access to the services if you violate any terms of this agreement. 

4. Introduction of prospective customers

4.1 Prior to referring you to your selected and preferred regulated entity from the ecosystem’s available options offered on this platform, we may

(a) assist you in completing an application and compiling all documentation and other evidence required in support of the Application;

(b) check that the Application has been completed correctly and has been signed, or otherwise accepted, by you;

(c) use best endeavours to check that the information completed by or on your behalf, as well as any supporting documentation or evidence, is complete and accurate; and

(d) ensure that you have all necessary consents and authorisations (including but not limited to those required under the relevant data protection legislation) to enable us to refer you and to disclose your personal data (as that term is defined in the relevant data protection legislation to your selected and preferred regulated entity and for such entity use and/or process that personal data, by or in any medium, in or in connection with your application and/or the processing and/or enforcement of any account, 

4.2 Nothing in this agreement shall:

(a) oblige your selected and preferred regulated entity to accept any application or enter into any account agreement with you;

(b) oblige us to refer you to any selected and preferred regulated entity of your choice; or

4.3 You acknowledge that the relationship established by this agreement shall not be exclusive. You will be obliged to independently enter into arrangements similar to the arrangements contemplated by this agreement with your selected and preferred regulated entity (or entities) and on their terms and conditions of service.

5. Services 

5.1 In order to use some or all of our services, you must first open an account through our platform, by providing certain information. For legal reasons, all information you provide during the signup process or any time thereafter must be complete, accurate and truthful. 

5.2 You are responsible for keeping your mailing address, email address, telephone number, and other contact information up-to-date in your account profile. To make changes to your profile, login and then go to your account page. We may refuse to provide or may discontinue providing the services to any person or entity at any time for any reason.  

5.3 You represent and warrant that all information supplied for our services is true, accurate, current, and complete.  

5.4 We reserve the right to refuse the creation of duplicate accounts for the same user due to security and client identification requirements. In a case where duplicate accounts are detected, we reserve the right to close or merge these duplicate accounts without notification to you. 

5.5 We have a legal obligation to identify clients by requesting the provision of the following documents: 

(i) Company related documents including, but not limited to, constitutional documents, shareholder documents, company policies and procedures, supplier agreements and lease agreements. 

(ii) Documents related to ownership and beneficial ownership including, but not limited to, government issued photo identification documents and utility bills. 

(iii) Financial records including, but not limited to, processing history, bank statements, audited/unaudited financial statements and tax filings. 

5.6 You authorize us to make any inquiries we consider necessary to validate your identity, either directly or through third parties, including checking commercial databases or credit reports. 

5.7 We reserve the right to access various government and private databases so as to verify your information. We reserve the right to close, suspend, or limit access to your account and/or the services in the event we are unable to obtain or verify this information. 

5.8 If we suspect that you are using our Services in an unlawful manner or in breach of these terms, we may immediately end or suspend your use of our services and permanently disable your account. 

6. Fees

6.1 Your selected and preferred regulated entity BoS shall pay commission to us for our introduction of your custom to them (“Commission”). 

6.2 No fees or charges, howsoever described, are due and payable by you to us for our services.

7. Suspension or termination of access

7.1 We may suspend or terminate your ability to access our platform, at any time if we believe you may have violated these terms or other agreements for the use of our services, or that you may create risk or possible legal exposure for us. 

7.2 Suspension or termination may also include the removal of some, or all the materials uploaded by you. You acknowledge and agree that all suspensions or terminations may be made by us in our absolute and sole discretion and that we will not be liable to you or any third party for any suspension or termination of your access or removal of any of the materials uploaded by you to the platform. Any suspension or termination by us will be in addition to all other rights and remedies that we may have. 

7.3 You can request the closure of your account by written request (by email or through any then-available interfaces). Once your request is evaluated and your account is closed, you will lose access to our services. 

8. Retention of account information

8.1 We may retain account information for document retention, fraud prevention, and legal and compliance reasons, including following the termination of your account.  

8.2 By using our services, you give us your consent for the collection, use, disclosure, and transfer (including cross-border transfer) of your personal information as outlined in the privacy policy. 

9. Customer service and complaints

9.1 We are committed to providing you with high-quality services. If you are not satisfied with our service, please contact us as soon as possible. For questions, complaints, or any other matters, you can reach us through the following channels: 

(a) By e-mail: __

(b) By post: VIP360 Ltd, Boulevard de Coalancanthe, Mutsamudu, Anjouan, Union of Comoros

10. Restricted activities, jurisdictions and persons

10.1 You represent and warrant that you: (i) are not located in a country that is subject to any government embargo or sanctions, including but not limited to Canadian, U.S., European Union, or United Nations sanctions; and (ii) are not listed on any government list of prohibited or restricted parties; and (iii) will not use our services for or in connection with any sanctioned country, organization, entity, or individual subject to global sanctions or restrictions. 

11. Account security and obligations

11.1 Users of our services are solely responsible for account credentials and the security of this information. We cannot, and do not, guarantee the security of data transmitted over the internet or other public networks in connection with your use. Any account must be kept secure, and you agree that you will not share or disclose your account credentials with anyone. 

11.2 You are required to promptly inform us if you suspect any compromise of your account. You recognize that you bear responsibility for all actions carried out from, or on, your account. We expressly disclaim any liability, whether financial or otherwise, for claims, damages or losses resulting from your failure to implement secure computing and access practices or your unwillingness to do so. 

11.3 We will not be liable for any loss or damage arising from your failure to safeguard your account or from the use by any third person of your credentials. You must use a strong password and limit its use to your account. 

12. Disclaimer of warranties

12.1 The provision of our services operates on an “as is” and “as available” basis, and your utilization of these services is at your own risk. To the fullest extent permitted by applicable law, we provide our services without any warranties, whether expressed or implied (including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement). Without limiting the above, we do not ensure that the services (and our website) will operate error-free or that defects or errors will be corrected; will meet your specific requirements or remain accessible, uninterrupted, or secure at any given time or location; are free from viruses or other harmful content. 

12.2 We do not endorse, warrant, guarantee, or assume responsibility for any product or service promoted or advertised by a third party through acceptance services or our website, and we will not be involved in nor monitor any interactions between you and third-party providers of products or services. 

12.3 We and your selected and preferred regulated entity are independent contractors and are not partners or joint venturers with regard to the subject matter of this agreement. Neither of the aforesaid parties is the agent of the other nor shall either party have the right to impose any obligation on the other party in relation to third parties without the other party’s prior written consent.

13. Limitation of liability

13.1 Except as otherwise expressly stated in this agreement, we shall not be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages, or any loss, theft, disappearance, or damages for lost profits, lost revenues, lost data, or other intangible losses arising from the use of, inability to use, or unavailability of the services. This applies regardless of the form of action and whether or not we were aware that such damages might occur. For customers using our services, while this limitation of liability excludes lost profits and other indirect damages, we do not exclude liability for gross negligence or willful misconduct. 

13.2 In no event shall we be liable for any damage, loss, or injury resulting from hacking, tampering, virus transmission, or other unauthorized access or use of the acceptance services, your account, or any information contained therein. 

13.3 Our liability for any claim, loss or damage (including, amongst others, arising in connection with the acceptance services or these terms) shall not exceed the fees earned by us in connection with your use of the services during the 3-month period immediately preceding the event giving rise to the claim for liability. This limitation of liability shall apply to the fullest extent permitted by applicable law. 

14. Intellectual property 

14.1 You hereby acknowledge and agree that nothing in this agreement, or any of the documents or transactions referenced herein, shall be deemed to transfer, assign, grant, or license any right, title, or interest of any kind in, and that you shall at no time have or acquire any right or claim to, any intellectual property generated, created, produced, purchased, owned by or licensed to us, including, without limitation, any rights in the platform, trademark or any other service mark, trade dress, photograph, video graphic work, audio ideographic work, text, program or other intellectual property appearing in, on, at or in association with us or the platform or advertisement thereof. 

14.2 Upon termination for any reason, all right, title, and interest in and to our intellectual property shall remain with us, and you shall have no right to the use thereof, and you shall immediately cease the use of all such intellectual property in any manner whatsoever. 

14.3 You are prohibited from republishing material from the plaform, including on other websites; selling, renting, or sub-licensing material from the platform; displaying any material from the platform in public; reproducing, duplicating, copying, or otherwise exploiting material from the platform for commercial purpose or otherwise editing or modifying any material on the platform; and redistributing material from the platform. 

15. Indemnity

15.1 You hereby agree to indemnify us and keep us harmless against any and all losses, damages, costs, liabilities and expenses (including without limitation, legal expenses) incurred or suffered by us arising out of any breach by you of any provision of this agreement or arising out of any claim that you have breached any provision of these terms. 

16. Entire agreement 

16.1 This agreement, along with any applicable policies and agreements on incorporated herein, sets forth the entire understanding between you and us with respect to our services. Certain terms that by their nature should survive, will survive the termination of this agreement. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 

17. Severability

17.1 If a provision of this agrement is determined by any court or other competent authority to be unlawful and/ or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

18. Assignment

18.1 You may not transfer any of your rights or obligations under this agreement without our prior written consent. 

18.2 We may transfer any of our rights or obligations under this agreement without your prior written consent to any of our affiliates or in connection with any joint ventures, sales, or acquisitions. 

19. Force majeure

19.1 We will not be liable to you for any failure of or delay in the performance of our obligations under this agreement for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, pandemics, natural disasters, power outages, internet connectivity, war, strikes or other labor disputes, embargoes, government orders or any other force majeure event. 

20. Amendments

20.1 We reserve the right to revise this agreement at any time. We will make an effort to inform you of any updates by providing written notice to you. Changes to this agreement may occur at any time, with or without prior notice, and you acknowledge and accept the responsibility of regularly checking our platform for updates. 

21. No professional advice

21.1 No content should be relied upon as legal, accounting, financial, tax, or other professional advice. 

22. Other terms

22.1 Our failure to act with respect to a breach of any of your obligations under this agreement by you or others does not waive our right to act with respect to subsequent or similar breaches. 

22.2 This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings. 

22.3 This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. This agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. 

22.4 Any notice served under this agreement shall be in writing and may be served by recorded delivery or e-mail to such address as each party shall notify to the other in writing from time to time. Notice shall be deemed to have been served (a) if by e-mail delivery, on delivery; and (b) if by recorded delivery, 48 hours after the date of posting.

23. Governing law and jurisdiction 

23.1 Without regard to principles of conflict of law, the laws of Autonomous Island of Anjouan, Union of Comoros that are currently in effect will be used to interpret these terms. All rights and remedies are cumulative, regardless of whether they are granted by this agreement or by law.