These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Kredete, Inc. including any of its subsidiaries or affiliates ("Company", “we”, “us”, or “our”), concerning your access to and use of the https://www.kredete.io website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected there to (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALLOF THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country other than that which we have already obtained. Accordingly, those persons who choose to access the Site from other locations do so of their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Site is not tailored to comply with industry specific regulations NIS2 Directive (EU Network and Information Security Directive 2) and other applicable data regulations, so if your interactions would be subject to such laws, you may not use this Site. You may not use the Site in a way that would violate the EU GDPR (General Data Protection Regulation) or the PSD2 (Payment Services Directive 2) of the EU

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Service prior to you using the Site.

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Introduction and Scope

These Terms of Use (“Terms”) govern your use of Kredete’s Card-as-a-Service (CaaS) and Banking offerings (“Services”) provided in partnership with Orenda Financial Services Limited (“Orenda”), and one or more licensed Electronic Money Institutions (“Issuer(s)”) operating within the European Union.

By creating a Kredete account, using our card, wallet, virtual IBAN, or any other regulated services delivered through Orenda and the Issuer(s), you agree to be legally bound by:

a. These Kredete Terms of Use;

b. Orenda’s Terms & Conditions;

c. All relevant Privacy Policies (Kredete, Orenda, and the Issuer).

d. The Issuer’s Terms & Conditions applicable to your card/e-money account; and

If you do not agree, you must discontinue use of the Services.

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About the Service

Kredete provides a digital interface that allows users to access payment cards, e-money wallets, virtual accounts, and other financial features delivered through Orenda’s technology platforms and issued by regulated Issuers.

Kredete is not a bank or an Electronic Money Institution.

Regulated financial services (cards, e-money, payments, wallets) are provided by the Issuer, not Kredete or Orenda.

Orenda provides the underlying Platform Services enabling access to regulated products

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Eligibility

a. You must be 18

b. Be resident in a supported EU jurisdiction;

c. Successfully complete Know-Your-Customer (KYC) onboarding;

d. Not be subject to sanctions or AML restrictions.

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Account Registration and Onboarding

You agree to:

a. Provide accurate and complete information;

b. Update information when required;

c. Undergo KYC/AML checks by Kredete, Orenda, and/or the Issuer;

d. Permit identity verification using third-party providers.

e. Failure to meet onboarding requirements may result in account refusal or termination.

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Use of the Services

You may only use the Services in compliance with:

These Terms;

Applicable EU financial, AML, consumer, and data protection laws;Orenda’s Acceptable Use Policy

Prohibited Uses

You may not use the Services for:

a. Fraud, money laundering, terrorist financing, or illegal transactions;

b. Crypto related activities unsupported by Orenda and/or the Issuer.

c. Abusive, harmful, or offensive conduct;

d. Circumventing security controls;

e. Unauthorised data scraping or harvesting.

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Wallets, Cards & Payments

Your e-money wallet, virtual IBAN, and payment card are issued by a regulated Issuer. Kredete acts solely as a distributor.

Funds held in your wallet represent e-money, not bank deposits.

E-money is not covered by deposit protection schemes.

Orenda may instruct the Issuer to debit your wallet for fees, penalties, and other charges

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Fees

Fee schedules are made available during onboarding and updated from time to time.

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including your email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. We may change prices at any time. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorise us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge until you notify us of your cancellation.

By using the Services, you authorise:

a. Kredete

b. Orenda

c. The Issuer

to deduct applicable fees directly from your wallet or account.

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Suspension & Termination

Your access may be suspended or terminated if:

a. Required by law or regulator;

b. You violate the Terms, Issuer rules, or Orenda policies;

c. Fraud or security risks are detected;

d. Fees remain unpaid.

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On termination:

a. Your card and wallet access will end;

b. Outstanding fees remain payable;

c. Orenda/Issuer may retain records for legal compliance

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Liability

OUR LIABILITY TO YOU IS LIMITED.

Kredete is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to: (i) your use of or your inability to use our Site or Site Services; (ii) delays or disruptions in our Site or Site Services; (iii) viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services; (iv) glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services; (v) damage to your hardware device from the use of the Site or Site Services; (vi) the content, actions, or inactions of third parties’ use of the Site or Site Services; (vii) a suspension or other action taken with respect to your Account; (viii) your reliance on the quality, accuracy, or reliability of project postings, Profiles, ratings, recommendations, and feedback (including their content, order, and display), Composite Information, or metrics found on, used on, or made available through the Site; and (ix) your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service. In no circumstance will Kredete, our affiliates, our licensors, or our third-party service providers be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but not limited to, litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities (whether Kredete has been advised of the possibility of such damages or not) arising out of Kredete’s Website or Services (including, without limitation to inability to use or arising from the result of the use of Kredete’s website or services) whether such damages are based on warranty, tort, contract, statute or any other legal theory.

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Intellectual Property

All intellectual property in the Platform is owned by Kredete and Orenda Separately as may be applicable.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site in order to harass, abuse, or harm another person. Make improper use of our support services or submit false reports of abuse or misconduct. Use the Site in a manner inconsistent with any applicable laws or regulations.
6. Engage in unauthorised framing of or linking to the Site.
7. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. Engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.
8. Delete the copyright or other proprietary rights notice from any Content.
9. Attempt to impersonate another user or person or use the username of another user. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or“passive collection mechanisms” or “PCM”).
10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
11. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
12. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site.
13. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
14. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
15. Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.
16. Use a buying agent or purchasing agent to make purchases on the Site.
17. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
18. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue generating endeavor or    commercial enterprise.
19. Use the Site to advertise or offer to sell goods and services.
20. Sell or otherwise transfer your profile

Governing Law and Jurisdiction

These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the EU Member State of the customer’s residence for consumer rights; applicable to agreements made and to be entirely performed within the European Union without regard to its conflict of law principles.
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Dispute Resolution and Class Action Waiver

In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, the Parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and recognize their mutual interests and attempt to reach a just and equitable solution satisfactory to the Parties.

Where the Parties are unable to resolve the dispute within 14 days through negotiation, then, upon notice by any Party to the other Party, any disputes, claims, questions, or differences may be referred in the first instance to confidential mediation at a mutually agreed upon location in the European Union, under the provisions of the relevant EU state or federal laws. This clause shall not preclude any Party from obtaining interim relief from a court of competent jurisdiction.

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