Terms and Conditions
Effective date: 04 March 2026
Last updated: 08 July 2026
Last updated: 08 July 2026
1. Introduction and key documents
1.1 These terms and conditions (the Terms) set out the basis on which you may access and use the
Orchid website, web application, mobile application and any related interfaces, dashboards, APIs and
support tools made available by Orchid (together, the Platform).
1.2 These Terms explain, among other things:
(a) how you may access and use the Platform;
(b) the respective roles of Orchid Holding GmbH trading as Orchid, Kanzum Pay Limited and
other service partners;
(c) how certain payment, foreign exchange, account, card and related financial services may be made
available through or in connection with the Platform;
(d) how any cryptoasset or digital-asset services, if offered, may be made available through third-party
providers; and
(e) important legal rights, restrictions, disclosures and risk warnings that apply to your use of the
Platform.
1.3 These Terms are to be read together with the following documents, each as amended from time to
time:
(a) the Orchid Privacy Policy;
(b) the Orchid Crypto Risk Disclosure in Appendix B, where Crypto Services are made available;
(c) the Orchid Acceptable Use Policy in Appendix C; and
(d) any Partner Terms and product-specific disclosures presented to you in connection with a
particular service, provider, region or product flow.
1.4 Together, these Terms and the documents referred to in Clause 1.3 form the agreement between
you and Orchid in respect of your use of the Platform and any Orchid-provided services (the
Agreement).
1.5 In the event of any conflict or inconsistency:
(a) between these Terms and the Partner Terms in relation to a service provided by Kanzum or
another Service Partner, the Partner Terms and any mandatory product disclosures for that service
shall prevail to the extent of the conflict;
(b) between these Terms and the Orchid Privacy Policy, the document that more specifically governs
the relevant data-processing issue shall prevail to the extent of the inconsistency; and
(c) between the body of these Terms and an Appendix, the body of these Terms shall prevail unless
the Appendix expressly states otherwise.
1.6 The Platform is operated by Orchid Holding GmbH, trading as Orchid, a company
incorporated in Zug, Switzerland, with registered address at Bahnhofstrasse 21, 6300 Zug,
Switzerland
(Orchid, we, us, our).
1.7 Certain regulated payment and related financial services made available through or in connection
with the Platform are provided under the legal and regulatory framework of Kanzum Pay Limited, a
company registered in British Columbia, Canada under company number BC1400258, with registered
address at 305 Suite, South Tower, 5811 Cooney Road, Richmond, BC V6X 3M1, Canada (Kanzum),
and/or duly authorised Banking Partners or other Service Partners. Those services may be subject to
additional Partner Terms and regulatory disclosures.
1.8 References to you and your in these Terms are to:
(a) a natural person using the Platform for their own purposes (Individual User); or
(b) a legal entity or other organisation using the Platform (Business User).
1.9 Where a clause applies only to Individual Users, only to Consumers or only to Business Users, this
is expressly stated.
1.10 By clicking I agree, Accept or a similar button, creating an account, accessing or using the
Platform, or otherwise indicating acceptance, you acknowledge that you have read, understood and
agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the
Platform.
Orchid website, web application, mobile application and any related interfaces, dashboards, APIs and
support tools made available by Orchid (together, the Platform).
1.2 These Terms explain, among other things:
(a) how you may access and use the Platform;
(b) the respective roles of Orchid Holding GmbH trading as Orchid, Kanzum Pay Limited and
other service partners;
(c) how certain payment, foreign exchange, account, card and related financial services may be made
available through or in connection with the Platform;
(d) how any cryptoasset or digital-asset services, if offered, may be made available through third-party
providers; and
(e) important legal rights, restrictions, disclosures and risk warnings that apply to your use of the
Platform.
1.3 These Terms are to be read together with the following documents, each as amended from time to
time:
(a) the Orchid Privacy Policy;
(b) the Orchid Crypto Risk Disclosure in Appendix B, where Crypto Services are made available;
(c) the Orchid Acceptable Use Policy in Appendix C; and
(d) any Partner Terms and product-specific disclosures presented to you in connection with a
particular service, provider, region or product flow.
1.4 Together, these Terms and the documents referred to in Clause 1.3 form the agreement between
you and Orchid in respect of your use of the Platform and any Orchid-provided services (the
Agreement).
1.5 In the event of any conflict or inconsistency:
(a) between these Terms and the Partner Terms in relation to a service provided by Kanzum or
another Service Partner, the Partner Terms and any mandatory product disclosures for that service
shall prevail to the extent of the conflict;
(b) between these Terms and the Orchid Privacy Policy, the document that more specifically governs
the relevant data-processing issue shall prevail to the extent of the inconsistency; and
(c) between the body of these Terms and an Appendix, the body of these Terms shall prevail unless
the Appendix expressly states otherwise.
1.6 The Platform is operated by Orchid Holding GmbH, trading as Orchid, a company
incorporated in Zug, Switzerland, with registered address at Bahnhofstrasse 21, 6300 Zug,
Switzerland
(Orchid, we, us, our).
1.7 Certain regulated payment and related financial services made available through or in connection
with the Platform are provided under the legal and regulatory framework of Kanzum Pay Limited, a
company registered in British Columbia, Canada under company number BC1400258, with registered
address at 305 Suite, South Tower, 5811 Cooney Road, Richmond, BC V6X 3M1, Canada (Kanzum),
and/or duly authorised Banking Partners or other Service Partners. Those services may be subject to
additional Partner Terms and regulatory disclosures.
1.8 References to you and your in these Terms are to:
(a) a natural person using the Platform for their own purposes (Individual User); or
(b) a legal entity or other organisation using the Platform (Business User).
1.9 Where a clause applies only to Individual Users, only to Consumers or only to Business Users, this
is expressly stated.
1.10 By clicking I agree, Accept or a similar button, creating an account, accessing or using the
Platform, or otherwise indicating acceptance, you acknowledge that you have read, understood and
agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the
Platform.
2. Definitions
2.1 In these Terms, the following expressions have the meanings set out below:
"Banking Partners" means duly authorised banks, payment institutions, e-money institutions, card
issuers, settlement providers or other regulated financial institutions that provide services in
connection with Fiat Services.
"Business Day" means a day other than a Saturday, Sunday or public holiday on which banks are
generally open for business in Switzerland and, where relevant to the service flow, in the jurisdiction of
the relevant Service Partner.
"Consumer" means an Individual User acting wholly or mainly for purposes outside that person's
trade, business or profession.
"Credentials" means usernames, passwords, one-time codes, API keys, device credentials, security
tokens, biometric factors or other authentication methods used to access the Platform.
"Crypto Partners" means one or more third-party providers of cryptoasset or digital-asset services
whose services are made available to you via or in connection with the Platform.
"Crypto Services" means services involving the buying, selling, exchanging, transferring, staking,
holding, custody or other dealing in cryptoassets or digital assets, where and to the extent made
available through the Platform or associated service flows.
"Fiat Services" means payment, account, e-money, card, FX, settlement and other fiat-money
services made available through or in connection with the Platform by Kanzum and/or Banking
Partners.
"Partner Terms" means the terms and conditions, product terms, privacy notices, disclosures,
acceptable-use policies and other contractual documentation issued by Kanzum, Banking Partners,
Crypto Partners or other Service Partners whose services you access via or in connection with the
Platform.
"Service Partners" means Kanzum, the Banking Partners, the Crypto Partners and any other third-
party providers whose services you access through or in connection with the Platform.
"User" means an Individual User or Business User, as the context requires.
2.2 Headings are for convenience only and do not affect interpretation. Words in the singular include
the plural and vice versa. References to including or includes mean including without limitation.
"Banking Partners" means duly authorised banks, payment institutions, e-money institutions, card
issuers, settlement providers or other regulated financial institutions that provide services in
connection with Fiat Services.
"Business Day" means a day other than a Saturday, Sunday or public holiday on which banks are
generally open for business in Switzerland and, where relevant to the service flow, in the jurisdiction of
the relevant Service Partner.
"Consumer" means an Individual User acting wholly or mainly for purposes outside that person's
trade, business or profession.
"Credentials" means usernames, passwords, one-time codes, API keys, device credentials, security
tokens, biometric factors or other authentication methods used to access the Platform.
"Crypto Partners" means one or more third-party providers of cryptoasset or digital-asset services
whose services are made available to you via or in connection with the Platform.
"Crypto Services" means services involving the buying, selling, exchanging, transferring, staking,
holding, custody or other dealing in cryptoassets or digital assets, where and to the extent made
available through the Platform or associated service flows.
"Fiat Services" means payment, account, e-money, card, FX, settlement and other fiat-money
services made available through or in connection with the Platform by Kanzum and/or Banking
Partners.
"Partner Terms" means the terms and conditions, product terms, privacy notices, disclosures,
acceptable-use policies and other contractual documentation issued by Kanzum, Banking Partners,
Crypto Partners or other Service Partners whose services you access via or in connection with the
Platform.
"Service Partners" means Kanzum, the Banking Partners, the Crypto Partners and any other third-
party providers whose services you access through or in connection with the Platform.
"User" means an Individual User or Business User, as the context requires.
2.2 Headings are for convenience only and do not affect interpretation. Words in the singular include
the plural and vice versa. References to including or includes mean including without limitation.
3. Orchid, Kanzum and Service Partner roles
3.1 Orchid provides and operates the Platform as a technology, interface, onboarding, workflow and
support layer. Unless expressly stated otherwise for a specific product, Orchid is your contractual
counterparty for access to and use of the Platform itself.
3.2 Kanzum and/or the relevant Banking Partners provide regulated payment and related financial
services in their own name, under their own legal and regulatory framework, and in accordance with
the applicable Partner Terms.
3.3 Where Crypto Services are made available, those services are provided by the relevant Crypto
Partner in accordance with the applicable Partner Terms and product-specific disclosures.
3.4 Orchid may, depending on the service flow:
(a) collect onboarding information and supporting documentation;
(b) transmit instructions, data and documents to Kanzum and other Service Partners;
(c) display account, balance, payment, card, foreign exchange, crypto and reporting information
supplied by Service Partners;
(d) provide customer support in relation to the Platform and coordinate with Service Partners
regarding service issues; and
(e) provide certain ancillary non-regulated services such as dashboards, reporting, reconciliations,
integrations, business tools and workflow automation.
3.5 Unless expressly stated otherwise in a specific product flow or mandatory disclosure:
(a) Orchid is not a bank;
(b) Orchid does not accept deposits;
(c) Orchid does not provide investment advice, portfolio management or personal recommendations;
(d) Orchid does not operate a trading venue or exchange; and
(e) Orchid does not itself hold customer fiat funds or cryptoassets, except to the extent expressly
disclosed for a particular service.
3.6 Where a service is provided by a Service Partner, that Service Partner is responsible for the
relevant regulated, operational and legal aspects of that service, including account opening,
transaction execution, safeguarding or custody arrangements, screening, reporting, service-specific
complaints handling and any mandatory disclosures required under its own legal framework.
3.7 You must read and accept any applicable Partner Terms before using the relevant service. Orchid
may condition access to a particular feature or provider on your acceptance of such Partner Terms.
3.8 Orchid is not responsible for any decision by Kanzum or another Service Partner to approve,
reject, restrict, suspend, terminate or condition a service, account, transaction or corridor, except to
the extent the issue results directly from Orchid's own breach of these Terms or its own willful
misconduct.
support layer. Unless expressly stated otherwise for a specific product, Orchid is your contractual
counterparty for access to and use of the Platform itself.
3.2 Kanzum and/or the relevant Banking Partners provide regulated payment and related financial
services in their own name, under their own legal and regulatory framework, and in accordance with
the applicable Partner Terms.
3.3 Where Crypto Services are made available, those services are provided by the relevant Crypto
Partner in accordance with the applicable Partner Terms and product-specific disclosures.
3.4 Orchid may, depending on the service flow:
(a) collect onboarding information and supporting documentation;
(b) transmit instructions, data and documents to Kanzum and other Service Partners;
(c) display account, balance, payment, card, foreign exchange, crypto and reporting information
supplied by Service Partners;
(d) provide customer support in relation to the Platform and coordinate with Service Partners
regarding service issues; and
(e) provide certain ancillary non-regulated services such as dashboards, reporting, reconciliations,
integrations, business tools and workflow automation.
3.5 Unless expressly stated otherwise in a specific product flow or mandatory disclosure:
(a) Orchid is not a bank;
(b) Orchid does not accept deposits;
(c) Orchid does not provide investment advice, portfolio management or personal recommendations;
(d) Orchid does not operate a trading venue or exchange; and
(e) Orchid does not itself hold customer fiat funds or cryptoassets, except to the extent expressly
disclosed for a particular service.
3.6 Where a service is provided by a Service Partner, that Service Partner is responsible for the
relevant regulated, operational and legal aspects of that service, including account opening,
transaction execution, safeguarding or custody arrangements, screening, reporting, service-specific
complaints handling and any mandatory disclosures required under its own legal framework.
3.7 You must read and accept any applicable Partner Terms before using the relevant service. Orchid
may condition access to a particular feature or provider on your acceptance of such Partner Terms.
3.8 Orchid is not responsible for any decision by Kanzum or another Service Partner to approve,
reject, restrict, suspend, terminate or condition a service, account, transaction or corridor, except to
the extent the issue results directly from Orchid's own breach of these Terms or its own willful
misconduct.
4. Territory and local law
4.1 Unless expressly notified otherwise, these Terms govern your relationship with Orchid in relation
to the Platform irrespective of your country of residence, nationality, place of incorporation or principal
place of business.
4.2 Your use of the Platform and of the services made available through it may be subject to local laws
and regulatory requirements in your country or in other relevant jurisdictions. Nothing in these Terms
is intended to exclude or limit any mandatory rights or protections that apply under such laws.
4.3 You must promptly notify us if you change your country of residence, nationality, place of
incorporation, principal place of business, beneficial ownership or other information relevant to
eligibility, sanctions, tax, licensing, consumer-protection or compliance assessments.
4.4 Orchid and/or the relevant Service Partners may restrict or disable access to the Platform or to
particular services in certain jurisdictions or for certain user categories where required or reasonably
necessary for legal, regulatory, sanctions, risk or operational reasons.
to the Platform irrespective of your country of residence, nationality, place of incorporation or principal
place of business.
4.2 Your use of the Platform and of the services made available through it may be subject to local laws
and regulatory requirements in your country or in other relevant jurisdictions. Nothing in these Terms
is intended to exclude or limit any mandatory rights or protections that apply under such laws.
4.3 You must promptly notify us if you change your country of residence, nationality, place of
incorporation, principal place of business, beneficial ownership or other information relevant to
eligibility, sanctions, tax, licensing, consumer-protection or compliance assessments.
4.4 Orchid and/or the relevant Service Partners may restrict or disable access to the Platform or to
particular services in certain jurisdictions or for certain user categories where required or reasonably
necessary for legal, regulatory, sanctions, risk or operational reasons.
5. Eligibility and onboarding
5.1 To use the Platform:
(a) an Individual User must be at least 18 years old (or any higher age required by applicable law),
have full legal capacity and not be prohibited from using the Platform or relevant services under
applicable law;
(b) a Business User must be duly incorporated or otherwise validly established and must ensure that
any person accepting these Terms or using the Platform on its behalf is duly authorised to do so.
5.2 You must provide true, accurate, complete and up-to-date information at onboarding and
thereafter whenever requested by Orchid, Kanzum or any other Service Partner, including information
required for know-your-customer, know-your-business, source-of-funds, source-of-wealth, sanctions,
anti-money laundering, counter-terrorist financing, fraud-prevention, tax and risk assessments.
5.3 You must promptly notify us of any material change to your information, including changes in
name, address, directors, controllers, beneficial owners, authorised users, business activities,
licensing status, source of funds or anticipated transaction profile.
5.4 Orchid and the Service Partners may request additional information or documentation at any time
and may suspend, reject or terminate access where necessary to comply with legal, regulatory,
security or internal risk requirements.
5.5 We are not required to disclose detailed reasons for a refusal, restriction or termination where
doing so would be unlawful, would prejudice fraud-prevention or security measures, or would conflict
with obligations owed to a regulator, law-enforcement authority or Service Partner.
5.6 Orchid may require certain accounts, including Business User accounts, to be funded with a
minimum activation amount before the account becomes fully operational or certain services are
enabled. The applicable activation amount, if any, will be disclosed during onboarding or in the
Platform. Orchid may restrict functionality or delay activation of an account until the required
activation funding has been received.
5.7 Orchid may require that an account maintains a minimum balance equivalent to the applicable
activation amount in order to access certain services. If the balance of an account falls below this
level, Orchid may restrict, suspend or limit access to some or all services until the balance
requirement is satisfied. Orchid will normally notify you through the Platform or by email where services
are restricted due to failure to maintain the applicable activation balance.
(a) an Individual User must be at least 18 years old (or any higher age required by applicable law),
have full legal capacity and not be prohibited from using the Platform or relevant services under
applicable law;
(b) a Business User must be duly incorporated or otherwise validly established and must ensure that
any person accepting these Terms or using the Platform on its behalf is duly authorised to do so.
5.2 You must provide true, accurate, complete and up-to-date information at onboarding and
thereafter whenever requested by Orchid, Kanzum or any other Service Partner, including information
required for know-your-customer, know-your-business, source-of-funds, source-of-wealth, sanctions,
anti-money laundering, counter-terrorist financing, fraud-prevention, tax and risk assessments.
5.3 You must promptly notify us of any material change to your information, including changes in
name, address, directors, controllers, beneficial owners, authorised users, business activities,
licensing status, source of funds or anticipated transaction profile.
5.4 Orchid and the Service Partners may request additional information or documentation at any time
and may suspend, reject or terminate access where necessary to comply with legal, regulatory,
security or internal risk requirements.
5.5 We are not required to disclose detailed reasons for a refusal, restriction or termination where
doing so would be unlawful, would prejudice fraud-prevention or security measures, or would conflict
with obligations owed to a regulator, law-enforcement authority or Service Partner.
5.6 Orchid may require certain accounts, including Business User accounts, to be funded with a
minimum activation amount before the account becomes fully operational or certain services are
enabled. The applicable activation amount, if any, will be disclosed during onboarding or in the
Platform. Orchid may restrict functionality or delay activation of an account until the required
activation funding has been received.
5.7 Orchid may require that an account maintains a minimum balance equivalent to the applicable
activation amount in order to access certain services. If the balance of an account falls below this
level, Orchid may restrict, suspend or limit access to some or all services until the balance
requirement is satisfied. Orchid will normally notify you through the Platform or by email where services
are restricted due to failure to maintain the applicable activation balance.
6. Accounts, access and security
6.1 You may be required to create an account and use Credentials to access the Platform.
6.2 You are responsible for maintaining the confidentiality and security of your Credentials and for all
activity carried out through your account or using your Credentials, except to the extent caused by our
own failure to maintain reasonable security over systems under our control.
6.3 Business Users must ensure that only duly authorised personnel, contractors or representatives
access the Platform on their behalf, and remain responsible for their acts and omissions as if they
were the acts and omissions of the Business User itself.
6.4 You must notify Orchid promptly at support@orchid.ch if you know or reasonably suspect that your
Credentials have been lost, stolen, misused or compromised, or that an unauthorised person has
accessed or may access your account.
6.5 Orchid may, without liability, suspend or disable access to the Platform where we reasonably
suspect unauthorised access, fraud, misuse, a security incident, a breach of these Terms or any
requirement to do so arising from law, a regulator or a Service Partner.
6.6 You are responsible for ensuring that the devices, software, APIs and network connections you
use to access the Platform are secure, supported and appropriately protected, including by using
current software versions, security patches and access controls.
6.2 You are responsible for maintaining the confidentiality and security of your Credentials and for all
activity carried out through your account or using your Credentials, except to the extent caused by our
own failure to maintain reasonable security over systems under our control.
6.3 Business Users must ensure that only duly authorised personnel, contractors or representatives
access the Platform on their behalf, and remain responsible for their acts and omissions as if they
were the acts and omissions of the Business User itself.
6.4 You must notify Orchid promptly at support@orchid.ch if you know or reasonably suspect that your
Credentials have been lost, stolen, misused or compromised, or that an unauthorised person has
accessed or may access your account.
6.5 Orchid may, without liability, suspend or disable access to the Platform where we reasonably
suspect unauthorised access, fraud, misuse, a security incident, a breach of these Terms or any
requirement to do so arising from law, a regulator or a Service Partner.
6.6 You are responsible for ensuring that the devices, software, APIs and network connections you
use to access the Platform are secure, supported and appropriately protected, including by using
current software versions, security patches and access controls.
7. Platform functionality and availability
7.1 Subject to these Terms, Orchid may provide access to Platform functionality including:
(a) account and user administration;
(b) onboarding, document upload and compliance workflows;
(c) dashboards, reporting, notifications and alerts;
(d) interfaces enabling you to submit, view or manage instructions for services provided by Service
Partners;
(e) reconciliations, integrations and other ancillary business tools; and
(f) customer support relating to the Platform and, where appropriate, coordination with Service
Partners.
7.2 Transaction execution, onboarding outcomes, cut-off times, currency availability, settlement
windows, card functionality, crypto execution, withdrawals, limits and other service functionality may
depend on Service Partners and may be delayed, suspended, refused or reversed where required by
law, sanctions, fraud controls, market conditions, liquidity, technical limitations or partner instructions.
7.3 Unless expressly agreed otherwise, any timings shown on the Platform are indicative only and are
not guaranteed.
7.4 Orchid may modify, enhance, suspend, discontinue or replace any aspect of the Platform where
reasonably necessary, including to maintain security, improve functionality, comply with law,
implement partner requirements, address defects or discontinue a product line.
7.5 The Platform is provided on an as available basis. We do not guarantee uninterrupted availability
or that every feature will be available in every jurisdiction, currency, corridor or product configuration.
(a) account and user administration;
(b) onboarding, document upload and compliance workflows;
(c) dashboards, reporting, notifications and alerts;
(d) interfaces enabling you to submit, view or manage instructions for services provided by Service
Partners;
(e) reconciliations, integrations and other ancillary business tools; and
(f) customer support relating to the Platform and, where appropriate, coordination with Service
Partners.
7.2 Transaction execution, onboarding outcomes, cut-off times, currency availability, settlement
windows, card functionality, crypto execution, withdrawals, limits and other service functionality may
depend on Service Partners and may be delayed, suspended, refused or reversed where required by
law, sanctions, fraud controls, market conditions, liquidity, technical limitations or partner instructions.
7.3 Unless expressly agreed otherwise, any timings shown on the Platform are indicative only and are
not guaranteed.
7.4 Orchid may modify, enhance, suspend, discontinue or replace any aspect of the Platform where
reasonably necessary, including to maintain security, improve functionality, comply with law,
implement partner requirements, address defects or discontinue a product line.
7.5 The Platform is provided on an as available basis. We do not guarantee uninterrupted availability
or that every feature will be available in every jurisdiction, currency, corridor or product configuration.
8. Fiat accounts, payments and foreign exchange
8.1 Any Fiat Services made available through or in connection with the Platform are provided directly
by Kanzum and/or the relevant Banking Partners under the applicable Partner Terms.
8.2 The relevant Service Partner is responsible, as applicable, for account issuance, e-money
issuance and redemption, payment execution, settlement, safeguarding, FX execution, chargeback
handling, card issuing, account statements, compliance controls, transaction monitoring and service-
specific complaints handling.
8.3 Unless expressly stated otherwise in the applicable Partner Terms, funds held in connection with
Fiat Services may be held as safeguarded funds or in operational accounts and may not benefit from
any deposit guarantee or compensation scheme applicable to traditional bank deposits.
8.4 Where safeguarding applies, funds are held by or through the relevant regulated provider or its
authorised banking partners in accordance with the legal and operational framework applicable to that
service. Orchid does not itself hold such safeguarded funds unless expressly disclosed otherwise.
8.5 Orchid may display balances, account information, payment status, FX quotations and transaction
history based on data received from Service Partners. In the event of a discrepancy, the records of the
relevant Service Partner will prevail unless manifestly incorrect.
8.6 Exchange rates displayed on the Platform may be indicative until a transaction is confirmed or
executed. The rate actually applied may differ because of market movement, spread, mark-up, partner
pricing, timing differences or corridor-specific costs.
8.7 Payment recalls, reversals, chargeback responses and recovery attempts are not guaranteed and
may depend on the rules of banks, schemes, intermediaries, counterparties and the applicable
Partner Terms.
8.8 Certain currencies, jurisdictions, payment corridors, counterparties or transaction types may be
restricted, enhanced reviewed or unavailable from time to time.
by Kanzum and/or the relevant Banking Partners under the applicable Partner Terms.
8.2 The relevant Service Partner is responsible, as applicable, for account issuance, e-money
issuance and redemption, payment execution, settlement, safeguarding, FX execution, chargeback
handling, card issuing, account statements, compliance controls, transaction monitoring and service-
specific complaints handling.
8.3 Unless expressly stated otherwise in the applicable Partner Terms, funds held in connection with
Fiat Services may be held as safeguarded funds or in operational accounts and may not benefit from
any deposit guarantee or compensation scheme applicable to traditional bank deposits.
8.4 Where safeguarding applies, funds are held by or through the relevant regulated provider or its
authorised banking partners in accordance with the legal and operational framework applicable to that
service. Orchid does not itself hold such safeguarded funds unless expressly disclosed otherwise.
8.5 Orchid may display balances, account information, payment status, FX quotations and transaction
history based on data received from Service Partners. In the event of a discrepancy, the records of the
relevant Service Partner will prevail unless manifestly incorrect.
8.6 Exchange rates displayed on the Platform may be indicative until a transaction is confirmed or
executed. The rate actually applied may differ because of market movement, spread, mark-up, partner
pricing, timing differences or corridor-specific costs.
8.7 Payment recalls, reversals, chargeback responses and recovery attempts are not guaranteed and
may depend on the rules of banks, schemes, intermediaries, counterparties and the applicable
Partner Terms.
8.8 Certain currencies, jurisdictions, payment corridors, counterparties or transaction types may be
restricted, enhanced reviewed or unavailable from time to time.
9. Crypto Services
9.1 This Clause 9 and Appendix B apply only if Crypto Services are made available to you through or
in connection with the Platform.
9.2 Any Crypto Services are provided directly by the relevant Crypto Partner in accordance with its
Partner Terms and product-specific disclosures.
9.3 Orchid does not issue cryptoassets, operate a crypto exchange or trading venue, provide
investment advice or recommendations, or act as custodian of cryptoassets unless expressly
disclosed otherwise for a specific service.
9.4 Cryptoassets held for you in connection with Crypto Services may be held by the relevant Crypto
Partner or its appointed custodian, including in omnibus or pooled wallets or on internal ledgers. You
may not receive a unique on-chain address or control the private keys, except where the product
specifically provides otherwise.
9.5 The records maintained by the relevant Crypto Partner or its custodian will constitute the definitive
record of your crypto holdings, transaction history and associated rights, subject to applicable law.
9.6 Networks, protocols and software supporting cryptoassets may be subject to forks, airdrops,
consensus changes, upgrades, outages or other events. Orchid has no control over such events. The
relevant Crypto Partner may decide, subject to its own policies, technical feasibility and applicable law,
whether and how to support, list, credit or distribute any resulting assets or rights.
9.7 The legal and regulatory status of cryptoassets varies by jurisdiction and may change rapidly.
Cryptoassets may not benefit from the protections that apply to bank deposits, e-money or regulated
investment products.
9.8 Before using any Crypto Services, you must read Appendix B and the applicable Partner Terms
and satisfy yourself that you understand the relevant risks.
9.9 You are solely responsible for ensuring that your purchase, holding, transfer or use of any
cryptoassets through the Crypto Services complies with all laws and regulations applicable in your
jurisdiction of residence, location or incorporation, including any restrictions or obligations relating to
cryptoasset trading, custody, taxation or reporting. Orchid does not represent or warrant that Crypto
Services are lawful or available in every jurisdiction and does not provide legal, tax or regulatory
advice. To the maximum extent permitted by law, Orchid shall not be liable for any loss, liability or
regulatory consequence arising from your failure to comply with applicable laws or regulations.
9.10 Crypto transactions may be subject to compliance monitoring by Orchid, the relevant Crypto
Partner or other Service Partners, including the use of blockchain analytics and risk-screening tools.
Transactions or wallet addresses that present sanctions, fraud, illicit-finance or other compliance risks
may be refused, delayed, restricted or reported to competent authorities where required by law.
in connection with the Platform.
9.2 Any Crypto Services are provided directly by the relevant Crypto Partner in accordance with its
Partner Terms and product-specific disclosures.
9.3 Orchid does not issue cryptoassets, operate a crypto exchange or trading venue, provide
investment advice or recommendations, or act as custodian of cryptoassets unless expressly
disclosed otherwise for a specific service.
9.4 Cryptoassets held for you in connection with Crypto Services may be held by the relevant Crypto
Partner or its appointed custodian, including in omnibus or pooled wallets or on internal ledgers. You
may not receive a unique on-chain address or control the private keys, except where the product
specifically provides otherwise.
9.5 The records maintained by the relevant Crypto Partner or its custodian will constitute the definitive
record of your crypto holdings, transaction history and associated rights, subject to applicable law.
9.6 Networks, protocols and software supporting cryptoassets may be subject to forks, airdrops,
consensus changes, upgrades, outages or other events. Orchid has no control over such events. The
relevant Crypto Partner may decide, subject to its own policies, technical feasibility and applicable law,
whether and how to support, list, credit or distribute any resulting assets or rights.
9.7 The legal and regulatory status of cryptoassets varies by jurisdiction and may change rapidly.
Cryptoassets may not benefit from the protections that apply to bank deposits, e-money or regulated
investment products.
9.8 Before using any Crypto Services, you must read Appendix B and the applicable Partner Terms
and satisfy yourself that you understand the relevant risks.
9.9 You are solely responsible for ensuring that your purchase, holding, transfer or use of any
cryptoassets through the Crypto Services complies with all laws and regulations applicable in your
jurisdiction of residence, location or incorporation, including any restrictions or obligations relating to
cryptoasset trading, custody, taxation or reporting. Orchid does not represent or warrant that Crypto
Services are lawful or available in every jurisdiction and does not provide legal, tax or regulatory
advice. To the maximum extent permitted by law, Orchid shall not be liable for any loss, liability or
regulatory consequence arising from your failure to comply with applicable laws or regulations.
9.10 Crypto transactions may be subject to compliance monitoring by Orchid, the relevant Crypto
Partner or other Service Partners, including the use of blockchain analytics and risk-screening tools.
Transactions or wallet addresses that present sanctions, fraud, illicit-finance or other compliance risks
may be refused, delayed, restricted or reported to competent authorities where required by law.
10. Consumers and mandatory rights
10.1 This Clause 10 applies where you are a Consumer.
10.2 Nothing in these Terms is intended to exclude or limit any rights that you have as a Consumer
under mandatory law, including the mandatory laws of your country of habitual residence where those
laws apply.
10.3 If any provision of these Terms would be invalid or unenforceable against you as a Consumer,
that provision shall apply only to the extent permitted by applicable law and the remainder of these
Terms shall continue in effect.
10.4 Before you use a regulated service, Orchid and/or the relevant Service Partner may provide pre-
contractual information, disclosures, fee information and rights notices through the Platform, through
Partner Terms or through separate product disclosures. You should read those documents carefully.
10.5 Complaints relating to the Platform should be addressed to Orchid in accordance with Clause 22.
Complaints relating primarily to a regulated service should be addressed to the relevant Service
Partner in accordance with the applicable Partner Terms.
10.2 Nothing in these Terms is intended to exclude or limit any rights that you have as a Consumer
under mandatory law, including the mandatory laws of your country of habitual residence where those
laws apply.
10.3 If any provision of these Terms would be invalid or unenforceable against you as a Consumer,
that provision shall apply only to the extent permitted by applicable law and the remainder of these
Terms shall continue in effect.
10.4 Before you use a regulated service, Orchid and/or the relevant Service Partner may provide pre-
contractual information, disclosures, fee information and rights notices through the Platform, through
Partner Terms or through separate product disclosures. You should read those documents carefully.
10.5 Complaints relating to the Platform should be addressed to Orchid in accordance with Clause 22.
Complaints relating primarily to a regulated service should be addressed to the relevant Service
Partner in accordance with the applicable Partner Terms.
11. Fees, pricing and taxes
You must pay all fees, spreads, charges, network costs and other amounts applicable to the
Services in accordance with the Pricing Schedule or other pricing arrangement agreed with you.
We may deduct from any balance, incoming amount, payout amount, converted amount or other
funds otherwise payable to you any amount you owe to us or to a provider in connection with the
Services, including:
onboarding, service and platform fees;
payment processing and settlement fees;
FX spread or conversion costs;
virtual currency network and provider fees;
return, rejection, amendment or investigation fees;
extraordinary manual-handling fees where separately agreed or disclosed; and
taxes, duties or governmental charges that we are required to collect or remit.
If your account shows a negative balance, shortfall or unpaid invoice for any reason, you must pay
the amount due immediately on demand.
In addition to our rights of deduction and set-off, we may withhold, hold back, ring-fence or place on
hold any funds, balances, incoming amounts, converted amounts or payout amounts (in whole or in
part), and may decline to release, transfer, settle, convert, pay out or make them available to you,
where we reasonably consider it necessary to cover or secure any actual or reasonably anticipated
chargeback, recall, return, reversal, refund, fine, penalty, claim, loss, cost, fee, tax or other liability,
or pending the outcome of any review, dispute, investigation or compliance process. We may
establish, increase, vary and maintain a reserve or rolling reserve for these purposes, in such
amount and for such period as we reasonably determine, and may fund it from amounts otherwise
payable to you.
We may recover any amount you owe us, or any negative balance or shortfall, from any balance,
incoming amount, reserve or future receipt under any Account or Service, or by any other lawful
means, without prior notice. Except where interest is required to be paid by applicable law, no
interest accrues, and we are not obliged to pay any interest, on any funds, balances or assets that
are withheld, held, reserved, frozen or restricted under these Terms.
You are responsible for all taxes, duties, levies and reporting obligations arising from your use of
the Services, except taxes imposed on our own net income.
Services in accordance with the Pricing Schedule or other pricing arrangement agreed with you.
We may deduct from any balance, incoming amount, payout amount, converted amount or other
funds otherwise payable to you any amount you owe to us or to a provider in connection with the
Services, including:
onboarding, service and platform fees;
payment processing and settlement fees;
FX spread or conversion costs;
virtual currency network and provider fees;
return, rejection, amendment or investigation fees;
extraordinary manual-handling fees where separately agreed or disclosed; and
taxes, duties or governmental charges that we are required to collect or remit.
If your account shows a negative balance, shortfall or unpaid invoice for any reason, you must pay
the amount due immediately on demand.
In addition to our rights of deduction and set-off, we may withhold, hold back, ring-fence or place on
hold any funds, balances, incoming amounts, converted amounts or payout amounts (in whole or in
part), and may decline to release, transfer, settle, convert, pay out or make them available to you,
where we reasonably consider it necessary to cover or secure any actual or reasonably anticipated
chargeback, recall, return, reversal, refund, fine, penalty, claim, loss, cost, fee, tax or other liability,
or pending the outcome of any review, dispute, investigation or compliance process. We may
establish, increase, vary and maintain a reserve or rolling reserve for these purposes, in such
amount and for such period as we reasonably determine, and may fund it from amounts otherwise
payable to you.
We may recover any amount you owe us, or any negative balance or shortfall, from any balance,
incoming amount, reserve or future receipt under any Account or Service, or by any other lawful
means, without prior notice. Except where interest is required to be paid by applicable law, no
interest accrues, and we are not obliged to pay any interest, on any funds, balances or assets that
are withheld, held, reserved, frozen or restricted under these Terms.
You are responsible for all taxes, duties, levies and reporting obligations arising from your use of
the Services, except taxes imposed on our own net income.
12. Acceptable use
12.1 You must not use the Platform or any service accessible through it:
(a) in any unlawful, fraudulent, deceptive or abusive manner;
(b) in breach of sanctions, anti-money laundering, counter-terrorist financing, anti-bribery, export-
control or similar laws;
(c) in connection with any prohibited or restricted activity described in Appendix C, in the Partner
Terms or in any compliance notice communicated to you;
(d) to interfere with, probe, disrupt, damage or gain unauthorised access to any system, account,
device, data, API or security control; or
(e) in a manner that infringes intellectual property, confidentiality, privacy or other rights of Orchid, a
Service Partner or any third party.
12.2 Orchid and the Service Partners may monitor activity on the Platform and may request additional
information or documentation to assess compliance, fraud, security and risk issues.
12.3 A breach of this Clause 12 or Appendix C may result in refusal, suspension, termination,
reporting to authorities or any other action permitted by these Terms or applicable law.
(a) in any unlawful, fraudulent, deceptive or abusive manner;
(b) in breach of sanctions, anti-money laundering, counter-terrorist financing, anti-bribery, export-
control or similar laws;
(c) in connection with any prohibited or restricted activity described in Appendix C, in the Partner
Terms or in any compliance notice communicated to you;
(d) to interfere with, probe, disrupt, damage or gain unauthorised access to any system, account,
device, data, API or security control; or
(e) in a manner that infringes intellectual property, confidentiality, privacy or other rights of Orchid, a
Service Partner or any third party.
12.2 Orchid and the Service Partners may monitor activity on the Platform and may request additional
information or documentation to assess compliance, fraud, security and risk issues.
12.3 A breach of this Clause 12 or Appendix C may result in refusal, suspension, termination,
reporting to authorities or any other action permitted by these Terms or applicable law.
13. Third-party services and funding methods
13.1 The Platform may provide access to or integrate with third-party services, tools, APIs, card
processors, banks, payment methods, accounting systems, ERP systems or identity-verification tools.
Your use of such services may be subject to separate terms and policies.
13.2 Orchid does not guarantee the availability, performance or outcome of any third-party funding
method, payment rail, card scheme, banking connection or external service and is not liable for losses
caused solely by the acts, omissions or insolvency of such third parties, except to the extent required
by law or caused by Orchid's own breach of these Terms.
13.3 Third-party providers may share data with Orchid and the Service Partners where necessary to
operate the Platform and the relevant service flows. Such data will be processed in accordance with
the Orchid Privacy Policy and any applicable third-party privacy notices.
processors, banks, payment methods, accounting systems, ERP systems or identity-verification tools.
Your use of such services may be subject to separate terms and policies.
13.2 Orchid does not guarantee the availability, performance or outcome of any third-party funding
method, payment rail, card scheme, banking connection or external service and is not liable for losses
caused solely by the acts, omissions or insolvency of such third parties, except to the extent required
by law or caused by Orchid's own breach of these Terms.
13.3 Third-party providers may share data with Orchid and the Service Partners where necessary to
operate the Platform and the relevant service flows. Such data will be processed in accordance with
the Orchid Privacy Policy and any applicable third-party privacy notices.
14. Intellectual property
14.1 All intellectual property rights in and to the Platform, including software, source code, APIs,
interfaces, text, graphics, logos, trade marks, designs, documents, reports and related materials, are
owned by Orchid or its licensors.
14.2 Subject to your continued compliance with these Terms, Orchid grants you a non-exclusive, non-
transferable, revocable, limited licence to access and use the Platform for your own personal use or
internal business purposes, solely for the purposes contemplated by these Terms and the applicable
Partner Terms.
14.3 You must not:
(a) copy, modify, adapt, translate, create derivative works from, decompile, reverse engineer or
otherwise attempt to derive source code from the Platform, except to the extent a restriction is
prohibited by applicable law;
(b) remove, obscure or alter any copyright, trade mark or proprietary notice;
(c) use Orchid's trade names, logos or marks without prior written consent; or
(d) use the Platform to build, train or improve a competing product or service except to the extent
expressly authorised by us in writing.
14.4 All rights not expressly granted are reserved.
interfaces, text, graphics, logos, trade marks, designs, documents, reports and related materials, are
owned by Orchid or its licensors.
14.2 Subject to your continued compliance with these Terms, Orchid grants you a non-exclusive, non-
transferable, revocable, limited licence to access and use the Platform for your own personal use or
internal business purposes, solely for the purposes contemplated by these Terms and the applicable
Partner Terms.
14.3 You must not:
(a) copy, modify, adapt, translate, create derivative works from, decompile, reverse engineer or
otherwise attempt to derive source code from the Platform, except to the extent a restriction is
prohibited by applicable law;
(b) remove, obscure or alter any copyright, trade mark or proprietary notice;
(c) use Orchid's trade names, logos or marks without prior written consent; or
(d) use the Platform to build, train or improve a competing product or service except to the extent
expressly authorised by us in writing.
14.4 All rights not expressly granted are reserved.
15. Data protection and privacy
15.1 Orchid will process personal data in accordance with the Orchid Privacy Policy. By using the
Platform, you acknowledge that Orchid will process personal data as described in that policy.
15.2 Kanzum and other Service Partners may process personal data under their own privacy notices,
legal obligations and regulatory framework. You are responsible for reviewing any applicable Partner
Terms and privacy notices.
15.3 You authorise Orchid to share information and documentation you provide, including personal
data, corporate records, transaction information and KYC or KYB documentation, with Kanzum and
other Service Partners where necessary for onboarding, eligibility assessment, provision of services,
fraud prevention, sanctions screening, AML compliance, risk management, complaint handling, audit
and legal or regulatory compliance.
15.4 Where you provide personal data relating to another individual, such as a director, beneficial
owner, authorised user, employee or counterparty, you confirm that you have a lawful basis to provide
that data and to authorise its processing as contemplated by these Terms and the Orchid Privacy
Policy.
Platform, you acknowledge that Orchid will process personal data as described in that policy.
15.2 Kanzum and other Service Partners may process personal data under their own privacy notices,
legal obligations and regulatory framework. You are responsible for reviewing any applicable Partner
Terms and privacy notices.
15.3 You authorise Orchid to share information and documentation you provide, including personal
data, corporate records, transaction information and KYC or KYB documentation, with Kanzum and
other Service Partners where necessary for onboarding, eligibility assessment, provision of services,
fraud prevention, sanctions screening, AML compliance, risk management, complaint handling, audit
and legal or regulatory compliance.
15.4 Where you provide personal data relating to another individual, such as a director, beneficial
owner, authorised user, employee or counterparty, you confirm that you have a lawful basis to provide
that data and to authorise its processing as contemplated by these Terms and the Orchid Privacy
Policy.
16. Disclaimers
16.1 The Platform is provided on an as is and as available basis.
16.2 Subject always to Clause 17, Orchid does not warrant that the Platform will be uninterrupted,
error-free, available in every jurisdiction or free from vulnerabilities.
16.3 Information, market data, FX rates, crypto prices, analytics, notifications and commentary made
available on the Platform are for general information only unless expressly stated otherwise. They do
not constitute legal, tax, investment, accounting or financial advice or a recommendation to enter into
any transaction.
16.4 Orchid may rely on data and services supplied by Service Partners and other third parties. Orchid
is not responsible for inaccuracies or interruptions originating solely from such third parties, except to
the extent required by law or caused by Orchid's own breach of these Terms.
16.5 Nothing in these Terms excludes or limits any warranty, condition or liability that cannot lawfully
be excluded or limited.
16.2 Subject always to Clause 17, Orchid does not warrant that the Platform will be uninterrupted,
error-free, available in every jurisdiction or free from vulnerabilities.
16.3 Information, market data, FX rates, crypto prices, analytics, notifications and commentary made
available on the Platform are for general information only unless expressly stated otherwise. They do
not constitute legal, tax, investment, accounting or financial advice or a recommendation to enter into
any transaction.
16.4 Orchid may rely on data and services supplied by Service Partners and other third parties. Orchid
is not responsible for inaccuracies or interruptions originating solely from such third parties, except to
the extent required by law or caused by Orchid's own breach of these Terms.
16.5 Nothing in these Terms excludes or limits any warranty, condition or liability that cannot lawfully
be excluded or limited.
17. Limitation of liability
17.1 Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, death or
personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited.
17.2 The provisions of Clauses 17.3 to 17.5 apply only to Business Users.
17.3 To the fullest extent permitted by law, Orchid shall not be liable to a Business User for any
indirect, incidental, special, punitive or consequential loss, or for any loss of profit, revenue, business,
opportunity, goodwill, anticipated savings or data, in each case whether arising in contract, tort,
breach of statutory duty or otherwise, even if foreseeable.
17.4 Orchid shall not be liable to a Business User for losses resulting from:
(a) the acts or omissions of Kanzum, a Banking Partner, a Crypto Partner or another third party
providing a service to you;
(b) the refusal, delay, reversal, freeze, block or termination of a transaction, service or account by a
Service Partner or competent authority;
(c) market movements, exchange-rate changes, slippage, volatility, forks or network events;
(d) your own breach of these Terms, the Partner Terms or applicable law; or
(e) downtime, outages or interruptions caused by external infrastructure, telecommunications,
banking rails, internet providers, schemes or force majeure events, except to the extent directly
caused by Orchid's own wilful misconduct.
17.5 Subject to Clause 17.1, Orchid's aggregate liability to a Business User arising out of or in
connection with these Terms shall not exceed the greater of (i) USD 1,000 and (ii) the total amount of
Platform fees actually paid by that Business User to Orchid during the 12 months immediately
preceding the event giving rise to the claim.
17.6 Clauses 17.7 and 17.8 apply only to Consumers.
17.7 Orchid is liable to a Consumer only for losses that are a reasonably foreseeable result of Orchid's
breach of these Terms or failure to use reasonable care and skill. Orchid is not liable for business
losses suffered by a Consumer.
17.8 Orchid is not responsible for losses caused by events outside its reasonable control, including the
acts or omissions of Service Partners and other third parties, network failures, market events or force
majeure, except to the extent required by mandatory law.
personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited.
17.2 The provisions of Clauses 17.3 to 17.5 apply only to Business Users.
17.3 To the fullest extent permitted by law, Orchid shall not be liable to a Business User for any
indirect, incidental, special, punitive or consequential loss, or for any loss of profit, revenue, business,
opportunity, goodwill, anticipated savings or data, in each case whether arising in contract, tort,
breach of statutory duty or otherwise, even if foreseeable.
17.4 Orchid shall not be liable to a Business User for losses resulting from:
(a) the acts or omissions of Kanzum, a Banking Partner, a Crypto Partner or another third party
providing a service to you;
(b) the refusal, delay, reversal, freeze, block or termination of a transaction, service or account by a
Service Partner or competent authority;
(c) market movements, exchange-rate changes, slippage, volatility, forks or network events;
(d) your own breach of these Terms, the Partner Terms or applicable law; or
(e) downtime, outages or interruptions caused by external infrastructure, telecommunications,
banking rails, internet providers, schemes or force majeure events, except to the extent directly
caused by Orchid's own wilful misconduct.
17.5 Subject to Clause 17.1, Orchid's aggregate liability to a Business User arising out of or in
connection with these Terms shall not exceed the greater of (i) USD 1,000 and (ii) the total amount of
Platform fees actually paid by that Business User to Orchid during the 12 months immediately
preceding the event giving rise to the claim.
17.6 Clauses 17.7 and 17.8 apply only to Consumers.
17.7 Orchid is liable to a Consumer only for losses that are a reasonably foreseeable result of Orchid's
breach of these Terms or failure to use reasonable care and skill. Orchid is not liable for business
losses suffered by a Consumer.
17.8 Orchid is not responsible for losses caused by events outside its reasonable control, including the
acts or omissions of Service Partners and other third parties, network failures, market events or force
majeure, except to the extent required by mandatory law.
18. Indemnity
18.1 This Clause 18 applies only to Business Users.
18.2 The Business User shall indemnify and hold harmless Orchid against losses, liabilities, damages,
costs and expenses (including reasonable legal fees) suffered or incurred by Orchid arising out of or in
connection with:
(a) the Business User's breach of these Terms;
(b) misuse of the Platform by the Business User or its personnel, contractors or authorised users;
(c) any inaccurate, misleading or unlawful information, instruction or content provided through the
Platform by or on behalf of the Business User; or
(d) any claim by a third party, including a Service Partner, arising from the matters described in
paragraphs (a) to (c),
except to the extent that the relevant loss was caused directly by Orchid's own negligence, wilful
misconduct or breach of these Terms.
18.2 The Business User shall indemnify and hold harmless Orchid against losses, liabilities, damages,
costs and expenses (including reasonable legal fees) suffered or incurred by Orchid arising out of or in
connection with:
(a) the Business User's breach of these Terms;
(b) misuse of the Platform by the Business User or its personnel, contractors or authorised users;
(c) any inaccurate, misleading or unlawful information, instruction or content provided through the
Platform by or on behalf of the Business User; or
(d) any claim by a third party, including a Service Partner, arising from the matters described in
paragraphs (a) to (c),
except to the extent that the relevant loss was caused directly by Orchid's own negligence, wilful
misconduct or breach of these Terms.
19. Suspension and termination
19.1 Orchid may, without liability, suspend or restrict your access to all or part of the Platform
immediately if Orchid reasonably suspects fraud, unauthorised use, security issues, sanctions
exposure, a breach of these Terms or a need to do so arising from law, a regulator or a Service
Partner.
19.2 Either party may terminate these Terms for convenience by giving not less than 30 days' written
notice to the other, unless a longer period is required by applicable law or by a separate written
agreement.
19.3 Termination of these Terms does not of itself terminate any Partner Terms between you and a
Service Partner, which will continue in accordance with their own provisions unless separately
terminated.
19.4 Orchid may retain information after termination to the extent required by law, the Orchid Privacy
Policy, the Partner Terms or legitimate business needs such as complaint handling, audit, fraud
prevention or enforcement of rights.
19.5 Any provisions of these Terms which by their nature should survive termination shall survive,
including Clauses 11, 14, 15, 16, 17, 18, 21, 22 and the Appendices.
immediately if Orchid reasonably suspects fraud, unauthorised use, security issues, sanctions
exposure, a breach of these Terms or a need to do so arising from law, a regulator or a Service
Partner.
19.2 Either party may terminate these Terms for convenience by giving not less than 30 days' written
notice to the other, unless a longer period is required by applicable law or by a separate written
agreement.
19.3 Termination of these Terms does not of itself terminate any Partner Terms between you and a
Service Partner, which will continue in accordance with their own provisions unless separately
terminated.
19.4 Orchid may retain information after termination to the extent required by law, the Orchid Privacy
Policy, the Partner Terms or legitimate business needs such as complaint handling, audit, fraud
prevention or enforcement of rights.
19.5 Any provisions of these Terms which by their nature should survive termination shall survive,
including Clauses 11, 14, 15, 16, 17, 18, 21, 22 and the Appendices.
20. Changes to these Terms
20.1 Orchid may amend these Terms from time to time, including to reflect changes in the Platform,
law, regulation, risk policy, Service Partners or operational arrangements.
20.2 We will make the latest version available on the Platform and, where required or appropriate,
provide additional notice of material changes by email, in-app message or another reasonable method
before they take effect.
20.3 If you do not agree to an updated version of these Terms, you must stop using the Platform
before the updated Terms take effect. Continued use of the Platform after that date constitutes
acceptance of the updated Terms.
law, regulation, risk policy, Service Partners or operational arrangements.
20.2 We will make the latest version available on the Platform and, where required or appropriate,
provide additional notice of material changes by email, in-app message or another reasonable method
before they take effect.
20.3 If you do not agree to an updated version of these Terms, you must stop using the Platform
before the updated Terms take effect. Continued use of the Platform after that date constitutes
acceptance of the updated Terms.
21. Governing law and jurisdiction
21.1 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out
of or in connection with them, their subject matter or formation are governed by the laws of
Switzerland.
21.2 Subject to Clause 21.3, the courts of Switzerland have exclusive jurisdiction to settle any dispute
or claim (including non-contractual disputes or claims) arising out of or in connection with these
Terms, their subject matter or formation.
21.3 If you are a Consumer, nothing in these Terms limits any mandatory right you may have to bring
proceedings in the courts of your country of habitual residence or to rely on mandatory consumer
protections available under applicable law.
of or in connection with them, their subject matter or formation are governed by the laws of
Switzerland.
21.2 Subject to Clause 21.3, the courts of Switzerland have exclusive jurisdiction to settle any dispute
or claim (including non-contractual disputes or claims) arising out of or in connection with these
Terms, their subject matter or formation.
21.3 If you are a Consumer, nothing in these Terms limits any mandatory right you may have to bring
proceedings in the courts of your country of habitual residence or to rely on mandatory consumer
protections available under applicable law.
22. Contact and complaints
22.1 If you have questions or concerns regarding the Platform or these Terms, you may contact
Orchid at support@orchid.ch or write to Orchid Holding GmbH, Bahnhofstrasse 21, 6300
Zug, Switzerland
22.2 If you have a complaint relating to the Platform, you should contact Orchid in the first instance.
We will handle complaints in a fair and timely manner and will seek to acknowledge and investigate
complaints within a reasonable period, taking into account the nature and complexity of the matter.
22.3 Complaints relating primarily to regulated payment or financial services should be directed to
Kanzum or the relevant Service Partner in accordance with the applicable Partner Terms and product-
specific complaints procedure. Where applicable law grants a right to escalate a complaint to a
regulator or external dispute-resolution body, the relevant Partner Terms or mandatory disclosure will
describe that route.
22.4 Orchid may coordinate with Kanzum or another Service Partner in order to investigate or resolve
a complaint where the issue spans multiple providers or both Platform and service layers.
Orchid at support@orchid.ch or write to Orchid Holding GmbH, Bahnhofstrasse 21, 6300
Zug, Switzerland
22.2 If you have a complaint relating to the Platform, you should contact Orchid in the first instance.
We will handle complaints in a fair and timely manner and will seek to acknowledge and investigate
complaints within a reasonable period, taking into account the nature and complexity of the matter.
22.3 Complaints relating primarily to regulated payment or financial services should be directed to
Kanzum or the relevant Service Partner in accordance with the applicable Partner Terms and product-
specific complaints procedure. Where applicable law grants a right to escalate a complaint to a
regulator or external dispute-resolution body, the relevant Partner Terms or mandatory disclosure will
describe that route.
22.4 Orchid may coordinate with Kanzum or another Service Partner in order to investigate or resolve
a complaint where the issue spans multiple providers or both Platform and service layers.
APPENDIX A - Service model and Regulatory information
A1. Overview
Orchid is the Platform provider. Kanzum and other Service Partners provide certain regulated or
specialist services that may be accessed through or in connection with the Platform. The precise
provider for a given service, product flow or jurisdiction will be disclosed in the Platform, in the
applicable Partner Terms or in product-specific documentation.
A2. Orchid
Legal name: Orchid Holding GmbH
Trading name: Orchid
Registered jurisdiction: Zug, Switzerland
Registered address: Bahnhofstrasse 21, 6300 Zug, Switzerland
Role: operator of the Platform, provider of interface, workflow, support and ancillary non-regulated
services, and contractual counterparty for these Terms unless expressly stated otherwise.
A3. Kanzum
Legal name: Kanzum Pay Limited
Registered jurisdiction: British Columbia, Canada
Company number: BC1400258
Registered address: 305 Suite, South Tower, 5811 Cooney Road, Richmond, BC V6X 3M1, Canada
Role: provider, directly or through applicable partner arrangements, of certain regulated payment and
related financial services made available through or in connection with the Platform, subject to its own
terms, disclosures and regulatory framework.
A4. Banking Partners and other Service Partners
Banking Partners, card issuers, verification providers, payment-service providers, settlement
institutions, Crypto Partners and other Service Partners may be added, replaced, removed or made
available only in certain product flows or jurisdictions. Where a service is provided by such a partner,
the identity of the provider and the relevant Partner Terms will be made available before or at the point
of use.
A5. Safeguarding, custody and complaints
Where customer funds are safeguarded or cryptoassets are custodied, the relevant arrangements are
determined by the service provider responsible for the relevant product flow and by the applicable
Partner Terms. Complaints concerning those services should be directed to the relevant provider in
the first instance, without prejudice to any right Orchid may have to coordinate on the issue.
Orchid is the Platform provider. Kanzum and other Service Partners provide certain regulated or
specialist services that may be accessed through or in connection with the Platform. The precise
provider for a given service, product flow or jurisdiction will be disclosed in the Platform, in the
applicable Partner Terms or in product-specific documentation.
A2. Orchid
Legal name: Orchid Holding GmbH
Trading name: Orchid
Registered jurisdiction: Zug, Switzerland
Registered address: Bahnhofstrasse 21, 6300 Zug, Switzerland
Role: operator of the Platform, provider of interface, workflow, support and ancillary non-regulated
services, and contractual counterparty for these Terms unless expressly stated otherwise.
A3. Kanzum
Legal name: Kanzum Pay Limited
Registered jurisdiction: British Columbia, Canada
Company number: BC1400258
Registered address: 305 Suite, South Tower, 5811 Cooney Road, Richmond, BC V6X 3M1, Canada
Role: provider, directly or through applicable partner arrangements, of certain regulated payment and
related financial services made available through or in connection with the Platform, subject to its own
terms, disclosures and regulatory framework.
A4. Banking Partners and other Service Partners
Banking Partners, card issuers, verification providers, payment-service providers, settlement
institutions, Crypto Partners and other Service Partners may be added, replaced, removed or made
available only in certain product flows or jurisdictions. Where a service is provided by such a partner,
the identity of the provider and the relevant Partner Terms will be made available before or at the point
of use.
A5. Safeguarding, custody and complaints
Where customer funds are safeguarded or cryptoassets are custodied, the relevant arrangements are
determined by the service provider responsible for the relevant product flow and by the applicable
Partner Terms. Complaints concerning those services should be directed to the relevant provider in
the first instance, without prejudice to any right Orchid may have to coordinate on the issue.
APPENDIX B - ORCHID Fee schedule
B1. Purpose and scope
This Appendix B sets out key risks relating to any Crypto Services made available through or in
connection with the Platform. It is supplementary to, and does not replace, any risk warnings, product
disclosures or contractual terms issued by the relevant Crypto Partner.
B2. Risk of total loss
The value of cryptoassets is highly volatile. Prices may fluctuate significantly over short periods and
may fall to zero. You should assume that you may lose all of the money committed to a cryptoasset
transaction.
B3. Lack of protection schemes
Cryptoassets are generally not covered by deposit-guarantee schemes or investor-compensation
schemes that apply to bank deposits or certain regulated investment products. If a Crypto Partner,
custodian, exchange or other service provider fails, becomes insolvent or suffers a cyber incident, you
may not recover some or all of your cryptoassets or their value.
B4. Liquidity and market risk
Liquidity in crypto markets can deteriorate suddenly. You may not be able to buy, sell or convert a
cryptoasset at the desired price or at all. Slippage, partial execution, delayed execution, delisting or
forced conversion may occur.
B5. Technology, cyber and operational risks
Cryptoassets rely on software, protocols, validators, networks, wallets, private keys, custodians,
exchanges and infrastructure providers. Failures, hacks, bugs, chain reorganisations, bridge failures,
smart-contract vulnerabilities, internal-ledger errors and operational outages can result in delay, loss,
theft or inaccessibility of assets.
B6. Legal, regulatory and tax risks
The legal and regulatory framework governing cryptoassets is evolving and may change without
notice. Changes in law, regulation, policy or enforcement may restrict or prohibit the holding, transfer,
trading or use of certain cryptoassets or services. Tax treatment may also be uncertain and may
change over time.
B7. Stablecoins and pegs
Stablecoins seek to maintain value relative to a reference asset, but a peg may fail because of reserve
issues, operational problems, market stress, legal action, banking failures or a loss of confidence. A
de-peg event may result in substantial or total loss.
B8. No advice or suitability assessment
Neither Orchid nor, unless expressly stated otherwise, the relevant Crypto Partner provides
investment, legal or tax advice through the Platform. No information provided through the Platform
should be treated as a recommendation or a statement that a cryptoasset is suitable for you.
B9. Your responsibility
You should not use Crypto Services unless you fully understand the associated risks and have
independently determined that the relevant transaction is appropriate for your financial situation,
objectives and risk tolerance.
This Appendix B sets out key risks relating to any Crypto Services made available through or in
connection with the Platform. It is supplementary to, and does not replace, any risk warnings, product
disclosures or contractual terms issued by the relevant Crypto Partner.
B2. Risk of total loss
The value of cryptoassets is highly volatile. Prices may fluctuate significantly over short periods and
may fall to zero. You should assume that you may lose all of the money committed to a cryptoasset
transaction.
B3. Lack of protection schemes
Cryptoassets are generally not covered by deposit-guarantee schemes or investor-compensation
schemes that apply to bank deposits or certain regulated investment products. If a Crypto Partner,
custodian, exchange or other service provider fails, becomes insolvent or suffers a cyber incident, you
may not recover some or all of your cryptoassets or their value.
B4. Liquidity and market risk
Liquidity in crypto markets can deteriorate suddenly. You may not be able to buy, sell or convert a
cryptoasset at the desired price or at all. Slippage, partial execution, delayed execution, delisting or
forced conversion may occur.
B5. Technology, cyber and operational risks
Cryptoassets rely on software, protocols, validators, networks, wallets, private keys, custodians,
exchanges and infrastructure providers. Failures, hacks, bugs, chain reorganisations, bridge failures,
smart-contract vulnerabilities, internal-ledger errors and operational outages can result in delay, loss,
theft or inaccessibility of assets.
B6. Legal, regulatory and tax risks
The legal and regulatory framework governing cryptoassets is evolving and may change without
notice. Changes in law, regulation, policy or enforcement may restrict or prohibit the holding, transfer,
trading or use of certain cryptoassets or services. Tax treatment may also be uncertain and may
change over time.
B7. Stablecoins and pegs
Stablecoins seek to maintain value relative to a reference asset, but a peg may fail because of reserve
issues, operational problems, market stress, legal action, banking failures or a loss of confidence. A
de-peg event may result in substantial or total loss.
B8. No advice or suitability assessment
Neither Orchid nor, unless expressly stated otherwise, the relevant Crypto Partner provides
investment, legal or tax advice through the Platform. No information provided through the Platform
should be treated as a recommendation or a statement that a cryptoasset is suitable for you.
B9. Your responsibility
You should not use Crypto Services unless you fully understand the associated risks and have
independently determined that the relevant transaction is appropriate for your financial situation,
objectives and risk tolerance.
B2. Monthly Platform fees
B3. Funding and top-ups
B4. Payments and transfers
Where a payment or transfer involves an account denominated in a local currency (For example NGN or KES), Orchid may debit any applicable fees from the client’s EUR, GBP or USD account rather than from the local currency account. Clients must maintain a sufficient balance in a EUR, GBP or USD account to cover applicable fees. If sufficient balance is not available in a EUR, GBP or USD account, Orchid may convert funds from another account held by the client to cover applicable fees.
B5. Cards and cash
B6. Foreign exchange fees
The applicable reference rate and mark-up will be disclosed in the Platform or otherwise communicated at the time you submit a conversion instruction. The executed rate may differ from an indicative quotation if market conditions or partner pricing change between quotation and execution.
Where a transaction involves a conversion between a major currency and a local currency, Orchid may calculate and charge applicable fees in the major currency side of the transaction rather than in the local currency. Major currencies include EUR, GBP and USD. Local currencies will include for example NGN and KES unless otherwise stated in the Platform or Pricing Schedule.
Where a transaction involves a conversion between a major currency and a local currency, Orchid may calculate and charge applicable fees in the major currency side of the transaction rather than in the local currency. Major currencies include EUR, GBP and USD. Local currencies will include for example NGN and KES unless otherwise stated in the Platform or Pricing Schedule.
B7. Crypto fees
B8. Other fees
APPENDIX C - ORCHID Crypto Risk Disclosure
C1. Purpose and scope
This Appendix C sets out key risks relating to any Crypto Services made available through or in connection with the Platform. It is supplementary to, and does not replace, any risk warnings, product disclosures or contractual terms issued by the relevant Crypto Partner.
C2. Risk of total loss
The value of cryptoassets is highly volatile. Prices may fluctuate significantly over short periods and may fall to zero. You should assume that you may lose all of the money committed to a cryptoasset transaction.
C3. Lack of protection schemes
Cryptoassets are generally not covered by deposit-guarantee schemes or investor-compensation schemes that apply to bank deposits or certain regulated investment products. If a Crypto Partner, custodian, exchange or other service provider fails, becomes insolvent or suffers a cyber incident, you may not recover some or all of your cryptoassets or their value.
C4. Liquidity and market risk
Liquidity in crypto markets can deteriorate suddenly. You may not be able to buy, sell or convert a cryptoasset at the desired price or at all. Slippage, partial execution, delayed execution, delisting or forced conversion may occur.
C5. Technology, cyber and operational risks
Cryptoassets rely on software, protocols, validators, networks, wallets, private keys, custodians, exchanges and infrastructure providers. Failures, hacks, bugs, chain reorganisations, bridge failures, smart-contract vulnerabilities, internal-ledger errors and operational outages can result in delay, loss, theft or inaccessibility of assets.
C6. Legal, regulatory and tax risks
The legal and regulatory framework governing cryptoassets is evolving and may change without notice. Changes in law, regulation, policy or enforcement may restrict or prohibit the holding, transfer, trading or use of certain cryptoassets or services. Tax treatment may also be uncertain and may change over time.
C7. Stablecoins and pegs
Stablecoins seek to maintain value relative to a reference asset, but a peg may fail because of reserve issues, operational problems, market stress, legal action, banking failures or a loss of confidence. A de-peg event may result in substantial or total loss.
C8. No advice or suitability assessment
Neither Orchid nor, unless expressly stated otherwise, the relevant Crypto Partner provides investment, legal or tax advice through the Platform. No information provided through the Platform should be treated as a recommendation or a statement that a cryptoasset is suitable for you.
C9. Your responsibility
You should not use Crypto Services unless you fully understand the associated risks and have independently determined that the relevant transaction is appropriate for your financial situation, objectives and risk tolerance.
This Appendix C sets out key risks relating to any Crypto Services made available through or in connection with the Platform. It is supplementary to, and does not replace, any risk warnings, product disclosures or contractual terms issued by the relevant Crypto Partner.
C2. Risk of total loss
The value of cryptoassets is highly volatile. Prices may fluctuate significantly over short periods and may fall to zero. You should assume that you may lose all of the money committed to a cryptoasset transaction.
C3. Lack of protection schemes
Cryptoassets are generally not covered by deposit-guarantee schemes or investor-compensation schemes that apply to bank deposits or certain regulated investment products. If a Crypto Partner, custodian, exchange or other service provider fails, becomes insolvent or suffers a cyber incident, you may not recover some or all of your cryptoassets or their value.
C4. Liquidity and market risk
Liquidity in crypto markets can deteriorate suddenly. You may not be able to buy, sell or convert a cryptoasset at the desired price or at all. Slippage, partial execution, delayed execution, delisting or forced conversion may occur.
C5. Technology, cyber and operational risks
Cryptoassets rely on software, protocols, validators, networks, wallets, private keys, custodians, exchanges and infrastructure providers. Failures, hacks, bugs, chain reorganisations, bridge failures, smart-contract vulnerabilities, internal-ledger errors and operational outages can result in delay, loss, theft or inaccessibility of assets.
C6. Legal, regulatory and tax risks
The legal and regulatory framework governing cryptoassets is evolving and may change without notice. Changes in law, regulation, policy or enforcement may restrict or prohibit the holding, transfer, trading or use of certain cryptoassets or services. Tax treatment may also be uncertain and may change over time.
C7. Stablecoins and pegs
Stablecoins seek to maintain value relative to a reference asset, but a peg may fail because of reserve issues, operational problems, market stress, legal action, banking failures or a loss of confidence. A de-peg event may result in substantial or total loss.
C8. No advice or suitability assessment
Neither Orchid nor, unless expressly stated otherwise, the relevant Crypto Partner provides investment, legal or tax advice through the Platform. No information provided through the Platform should be treated as a recommendation or a statement that a cryptoasset is suitable for you.
C9. Your responsibility
You should not use Crypto Services unless you fully understand the associated risks and have independently determined that the relevant transaction is appropriate for your financial situation, objectives and risk tolerance.
APPENDIX D - ORCHID Acceptable Use Policy
D1. General
This Appendix D applies to all use of the Platform and any services accessible through or in connection with it. It supplements the Terms and any Service Partner prohibited-business or acceptable-use rules.
D2. Prohibited conduct
You must not use the Platform in connection with illegal goods or services, human trafficking, exploitation, sanctions evasion, terrorism financing, money laundering, fraud, deceptive schemes, identity theft, unlicensed financial services, unlawful gambling, prohibited weapons, malware distribution, ransomware, intellectual-property infringement, market manipulation or any other activity that is unlawful, abusive or contrary to the risk policies of Orchid or the relevant Service Partners.
D3. Restricted activities
Certain activities may be restricted, require enhanced due diligence or be available only with prior approval. These may include high-risk jurisdictions, high-risk merchant categories, virtual-asset activity, gambling-related activity, adult-content activity, charitable fundraising, crowdfunding, high-value card activity, cash-intensive businesses, politically exposed relationships, layered ownership structures or any activity that creates elevated sanctions, AML, fraud, reputational or scheme risk.
D4. Information requests and monitoring
Orchid and the Service Partners may request information, documentation or explanations concerning your business model, counterparties, source of funds, transaction purpose, licensing status, website content, policies or operational controls. Failure to respond adequately or promptly may result in refusal, suspension or termination.
D5. Enforcement
If Orchid or a Service Partner reasonably considers that your use of the Platform is prohibited, restricted, misleading, high risk or otherwise unacceptable, Orchid may suspend or terminate access, reject transactions, report matters to competent authorities or take any other action permitted by law, the Terms or the applicable Partner Terms.
This Appendix D applies to all use of the Platform and any services accessible through or in connection with it. It supplements the Terms and any Service Partner prohibited-business or acceptable-use rules.
D2. Prohibited conduct
You must not use the Platform in connection with illegal goods or services, human trafficking, exploitation, sanctions evasion, terrorism financing, money laundering, fraud, deceptive schemes, identity theft, unlicensed financial services, unlawful gambling, prohibited weapons, malware distribution, ransomware, intellectual-property infringement, market manipulation or any other activity that is unlawful, abusive or contrary to the risk policies of Orchid or the relevant Service Partners.
D3. Restricted activities
Certain activities may be restricted, require enhanced due diligence or be available only with prior approval. These may include high-risk jurisdictions, high-risk merchant categories, virtual-asset activity, gambling-related activity, adult-content activity, charitable fundraising, crowdfunding, high-value card activity, cash-intensive businesses, politically exposed relationships, layered ownership structures or any activity that creates elevated sanctions, AML, fraud, reputational or scheme risk.
D4. Information requests and monitoring
Orchid and the Service Partners may request information, documentation or explanations concerning your business model, counterparties, source of funds, transaction purpose, licensing status, website content, policies or operational controls. Failure to respond adequately or promptly may result in refusal, suspension or termination.
D5. Enforcement
If Orchid or a Service Partner reasonably considers that your use of the Platform is prohibited, restricted, misleading, high risk or otherwise unacceptable, Orchid may suspend or terminate access, reject transactions, report matters to competent authorities or take any other action permitted by law, the Terms or the applicable Partner Terms.