NAKA Pay Application
Terms & Conditions of NAKA App
These terms and conditions by NAKA GLOBAL, AI technologies development, Ltd., Letališka cesta 33f, 1000 Ljubljana, Republic of Slovenia (hereinafter: “Service Provider”) set forth the legal framework applicable to the NAKA Payment application (hereinafter: “NAKA Pay”).
NAKA Pay is owned and operated by the Service Provider. By using NAKA Pay, you confirm that you have read these terms and conditions, and you agree to be bound by them. If you do not agree with them, you may not use NAKA Pay.
If you are a natural person, you are only allowed to use the NAKA Pay if you are older than 16 years.
By accessing and using the NAKA Pay you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain based systems, and that you have a working knowledge of the usage and intricacies of Crypto assets.
The Service Provider reserves the right to change or modify these terms and conditions at any time and upon sole discretion. In such cases, the Service Provider will use reasonable efforts to provide notice of changes, such as by providing notice on the NAKA Pay or by updating the “Version” of these terms and conditions. By continuing to access or use NAKA Pay you confirm your acceptance of these terms and conditions. It is your sole responsibility to review them from time to time to view any changes and to ensure that you understand what terms and conditions apply when you access or use NAKA Pay.
Definitions
“Acquirer” is a legal entity or sole entrepreneur that acts as an intermediary between the Merchants and NAKA. It establishes a contractual relationship with the Merchants, provides them NAKA payment technology, exchanges crypto Assets for other crypto Assets or Fiat, and settles Merchants.
“Blockchain Node” is a device or a process that is part of a Blockchain and holds a complete or partial replica of records of all transactions on a Blockchain.
“Blockchain” is an information repository that keeps records of transactions and that is shared across, and synchronized between, a set of network nodes using a Consensus Mechanism.
“Card Holder” refers to any natural or legal person using NAKA Pay.
“Consensus Mechanism” are rules and procedures by which an agreement is reached, among Blockchain Nodes, that a transaction is validated.
“Crypto Asset” means a digital representation of a value or of a right that can be transferred and stored electronically using blockchain.
“Fiat” is a government-issued currency that is not backed by a physical commodity but by the government that issued it.
“Gas” is a fee required to successfully conduct a transaction on Blockchain or execute a Smart Contract. It is paid to the Blockchain Nodes for ensuring the confirmation of Crypto Assets transactions. It is set by the Blockchain and fluctuates based on network traffic and transaction complexity.
“POL” is Polygon Blockchain native Crypto Asset. More information on POL is available on the following link: https://polygon.technology/pol-token.
“Merchant Agreement” is a contract between a Merchant and an Acquirer containing their respective rights, duties, and obligations for participation in NAKA.
“Merchant” is a legal entity or a sole entrepreneur who concludes the Merchant Agreement with the Acquirer to be included in the NAKA.
“NAKA Card” is a self-custodial card of Card Holders which is used to pay for goods and services with Crypto Assets at the Merchants in NAKA.
“NAKA Pay” is a self-custodial wallet, where Card Holder takes custody of its own Private Key.
“Naka” is a Blockchain-based payment network compatible with EMV and PCI DSS to facilitate transactions and settlements between Card Holders and Merchants through the utilization of Smart Contracts.
“PIN” is a personal identification number required to be entered to access NAKA Pay and complete transactions with NAKA Card.
“Polygon” is a “layer 2” Blockchain which enables faster Blockchain transactions and low transaction fees. More information on Polygon is available on the following link: https://polygon.technology/.
“Private key” is a unique code that allows access to and management of Crypto Assets to the Card Holder.
“Sanctions List” means: 1) SDN List, Non-SND List, FSE List, SSI List, NS-PLC List, CAPTA List, NS-MBS List and NS-CMIC list, published by the Office of Foreign Assets Control of the U.S. Department of the Treasury; 2) Consolidated list of persons, groups and entities subject to EU financial sanctions, published by the European Commission; 3) United Nations Security Council Consolidated List and 4) Consolidated list of financial sanctions targets, published by the Office of Financial Sanctions Implementation, part of HM Treasury.
“Seed Phrase” is a sequence of 12 random words that provide the information required to recover a lost or damaged NAKA Pay.
“Smart Contract” is a software program stored on a Blockchain, which will execute itself when a set of predetermined conditions are met and is meant to implement automated transactions between Card Holders and Merchants. The Administrator is not an owner, custodian, or in control of Smart Contracts, used within NAKA.
“USDt” is the ticker for the Tether Crypto Asset which is backed by the United States of America dollar (USD). More information on USDt is available on the following link: https://tether.to/.
Accessing & Using the NAKA App
NAKA Pay is available on Google Play and Apple Store. To use the NAKA Pay Card Holder must download the NAKA Pay to its electronic device and create a new wallet or add an existing one.
Creating a New Wallet
Upon commencing the use of the NAKA Pay, the Card Holder must set a 4-digit passcode. This passcode serves as a fundamental security measure, granting access to the NAKA Pay and preventing unauthorized entry. Setting the NAKA Pay passcode initiates the creation of a Smart Contract, enabling the Card Holder to utilize the functionalities of the NAKA Pay. Following passcode setup, the Card Holder is presented with three options for backing up their NAKA Pay Seed Phrase: manual backup, iCloud backup, or Google Drive backup. Opting for Google Drive backup necessitates the creation of a master password. This master password is essential for decrypting the Seed Phrase stored on Google Drive, ensuring its security. Alternatively, selecting iCloud backup automatically encrypts the Seed Phrase, enhancing its security. The Service Provider does not retain any copies of the passcode, Seed Phrase, or master password. Consequently, in the event of their loss, the Service Provider cannot facilitate recovery.
Following this, the Card Holder is directed back to the NAKA Pay home screen, where it is required to establish a connection between its NAKA Card and the deployed Smart Contract. This connection is facilitated by scanning the QR code located on the NAKA Card. To initiate this process, the Card Holder must click on the “Let's Scan” option on the NAKA Pay home screen, which activates the electronic device's camera. If the QR code scan is successful, the Card Holder will be prompted to set a 4-digit PIN for its NAKA Card. This PIN serves as the key to unlocking deposits to the NAKA Pay and executing transactions with the NAKA Card. However, if the NAKA Card is already linked with another Smart Contract, the attempt to establish a connection is rejected. In such cases, the Card Holder is presented with two options: “Re-Scan QR Code” (this option allows the Card Holder to attempt scanning the QR code again by activating the electronic device's camera) or “Do It Later” (choosing this option redirects the Card Holder back to the home screen, deferring the connection establishment process for a later time).
Add an Existing Wallet
The Card Holder initiates this process by selecting the method for importing the Seed Phrase. Three options are available: manual import, iCloud import, or Google Drive import. If the Card Holder opts for manual import, it must enter the Seed Phrase manually into the designated fields. Alternatively, if the Card Holder chooses to import the Seed Phrase from iCloud or Google Drive, it will be prompted to input the master password to decrypt the Seed Phrase stored on Google Drive. Seed Phrase on iCloud will be decrypted automatically. Upon successful decryption, the Card Holder is required to set a 4-digit passcode. This passcode serves as a fundamental security measure, granting access to the NAKA Pay and preventing unauthorized entry. By completing these steps, the Card Holder successfully imports the NAKA Pay, gaining access to its functionalities.
The Card Holder is then redirected to the NAKA Pay home screen where it has the following features of the NAKA Card available:
a) Payment Card Settings:
Change PIN: Card Holder has the option to change PIN associated with its NAKA Card.
Daily spending limit: Card Holder can set an overall daily spending limit from 10,00 USDt to 999,99 USDt. The default daily spending limit is set to 999,99 USDt.
Single transaction limit: Card Holder can set a single transaction limit from 10,00 USDt to 999,99 USDt. The default single transaction limit is set to 500,00 USDt.
Block: If a Card Holder loses or breaks its NAKA Card, or the latter is stolen from the Card Holder, it can block such a NAKA card by selecting the block feature. By doing this it is unable to unblock the NAKA Card and must obtain a new NAKA Card to be used with the existing Smart Contract. In such cases, the Card Holder has an option to “Request new card” on the NAKA Pay home screen to order a new NAKA Card. In such cases Card Holder must undergo the same linking procedure as described above.
Freeze: Card Holder can temporarily disable its NAKA Card with this feature for a period of its own choosing.
Show card details: this functionality shows Card Holder its NAKA Card number and date of its validity.
b) Top-up NAKA Card:
The Card Holder can transfer its Crypto Assets, stored with third-party service providers (e.g., Binance, MetaMask, Ledger) to the Smart Contract linked to its NAKA Card. By selecting “Top-up” within the NAKA Pay interface, the Card Holder gains access to the information about the currency (USDt), network (Polygon), Blockchain deposit address, and a QR code containing the Blockchain deposit address. The Card Holder also has the option to share the Blockchain deposit address via various messaging methods supported on its electronic device (e.g., email and messaging applications). The Card Holder will have to pay Gas on the Polygon with POL, as well as any associated fees from the third-party service provider, to facilitate the transfer of Crypto Assets to the Smart Contract. Upon completion of payments and Blockchain confirmations, the transferred Crypto Assets will be deposited into the Smart Contract, and the corresponding amount balance will be updated on the NAKA Pay home screen. There are no restrictions on the number of top-ups or the amount of USDt that can be sent to the Smart Contract associated with the Card Holder's NAKA Card.
c) Withdrawal of Crypto Assets:
Card Holder can withdraw USDt from the Smart Contract which is connected to its NAKA Card. Upon selecting the “Withdraw” option within the NAKA Pay interface, the Card Holder is prompted to enter the desired withdrawal amount. Following this input, the Card Holder is notified that the withdrawal amount will be reserved for a duration of 1 hour before becoming eligible for withdrawal. Subsequently, the Card Holder is prompted to enter the Blockchain withdrawal address, with a reminder to ensure that the provided address can accept USDt on the Polygon. During the 1-hour reservation period, the Card Holder maintains the option to cancel the withdrawal request by selecting “Cancel Withdraw”. However, once the 1-hour period elapses, the Card Holder must confirm the withdrawal by clicking on “Complete Withdraw”. Only one withdrawal request can be initiated within a single hour, and the Card Holder is unable to make multiple withdrawal requests simultaneously.
d) NAKA Locations:
Card Holder is shown and can also search through the locations of Merchants that accept NAKA Cards as a type of payment.
e) Transaction history:
Card Holder is shown the following transaction details: amount in Fiat, amount in USDt, Acquirer’s exchange rate between Fiat and USDt, date and time, Merchant’s name, point-of-sale, and address.
Limitations, Restrictions & Prohibited Uses
NAKA Pay is purely self-custodial, meaning that the Service Provider does not have any custody, possession, or control of the Card Holder’s Crypto Assets or Private keys of the Card Holder’s NAKA Pay at any time. NAKA Pay is only software used for the Smart Contract deployment, establishing a connection between the Card Holder’s NAKA Card and the deployed Smart Contract, and NAKA Card management.
The Card Holder is solely responsible for keeping its NAKA Pay secure and should never share NAKA Pay Private key or Seed Phrase with anyone. The Service Provider is not liable for any acts or omissions by the Card Holder that compromise or could compromise the NAKA Pay.
By accessing and using NAKA Pay the Card Holder represents and warrants that it is not a prohibited person, which is:
- based in -, being a citizen of - or incorporated in the United States of America, United Kingdom, Democratic People’s Republic of Korea (North Korea), Iran, Syria, Crimea, and the self-proclaimed Donetsk People’s Republic, Luhansk People’s Republic, Kherson People's Republic, and Zaporizhzhia People's Republic,
- listed in any Sanctions List,
- directly or indirectly owned 50 percent or more by any natural or legal person or group of persons in the aggregate that is included in any Sanctions List or based in -, being a citizen of - or incorporated in a jurisdiction from the point a) of this subsection,
- a government or a government official of a jurisdiction with a high risk for money laundering and terrorism financing or a jurisdiction from the point a) of this subsection,
- prohibited by a decision of a public authority to participate in or conduct services performed by the Service Provider.
The Card Holder agrees that it will not violate any laws, contracts, or intellectual property, and is solely responsible for its own actions by using NAKA Pay. The Card Holder explicitly agrees that it will not:
- claim a NAKA Pay name or its content for the purpose of reselling it, confusing others, and deriving others’ goodwill,
- use such software, protocol, code, script, or similar, that could damage, disable, overburden, or impair the functioning of the NAKA Pay in any manner, extract data, or otherwise interfere with or modify the rendering of the NAKA Pay or its functionality,
- use the NAKA Pay for commercial purposes inconsistent with these terms and conditions,
- reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the NAKA Pay, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the NAKA Pay,
- sell or resell the service of the NAKA Pay,
- use the NAKA Pay directly or indirectly, for or in connection with money laundering, terrorist financing, or other illicit financial or criminal activity, or in any way in connection with the violation of any law or regulation that applies to the Card Holder or Service Provider,
- use the NAKA Pay with the proceeds of unlawful activity,
- infringe or violate the intellectual property rights or any other rights of the Service Provider,
- use the NAKA Pay directly or indirectly, for, on behalf of, for the benefit of, or in connection with prohibited persons, defined above,
- use the NAKA Pay in any manner that could interfere with, disrupt, negatively affect, or inhibit other Card Holders from fully enjoying the NAKA Pay.
By agreeing to these terms and conditions the Card Holder agrees to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless the Service Provider, and its respective past, present, and future employees, officers, directors, contractors, consultants, shareholders, service providers, subsidiaries, affiliates, agents, representatives, predecessors and successors, from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interests, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, that are caused by, arise out of or are related to the Card Holder’s (a) use or misuse of the NAKA Pay, (b) violation or breach of any of these terms and conditions or applicable law, and (c) violation of the rights of or obligations to a third party, including another user or third party, and (d) negligence or willful misconduct. The Card Holder agrees to promptly notify the Service Provider of any claims and cooperate with the Service Provider in defending them.
Access and use of the NAKA Pay may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, repair, preventing potential violations of these terms and conditions, or other actions that the Service Provider, in its sole discretion, may elect to take.
Limitations of the Service Provider's Liability
The Service Provider is not an owner, custodian, or in control of the Blockchain networks. The Service Provider is not responsible for and makes no guarantees regarding Blockchain networks environment operation and functionality. The Service Provider also does not control certain Smart Contracts that may be integral to the Card Holder’s ability to complete transactions with NAKA Card. Since transactions conducted on the NAKA Pay are directly linked to the Blockchain, they are irreversible, and the Service Provider has no ability to reverse them on the Blockchain.
NAKA Pay provided by the Service Provider is only a digital infrastructure for Smart Contract deployment, establishing a connection between its NAKA Card and the deployed Smart Contract, and NAKA Card management. Consequently, the Service Provider is not an owner, custodian, or in control of Smart Contract, generated by the Card Holder via NAKA Pay, and Crypto Assets on such a Smart Contract. The latter is solely owned by the Card Holder who created it. The Card Holder is also the only one who possesses the Private key used to interact with such a Smart Contract.
The Service Provider takes no action and does not participate in any way in the payment process conducted with the Card Holder’s NAKA Card. For the latter, the Service Provider only supplies the Card Holder with an interface to manage its own NAKA Card and Smart Contract connected with it. Since the Smart Contract is activated and controlled solely upon Card Holder’s action with the NAKA Card (i.e., when the Card Holder taps its NAKA Card to the Merchant’s point-of-sale device) or via NAKA Pay (top-up, withdrawal and setting up limits), the Service Provider cannot limit or block any Card Holder’s actions in relation to the Smart Contract.
The Card Holder understands that by providing NAKA Pay the Service Provider is not: operating a trading platform of Crypto Assets, exchanging Crypto Assets for Fiat or other Crypto Assets, and placing and issuing Crypto Assets. Since transactions with the Smart Contract connected to the NAKA Card and NAKA Pay are performed by the Card Holder itself, the Service Provider is also not an owner nor custodial of the Smart Contract, NAKA Card, and the Card Holder’s Digital wallet. The Service Provider is also not executing any order on behalf of the Card Holder, and providing custody, administration or transfer services of Card Holder’s Crypto Assets, advice on Card Holder’s Crypto Assets and portfolio management of Card Holder’s Crypto Assets.
Access to and use of the NAKA Pay is at the Card Holder’s own risk. NAKA Pay is provided on an “as is” and “as available” basis and the Service Provider makes no warranty or representation and disclaims all responsibility for whether the NAKA Pay will meet Card Holder’s requirements.
Prices of Crypto Assets are subject to volatility and fluctuations. The Card Holder acknowledges that it fully understands this and that it may lose money.
The regulatory regime governing Blockchain and Crypto Assets is uncertain and new regulations or policies may materially adversely affect the further development of the NAKA Pay and its utilities.
There are risks associated with using internet and Blockchain based products, including, but not limited to, the risk associated with the hardware, software, and internet connections, the risk of malicious software introduction, and the risk that third-parties may obtain unauthorized access to the Card Holder’s NAKA Pay. The Card Holder accepts and acknowledges that the Service Provider will not be responsible for any communication failures, disruptions, errors, distortions or delays the Card Holder might experience when using the NAKA Pay or any Blockchain.
The Service Provider is not responsible or liable to the Card Holder for any loss of its Crypto Assets and takes no responsibility for losses, damages, or claims arising from: (a) Card Holder’s error, incorrectly constructed transactions, or mistyped addresses; (b) server failures or data loss; (c) unauthorized access or use; (d) any unauthorized third-party activities, including without limitation the use of viruses, phishing, brute forcing or other cyber-attacks, (e) any issues with the Blockchain.
No advice or information, whether oral or obtained from the Service Provider, will create any warranty or representation not expressly made herein. The Card Holder accepts the inherent security risks of providing information and dealing online over the internet and will not hold the Service Provider responsible for any breach of security.
Intellectual Property Rights
The NAKA Pay, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, URLs, and scripts), proprietary content, information, and other materials, and all content and other materials contained therein, including, without limitation, logos and all designs, texts, graphics, pictures, data, software, other files, and the selection and arrangement thereof are the property of the Service Provider.
The Card Holder agrees not to take any action(s) inconsistent with such ownership interests. The Service Providers reserve all rights in connection with the NAKA Pay and its content, including, without limitation, the exclusive right to create derivative works.
The NAKA Pay name, logo, trademarks, and any Service Provider product or service names, designs, logos, and slogans are the intellectual property of the Service Provider. As such it may not be copied, imitated, or used, in whole or in part, without the Service Provider prior written permission in each instance. In addition, the “look and feel” of the NAKA Pay constitutes the service mark, trademark, or trade dress of the Service Provider and may not be copied, imitated, or used, in whole or in part, without the Service Provider prior written permission.
Applicable Fees
The use of the NAKA Pay is free of charge. The Card Holder is only obliged to pay the Gas for topping-up USDt to the Smart contract of its NAKA Card.
The amount of Gas is not in any way determined by the Service Provider and is not paid to the Service Provider. Gas payment is final and irreversible regardless of whether a successful transaction on Blockchain occurs.
Personal Data
In compliance with the Travel Rule for Crypto Asset transfers, the following personal data is collected when making a transaction with the NAKA Card for the first time:
- first and last name,
- residential address (street, building number, postal code, city, country),
- official personal document number,
- personal identification number or date and place of birth,
- exchange rate and its source,
- IP-address and device information.
Data is collected via third-party software:
- directly from Card Holder during registration,
- by automatic collection when using NAKA Pay (e.g., IP-address, device information), and
- from third party sources (e.g. reputational and financial information).
Service Provider may disclose Card Holder’s personal data in the following circumstances:
- based on the explicit consent of the Card Holder,
- compelled by a court order or other legally binding order from the competent legal authority,
- when necessary to report suspected illegal activity,
- to investigate or report breach of these terms and conditions.
Personal data is stored in the Service Provider’s database based on the Card Holder’s location: within the European Union for EU Card Holders, in Switzerland for Swiss Card Holders, and in El Salvador for Card Holders from El Salvador. All personal data is transmitted via SSL technology and encrypted. Only authorized Service Provider’s personnel are permitted access personal data, who are required to treat personal data as confidential. Personal data is kept for a period of 10 years after NAKA Pay is deactivated.
Card Holder can exercise its personal data rights by sending a request to legal@naka.com.
Service Provider reserve the right to verify Card Holder identity to prevent unauthorized access to third parties, who might request such rights on Card Holder’s behalf. Card Holder has the following personal data rights:
- right to access: (i) request confirmation of whether Service Provider processes personal data, (ii) request a copy of personal data and (iii) obtain information about how Service Provider processes personal data,
- right to correct: request correction or modification of incorrect or incomplete personal data,
- right to erasure: (i) request deletion of personal data, if it is no longer needed for the purposes for which it was processed, (ii) Card Holder withdraws consent and there is no additional legal ground for processing, (iii) personal data is unlawfully processed or (iv) the erasure is required to comply with applicable legislation,
- right to restrict processing: suspend the processing of personal data in certain circumstances (e.g. if Card Holder would like to correct their personal data),
- right to data portability: receive the personal data provided in a structured, commonly used and machine-readable format,
- right to object: object to the processing if the processing is based on legitimate interest (in such cases Service Provider will stop processing unless it has compelling legitimate grounds for further processing, which overrides Card Holder’s interests, or processing is needed for the purpose of establishment, exercise or defense of legal claims),
- right to lodge a complaint within: (i) European Union: at the Information Commissionaire of Republic of Slovenia (https://www.ip-rs.si/), (ii) Switzerland: at the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/) and (iii) El Salvador: at the Comisión Nacional de Activos Digitales (https://cnad.gob.sv/).
Cookies
Service Provider uses the following cookies on NAKA Pay:
The Service Provider also uses the Google Analytics web service by Google Inc. Google Analytics is a web analysis service providing information on Card Holders behavior on NAKA Pay to create a better user experience. Data related to Card Holders use of NAKA Pay (e.g., your IP address, browser type, language settings, operating system, etc.) collected by the Google Company will be transferred to Google’s server in the United States of America, where this data will be stored and analyzed. The relevant data in an anonymized form will then be sent to the Service Provider. Pursuant to the “Model Contractual Clauses” approved by the European Commission, obliging them to protect Card Holders personal data, the Google Company ensures adequate levels of data protection regarding Google’s processing of personal data. Card Holder can withdraw its consent to the use of web analysis at any time by downloading Google Analytics Opt-out Browser Add-on.
The Service Provider uses cookies to improve NAKA Pay functioning and the user experience in NAKA Pay viewing. Temporary cookies are used to measure the number of NAKA Pay visitors to check the efficiency of NAKA Pay content display and improvement. Persistent cookies are used to save Card Holders’ contact information for subsequent website visits, so that Card Holders don’t need to sign in any longer or that the NAKA Pay content display adjusts to Card Holder’s device. NAKA Pay also uses saved cookies originating from other sites like Facebook, Twitter, Google, etc.
The data collected through cookies is processed exclusively for statistical purposes and for collecting demographic data and visitor interests (but only in such a way that your identity cannot be revealed), for identifying server problems and for NAKA Pay editing.
The Service Provider processes NAKA Pay addresses directly from the Polygon Blockchain with analytical tools to: (i) provide, operate, maintain, improve, and analyze the NAKA Pay; (ii) investigate and prevent conducts that may violate these terms and conditions and/or are otherwise harmful or unlawful; (iii) comply with the applicable laws; and (iv) to cooperate with investigations by the law enforcement or other authorities due to suspected violations of law.
Miscellaneous
These terms and conditions shall govern the access and use of the NAKA Pay in its entirety.
The Card Holder acknowledges that breaching any of the provisions of the terms and conditions outlined herein will result in irreparable harm to the Service Provider, prompting the latter to seek monetary compensation.
The NAKA Pay is operated by the Service Provider who operates under the laws of the Republic of Slovenia. Those Card Holders who choose to access the NAKA Pay from locations outside the Republic of Slovenia do so at their own initiative and are responsible for compliance with applicable local laws.
If any of the provisions of these terms and conditions proves void or invalid in any other way, this does not affect the validity and enforceability of the other provisions if they can also exist without the void or invalid provision. In this case, such void or invalid provision is considered separable from the other provisions, which are modified accordingly in the case of separation.
These terms and conditions are governed under the law of the Republic of Slovenia. In the case of any disputes arising out of or in connection with the NAKA Pay (including disputes in connection with the existence, validity or termination of these terms and conditions or any other obligation derived from or in connection with the NAKA Pay), the competent court is in Ljubljana.
These terms and conditions enter into force on 1 January 2025.
For any questions or comments in connection with these terms and conditions, we are available at card.support@naka.com.
NAKA Card
Terms & Conditions of NAKA Card
These terms and conditions by NAKA GLOBAL, AI technologies development, Ltd., Letališka cesta 33f, 1000 Ljubljana, Republic of Slovenia (hereinafter: “Service Provider”) set forth the legal framework applicable to the NAKA Payment application (hereinafter: “NAKA Pay”).
By using NAKA Card, you confirm that you have read these terms and conditions, and you agree to be bound by them. If you do not agree with them, you may not use NAKA Card.
If you are a natural person, you are only allowed to use NAKA Card if you are older than 15 years.
By using the NAKA Card, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain based systems, and that you have a working knowledge of the usage and intricacies of Crypto assets.
The Service Provider reserves the right to change or modify these terms and conditions at any time and upon sole discretion. In such cases, the Service Provider will use reasonable efforts to provide notice of changes, such as by providing notice within the NAKA Pay or by updating the “Version” of these terms and conditions. By continuing to use NAKA Card you confirm your acceptance of these terms and conditions. It is your sole responsibility to review them from time to time to view any changes and to ensure that you understand what terms and conditions apply when you use NAKA Card.
Definitions
“Acquirer” is a legal entity or sole entrepreneur that acts as an intermediary between the Merchants and NAKA. It establishes a contractual relationship with the Merchants, provides them NAKA payment technology, exchanges crypto Assets for other crypto Assets or Fiat, and settles Merchants.
“Blockchain Node” is a device or a process that is part of a Blockchain and holds a complete or partial replica of records of all transactions on a Blockchain.
“Blockchain” is an information repository that keeps records of transactions and that is shared across, and synchronized between, a set of network nodes using a Consensus Mechanism.
“Card Holder” refers to any natural or legal person using NAKA Pay.
“Card Issuer” is a legal entity that facilitates the technical issuance of new NAKA Cards. It also performs EMV security checks including PIN and CVV correctness.
“Consensus Mechanism” are rules and procedures by which an agreement is reached, among Blockchain Nodes, that a transaction is validated.
“Crypto Asset” means a digital representation of a value or of a right that can be transferred and stored electronically using blockchain.
“Fiat” is a government-issued currency that is not backed by a physical commodity but by the government that issued it.
“Gas” is a fee required to successfully conduct a transaction on Blockchain or execute a Smart Contract. It is paid to the Blockchain Nodes for ensuring the confirmation of Crypto Assets transactions. It is set by the Blockchain and fluctuates based on network traffic and transaction complexity.
“POL” is Polygon Blockchain native Crypto Asset. More information on POL is available on the following link: https://polygon.technology/pol-token.
“Merchant Agreement” is a contract between a Merchant and an Acquirer containing their respective rights, duties, and obligations for participation in NAKA.
“Merchant” is a legal entity or a sole entrepreneur who concludes the Merchant Agreement with the Acquirer to be included in the NAKA.
“NAKA Card” is a self-custodial card of Card Holders which is used to pay for goods and services with Crypto Assets at the Merchants in NAKA.
“NAKA Pay” is a self-custodial wallet, where Card Holder takes custody of its own Private Key.
“Naka” is a Blockchain-based payment network compatible with EMV and PCI DSS to facilitate transactions and settlements between Card Holders and Merchants through the utilization of Smart Contracts.
“PIN” is a personal identification number required to be entered to access NAKA Pay and complete transactions with NAKA Card.
“Polygon” is a “layer 2” Blockchain which enables faster Blockchain transactions and low transaction fees. More information on Polygon is available on the following link: https://polygon.technology/.
“Private key” is a unique code that allows access to and management of Crypto Assets to the Card Holder.
“Sanctions List” means: 1) SDN List, Non-SND List, FSE List, SSI List, NS-PLC List, CAPTA List, NS-MBS List and NS-CMIC list, published by the Office of Foreign Assets Control of the U.S. Department of the Treasury; 2) Consolidated list of persons, groups and entities subject to EU financial sanctions, published by the European Commission; 3) United Nations Security Council Consolidated List and 4) Consolidated list of financial sanctions targets, published by the Office of Financial Sanctions Implementation, part of HM Treasury.
“Seed Phrase” is a sequence of 12 random words that provide the information required to recover a lost or damaged NAKA Pay.
“Smart Contract” is a software program stored on a Blockchain, which will execute itself when a set of predetermined conditions are met and is meant to implement automated transactions between Card Holders and Merchants. The Administrator is not an owner, custodian, or in control of Smart Contracts, used within NAKA.
“USDt” is the ticker for the Tether Crypto Asset which is backed by the United States of America dollar (USD). More information on USDt is available on the following link: https://tether.to/.
Obtaining & Using NAKA Card
NAKA Cards are manufactured by the Card Issuer, who is responsible for their design, EMV chip embedding, printing, and security features.
Natural persons and authorized representatives can receive NAKA Card on special events hosted by the Service Provider or events where the Service Provider is presenting its Blockchain-based technical solutions. Natural and legal persons can also order NAKA Card via NAKA Pay.
To fully use NAKA Card, Card Holders must deploy a Smart Contract and establish a connection between the received NAKA Card and the deployed Smart Contract. This can only be done via NAKA Pay.
Each NAKA Card is valid globally for a period of 1-year from the date of NAKA Card printing.
NAKA Card is acceptable at Merchants’ point-of-sale devices, who are included in the NAKA. Merchants who accept NAKA Cards are shown within the NAKA Pay under “NAKA Locations”.
To fully activate the NAKA Card, the Card Holder must set up a PIN and confirm it. Until then, Card Holder cannot use the NAKA Card.
When the NAKA Card is connected to the Smart Contract it cannot be unconnected. However, the Card Holder has an option to block the NAKA Card (e.g., when a card is lost, stolen, or broken). By doing this it is unable to unblock the NAKA Card and must obtain a new NAKA Card to be used with the existing Smart Contract. In such cases, the Card Holder can add a new NAKA Card within the NAKA Pay.
Card Holder can manage its NAKA Card via NAKA Pay, where it can set daily spending limit and single transaction limit, block or freeze NAKA Card, top-up and withdraws Crypto Assets from its NAKA Card, get familiar with NAKA Locations and see history of transactions performed with its NAKA Card. The functionalities listed are more thoroughly described in terms and conditions governing NAKA Pay.
At all times the Card Holder shall ensure that its NAKA Card is kept at a safe place. Under no circumstance whatsoever shall the Card Holder allow the NAKA card to be used by any other natural person or legal entity.
If a Card Holder enters NAKA Card PIN wrong for 5 times, its NAKA Card will be disabled for 24 hours. If a Card Holder tries to - or gains unauthorized access to the NAKA Card EMV chip, its NAKA Card will be permanently blocked.
To perform a top-up of its NAKA Card Card Holder must have USDt on Polygon Blockchain, together with POL to pay for the Gas. To perform a withdrawal from its NAKA Card Smart Contract Card Holder must have a Polygon Blockchain address which can receive USDt and USDt on the connected Smart Contract.
Limitations, Restrictions & Prohibited Uses
NAKA Pay is purely self-custodial, meaning that the Service Provider does not have any custody, possession, or control of the Card Holder’s Crypto Assets or Private keys of the Card Holder’s NAKA Pay at any time. NAKA Pay is only software used for the Smart Contract deployment, establishing a connection between the Card Holder’s NAKA Card and the deployed Smart Contract, and NAKA Card management.
The Card Holder is solely responsible for keeping its NAKA Pay secure and should never share NAKA Pay Private key or Seed Phrase with anyone. The Service Provider is not liable for any acts or omissions by the Card Holder that compromise or could compromise the NAKA Pay.
By using NAKA Card, the Card Holder represents and warrants that it is not a prohibited person, which is:
- based in -, being a citizen of - or incorporated in the United States of America, United Kingdom, Democratic People’s Republic of Korea (North Korea), Iran, Syria, Crimea, and the self-proclaimed Donetsk People’s Republic, Luhansk People’s Republic, Kherson People's Republic, and Zaporizhzhia People's Republic,
- listed in any Sanctions List,
- directly or indirectly owned 50 percent or more by any natural or legal person or group of persons in the aggregate that is included in any Sanctions List or based in -, being a citizen of - or incorporated in a jurisdiction from the point a) of this subsection,
- a government or a government official of a jurisdiction with a high risk for money laundering and terrorism financing or a jurisdiction from the point a) of this subsection,
- prohibited by a decision of a public authority to participate in or conduct services performed by the Service Provider.
The Card Holder agrees that it will not violate any laws, contracts, or intellectual property, and is solely responsible for its own actions by using NAKA Card. The Card Holder explicitly agrees that it will not:
- claim a NAKA Card name for the purpose of reselling it, confusing others, and deriving others’ goodwill,
- use the NAKA Card for commercial purposes inconsistent with these terms and conditions,
- reverse engineer, duplicate, or disassemble any aspect of the NAKA Card, or do anything that might bypass or circumvent security measures of the NAKA Card employed,
- use the NAKA Card directly or indirectly, for or in connection with money laundering, terrorist financing, or other illicit financial or criminal activity, or in any way in connection with the violation of any law or regulation that applies to the User or Service Provider,
- use the NAKA Card with the proceeds of unlawful activity,
- infringe or violate the intellectual property rights or any other rights of the Service Provider,
- use the NAKA Card directly or indirectly, for, on behalf of, for the benefit of, or in connection with prohibited persons, defined above.
By agreeing to these terms and conditions the Card Holder agrees to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless the Service Provider, and its respective past, present, and future employees, officers, directors, contractors, consultants, shareholders, service providers, subsidiaries, affiliates, agents, representatives, predecessors and successors, from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interests, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, that are caused by, arise out of or are related to the Card Holder’s (a) use or misuse of the NAKA Card, (b) violation or breach of any of these terms and conditions or applicable law, and (c) violation of the rights of or obligations to a third party, including another user or third party, and (d) negligence or willful misconduct. The Card Holder agrees to promptly notify the Service Provider of any claims and cooperate with the Service Provider in defending them.
Use of the NAKA Card may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, repair, preventing potential violations of these terms and conditions, or other actions that the Service Provider, in its sole discretion, may elect to take.
Limitation of the Service Provider's Liability
The Service Provider is not an owner, custodian, or in control of the Blockchain networks. The Service Provider is not responsible for and makes no guarantees regarding Blockchain networks environment operation and functionality. The Service Provider also does not control certain Smart Contracts that may be integral to the Card Holder’s ability to complete transactions with NAKA Card. Since transactions conducted on the NAKA Pay are directly linked to the Blockchain, they are irreversible, and the Service Provider has no ability to reverse them on the Blockchain.
The User is the one who deploys Smart Contract, establishes a connection between its NAKA Card and the deployed Smart Contract, and manages its NAKA Card. Consequently, the Service Provider is not an owner, custodian, or in control of Smart Contract, connected with the NAKA Card, and Crypto Assets on such a Smart Contract. The latter and the NAKA Card are solely owned by the Card Holder. The latter is also the only one who possesses the PIN of the NAKA Card.
The Service Provider takes no action and does not participate in any way in the payment process conducted with the Card Holder’s NAKA Card. For the latter, the Service Provider only supplies the Card Holder with an interface to manage its own NAKA Card and Smart contract connected with it. Since the Smart Contract is activated and controlled solely upon Card Holder’s action with the NAKA Card (i.e., when the Card Holder taps its NAKA Card to the Merchant’s point-of-sale device) or via NAKA Pay (top-up, withdrawal and setting up limits), the Service Provider cannot limit or block any Card Holder’s actions with the NAKA Card.
The Card Holder understands, that the Service Provider is not: operating a trading platform of Crypto Assets, exchanging Crypto Assets for Fiat or other Crypto Assets, and placing and issuing Crypto Assets. Since transactions with the Smart Contract connected to the NAKA Card and NAKA Pay are performed by the Card Holder itself, the Service Provider is also not an owner nor custodial of the Smart Contract, NAKA Card, and the Card Holder’s Digital wallet. The Service Provider is also not executing any order on behalf of the Card Holder, and providing custody, administration or transfer services of Card Holder’s Crypto Assets, advice on Card Holder’s Crypto Assets and portfolio management of Card Holder’s Crypto Assets.
The Service Provider makes no warranty or representation and disclaim all responsibility for whether the NAKA Card will meet Card Holder’s requirements.
The Card Holder is solely responsible for determining what, if any, taxes apply to the transactions performed with the NAKA Card. The Service Provider is not responsible for determining, withholding, collecting, reporting, or remitting any taxes that apply or might apply to the transactions with the NAKA Card.
Prices of Crypto Assets are subject to volatility and fluctuations. The Card Holder acknowledges that it fully understands this and that it may lose money.
The regulatory regime governing Blockchain and Crypto Assets is uncertain and new regulations or policies may materially adversely affect the further development of the NAKA Card and its utilities.
There are risks associated with using internet and Blockchain based products, including, but not limited to, the risk associated with the hardware, software, and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to the Card Holder’s NAKA Pay. The Card Holder accepts and acknowledges that the Service Provider will not be responsible for any communication failures, disruptions, errors, distortions or delays the Card Holder might experience when using the NAKA Card or any Blockchain.
The Service Provider is not responsible or liable to the Card Holder for any loss of its Crypto Assets and takes no responsibility for losses, damages, or claims arising from: (a) Card Holder error, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) unauthorized access or use; (d) any unauthorized third-party activities, including without limitation the use of viruses, phishing, brute forcing or other cyber-attacks, (e) any issues with the Blockchain.
No advice or information, whether oral or obtained from the Service Provider, will create any warranty or representation not expressly made herein. The User accepts the inherent security risks of providing information and dealing online over the internet and will not hold the Service Provider responsible for any breach of security.
Intellectual Property Rights
The NAKA Card design, including its “look and feel”, is the property of the Service Provider. The Card Holder agrees not to take any action(s) inconsistent with such ownership interests. The Service Providers reserve all rights in connection with the NAKA Card and its content.
The NAKA Card name, logo, trademarks, and any Service Provider product or service names, designs, logos, and slogans are the intellectual property of the Service Provider. As such it may not be copied, imitated, or used, in whole or in part, without the Service Provider prior written permission in each instance. In addition, the “look and feel” of the NAKA Card constitutes the service mark, trademark, or trade dress of the Service Provider and may not be copied, imitated, or used, in whole or in part, without the Service Provider prior written permission.
Applicable Fees
The use of the NAKA Card is free of charge. The Card Holder is only obliged to pay the Gas for topping-up USDt to the Smart contract of its NAKA Card.
The amount of Gas is not in any way determined by the Service Provider and is not paid to the Service Provider. Gas payment is final and irreversible regardless of whether a successful transaction on Blockchain occurs.
Personal Data
In compliance with the Travel Rule for Crypto Asset transfers, the following personal data is collected when using the NAKA Card for the first time:
- first and last name,
- residential address (street, building number, postal code, city, country),
- official personal document number,
- personal identification number or date and place of birth,
- exchange rate and its source,
- IP-address and device information.
Data is collected via third-party software:
- directly from Card Holder during registration,
- by automatic collection when using NAKA Pay (e.g., IP-address, device information), and
- from third party sources (e.g. reputational and financial information).
Service Provider may disclose Card Holder’s personal data in the following circumstances:
- based on the explicit consent of the Card Holder,
- compelled by a court order or other legally binding order from the competent legal authority,
- when necessary to report suspected illegal activity,
- to investigate or report breach of these terms and conditions.
Personal data is stored in the Service Provider’s database based on the Card Holder’s location: within the European Union for EU Card Holders, in Switzerland for Swiss Card Holders, and in El Salvador for Card Holders from El Salvador. All personal data is transmitted via SSL technology and encrypted. Only authorized Service Provider’s personnel are permitted access personal data, who are required to treat personal data as confidential. Personal data is kept for a period of 10 years after NAKA Pay is deactivated.
Card Holder can exercise its personal data rights by sending a request to legal@naka.com. Service Provider reserve the right to verify Card Holder identity to prevent unauthorized access to third parties, who might request such rights on Card Holder’s behalf. Card Holder has the following personal data rights:
- right to access: (i) request confirmation of whether Service Provider processes personal data, (ii) request a copy of personal data and (iii) obtain information about how Service Provider processes personal data,
- right to correct: request correction or modification of incorrect or incomplete personal data,
- right to erasure: (i) request deletion of personal data, if it is no longer needed for the purposes for which it was processed, (ii) Card Holder withdraws consent and there is no additional legal ground for processing, (iii) personal data is unlawfully processed or (iv) the erasure is required to comply with applicable legislation,
- right to restrict processing: suspend the processing of personal data in certain circumstances (e.g. if Card Holder would like to correct their personal data),
- right to data portability: receive the personal data provided in a structured, commonly used and machine-readable format,
- right to object: object to the processing if the processing is based on legitimate interest (in such cases Service Provider will stop processing unless it has compelling legitimate grounds for further processing, which overrides Card Holder’s interests, or processing is needed for the purpose of establishment, exercise or defense of legal claims),
- right to lodge a complaint within: (i) European Union: at the Information Commissionaire of Republic of Slovenia (https://www.ip-rs.si/), (ii) Switzerland: at the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/) and (iii) El Salvador: at the Comisión Nacional de Activos Digitales (https://cnad.gob.sv/).
Cookies
Service Provider uses the following cookies on NAKA Pay:
The Service Provider also uses the Google Analytics web service by Google Inc. Google Analytics is a web analysis service providing information on Card Holders behavior on NAKA Pay to create a better user experience. Data related to Card Holders use of NAKA Pay (e.g., your IP address, browser type, language settings, operating system, etc.) collected by the Google Company will be transferred to Google’s server in the United States of America, where this data will be stored and analyzed. The relevant data in an anonymized form will then be sent to the Service Provider. Pursuant to the “Model Contractual Clauses” approved by the European Commission, obliging them to protect Card Holders personal data, the Google Company ensures adequate levels of data protection regarding Google’s processing of personal data. Card Holder can withdraw its consent to the use of web analysis at any time by downloading Google Analytics Opt-out Browser Add-on.
The Service Provider uses cookies to improve NAKA Pay functioning and the user experience in NAKA Pay viewing. Temporary cookies are used to measure the number of NAKA Pay visitors to check the efficiency of NAKA Pay content display and improvement. Persistent cookies are used to save Card Holders’ contact information for subsequent website visits, so that Card Holders don’t need to sign in any longer or that the NAKA Pay content display adjusts to Card Holder’s device. NAKA Pay also uses saved cookies originating from other sites like Facebook, Twitter, Google, etc.
The data collected through cookies is processed exclusively for statistical purposes and for collecting demographic data and visitor interests (but only in such a way that your identity cannot be revealed), for identifying server problems and for NAKA Pay editing.
The Service Provider processes NAKA Pay addresses directly from the Polygon Blockchain with analytical tools to: (i) provide, operate, maintain, improve, and analyze the NAKA Pay; (ii) investigate and prevent conducts that may violate these terms and conditions and/or are otherwise harmful or unlawful; (iii) comply with the applicable laws; and (iv) to cooperate with investigations by the law enforcement or other authorities due to suspected violations of law.
Miscellaneous
These terms and conditions shall govern the access and use of the NAKA Pay in its entirety.
The Card Holder acknowledges that breaching any of the provisions of the terms and conditions outlined herein will result in irreparable harm to the Service Provider, prompting the latter to seek monetary compensation.
NAKA is operated by the Service Provider who operates under the laws of the Republic of Slovenia. Those Card Holders who choose to access the NAKA Pay from locations outside the Republic of Slovenia do so at their own initiative and are responsible for compliance with applicable local laws.
If any of the provisions of these terms and conditions proves void or invalid in any other way, this does not affect the validity and enforceability of the other provisions if they can also exist without the void or invalid provision. In this case, such void or invalid provision is considered separable from the other provisions, which are modified accordingly in the case of separation.
These terms and conditions are governed under the law of the Republic of Slovenia. In the case of any disputes arising out of or in connection with the NAKA Pay (including disputes in connection with the existence, validity or termination of these terms and conditions or any other obligation derived from or in connection with the NAKA Pay), the competent court is in Ljubljana.
These terms and conditions enter into force on 1 January 2025. For any questions or comments in connection with these terms and conditions, we are available at card.support@naka.com.