Effective date: 20/02/2024
These terms of use set forth a binding agreement between Sendtech innovations LTD, a company incorporated under the laws of Cyprus (“Company” or “SendCrypto“) and you, the person or legal entity who uses (the “User, or “you“) the SendCrypto platform available on this website and any of its subdomains (the “Website“) or on any mobile application or interface (the “App(s)”). The Website, App, and any content, material, product, service, functionality, or feature provided or made available through the Website and App shall hereby be collectively referred to as the “Services“.
These terms of use, together with any other agreements, policies (including the Privacy Policy available at: https://www.sendcrypto.com/privacy-policy/ or any other terms incorporated thereto by reference) shall hereby be collectively referred to as the “Terms“.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. YOUR USE OF THE SERVICES IS EXPRESSLY CONDITIONED ON YOUR COMPLIANCE AND CONSENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THE TERMS YOU SHOULD IMMEDIATELY STOP USING THE SERVICES.
USE OF AND ACCESS TO THE SERVICES ARE VOID WHERE PROHIBITED BY THE LAWS OF YOUR JURISDICTION. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOUR USE OF THE SERVICES DOES NOT VIOLATE ANY APPLICABLE LAW OR REGULATION, AND THAT YOU ARE ABOVE THE AGE OF MAJORITY AS DETERMINED BY THE APPLICABLE LAW IN YOUR JURISDICTION OF RESIDENCY.
THESE TERMS DO NOT GOVERN ANY INTERACTIONS YOU MAY HAVE WITH OUR THIRD-PARTY SERVICES, WHICH HAVE ITS OWN TERMS (SEE SECTION 3 BELOW).
The Services comprise of a proprietary software interface that allows users to (i) consolidate their crypto and Web3 wallets with third-party online crypto exchanges in order to manage their crypto funds in a simple, safe and friendly manner; and (ii) generate non-custodial wallet addresses via Fireblocks and associated private keys that to send and receive crypto assets. The Services offer a one-stop interface that enables you to connect, interact and operate your accounts with supported Third-Party Services (as defined below).
The Services are not, nor should they be considered as, the provision of crypto exchange, custody or fiduciary services, banking or payment services, investment advice, consultancy, portfolio management, or any other financial service in connection to your funds. The Company does not provide custody of your crypto assets and does not have control over your private keys or funds. You are solely responsible for the retention and security of your private keys and any passwords or credentials associated with your wallets. Accordingly, the Company shall have no responsibility or liability whatsoever in the event you are unable to access your wallets for any reason, including without limitation your failure to keep your private keys and passwords secure and any resulting loss of your crypto assets.
By using our Services, you fully acknowledge and agree that the Services are not regulated under any investor protection, banking or financial services laws and you will not benefit from protections, insurance and remedies that are available to clients of regulated services against any damages arising from your use of the Services or Third-Party Services via our Website or App.
In order to provide you with the Services, SendCrypto grants you a personal, non-transferable, non-exclusive, revocable, limited license to access and use the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
Except as permitted through the Services or as otherwise permitted by us in writing, your license and use of the Services do not include the right to:
Without derogation from any other restrictions on your use of the Services contained herein or elsewhere in these Terms, you may only use the Services for lawful purposes, and you will not:
The Company retains the right to terminate, restrict or suspend your account or the provision of Services, without any notice, if we suspect or determine, in our sole discretion, that you have used the Services for any unlawful or prohibited activity.
The Services may contain links or provide access to websites, platforms, applications, services, interfaces, software programs, protocols, and other various products that are not operated or maintained by the Company (“Third-Party Services“). Specifically, Third Party Services available through our Website or Apps may include crypto wallets, exchanges, information service providers (e.g., market data and asset tracking aggregators) or public blockchains.
Third Party Services are not under the Company’s control and the Company is not responsible for (i) the functionality, availability, security, performance or quality of Third-Party Services; (ii) the fulfillment of your orders and actions through Third-Party Services; (iii) to any content, output or information derived thereof or to its completeness or accuracy (including in respect of quotes, exchange rates, returns and all other market data and real-time price data); or (iv) any decision you make based on information derived from Third-Party Services. Any use or access of Third-Party Services via our Services will be carried by you connecting and interacting with your personal account(s) in such Third-Party Services, without any involvement or control by the Company.
Access to Third-Party Services may be geo-blocked for residents of certain countries and not available to you. The Company makes no assurance that any security measures that we or Third-Party Services have implemented will be effective against current or future security threats. Third-Party Services could fail and result in unauthorized access to or use of our platform or unauthorized, accidental or unlawful access to, or disclosure, modification, misuse, loss or destruction of, our or our customers’ data.
BY USING OUR SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR INTERACTION WITH THIRD-PARTY SERVICES THROUGH THE SERVICES DOES NOT IMPLY THE COMPANY’S ENDORSEMENT OR RECOMMENDATION OR THAT THE COMPANY IS AFFILIATED WITH THE OWNERS OR DEVELOPERS OF THIRD-PARTY SERVICES. YOUR RELATIONSHIP WITH THIRD-PARTY SERVICES IS GOVERNED BY THE APPLICABLE TERMS OF SERVICE OF SUCH PRODUCTS AND SERVICES. THE COMPANY SHALL NOT BE NOT LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF USING THIRD-PARTY SERVICES, OR AS A RESULT OF ANY RELIANCE ON THE COMPLETENESS, CONTENT OR ACCURACY OR EXISTENCE OF ANY THIRD PARTY SERVICES.
Our Services may be subject to fees and commissions charged by us (“Fees“) (excluding and in addition to any fees imposed by Third-Party Services). All applicable Fees, if any, shall be posted on our Website or App. By using the Services, you agree to pay all applicable Fees in their due date. The Company reserves the right to modify the rates and amounts of Fees from time to time after notifying users in advance via our Website or Apps. Your continued use of our Services shall be considered as your consent and to such changes. For the avoidance of doubt, the Company shall have no responsibility to notify users of changes to fees imposed by Third-Party Services, for which you are solely responsible to monitor and pay. You are also solely responsible to determine whether any taxes apply to any transaction via the Services and to withhold, collect, report and remit the correct amount of tax to the applicable tax authorities.
The Company owns (or has valid authorizations or licenses required for) the Services, including all worldwide intellectual property rights in the Services, and the trademarks, copyrights, service marks, and logos contained therein (subject to such trademarks, copyrights service marks, and logos which are expressly denoted as belonging to third parties).
All rights in the foregoing and all rights not expressly granted hereunder are reserved by the Company to the fullest extent permitted under any applicable law. In addition, we will own any intellectual property in respect of features or functionalities of the Services that are based on your suggestions, improvements or feedback.
Except as expressly permitted herein, you may not copy, modify, duplicate, distribute, display, perform, sublicense, decipher, decompile, reverse engineer, translate, port, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Services, any content appearing on the Services, or any material that is subject to our proprietary rights. You may not use any of the foregoing to create any software or service similar to the Services.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of the Company or any third party.
You may not or attempt to (a) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict the use or copying of any content; (b) use any robot, spider, website search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; or (c) harvest, collect or mine information about users of the Services.
We take all breaches of our Terms seriously and if we do consider that a breach of these Terms has occurred, we may take such action as we deem appropriate, which may extend to any one or all of the following (without limiting any right or remedy available to us under applicable laws):
We exclude any and all liability for all actions we may take in response to breaches of our Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILBLE” AND “WITH ALL FAULTS” BASIS, AND THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF THE SERVICES, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY YOUR DECISIONS FOLLOWING THE USE OF SERVICES OR BY ANY THIRD-PARTY PLATFORMS. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. THE USE OF THE SERVICES IS AT THE USER’S SOLE RESPONSIBILITY AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR, AND SHALL NOT BE HELD LIABLE, IN ANY WAY, FOR ANY DAMAGE OR LOSS THAT MAY BE CAUSED, EITHER DIRECTLY OR INDIRECTLY, DUE TO THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION TO ANY FINANCIAL OR INVESTMENT DECISION FOR WHICH YOU SHALL BE SOLELY RESPONSIBLE. THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS AND PURPOSES, OR THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOLWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR DATA STORED ON IT, OR ANY MONETARY OR FINANCIAL DAMAGES ARISING FROM DECISIONS YOU MAKE AFTER THE USE OF SERVICES, IS SOLELY YOURS.
THE SERVICES DO NOT CONSTITUTE PERSONALISED INVESTMENT RECOMMENDATIONS OR ADVICE BASED ON YOUR SPECIFIC NEEDS AND RISK TOLERANCE. YOU ARE REPONSIBLE TO CONDUCT INDEPENDENT RESEARCH AND CONSULT WITH A FINANCIAL ADVISOR OR PROFESSIONAL BEFORE MAKING ANY INVESTMENT DECISION.
SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, FINANCIAL LOSSES, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES, IMPROPER USE OF THE SERVICES, OR ANY DAMAGES OR LOSSES CAUSED BY YOUR DECISIONS AFTER USING THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE SERVICES IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
You shall defend, indemnify, and hold harmless the Company, its affiliates and each of their employees, contractors, directors, officers, suppliers, agents, service providers and representatives from all liabilities, losses, claims, and expenses (including without limitation to reasonable attorney’s fees), including, but not limited to, with respect to any third party claims that arise from or relates to:
The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and fully cooperate with the Company in connection therewith.
Subject to any applicable law, we reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, in whole or in party, the Services without notice, at any time. You agree that your continued use of the Services following such modifications constitutes your acceptance of such modifications.
These Terms commence upon your first use of the Services and will remain in effect until terminated or expired. You may stop using the Services at any time, at your sole discretion. The Company may stop providing the Website and the App and may terminate use of it at any time upon its sole discretion without giving notice of termination to you. Upon any termination, (a) the rights granted to you in these Terms will end; (b) you shall stop using the Services.
The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive.
Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and General parts hereunder will survive the termination or expiration of the Terms.
These Terms are governed by the laws of Cyprus and the Cypriot courts shall have exclusive jurisdiction over all disputes between the parties related to these Terms. Notwithstanding the foregoing, the Company may file a suit for collection of payment in any country where you or your entity are located.
Changes to Terms. The Company may change the Terms from time to time, and such change will become effective upon the date on which it is posted on the Website and App. You are responsible for checking the Website and App regularly for such changes. By continuing to access or use the Services you agree to be bound by the revised Terms.
Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
Waiver. No failure or delay on the part of any party in exercising any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and Company.
Entire Agreement. These Terms contain the entire agreement between the Company and you relating to your use of the Services and supersedes any and all prior agreements between Company and you in relation to the same. You confirm that, in agreeing to accept these Terms, you have not relied on any representation except as has expressly been made by the Company in these Terms.
Assignment. You may not assign your rights or delegate your obligations under these Terms without the Company’s prior written consent. Any purported assignment contrary to this section will be null and void and without effect. The Company may assign its obligations under these Terms without your consent and without notice or obligation to you.
No Third-Party Rights. There are no third-party beneficiaries to these Terms.
Force Majeure. The Company shall not be responsible for any failure to perform any obligation or provide any service hereunder because of any (a) act of God, (b) pandemics, natural disasters, war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, or (d) other similar cause beyond Company’s reasonable control. For the avoidance of doubt, any problems relating to the hosting of the Services shall not be deemed within Company’s reasonable control.
If you have any questions about these Terms or about the Company in general, please contact us: [email protected].
Please note that depending on the nature of your inquiry, and in order to allow the appropriate handling thereof, we may request that you provide additional information.
PLEASE READ THESE TERMS OF USE AGREEMENT (THE “TERMS”) CAREFULLY AS THEY FORM A BINDING LEGAL AGREEMENT BETWEEN YOU AND SENDTECH INNOVATIONS LTD. (“SENDCRYPTO” OR “WE: AND ITS DERIVATIVES). THIS SITE AND ANY OTHER SITES OF SENDCRYPTO (COLLECTIVELY, THE “SITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY Sendcrypto. THESE TERMS GOVERN THE USE OF THE SITE AND APPLY TO ALL VISITORS TO THE SITE AND THOSE WHO USE THE BLOCKCHAIN CURRENCY MANAGEMENT SOFTWARE THAT IS DOWNLOADABLE FROM THE SITE (THE “SOFTWARE”), AS WELL AS OTHER SERVICES AND RESOURCES CONTROLLED BY SendCrypto THAT ARE AVAILABLE OR ENABLED VIA THE SITE, (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”, WHICH TERM INCLUDES THE SOFTWARE AND THE SITE UNLESS EXPLICITLY SET FORTH BELOW). IMPORTANTLY, AS DISCUSSED IN SECTION 1.4 BELOW, THESE TERMS DO NOT GOVERN ANY INTERACTIONS YOU MAY HAVE WITH OUR THIRD PARTY API PROVIDERS, EACH OF WHICH HAS ITS OWN TERMS. BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, DOWNLOADING THE SOFTWARE AND/OR BROWSING THE SITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SENDCRYPTO, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF THE LEGAL ENTITY ON FOR WHOM YOU ARE USING THE SERVICES. THE TERM “YOU” REFERS TO YOU INDIVIDUALLY OR THE LEGAL ENTITY ON WHOSE BEHALF THE SERVICES ARE USED, AS APPLICABLE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
Sendcrypto may modify these Terms at any time and in our sole discretion. If we do so, we will change the “Last Updated” date at the beginning of these Terms. By Continuing to use the Site or 1 Services following the release of updated Terms you consent to the updated Terms. We invite you to check this page regularly for updates to these Terms.
The Software, The Software, the Site, the Services, and the information and content available therein (“Sendcrypto Content”) are protected worldwide by copyright laws. Subject to the Terms, Sendcrypto grants you a limited license to reproduce portions of Sendcrypto Content solely as required to use the Services for your personal or internal business purposes. Unless otherwise specified by Sendcrypto in a separate license, your right to use any Sendcrypto Content is subject to these Terms. Sendcrypto is not a bank or financial institution and does not provide investment or financial advice, or consulting services to users of the Services. We are solely the provider of the Services.
1.1. Sendcrypto Software. Use of the Software is governed by these Terms. Sendcrypto delivers the Software via download and Sendcrypto will not provide you with any tangible copy of the Software. Subject to your compliance with the Terms, Sendcrypto grants you a nonassignable, non-transferable, non-sublicensable, revocable, and non-exclusive license to use the Software on computers you own or control solely for your personal or internal business purposes. Because the Software is locally installed, you are responsible for the security of the device on which it is installed, including ensuring that you keep anti-virus software current and otherwise protect the device on which the Software is installed against malware. Sendcrypto is not responsible for any loss or damages – including loss of funds or lockout from accounts accessed via the Software – resulting from your failure to keep the device on which the Software is installed safe and free of any malware. Sendcrypto cannot recover passwords or unlock account information stored on the Software in any circumstances, including if the Software is compromised by malware on your computer, and it is your sole responsibility to take all reasonable precautions to secure and backup your copy of the Software and the information stored on it.
1.2. Updates. The Software and Services are evolving and you may be required to accept or install updates to the Software or Services, or update third-party software (i.e., browsers or OS) in order to keep using the Software or Services or access their latest features, including security updates. We may update the Software and Services at any time, without providing notice.
1.3. Certain Restrictions. By accessing the Services, you agree not to:
(a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or Sendcrypto Content, or any portion thereof, including on a service bureau or equivalent basis;
(b) frame or enclose any trademark, logo, or other Sendcrypto Content, (including images, text, page layout or form);
(c) use any metatags or other “hidden text” using Sendcrypto’ name or trademarks;
(d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services or Software (except to the extent this restriction is expressly prohibited by applicable law);
(e) use any manual or automated software, devices or other processes (including spiders or other data mining tools) to “scrape” or download data from any web pages in the Site (except that we grant operators of public search engines revocable permission to do so for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such content;
(f) access the Site, Services, or Software in order to build a similar or competitive Site, Services, or Software;
(g) copy, reproduce, distribute, republish, download, display, post or transmit any Sendcrypto Content except as expressly permitted herein; and
(h) remove or destroy any copyright notices or other proprietary markings contained on or in the Services or Sendcrypto Content. Sendcrypto, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Services terminates the licenses granted by Sendcrypto herein.
1.4. Third Party API Providers
1.5. User Content.You are responsible for all data and information provided or uploaded by you to the Services (“User Content”), whether publicly posted (i.e., in a user forum, if applicable) or privately transmitted (i.e., to us in connection with a support request). You are solely responsible for the accuracy and completeness of User Content you submit, and represent and warrant that you have all rights required in order to post such User Content. We may, in our sole discretion, delete any User Content that we determine violates these Terms. To the extent that you provide us with or we may have access to any information that allows us to identify you or any other individual (“Personal Information”) in connection with your use of the Services, we will preserve, safeguard, and use such information as set forth in our Privacy Policy.
1.6. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to use the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing or using the Services.
2.1. Generally. Sendcrypto and its suppliers own all right, title and interest in and to the Sendcrypto content contained within the Software, Site, and Services. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sendcrypto Content.
2.2. Trademarks. Sendcrypto Movement, Inc. and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Sendcrypto and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in the Site or Services are the property of their respective owners.
2.3. User Content. You own your User Content. By posting, displaying, sharing or distributing User Content on or through the Software, Site, or Services, you grant us, and any Third Party API Provider used in connection with the Services, a nonexclusive license to use the User Content solely for the purpose of operating the Services. Except as prohibited by applicable law, we may disclose any information in our possession (including User Content) in connection with your use of the Services, to:
(a) comply with legal process;
(b) enforce these Terms,
(c) respond to your requests for customer service, or
(d) protect the rights, property or personal safety of Sendcrypto, our employees, directors or officers, partners and agents, or members of the public.
2.4. Feedback. You may provide ideas, suggestions, documents, and/or proposals about the Services to Sendcrypto through any means (“Feedback”), and you grant Sendcrypto a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and sublicensable right and license to use Feedback for any legitimate purpose.
You may not use the Software, Site, or Services for any purpose that is prohibited by the Terms or applicable law. You will not (and will not permit any third party to) take any action or make available any content on or through the Site, Software, or Services that:
(a) infringes any intellectual property rights of any person or entity;
(b) is unlawful, threatening, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or offensive;
(c) is unauthorized or unsolicited advertising, junk or bulk e-mail; d) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(e) impersonates any person or entity, including any employee or representative of Sendcrypto;
(f) interferes with the proper functioning of the Software, Site, or Services;
(h) attempts to do any of the foregoing.
Although Sendcrypto does not generally monitor user activity on the Software, Site or Services, if Sendcrypto becomes aware of any possible violations by you of any provision of the Terms, Sendcrypto may investigate such violations, and at its sole discretion may take any of the actions set forth in Section 8 below.
You agree to indemnify and hold Sendcrypto harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of:
(a) your use of, or inability to use, the Software, Site, or Services;
(b) your violation of the Terms;
(c) your violation of any rights of another party, including any other users of the Software, Site, or Services; or
(d) your violation of any applicable laws, rules or regulations. Sendcrypto may, at its own cost, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sendcrypto in asserting any available defenses. This provision does not require you to indemnify any Sendcrypto Party for any fraud, gross negligence, or wilful misconduct in connection with the Services.
6.1. As Is. THE SOFTWARE, SITE, SERVICES, AND ANY INFORMATION DISPLAYED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND Sendcrypto EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE, SERVICES, SOFTWARE, OR ANY INFORMATION DISPLAYED THEREIN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ALL RISK OF USE OF THE SITE, SERVICES, AND SOFTWARE RESTS ENTIRELY WITH YOU.
6.2. Beta Releases. FROM TIME TO TIME, SENDCRYPTO MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES, WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT Sendcrypto’ SOLE DISCRETION.
Third Party Conduct. Sendcrypto IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SENDCRYPTO LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON OR ACCESSED VIA THE SOFTWARE, SITE, OR SERVICES, INCLUDING THE USE OF THIRD PARTY API PROVIDERS’S SOFTWARE AND OR SERVICES. THE RISK OF INJURY FROM USE OF SUCH THIRD PARTY SOFTWARE AND SERVICES RESTS ENTIRELY WITH YOU.
7.1. Disclaimer. IN NO EVENT WILL SENDCRYPTO BE LIABLE FOR ANY LOST PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT SENDCRYPTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY ASSERTED.
7.2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL SENDCRYPTO BE LIABLE TO YOU FOR DAMAGES ARISING OUT OF THE USE OF OUR SOFTWARE, SITE, OR SERVICES EXCEEDING ONE THOUSAND DOLLARS ($1,000.00).
7.3. Exceptions. The limitations in Sections 7.1 and 7.2 will not apply to damages caused by the fraud, gross negligence, or wilful misconduct of Sendcrypto, or to the extent such limitations are precluded by applicable law (in which case Sendcrypto’ liability will be increased to the minimum amount required to comply with such law).
8.1. Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect for so long as you access or use the Software, Site, or Services, unless terminated earlier in accordance with this Section 8.
8.2. Termination by Sendcrypto. Sendcrypto may, at any time and for any reason, cease providing any or all of the Software, Site, or Services, and/or terminate the Terms. Without limiting the foregoing, we may also terminate your access to any or all of the Sendcrypto content.
8.3. Termination by You. Except as set forth in Section 8.4, these Terms will be of no further force and effect with respect to you if you cease all use of the Services and Software and no longer visit the Site.
8.4. Effect of Termination. Upon termination of any Service, your right to use the Software, Site, and Service will automatically terminate immediately. Sendcrypto will not have any liability whatsoever to you for any suspension or termination. All provisions of the Terms which by their nature should survive termination of Services will do so, including Sections 2, 5, 6, 7 and 8.4.
9.1. Electronic Communications. Communications between you and Sendcrypto use electronic means, whether made via the Site or Services or sent via e-mail, or whether Sendcrypto posts notices on the Site or Services. For contractual purposes, you (1) consent to receive communications from Sendcrypto in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Sendcrypto provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
9.2. Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Sendcrypto’ prior written consent.
9.3. Force Majeure. Sendcrypto will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
9.4. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Site, Services or Software, please contact us at: [email protected].
9.5. Exclusive Venue. To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Sendcrypto agree that all claims and disputes arising out of or relating to the Terms will be litigated exclusively in the Republic of cyprus.
9.6. Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE REPUBLIC OF CYPRUS, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
9.7. Notice. Where Sendcrypto requires that you provide an e-mail address, you are responsible for providing Sendcrypto with your most current e-mail address. In the event that the last e-mail address you provided to Sendcrypto is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Sendcrypto’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
9.8. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
9.9. Severability. If any portion of these Terms is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
9.10. Export Control. You may not use, export, import, or transfer the Services except as authorized by EU, U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for 13 any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Sendcrypto are subject to the export control laws and regulations of the United States. You will comply with these laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer Sendcrypto products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations
9.11. Entire Agreement. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
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