TERMS OF SERVICE
PARTIES
These Terms of Service ("Terms" or "Agreement") form a binding agreement between you (the "Customer", "you") and Northstake ApS, a company incorporated in Denmark, CVR no. 42 81 87 39, registered at Amaliegade 45, st., DK-1256 Copenhagen K, Denmark ("Northstake").
By accessing or using the Services, you agree to be bound by these Terms and by Northstake's Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.
Regulatory disclosure (EU/EEA users). Northstake is authorised as a crypto-asset service provider (CASP) under Regulation (EU) 2023/1114 (MiCAR) and supervised by the Danish Financial Supervisory Authority (Finanstilsynet) ("DFSA") (FTID 17520). The Services are not covered by any deposit-guarantee or investor-compensation scheme.
Northstake may use third-party service providers to support the provision of the Services. Northstake remains responsible for the Services as the authorised CASP and is your sole counterparty under these Terms.
1. DEFINITIONS
1.1 "Account" means the Customer profile created and verified through the Platform, containing personal, transactional and identification information.
1.2 "AML/CTF Laws" means applicable anti-money laundering and counter-terrorist-financing laws and regulations, including the Danish Anti-Money Laundering Act and the EU Anti-Money Laundering Directives and regulations.
1.3 "CASP" means a crypto-asset service provider within the meaning of MiCAR.
1.4 "Digital Asset" means a crypto-asset represented in digital form and transferable via a blockchain (e.g. Bitcoin, Ethereum).
1.5 "Fiat Currency" means government-issued legal-tender currency.
1.6 "Funds" means Fiat Currency or Digital Assets used in connection with the Services.
1.7 "MiCAR" means Regulation (EU) 2023/1114 on markets in crypto-assets.
1.8 "Network Fee" means the blockchain transaction fee charged by the relevant network to process a transaction.
1.9 "On-Ramp" means the service whereby the Customer purchases Digital Assets in exchange for Fiat Currency, subject to sanctions screening, AML/CFT and anti-fraud controls.
1.10 “Off-Ramp” means the service whereby the Customer sells Digital Assets in exchange for Fiat Currency, subject to sanctions screening, AML/CFT and anti-fraud controls.
1.11 “Payout Account” means the Customer’s nominated fiat payment account, verified by Northstake, to which Off-Ramp proceeds are paid.
1.12 "Platform" means the Northstake interface – including Northstake's website, web application and any embedded components – through which the Services are accessed.
1.13 "Services" means the On-Ramp service, the Off-Ramp service and related functionality made available through the Platform. For the avoidance of doubt, the Services under these Terms do not include staking, custody, bridging, the Staking Vault Manager, or any other Northstake service.
1.14 "Transaction" means a single On-Ramp or Off-Ramp execution.
1.15 "Transaction Fee" means the fee payable for each completed Transaction, disclosed before execution.
1.16 "Transaction Price" means the total price for a Transaction as disclosed to the Customer.
1.17 "Wallet" means a blockchain address controlled by the Customer to or from which Digital Assets are transferred in connection with a Transaction.
2. SERVICE SCOPE
2.1 These Terms apply to Customers located in the European Union / European Economic Area.
2.2 Access is jurisdiction-gated. Northstake may restrict or refuse access from any jurisdiction.
3. ELIGIBILITY AND COMPLIANCE
3.1 To use the Services you must: (a) be at least 18 years old (or the legal age for financial services in your jurisdiction); (b) reside in a jurisdiction where Northstake is authorised to provide the Services; (c) have full legal capacity to enter into this Agreement; and (d) not be subject to any applicable sanctions, restrictions or prohibitions.
3.2 You must complete onboarding and identity verification (Section 5) before transacting, and comply with these Terms and applicable law at all times.
4. DESCRIPTION OF SERVICES
4.1 The Services enable you to buy supported Digital Assets using Fiat Currency (the "on-ramp").Northstake publishes the list of supported Digital Assets on the Platform and may add or remove supported assets from time to time.
4.2 Northstake executes your order on a best-execution basis as the authorised CASP. You acquire the crypto-asset on execution of your order, and it is delivered to your Wallet. Northstake is the merchant of record for the card payment (see Section 10). Northstake executes orders in accordance with its order-handling and best-execution policy, which is available on the Platform.
4.3 The Services also enable you to sell supported Digital Assets in exchange for Fiat Currency (the “off-ramp”). On an Off-Ramp Transaction you transfer the Digital Assets to an address provided by Northstake so that Northstake can execute your order as the authorised CASP, and the net proceeds are paid to your Payout Account.
4.4 All Transactions are initiated by you. Delivery of Digital Assets is made to a Wallet controlled by you. Northstake does not offer a hosted-wallet service under these Terms.
4.5 Northstake is not a payment acquirer, payment processor or card payment scheme. All fiat payments for the purchase of Digital Assets through the Platform are processed by third-party payment processors engaged by Northstake. Northstake does not directly acquire or process card payments and does not operate or participate in a card payment network (see Section 10).
5. ONBOARDING AND CUSTOMER VERIFICATION (KYC/AML)
5.1 Northstake is the obliged entity for AML/CFT purposes and performs customer due diligence as the CASP. Verification is operated under Northstake's compliance programme and configuration; Northstake makes the onboarding decision and may accept or reject any Customer and set the Customer's risk score.
5.2 To use the Services you must complete onboarding and provide information ("Onboarding Information"), which may include: full name, date of birth, residential address, email and phone number; national identification number; government-issued photo identification; source of funds and payment-account information; device or network information; proof of address; and a selfie/liveness check matching the identification.
5.3 You authorise Northstake, directly or through third-party providers, to make the enquiries necessary to verify your identity and information. You represent that all Onboarding Information is accurate and complete, and will update it promptly (and no later than 10 days after a change).
5.4 You agree to comply with any request for additional information within 14 days. If you fail to do so, or your identity cannot be verified, access to the Services may be limited, suspended or terminated.
5.5 Northstake may request further information at any time, including after onboarding or during transaction reviews, to meet its legal and compliance obligations. Northstake may freeze or terminate access where it cannot verify identity or reasonably suspects fraud, unauthorised use or breach of law or these Terms.
5.6 Personal data collected during onboarding is processed in accordance with the Privacy Policy and applicable law (Section 16).
6. CUSTOMER RESPONSIBILITIES AND CONDUCT
6.1 You are responsible for the accuracy of all information you provide, including Wallet addresses and Transaction details, and for reviewing the Transaction summary before confirming.
6.2 You are responsible for maintaining the security and confidentiality of your Account credentials, device, Wallet and email, and for all activity under your Account. You must notify Northstake immediately of any suspected unauthorised use or security breach. Northstake will never ask for your password, private keys or full card details by email or message.
6.3 You must not use the Services in breach of these Terms or applicable law, and must comply with Section 14 (Prohibited Use).
7. NORTHSTAKE'S RIGHTS AND RESPONSIBILITIES
7.1 As the CASP, Northstake is responsible for the regulated service, customer due diligence, transaction monitoring, sanctions screening and regulatory reporting, and for conduct-of-business and consumer-protection compliance.
7.2 Northstake may use third-party service providers to deliver the Services. Northstake remains responsible for the Services as the CASP. Subject to applicable law, Northstake is not liable for the acts or omissions of such third parties save as required by law.
7.3 Northstake may refuse, suspend, cancel or reverse any Transaction, and suspend or terminate access, where required by law, for compliance or fraud reasons, or where these Terms are breached.
8. TRANSACTION TERMS AND REFUND POLICY
8.1 All Transactions are final once the Digital Asset is broadcast to the blockchain and a transaction ID is issued; blockchain transactions are irreversible.
8.2 Refunds are provided only where the Transaction cannot be completed, including where it does not pass fraud or compliance checks or fails for technical reasons. In such cases the captured payment is refunded to your payment method.
8.3 Refunds may be subject to deductions for applicable Network Fees, third-party payment-processing costs, and reasonable investigation or administrative costs.
8.4 Where Funds are linked to a sanctioned or restricted wallet, account or party, Northstake may freeze the Funds and notify the relevant authorities, as required by applicable sanctions and financial-crime law.
8.5 Refunds are returned to the payment method used, where feasible. Where that is not feasible, Northstake may request an alternative refund method; where the amount is below the cost of the refund, it may be unrecoverable.
8.6 Off-Ramp Transactions. Where an Off-Ramp Transaction cannot be completed, including where it does not pass fraud or compliance checks or fails for technical reasons, the Digital Assets received from you are returned to the Wallet from which they were sent, less any applicable Network Fees, unless return is prohibited by applicable sanctions or anti-money laundering regulation.
9. ORDER RULES AND LIMITATIONS
9.1 The minimum order value is EUR 7 (or equivalent). Orders below this may not be processed and may be unrecoverable where too small to refund.
9.2 You are solely responsible for the accuracy of Wallet addresses and Transaction details. Transactions may be irreversible, and Northstake is not responsible for losses from mistaken or accidental transactions, including delivery to an incorrect address you have provided.
9.3 The Services may be unavailable in some jurisdictions, and Northstake may apply transaction limits at its discretion.
9.4 Except as required by law, Northstake is not liable for unauthorised transactions resulting from unauthorised access to your Account.
10. FEES, PAYMENT PROCESSING AND MERCHANT OF RECORD
10.1 All applicable fees are displayed before you confirm a Transaction. By proceeding, you agree to pay the stated fees.
10.2 Northstake is the merchant of record for card/payment transactions. Northstake holds the merchant/acquirer relationship and receives settlement of the captured funds. Northstake uses third-party payment processors to facilitate transactions but remains responsible for delivery of the Services purchased, subject to these Terms, and is not responsible for delays or errors attributable to third-party processors.
10.3 By using your payment method, you authorise Northstake (directly or through its payment processors) to debit and/or credit your payment method for the full amount of each Transaction, including fees, taxes and any refunds, chargebacks or reversals.
10.4 Your use of a payment method is subject to your financial institution's terms and the applicable card-network rules (including Visa and Mastercard).
10.5 Third-party processors may impose additional fees (e.g. currency conversion, cross-border). Network Fees are charged by the blockchain network, vary in real time, and are passed through to you. These are separate from the Transaction Fee.
10.6 Current fees are available on the Platform and may change from time to time; you should review current fees before confirming a Transaction.
10.7 Payment is captured only after the Digital Asset has been sent to you and the blockchain transaction ID is available.
10.8 Fees and prices may fluctuate during processing; Northstake may issue an updated quote ("pre-completion re-quote") before finalising. By proceeding you accept potential delays and price adjustments.
10.9 A receipt will be provided by email after each Transaction, showing the amount of Digital Assets, the fees, and the total debited or credited.
10.10 You must maintain sufficient funds/credit on your payment method. Northstake is not responsible for overdraft, insufficient-funds or other fees imposed by your financial institution.
10.11 For an Off-Ramp Transaction, Northstake pays the net Fiat proceeds to your verified Payout Account after the Digital Assets have been received and your order executed. Payouts are processed through third-party payment providers engaged by Northstake; Northstake remains responsible for the Services as the CASP but is not responsible for delays attributable to your payment provider or bank.
11. RISK DISCLOSURE
11.1 By using the Services you acknowledge that:
(a) Digital Assets are highly volatile and may lose all or a significant part of their value; they are not legal tender, not backed by any government or central bank, and not covered by any deposit-insurance or investor-protection scheme;
(b) blockchain transactions are final, irreversible and subject to delays, reorganisations and technical errors; Northstake is not responsible for losses caused by network congestion, Network Fees or third-party wallet issues;
(c) Northstake does not guarantee the price, liquidity or usability of any Digital Asset and does not provide investment, legal or tax advice;
(d) regulatory or protocol changes (including forks) may materially affect the legality, use or value of Digital Assets; and
(e) Digital Assets may be subject to cyberattacks, theft, fraud, technical failures or protocol changes that could result in partial or total loss.
11.2 You use the Services at your own risk and are solely responsible for losses arising from market conditions, technical errors or compliance-related actions.
11.3 You are solely responsible for determining, reporting and paying any taxes arising from your use of the Services. Northstake does not provide tax advice.
12. NON-CUSTODIAL SERVICE AND DELIVERY
12.1 The Services are non-custodial in respect of crypto-assets. Northstake does not hold your crypto-assets on your behalf, does not hold or control your private keys, and does not provide a hosted-wallet service.
12.2 Digital Assets are delivered directly to a Wallet provided and controlled by you. You are solely responsible for ensuring the Wallet address is correct, accessible and compatible. Where required by Regulation (EU) 2023/1113, Northstake may require you to verify ownership or control of your Wallet, and may withhold delivery until that verification is complete.
12.3 Northstake assumes no responsibility for loss resulting from incorrect Wallet addresses, lost access to wallets or private keys, or wallets incompatible with the asset or network used.
13. ELECTRONIC COMMUNICATIONS
13.1 You agree that all legally required disclosures, notices, receipts and other communications may be provided electronically (by email, through the Platform, or by posting on the website), and that such communications are "in writing".
14. PROHIBITED USE
14.1 You must not use the Services to: (a) violate any law, regulation or sanctions; (b) interfere with or overload systems, transmit malware, or gain unauthorised access; (c) harass, defame or infringe others' rights; (d) provide false or misleading information or commit fraud; (e) conduct unlawful gambling; (f) infringe intellectual property or use Northstake's brands without authorisation; (g) transact in narcotics, stolen goods, weapons, obscene or hate materials, or other unlawful items; or (h) support pyramid/ponzi schemes, unlicensed financial services, bribery or corruption.
14.2 Northstake may suspend or terminate access where it determines, in its discretion, that your activity breaches this Section or applicable law.
15. TERMINATION AND ACCOUNT CLOSURE
15.1 You may close your Account at any time, subject to completion of pending Transactions.
15.2 Northstake may suspend or terminate Accounts for breach of these Terms, unlawful activity, or at the request of a competent authority, and may close Accounts inactive for six (6) months.
15.3 Termination does not affect accrued rights to fees or amounts owed for prior Transactions.
16. INTELLECTUAL PROPERTY
16.1 All content on the Platform (text, software, code, graphics, logos, designs, trademarks, trade names and data) is the property of Northstake or its licensors and is protected by EU and international intellectual property law.
16.2 You may not use, copy or imitate Northstake's names, marks or logos, and may not reproduce, distribute, modify or create derivative works from any material on the Platform, without Northstake's prior written consent, except as permitted by law.
16.3 You retain ownership of content you submit, and grant Northstake a worldwide, royalty-free licence to use it as necessary to operate the Services. Feedback you provide may be used by Northstake without obligation.
17. DATA PROTECTION AND PRIVACY
17.1 Northstake is the data controller for personal data processed in connection with the Services and processes it in accordance with the GDPR and applicable law.
17.2 Personal data is processed on one or more lawful bases: performance of the contract; compliance with legal obligations (including AML/KYC); legitimate interests; or consent where required.
17.3 You have the rights of access, rectification, erasure, restriction, objection, portability and withdrawal of consent under the GDPR, and the right to lodge a complaint with a supervisory authority.
17.4 Personal data is retained as required to provide the Services and meet legal obligations (generally up to 5 years after the end of the relationship, unless a longer period is required by law).
17.5 For full details, see Northstake's Privacy Policy. Data-protection queries may be directed to the contact stated in the Privacy Policy.
18. COMPLAINTS AND DISPUTE RESOLUTION
18.1 How to file a complaint. You may file a complaint, free of charge, by emailing complaints@northstake.dk or by contacting your usual contact person at Northstake. Please include your full name and client reference (if known), the date and a description of the transaction or interaction concerned, and a description of the issue and the outcome you are seeking.
18.2 How Northstake handles complaints. Northstake will acknowledge your complaint within one (1) week of receipt, investigate it fairly, and communicate the outcome within four (4) weeks of receipt. Where, in extraordinary circumstances, the complaint cannot be resolved within four weeks, Northstake will notify you of the delay and its reasons, provide a status update, and resolve the complaint no later than eight (8) weeks from receipt.
18.3 If you are not satisfied with the outcome, you may refer your complaint to det finansielle ankenævn (the Danish Financial Complaint Board, www.fanke.dk.
19. LIMITATION OF LIABILITY
19.1 To the maximum extent permitted by law, Northstake and its officers, directors, employees, agents and service providers are not liable for indirect, incidental, special, punitive or consequential damages, including lost profits, business, revenue, goodwill, or loss or corruption of data.
19.2 Damages will not be payable in the form of Digital Assets, and any valuation of Digital Asset damages will use the lowest value of the asset between accrual of the claim and the award.
19.3 Northstake is not liable for losses arising from blockchain malfunction (including forks, replay/double-spend/Sybil/51% attacks, consensus changes, hacking), changes in asset value, changes in law, force majeure, or failures of third-party systems or networks.
19.4 Subject to §19.6, Northstake's aggregate liability for any claim is limited to the lesser of (a) EUR 50,000 or (b) the total fees paid by you in the three (3) months preceding the claim. For consumers, this monetary cap applies only to the extent permitted by mandatory Danish consumer law.
19.5 These limitations apply regardless of the legal theory of liability.
19.6 Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot be excluded under applicable law. EU consumers retain their mandatory statutory rights, including the right to services provided with reasonable care and skill and to remedies where the Services do not conform.
20. INDEMNIFICATION
20.1 You agree to indemnify Northstake against claims, losses and reasonable costs arising from your misuse of the Services, your breach of these Terms or applicable law, false information you provide, your infringement of third-party rights, or use of your Account by a third party to the extent attributable to your acts or omissions. This does not apply to the extent a loss results from Northstake's gross negligence or wilful misconduct. This obligation survives termination.
21. GOVERNING LAW AND JURISDICTION
21.1 These Terms are governed by the laws of the Kingdom of Denmark, without regard to conflict-of-law principles, unless mandatory consumer-protection or other local laws in your jurisdiction require otherwise.
21.2 Disputes are subject to the exclusive jurisdiction of the Copenhagen City Court (Københavns Byret), except where mandatory consumer-protection laws allow you to bring proceedings in your local courts.
21.3 Nothing in this Section affects your mandatory rights as a consumer.
22. GENERAL PROVISIONS
22.1 These Terms and the Privacy Policy constitute the entire agreement between you and Northstake regarding the Services.
22.2 You may not assign these Terms without Northstake's prior written consent. Northstake may assign these Terms to a group company that holds the necessary authorisation, or as permitted by law.
22.3 Failure to enforce a right is not a waiver. If any provision is unenforceable, the remainder continues in effect.
22.4 Northstake is not liable for delays or failures caused by events beyond its reasonable control.
22.5 Communications and notices may be delivered electronically via the Platform or your registered email.
22.6 Northstake may modify these Terms by posting an updated version,and, for material changes affecting consumers, will give reasonable prior notice by email or through the Platform; such changes take effect on the date stated in the notice (or as required by applicable consumer law), and you may terminate before they take effect. If you do not agree, your remedy is to stop using the Services and close your Account.
22.7 These Terms are provided in English. Where Northstake provides a translation, the English version prevails, unless mandatory law in your jurisdiction requires otherwise