Brighty App General Terms and Conditions

Who We Are

• Different Brighty App companies may provide services to you and may have different Terms applicable to you.
• Cryptocurrency services are provided by Brighty Digital UAB, registered at Konstitucijos pr. 21, Vilnius 09306, Lithuania. Brighty Digital UAB is listed with the Register of Legal Entities of Lithuania for the provision of cryptocurrency services. These services are overseen by the Lithuanian Financial
• All cryptocurrency-related services and products are provided by Brighty Digital UAB which is incorporated under the laws of Lithuania with the registered office at Vilnius, Konstitucijos pr. 21 and bearing registration number 306099818. Brighty Digital UAB is a holder of Cryptocurrency Exchange license and Crypto Wallet and Custodian Services licence issued by the Financial Investigation Crime Service of Lithuania. Authorisation may be verified on the official database.
• For the avoidance of a doubt, Razz Finanzz AG and Brighty Digital are collectively referred to as “Brighty App Companies”.

Our Services

Brighty App provides mobile application (“Brighty Application” or “Application”), which is available at Google play and App Store and our website at the link will be provided later, that allows you to create an account, buy, sell, and manage supported currencies and cryptocurrencies, participation in earning programs as well as apply for, manage and load money onto virtual and physical cards.

Acceptance of the Terms and Amendments

• It is your sole responsibility to read these Terms and to determine if you accept them. If you do not agree with these T&Cs, you may not avail of any services offered by us. By clicking the box “I accept these Terms and Conditions” you are unconditionally agreeing to be bound by these Terms and any possible future changes to the latter.
• These T&Cs constitute a legally binding agreement between you and Brighty App and govern your use of our services as they are available at or via our website https://brighty.app and our mobile application. Please read these Terms carefully.
• Use of our Application, our website and/or our services is limited to parties that are of the age of 18 or above and to those that are able to lawfully enter into and form contracts under applicable law.

Your Account

• In order to use the Brighty Application, you need to register with a valid email address and active phone number, set up an account with a password and verify your identity.
• By signing up, you agree to provide true, current and complete information about yourself as prompted by our Application, and any applicable registration and information input forms.
• In case we have any reasonable doubt that any of the information provided by you is inaccurate, untruthful, or outdated, we reserve the right to send you a notice to demand amendments, add relevant information directly and, as the case may be, suspend or terminate your account and refuse any and all current or future use of the Brighty Application.
• You also acknowledge and agree that you have the obligation to keep all of the information provided up to date and current and to notify Brighty App if there are any changes to the information you provided during the registration as soon as they occur.
• By registering an account with Brighty App, you agree to share personal information requested for the purposes of identity verification. This information is used specifically for the detection of money laundering, terrorist financing, fraud and other financial crimes on the Brighty Application. We will collect, use and share this information in accordance with our Privacy Notice.
• In addition to providing this information, to facilitate compliance with global industry standards for data retention, you agree to permit us to keep a record of such information for the lifetime of your account plus 5 years beyond account closing.

Anti-Money Laundering and Know-Your-Client

• In accordance with applicable Anti-Money Laundering and Counter-Terrorist-Financing laws and regulations, you authorise us to make inquiries, either directly or through third parties that are deemed necessary to verify your identity, address, source of funds and any other mandatory details and information as well as to retain evidence of your personal identity in our records from time to time.
• We will require users to provide valid government-issued proof of identity documents and may ask for proof of address documents issued in the last six months, as well as other documents and information according to our AML policy.
• Your identity /may be validated by any Brighty App Company. In case we cannot verify your identity or the validity of your documents, you will be refused to have a Brighty App Account.
• Where you appear on any governmental or inter-governmental sanctions list, you will be refused a Brighty App Account.

Security

• It is extremely important for you to always keep your Brighty App Account secure, and you are responsible for all transactions initiated through your Brighty App Account.
• You shall immediately notify us if you suspect or become aware of unauthorized use of your Brighty App Account credentials. In the case of any unauthorised or illicit use of your Brighty App Account or credentials, please contact us immediately via support@brighty.app
• Our dedicated support team will immediately suspend and/or freeze your account and initiate a thorough investigation. This is done to minimise any potential damage from the illicit or unauthorised activity, to prevent the further commission of any crimes and to protect your data and your assets.
• Unauthorized use of your Brighty App Account may have serious loss or consequences, including financial consequences and Brighty App will not be liable for any loss or damage arising from any use of your Brighty App Account by you or by any third party whether or not authorized by you.
• You also agree that you alone are responsible for taking necessary safety precautions to protect your own account and personal information.
• You shall be solely responsible for the safekeeping of your Brighty App Account, whereby you are advised to follow the below practices:
• Use a strong password for your Brighty App Account;
• Keep your phone safe and ensure that it is always password-protected;
• Keep your Brighty App Account password safe and secure;
• Close the Application when you are not using it;
• Log out of the Brighty App website when you are not using it.

Eligibility

You must meet the following criteria in order to create a Brighty App Account:

• You must be 18 years of age or older and be resident of a country where Brighty App Application is available.
• You must verify your identity with us and pass any other checks we are required to conduct (such as anti-money laundering checks and know your customer procedures described in Clause V of these Terms).

Cryptocurrencies and Earning Programme

• Any purchase and sale of cryptocurrencies that you make through the Brighty Application will be subject to additional terms, which you may find at https://brighty.app/terms-and-conditions
• Terms and Conditions governing Brighty App Earning Programme as well as Brighty Earning Vaults are available here: https://brighty.app/earning-vault-terms-and-conditions .
• We may, from time to time, offer rewards or other promotional programs. These programs are subject to separate terms which will be communicated to you.

Termination of Brighty App Account

• You may stop using the Brighty Application and its related services at any time by manually closing your account or by sending a written request directly to support@brighty.app.
• Please note that the request has to be sent from the email address connected to your Brighty App Account (the email address used to open your Brighty App Account or the most recently saved email address). The latter request has to also contain the following information:
• A declaration requesting the closure of your Brigthy App Account on a specific date, or “as soon as possible”;
• Your full legal name (including your given name and your family name);
• The IBAN (or IBANs) of your Brighty App Account;
• If you have funds remaining in your main account or your vaults, we will also need the valid IBAN of another bank account within the SEPA area (Eurozone) in order to transfer your remaining balance.
• IMPORTANT: Please note that the processing of your request may be prolonged if any or all of the above-mentioned information is missing or is incorrect. Please ensure that the IBAN of another bank account if any you provide is correct, as we cannot be held liable for any incorrect information or any damages resulting from the information you provide.
• We will respond to the receipt of your request as soon as possible and confirm the initiation of the process of your Brighty App Account closure in writing.
• Please note that the process can take up to 14 days and may take longer for any legal or regulatory reasons.
• Brighty App may decide to terminate, change, suspend or discontinue access to your Brighty App Account at any time by sending you a notice regarding this decision, which may take effect either immediately or at a date and time specified in said notice.
• Brighty App may also restrict, suspend or terminate your use of the Brighty App Account without any notice if we, at our sole discretion, believe or find that you are in breach of these Terms or any other applicable Terms and Conditions or any applicable laws, or if we have reasons to believe that you are directly or indirectly involved in any fraudulent activities, money laundering, terrorism financing or other illegal activities.
• We may also suspend your use of the Brighty App Account at any time for security reasons or if we reasonably suspect that your Brighty App Account has been used or is being used without your authorization or for any illegal or illicit activities.
• We will try to give you advance notice of any impending suspension if possible. Where advance notice is not possible or expedient, we will provide you with notice as soon as it is reasonably practicable thereafter.
• For the avoidance of a doubt, if your Brighty App Account is terminated or suspended, your access to the cryptocurrency services will also be terminated or suspended (as applicable).

Remedies

If you breach these Terms, in any manner, we may, in our sole discretion, take the following actions in response:

• Contact and/or warn third parties in connection with your actions, including other users, your bank or card issuer, law enforcement or regulatory bodies;
• Refuse to complete transactions;
• Fully or partially reverse a transaction or exchange; and
• Pursue legal action against you.

Your Responsibilities

You are responsible for all charges and other amounts incurred through your use of the Brighty Application at any time, including any outstanding amounts after you cease using the Brighty Application or if we suspend or cancel your Brighty App Account. You are responsible for complying with any and all laws, rules and regulations of your jurisdiction that may apply to you in connection with your use of the Brighty Application. This includes, but is not limited to, activities of import and export, taxes or foreign currency transactions. We will not be responsible for the execution of tax obligations, or calculation and transfer of taxes applied to you.

Intellectual Property

Brighty App owns all intellectual property rights in the Brighty Application and all content and logos are owned by or licensed to Brighty App. You may not copy, imitate, or use any of this intellectual property without our prior written consent. Nothing in these Terms grants you any intellectual property rights in the Brighty Application, other than the right to use the Brighty Application, in accordance with these Terms.

Customer Support

If you need any help or want to make a comment or complaint, please contact our customer support at support@brighty.app. We aim to resolve all enquiries within 5-7 business days.

Liability and Indemnification

• IN NO EVENT WILL ANY BRIGHTY APP COMPANY OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE BRIGHTY APPLICATION OR OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF BRIGHTY APP, WHETHER IN CONTRACT OR TORT OR OTHERWISE FOR DAMAGES UNDER THESE TERMS EXCEED THE AMOUNT RECEIVED BY US FROM YOU.
• YOU UNDERSTAND AND AGREE THAT NO BRIGHTY APP COMPANY SHALL BE LIABLE AND YOU SHALL BE RESPONSIBLE FOR ALL LIABILITY IN CONNECTION WITH ANY FORCE MAJEURE EVENT, INCLUDING ACTS OF GOD, LABOUR DISPUTES, ELECTRICAL, TELECOMMUNICATIONS, HARDWARE, SOFTWARE OR OTHER UTILITY FAILURES, SOFTWARE BUGS, EARTHQUAKES, STORMS OR OTHER NATURE-RELATED EVENTS, BLOCKAGES, RIOTS, ACTS OT ORDERS OF GOVERNMENT, ACTS OF TERRORISM OR WAR, TECHNOLOGICAL CHANGE, CHANGES IN INTERESTS RATES OR OTHER MONETARY CONDITIONS.
• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE US FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS AND/OR DAMAGES ARISING OUT OF OR RELATED TO DISPUTES BETWEEN YOU AND THE ACTS OR OMISSIONS OF THIRD PARTIES.
• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS AND REIMBURSE US FROM AND AGAINST ANY AND ALL ACTIONS, PROCEEDINGS, CLAIMS AND DAMAGES INCURRED BY US ARISING FROM OR RELATING TO:
• YOUR USE OF THE BRIGHTY APPLICATION;
• YOUR RESPONSIBILITIES OR OBLIGATIONS UNDER THESE TERMS;
• YOUR BREACH OR VIOLATION OF THESE TERMS;
• ANY INACCURACY IN ANY REPRESENTATION OR WARRANTY BY YOU;
• YOUR VIOLATION OF ANY RIGHT OF ANY OTHER PERSON OR ENTITY;
• YOUR BREACH OR VIOLATION OF THE LAWS IN YOUR JURISDICTION;
• ANY ACT OR OMISSION COMMITTED BY YOU, THAT IS NEGLIGENT, UNLAWFUL OR CONSTITUTES WILFUL MISCONDUCT.
• WE RESERVE THE RIGHT TO EXERCISE SOLE CONTROL OVER THE DEFENCE, AT YOUR EXPENSE, OF ANY CLAIM SUBJECT TO INDEMNIFICATION UNDER THIS CLAUSE.

No Investment Advice

Brighty App does not provide any form of investment advice. We may provide information concerning types of traditional currencies and cryptocurrencies and prices, all of which should not be considered investment advice. You should consult with your lawyer, financial advisor or any other investment professional to determine what may be best for your individual needs.

Governing Law and Dispute Resolution

These T&Cs shall be governed by English Law, and the Parties irrevocably agree that any dispute arising out of or in connection with these Terms will be subject to and within the jurisdiction of England.

Miscellaneous

• No third-party rights are created in these Terms. Only you, as the holder of the Brighty App Account, will have any rights to enforce in these terms. You cannot assign or transfer any of your rights to someone else under these Terms.
• Where we do not enforce our rights under these terms, we do not waive our rights. As such, we may transfer or assign our rights under these Terms at any time.
• Unless stated otherwise in these Terms, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the extent possible.