Terms And Conditions

I. Legally Binding Agreement and Acceptance

By accessing, registering for, or using the MiCA Check application and services (the "Service" or "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and o10ticity / MiCA Check ("Company," "we," "us," or "our"). You will refer to the contact section of our webpage for further information and contact details.

II. Eligibility and Target Users

The Service is exclusively a Business-to-Business (B2B) platform. Target users include Crypto-asset service providers (CASPs), Token issuers, and Financial institutions with crypto-asset activities, as well as marketing and other service providers for the above mentioned companies (secondary users).

By using the Service, you represent that you are either a natural person providing services in crypto assets or a duly appointed representative of a legal entity, using the Service for your own commercial benefit. You confirm you are in a mental state that allows you to fully understand the risks, rights, and obligations concerning the use of the Service.

III. Description of the Service

MiCA Check is a B2B cloud‑based compliance automation tool designed for businesses operating under the European Union's Markets in Crypto‑Assets (MiCA) regulation. It functions strictly as an analytical SaaS platform focused on marketing compliance.

The software allows users to input marketing content (text, images, videos, white papers) to receive an automated analysis of alignment with MiCA's marketing rules and ESMA guidelines. The platform:

Flags potential regulatory violations or potentially non-compliant phrases.
Identifies missing mandatory disclosures.
Suggests actionable textual remediation.
Generates downloadable compliance reports for team collaboration.

Risk & Operational Profile:

No Financial Processing: No financial transactions are processed through the software.
No Custody or Trading: We do not hold, transfer, or manage customer funds or crypto-assets, nor do we execute trades.
Data Processing: Users provide their own marketing text and receive an automated compliance analysis in return.

IV. Accounts and Security

You must register with a valid email account to access the Service. A verification code will be forwarded to your account, unless automatically verified. You are responsible for all activity that occurs under your account.

While we make reasonable efforts to ensure our webpage is safe and secure, we cannot guarantee that our website will not be compromised by malicious third parties. You agree that any damages or losses resulting from such events are not the responsibility of the Company or its partners.

V. Acceptable Use Policy

You agree to use the Service solely for lawful purposes. You may analyze, copy, modify, and re-analyze marketing content for your line of work or other non-commercial purposes.

Prohibited Conduct: You agree not to, and shall not permit any third party to:

Reverse Engineering: Copy, modify, create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code or underlying compliance logic, algorithms, or AI prompts.
Competitive Use: Access the Service to build a competitive product or to "benchmark" our analysis for developing similar software.
Automated Scraping: Use any robot, spider, or automated device to access the Service without our prior written consent.
System Abuse: Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Service or connected servers.
Circumvention of Limits: Attempt to bypass limits associated with your subscription tier, including sharing credentials across unauthorized teams.
Commercial Exploitation: Provide access to the Service to third parties on a commercial basis or use the Service as an advertisement element without written consent.
Malicious Intent: Use the Service to publicly shame, slander, or expose competitors, third parties, or service partners.

Content Standards: You represent that the marketing content you submit is public, or you hold the necessary rights to it. It must not violate any laws, infringe on intellectual property rights, or be defamatory, obscene, or abusive. We reserve the right to remove or refuse to process any User Content at our sole discretion.

VI. Payment Terms, Subscriptions, and Cancellation

6.1 Subscription and Billing Cycle

Access to premium features is provided on a recurring subscription basis. By selecting a subscription plan, you agree to pay the applicable fees upfront for the upcoming billing cycle. A standard billing cycle constitutes a one-month period commencing on the date your initial payment is successfully processed. Unless explicitly canceled, your subscription will automatically renew at the end of each billing cycle, and your designated payment method will be charged the applicable upfront fee.

6.2 Cancellation Policy

You may cancel your subscription at any time through your account settings or by contacting support. Upon cancellation, automatic renewal will be disabled. Cancellation does not take effect immediately; your account will remain active, and you will retain full access to premium features until the conclusion of your current, paid billing cycle.

6.3 Non-Refundable Fees

All payments made are strictly non-refundable due to the immediate access to intellectual property and computational resources. We do not provide prorated refunds, partial credits for partially used billing cycles, or refunds for inactive accounts.

6.4 EU Right of Withdrawal

If you are a consumer based in the European Union, you have the right to withdraw from this agreement within 14 days without giving any reason. However, you explicitly agree that by initiating an AI analysis or accessing premium content during this 14-day period, you are requesting immediate performance of the contract and acknowledge that you lose your right of withdrawal once the digital content is provided.

6.5 Payment Processing and Default

All fees are securely processed through third-party providers. If a scheduled payment fails or is declined, we reserve the right to suspend or terminate your access. We reserve the right to change payments and fees without prior notification; however, you may choose to discontinue usage without additional cost. Unused funds for pre-paid services that we discontinue will be reimbursed.

6.6 Technical Malfunctions

In the event of a verified technical failure where the Service fails to provide a report after payment, we will attempt to credit your account with a replacement analysis. If unresolved, a full refund for that specific transaction will be issued.

VII. Use of Artificial Intelligence (AI Notice)

The Service relies on Artificial Intelligence as an integral, low-risk supporting tool. The AI operates as a collaborative co-pilot to assist your compliance teams, but relies on black-box modeling; while we cannot provide complete explainability of the AI scoring, it will guide you toward missing or unaligned elements based on MiCA regulations.

AI & Technical Limitations:

Third-Party Infrastructure: We utilize third-party providers (including Base44). Intermittent downtime or service interruptions may occur.
Latency & Throttling: High volume may subject complex documents to processing delays.
Video Constraints: Video analysis is currently limited to files or segments of a maximum 10-minute duration.
File Formatting: Requires accessible links or high-resolution uploads. Password-protected or low-quality files may fail.
Algorithmic Consistency & Hallucinations: AI outputs are probabilistic. Results may vary, and the AI may 'hallucinate' or provide technically inaccurate answers.
Indicative Scoring: We use numerical scores and gradients (red/green) for visualization. These are strictly indicative and do not represent a testimony of regulatory sufficiency.
No Real-Time Updates: There may be delays in integrating new ESMA guidelines or MiCA amendments into the AI logic.

User Acknowledgment: You must not over-rely on AI outcomes. Final responsibility for verifying accuracy, especially for decisions with financial implications, rests solely with you and your qualified compliance team. You may report false positives/negatives to help us improve the system.

VIII. Disclaimers

8.1 No Legal Advice or Compliance Guarantee

MiCA Check is a software provider, not a regulatory authority. Our automated text, image, video, and white paper analyses are for informational purposes only. Use of the Service does not create an attorney-client relationship. We do not warrant that our Service ensures absolute compliance with MiCA or other laws. You remain solely responsible for your legal compliance, and we recommend all materials be reviewed by qualified legal counsel prior to publication.

8.2 No Investment Advice

The Service and this website do not provide investment advice. Nothing generated by the Service should be considered an enticement to purchase or sell any token, security, or asset. You agree that we have no liability for losses of funds or equivalent value due to your financial decisions, regardless of our analysis.

8.3 Factuality Disclaimer

The Service does not verify the truthfulness or factuality of the statements made in your marketing communications. We take no responsibility for the claims of third parties.

IX. Intellectual Property

All platform materials, generated designs, and the underlying intellectual property associated with the Service are our property. We may change the content of the website at any time without notice. You may use the generated reports and analysis for your internal business operations, but you may not resell them or utilize them for commercial exploitation without a separate written agreement.

X. Limitation of Liability and Indemnification

10.1 Limitation of Liability

IN NO EVENT SHALL MICA CHECK, ITS AFFILIATES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL).

SPECIFICALLY, MICA CHECK ASSUMES NO LIABILITY FOR ANY REGULATORY FINES, PENALTIES, OR LEGAL CLAIMS BROUGHT AGAINST YOU BY ANY GOVERNMENTAL AUTHORITY (INCLUDING ESMA OR NATIONAL REGULATORS) RESULTING FROM YOUR MARKETING ACTIVITIES OR FAILURE TO COMPLY WITH MICA.

THE TOTAL AGGREGATE LIABILITY OF MICA CHECK FOR ANY CLAIMS ARISING OUT OF THESE TERMS SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO MICA CHECK DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10.2 Indemnification

You agree to defend, indemnify, and hold harmless MiCA Check and its affiliates from any claims, damages, losses, or costs (including reasonable attorneys' fees) arising from:

Your uploaded User Content.
Regulatory non-compliance or enforcement actions related to your promotional materials.
Your breach of these Terms.
Your violation of any third-party rights (including intellectual property or privacy).

XI. Termination

Termination by You: You may terminate your account and use of the Service at any time without prior notice.
Termination by Us: We reserve the right to terminate your account, any feature, or the entire Service if you use it for illegal activities, breach these Terms, or upon the expiration of your payment terms. We also reserve the right to withhold funds transferred to us as compensation for damages caused by your misuse of the Service.

XII. Governing Law and Dispute Resolution

These Terms of Service are governed by the laws of North Macedonia.

You agree that any disputes arising from these Terms will be decided by binding mediation in accordance with the EU legislation in force. The mediator will be based in North Macedonia. Before the ruling, each party will cover its own costs; the mediator will ultimately attribute costs for the mediation.

XIII. Miscellaneous

Severability: If any part of this agreement is found to be invalid, the rest remains in full effect.
Assignment: We may transfer our rights and obligations to another entity without notification, provided it does not disrupt the Service. You may not transfer your rights under these Terms without our prior written authorization.
Language: All communications between parties will be in English.
Privacy and Right to be Forgotten: Your data rights are outlined in our Privacy Policy, including your right to be forgotten.
Cookies: We use cookies to track site usage and improve visitor experience. There are necessary and recommended cookies, and you may adjust your preferences during your visit.

XIV. Affiliate Program Terms & Conditions

14.1 Program Participation & Eligibility

By registering for the MiCA Check Affiliate Program through our third-party Merchant of Record (PayPro Global), you agree to be bound by these specific Affiliate Terms. We reserve the right to review, approve, or reject any affiliate application at our sole discretion.

14.2 Tiered Commission Structure & Payout Limits

Performance-Based Tiers: Approved affiliates earn a recurring commission percentage scaled according to the total number of active, paying subscribers currently tied to their affiliate account:

Tier 1: 1 to 20 active subscribers — 25% commission
Tier 2: 21 or more active subscribers — 30% commission

Net Revenue Calculation (Promotions & Discounts): Commission percentages are calculated exclusively on the final, net revenue collected from the referred customer at checkout. If a customer applies a trade marketing promotion, a limited-time offer, a coupon code, or selects a discounted annual billing plan, the affiliate's commission will be calculated based on that reduced, final purchase price rather than the standard base price of the subscription.

Dynamic Recalculation: Commission rates are dynamic. If an affiliate reaches a higher tier, the new percentage applies to all active subscribers under that affiliate for their remaining eligible period. Conversely, if referrals churn and the total number of active subscribers drops into a lower bracket, the commission rate for all remaining active accounts will be automatically downgraded to that lower tier's percentage.

Duration Limit: Commissions are strictly limited to each referred customer's first year (365 days) of active subscription.

Billing Cycles: For monthly plans, commissions apply to a maximum of 12 consecutive monthly billing cycles. For annual plans, commissions apply only to the initial first-year purchase.

Minimum Payout Threshold: Affiliates must accrue a minimum balance of $50 (or equivalent currency) in approved commissions before a payout can be initiated.

Self-Referrals: You are strictly prohibited from purchasing MiCA Check subscriptions through your own affiliate tracking link. Self-referral accounts will be permanently banned, and all historical or active commissions will be forfeited.

14.3 Marketing Restrictions & Compliance Disclaimer

Because MiCA Check is a regulatory compliance software tool, inaccurate marketing can cause harm. Affiliates must strictly adhere to the following:

No Guarantees: Affiliates must never state or imply that using MiCA Check guarantees a customer will pass external regulatory audits, or that the software provides definitive, official legal certification.
Prohibited Channels: Affiliate links must not be distributed via unsolicited spam, automated social media bots, or inside unauthorized crypto-related Telegram channels, Discord servers, or forums.
Branded PPC Bidding (Search Arbitrage): Affiliates are prohibited from bidding on pay-per-click (PPC) keywords or search terms containing "MiCA Check", "micacheck.com", or any variations/misspellings thereof on search engines (e.g., Google Ads, Bing Ads).
Good name and reputation: Affiliates are obligated to keep the good name and reputation of MiCA Check and its contracting partners, and customers at any time, including after the payment links between the Affiliates and MiCA Check are severed.
Always follow the best practices and legal compliance: Affiliates are expected to meticulously follow the legal obligations and best practices in their respective jurisdictions. Affiliates are to treat customers, other affiliates and contractual partners with due care and respect.

14.4 Tracking & Cookie Attribution

PayPro Global utilizes tracking cookies with a 30-day expiration window to attribute sales.
Attribution operates strictly on a "Last-Click" basis. If a user clicks multiple affiliate links, the last link clicked prior to checkout receives the credit.
MiCA Check is not responsible for tracking failures resulting from a user's cookie deletion, ad-blockers, or browser privacy settings.

14.5 Termination & Forfeiture

We reserve the right to terminate any affiliate agreement at any time, with or without cause. Any breach of this section — including deceptive marketing, trademark bidding, or self-referral attempts — will result in immediate termination of your affiliate status and the total forfeiture of all accrued, unpaid commissions.

14.6 Dispute Resolution

The Dispute resolution mechanisms between us and any Affiliate will follow the procedures set in these Terms and Conditions.

14.7 Relations with third parties

The Affiliate will be bound by the contracts between MiCA Checks and third parties, so far as confidentiality, settlement and data protection are concerned and those clauses do not bring financial obligations to the Affiliate.

Terms of Service for MiCA Check