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Subscriber maintenance for a public fintech company

About company and product

Intellabridge is a fintech company based in Boulder, Colorado and registered as a public company in Canada trading on the Canadian Securities Exchange, the OTC Markets in the United States, and the Frankfort Börse in Europe, and regulated by the Ontario Securities Commission.

 

Mastercard has selected Intellabridge to participate in the Start Path program.

 

The company developed payment products Kash and Karma.

 

Kash is a project based on blockchain technologies and decentralized finance, aiming to provide hybrid banking solutions. The platform ran on the Terra blockchain and the Torus blockchain system.

Audit

    Intellabridge turned to Stalirov’s IT lawyers to create an internal legal department to perform tasks in various legal specializations, such as: 
  • 🔸The audit of contracts with banking and payment providers.
  • 🔸An analysis of the conditions for running a crypto business in Europe, the USA and Asia.
  • 🔸GDPR/CCPA compliance of crypto platforms.
  • 🔸Team onboarding/offboarding.
During the audit phase, IT lawyers found that in order to achieve the goals, the company needs to:
  • 1Compare the conditions for running a crypto business in Germany, Canada, the USA and the UAE.
  • 2Develop a Privacy Policy and Terms of Use for the crypto platform.
  • 3Develop employment contracts with the developer team and independent contractors.

The Stalirov&Co team has identified the following areas of work:

The Stalirov&Co team prepared legal opinions on the crypto company's work in Germany
Realization:
  • The lawyers developed a structure for interactions
    between Intellabridge and Solarisbank, a company
    with a full German banking license.
  • Prepared an overview of BaFin, ESMA and FATF requirements
    for companies that deal with digital assets.
  • Reviewed the advertising requirements for the Kash
    platform and prepared recommendations on using
    social networks for advertising purposes.
The Stalirov&Co team prepared legal opinions on obtaining a license in the United Arab Emirates
Realization:
  • The lawyers outlined the procedure for
    obtaining a commercial license.
  • Codified the features of the free economic zone in the UAE.
  • Advised on the best practices for interactions
    between Kash and local banks.
The Stalirov&Co team prepared a legal opinion on the regulation of cryptocurrencies in Canada
Realization:
  • The lawyers reviewed the requirements of the Financial Transactions and Reports Analysis
    Center of Canada (FINTRAC), Canadian Securities Administrators (CSA)
    and Investment Industry Regulatory Organization of Canada (IIROC).
  • Described when crypto asset trading platforms are subject to
    Canadian securities legislation and must register as dealers.
The Stalirov&Co team prepared a legal opinion on the integration of Kash with the American crypto-custodian Prime Trust
Realization:
  • The lawyers determined the requirements of the Commodities and
    Futures Trading Commission (CFTC), Federal Trade Commission (FTC),
    Securities and Exchange Commission (SEC) and
    Financial Crimes Enforcement Network (FinCEN).
  • Concluded that Intellabridge did not need to register a company
    as a Money Services Business (MSB) nor obtain a license in the USA.
The Stalirov&Co team developed a Privacy Policy for the Kash platform
Realization:
  • The lawyers compiled a list of personal
    data collected by the Kash platform.
  • Described what information
    is collected automatically.
  • Informed users about
    the use of cookies.
  • Cataloged how the platform uses
    the collected information.
  • Compiled a list of data
    collection purposes.
  • Identified situations where data may
    be transferred to third parties.
  • Set the status of links to other websites
    on the platform and created disclaimers.
  • Indicated the term and
    location of data storage.
  • Described the security measures
    that the platform implements.
  • Informed users about their rights and
    the procedures for exercising them.
  • Notified users of their ability
    to opt out of advertising via email,
    SMS, calls, and pop-up notifications.
The Stalirov&Co team developed Terms of Use for the Kash platform
Realization:
  • The lawyers set age limits.
  • Documented the functionality of the platform
    and explained how it works.
  • We added the disclaimer: Kash is not a decentralized exchange,
    broker, agent, fiduciary or alternative trading system.
  • Notified users about the risks of selling and buying virtual currency
    and created a disclaimer about the absence of guarantees from Kash.
  • Described the integration of the platform with
    third-party websites, blockchain and applications.
  • Added a disclaimer stating that Kash is not responsible for the content
    of third-party resources and services of third parties.
  • Described the interactive functions of the platform and
    required users to use the product within the law.
  • Informed users of the restriction or termination of access
    to the platform for violating the Terms of Use.
  • Protected Intellabridge's intellectual property rights to software,
    code, text, graphics, video, audio, design, and other objects.
  • Prohibited the use of trademarks without the
    prior written permission of Intellabridge.
  • Limited Kash's liability for losses
    that the user may incur.
The Stalirov&Co lawyers supported the onboarding/offboarding of internal and external team members
Realization:
  • The lawyers documented specialists’
    rates and working time limits.
  • Designated the independent contractor
    status of team members.
  • Prohibited disclosing confidential information and poaching
    Intellabridge’s specialists, contractors, and clients.
  • Restricted the ability to provide services
    to direct competitors of Intellabridge.
  • Required team members to return all confidential
    information after the termination of a contract.
  • Documented the transfer of intellectual property
    rights from specialists to Intellabridge.
  • Codified the intellectual property rights that
    Intellabridge receives from team members.

5 measurable outcomes of subscription services for Intellabridge

Outsourcing In-house Legal Department
Constant support from a team of IT lawyers of various specializations.
 
Secure Scaling
IT lawyers analyzed the conditions for running a crypto business in Europe, the USA and Asia to minimize legal and financial risks.
 
Audit of agreements with banks and payment providers
We checked the feasibility of terms and business risks in agreements with PrimeTrust, Solaris Bank, Yunipagos, Rump, and Transak.
 
Team onboarding
We developed contracts with internal specialists and external contractors to ensure the stability of the team, confidentiality, and compliance with requirements for the development and support of the crypto platform.
 
Legal support of the crypto platform
We developed Terms & Conditions and a Privacy Policy to avoid disputes with users and fines for violation of GDPR/CCPA.
 

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