Terms of Service
Last modified: 10th July, 2020.
For more information on the Company, you can refer to the Contact Us section of the Platform or the Contact Us section of these Terms of Service.
These Terms of Service, all its annexes, documents, material and information incorporated here as reference (the “Terms of Service”), are an agreement between the Company and any person who accesses and/or uses the Platform and/or any of the services offered by the Company through it. These Terms of Service describe the rights and obligations of the Company and the Users, and establish the conditions to use of the Platform and the Services.
Changes to the Terms of Services
The Company reserves the right to modify or change the terms and conditions of these Terms of Service at any time and at its sole discretion. If you do not agree to the updated Terms of Service, you must stop using the Services. The Company will provide appropriate notice of the updated terms – if you do not agree to the updated terms, the Company will provide you with the opportunity to terminate your account and relationship with the Company.
Any and all modifications or changes to the Terms of Service will be effective immediately upon being announced on the Platform or released to users. As such, your continued use of the Services acts as acceptance of the amended Terms of Service.
By accessing the Platform and/or using the Services, you have affirmed that you are an individual of -at least- 18 years old, with full legal capacity to enter into these Terms of Service between you and the Company, and that you are not prevented from using the services by any applicable legislation.
Users can only access the Platform and use the Services on their own behalf and in their own name. Accessing the Platform or using the Services on behalf of third parties, as an agent or a proxy, is forbidden.
If you are registering to use the Services as a legal entity, you warrant that such legal entity is duly incorporated/established and in good standing under the applicable laws of the jurisdiction of its incorporation and that you are its legal representative, duly authorized by it to act on its behalf.
By accessing and using the Platform and any of its Services, you acknowledge, declare and guarantee that you are not: (i) on any national or international trade or economic sanctions lists, such as the United Nations Security Council Sanctions List and/or its equivalents; (ii) are not a national, resident, or citizen of any country or territory listed in national or international trade or economic sanctions lists; and/or (iii) a person linked to the United States of America.
A person linked to the United States of America shall be understood as: (a) a citizen of the United States of America, (b) a resident of the United States of America, meaning (i) “Green card” titular, or (ii) Someone who is physically present in the United States for 31 days in the current calendar year, and 183 days in three (3) years’ period including the current year, and two (2) years immediately before this, counting: (I) all the days present in the United States in the current year, (II) 1/3 of the days present in the United States, in the first year before the current year, and (III) 1/6 of the days present in the United States, in the second year before the current year; a (iii) a person who could be considered a resident for tax purposes in the United States; or (iv) a person with a United States mailing address or a United States telephone number; (c) a society, partnership or an organized corporate entity or existing, according any State territory or possession of the United States’ laws; (d) an estate or trust which any executor, administrator or trustee is a US person; (e) an agency or a foreign entity’s branch located in the united states; (f) a discretionary or non-discretionary account provided for a fiduciary for the benefit or a United States person’s account; (g) an association, partnership, corporation or entity that does not belong to the United States but is owned or controlled by a United States person; or (h) a company, corporation or entity with a United States postal address, or a United States telephone number.
The Platform and the Services are only available to citizens and/or residents of selected countries (said countries will be announced on the Platform). The Company reserves the right to select new markets and jurisdictions to operate at its sole criteria and without need of prior notice of such decision.
Users further represent and warrant that they have not been previously suspended from using the Platform or the Services and have full legal capacity to enter into the Terms of Service and that, by doing so, will not violate any agreement to which they could be a party, that they are not subject to any freezing order or other interdiction or restriction of any kind under applicable law entering into transactions or owning and disposing of assets. Users will not use the Platform or the Services in breach of any applicable laws in their country of residence or incorporation.
The use of the Services is subjected to a process of validation of the identity of the Users performed by the Company (or by a third party provider of those services). The Company reserves the right to not provide Services to the User or to disable access to the Platform or the Services if deemed expedient and/or necessary pursuant to applicable laws and regulations, or when it is reasonable, to its exclusive criteria and without prior notice. It is possible that the Company may ask the User to send additional information to that indicated on the Platform, to provide other records and all types of documentation and even to hold personal meetings with their representatives. The cost of this enhanced validation process will be borne by the User.
The refusal of the User to provide the requested additional information or to attend meetings and answer the questions made by the representatives of the Company will grant the Company the right to suspend, restrict or cancel the access of the User to the Platform and the Services without notice.
Users must register an account at the Platform to access and use the Services. Users will be required to provide an email address and set up a personal password.
In order to continue with the registration process, Users must first verify the email address that they have submitted upon creating their account. Once the email address is verified, Users will be required to provide additional identification information.
Before opening an account, you will be required to read and accept the Terms of Service.
The Company does not guarantee that any person who completes the registration process will be admitted as a User and undertakes no liability in case the application to become a User is rejected.
Platform’s use and access responsibility.
The Services are provided by the Company exclusively through the Platform, which the User shall access through the use of electronic devices. Only Users who have registered an account and have passed the identity verification and Know Your Client processes of the Company are able to access the Platform and use the Services.
Users are responsible for all the activities carried out in the Platform through the access to their account and the use of the Services and agree to hold the Company harmless for any damages and/or claim derived from it.
Users are responsible for the safekeeping of their account information and password. Users will strictly observe the security, authentication, and any other mechanism or procedures established in the Platform and agree to notify the Company immediately if they are aware of any unauthorized use of their account and/or password by any other person.
Non-compliance with the Terms of Service
The Company will have the right to cancel, suspend or restrict the access to the Platform and/or the Services, and to take any other action it deems appropriate, in the event that the User does not meet the requirements referred in this Terms of Service or stops fulfilling them in the future.
Under no circumstances will the company be responsible for damages of any kind that the User or any third party related in any way to him or her may suffer as a result of the cancellation, suspension or restriction of the access to the Platform or the Service as a consequence of the lack of compliance with these Terms of Service.
About Relay Tech Tokens
The Company issues, sales and repurchases “ARST” and “BRLT” tokens (together, “Relay Tech Tokens”). Relay Tech Tokens are digital tokens that operate on the Stellar blockchain protocol.
Relay Tech Tokens are fully backed by the fiat currency that each of them refers to, as the Company holds in its accounts in financial institutions and regulated payment processors (“Segregated Accounts”) the equivalent amount of fiat currency to the total Relay Tech Tokens issued and still in circulation. Relay Tech Tokens are pegged in a one to one relation with the fiat currency that they refer to. For example: for each ARST issued in circulation, the Company will hold one Argentine peso in its Segregated Accounts.
Relay Tech Tokens are not fiat currency, money, or monetary instruments.
Relay Tech Tokens are issued or repurchased by the Company only in consideration for the fiat currency that they refer to.
Relay Tech Tokens are not securities or financial instruments. The Company will not pay any interest or other income derived from the Relay Tech Tokens to the Users nor to anyone who has a right over the Relay Tech Tokens. The Company may collect and retain for its own account interest on the fiat currency deposits held in the Segregated Accounts.
Description of the Services
Issuance of Relay Tech Tokens
The Services allow Users to request from the Company the issuance and purchase of Relay Tech Tokens through the use of the Platform.
The identification data of the User’s wallet to which the issued Relay Tech Tokens will be transferred, must be provided by the User to the Company through the Platform or will be provided by the third party that links the User with the Platform. The wallet to which the Relay Tech Tokens are transferred must be owned, accessed and used exclusively by the User. Users guarantee that the identification of the wallet provided to the Company is true, accurate and complete and that it corresponds to a compatible wallet for the receipt of the purchased Relay Tech Tokens.
The Company is not responsible for any incorrect identification information of the wallet provided by the users or by third parties. Users acknowledge that the Company does not have any type of control, obligation or liability with respect to the custody of their wallets, private or access codes, or any issues related to the Users’ wallet.
Users acknowledge that transfers of Relay Tech Tokens to their wallets are irreversible by the Company.
Users acknowledge that it may be delays between the time in which a issuance and purchase request is placed at the Platform and the transfer of the Relay Tech Tokens is performed, due to, among other contingencies, processing issues related to the blockchain protocol. The Company will not be liable for such delays or any damage suffered by Users as a consequence thereof.
Acceptance of issuance and purchase requests
Issuance and purchase requests placed by the Users at the Platform will not be considered perfected nor will generate any type of responsibility or obligation in charge of the Company until the Company accepts them and the total amount of fiat currency necessary to comply with them has been received by the Company and is fully available.
The execution of the Relay Tech Tokens issuance and purchase request made by the User, will demonstrate the Company’s acceptance.
The Company reserves the right to reject any issuance of purchase request at its sole discretion.
Provision of funds to Company
The only authorized and valid methods for the Users to provide funds to the Company for the payment of their issuance and purchase requests are those specific authorized methods and third party payment processors enabled at the Platform.
The Company will not accept deposits or transfers of any amount of fiat currency made by the Users by any other method other than those specified on and enabled by the Platform. Neither will the Company accept bank deposits or transfers to other bank or any other types of account of the Company that have not been made within the framework of the procedures established in the Platform. In such cases, the Company will proceed to return the funds to the User, at their sole expense, and in no case shall it be understood that the deposit or transfer of funds constitutes a payment of any nature.
Users should be aware that provision of funds though a third party payment system may not be credited immediately. This process may take more than three business days.
Repurchase of Relay Tech Tokens
The Services allow Users to request from the Company the repurchase of Relay Tech Tokens through the use of the Platform. As discussed further below, such a repurchase request may be accepted or rejected by the Company in its sole discretion, with no obligation on the part of the Company to provide to the User reasons for any rejection.
The Company will provide Users with identification data of a wallet to which the Users must transfer the Relay Tech Tokes that they wish for the Company to repurchase, after placing their repurchase request though the Platform.
Users acknowledge that there may be delays between the time at which a repurchase request is placed at the Platform and the time at which the repurchase of the Relay Tech Tokens is performed, due to, among other contingencies, processing issues related to the blockchain protocol. The Company will not be liable for such delays or any damage suffered by Users as a consequence thereof.
Acceptance of repurchase requests
Repurchase requests placed by the Users at the Platform will not be considered perfected nor will generate any type of responsibility or obligation on the part of the Company until the Company accepts them and the total quantity of Relay Tech Tokens necessary to comply with them has been received by the Company and it is fully available.
The execution of the Relay Tech Tokens repurchase request made by the User, consisting on the transfer of the corresponding fiat currency to User, will demonstrate the Company’s acceptance.
The Company reserves the right to reject any repurchase request at its sole discretion.
Provision of funds to Users
The only authorized and valid methods for the Company to transfer fiat currency to Users as payment for the repurchase of Relay Tech Tokens are those specific authorized methods and third party payment processors enabled at the Platform.
Users shall provide to Company through the Platform the information of their bank account or the equivalent account in one of the authorized payment processors. Such accounts must be owned, accessed and used exclusively by the User.
Users should be aware that transfer of funds though a third party payment may not be credited immediately. This process may take more than three business days.
Relay Tech Tokens will be repurchased only for the same amount and type of fiat currency that they refer to. For example: one ARST will be repurchased for one Argentine peso. Relay Tech Tokens will not be repurchased for any fiat currency different than the one they refer to.
Refusal of issuance or repurchase requests
The Company reserves the right to refuse to issue or repurchase Relay Tech Tokens at its sole discretion and, without limiting the generality of the foregoing, if any act, conduct, transaction, omission, or misrepresentation, or the party requesting the issuance or repurchase, violates, attempts to violate, causes, aids, or abets the violation of any applicable laws, statutes, ordinances, or regulations; is suspected or believed to be blocked property, frozen assets, or economic resources, or the proceeds of any crime, terrorist financing, or corruption related to any person or government official under any applicable laws; or exposes the Company to sanctions, restrictions, or penalties.
Except as it may be disclosed in the future in the Platform under the Relay Tech Fee Schedule or as otherwise disclosed to Users prior to the acceptance of a Relay Tech Token issuance or repurchase request, the Company will not charge Users any fees for the Services.
Users are responsible for the payment of any fees or costs associated with the provision of funds to or from the Company that may be charged by the banks, financial institutions or payment processors involved.
The Company may establish certain minimum and/or maximum amounts of Relay Tech Tokens that can be issued or repurchased per request or for any certain period of time. These limits will be announced on the Platform.
The Company reserves the right to modify these limits at any time at its sole discretion.
Account Termination or Suspension
Users understand that, at any time, the Company will be entitled to restrict, suspend or terminate their account, the Platform and the Services, as well as to terminate or vary the Terms of Service; deny or restrict access to the Platform including its content or tools, delay or remove hosted content, and take technical and legal measures; deny processing any transaction; cancel or reverse any transaction or pending transaction, even if funds have been debited from your payment method.
Stellar blockchain protocol
Relay Tech Tokens operate on the Stellar blockchain protocol. Therefore, the Company does not have any ability or obligation to prevent or mitigate attacks or resolve any other issues that might arise with the Stellar blockchain protocol. Any such attacks or delays on the Stellar blockchain might materially delay or prevent Users form using the Services, and the Company shall bear no responsibility for any losses that result from such issues.
The Company reserves the right to migrate Relay Tech Tokens to another blockchain or protocol in the future should the Company determine, in its absolute discretion, that doing so is necessary or desirable. Upon the Company’s request, Users agree to take any and all actions the Company may deem necessary to effectuate the migration of their Relay Tech Tokens to another blockchain or protocol identified by the Company. If Users fail to effectuate such migration, the Relay Tech Tokens may not be compatible with their account going forward.
The Company will not be responsible or liable for any damages, losses, costs, fines, penalties or expenses of whatever nature, whether or not reasonably foreseeable by the parties, which Users may suffer, sustain or incur, arising out of or relating to your failure to effectuate such migration of their Relay Tech Tokens to another blockchain or protocol identified by the Company.
Users understand and accept that the Services, as well as any other information obtained from the Company, are not directed, designed or in any way oriented to provide any type of financial advice or investment or purchase advice of any kind.
The Company does not provide financial advice, investment advice, recommendation, or guidance, whether in connection with the Services or otherwise. No communication between the Company and the Users should be considered any form of investment advice. Any decision to request the issuance or repurchase of Relay Tech Tokens is an exclusive decision of the Users, at their own risk, and the Company will not be liable for any loss suffered.
Third party participation
The rendering of the Services involves the participation of the Company as well as other third party providers of complementary services such as, for example, identity verification, automated data processing, blockchain monitoring and payment processing.
Third Party Websites
The Website and/or Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us (collectively and individually, “Third Party Websites“).
These Third Party Websites may have their own terms and conditions of use and privacy policies and your use of these Third Party Websites will be governed by and subject to such terms and conditions and privacy policies. You must ensure that you have read, understood and agreed to all of the terms and conditions, policies and guidelines of the Third Party Websites
Users understand and agree that the Company does not endorse and is not responsible or liable for the behavior, features, opinions, advice, statements, prices, advertisement, or any other content of any of the Third Party Websites or for any transaction you may enter into with the provider of any such Third Party Websites.
Compliance with local Laws, AML and CTF rules.
The Services are subject to the laws, regulations, and rules of any applicable governmental or regulatory authority, including, without limitation, all applicable tax, anti-money laundering (“AML”) and counter-terrorist financing (“CTF”) provisions. User are also responsible for their compliance with their local laws in relation to the legal usage of the Services in their local jurisdiction.
Users acknowledge and declare that the source of their funds come from a legitimate manner and are not derived from illegal activities. The Company reserves the right to request proof of the source of wealth or source of funds from any of its registered Users, both personal and institutional.
The Company maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate the account and funds of Users which are flagged out or investigated by legal mandate.
The company reserves the right not to issue, repurchase, sell or otherwise deal with any Relay Tech Token to a User that does not comply with any applicable laws or regulations, in particular (but without limitation) those related to AML and CTF.
Users are responsible to factor, to the extent of their local law regarding all aspects of taxation, the withholding, collection, reporting and remittance of any amounts attributable to tax to their competent tax authorities.
Users are exclusively responsible and liable for any and all tax obligations (either national, provincial or municipal) which may apply to the use of the Services in their local jurisdiction, including, without limitation, any withholding, collection, reporting and remittance to the appropriate tax authorities. The Company shall not be liable for any breach or non-compliance by Users on their tax obligations.
The Company reserves the right to deduct any taxes, banking or payment processing costs and/or any other commissions which may apply to any transaction, from the funds received by Users or sent to Users
You should carefully consider and evaluate each of the following risk factors and all other information contained in these Terms of Service before using any of the Services.
An inherent risk exists that losses will occur as a result of buying, selling or trading anything on a market. You may increase or lose value in your assets at any time due to price volatility, especially in the crypto-currency market, and the potential loss in trading or holding Digital Currencies can be substantial.
We do not guarantee that any Relay Tech Token will currently or in the future maintain a certain value or market liquidity, and you understand that the current market value or price of Relay Tech Tokens can drop as low as zero at any point. You acknowledge that we also do not guarantee that you will be able to sell or purchase Relay Tech Tokens to or from any third party.
Historically, currency, and fiat money in particular, have been backed by banks and government entities, or backed up by commodities, such as silver or gold. However, digital tokens are not regulated by any central bank or other government authority. Instead, digital tokens are backed by technology and trust, and currently, there is no bank or government regulator that can take measures to protect the value of the digital tokens in a crisis, issue more currency, or balance the price fluctuations.
Digital tokens are based on blockchain technologies, a digital, decentralized and partially anonymous system that relies on peer-to-peer networking, which could collapse at any given moment, and cryptography to maintain its integrity. This system has been the subject of scrutiny by various regulatory bodies around the world. Therefore, the functioning of the Platform and the Services could be impacted by one or more regulatory inquiries or actions, including, without limitation, the licensing of or restrictions on the use, sale, or possession of digital tokens like Relay Tech Tokens, which could impede, limit or end the Services or your ability to trade the Relay Tech Tokens at any point. Regulatory changes could have negative and material impact that could result in the Relay Tech Tokens having little or no value whatsoever.
Relay Tech Tokens, when transferred, will be controllable only by the possessor of unique private keys relating to the addresses in which they are held. The theft, loss or destruction of a private key required to access Relay Tech Tokens may be irreversible, and because the Company does not have access to those private keys, such private keys cannot be restored by the Company. Hence, the Company will not be responsible for Users’ loss of access to their personal virtual wallets.
You are aware that additional risks of trading digital tokens may exist that have not been set forth in these Terms of Service, and you understand that it is your responsibility to carefully assess all the risks and determine whether your financial standing and tolerance for risk are suitable for buying, selling or trading digital tokens. It is also your responsibility to seek professional advice prior to using the Services and the Platform, and you understand that the Company does not provide any investment, legal, or tax advice.
You understand and bear the risk that any use of the internet may be subject to a virus attack and/or communication failure. You should use a reputable and available virus screening and prevention software at all times. The Company shall not bear any liability, whatsoever, for any damage or interruptions caused by computer viruses, spyware, Trojan horses, worms or other malware that may affect your systems, computer or other equipment, or any phishing, spoofing or other virus attacks. The Company cautions you to carefully review any electronic messages purporting to originate from the Company, and to beware that electronic devices are vulnerable to phishing and spoofing scams and additional viruses.
USERS EXPRESSLY AGREE THAT THEIR USE OF THE SERVICES AND THE PLATFORM IS AT THEIR OWN RISK.
THE COMPANY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF QUALITY, SUITABILITY OR ADEQUACY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR ANY NON-INFRINGEMENT (WHETHER UNDER APPLICABLE LAW OR OTHERWISE) WITH RESPECT TO THE SERVICES.
THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT YOUR ACCESS TO THE COMPANY SERVICES AND/OR ANY PART OR MATERIALS MADE AVAILABLE THEREIN, WILL BE ACCURATE, FREE OF ERROR, COMPLETE, UNINTERRUPTED, CONTINUOUS, OR THAT ANY DEFECTS WILL BE CORRECTED, AND/OR THE SOFTWARE OR THE SERVER ASSOCIATED WITH THE COMPANY SERVICES ARE FREE OF VIRUSES AND BUGS. IN ADDITION, THE COMPANY ALSO MAKES NO REPRESENTATION CONCERNING THE FULL OR PARTIAL FUNCTIONALITY, ACCURACY, OR RELIABILITY OF ANY RESULTS, INFORMATION OR MATERIALS OBTAINED BY USERS THROUGH THE COMPANY SERVICES. USERS BEAR THE ENTIRE RISK AS TO THE USE, QUALITY, AND PERFORMANCE OF THE COMPANY SERVICES.
IN ADDITION, THE COMPANY MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES REGARDING THE TIME REQUIRED TO COMPLETE PROCESSING ANY TRANSACTIONS INVOLVING THE USE OF YOUR ELECTRONIC DEBIT OR CREDIT CARD OR BANK ACCOUNTS DETAILS, WHICH ARE DEPENDENT UPON MANY FACTORS BEYOND THE COMPANY’S CONTROL.
THE COMPANY MAKES NO WARRANTIES ABOUT THE VALIDITY, AUTHENTICITY, QUALITY, SUITABILITY, OR OTHERWISE, ABOUT ANY DIGITAL CURRENCY USERS RECEIVE THROUGH THE PLATFORM.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS AND/OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE OR ASSUME ANY OBLIGATION WHATSOEVER TO YOU OR ANYONE ON YOUR BEHALF, REGARDLESS OF THE FORM OF ACTION, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, INTANGIBLE, OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF CONTRACTS OR LOSS OF ANTICIPATED SAVINGS; AND./OR ANY LOSS OR ANY DAMAGE, ARISING FROM YOUR USE OF COMPANY SERVICES – WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR AUTHORIZED OR UNAUTHORIZED USE OF THE COMPANY SERVICES.
THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE.
YOU AGREE THAT YOU ARE FREE TO CHOOSE WHETHER TO USE THE COMPANY SERVICES AND DO SO AT YOUR SOLE OPTION, DISCRETION AND RISK.
YOU CONFIRM THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE COMPANY SERVICES.
YOU CONFIRM THAT IN THE EVENT THAT THE COMPANY SERVICES FAILS TO OPERATE CORRECTLY FOR ANY REASON WHATSOEVER, THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS WHICH YOU INCUR, INCLUDING ANY LOSS OF PROFITS THAT MAY RESULT.
WITHOUT DEROGATING FROM ANY OTHER PROVISION IN THE TERMS OF SERVICE, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE AMOUNT OF FIAT CURRENCY EQUIVALENT TO THE AMOUNT OF RELAY TECH TOKENS HELD BY THE USER IN A 1 TO 1 BASIS.
YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION, REGARDLESS OF THE FORM OF ACTION, WHICH YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE COMPANY SERVICES OR THE TERMS OF SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR OTHERWISE BE BARRED FROM RAISING ANY SUCH CLAIM OR CAUSE OF ACTION
THE COMPANY HAS NO OBLIGATION TO MAINTAIN YOUR ACCOUNT USERNAME OR PASSWORD. THE COMPANY SHALL NOT BE LIABLE IF YOU MISPLACE, FORGET OR LOSE YOUR ACCOUNT USERNAME OR PASSWORD BECAUSE OF ANYTHING OTHER THAN THE COMPANY’S NEGLIGENCE.
WE SHALL NOT BE LIABLE TO YOU IN ANYWAY WHATSOEVER FOR THE TRANSFER OF ANY AND ALL DIGITAL CURRENCY IF YOU PROVIDE US WITH ANY INCORRECT AND/OR INCOMPLETE, PUBLIC KEY, AND/OR VIRTUAL WALLET ADDRESS DETAILS. IN ADDITION, WE SHALL NOT BE LIABLE TO YOU IN ANY WAY WHATSOEVER FOR THE TRANSFER OF ANY AND ALL FIAT MONEY IF YOU PROVIDE US AND/OR THE CUSTODIAN, AS APPLICABLE, WITH ANY INCORRECT AND/OR INCOMPLETE PAYMENT DETAILS.
YOU FURTHER AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY AMENDMENT OR TERMINATION OF THE COMPANY SERVICES AND/OR TERMS OF SERVICE, OR SUSPENSION OF YOUR ACCESS TO THE COMPANY SERVICES, EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SET FORTH HEREIN.
Nothing in the Terms of Service will operate so as to exclude any liability of the Company for death or personal injury that is caused by the Company’s gross negligence.
USERS WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE COMPANY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT USERS ARE PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION AGAINST THE COMPANY, USERS AGREE THAT: (I) THEY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS, COLLECTIVE OR REPRESENTATIVE ACTION; AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.
Users agree to hold harmless, defend and indemnify the Company, its affiliates, its parent companies, and subsidiaries, and each of their respective officers, directors, agents, employees, representatives, and permitted assignees against any and all any losses, damages, costs, liabilities and expenses that have been reasonably incurred in connection with any claims or damages arising out of or related to your breach and our enforcement of these Terms of Service. This shall also apply to Users violation of any applicable law, regulation, or rights of any third party during their use of the Services.
The Company will not be responsible for any breach, loss, delay, suspension, failure or impossibility in the provision of the Services an /or in compliance with these Terms of Service on the occasion of any event that could be considered as a product of fortuitous event, force majeure or the fact of a third party for whom you should not respond.
It should be understood as cases of fortuitous event, force majeure or acts of a third party, without limitation or exclusion of others to: government restrictions or regulations, embargoes, informatic or cybernetics attacks of any kind, robbery, theft, any type of fraud, acts of terrorism, wars, riots, strikes, labor or industrial disputes of any kind, fires, explosions, earthquakes, floods, accidents, acts of sabotage, environmental disturbances, unusually severe weather conditions, telecommunications failure, power failure, Internet connection interruptions, breaches in linked service providers, or any other cause that could not have been foreseen or that could not be avoided. Likewise, they will not be attributable to the Company and Users exempt it from any responsibility regarding any type of factual or legal situation that could affect the banking entities where the collection bank accounts are open and where the funds were transferred for compliance with the payment management instructions issued to the Company and that implied the temporary or permanent impossibility to dispose, use, extract, turn or operate, either partially or totally, with these.
If the Company determines that any applicable law has made unlawful the provision of the Services, or if any governmental authority of the applicable jurisdiction has asserted that it is unlawful for the Company to provide the Services, or if any governmental authority of the applicable jurisdiction has imposed material restrictions on the authority of the Company to provide the Services, then, the Company at its sole discretion will be able to suspend or terminate the provision of the Services until it determines at it sole discretion that the circumstances that had motivated such determination no longer exist.
The Company and/or its controlling companies, affiliated or subsidiary companies, are the owners of all intellectual, authorship and industrial rights with respect to the Platform and Relay Tech Tokens, domain, software, hardware, logos, logos, emblems, designs, information and content. Users do not have any rights regarding those.
The brand names relating to the Platform, the Relay Tech Tokens and any other trademarks, service marks and/or trade names used by the Company either on its own behalf from time to time (the “Trade Marks”) are owned by the Company, its controlling companies, affiliated or subsidiary companies, or its licensors. In addition to the rights in the Trade Marks, the Company and/or its licensors own the rights in all other content of the Website (the “Content”).
By using the Website and/or the Services Users shall not obtain any rights in the Trade Marks or the Content and Users may use the Trade Marks and Content only in accordance with the Terms of Service.
Users may only install and use the software connected to the Website (the “Software“) and all content derived from the Software, including, but not limited to, the copyright and all other intellectual property rights in the Software, in connection with the Services for the User´ personal and non-commercial use and in accordance with the Terms of Service.
The Software’s code, structure and organization are protected by intellectual property rights. You undertake not to: copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; sell, assign, sublicense, transfer, distribute or lease the Software; make the Software available to any third party through a computer network or otherwise; export the Software to any country (whether by physical or electronic means); or use the Software in a manner prohibited by any laws or regulations which apply to the use of the Software
The Services have an indeterminate duration. Nevertheless, Users agree that the Company may finish, suspend or interrupt the provision of the Services unilaterally, discretionary and without expressing any cause. In the event Users incur in any type of breach regarding the conditions of use and obligations set forth in this Terms of Service, the Company may terminate the provision of Services.
Assignment of contract
For such time as a User holds Relay Tech Tokens, the User shall not have the right to transfer, delegate or assign to a third party, encumber, or dispose in any way of the rights and obligations linked or derived from the use of the Platform, the Services or these Terms of Service or his/her contractual position. The Company will be able to assign, transfer, delegate or dispose of the rights and obligations from these terms or the contractual position, in any form. Likewise, the User is forbidden from reselling the services of the Company to third parties.
The User constitutes his/her address for the purposes of this contract in the one he registered in the validation procedure of his identity established in the platform. The Company and the User accept that all notifications sent to said addresses will be valid.
If Users wish to ask any question related to the Services or the Platform, may contact the Company by writing an email to [email protected]
No waiver by any party of any breach of these Terms of Service or any delay or omission by any party in enforcing the terms of these Terms of Service shall prejudice their rights or operate as a waiver of any subsequent or continuing breach.
If any provision of these Terms of Service is or becomes illegal or invalid, that provision will be deemed deleted from these Terms of Service and the remaining provisions shall continue in force.
Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of or in connection with these Terms of Service or the conditions contained herein shall be governed by and construed in accordance with the laws of British Virgin Islands.