User agreement

This User Agreement (hereinafter - "Agreement") is an electronic contract between the User and Tsunami Cash service and contains the rules of work on Tsunami Cash website at tsunami.cash (hereinafter - "Site") and terms of access to services provided by the Site. Before starting to work with the Site, a person - user of the Site (hereinafter - "User") is obliged to carefully familiarize with the described conditions and accept this Agreement. If the User does not accept the Agreement and does not undertake to comply with all the terms of this Agreement, he should immediately stop using the Site.

The Site Administration reserves the right at its sole discretion to update and change the text of the Agreement without notice to Users. The new version of the Agreement comes into force immediately after its publication on the Site. The User is obliged to independently monitor new versions of the Agreement. Continuing to use the Site after the changes come into force, the User automatically accepts the new version of the Agreement. If the User does not agree with the terms of the new version of the Agreement, he should deactivate his account, if any, and not use the service.

1. Terms and definitions

1.1 Tsunami Cash Service is an OTC platform for searching for counterparties and making OTC transactions.

1.2. User - any Person registered on the Platform and agreeing to the terms and conditions of this Agreement. The User confirms that he/she has reached the age of 18, the laws of the country of his/her residence do not prohibit the use of this Service, and the User does not plan to carry out any illegal activities through the use of services of the Service "Tsunami Cash".

1.3. Title Token is a conventional unit of the payment system of electronic and other types of currencies, which corresponds to the calculations of electronic systems and denotes the scope of rights corresponding to the contract of different payment systems and its owner.

1.4. Payment system - an online service that realizes payment for goods and services by means of electronic money transfers.

1.5. Service Services - operations on input and output of electronic currencies, as well as other services, information about which is posted on the Service's website.

1.6. Payment - a transfer of funds made with the help of a payment system.

1.7. OTC-Platform - a trading platform for searching for counterparties and making OTC transactions.

1.8. Personal Data - information that identifies a person, such as name, address, e-mail address, cell phone number, information on trading and bank details. The term "Personal Data" does not include anonymous and/or aggregated data that does not identify a specific User.

1.9. Agreement - this User Agreement and its integral parts, taking into account all additions and/or amendments that may be made in the manner determined by their terms.

1.10. Website - a set of information, texts, graphic elements, design, images, photo and video materials and other results of intellectual activity, as well as a set of computer programs contained in the information system, providing accessibility of such information at the address of the Website, including any subdomains, and if the domain or material of the Website should be changed for any reason, it includes the Website after any such changes.

1.11. Intellectual Property - all materials published on the Site, as well as all Services provided by the Service are the property of the Service and are not subject to third-party use: publication, distribution, duplication.

1.12. Application - the User's proposal to buy or sell cryptocurrency using the Services provided by the Service.

1.13. Electronic Document - information in electronic digital form.

1.14. Suspicious Traffic - assets of users who, when passing AML verification, showed a high risk assessment for their acceptance.

1.15. Verification (KYC) Procedures - verification procedures under the Anti-Money Laundering Standards - Know Your Customer (KYC) policy.

2. Introduction

2.1 This agreement regulates the relations between the User and the Service within the framework of the services provided by the Service to the User and cancels all previous agreements between the Service and the User on this subject.

3. Subject of the agreement

3.1 The subject of this Agreement is the Services provided by the Service, the description of which is given on the website of the Service.

3.2 The Service offers its services to all Users and does not verify the eligibility of Users to dispose of these funds and does not supervise the User's operations in any of the Payment Systems.

3.3 Payment systems and/or financial institutions are solely responsible for the funds entrusted to them by the User. The Service cannot be a party to the agreement between the Payment system and/or financial institution and the User and is in no way responsible for incorrect or unauthorized use of the Payment system features by the User, as well as for abuse of the Payment system functionality by the User. Mutual rights and obligations of the User and the Payment system and/or financial institution are regulated by respective agreements.

3.4 Any initiated operation on exchange of User's funds, as well as any other operation offered by the Service to the User, cannot be canceled by the User.

4. Rights and obligations of the Parties

4.1 The Service has the right to suspend or cancel the operation in progress, if the authorized bodies receive information about the unauthorized possession of funds by the User and/or other information that makes it impossible for the Service to provide services to the User.

4.2 The Service has the right to suspend, refuse to refund, cancel the operation in progress if the User violates the terms and conditions of this Agreement.

4.3 The Service has the right to cancel the operation in progress and return the title units deposited by the User without giving any reasons.

4.4 The Service undertakes to take all possible and available actions to prevent attempts of illegal trade, financial fraud and money laundering with the use of the Service services. These actions include: providing the best possible assistance to law enforcement agencies in the search and capture of financial terrorists engaged in illegal money laundering activities; providing the competent authorities in accordance with applicable law information related to the processing of the Service; improving the Service to prevent direct or indirect use of the Service in activities contrary to the legislation aimed at combating illicit trade, financial fraud and money laundering through the use of the Service; providing the Service to the competent authorities in accordance with applicable law; providing the Service to the competent authorities in accordance with applicable law information related to the processing of the Service; improving the Service to prevent direct or indirect use of the Service in activities contrary to the legislation aimed at combating illicit trade, financial fraud and money laundering through the use of the Service.

4.5 In case of detection of suspicious traffic on the part of the User, the Service reserves the right to transfer all information at the request of law enforcement agencies about the identity, application for exchange and currency received from the User.

4.6 By registering on the Service's website, as well as making an exchange without registration, the User confirms that he/she agrees with these Rules and accepts the terms and conditions of the Agreement, the User has reached the age of 18, the laws of the country of his/her residence do not prohibit the use of the Service, as well as the User does not plan to carry out any illegal activities through the use of the Service.

4.7 When registering on the Service site, as well as making an exchange without registration, the User guarantees that he/she provides complete, truthful and up-to-date information about himself/herself, that the use of the Service is made only for personal purposes, which do not violate the laws of the Russian Federation or any other country in which the User is located, and also undertakes to timely update the data to maintain their relevance.

4.8 The User guarantees the confidentiality of registration data and access to his account, as well as assumes full responsibility for all activities occurring under his account, including in the case of hacking or unauthorized access.

4.9 The User undertakes to timely report a breach of security of his account.

4.10. The Service has the right to block the User's account in case of suspicion of illegal actions, suspicion of account hacking or in case of violation of the Service rules. The User's account is blocked without the right to restore it in case the User creates obstacles in the work of the Service.

4.11. By accepting the terms and conditions of this Agreement, the User guarantees that he/she is the legal owner of funds and/or cryptocurrency.

4.12. By accepting this User Agreement, the User confirms that he/she understands the principles of the Service and assumes full responsibility for all risks and losses associated with the use of the Service.

4.13. The User gives his/her consent to the Service to process the personal data provided during registration on the site, during the verification procedure, as well as during the collection of any information about the client on the site

4.14. Personal data includes:

  • Surname, First Name, Patronymic;

  • passport photo/scan;

  • other identity documents (individually in each case);

  • video selfies with passport in hand;

  • e-mail address;

  • cell phone number (where the client can be contacted);

  • details of the wallets used (individually in each case);

  • card number and/or bank account (individually in each case).

4.15. Processing of personal data means recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), including cross-border, depersonalization, blocking, deletion, destruction of personal data that do not fall under special categories, the processing of which requires written consent of the User.

4.16. Processing of personal data is performed for the purpose of fulfillment of the Parties' obligations under the Agreement, registration of the User on the Website, providing the User with technical support, making Requests, rendering Services, consideration of appeals and claims, sending informational and other messages to the User's e-mail address.

4.17. In accordance with the Financial Crimes Enforcement Network (FinCEN) final rule pursuant to 31 C.F.R. 1010.100(ff), which requires each foreign firm providing cash settlement services to appoint a service representative residing in the United States as an agent to serve as a process agent in compliance with the BSA and its implementing regulations, Tsunami Cash does not provide electronic currency exchange services to U.S. citizens or users residing in the United States.

4.18. Services provided by Tsunami Cash may be legally prohibited in some jurisdictions. By accepting the terms of use of services of Tsunami Cash service, you confirm that you are not a resident of such jurisdiction.

4.19. The Service has the right to perform AML and KYC checks for compliance with the "Fifth Anti-Money Laundering and Terrorist Financing Directive (5AMLD)"

4.19.1. If the AML check of cryptocurrency assets reveals a risk of more than 50%, the funds will be blocked and user verification (KYC) will be requested according to clause 8.5 of this agreement.

4.19.2 If the AML verification of cryptocurrency assets reveals a risk of more than 50% and/or the situation is covered by clause 9.4.2 of this agreement, the assets may not be exchanged and returned.

5. Services

5.1 Ordering of the Service services and receiving information about the progress of the transaction by the User is made exclusively by contacting the Service representative.

5.2 The Service offers its services according to the established internal work schedule of the Service.

5.3 Questions and claims on requests are accepted within 24 hours from the moment of execution. After 24 hours exchange requests are considered to be properly executed or not paid depending on their status at the time of expiration of the specified period.

5.4. In case of any suspicious actions on the part of the client, as well as in case of use by the user of suspicious assets, the service can delay payment and require to pass additional verification of identity and conduct an internal analysis of the funds used by the user.

5.5 The Service reserves the right to refuse the exchange unilaterally.

5.6. The services provided by Tsunami Cash are prohibited for use by citizens of the Russian Federation, USA, Ukraine, Cuba, Iran, North Korea and Syria.

6. Cost of services

6.1 The tariffs are determined by the Service management and published on the Service website. The Service management has the right to change tariffs without additional notice.

6.2 The Service is not responsible for the client's expectations about changes in tariff plans and cost of services.

7. Guarantees and responsibility of the parties

7.1 The Service guarantees the fulfillment of its obligations to the User only within the limits of the amounts entrusted to the Service by the User for the performance of the operation within the terms and conditions of the Service documentation.

7.2 The Service guarantees and ensures the confidentiality of information about the User and his operations. The Service can provide this information only at the request of authorized state bodies, officials or representatives of Payment systems if there are legal grounds for it.

7.3 The Service makes every effort to ensure uninterrupted operation of the Service, but does not guarantee the absence of technical problems leading to a full or partial suspension of the Service. The Service is not responsible for losses, lost profits and other costs of the User, resulting from the inability to access the site and services of the Service.

7.4 The Service is not responsible for any damage caused to the User, even if its possibility was known in advance. The Service is not responsible for obtaining information about the User's activity by third parties in case of system hacking and obtaining data by third parties.

7.5 The Service does not bear any responsibility for losses, unreceived profit and other costs of the User, resulting from the User's erroneous expectations regarding the tariff rates of the Service, profitability of transactions and other subjective factors.

7.6 The Service is not responsible for the change of the risk assessment (AML Risk Score) of client wallets after making exchanges.

7.7 When visiting the website of the Service, using the services of the Service and making exchanges, the User guarantees compensation of losses of the Service (management company, managers and employees) in cases of claims or suits directly or indirectly related to the use of services of the Service by the User.

7.8 The User agrees that the Service is not responsible in case of communication breakdown, Internet outage, as well as in case of force majeure.

7.9 The User guarantees that he/she is the owner or has authorized grounds for disposition of the funds used in his/her transactions, bank transfers, etc. The User guarantees that he/she is the owner or has authorized grounds for disposition of the funds used in his/her transactions, bank transfers, etc.

7.10. The User undertakes not to falsify communication flows related to the functioning of the Service.

8. Force Majeure

8.1 The Parties shall be released from liability for full or partial non-fulfillment of obligations under this Agreement in case the non-fulfillment of obligations was caused by force majeure, namely: fire, flood, earthquake, terrorist acts, change of power, civil unrest, DDOS attacks on the Service, as well as non-functioning of payment systems, power supply systems, communication networks and Internet service providers.

8.2 In case of an error in the payment of the exchange, the User will receive a notification about the status of the application and/or to the specified e-mail.

8.3 In case the application is paid after the time allotted for payment of the application, the service reserves the right to return the payment for the application less the network commission and service costs back to the User or to recalculate at its own discretion.

8.4 If the application rate deviated by more than 7% from the rate on the exchange Binance or Garantex, including in case of technical failure of the site, the exchange service has the right to recalculate the application at the current rate on the site or issue a refund to the User less the costs of the service and network commission.

8.5 In case when the User intentionally, unintentionally, as well as in case of a technical failure (including. on the side of Tsunami Cash Service), as a result of malicious actions or for other reasons, made an exchange, which in its turn caused losses for Tsunami Cash Service, and the deviation from the market rate in the executed order amounted to more than 7% of the rate on the exchange Binance or Garantex (this rule applies to any side of the exchange), orders made on the above conditions are considered invalid. The Service has the right to compensate the incurred damage by withholding any future receipts of funds from the User within the framework of interaction with the Service.

8.6 In case of detection of suspicious assets/funds violating the AML agreement of the Service and suspicious/fraudulent actions on the part of the User, the transaction is blocked by the Security Service for up to 180 days for further investigation.

In order to start the unblocking procedure, it is necessary to pass the light user verification (KYC) according to clause 4.19 of this agreement.

It is necessary to send:

Photo or scan of your passport or other identification documents (your choice);

A cell phone number where you can be contacted if necessary (optional);

Video selfies with the ID document;

Record a short video of good quality without interruptions, voicing clearly the following information:

Name, series and number of the ID document, holding it close to your face;

The name of our service and the date of the video;

The number of the application and the date of its creation;

Show the wallet/account/other from where exactly the payment/transaction was made, currency and amount. The name and address (URL) of the website must be readable if the transfer was from a mobile application.

Write a brief handwritten explanation of what you sent from your wallet (address) to our wallet (address and transaction hash) and that you are the owner of the assets and not a third party. Write the address where you ask to return the assets back.

Specify the address/account of the wallet where the assets should be returned to you.

We expect the above data from you not later than 48 hours from the moment of receiving this e-mail.

In the absence of the requested data, the service will not be able to start the procedure of unblocking your assets.

8.6.1 Upon expiration of the blocking period (180 days), from the day of identity verification (KYC), the user should independently apply to the customer support service to the official mail, within 30 days.

8.7. The Service does not bear any material responsibility to the User, if the User specified incorrect details in the application to receive funds from the Service, and the Service has made a settlement with the User, sending payment to the details specified in the application.

8.8 Payments via third-party payment systems may be delayed for up to 5 business days for reasons beyond the control of the Service.

8.9 The deposit made outside the application may not be credited or lost. Payment of funds sent to irrelevant details is carried out with 5% commission.

8.10. The Service is not responsible if the User has specified payment details that differ from the bank specified in the exchange direction. Payment of funds to irrelevant details is carried out with 5% commission within 48 hours.

9. Qiwi Exchange Rules

9.1 The Service does not guarantee the fulfillment of an application paid after the expiration of the time period allowed for payment, the Service reserves the right not to fulfill the User's application and/or make a refund, less the payment system commission.

9.2 Qiwi payments through terminals are strictly prohibited.

9.3 The maximum number of applications awaiting payment by Qiwi with the same details is two. Previous applications with such sender and/or recipient details will be canceled automatically before the payment deadline.

9.4 If the Service is unable to automatically complete an exchange transaction due to limitations on the recipient's Qiwi account, the application will be processed manually within 48 hours.

9.5 Payment for Qiwi Exchange by bank card is not accepted and is strictly prohibited. In case of such payment, the exchange will not be executed and the funds will not be returned to the account.

9.6 If a Qiwi PS has delayed a customer's transfer for 48 hours, payment will be made at the current exchange rate at the time the funds are received.

9.7 The Service will not be liable for the customer's funds if, in the event of a suspicious transfer, the Qiwi PS blocks the customer's wallet or our service's wallet; if the Qiwi PS itself withholds funds; if the customer's wallet is in a Qiwi PS emergency; or if a payment from the Service is made to the customer's blocked wallet.

9.1 Exchange of Yandex.Money

9.1.1 Exchanges up to or equal to 15,000 rubles are performed without delay. If you use your Yandex.Money account for payment on our service for the first time and exchange an amount greater than 15,000 rubles, your request will be executed in 2 hours from the moment of payment.

9.1.2 Subsequent exchanges above 15,000 rubles with the same Yandex.Money account number and user account will be instant if you register before the first exchange.

9.1.3. If 24 hours have not passed since the first exchange, and the total amount of exchanges on the requisites exceeds 50 thousand rubles, an additional check with a delay of up to 48 hours may be established by decision of the security service.

9.1.4 Payment via bank cards to Yandex is not accepted and is strictly prohibited.

9.1.5. In case of any suspicious actions on the part of the client, the service reserves the right to request account data, which will confirm the belonging of the account to the client.

9.2. Cryptocurrency Exchange

9.2.1 Requests made by the service in automatic mode can be made up to 12 hours. Requests made by the service in manual mode can be made for up to 36 hours.

9.2.2 Requests for sale of all cryptocurrencies listed on the service's website are processed at the moment when the transaction receives the set individual minimum of confirmations (the minimum is set by Tsunami Cash service).

9.2.3 The service has the right to recalculate your request at the current rate, if the transaction has not received the required number of network confirmations within the time allotted for the request.

9.2.4 The payment for the exchange of BTC cryptocurrency is made after the 3rd confirmation in the Bitcoin network. The rate in the application remains fixed, if the payment was made by the User within the time allotted for payment of the application for this direction, and the transaction appeared in the network during this time, and the BTC cryptocurrency received 1 confirmation in the Bitcoin network within 15 minutes. If the 1st confirmation is received after 15 minutes, the request may be recalculated at the current exchange rate.

9.2.5 The exchange rate in the directions "give" Fiat, "receive" cryptocurrency is fixed within the time allotted for payment. Recalculation of orders in these directions is made at the current rate, if the client has not had time to transfer funds to the wallet/card issued in his application during this time.

9.2.6 When a client buys any cryptocurrency listed on the service's website, sending cryptocurrency by the service may take from 5 min to 12 hours. The speed of transaction confirmation in the network does not depend on the service.

9.2.6.1 In case of high load or technical problems in the network of cryptocurrencies listed on the service's website, for reasons beyond the control of the Service, the time of delivery of funds to the recipient's account can reach 240 hours.

9.2.7 Requests for the sale of cryptocurrencies listed on the service's website, paid for an amount less than the minimum exchange amount set by the service, are executed at the rate set at the discretion of the service, the return on such requests is possible in the case of withholding by the service of a commission equal to 10% of the amount of funds received, as well as minus the network commission.

9.2.8 Recalculation of the order amount is made by the service within the terms of this agreement in automatic mode, about what the service notifies the client by letter to the mail.

9.2.9 The service is not responsible for funds transferred to the blocked client's card or if the client's card is blocked after the service has transferred funds to it under the order.

9.2.10. All cash transactions are conducted strictly through the creation of applications on the site.

9.2.11. The rate in the directions of "giving" cryptocurrency, "receiving" cash - is fixed upon receipt of cryptocurrency to the wallet of the service and after receiving the required number of confirmations in the network (the recommended number of confirmations is regulated by the service).

9.2.12. In cities where there is actually no office for cash exchange, the service performs transactions using courier services. The final amount that will be received by the client in this exchange is affected by the amount of the service's costs for courier delivery, all delivery costs should be discussed in advance with the operator of the technical on the service's website.

9.2.13. Before executing a transaction in the directions of "giving" cryptocurrency - "receiving" cash, the service has the right to request the address of the wallet from which the transaction will be sent. The rate for this direction will be affected by the purity of the transaction, as well as the degree of risk of accepting this cryptocurrency for the service.

9.2.14. Due to the specifics of cash exchange (long drive to the office/change in the exchange rate of cryptocurrency/dollar/ruble by more than 3%) the rate may change, all exchange conditions should be clarified with the technical support operator on the service website, also the rate may change if before you the client will buy out the reserve of cryptocurrency/fiat funds, as well as if the time for payment of the application has expired.

9.2.15. All cash transactions are made in manual mode and require prior approval at least 2 hours before the exchange itself. Be sure to check all details with the operator before creating a request.

9.2.16. Coin exchanges that require MEMO or TAG when sent to our wallet must have these values MEMO or TAG. Funds sent without using MEMO or TAG are not subject to crediting and return.

9.2.17. Coins sent from Smart Contract are processed manually, processing time is 2 hours. After sending coins, you need to inform the operator in online chat the number of your request and HASH transaction.

9.3. Refund

9.3.1 Refunds are possible only at the discretion of the Service.

9.3.2 To make an application for a refund, the User must send an e-mail to the Service's e-mail address: [email protected]. The letter must be sent from the mail specified in the application, for which the User wishes to receive a refund. In the letter it is necessary to specify the application number and details for receiving the refund and the reason for the application.

9.3.3 The refund is made after deduction of the payment system commission for the transfer and after deduction of the Exchange Service costs in the amount of 5% of the exchange amount. The exception is the cases described in paragraph 4.19 of this Agreement.

9.3.4. Applications for refund are considered by the Service within 48 hours.

9.3.5. Refund on the application is made by the Service within 48 hours. (Exception to clause 4.19).

9.3.6 Applications for exchange ("You give"), paid for the amount less than the minimum amount of exchange, established by the Service, may be subject to a refund to the customer or exchange, less 10% of the amount of payment and the cost of the commission.

9.3.7 When exchanging the assets specified in clause 4.19 of this Agreement, after passing the AML and KYC procedures, the Service reserves the right not to provide the User with the exchange service and return the funds, following all procedures of the internal regulations of returns.

9.4 Return of assets that have not passed AML verification.

9.4.1 Return of blocked assets that have not passed AML verification is possible only after verification of identity in clause 8.5 of this Agreement and compliance with clause 8.5.1.

9.4.2. The return of assets is impossible if the assets have been requested by competent authorities and other agencies, including from any jurisdiction, in which case the blocked asset may be used as material evidence in a case.

9.4.3 Upon fulfillment of clauses 8.5 and 8.5.1, the return to the client will be made with a 5% fee.

9.4.4. Cryptocurrency assets are not subject to return and exchange, if the AML check by the system tsunami.cash/ru/rules/amlpolicy/ reveals the connection with criminal wallets belonging to the following categories:

  • DARK MARKET

  • DARK SERVICE

  • SCAM

  • STOLEN

  • MIXING(MIXER)

  • SEXTORTION

  • RANSOMWARE

  • HACK

  • PHISHING

  • TERRORISM FINANCING

  • FRAUD

  • BLACKLIST

  • STILL UNDER INVESTIGATION

  • CYBERCRIME ORGANIZATION

  • NARCOTICS

  • CHILD ABUSE

  • HUMAN TRAFFICKING

9.5 Changing the details of the recipient of the application

9.5.1 To change the recipient's details, the User submits an application for changing the details in an e-mail sent to [email protected]. The letter must be sent from the mail specified in the application for which the User wishes to change the details. The letter should include the application number, the old details from the application and the new details for receiving the funds.

10. Acceptance of the terms and conditions of service provision

10.1 Acceptance of the terms and conditions of the "User Agreement" when creating an application is automatically considered by the service as an agreement with all the documentation regulating the operation of the service.