Terms and Conditions of Use

Welcome to CryptoSea (hereinafter also "CryptoSea" or "we/our"). We offer a software as a service solution, hereinafter referred to as the “Software" or “Platform” through our website www.cryptosea.com (the "Website") and our application available in the different app stores (the “App”). Our Platform enables you to create trading rules and automate their operation on third-party cryptocurrency exchanges, and we also offer software that provides the capability to plot signals on a chart, indicating opportune moments for buying and selling, a process that would typically require manual execution on the third-party exchange. The Platform, Website and App, hereinafter jointly be referred to as our “Services”.

These terms and conditions (the "Agreement" “Terms of Use”, “Terms of Service”), the privacy policy and the cookie policy govern the relationship between CryptoSea and its Users for any use of the Website and the Software that CryptoSea offers. This constitutes the entire, complete and binding agreement between you and CryptoSea with respect to the Software and Website. You are not permitted to use the Website and the Software without accepting these Terms.

You should also read our privacy and cookies policy at https://www.cryptosea.com/privacy (the “Privacy Policy”), which is incorporated by reference into the Terms of Use. If you do not wish to be bound by these Terms of Use or by the terms of our Privacy Policy, please do not access or use the Software.

These Terms of Use contain very important information regarding your rights and obligations, as well as conditions, limitations and exclusions. Please read these Terms of Use carefully before accessing or using the Software. By using the Software in any way and for any purpose, with or without a user account and from any device and location, you agree and confirm that:

1. you have read and understood these Terms of Use and you accept and agree to be bound by these Terms of Use as they appear on each respective date that you use the Software;

2. you assume all the obligations set forth herein;

3. you are of sufficient legal age and capacity to use the Software in accordance with the applicable jurisdiction;

4. you are not under the control of jurisdiction that explicitly prohibits the use of similar software;

5. you understand and agree that CryptoSea cannot take any responsibility for any financial losses, and

6. you use the Software at your discretion and under your own responsibility.

Please note that using the Services is not: (i) within scope of the jurisdiction of any financial ombudsman service as CryptoSea doesn’t offer any financial services and/or advice, or (ii) subject to protection under the financial services scheme, or (iii) within scope of the jurisdiction of, or subject to protection under, either of the schemes referred to in paragraph (i) or (ii).

We may amend, modify, update and change any of the terms and conditions contained in the Agreement from time to time. We will notify you of any amendment, modification, update and change by publishing a new version of the Terms of Use here, or by email. Any new version of the Terms of Use will take effect immediately upon publication on the Website or the App, and your use of the Website, the App and/or the Services after any changes to the Terms of Use will be deemed to constitute your acceptance of the new version of the Agreement.

1. DEFINITIONS

1.1. “Account” means a User’s account created on the Platform, which is limited for use by User via the Login Credentials.

1.2. “CryptoSea” is a company RISE MANAGEMENT CONSULTANCY - FZCO, address: Building A1, Dubai Digital Park, Dubai, United Arab Emirates, license number 44186

1.3. „User(s)” means individual consumers entitled to enter into the Terms of Use in accordance with the applicable law or legal entities making use of the Website or Software. Also referred to as "you".

1.4. “Platform” means a software developed and fully owned by CryptoSea, the Software enables Users to create various trading rules on a user-friendly digital interface.

1.5. “Rule(s)” means trading strategies, built with indicators such as but not limited to price, volume and market capitalization. The range of rules is subject to change in accordance with CryptoSea’s future amendments to the interface.

1.6. “Subscription” means one of the selected paid plans that permits the User to use the Software. You can select a monthly or an annual subscription plan upon registration.

1.7. “You” or “Your” refers to anyone who accesses Services through the Website www.cryptosea.com, API (as defined below) or App.

2. REGISTRATION AND PERSONAL ACCOUNT

2.1. In order to use the Services, you must meet the following eligibility:

i. If you are an individual, you must be at least 18 years old, to open an Account and use the Services.

ii. You are not in, under the control of, or a national or resident of Afghanistan, Cuba, Iran, North Korea, Syria, and other countries considered as prohibited jurisdictions in accordance with the applicable laws and regulation (each a “Prohibited Jurisdiction”), or if you are a person on the economic sanctions lists as published from time to time by applicable authorities (a “Prohibited Person”).

iii. You shall not supply any acquired or stored digital asset or Service to a Prohibited Jurisdiction, a national or resident of a Prohibited Jurisdiction, or a Prohibited Person.

iv. CryptoSea may cancel and/or suspend your Account and/or block transactions immediately, with or without notice, in the event a state, province, territory or country becomes a Prohibited Jurisdiction, or we determine, in our sole discretion, that you do not meet the eligibility requirements set forth in the Agreement.

2.2. If you want to use our Services, go to our Website and/or download our App.

2.3. To make use of all the functions of the Platform, CryptoSea requires you to register and create an Account. In order to create an Account, you will be asked to provide certain registration details and information that identifies each person who opens an account. Information we may request may include your name, address, telephone number, e-mail address, date and place of birth, taxpayer identification number, a government identification, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and other information as necessary. Your ability to access and use the Services, in whole or in part, may depend on the information you provide. You confirm that the information you provide is and will be accurate and authentic. You agree to keep your account updated if any of the information you provide changes. The e-mail address and chosen password, together, form the “Login Credentials”. We do not allow duplicate accounts to be opened by you and will open one and only one account per User. You agree not to circumvent any operational or technological measure that controls the number of accounts you can maintain with us.

2.4. CryptoSea doesn’t hold any cryptocurrencies or fiduciary money on the Users’ behalf to execute the transaction with the third-party cryptocurrency exchanges. The User deposits cryptocurrencies and/or fiduciary money with the third-party cryptocurrency exchanges, while using the Services.

2.5. You may not allow use of your Account by any third party. You are fully responsible for non-disclosure of your Login Credentials and the use of your Account. If, for whatsoever reason, your Account is blocked or deleted, you are no longer entitled to use the Platform, e.g. by using another Account and/or creating a new Account.

2.6. You warrant that the information provided when creating an Account is correct and complete. You are responsible for the accuracy of the data in your Account.

2.7. CryptoSea is entitled, at all times, to no longer make available certain functionalities of the Account, Platform or other Services, to not grant an Account to any person and to demand additional requirements for granting an Account.

3. SUBSCRIPTION

3.1. You need a subscription to use all the functions of the Platform (the “Subscription”). Subscriptions are offered for a fixed amount per month, or for an indefinite period of time (i.e. Lifetime). You can apply for a Subscription on our Website.

3.2. The price of the Subscription will be invoiced automatically every month, or one-off in terms of the Subscription for an indefinite period of time (lifetime). Possible methods of payment in cash are authorized via Stripe and are displayed on the Website and include, for example, credit cards such as Visa, MasterCard, Google Pay and Apple Pay. Possible method of payments in cryptocurrencies is authorized via Coinbase Commerce.

3.3. Each Subscription can be settled in cash (Stripe), while the lifetime Subscription can be also settled in cryptocurrencies (Coinbase Commerce). By choosing the payment option, you grant your permission for us to initiate a payment or a series of payments on your behalf via Stripe or Coinbase Commerce, which will be marked as a Merchant-Initiated Transaction (MIT) by Stripe. All your payment details will be confidentially secured. Neither CryptoSea, Coinbase Commerce nor Stripe, will have access to your financial data.

3.4. Without prejudice to the other provisions in the Terms of Use, the Subscription shall commence and expire in accordance with the start date and end date indicated in the subscription package, unless earlier terminated by User in accordance with this article or by CryptoSea if User violates these Terms and/or applicable laws and regulations (the “Initial Term”).

3.5. CryptoSea will give User access to the Platform corresponding to its Subscription immediately on the start date of such Subscription. The User can use and set up one Account on the Platform on the basis of one subscription.

3.6. After the Initial Term, the Subscription shall automatically renew for the same period as the Initial Term, unless CryptoSea or User gives notice via the Website or Platform to the other of its intention (i) not to renew the Subscription, (ii) downgrade the Subscription or (iii) upgrade the Subscription. The Subscription will terminate immediately after the Initial Term, subject to this Agreement.

3.7. The Subscription is activated upon payment by the User, therefore, the User doesn’t have a right to withdraw the Subscription.

4. REFUND AND GUARANTEES

4.1. CryptoSea offers a "No Profits? 100% Refund Guarantee" for our Software product, subject to the following conditions:

i. Minimum usage of 1 year;

ii. Exclusively on Bitcoin trading pair with 1x leverage;

iii. For the trading indicator, a minimum of 100 trades must be placed according to signals.

4.2. If for any reason you are not satisfied with the Subscription, you may return it in its original condition within 3 (three) days of purchase for a full refund.

5. INTELLECTUAL PROPERTY

5.1. App Licenses. Subject to your compliance with this Agreement, we grant to you a limited, non-exclusive, non-sublicensable, non-transferable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple Users through any means. We reserve all rights in and to the App not expressly granted to you under this Agreement.

5.2. Definitions. For purposes of this Agreement: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you provide to be made available through the Services.

5.3. We and our licensors exclusively own all right, title and interest in and to the Content excluding the User Content, including all associated intellectual property rights. You acknowledge that the Services (which, for greater certainty, includes the Content and the provision of Content) are protected by copyright, trademark, and other laws of any applicable jurisdiction. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

5.4. Subject to your compliance with this Agreement, we grant to you a limited, non-exclusive, non-transferable and revocable license, with no right to sublicense, to, during the term of this Agreement, access and view the Content (excluding your User Content) solely in connection with your approved purposes as permitted by us from time to time. Unless otherwise approved by us, you may not use the Content for any non-personal purpose. Any other use of the Services or Content is expressly prohibited. You acknowledge that subject to the rights granted to you in this Agreement with respect to the Content, all other right, title, and interest in the Services and Content is exclusively the property of us and our licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.

5.5. We will use reasonable efforts to verify the accuracy of any Content, but we make no representations about the accuracy, quality, timeliness, authenticity or completeness of the Content, express or implied, statutory or otherwise, including the historical digital assets price data available through the Services, or any information on any third party websites site even if links to such sites are provided through the Services. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including if we, at our sole discretion, consider any Content to be objectionable or in violation of this Agreement. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF ANY KIND, FROM ACTION TAKEN, OR TAKEN IN RELIANCE ON ANY CONTENT.

5.6. We do not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. By making any User Content available through the Services you hereby grant this Website a non-exclusive, irrevocable, perpetual, transferable, worldwide, royalty-free license, with the right to sublicense (i) to use, copy, modify, distribute and display your User Content in connection with operating and providing the Services; and (ii) for our other internal business purposes such as improving the Services. If such User Content contains the personal information of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such information and that we and our sub-licensees are allowed to use them to the extent indicated in this Agreement.

5.7. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content and/or you have all rights that are necessary to grant us the license rights in your User Content under this Agreement. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services, will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.8. You may remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services or outside of the Services (such as when any User Content that you make available to the public is copied and distributed by other Users of the Services). We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. Although we are not obligated to monitor access to or use of the Services or to review, edit or remove any User Content, we reserve the right to do so and may retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request.

5.9. “CryptoSea”, “CryptoSea.com” and all other URLs, logos and names related to the Services or displayed through the Services (collectively, “Marks”) are either trademarks, service marks, or registered marks of us or our licensors. You may not copy, imitate or use any Mark without our prior written consent, unless such use is permitted by this Agreement or is necessary as part of your use of the Services.

6. INDEMNIFICATION

6.1. Users will indemnify, defend, and hold CryptoSea harmless from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of third-party claims regarding:

i. any injury or damages resulting from the behaviour of User related to the use of our Website and Software; and

ii. breach by User of these Terms or violation of any applicable law, regulation or order.

7. DISCLAIMER OF WARRANTY AND RELEASE

7.1. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ANY PART OF THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE TO YOU FOR ANY USE OF OUR SERVICES, INCLUDING ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) User ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE; (C) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (D) ANY THIRD PARTY ACTIVITIES, INCLUDING THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES.

7.2. We will not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scare-ware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack.

7.3. If you have a dispute with any other User, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.

7.4. Without prejudice to and in addition to the provisions in clause 2, if you’ve violated this Agreement or any policies that apply to you, then you’re responsible for damages to us and/or our affiliates caused by your violation. In addition, you will be liable to us for the amount of our damages caused by your violation of the Agreement. We may deduct such damages directly from any existing balance in any Account you control.

8. GENERAL AND INVESTMENT DISCLAIMER

8.1. CRYPTOSEA IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. NOTHING ON OR IN THE SOFTWARE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY OR INSTRUMENT) BY CRYPTOSEA. YOU ACKNOWLEDGE AND AGREE THAT CRYPTOSEA IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE SOFTWARE. YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES IN THE SOFTWARE OR YOUR INTERPRETATIONS OF THE DATA FOUND IN THE SOFTWARE ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOU USE THE SOFTWARE AT YOUR SOLE RISK.

8.2. CRYPTOSEA IS NOT RESPONSIBLE FOR ANY LOSSES INCURRED WHILE USING THE SOFTWARE OR THE WEBSITE AND YOU ACKNOWLEDGE THAT ALL TRADES MADE USING THE SOFTWARE OR THE WEBSITE ARE MADE AT YOUR OWN RISK YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS. CRYPTOCURRENCIES ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY. IN ADDITION TO THE RISKS INCLUDED HEREIN, THERE ARE OTHER RISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, AND THE PURCHASE, HOLDING AND USE OF CRYPTOCURRENCIES, INCLUDING THOSE THAT CRYPTOSEA CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN.

8.3. ALL INFORMATION CONTAINED ON THE WEBSITE AND ITS SERVICES IS FOR GENERAL INFORMATIONAL USE ONLY AND SHOULD NOT BE RELIED UPON BY YOU IN MAKING ANY INVESTMENT DECISION. THE WEBSITE AND SERVICES DO NOT PROVIDE INVESTMENT ADVICE AND NOTHING ON THE WEBSITE AND SERVICES SHOULD BE CONSTRUED AS BEING INVESTMENT ADVICE. BEFORE MAKING ANY INVESTMENT CHOICE, YOU SHOULD ALWAYS CONSULT A FULLY QUALIFIED FINANCIAL AND/OR INVESTMENT ADVISER.

8.4. The Website and the Software include and/or may include advertisements and links to external sites and co-branded pages or promote Websites or services from other companies or offer you the ability to download software or content from other companies in order to provide you with access to information and services which you may find useful or interesting. CryptoSea does not endorse such sites nor approve any content, information, legal or illegal emails (whether spam emails or not), goods or services provided by them. CryptoSea is not responsible for and does not control those Websites, services, emails, content and software and cannot accept any responsibility or liability for any loss or damage suffered by you as a result of your use of its Website and services or such external and/or co-branded sites.

8.5. CryptoSea is unable to exercise control over the security or content of information passing over the network, and CryptoSea hereby excludes all liability of any kind for the transmission or reception of infringing or unlawful information of whatever nature.

8.6. The information provided on this Website does not constitute investment advice, financial advice, trading advice, or any other sort of advice. You should not treat any of the Website's content as such. CryptoSea does not recommend that any cryptocurrency should be bought, sold, or held by you. Nothing on this Website should be taken as an offer to buy, sell or hold a cryptocurrency. You should take reasonable steps to conduct your own due diligence and consult your financial advisory before making any investment decision. CryptoSea will not be held responsible for the investment decisions you make based on the information provided on the Website, within the Software or on any of CryptoSea’s public channels such as the social media or otherwise.

8.7. CryptoSea will strive to ensure accuracy of the information listed on this Website, on our social media accounts including Twitter, Instagram, Telegram, Facebook, LinkedIn, or on any of our communication channels, although CryptoSea will not hold any responsibility for any missing or inaccurate information. You understand that you are using any and all information available from CryptoSea AT YOUR OWN RISK. You should take adequate steps to verify the accuracy and completeness of any information on the Website, on CryptoSea’s social media platforms or on any other CryptoSea communication channels.

8.8. The price of Bitcoin and other cryptocurrencies are highly volatile. It is possible for prices to increase or decrease by over 100% in a single day. Although this could mean potential profits, this also could mean potential losses. Only invest money which you are ready to lose. Cryptocurrency trading may not be suitable for all users of this Website. Anyone looking to invest in cryptocurrencies should consult a fully qualified independent professional financial adviser.

8.9. CryptoSea is not affiliated in any manner with any cryptocurrency. CryptoSea allows users to build automated trading strategies that get executed on third-party cryptocurrency exchanges. CryptoSea safely stores the Users’ information and does not disclose User data directly to cryptocurrency exchanges.

8.10. Trading strategies set on CryptoSea are executed on third-party controlled exchanges. CryptoSea is not a trading platform and does not store or trade cryptocurrencies. Any execution failures or other events related to third-party exchanges ARE ENTIRELY OUTSIDE OF CRYPTOSEA’S control. CryptoSea does not take any liability for failures related to third-party exchanges. Use of third-party exchanges is solely at your own risk. Any financial risks associated with your trading decisions are reserved to you only

9. AMENDMENT AND TERMINATION

9.1. We may amend, modify, update and change any of the Terms of Use contained in the Agreement from time to time. We will notify you of any amendment, modification, update and change by publishing a new version of the Agreement here, or by email. Any new version of the Agreement will take effect immediately upon publication on the Website or the App, and your use of the Site, the App and/or the Services after any changes to this Agreement will be deemed to constitute your acceptance of the new version of the Agreement.

9.2. We may, at any time, terminate the Agreement unilaterally, with immediate effect, for any reason, including but not limited to where:

i. we are required to do so by law, regulation, competent court order, or other competent authority;

ii. we reasonably believe that we need to do so in order to protect our reputation;

iii. we consider you to be in breach of the provisions contained in the Agreement, or applicable law or regulation or in conflict with our compliance policies;

iv. we reasonably suspect illegal activity including money laundering, terrorist financing, fraud or any crime (financial or otherwise);

v. any of our third-party service providers deny providing you the Services;

vi. force majeure events, including operational and technical errors occurs; and

vii. upon our request, you have failed to provide us with information, or the information provided does not meet our requirements.

9.3. You may, at any time, terminate the Agreement, with immediate effect, for any reason. Upon termination of the Agreement, you shall stop using the Site, the APP and/or the Services. CryptoSea reserves the right to retain the payments that Users have paid for the amount of time they have selected.

9.4. Following the termination of the Agreement, we may retain your personal information for as long as we have a business or tax need or as required under applicable laws.

10. DISPUTE RESOLUTION AND APPLICABLE LAW

10.1. If a dispute arises between you and us, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost-effective means of resolving the dispute quickly. You and us agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Disputes between you and us regarding the services may be reported to the customer service. You and us further agree that you and us shall spend not less than three (3) months on full communication, consultation or mediation before either party submits the disputes in question for arbitration.

10.2. This Agreement will be governed by the laws of the Dubai International Finance Centre (”DIFC”), irrespective of DIFC's conflict or choice of law rules.

10.3. You acknowledge and agree that, in case of any dispute, controversy, divergence or claim that can’t be solved by consultation or mediation, including any dispute in connection with the existence, validity, interpretation, performance, breach or termination of this clause or any dispute concerning or arising out of this clause, (collectively referred to as the “Dispute”) , the parties shall submit the Dispute to the International Chamber of Commerce International Court of Arbitration (“ICC International Court of Arbitration”) according to the ICC Rules of Arbitration in effect. The arbitration shall take place in London and apply to applicable laws determined under the ICC Rules of Arbitration. Unless otherwise agreed by the parties hereto, only one arbitrator shall be appointed according to the ICC Rules of Arbitration. The arbitrator shall have the exclusive right to make a ruling on their right of jurisdiction, including but not limited to any objection to the existence, scope or validity of the arbitration agreement or the arbitrability of any claim or counterclaim. The arbitration shall be conducted in English. The arbitrator shall, regardless of the method of arbitration, issue a reasonable written decision to explain the arbitration award, its basic conclusion and the conclusion (if any). The arbitration award shall be final and binding upon you and us, and may be enforced by any court of competent jurisdiction.

11. MISCELLANEOUS

11.1. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent. We reserve the right to assign our rights without restriction, to any affiliate or subsidiary of us, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation hereof will be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assignees.

11.2. We are an independent contractor for all purposes. Nothing in this Agreement will be deemed or is intended to be deemed; nor will it cause you and us to be treated as partners, joint ventures, joint associates for profit, or as the agent of the other.

11.3. Our failure to act with respect to a breach of any of your obligations under this User agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

11.4. This Agreement and the Privacy Policy, along with any applicable policies on the Website and App, sets forth the entire understanding between you and us with respect to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including any prior versions of this Agreement), and every nature between and among you and us. All such terms which by their nature should survive, will survive the termination of this Agreement.

11.5. If any provision of this Agreement is held to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision shall be struck and the validity or enforceability of any other provision of this Agreement will not be affected.

11.6. All claims you bring against us must be resolved in accordance with this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to this Agreement, we may recover attorneys’ fees and costs (including in-house attorneys and paralegals), provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

11.7. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Account and your use of the Services. We will provide these Communications to you by posting them on the Website or through the App, emailing them to you at the primary email address listed in your profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification. You understand and agree that if we send you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you. You may update your information by contacting the customer support at [email protected]. You may be asked to provide personal information to verify your Account.

11.8. It is the express wish of the parties that these terms and any directly or indirectly related documents be drawn up in English. Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this Agreement and a version in a language other than English, the English version shall prevail.

Last updated: 29/01/2024