General Terms and Conditions for the Use of the Tantum Services (“Terms”)

A. General Provisions

1. Common provisions

1.1 Please read these Terms together with the Policies (each as defined below) carefully before using the Tantum Services, such as the Tantum App, the Tantum Account and/or any other part of the Tantum Services (hereinafter “ Services”).

1.2 These Terms govern your application for a Tantum Account or use of a Tantum Account and the Tantum Services.

1.3 If you disagree with any provision of these Terms (or any part thereof), please do not register for the Tantum Account or the Tantum App or any other part of the Tantum Services.

1.4 You hereby agree and accept to the sole use of German and/or English language and that these terms and any information are only available in German and/or English language, as well as that any communication will be held only in German and/or English language.

1.5 These Terms and Conditions have been originally drafted in English. Although we may provide one or more translations for your convenience, the English version shall be the definitive and binding version. In the event of any conflict, discrepancy, or inconsistency between the English version and any translation, the English version shall prevail and be conclusive. The translated versions are provided for convenience only and shall not be used to interpret or construe these terms.

1.6 If you are under 18 years of age or under the age of majority in your jurisdiction, you are not authorized to apply for, register for or use the Tantum App, the Tantum Account or any other part of the Tantum Services .

1.7 These Terms constitute an agreement between you / the “User” and Tantum AG, an entity incorporated in the Principality of Liechtenstein (Company Registration Number FL-0002.636.567-3) whose registered office is at Landstrasse 114, 9495 Triesen Principality of Liechtenstein (hereinafter “Tantum”).

2. Conclusion of contract

2.1 By clicking on the “I agree” button presented within one of the Tantum Services including but not limited to the Tantum App and Tantum web services, you accept and agree with and acknowledge the content of these Terms, the Privacy Policy, Important Information on Key Risks, Fees Schedules, other applicable policies, other terms and conditions as may be prescribed by Tantum, notices, procedures, specifications, FAQs, guides and guidelines that are provided or made available to you, appear on the Tantum Website or are referred to in these Terms and which Tantum may modify from time to time (collectively, the “Policies”). If you do not accept these Terms as well as any other terms and provisions referred to herein, you may not use the Services.

2.2 At any time, you can get a current version of these Terms as well as any previous version of these Terms and all other policies under this link: https://tantumpay.com/terms-and-conditions

3. Definitions

3.1 The following definitions apply in the contractual provisions set out below:

3.1.1 “AML” means anti-money laundering.

3.1.2 “Accepted Assets” means such official currencies (i.e. legal tender) as may be compatible with and supported by the Tantum Account, with the list of such official currencies being as set out in Annex 1 hereto and subject to change from time to time by Tantum at its sole and absolute discretion.

3.1.3 “Available Balance”: means the value (displayed as units of the respective Accepted Assets) of the Accepted Assets held by you through your Tantum Account.

3.1.4 “Payment” means any transaction for payment made or any amount charged for any goods, services and/or other benefits rendered by a Merchant, through or from the use of the Tantum App or the Tantum Account appearing on the Tantum Account itself or in any other manner, including but not limited to online, offline or mail, telephone or facsimile orders or reservations (as may be determined and communicated between you and the Merchant).

3.1.5 “Limit(s)” means the maximum permissible limit(s) prescribed by Tantum as being applicable to uses of the Tantum App and Tantum Account for transactions, and whether with reference to time periods, total value of transactions, types of transactions, types of accounts or with reference to any other factors that Tantum may deem fit, or a combination of one or more of the aforesaid factors, with:

(a) such generally applicable limit(s) being as set out in Annex 3; and
(b) the actual limit(s) applicable to your use of the Tantum App and the Tantum Account being such limit(s) as may be determined by Tantum based on the relevant User Information and any other information possessed by Tantum (with such actual limit(s) possibly differing from the generally applicable limit(s) as set out in Annex 3 hereto).

3.1.6 “Transaction” normally means a Payment, a Withdrawal, any rebates or refunds received by you into the Tantum Account, or any other transactions, as may be authorised by you.

3.1.7 "Electronic Money Institution" is a legal entity authorized to issue electronic money within the European Economic Area and European Union under the Liechtenstein E-Money-Act (EMA; E-Geldgesetz; EGG and the Directive 2009/110/EC – European E-Money Directive).

3.1.8 "Electronic Money" means any monetary value stored electronically or magnetically in the form of a claim on the electronic money issuer which is issued against payment of a sum of money in order to carry out payment transactions within the meaning of Article 4(1)(54) of the Liechtenstein Payment Services Act (PSA or ZDG) and which is accepted by persons other than the electronic money issuer.

3.1.9 “Withdrawal” means any transaction for a withdrawal (in the relevant currency) of any amount of the Available Balance

3.1.10 “CFT” means combating the financing of terrorism.

3.1.11 “Consumer” is a natural person who acts in payment service contracts in accordance with the ZDG (Payment Services Act) for a purpose that cannot be attributed to their commercial or professional activity.

3.1.12 “Credential” means your login username, password and any other access keys used to access your Tantum Account or the associated Tantum App.

3.1.13 “User Information” means any information that you provide to Tantum in connection with these Terms, including information relating to a transaction or a Tantum Account, information that identifies or relates to you, regardless , whether true or not, and information collected, used and/or disclosed in accordance with these Terms and the Policies.

3.1.14 “Electronic Payment Service” means any payment service accessed and/or used electronically via the Tantum Account and the Tantum App.

3.1.15 “Electronic Mailbox” means your electronic mailbox, which you can access via your Tantum Account.

3.1.16 “Eligible Countries”: a country as defined in Section 7 in which Tantum and/or the card issuer and/or our banking and processing partners may or may provide services to you.

3.1.17 “Feedback” has the meaning given to it in Section 4.

3.1.18 “Force Majeure” means an event or circumstance the occurrence and effect of which Tantum cannot prevent or avoid despite reasonable foresight, care and diligence.

3.1.19 “Framework Agreement”: a payment service agreement that regulates the future execution of individual and successive payment transactions and may contain the obligation and conditions for setting up a payment account.

3.1.20 “Indemnified Parties” means Tantum and its respective directors, officers, employees, suppliers, vendors, licensors, agents and representatives.

3.1.21 “Merchant/Acceptance Partner” is a legal entity that acts as a merchant and accepts identification and/or payments via Tantum.

3.1.22 “Payer/User”: a natural or legal person who is the holder of a payment account and accepts a payment order from that payment account.

3.1.23 “Payment instruction”: any instruction from a payer or a payee to his payment service provider requesting the execution of a payment transaction.

3.1.24 “Payment initiation service provider”: A payment service provider who, at the request of the payment service user, initiates payment orders for a payment account held with another payment service provider.

3.1.25 "Account information service provider": a payment service provider that provides consolidated information about one or more payment accounts that the payment service user maintains either with another payment service provider or with more than one payment service provider.

3.1.26 “Payee”: a natural or legal person who is the intended recipient of an amount of money that has been the subject of a payment transaction.

3.1.27 “Payment services” are the services provided on a commercial basis which, among other things, enable the execution of direct debits, transfers and payment transactions as well as the deposit and withdrawal of funds;

3.1.28 “Payment service user”: the user who uses a payment service in his capacity as payer and/or payee;

3.1.29 “Payment service provider”: Tantum or the payer’s or payee’s bank, post office, electronic money institution, payment institution, etc.;

3.1.30 “Payment Instrument”: any personalized device and/or set of procedures agreed between the Payment Service User and the Payment Service Provider and used to initiate a Payment Order;

3.1.31 “PIN” means your personal identification number associated with your Tantum APP or Tantum account.

3.1.32 “Privacy Policy” means the current version of Tantum’s Privacy Policy, published by Tantum and made available to the public on the Tantum Website, to which you must agree, regardless of your acceptance of these Terms, in order to use the Tantum Services . A current version of the Privacy Policy can be found at this link: https://tantumpay.com/privacy-policy/.

3.1.33 “Guidelines” has the meaning given to it in Section 2.

3.1.34 “Tantum Services” means any products, services, content, features, technologies or functions that Tantum offers to its users.

The following services are provided to you and the following activities described in these Terms are carried out by Tantum:
● Payment and e-money services, including electronic payment services such as: B. maintaining the fiat portion of your Tantum Account, executing electronic money transactions, executing direct debit transfers and payment transactions
● the issuance of payment instruments or the acceptance and settlement of payment instruments;
● Other services related to the provision of the aforementioned financial services, e.g. B. Currency exchange, customer support or complaint handling.
● Carrying out customer identification and verification in accordance with applicable laws, maintaining appropriate compliance processes, e.g. B. in relation to the information security and risk management requirements applicable to regulated financial institutions.
● Identification service for customers and for Tantum's acceptance partners (business partners), in which all personal characteristics can be confirmed by Tantum without any direct data transmission. Through Tantum's internal identification check, each user's data is stored at Tantum, which is why Tantum can confirm certain characteristics of the Tantum acceptance partner (e.g. age). At the same time, Tantum can also pass on complete identification. (For details see “General provisions for TantumIdent under Section E.).

3.1.35 “Tantum App” means the mobile device application(s) and/or web application operated and maintained by or on behalf of Tantum, whether jointly with other persons or otherwise, through which part of the Tantum Services ( and other services and functionality as Tantum may determine from time to time) and which may be accessed, and includes any derivatives or upgrades of these applications that may be made available by Tantum from time to time in conjunction with other persons or otherwise.

3.1.36 “Tantum Account” means an account registered and maintained by you with Tantum, which may be used for, among other things, the following purposes:

(i) use, obtain and access Tantum Services in connection with the Tantum App and in accordance with these Terms;

(ii) initiate, send or receive payments and electronic money transactions, store and manage your funds digitally, pay or receive payments using a range of payment methods and options supported by Tantum and available to you through the Tantum app will be made available.

(iii) initiate transactions, make transfers, store and manage your funds in accordance with these Terms; and

(iv) receive other related services from Tantum, such as: Such as viewing your account history, searching for applicable exchange rates or other information about Tantum services, making changes to your account profile and similar services.

(v) Access to your electronic mailbox

3.1.37 “Tantum Website” means the Tantum Internet website accessible at https://www.tantumpay.com or such other URL as specified by Tantum;

3.1.38 "Unique identifier" is a combination of letters, numbers or symbols that the payment service provider has communicated to the payment service user and which the payment service user must provide in order to uniquely identify another payment service user and/or the payment account of this other payment service user for a payment transaction (e.g. International Bank Account Number [IBAN]);

3.1.39 “Reference Marker” means a combination of letters, numbers or symbols provided to the User in conjunction with a transaction reference code for the purpose of anonymously uniquely identifying the User and providing evidence and which is used to track a particular transaction or evidence when necessary can be.

3.1.40 “User data/customer information” means all information relating to the business relationship with you, in particular confidential information about the account holder, authorized representatives, beneficial owners and other third parties. Confidential information includes, among others, the following information: name/company, address, place of residence/seat, date of birth/foundation date, profession/purpose, contact details, account number, IBAN, BIC and other transaction data, account balances, portfolio data and other banking or financial services as well as tax law relevant information or due diligence requirements.

3.2 Any reference in these Terms to a Section shall be construed as a reference to the relevant section of these Terms unless expressly stated otherwise.

3.3 The words “including” or “including” in these Terms shall be deemed followed by
“without limitation” or “but not limited to,” whether or not followed by such phrases or words of the same meaning.

3.4 Any reference in these Terms to any person shall also be construed as a reference to that person's successors, assigns and representatives.

4. Contact information and feedback

4.1 If you wish to contact Tantum, whether in relation to these Terms, your use of the Tantum Account, the Tantum App or any other matter, or if you have any questions, comments, suggestions, ideas, original or creative materials or If you wish to submit other information (collectively, Feedback”), you may write to Tantum in German and/or English in accordance with these Terms by electronic mailbox or in writing to the following address:

Tantum AG
Highway 114
9495 Triesen
Principality of Liechtenstein
Email: info@tantumpay.com

4.2 In addition, you can use the request form in your Tantum account, the Tantum app or the Tantum website.

4.3 Inquiries about certain confidentiality-relevant processes/data cannot be answered via this channel, but only via the electronic mailbox.

5. Announcements and communications from Tantum

5.1 All communications from Tantum to you will be in writing in German and/or English, unless Tantum expressly permits otherwise. Generally, Tantum communicates with you via the Electronic Mailbox, which you can only access when you log in to your Tantum account. You agree that Tantum may also provide notices or other information to you by posting them on the Tantum website or through your Tantum account or the Tantum app (including posting information only by logging into your Tantum Account is accessible to you), by email to the email address you provided as customer information in connection with your Tantum Account, by post to the registered email address you provided as customer information in connection with your Tantum Account Address, sent to you by telephone or SMS. However, certain information obligations under the ZDG remain reserved.

5.2 You must have internet access to receive notices and information related to the Tantum Services.

6. Findings

6.1 Subject to applicable laws, regulations, rules, instructions, orders and requirements:

(a) Any determination, decision or opinion made by Tantum (in response to any Feedback or otherwise) under or pursuant to any provision of these Terms may be made in Tantum's sole and absolute discretion;

(b) Tantum is under no obligation to provide reasons or explanations for its findings, decisions and opinions (whether in response to feedback or otherwise); and

(c) in the event that Tantum nevertheless provides a reason or explanation for any of its findings, decisions or opinions (whether in response to feedback or otherwise), such reason or explanation constitutes a non-binding proposal and is not binding on Tantum binding, and such statement or statement does not constitute a representation, warranty or obligation on the part of Tantum (as to any future course of action or otherwise).

7. Tantum Account Registration and Eligibility

7.1 In order to apply for and use our Services, you must be a resident of an Eligible Country.

7.2 For TantumPay, users must be resident in the European Union or the European Economic Area.

7.3 To use our Services, you must be at least eighteen (18) years old and have reached or exceeded the age of majority in your jurisdiction and have full legal capacity to accept these Terms. By using our Services, you warrant that you are at least eighteen (18) years of age and have reached or passed the age of majority in your jurisdiction.

7.4 When opening an account with us, you must represent and warrant to us that you are not acting on behalf of or for the benefit of any other person.

7.5 In addition, you may not be a legal or natural person having U.S. citizenship, residency or tax residency in the U.S. or any person on the sanctions lists of OFAC, the United Nations, the European Union, the United Kingdom, Austria, Switzerland, Liechtenstein or others be on sanctions lists and also not be a politically exposed person (PEP). Sanctions lists include both lists of sanctioned countries (country lists) and lists of sanctioned individuals (name lists).

7.6 In order to be eligible to use the Services, you must register an account. As part of the account registration process, you must provide Tantum with current, complete and accurate user information as requested on the registration page for identification and verification purposes. For natural persons, this information includes personal data, including, but not limited to, last name, first name, date of birth, residential address, country of residence and nationality. Subject to our internal due diligence, legal entities are not permitted to open an account through the online registration process. Legal entities are only permitted in the role of a dealer. For legal entities there is a separate and extensive registration process with a high level of due diligence.

7.7 In addition, you must provide the additional customer information required for the following purposes

(a) verifying the beneficial ownership and justification of the source of funds or assets as a condition of providing the Tantum Services to you or before Tantum permits you to use or continue to use our Services;

(b) determining the risk-related provisioning requirements and transaction limits that should apply to you, and

(c) otherwise comply with our legal or contractual obligations and enforce these Terms.

7.8 In addition, you are required to provide all customer information requested by Tantum and deemed necessary by Tantum to decide whether to approve your account registration and to determine the scope of services you may receive from us.

7.9 You hereby authorize Tantum, directly or through a third party, to make any investigation that Tantum deems necessary to validate the customer information you have submitted to Tantum, including but not limited to reviewing or using any commercial database, population register or credit report other sources and publicly available information. Tantum assumes no liability or responsibility for any permanent or temporary inability to access or use services, including the inability to interact with such service providers, resulting from identity verification or other screening procedures.

7.10 You are not permitted to register for a second (2nd) Tantum account using a different email or telephone number but with the same personal information that you previously provided when registering for your first Tantum account . Tantum reserves the right not to approve the registration of such second (2nd) Tantum Account. If your previous registration for a Tantum Account was rejected by Tantum or Tantum had previously closed your account, you may not be able to re-register for a Tantum Account.

8. User Obligations

8.1 You hereby agree:

(a) provide accurate, current and complete customer information relating to your identity, location and other matters in connection with your registration for the Tantum Services;

(b) keep all customer information you provide to Tantum up to date;

(c) notify Tantum immediately if you change your country of residence or domicile or if there are any other changes to other customer information you provide to Tantum;

(d) not to use a password for your Tantum account that you have already used for an account on another website or service provider;

(e) protect and maintain the security of your access to your Tantum Account by taking all reasonable measures and complying with all of your obligations set forth in these Terms, particularly in this Section.

(f) Notify Tantum immediately if you discover or otherwise suspect any inappropriate or unauthorized disclosure and/or use of your Tantum App and/or Tantum Account, or if you lose or steal your password, PIN or other personal credentials .

9. Account Information and User Content

9.1 The Tantum Services do not provide any measures that enable you to create, post, upload, share or store content, including but not limited to photos, videos, sound, text, graphics, code, objects or other information and materials (collectively, your “User Content”). All content and necessary information is limited to the Tantum Services and users cannot share content with other users.

10. Right to feedback

10.1 Tantum may access and collect any Feedback you provide to Tantum in connection with any part of the Tantum Services, and you hereby expressly consent to and authorize the collection, use and disclosure by and on behalf of Tantum.

10.2 You agree that Tantum is entitled to retain any feedback it receives for any purpose it deems appropriate.

10.3 In the event that you wish to withdraw your consent provided in accordance with this paragraph after your Feedback has been submitted to Tantum, you must inform Tantum of the withdrawal of consent.

11. Tantum’s Use of Customer Information

11.1 The processing of personal data is carried out exclusively in accordance with the General Data Protection Regulation (EU) 2016/679 and the national data protection laws (Data Protection Act, Data Protection Regulation and Data Protection Regulations in the currently valid version). We process personal data (within the meaning of the applicable data protection laws) to the extent that this appears necessary and appropriate to fulfill legal or contractual obligations or there is another legitimate interest. For detailed information, please see our privacy policy, which is available online. You can access this at the following link https://tantumpay.com/privacy-policy/. This data protection information is continually updated.

11.2 You acknowledge and agree that by using the Tantum Services, Tantum processes personal data to perform the ancillary service of identification and payment processing of/for users and for Tantum's acceptance partners, taking into account all characteristics of the person (e.g. age ) can be confirmed by Tantum without any direct data transmission.

12. Dormant Accounts and Inactivity Fee

12.1 If your Tantum Account has no transaction activity and a positive available balance for a period of twelve (12) consecutive months, it will be considered inactive. From the thirteenth (13th) month of inactivity, an inactivity fee of eight (8) euros per month will be charged to the available balance of the account. This fee will continue to be charged each month until the available balance is exhausted. Tantum will endeavor to notify you of the impending dormancy of your account and the impending inactivity fee through in-app notifications and email using the customer details you have provided. To prevent your account from becoming inactive and incurring the inactivity fee, you should complete at least one transaction within a twelve (12) month period.

12.2 To reactivate an inactive account, a re-identification process must be completed in accordance with Tantum's current user verification requirements. Detailed instructions for this process will be provided upon request or at the time of account reactivation via email or directly in the Tantum application.

12.3 Tantum reserves the right to terminate any inactive account that has a balance of EUR 0.00. Users whose accounts have been terminated may re-onboard and reopen an account at any time in the future. The re-onboarding process will require users to go through Tantum's standard verification process again.

13. Prohibited Use of the Tantum Services

13.1 You hereby agree that you will not use any part of the Tantum Services to conduct, pay for or facilitate any activity that violates any applicable law, regulation, rule, instruction, order or requirement.

You further agree that you will not:

(a) use or permit any third party to use any portion of the Tantum Services to commit fraud or otherwise violate the law;

(b) engage in conduct that is harassing, threatening, intimidating, stalking, or otherwise objectionable to Tantum;

(c) engage in any conduct or act of fraud, extortion or abuse intended to spread falsehoods about Tantum or otherwise damage Tantum's reputation and credibility through deception;

(d) use any part of the Tantum Services in a manner that could disrupt, disrupt, negatively impact or inhibit any other user from fully enjoying the Tantum Services or that would impair the functionality of any part of the Tantum Services could damage, disable, overburden or impair in any way;

(e) use any part of the Tantum Services to intentionally steal the assets of another user, Tantum or its affiliates, such as through replay attacks.

(f) reverse engineer any aspect of any part of the Tantum Services or use any other process or procedure to derive the source code of any software included in any part of the Tantum Services (unless required by applicable law , a regulation, a rule, an instruction, an order or a requirement);

(g) to infringe, violate or misappropriate the intellectual property rights of any third party or to commit any unlawful, unauthorized or unlawful act or crime;

(h) reproduce (other than caching standard web pages), create derivative works from, publicly perform, publicly display, distribute, sell, rent, lease, timeshare, or otherwise commercially exploit it;

(i) attempt to bypass or circumvent any measures used to prevent or restrict access to any content, areas or features of any portion of the Tantum Services;

(j) develop third-party applications that interact with the Services without our prior written consent, except as permitted through the use of the Tantum App application programming interface (API);

(k) use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by Tantum to access, extract data or display any portion of the Tantum Services or otherwise interfere with or alter the functionality of any part of the Tantum Services;

(l) bypass or ignore the instructions contained in our robots.txt file that control automatic access to any portion of the Tantum Services;

(m) use any part of the Tantum Services for any purposes other than those intended; or

(n) use any part of the Tantum Services to engage in or promote any activity that violates these Terms.

14. Right of withdrawal

14.1 You acknowledge that, in accordance with Article 8 of the Distance Financial Services Act (FernFinG), you have the right to withdraw from any contract for financial services for consumers that was concluded with a company at a distance or outside of business premises (= online) in accordance with Section 2 FernFinG can withdraw without giving reasons within fourteen days, starting on the day after the contract is concluded.

14.2 You therefore have the right to revoke these terms and conditions within fourteen days of the conclusion of these terms and conditions (General Provisions) without giving any reason. To exercise your right of withdrawal, you must notify Tantum by means of a clear statement in the manner indicated in the “CONTACT INFORMATION” section.

14.3 Please also note that in accordance with Article 8 Para. 5 FernFinG, fulfillment of the contract may only begin within the cancellation period if you have given your express consent. In this case, we are entitled to demand the agreed fee for the services provided by us before the cancellation period expires in accordance with Art. 8 FernFinG.

15. General rights of Tantum

15.1 You hereby agree and accept that Tantum's records of all transactions, customer information and all other matters relating to these Terms or your use of the Tantum Services (including all communications transmitted electronically or by telecommunications between Tantum and you) are final and are final and binding for all purposes in the absence of obvious error.

15.2 Without prejudice to any other rights and remedies of Tantum (whether under these Terms, under law or otherwise), Tantum shall comply with all applicable laws, regulations and rules and instructions, orders and issued by all applicable regulatory and/or law enforcement authorities in relation to to act on anti-fraud, counter-terrorism, CFT, KYC, AML and the provision of financial and other services to individuals or companies requirements and may be subject to sanctions in this context. Tantum is entitled to take any action requested or deemed appropriate by relevant regulatory authorities and/or law enforcement authorities to comply with such laws, instructions, orders and requirements.

16. Disclaimers, Indemnification and Liability

16.1 In no event will Tantum be liable to you or any other person for any loss, liability, damage or expense arising out of or in connection with:

(a) a merchant’s refusal to use your Tantum Account or the Tantum App, a merchant’s refusal to authorize a transaction, or to accept or execute a transaction for any reason;

(b) any transfer of Assets other than Accepted Assets by any person to an address associated with a Tantum Account;

(c) any malfunction, defect or error in any terminal used to process transactions or facilitate use of the Tantum App or Tantum Account, or in any other machinery or authorization system, whether owned by persons other than Tantum or operated by them, or the inability of any terminal, machine or system to transmit, process or store data accurately, properly or in a timely manner;

(d) any failure, malfunction or disruption or interruption in the operation of the relevant software system(s) or source code(s) to which the Accepted Asset(s) are associated, or any part the Tantum App or your Tantum Account, due to forks, hacks, attacks (including but not limited to double-spend attacks, identity fraud, diversion fraud), cyber-attacks, distributed denials of service, bugs, vulnerabilities, defects, errors in the programming or in the source code or otherwise, regardless of when such failure, malfunction, breakdown or malfunction occurs;

(e) any access to or use of any External Applications or External Accounts by any person;

(f) any harm to your credit, character and reputation in connection with your use of the Tantum APP or Tantum Account;

(g) your failure to comply in any manner with the instructions provided to you with the Tantum App or Tantum Account;

16.2 Tantum will not be liable to you or any other person for any loss, liability, damage or expense caused by Tantum's ordinary negligence.

17. Force Majeure

17.1 Tantum will not be liable to you or breach any provision of these Terms if any delay in performance or failure to perform any of its obligations is due to force majeure.

18. Term of the contract

18.1 These Terms and Conditions are concluded for an indefinite period.

18.2 Users may terminate these Terms and/or the Framework Agreement at any time without notice. In the case of a framework agreement, the corresponding payment accounts must be balanced.

18.3 The framework agreement can be terminated free of charge by the user after a six-month period has expired. In all other cases, reasonable fees may be charged based on costs incurred. Tantum is entitled to terminate these conditions and/or the framework agreement concluded for an indefinite period with two months' written notice. Tantum may terminate these Terms and/or the Framework Agreement at any time in the event of special circumstances.

19. No waiver

19.1 No failure to exercise or enforce or delay by Tantum in exercising or enforcing its rights under these Terms shall operate as a waiver thereof, nor shall such failure or delay in any way affect Tantum's rights at any time.

20. Confidentiality

20.1 The board members as well as the employees and representatives of Tantum are obliged by law to maintain confidentiality for an indefinite period regarding all user data made accessible to them as part of the business relationship.

21. Transferability

21.1 The Tantum Account is non-transferable and all rights, interests and obligations under these Terms are non-transferable once the Tantum Account has been created without the prior written consent of Tantum. The Tantum Account may only be used for transactions by you and no other person.

22. Intellectual Property Rights

22.1 These Terms do not entitle you to any intellectual property rights, including rights relating to the use of information, images, interfaces, logos, trademarks, trade names, Internet domain names or copyrights in connection with any part of these Terms, the Policies, the Tantum Website, the Tantum App or the Tantum Account for any purpose.

22.2 Tantum's policy is to restrict access to the Tantum Services to users who infringe the intellectual property rights of others. If you believe that anything associated with the Tantum Services violates any copyright you own or control, you may contact Tantum in accordance with Section 4.

22.3 The Application Programming Interface (API) of the Tantum App is the proprietary technology of Tantum and may not be copied, imitated or used, in whole or in part, outside of the intended use of the Tantum App. Tantum reserves all rights to its databases, websites, graphics, software, applications, programs, code, etc., including chat texts, the content of Tantum emails and data such as transaction prices, developed or developed by Tantum or its partners were made available and can be accessed via various external APIs. Tantum may require third parties to stop using Tantum's API for purposes not authorized by Tantum.

22.4 The Tantum logo, any other names, logos or slogans of Tantum Services that may appear on the Services, and the corporate design of the Tantum Services, the Tantum App, the Tantum Account and the Tantum Website, including all page headers, custom graphics, button icons and scripts, are trademarks, service marks or trade dress of Tantum and its suppliers and licensors and may not be copied, imitated or used, in whole or in part, without the prior written consent of Tantum or the applicable trademark owner. You may not use any meta tags or any other “hidden text” incorporating Tantum’s names, trademarks, or product or service names without Tantum’s prior written consent. In addition, you may not use framing techniques to enclose any trademark, logo or other proprietary information of Tantum, including images contained in any part of the content of any text or the layout or design of any page or website, without the prior written consent of Tantum on a page on any part of the Tantum Services, the Tantum App, the Tantum Account and the Tantum Website.

22.5 You must not attempt, directly or indirectly:

(a) transfer, sublicense, loan, sell, assign, lease, rent, service, distribute or distribute any rights to the Tantum Services, the Tantum App, the Tantum Account or the Tantum Website to subcontract any part of the Tantum Services, the Tantum App, the Tantum Account or the Tantum Website to any natural or legal person;

(b) modify, alter, tamper with, repair or otherwise create derivative works of any software contained in any part of the Tantum Services, the Tantum App, the Tantum Account or the Tantum Website;

(c) reverse engineer, disassemble or decompile any portion of the Tantum Services, the Tantum App, the Tantum Account or the Tantum Website or use any other process or technique to derive the source code of any software contained in any portion of the Tantum Services, the Tantum app, the Tantum account or the Tantum website.

22.6 You are not permitted to issue press releases or make any public statements relating to any part of the Tantum Services, the Tantum App, the Tantum Account or the Tantum Website, or the name, trademarks or logo of Use Tantum or any of its affiliates in any form or manner (including in promotional materials) without Tantum's prior written consent or misrepresent Tantum or any of its affiliates.

22.7 Tantum may display third-party content, advertising, links, promotions, logos and other materials on or through any part of the Tantum Services, the Tantum App, the Tantum Account or the Tantum Website (collectively, “Third-Party Content”). Tantum does not control, endorse, sponsor, or adopt the Third Party Content or third party content referenced on the Services, and Tantum makes no representations or warranties of any kind with respect to such Third Party Content, including without limitation as to its accuracy or completeness . Your interactions with Third Party Content and with third parties that provide Third Party Content are solely between you and such third parties, and Tantum is in no way responsible or liable for such interactions or Third Party Content. When you leave the Tantum App or the Tantum Website and access a third-party application or website, these Terms and Policies no longer apply.

23. Outsourcing of business areas, services and data processing (outsourcing)

23.1 Within the framework of the legal provisions regarding the outsourcing of business areas and services, Tantum can in principle outsource all business areas and services or parts thereof. This includes, for example, the identification of natural and legal persons, payment transactions, the printing and sending of documents, the maintenance, operation and security of IT systems as well as the fulfillment of reporting obligations.

23.2 Outsourcing can be carried out to the Tantum group companies, to the Tantum subsidiaries and to third parties. These can be based in Tantum's country of residence or abroad. The user agrees that Tantum may pass on the user data or parts thereof to selected third parties and partners for this purpose and that these third parties may store, manage and process the user data or parts thereof in their central computer systems. Within the framework of the applicable data protection regulations, user data may be processed in countries where the level of protection does not correspond to that in Liechtenstein. However, the data will only be transmitted if the selected third parties and partners have committed in advance to maintaining confidentiality equivalent to banking secrecy and to providing evidence of adequate data protection within the meaning of the GDPR and the Liechtenstein data protection regulations.

24. Business Hours

24.1 Tantum's normal business hours are Monday to Friday from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 5:00 p.m. (general business hours).

24.2 The provisions applicable in Liechtenstein regarding deadlines and special government-recognized holidays must be observed by the customer in all transactions with Tantum. Saturdays and Sundays are treated as public holidays.

25. Language

25.1 The relevant language for the business relationship with Tantum is German and/or English. For foreign language texts, the German or English version of the text is decisive for interpretation. In the event of discrepancies between the German and English versions of a text, the originally conceived text/language prevails.

26. Severability clause

26.1 If any provision of these Terms is found by a court of competent jurisdiction to be invalid, ineffective or for any reason unenforceable, the remaining provisions will remain in effect and the parties will negotiate in good faith to modify these Terms to reflect the original intent to the greatest extent possible in an acceptable manner between the parties so that the transactions contemplated hereby can be carried out to the greatest extent possible as originally intended.

27. Governing Law and Jurisdiction

27.1 These terms and conditions are governed by Liechtenstein law, excluding conflict of law provisions, unless mandatory provisions of the member state in which you as a user have your main residence conflict with Liechtenstein law.

27.2 The parties hereby submit to the jurisdiction of the courts in Liechtenstein. Tantum may bring legal proceedings against you in any other court of competent jurisdiction. Mandatory provisions of the Member State in which you as a user have your main residence remain reserved.

28. Contact Information

28.1 If you have any questions or comments about these Terms, you can contact us at the address set out in Section 4.

B. General provisions for payment services (TantumPay)

1 Common provisions

These General Terms and Conditions for Payment Services (TantumPay) apply to the execution of transactions via a payment account with Tantum.

The provisions of Sections B 1.1 to 1.12 generally apply to the provision of payment services. Section B 2. applies to the provision of domestic and cross-border payment services, i.e. for payment transactions from or to countries of the European Economic Area (EEA) in euros if the payment service providers of the payer and the payee are based in the EEA or the only payment service provider of the payment transaction is based in the EEA is.

Section B 2. applies to the components of the payment transactions, with the exception of Sections B 2.2 and B 2.5 in cases where both the payment service provider of the payer and the payee are located in the EEA or the only payment service provider of the payment transaction is located in the EEA , which are exported in the EEA.

Section B 2. also applies, with the exception of Sections B 2.2, 2.4 (1), 2.5, 2.6.7, 2.6.9, 2.6.10 and 2.8 in cases where only one of the payment service providers involved is based in the EEA the parts of the payment transactions that are carried out in the EEA.

The provisions represent a framework contract for consumers within the meaning of the Liechtenstein Payment Services Act (“Payment Services Act”; “ZDG”).

The following sections only apply to consumers within the meaning of the ZDG: B 1.9, 1.10, 2.6.4, 2.6.6, 2.6.7, 2.6.9, 2.6.10 and 2.8.

The information obligations under Articles 48 to 66 of the ZDG do not apply to payment service users who are not consumers.

These General Terms and Conditions for Payment Services (TantumPay) supplement and form an integral part of the General Terms and Conditions for the use of the Tantum Services and are therefore also an integral part of the Terms and the definitions used therein, unless otherwise defined in this Section B. In the event of any inconsistency between the General Provisions for Payment Services and the General Terms and Conditions for the use of the Tantum Services, the former shall prevail.

1.1 Information about Tantum and the supervisory authority

Tantum AG is approved by the Liechtenstein Financial Market Authority, Landstrasse 109, PO Box 279, 9490 Vaduz, Principality of Liechtenstein, email: info@fma-li.li, in accordance with the Electronic Money Act to provide electronic money and payment services regulated.

1.2 Definitions

The definitions are in Section A.3. “Definitions.”

1.3 Payment Services

Tantum provides various payment services as described below in accordance with the ZDG only in connection with the issuance of e-money:

1.3.1 Payment Services

Execution of payment transactions, including money transfers to a payment account with the user's payment service provider or with another payment service provider;
a) Direct debit

Payment service for debiting a payer's payment account when a payment transaction is initiated by the payee on the basis of the payer's consent to the payee, the payee's payment service provider or the payee's own payment service provider;
b) Transfer

A payment service triggered at the payer's request to credit the payee's payment account upon the execution of one or more payment transactions by the payment service provider managing the payer's payment account, including standing orders;
c) Payment instrument business

Issuance of payment instruments and/or acquisition of payment instruments;

1.4 Execution of payment orders and rejection

1.4.1 Execution of payment orders

Payment orders are processed by Tantum with due care. If Tantum requires further information or instructions to carry out a user's order and these cannot be obtained from the user in a timely manner, either because the user does not wish to be contacted by Tantum or because the user cannot be reached, Tantum reserves the right to provide protection in case of doubt of the user to decide not to carry out the order.

The payment service user must give instructions that must be carried out at a specific time and in a timely manner.

1.4.2 Information required for proper execution

Tantum only offers electronic money orders. The user is not permitted to place payment orders in any other form (e.g. by email, in writing…) than via electronic payment services. In order to correctly execute a payment instruction, the relevant special provisions apply to electronic payment instructions via the Tantum App or the Tantum Account, as set out in Section C for Electronic Payment Services.

1.4.3 Rejection or later execution of instructions

Tantum is not obliged to carry out orders that are not covered by sufficient funds. Payment service users have no credit limits on Tantum accounts. If a payment service user has placed several orders whose total amount exceeds his available credit, Tantum is entitled to decide at its own discretion which orders will be executed in whole or in part, taking into account the order date and time of receipt. Tantum reserves the right to execute a payment order at a later date or to reject it if the information required is incorrect or there are other legal or regulatory reasons against execution. Tantum will inform the user of the reasons for the rejection in an appropriate form (via electronic mailbox, information in the Tantum account or the Tantum app), as long as this is possible and does not violate other legal provisions and/or court or official orders.

Tantum is not obliged to execute a payment order despite incorrect or missing information.

Tantum is not liable for the late execution or non-execution of orders in connection with the fulfillment of legal obligations, in particular under the Due Diligence Act (“SPG”). In cases of receipt of unusual amounts, Tantum is entitled, after clarifying the detailed circumstances, to decide at its own discretion whether to credit the payment account or return it. Tantum also reserves the right to return amounts that have already been credited to the payer's payment service provider if it is not provided with sufficient information about the background and origin of the amounts within a reasonable period of time. Finally, the execution of payment orders placed through electronic channels, such as the electronic payment services through the Tantum Account, is subject to the provisions of Section C.

Tantum is entitled to charge the User for the costs of providing information about rejected payment orders if the rejection is objectively justified.

1.5 Collective orders

For collective orders, all execution conditions must be met for each individual payment order. Otherwise, Tantum is entitled to reject the entire collective order without processing it.

1.6 Issuing, receiving and revoking payment instructions

A payment transaction is only considered authorized if the user has given his consent before - or, if agreed between the user and Tantum, after - the execution of the payment transaction. The instruction is considered authorized in accordance with the special provisions applicable to the use of electronic and other means of communication (see the “General Conditions for Tantum Electronic Payment Services” in Section C).

The payment service user may revoke the payment order until it is received by Tantum, subject to the provisions set out in the paragraphs below.

The time at which a payment order is received by Tantum is deemed to be the time at which the payment order is received by Tantum. The user's account may not be debited before receipt of the payment instruction.

If the payment transaction was initiated by a payment initiation service provider or by or through the payee, the payer can no longer revoke the payment instruction after giving the payment initiation service provider consent to initiate the payment transaction or the payee consent to execute the payment transaction.

Tantum is entitled to invoice the payer for the revocation of a payment order.

1.7 Fees for payments

Fees may be charged for payment services. These fees are set out in Tantum's fee schedule in Appendix 2, where applicable.

This is without prejudice to any additional fees set out in these General Terms and Conditions for Payment Services.

Tantum is entitled to charge fees for the fulfillment of other additional obligations. These fees depend on the actual costs incurred.

1.8 Currency Conversion

Payment will only be made in accepted values as set out in Appendix 1. Tantum does not offer currency conversion and does not accept other currencies as Accepted Assets. The user is obliged to transfer only accepted assets to Tantum and, if necessary, exchange other currencies for accepted assets before making a payment.

If for any reason a payment is made in a currency other than the accepted balance, Tantum reserves the right to immediately exchange amounts in foreign currencies and credit or debit the accepted balance based on the current exchange rate, subject to a fee can. This applies without prejudice to any special instructions from the user or the existence of a corresponding foreign currency account.

1.9 Information obligations

1.9.1 General information obligations

You hereby expressly request and agree to enter into these Terms by means of remote communication. You acknowledge that for this reason Tantum is unable to provide these Terms and the information contained therein in advance in accordance with Article 61 Para. 1 ZDG and that Tantum will therefore fulfill its corresponding obligations immediately after entering into these Terms becomes.

Tantum will make these General Terms and Conditions for Payment Services and the information provided therein available to users on Tantum's website. Tantum is entitled to charge a fee for information requested by users that goes beyond the information specified above, or for the more frequent provision of this information or for its transmission using means of communication other than those intended.

You can review a current version of these Terms and any prior versions of these Terms at any time at this link: https://tantumpay.com/terms-and-conditions

1.9.2 Manner of information transmission

If the ZDG requires Tantum to provide you with information in writing or on another durable medium, Tantum will provide you with the information by message to your electronic mailbox, including an email to the email address you provided in the in connection with your Tantum account as customer information in which you will be informed about the new message in your electronic mailbox (“agreed manner”).

1.9.3 Information for the payer about payment transactions

Tantum provides payers who are consumers with the information on individual payment transactions (reference, amount, currency, fee, value date) within the Tantum app (as in Section B 1.9.1), unless the information is provided immediately after Execution of the respective transaction in the agreed manner (as in Section B 1.9.2).

1.9.4 Information for the payee in payment transactions

Tantum will provide the payment recipients, who are consumers, with the information on the individual payment transactions (reference, amount, currency, fee, value date) - unless immediately after the respective transaction has been carried out - or once a month free of charge and in the agreed manner manner (as in Section B 1.9.2).

1.10 Amendment and repeal of the Payment Services Provisions

1.10.1 Changes to the framework agreement

Tantum reserves the right to change the framework agreement at any time. Changes to the framework agreement will be announced at least 2 weeks before the planned date of application.

The user's consent to the changes to the framework agreement is deemed to have been given if he has not notified Tantum of his rejection of the changes before the proposed date of entry into force of the changed conditions. In this case, the user is entitled to terminate the framework agreement free of charge and without notice before the proposed date on which the changes come into effect.

Exchange rates may be changed by Tantum at any time and without prior notice to the user.

1.10.2 Term of the contract

This framework agreement is concluded for an indefinite period of time.

1.10.3 Notice periods and termination options

Users can terminate the framework agreement at any time without notice. In this case, the corresponding payment accounts must be balanced.

The framework contract can be terminated free of charge by the user after a period of six months. In all other cases, an appropriate fee may be charged based on the costs incurred. Tantum is entitled to terminate the framework agreement concluded for an indefinite period by giving two months' written notice. If there are special circumstances, Tantum can terminate the framework agreement at any time.

Fees paid in advance will be refunded pro rata by Tantum.

1.11 Language and means of communication

The language specified in the General Provisions under point 1 “Common Provisions” applies to the contractual relationship. In general, Tantum communicates with its users via the electronic mailbox. Instructions and notices transmitted via other means of communication will only be accepted on the basis of a separate agreement concluded in the manner agreed in Section B. 1.9.2 If such a separate written agreement has been made and the user contacts Tantum via one of these communication channels, Tantum reserves the right to contact the user in this way as well.

In addition, the special provisions in Section C “General Provisions for Electronic Payment Services” apply to electronic services.

1.12 Dispute Resolution Procedures

For the out-of-court settlement of disputes between Tantum and the payment service user, the arbitration board specified in the ZDG can be called upon. It mediates appropriately in disputes between the parties involved and endeavors to reach an agreement between the parties.

2 Domestic payments and payments within the EEA

2.1 Restrictions on the use of a payment instrument and access to payment accounts by payment service providers.

Spending limits and blocking conditions may be set out in separate agreements for certain payment instruments.

Tantum reserves the right to block a payment instrument for objectively justified reasons relating to the security of the payment instrument and to suspicion of unauthorized or fraudulent use of the payment instrument or, in the case of a payment instrument with a credit limit Significantly increased risk that the user will not be able to meet his payment obligation.

In these cases, Tantum will inform the user of the blocking of the payment instrument and the reasons for this decision in an appropriate manner (in writing, verbally or via electronic communication channels such as a message to the electronic mailbox), preferably before the blocking of the payment instrument payment instrument and at the latest immediately thereafter, unless the provision of such information would undermine objectively justified security reasons or is prohibited by other relevant legislation. Tantum will unblock the payment instrument or replace it with a new payment instrument as soon as the reasons for the blocking no longer exist.

Tantum may deny an account information service provider or a payment initiation service provider access to a payment account if there are objectively justified and duly proven reasons relating to unauthorized or fraudulent access to the payment account by such account information service provider or payment initiation service provider, including the unauthorized or fraudulent initiation of a payment transaction . In such cases, the User will be informed in an appropriate manner (in writing, verbally or through electronic communication channels) that access to the Payment Account will be refused and will be provided with information about the reasons for this decision. This information shall, where possible, be provided to the user before the denial of access and at the latest immediately thereafter, unless the provision of this information would undermine objectively justified security reasons or is prohibited by other relevant legislation.

Tantum will release access to the payment account as soon as the reasons for refusing access no longer exist.

2.2 Execution period and value date

We aim to send or receive execution instructions to banks by the end of the next business day. Once the banks have received the execution instructions, we no longer have control over how long it takes for the payment to be made to or from the bank account you specified. At this point, the banks and the payment systems they rely on take responsibility for ensuring that the money is transferred to or withdrawn from the bank account you have specified.

For payments within the EEA, a maximum execution period of four working days applies. Upon request, Tantum will inform the user about the maximum execution deadline for a specific payment transaction initiated by the user but not yet executed.

2.3 Value date and availability of funds

The date on which the credit is credited to the payee's payment account is no later than the business day on which the amount of the payment transaction is credited to the account of the payee's bank or another payment service provider.

The date of debiting the payer's payment account is the earliest of the business day on which the payment account is debited with the amount of the payment transaction.

2.4 Fees

For payment transactions within the EEA where both the payer's and the payee's payment service providers are established in the EEA or the sole payment service provider of the payment transaction is established in the EEA, the payee shall pay the fees charged by its payment service provider and the payer shall pay those charged by its payment service provider Fees charged by payment service providers.

Upon request, Tantum informs the user about the fees for a specific payment transaction initiated by the user but not yet carried out.

2.5 Amounts Transferred and Amounts Received

When accepting amounts, Tantum is entitled to deduct its fees from the transferred amount before crediting it to the payee. In such a case, the full amount of the payment transaction and the fees will be shown separately in the payee information.

2.6 Safeguards/Liability and Refunds

2.6.1 Obligations of payment service users

The payment service user authorized to use a payment instrument is obliged:

(a) use the payment instrument in accordance with the specific arrangements for the issuance and use of the payment instrument; and

(b) to inform Tantum or another designated body immediately if it discovers the loss, theft, misuse or other unauthorized use of the payment instrument in accordance with the specific agreements. Users have the opportunity to report such loss, theft or misuse of the payment instrument free of charge. Only the replacement costs that are directly related to the payment instrument can be invoiced.

In particular, once he has received a payment instrument, the User will take all reasonable measures to keep his personalized security data safe.

If the payment service user is not a consumer, he or she is fully liable for all damages incurred by Tantum as a result of the payment service user's breach of its duty of care, regardless of the type of fault on the part of the payment service user.

2.6.2 Notifications in case of fraud or security risks

In cases of suspected or actual fraud or if there is a security risk, Tantum will inform the user in an appropriate form (via electronic communication channels such as a message to the electronic mailbox) about any blocks imposed and the reasons for this decision, to the extent that this is possible and not against violates other legal provisions and/or court or official orders.

2.6.3 Notification and correction of unauthorized or incorrectly executed payment transactions

The user is obliged to immediately inform Tantum in writing if he becomes aware of an unauthorized or incorrectly executed payment transaction that gives rise to a claim - including a claim under Sections B 2.6.7, 2.6.9 and 2.6.10 The payment service users must make this report immediately after becoming aware of such an event, but no later than 13 months after the day of the debit.

For users who are not consumers, a period of 30 days after the debit date applies.

Tantum encourages its customers to keep their account details, PIN and password secure and to notify Tantum immediately if they suspect any unauthorized or fraudulent use of their account or card. Tantum also advises its users to enable notifications and biometric authentication for their account and block their card if they lose it or do not recognize a payment

2.6.4 Evidence for authentication and execution of payment transactions

If a user denies having authorized an executed payment transaction or claims that the payment transaction was not carried out correctly, it is Tantum's responsibility to prove that the payment transaction was authenticated, correctly recorded and accounted for and was not caused by technical problems beyond those provided by Tantum affect the payment service.

If a user denies having authorized an executed payment transaction, if a payment transaction was initiated by a payment initiation service provider, Tantum must provide records of the use of a payment instrument and, if necessary, other evidence to prove that either the payment transaction was authorized by the user or that the user acted with fraudulent intent or one or more of the actions provided to him in accordance with Section B 2.6.1.

2.6.5 Tantum's liability for unauthorized payment transactions

If a user has not authorized a payment transaction, Tantum will refund the user the amount of the unauthorized payment transaction immediately, but no later than the end of the following business day. This period begins at the time when Tantum has detected or been informed of the payment transaction.

Tantum will restore the debited payment account to the level it would have been in without the unauthorized payment transaction. Tantum will ensure that the credit is credited to the user's payment account no later than the day on which the amount is debited.

There is no obligation to reimburse in accordance with Section B 2.6.5 (1) if Tantum has reason to believe that a fraudulent scenario is involved.

2.6.6 User liability for unauthorized payment transactions

In derogation from Section B 2.6.5, the User bears the losses associated with unauthorized payment transactions up to a maximum of 50 Swiss francs / euro equivalent, which arise, for example, from the use of a lost or stolen payment instrument or from the improper use of a payment instrument .

The User cannot be held liable if the loss, theft or misappropriation of the payment instrument was not apparent to the User before a payment was made, unless the User acted fraudulently; or the loss of the payment instrument was caused by the acts or omissions of an employee, agent or branch of Tantum or a company to which the activities were outsourced.

The User bears all losses related to unauthorized payment transactions if they are caused by fraudulent actions by the User or by failure to comply with one or more of the requirements set out in Section B 2.6.1. The obligations mentioned above arose intentionally or through gross negligence. In these cases, the maximum amount specified in Section B 2.6.6 (1) does not apply.

The User will not bear any negative financial consequences in the event of loss, theft, misuse or unauthorized use of a payment instrument if he has immediately reported the incident to Tantum or to the body designated by Tantum, unless the User has fraudulent intent traded.

If Tantum does not provide for appropriate procedures in accordance with Article 78 paragraph 1 letters c and e ZDG allowing payment service users to submit notifications within the meaning of Article 77 letter c ZDG, the user shall not be liable for the financial consequences arising from the use of this payment instrument unless the user acted fraudulently.

2.6.7 Errors that occur when executing a user-initiated payment instruction

If a payment order is initiated directly by the user, Tantum is liable to the user for the proper execution of the payment transaction, without prejudice to paragraphs 2.6.3, 2.6.11 (4) and 2.7, unless Tantum instructs the payer and, if applicable, the bank or other party The payment service provider of the payee ensures that the bank or the other payment service provider of the payee pays the amount of the payment transaction in a timely manner in accordance with Section B 2.2. In this case, the payee's bank or another payment service provider is liable to the payee for the proper execution of the payment transaction.

To the extent that Tantum is responsible for the incorrect execution, Tantum will immediately refund the amount of the non-executed or incorrectly executed payment transaction and restore the user's debited payment account to the level it would have been in without the incorrect payment transaction. The value date of the credit on the user's payment account occurs no later than the day on which the amount was debited.

In the event of a non-executed or incorrectly executed payment transaction in which the payment order was placed by the User, Tantum will - regardless of the liability set out in this provision and upon request - make immediate efforts to trace the payment transaction and inform the User of the result. This is free of charge for the user.

2.6.8 Errors that occur when executing a payment order initiated by the user via a payment initiation service provider

If a payment instruction is triggered by a user via a payment initiation service provider, Tantum will reimburse the user for the amount of the non-executed or incorrect payment transaction and, if necessary, restore the debited payment account to the status it would have had if the incorrect payment transaction had not taken place.

2.6.9 Error executing a payment instruction initiated by the payee

If a payment instruction is triggered by or through the payee, the payee's bank or another payment service provider is liable to the payee, without prejudice to Sections B 2.6.3, 2.6.11 and 2.7:

– for the correct transmission of the payment order to the payer’s Tantum; and
– for the processing of the payment transaction in accordance with its obligations under Section B 2.3.

In the event of a non-executed or incorrectly executed payment transaction for which the payment service provider of the payee is not liable in accordance with Section B 2.6.9 (1), Tantum is liable to the payer. In these cases, Tantum will, if necessary, refund the payer the amount of the non-executed or incorrectly executed payment transaction and restore the debited payment account to the level it would have been in without the incorrectly executed payment transaction. The value date of the credit on the user's payment account occurs no later than the day on which the amount was debited. This obligation does not apply if Tantum proves that the payment service provider of the payee has received the amount of the payment transaction, even if the execution of the payment transaction is slightly delayed.

Tantum is liable to users for all fees and interest for which it is responsible and which the user incurs as a result of non-execution or incorrect, including late, execution of the payment transaction.

2.6.10 Incorrect execution of incoming payments

Tantum ensures that the amount of the payment transaction is available to the user immediately after it has been credited to the Tantum payment account. In the event of a delayed transmission of the payment instruction by the payer's payment service provider or in the event of a delayed processing by Tantum, the value date of the amount on the user's payment account will take place at the latest at the time at which the amount would have been valued had the transaction been carried out properly. In addition, Tantum is liable to the user for the proper processing of the payment transaction in accordance with its legal obligations.

2.6.11 Incorrect unique identifier

If a payment order is executed in accordance with the unique identifier, the payment order is deemed to have been correctly executed with respect to the payee specified by the unique identifier.

Tantum reserves the right to check incoming payments, either based on legal requirements or at its own discretion, whether the unique identifier matches the user's name and address and to reject the payment order if the information does not match. If the payment order is rejected, Tantum is entitled to inform the payer's payment service provider that the information does not match.

Tantum also reserves the right to check outgoing payments for the completeness of the unique identifier, either as required by law or at its sole discretion, and to reject the payment instruction if the unique identifier is not complete.

If the unique identifier provided by the payment service user is incorrect, Tantum will not be liable for the incorrect execution or non-execution of the payment transaction in accordance with sections B 2.6.7, 2.6.9 and 2.6.10. If the payment service user provides data in addition to the data specified in Section B 1.4.2, Tantum is only liable for the execution of payment transactions in accordance with the unique identifier provided by the payment service user.

2.6.12 Recover payments made in error using the incorrect unique identifier

If the User has mistakenly sent a payment order to the wrong unique identifier, Tantum will make all reasonable efforts to recover the funds from the payment transaction. If it is not possible to collect the amount of money, Tantum will, upon written request, provide the user with all information available to it and relevant to the user so that the user can assert a legal claim to the collection of the amount of money. Tantum may charge the user for the costs of collection.

If the User has mistakenly placed a payment order using the incorrect unique identifier, Tantum is not liable for the incorrect execution or non-execution of the payment transaction in accordance with Sections B 2.6.7, 2.6.9 and 2.6.10.

2.6.13 Additional financial compensation

Further claims may arise from legal or special contractual provisions.

2.7 Exclusion of liability

Liability in connection with the authorization and execution of payment transactions is excluded if there are exceptional and unforeseeable circumstances over which the party relying on these circumstances has no influence and the consequences of which could not have been avoided despite all efforts, or if a payment service provider was unable to fulfill its obligations under the ZDG due to special legal obligations.

2.8 Refunds for payment transactions initiated by or through a payee

Users are entitled to a refund from Tantum of the full amount of an authorized payment transaction initiated by or through a payee and already executed, if:

a. the exact amount of the payment transaction was not specified during authorization and

b. the amount of the payment transaction exceeds the amount that the user could reasonably have expected, taking into account his previous spending behavior, the conditions of the framework agreement and the circumstances of the individual case.

At the request of Tantum, the user bears the burden of proof that these requirements are met. The value date of the refund on the user's payment account occurs no later than the day on which the amount was debited.

In the case of direct debits, the user also has an unrestricted right to a refund. Within 10 business days of receipt of a refund request, Tantum will either refund the User the full amount of the payment transaction or provide the Payer with a reason for refusing the refund and indicate the authorities to which the User may contact in accordance with Section B 1.12 if the User the reasons given are not accepted.

When assessing the user's previous spending behavior in accordance with Section B 2.8 (1) if Tantum has used the reference exchange rate agreed with the user in accordance with Article 56 Paragraph 1 Letter b) No. 3 ZDG.

The User has no right to a refund in cases where he has given his consent to the execution of a payment transaction directly to Tantum and the information about the future payment transaction has been provided to the User by Tantum or the payee in an agreed manner at least four weeks before the due date became.

Users must request a refund of the full amount of an authorized payment transaction initiated by or through a payee within eight weeks from the date of debiting their payment account.

If a user purchases something from a merchant that accepts TantumPay, you may be entitled to a refund. Using the TantumPay Chargeback feature, you may be entitled to a refund of the full purchase price of the item plus the original shipping charges you paid, if any. Your request will be sent to the merchant, who can accept or reject the request. If the application is accepted, the merchant will refund the user. If the merchant rejects the request, TantumPay will determine, at its sole discretion, whether your claim qualifies for a chargeback. TantumPay's original decision will be deemed final, but you may appeal the decision to TantumPay if you have new or compelling information that was not available at the time of the original decision or if you believe there was an error in the decision-making process .

IMPORTANT: You may be required to return the item to the retailer or another party specified by us as part of processing your claim.

TantumPays chargeback management can be applied if you have these specific issues with a transaction:

• You did not receive your item from a seller (a so-called “not received item” complaint), or
• You have received an item or service, but the item or service is not what you ordered (a so-called “Significantly Not as Described” claim).

If the merchant provides proof that he has delivered the goods to the user, Tantum may decide in favor of the merchant, even if the user claims not to have received the goods.

3 Validity

These General Terms and Conditions for Payment Services come into force on February 12, 2024.

C. General provisions for electronic payment services (tantumpay)

The Tantum Account and Tantum App provided by Tantum enable Users to access information about their account and issue payment instructions.

These General Terms and Conditions for Electronic Payment Services (TantumPay) supplement and form an integral part of the General Terms and Conditions for the use of the Tantum Services and are therefore also an integral part of the Terms and the definitions used therein, unless otherwise defined in this Section C. In the event of any inconsistency between the General Provisions for Electronic Payment Services and the General Terms and Conditions for the use of the Tantum Services, the former shall prevail.

1 range of services

The Tantum Account via the Tantum App allows Users to access financial data on Authorized Accounts and to place payment orders on these Authorized Accounts via the Internet using special identification data (collectively, “Electronic Payment Services”).

The Tantum account is available in German and/or English and includes the following tools:
– Retrieval of information about the current portfolio;
– Query account transactions;
– Payment instructions via the payment interface;

The Tantum account is generally available 24 hours a day. Tantum cannot provide system support outside of business hours. Tantum reserves the right to change the services offered.

2 Access to electronic payment services

When using the Application via the Internet, access to the electronic payment services is possible for anyone who has been authorized by entering identification data. These identification data are (strong authentication):

a) Username/phone number
b) Password/Pin
c) Two-factor authentication: mobile phone (possession) and PIN (personal knowledge)

Tantum may specify additional identifying information that it accepts.

3 Authority to use

3.1 Scope

The user can access information (read only) and/or place payment orders. Only the person registered and verified for the respective account is authorized to carry out payment transactions.

3.2 Costs

The fees for the use of the services offered by Tantum Konto arise from the current version of the fee schedule in accordance with Appendix 2.

4 Identification

Any person authorized in accordance with Section C 2 shall be deemed authorized by Tantum to use the Electronic Payment Services. Tantum can therefore consider the request or payment order from a person authorized under Section C 2 to be unequivocally authorized by the user. All instructions and orders based on correct identification are deemed to have been given or at least authorized by the user. These instructions and orders are legally binding for the user. The revocation of an administrative power of attorney or a signatory authority results in the immediate withdrawal of the authorization to use the electronic payment services.

5 User’s duty of care

The user must take appropriate measures to prevent and prevent misuse of the TantumPay account. The User must ensure appropriate security and control of all devices, items, IDs, passwords and personal identification numbers/codes used to access the TantumPay Account.

The user may not pass on his account password to third parties. If there is reasonable suspicion that unauthorized third parties have knowledge of the password or if the identification data has been lost, the user must change the password immediately and have the Tantum account blocked. To block the Tantum account, the user must immediately inform Tantum via the Tantum support contact.

The user is liable for all consequences resulting from the use, including improper use, of his identification data.

6 Execution of instructions

In principle, electronic payment services via the Tantum account are available 24 hours a day, every day. However, Tantum cannot guarantee unlimited access to the system. Payment orders are placed using the Tantum account via the Tantum app on a merchant's respective payment screen. The order is placed by filling out the input form and sending the relevant information to Tantum in the Tantum account via the Tantum app. The user is obliged to check the information entered for completeness, accuracy and plausibility. The user bears the risk of failure or chargeback due to an incorrect/incomplete payment instruction.

Payment orders are processed by Tantum within the framework of these conditions. Tantum also reserves the right to reject payment orders without sufficient funds in the Tantum account.

Payment instructions can only be issued by using the electronic payment services via the Tantum account. Messages sent to Tantum may not contain payment instructions. Tantum is not liable for such instructions.

7 Access lock

The user can have access to electronic payment services blocked. Tantum can only be requested to initiate the blocking during normal business hours. To unblock the application, a written request on behalf of the user is required.

Access to the electronic payment services may be blocked at Tantum's discretion if the password has been entered incorrectly several times.

For its part, Tantum is entitled to block the user's access to individual or all electronic payment services at any time without giving reasons and without prior notice if it considers this to be appropriate for objective reasons.

8 Exclusion of liability of Tantum

Tantum is not liable for any loss or damage arising from the use of the infrastructure provided for the electronic payment services. Tantum's liability is particularly excluded for indirect and consequential damages.

Tantum assumes no liability for the accuracy or completeness of data that it transmits or that is sent to it electronically. In particular, the information on accounts is considered provisional and non-binding. With the exception of offers marked as such, the data transmitted does not constitute a binding offer.

Tantum does not guarantee that the electronic payment services via the Tantum account will function error-free with all of the user's programs and software combinations.

The electronic payment services and all other Internet-based services are provided via the open Internet network protocol(s). Tantum excludes liability for any loss or damage arising from the use of the Internet. In particular, Tantum is not liable for any loss or damage suffered by the user due to transmission errors, technical defects, disruptions, unlawful interference with network facilities, overloading of the network, intentional obstruction of electronic access by third parties, disruptions to the Internet, interruptions and other inadequacies on the part of the network operator arise.

Tantum assumes no responsibility for the user's device.

Tantum is not liable for the consequences of disruptions and interruptions in the operation of the electronic payment services (e.g. due to technical system failures or illegal interventions in the system).

If security risks are identified, Tantum reserves the right to interrupt the electronic payment services at any time to protect the user until the risks are eliminated. Tantum will not be liable for any loss or damage of any kind that may arise as a result of such interruptions.

Tantum is not liable for damages incurred by the user due to non-compliance with contractual obligations, as well as for indirect and consequential damages, such as lost opportunities to win or claims from third parties.

Unless there is intent or gross negligence on the part of Tantum, the user releases Tantum and its employees from any liability for loss or damage that they cause in the performance of their activities.

Users are liable for damage caused by improper and/or unlawful use of the electronic payment services.

9 Confidentiality Obligations

Tantum is also subject to statutory confidentiality obligations under the ZDG with regard to its online services. It is therefore obliged to maintain strict confidentiality about all matters relating to the contractual relationship with the user, even if the contractual relationship with the user has ended.

The user acknowledges that when using electronic payment services, the customer data is transported encrypted over a public network (Internet) in accordance with the state of the art. Although the individual data packets are sent encrypted, the sender and recipient remain unencrypted. This information can also be viewed by third parties. This makes it possible for third parties to draw conclusions about an existing agreement.

The Liechtenstein statutory confidentiality obligations according to the ZDG only apply to data in the Principality of Liechtenstein. The user acknowledges that data transmission via the Internet is uncontrollable, public and cross-border, even if the user is resident in the Principality of Liechtenstein. Although data transmission via electronic payment services is encrypted using state-of-the-art technology, Tantum cannot guarantee that confidentiality obligations will be adhered to in every case.

10 Security

Although Tantum has taken the best possible precautions to ensure the highest standards of security, neither Tantum nor the user can guarantee absolute security. Although the user's device is part of the system, it is beyond Tantum's control and can become a weak point in the system. Tantum cannot therefore assume any responsibility for the user's device in particular.

The user expressly accepts that the use of the Internet and/or an electronic device may involve increased risks.

11 Risks related to foreign legislation

The user acknowledges that the use of electronic payment services from abroad may potentially violate foreign legal regulations. In particular, there may be import and export restrictions for the encryption algorithms that can be violated when using these applications (outside Liechtenstein and the EEA). The user is obliged to inform himself about this; The user bears the associated risks. Tantum excludes any liability for violations of foreign law (outside Liechtenstein and the EEA) as well as import and export conditions for encryption algorithms when the user uses the electronic payment services.

12 Cancellation or Termination of Electronic Payment Services

In the event of a violation of the conditions, Tantum reserves the right to block the user's access to the electronic payment services or other services with immediate effect. The user can declare at any time that he will no longer use the electronic payment services. By closing a user's Tantum account, Tantum revokes the right to use the electronic payment services in whole or in part. Closing the Tantum account will result in the partial or complete termination of the Electronic Payment Services.

13 Subject to legal regulations

Existing or future legal provisions that regulate the operation or use of the Internet and/or the execution of services via the Internet remain reserved and will also apply to these electronic payment services from the time they come into force.

D. General provisions regarding the issuance and redemption of electronic money

1 definitions

These General Provisions for the Issuance and Redemption of Electronic Money supplement the General Terms and Conditions for the use of the Tantum Services and form an integral part of the Terms and the definitions used therein, unless otherwise defined in this Section D. In the event of any inconsistency between the General Provisions for the Issuance and Redemption of Electronic Money and the General Terms and Conditions for the Use of the Tantum Services, the former shall prevail.

2 Deposit of funds and issuance of electronic money

All monetary assets held in the Tantum Account are considered Electronic Money issued by Tantum after the User transfers funds (Accepted Assets) to the Tantum Account. After the User makes a deposit or transfers money to the Tantum Account and after Tantum receives the money, Tantum credits it to the Tantum Account and at the same time issues Electronic Money in the nominal value of the amount of money received. The electronic money is credited and held in the Tantum account for the benefit of the user.

The specific method of depositing or transferring funds is selected by the User in the Tantum Account or Tantum App by selecting a specific function that contains instructions for depositing funds into the Tantum Account.

The electronic money held in the Tantum account is not a deposit within the meaning of a deposit business reserved to banking institutions under the Liechtenstein Banking Act and Tantum does not under any circumstances pay interest on the electronic money held in the user's account nor does Tantum provide any other benefits in connection therewith the period during which the electronic money is stored.

The sender's bank account or other payment method for depositing funds into the Tantum Account must be held by the same user/in the same name of the user who owns the Tantum Account receiving the deposit.

3 Withdrawal of funds / e-money

Electronic money held in the account will be redeemed at the user's request at any time at the face value of the amount of money received, unless Tantum and the user have agreed otherwise.

If Electronic Money is to be returned before the expiration of these Terms, the User may request the return of part or all of the monetary value of the Electronic Money.

The User submits a request for redemption of electronic money by creating a payment order for the transfer of electronic money from the Tantum Account to another account specified by the User, not operated by Tantum.

Repayment of e-money is only permitted to the original payment method of the deposit or a verified bank account in the user's name. For AML and due diligence reasons, it is prohibited to return funds to another payment method or a third party bank account.

4 Fees for depositing funds and withdrawing funds

There are no special conditions for depositing or withdrawing electronic money that would differ from the standard conditions for transfers and other payment transactions on the User's account. The amount of electronic money deposited, redeemed or transferred is chosen by the user.

In the event of depositing or withdrawing Electronic Money, the User will pay the usual fee for a transfer or withdrawal, which depends on the method of transfer or withdrawal of Electronic Money chosen by the User, as described in Appendix 2.

These fees are set out in Tantum's Fee Schedule in Appendix 2, where applicable.

5 Termination and deletion of the Tantum account

Provided that the User terminates these Terms and submits a request to close their account and delete their Tantum account from the Tantum system, or that Tantum terminates the provision of Tantum services to the User and the Tantum account of the user from the Tantum system in the cases specified in these conditions, the electronic money in the Tantum account will be transferred to the original means of payment from the depository or a verified bank account in the name of the user. Tantum has the right to deduct from the redeemed amount the amounts of fees and costs incurred by Tantum for the services provided by it (prices for the services provided by Tantum and costs not paid by the user, including but not limited to for damages and late payment interest incurred by Tantum as a result of a breach of these Terms and Conditions committed by the User and imposed by financial institutions and (or) other competent authorities of the State. In the event of a dispute between Tantum and the User, Tantum has the right to withhold the disputed money or to deposit the disputed money with the Liechtenstein courts until the legal dispute is resolved.

If Tantum is unable to pay out the money to the user for reasons for which Tantum is not responsible (e.g. because another account specified by the user to which the money should be transferred is closed, technical problems occur with the payment service provider, the user shall be liable has another account, etc.), the user will be informed immediately. The user is obliged to immediately specify another account or provide additional information necessary to redeem the money.

6 limits

All limits on depositing funds, balance and repayment are set out in the Tantum Limits in Appendix 3, where applicable.

E. General provisions for identification verification (TantumIdent)

1 General provisions and definitions

These General Provisions for the Issuance of an Identification Verification (TantumIdent) supplement and form an integral part of the General Terms and Conditions for the use of the Tantum Services and are therefore also an integral part of the Conditions and the definitions used therein, unless otherwise defined in this Section E. In the event of any inconsistency between the General Terms and Conditions for the Issuance of Identification Verification (TantumIdent) and the General Terms and Conditions for the Use of the Tantum Services, the former shall prevail.

Tantum offers the identification verification of natural persons and the confirmation of identification characteristics of natural persons for legal entities.

TantumIdent is a process that can be used for personal identification via a mobile and web application, within the Tantum app and web, with integrated video and photo functions.

2 Subject of the TantumIdent procedure

The TantumIdent procedure is used to register the Tantum account.

The identity of a user can be confirmed to a merchant affiliated with Tantum, such as a bank, an insurance company or a signature provider, via the Tantum account. Such an acceptance partner is a merchant verified by Tantum who also uses Tantum’s identification service.

Tantum acts as an independent service provider for the provision of identification services.

In the TantumIdent process, the data resulting from personal identification is stored by Tantum for documentation and verification purposes, for reuse via the TantumIdent account and to detect subsequent identity theft.

As soon as the authenticity of the identified and checked identification features has been established, Tantum will inform the respective acceptance partner of the authenticity upon request, provided the user has previously agreed.

Only one reference marker is securely transmitted electronically. The partner can request features via the API.

Tantum may outsource or delegate any process/step/task related to TantumIdent to third parties.

3 Requirements and obligations of the user for TantumIdent

The requirements and obligations of a user regarding the use of TantumIdent are as follows:

● The user must have the latest version of the Tantum app installed on their device or use the web solution with a current browser;
● The compatible device must be equipped with a camera;
● The end device must have an active Internet connection;
● It is the user's responsibility to ensure that their device has the appropriate features to be able to use the Tantum app or web solution and go through the identification process;
● The provision of the identification service also requires the user's prior registration and/or login on the Tantum app or web solution;
● Only one registration is permitted per user;
● When registering, the user fills out all the required information within the Tantum app or web solution. Tantum can request further information. In the Tantum account, the user has the opportunity to check their details and correct any input errors;
● It is the user's duty to keep all information up to date. The identification process is required for user registration;
● Each Tantum account is assigned an individual identification number;
● The use and access to the Tantum account (and thus the protocols of the personal identifications created) can be done using a PIN, Touch ID or Face ID on the user's device;
● Tantum is entitled to block the Tantum account if the user culpably and seriously violates the provisions of these General Terms and Conditions or legal regulations until the matter has been clarified. In these cases, Tantum also has an extraordinary right of termination. Tantum reserves the right to file criminal charges in the event of criminal violations by a user;
● The user receives an SMS from Tantum with a verification code to link the Tantum account to the user's device. The user must enter this verification code within the Tantum app or web solution;
● The user is obliged to keep the data provided to him by Tantum (e.g. transaction number and TAN) as well as any transaction number transmitted to him secret and to protect it from use by unauthorized third parties, especially minors. The user is prohibited from disclosing the data and transaction number and from passing on the user account to third parties. The user is obliged to inform Tantum immediately if he suspects unauthorized use of his data or the transaction number or user assignment data. The user releases Tantum from all claims asserted by third parties against Tantum due to the unauthorized use of the user's access data or transaction number, unless the user is not responsible for the unauthorized use by third parties.

4 TantumIdent

The TantumIdent process (identification and verification of age) is part of the creation of a user's Tantum account. The identification is carried out by PXL Vision AG (8008 Zurich; Swiss commercial register number: CH-020.3.044.369-2) on behalf of Tantum as follows:

Identification procedure:

– To carry out the identification process, image and sound recordings are first made of the person to be identified (user) and the identification document they use;
– This is done via the video and photo function of the user’s device (“self-service process”);
– The result of the verification procedure is communicated to the user;
– Verification is always carried out within the Tantum app on behalf of Tantum;
– The user data collected as part of the verification process is transmitted to Tantum AG to create the user’s Tantum account.
– The data protection regulations of PXL Vision AG must be accepted within the Tantum app. The data protection regulations can be viewed at the following link: https://pxl-vision.com/daego-privacy-policy/
– Tantum stores the user data collected as part of the identification service in a user profile. The user data stored there may be used for future identity and/or age confirmation.

Procedures for verifying and confirming identity or age:

– Identity and age verification can only be carried out by verified contractual partners of Tantum;
– For the purpose of identification and age verification, Tantum collects the information and personal data of the User that are appropriate and necessary under the relevant laws to verify the identity and/or age of the User;
– The identity or age of the respective user is only confirmed by Tantum to an acceptance partner through reference markers; no personal data of the user is transmitted. The TantumIdent process ensures that the user data and information collected is suitable for confirming the identity and/or age of the user and that all other information, copies and documents are required in individual cases due to the requirements of the respective partner or due to legal regulations required for identification or age verification must be present in full;
– In order to ensure legally compliant use, a so-called “reference marker” is transmitted. Identity data will only be transmitted to acceptance partners or third parties based on legal requirements or as part of legal proceedings;
– The confirmation of identity and/or age by Tantum to an acceptance partner must be initiated or agreed to by the user within the Tantum app;
– Tantum’s contractual service regarding TantumIdent consists of the identification service as well as the verification and confirmation of the user’s identity and/or age to an acceptance partner.

5 Right of withdrawal

The user has no right of withdrawal for contracts for services whose execution to consumers - as in this specific case - is agreed to begin within 14 days of the conclusion of the contract. With the user's consent, Tantum will begin providing the service immediately after the user accepts Tantum's offer. The user expressly agrees to this, knowing that this means that any right of withdrawal no longer applies.

In any case, when Tantum has begun to fulfill its contractual obligations in accordance with these Conditions, the User must pay the amount corresponding to the services provided.

6 Liability

In no event will Tantum be liable to you or any other person for any loss, liability, damage or cost arising out of or in connection with this website:

a. a partner's refusal to use your Tantum Account or the Tantum App, the refusal to authorize age verification, or a partner's acceptance or redemption of an age verification for any reason;

b. Malfunctions, defects or failures of terminal equipment used to process identification and identity verification and age confirmation or to facilitate use of the Tantum App or Tantum Account, or other machines or authorization systems, whether owned by persons other than Tantum or operated by them, or the inability of a terminal, machine or system to transmit, process or store data accurately, correctly or in a timely manner;

c. Failures, malfunctions or interruptions in the operation of the respective software systems in connection with TantumIdent due to the occurrence of forks, hacks, attacks, cyber attacks, distributed denials of service, bugs, vulnerabilities, defects, errors in programming or source code or otherwise, regardless of whether when such failure, malfunction, breakdown or interruption occurs;

d. any person's access to or use of an external application or account;

e. any harm to your credit, character or reputation in connection with your use of the Tantum App or the Tantum Account in relation to TantumIdent;

f. Your failure to comply with instructions provided to you using the Tantum App or Tantum Account relating to TantumIdent;

In any event, Tantum will not be liable to you or any other person for any loss, liability, damage or expense caused by Tantum's ordinary negligence.

7 Availability of the identification service

Tantum strives to provide the identification service without interruption. However, Tantum cannot accept any liability for the constant availability of the identification service. The availability of the identification service may be limited for a short period of time, in particular, if this is necessary with regard to the security or integrity of the servers or to carry out technical repair or maintenance work.

F. Appendix 1

List of accepted assets

Please note that the list of accepted assets may be changed from time to time by Tantum in its sole and absolute discretion and that Tantum will provide you with reasonable notice (in writing or other form or manner) of any such change in advance .

Current version of accepted assets:
- EURO

G. Appendix 2

Fee regulation

You agree that we may deduct our fees from the amounts we transfer before those amounts are credited to your TantumPay account. When you send or receive a payment, fees apply depending on:
• The type of transaction to which the payment relates
In addition to transaction-related fees, we reserve the right to charge an inactivity fee for inactive accounts. This inactivity fee will be deducted directly from your TantumPay account balance if there is no transaction activity for a period of twelve (12) consecutive months.

We will provide you with the details of the amounts you receive and our fees in your transaction history (which you can access by logging into your TantumPay account). Unless it is proven that we have made an error, all fees will be payable by you without set-off or other deductions. We may charge a fee for any additional services we provide outside of this Agreement. We will inform you of these charges when you use the Service.

1. Users
1.1 Setup Fee
Definition: The cost of creating an account through the TantumPay App, including but not limited to identifying identity within the application.

Task
Set up a TantumPay account for free

1.2 Annual fixed fee
Definition: The annual cost of maintaining an account with TantumPay

Task
Maintaining a TantumPay account is free

1.3 Age control
Definition: The one-time confirmation of the authenticity of the user, as well as the confirmation of the age, to a merchant

Task
Age confirmation free

1.4 Age Authentication
Definition: Reconfirmation of the age of an already identified user to the VU upon repeated access.
Task
Age confirmation free

1.5 Transaction fees for – purchasing TantumPay credit (e-money)
Definition: The transaction fee for uploading TantumPay balance using different payment methods.

Activity fee
Purchase of TantumPay credit processing fee of 1 % of the transferred amount, but at least 0.50 euros.

1.6 Service fees for – withdrawal of TantumPay credit
Definition: The service fee for withdrawing TantumPay balance.

Activity fee
Withdrawal of TantumPay credit processing fee of 1 % of the transferred amount, but at least 0.50 euros.

1.7 Transaction fee for – payment from the user account to the merchant

Definition: The transaction fee for a payment made from a user account to a merchant.

Activity fee
Payment from the user to the merchant Free

1.8 Inactivity Fee

Definition: A monthly fee charged to Tantum Accounts that have not made a transaction for twelve (12) consecutive months and have a positive available balance.

Activity fee
Payment from the user to the merchant 8.00 euros per month, starting from the thirteenth (13th) month of inactivity.

This fee will be deducted from the available balance of the account each month until the balance is depleted. Accounts can avoid this fee by completing at least one transaction within a twelve (12) month period. Detailed instructions on how to reactivate a dormant account and stop the inactivity fee are provided via email or directly in the Tantum application.

Tantum reserves the right to update the Fees from time to time upon two months' notice. The fees listed in this document may not reflect the most recent fee update. The current list of fees can be found at https://tantumpay.com/pricing

H. Appendix 3

Account Limits

You can access a current version of the account limits at any time at the following link: https://tantumpay.com/refunds

I. Appendix 4

Tantum AG
Highway 114
9495 Triesen
Principality of Liechtenstein
Email: info@tantumpay.com

Tantum conditions – cancellation form

I,

(First name)
(Last name)
(Birth date)
(Address)

I hereby declare my wish to withdraw from the contractual relationship concluded with Tantum (Tantum account) on (date).

Place, date:
Signature: