Charge-Back Policy

1. Introduction

This Chargeback Policy outlines the procedures for requesting and handling chargebacks for transactions involving both fiat and cryptocurrency under Spanish regulations. This policy is part of our Terms of Use and applies to all users of our platform and app.

1.1. Purpose

This policy aims to ensure compliance with Spanish legal requirements and provide a clear and transparent process for managing chargebacks, protecting both Nebeus and its customers.

1.2. Legal Framework

In Spain, chargebacks are regulated by various laws and regulations, including:

• Law 16/2009 of 13 November on Payment Services (Ley 16/2009, de 13 de

noviembre, de servicios de pago)

• Royal Decree-Law 19/2018, of November 23, on Payment Services and other urgent measures in

financial matters (Real Decreto-ley 19/2018, de 23 de noviembre, de servicios de pago y otras medidas urgentes en materia financiera) These regulations outline the rights and responsibilities of both consumers and businesses in relation to payment services and chargebacks.

2. Definitions

• Chargeback: It’s the payment amount returned to a debit or credit card after a

customer disputes the transaction.

• Fiat Currency : Traditional government-issued currency such as the Euro (EUR).
• Cryptocurrency : Digital or virtual currencies that use cryptography for security,

such as Bitcoin (BTC), Ethereum (ETH), etc.

3.1. Fiat Currency Transactions

Chargebacks for fiat currency transactions are governed by the regulations set forth by Nebeus, and applicable Spanish laws. We adhere to strict compliance standards to ensure the security and integrity of all transactions. The following are common reasons for chargebacks:

· Unauthorized Transactions : Any transaction made without the account holder’s consent.

· Fraudulent Transactions : Transactions that have been identified as being deceitful or involving misrepresentation.

· Non-Receipt of Goods or Services : Situations where the customer does not receive the goods or services they paid for.

· Goods or Services Not as Described : Instances where the received goods or services do not match the description provided at the time of purchase. We aim to handle all chargeback requests promptly and in accordance with regulatory requirements to protect both our customers and merchants.

3.2. Cryptocurrency Transactions

Cryptocurrency transactions are generally irreversible due to their decentralized nature. However, chargebacks may be considered under the following circumstances:

• Proven fraudulent activity.
• Double-spending issues.
• Technical errors resulting in incorrect

transaction amounts.

3.3. Card Transaction

Chargebacks for card transactions are managed in accordance with the rules and guidelines established by the card networks (Mastercard and Visa) and the relevant financial institutions. Common reasons for card transaction chargebacks include:

• unauthorized transactions.
• Discrepancies in the transaction amount.
• Non-receipt of goods or services.
• Disputes over the quality of goods or services

received. Each chargeback request is thoroughly reviewed to determine eligibility based on these criteria and the specifics of the transaction.

4.1. Fiat Currency Transactions

· Initiate a Dispute : Contact our customer service team within 30 days of the transaction date to initiate a dispute.

· Provide Documentation: Submit all relevant documentation, including transaction receipts, correspondence with the merchant, dispute declaration, and any evidence of the issue and another type of application required by the provider.

· Investigation: Our team will investigate the dispute and liaise with the financial institution.

· Resolution: The outcome will be communicated within 65 days of the dispute initiation. If the chargeback is approved, the amount will be credited back to your account.

4.2. Cryptocurrency Transactions

· Initiate a Dispute: Contact our customer service team immediately upon noticing an issue with a cryptocurrency transaction.

· Provide Documentation: Submit all relevant documentation, including transaction IDs, wallet addresses, and any evidence of fraudulent activity or technical errors.

· Investigation: Our team will conduct a thorough investigation in collaboration with blockchain experts.

· Resolution: The outcome will be communicated within 60 days of the dispute initiation. Due to the nature of cryptocurrencies, chargebacks will be processed on a case-by-case basis, and resolutions may include alternative remedies.

4.3. Card Transaction

· Initiation: The cardholder contacts their issuing bank to initiate a chargeback request. The bank then forwards the request to us for review.

· Review: Upon receiving the chargeback request, we conduct a thorough investigation, which includes verifying transaction details, reviewing communication and transaction records, and assessing the validity of the claim.

· Response: We compile and submit a response to Fenige, who as well contact the issuing bank, including all relevant evidence and documentation to support or dispute the chargeback claim.

· Resolution: Fenige first and the issuing bank then, reviews our response and makes a decision on the chargeback. If the chargeback is upheld, the transaction amount is refunded to the cardholder. If the chargeback is reversed, the funds remain with us.

5.1. Customer Responsibilities

· Ensure the accuracy of all transaction details before confirming a payment.

· Safeguard personal and financial information to prevent unauthorized access.

· Report any suspicious or unauthorized transactions immediately.

5.2. Nebeus Responsibilities

· Provide clear instructions and assistance for filing chargebacks.

· Conduct timely and fair investigations of all disputes.

· Communicate the outcomes and provide remedies in accordance with this policy.

5.2.1. Reporting and Record-Keeping

Nebeus must keep detailed records of all chargeback requests and their resolutions for a minimum of five years. This includes: · Transaction details;

· Communication with the customer and bank;

· Evidence submitted to dispute the chargeback;

· Final decision on the chargeback.

6. Limitations and Exceptions

• Chargebacks for fiat currency transactions are limited to the rules

and timeframes set by.

• Cryptocurrency chargebacks are subject to the availability of

sufficient evidence and may not always be feasible due to the nature of blockchain transactions.

• There is no set limit for a chargeback, but the amount claimed it

cannot be more than the value of the purchase. In other words, customers cannot claim interest or penalties through chargeback.

• This policy does not cover any losses due to the customer's

negligence or failure to comply with security measures.

7. Fee

Our chargeback fee is set at Fifty ( 50 ) Euros. This fee covers the administrative costs associated with processing the chargeback request, including the time and resources required to investigate and resolve the dispute. However, this amount is subject to adjustment if the costs incurred by the provider or the systems involved in the chargeback process exceed this amount. This ensures that we can cover the actual expenses associated with handling the chargeback, which may vary depending on the complexity of the case and the fees charged by third-party financial institutions.

8. Dispute Resolution

In case of disagreements regarding a chargeback, the following steps should be taken:

· Negotiation : Attempt to resolve the issue directly with the customer through negotiation.

· Mediation : If negotiation fails, consider using mediation services to reach an agreement.

· Legal Action : As a last resort, legal action may be taken in accordance with Spanish law.

9. Contact Information

For any queries or to initiate a chargeback, please contact our customer service team:

• Email: support@nebeus.com ;
• Chat: create a ticket on this link ;
• Phone: +34 645099077;
• Address: Calle de

la LLacuna, 11, 08005 Barcelona, Spain.

10. Amendments

We reserve the right to amend this Chargeback Policy at any time. Changes will be effective upon posting on our website. Continued use of our services constitutes acceptance of the revised policy. Employees involved in payment processing and chargeback handling will receive regular training on this policy.

11. Governing Law

This policy is governed by and construed in accordance with the laws of Spain. Any disputes arising under or in connection with this policy shall be subject to the exclusive jurisdiction of the courts of Spain.