Terms & Conditions for Customer Onboarding
Fortuna Digital Custody: Terms & Conditions
Please read these terms of service carefully before clicking the "Submit" button or by accessing / using the services. By creating an account with Fortuna Digital Custody, you agree to be legally bound by the following terms of service and all terms incorporated by reference.
Fortuna Digital Custody, Company Number 686299 (“Fortuna”) is operating as a Virtual Assets Services Provider (“VASP”). As per the terms of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 to 2021 (the “CJA 2010 to 2021”) section 106F, Fortuna is taken to be registered to carry on business as a VASP. The Central Bank of Ireland is the competent authority in Ireland for the monitoring and supervision of VASPs compliance with their AML/CFT obligations under Part 4 of the CJA 2010 to 2021, and all registered businesses are supervised by the Bank for anti-money laundering and countering the financing of terrorism purposes only. In accordance with section 106G of the CJA 2010 to 2021, Fortuna has submitted an Application for Registration as a VASP to the Central Bank. In accordance with section 106H of the CJA 2010 to 2021, the registration process is ongoing with the Central Bank.


By opening an account with us, you warrant and represent that:
You have accepted these terms and conditions.
You are at least 18 years of age and have the full capacity to accept these terms and conditions and enter into a transaction involving the sale or purchase of Virtual Assets.
You have obtained, and will comply with the terms and conditions of, all licences, consents, registrations, authorisations, recognitions and exemptions necessary when engaging in Digital Asset transactions.
Any information you provide to us at any time will be true and accurate in all respects;
The funds you are putting into custody are your own funds and you are not acting on behalf of any other third party.
You are not using and will at no time use our services for any transaction which is illegal or contrary to any law or regulation in force in Ireland or in any jurisdiction in which you are resident at the time when the transaction is entered into;
You are not using and will at no time use our services to perform criminal activity of any sort, including but not limited to, money laundering or terrorist financing;
That you have read and accepted our privacy policy
If at any time after we have opened your account, we become aware that any of the warranties and representations you have made are untrue, or that a change of material circumstances outside of your control, we reserve the right, without notice to you, to cease processing any transactions for you, immediately close your account and take such further action at our absolute discretion.
Eligibility:
Fortuna may not make the Services available in all markets and jurisdictions and may restrict or prohibit use of the Services from certain foreign jurisdictions ("Restricted Locations"). If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organised and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.
You further represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old in Ireland); (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are not located in, under the control of, or a national or resident of any Restricted Locations, and (e) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.
Fortuna may condition your access or continued access to certain Services (or features of those Services), such as by imposing eligibility requirements. Fortuna will keep you informed of these via our website. Fortuna may require, on an ongoing basis, that you demonstrate to us that you continue to meet these requirements. Fortuna’s decisions with respect to eligibility are final.
Privacy Notice
Please refer to our Privacy Notice regarding your personal information and about how we collect, use and share your information.
General Obligations
Accuracy of Information. You must provide any information required when creating a Fortuna Account or when prompted by any screen displayed within the Services. You represent and warrant that any information you provide via the Services is accurate and complete.
Taxes. You shall be responsible for all filings, tax returns and similar reports on any transactions undertaken pursuant to these terms or in connection with the Virtual Assets which must be made to any relevant authority whether governmental or otherwise and for the payment of all unpaid calls, taxes (including without limitation any value added tax), levies or duties, or any other liability or payment arising out of or in connection with the Virtual Assets.
Fortuna is not acting under these terms as manager or investment adviser to you, and responsibility for the selection, acquisition and disposal of Virtual Assets remains with you at all times.
Regulatory Requirements. Notwithstanding any provision of these terms to the contrary, but subject to the provisions of any amendment terms, where Fortuna is for the time being subject to any regulatory requirements (whether made by the laws of Ireland or otherwise) in relation to its dealings with you under these terms, the rights and obligations Fortuna under the provisions of these terms shall be read and construed to the greatest extent permitted by, and in accordance with such applicable regulatory requirements.
Disclosure. Whilst you and Fortuna agree to use our reasonable efforts to keep confidential any information that either of them may receive in relation to these terms, both agrees and understands that the other may disclose such information if required to do so by any applicable law, statute or other regulation of or by way of court order or similar process enforceable in any relevant jurisdiction or if required to do so by any regulatory body or self-regulatory organisation (whether of a governmental nature or otherwise) in any relevant jurisdiction and to whose authority the relevant party is (whether or not through force of law) subject or otherwise accustomed to act.
Risk Disclosure
Before you engage with a VASP, you should be aware of the following. You should not transact with virtual currencies or assets if you are not familiar with virtual currencies or assets. Transacting in virtual currencies or assets may not be suitable for you if you are not familiar with the technology that virtual currencies or assets services provide. You should be aware that the value of virtual currencies or assets may fluctuate greatly. You should buy virtual currencies or assets only if you are prepared to accept the risk of losing all of the money you put into such tokens. In the event you intend to onboard with Fortuna Digital Custody to trade in Virtual Assets, by onboarding with us you acknowledge that you are aware of any rules and/or regulations applicable to the provision of Virtual Assets and/or financial services and the high degree of risk involved. RISK WARNING ON VIRTUAL CURRENCIES The Central Bank of Ireland provides this risk warning to you as a consumer on virtual currencies: https://www.centralbank.ie/consumer-hub/consumer-notices/consumer-warning-on-virtual-currencies


Electronic Notices
Consent to Electronic Delivery. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, "Communications") that Fortuna provides in connection with your Fortuna Account and/or use of the Fortuna Services. You agree that Fortuna may provide these Communications to you by emailing them to you at the email address you provide, and/or by sending an SMS or text message to a mobile phone number that you provide. Your carrier's normal messaging, data and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.

This statement discloses the privacy practices for Fortuna's websites. Questions regarding this statement should be directed to onboarding@fortuna.solutions .
We respect the privacy of those individuals who visit and use our site and therefore have adopted a set of information management guidelines, which are the foundation of our client relationships. These guidelines have been developed with the recognition that Internet technologies are rapidly evolving, and that underlying business models are still not established. Accordingly, guidelines are subject to change. Any such changes will immediately be posted on this page.
What we do
We collect personally identifiable information about our users. Our goal in collecting personal information online is to provide you with the most useful and helpful experience possible. By knowing your preferences, we will be able to deliver information that meets your needs and allow you special access privileges. Through online forms, we collect:
Name
Email address
Wallet Address
Any KYC/CFT Information required to use our services
We use this information:
To perform statistical analyses measuring relative interest in the various areas of our site
To recognise user access privileges
To meet our obligations under Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 and any other relevant legistation, law or regulation.
What we don't do (under any circumstances):
Link IP address to anything personally identifiable
Share the information we track on this site, in any form with advertisers or other parties
Release personal information about any individual visitor, unless required by law or legal obligation.
Upon request, Fortuna Digital Custody will remove any subscriber (and his or her personal information) from our subscribers lists subject to our obligations under the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 and any other relevant legistation, law or regulation.
Any such request should be directed to onboarding@fortuna.solutions .
Fortuna Digital Custody is not responsible for the content or the privacy policies of external Web sites to which we may link.