Terms of Use

1. Purpose

The purpose of this service terms and conditions (this “Agreement”) is to set forth the rights, obligations and responsibilities of the parties in connection with the use of the non-custodial wallet services called DOSI Vault (the “Services” or “DOSI Vault”) made available by LINE NEXT Inc. (the “Company” or “we”), which is a U.S.-based company.  We provide the Services by making available a link to the Chrome web store (https://chrome.google.com/webstore/category/extensions), which permits a user of the Services to install and utilize a web-based Chrome browser extension.

2. Importance Notice

DOSI Vault is unhosted wallet software for supported cryptocurrency assets that allows users to establish and control a wallet account for holding supported cryptocurrency assets and related private keys, and to authorize and effect transactions involving transfers of user-owned cryptocurrency assets to or from their wallet addresses. The Company does not intervene in, manage, protect, guarantee or otherwise assure the accuracy or completion of transfers of cryptocurrency assets or any other user activities involving their DOSI Vault wallets.  Furthermore, the Company does not store any personal information or record or store any related transaction information on the Company's servers and storage database system. You acknowledge and agree that you have sole responsibility for the risk of loss due to your activities utilizing the Services. In addition, the Company does not have any information about you relating to your use of the Services, and therefore may have no ability or limited ability to provide users with individual notices or guidance regarding the use of the Services.

With DOSI Vault:
1. You can create a DOSI Vault wallet address and associated private key that can be used to send and receive supported cryptocurrency assets. Initially, the Company expects to provide support for the DOSI Vault Services exclusively in connection with transfers of Finschia (FNSA), which is the cryptocurrency associated with the FINSCHIA. The Services may be restricted with respect to cryptocurrency assets that are not based on the FINSCHIA. You can use services such as transfer and storage only for cryptocurrency assets supported by the Company and that are based on the FINSCHIA. The Company is not responsible for losses that may occur if cryptocurrency assets based on a blockchain platform other than the FINSCHIA are sent to the DOSI Vault wallet due to a user’s mistake or carelessness or for any other reason, and the user shall not, and hereby waives any right to, make any claim against the Company for any such losses.

2. You will have an option to create an account for DOSI Vault with your Google account by using Torus’s solution (https://tor.us/). Otherwise, you will need to create a new DOSI Vault account with a new mnemonic statement. Torus will create and save your private key. In case you create a DOSI Vault account with your Google account, the Torus login service will be automatically triggered when you login with your Google account on your Chrome extension. Google account information or any other related data will not be stored or managed by the Company.    

3. You can transfer cryptocurrency assets utilizing features provided by certain third-party service providers or platforms, which for this purpose may also be include the Company or its affiliates, in connection with depositing supported cryptocurrency assets to your wallet or withdrawing supported cryptocurrency assets from your wallet. The third party providing such services may require you to create an account and enter a valid form of payment or initiate an order. The use of any such third-party services will require your confirmation, and your approval may be mandatory for the use of such services.

If you wish to terminate a third-party service account or discontinue using a particular third-party service, you must request such termination or discontinuation in accordance with the procedures and guidelines provided by the applicable third-party service provider.

By making use of the Services, you will be deemed to have consented to and accepted this Agreement.  If you are prohibited from accessing or using the Services under the terms of this Agreement or pursuant to any applicable laws, you may not create or utilize a DOSI Vault account or otherwise utilize the Services.  Given that this document contains important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you, please read carefully and understand this Agreement prior to establishing a DOSI Vault account or otherwise utilizing the Services.

If you make use of the Services on behalf of a legal entity, you affirm that you have the legal right to cause such legal entity to be bound by this Agreement.  If you do not have such right or do not consent to this Agreement, the applicable legal entity may not access or use the Services.

We strongly recommend that you frequently review this Agreement and any amendments thereto to ensure that you understand it and how it applies to your use of the Services.  All changes to these Terms and Conditions will take effect from the "Date of Last Update" mentioned on this page. You must review these Terms and Conditions before using this Service.  If you continue to use this Service after the "Date of Last Update", you will be considered to acknowledge and accept any changes to these Terms and Conditions.

The Services are provided to you on a strictly “as is,” “where is,” and “where available” basis.  The Company does not provide any representation or warranty as to the accuracy, completeness, currentness, non-infringement, merchantability, or fitness for a particular purpose of the Services or any information contained therein.  The Company does not represent or warrant that access to the Services will be continuous, uninterrupted, timely or secure.  You acknowledge and accept that the Services (i) may contain bugs, errors or defects, (ii) may function improperly or be subject to periods of downtime and unavailability, (iii) may result in total or partial loss or corruption of data, and (iv) may be modified at any time, including through the release of subsequent versions, all with or without notice to you.  Some jurisdictions do not permit the disclaimer of implied terms in contracts; therefore, some or all of the disclaimers of implied warrantied in this Article may not apply to you.

The Company may, at any time in its sole discretion, without prior notice and without any liability to you, modify or discontinue any portion of its support for the Services, either temporarily or permanently.

3. Prohibited Users

The following Persons are prohibited from using the Services (each, a “Prohibited User”): (i) persons who appear on the United States Department of the Treasury, Office of Foreign Assets Control (OFAC), Specially Designated Nationals List (SDN), United States Commerce Department’s Denied Persons List or other similar lists; (ii) persons who are nationals or residents of Cuba, Iran, North Korea, Sudan, Syria or any other country, territory, or other jurisdiction that is embargoed by the United States; (iii) persons who are less than fully 19 years of age; (iv) persons who are not residents of and located in an Approved Region; (v) persons, or their affiliates, who have been subject to an account termination by the Company for any reason; (vi) persons that are not individual natural persons, unless such persons pass additional KYC requirements determined by the Company; and (vii) persons who, directly or indirectly, use, employ, operate or create a computer program to simulate the human behavior of a user (“Bots”). 

For purposes hereof, “Approved Regions” means those places that are not listed in the FAQ section of the Company’s website as a non-approved region or jurisdiction, and where the Services are made available.  The Company reserves the right to add or remove Approved Regions in its sole discretion.

You are prohibited from accessing or using the Services in, from or through a location where your use of the Services would violate any applicable law.  You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use the Services while located in any such jurisdiction.  In the event that, due to a change in circumstances or otherwise, any of your representations or warranties made in this Agreement is no longer true, you must immediately notify the Company at team.dosi.vault@gmail.com.
 
The Services are not available in all jurisdictions.  The Company prohibits the use of the Services in certain jurisdictions, which jurisdictions may vary at the Company’s sole discretion.  The Company may implement controls to restrict access to the Services from any jurisdiction in which use of the Services is prohibited or restricted.  You shall comply with such restrictions, even if the methods imposed by the Company to prevent the use of the Services are not effective or can be bypassed.

4. Unacceptable Use or Behavior

You alone are responsible for your actions, conduct, and behavior while using the Services.  You shall not:
- Use or attempt to use any other user’s account;
- Use your account, either directly or indirectly, for the benefit of any third party;
- Borrow an account or lend an account;
- Engage in any behaviors that disrupt or negatively affect or inhibit other users from fully enjoying the Services or those of third party servicers;
- Interfere with, intercept, or expropriate the Service’s systems, data, or information;
- Transmit or upload to the Services any malware, virus, trojan horses, worms, or other harmful programs;
- Circumvent, or attempt to circumvent, any content filtering techniques used by the Company; 
- Access, or attempt to access, any feature of the Services that you are not authorized to access;
- Use the Services to support an external transaction, trade or other activity (other than a transfer of supported cryptocurrency assets that is expressly supported by the Services);
- Harass, stalk, threaten, defame, abuse, violate or infringe the legal rights of others, or otherwise be deceptive or objectionable;
- Post or distribute unsolicited content, promotions, campaigns, or commercial messages (SPAM), or any message or user content designed to advertise a third party product or service or deceive other users or other third parties;
- Post content or collect content containing private information of any other user or third party, including but not limited to phone numbers, email addresses, and mailing addresses;
- Violate any intellectual property rights of any person; or
- Induce, encourage or assist any third party to engage in any activities or behaviors prohibited in this Article.

5. Prohibited Activities

A user shall use the Services for only good faith transactions for its own purposes and not on behalf of third parties.  A user shall not use the Services to, directly or indirectly, assist in any activity that is illegal in the U.S. or the jurisdiction of the user or use the Services in relation to any other Prohibited Activity.  The Company reserves the right to add or remove any Prohibited Activities at its sole discretion.

If the Company determines in its sole discretion that any cryptocurrency in a user’s wallet (or previously in a user’s wallet) was purchased or traded with a stolen payment card or other stolen funds, obtained by fraudulent means or otherwise acquired in violation of this Agreement or any applicable law, the Company reserves the right (but shall not be under any obligation to) take any remedial actions that it determines, in its sole discretion, to be appropriate.  Such actions may include, but shall not be limited to immediate termination of this Agreement and all of the applicable user’s rights under this Agreement. The Company shall be entitled to reimbursement for any fees incurred by it in connection with the foregoing actions.

You shall not accept into your wallet any cryptocurrency asset from another user or other third party who you have any grounds to believe is not rightfully in possession thereof.

The Company may also terminate this Agreement with respect to any user pursuant to a court order, order by a regulator, as required under applicable law or where the Company determines, in its sole discretion, that continuing this Agreement with such user poses legal, security, financial or reputational risk to the Company, another user or a third party.  So long as the Company has not acted in bad faith, the Company shall have no liability to a user for any termination of this Agreement with such user.

“Prohibited Activity” means the operation of or the direct or indirect facilitation of any of the following:
- Any act that is illegal in the United States or in the jurisdiction where the person carrying out the activity is resident, domiciled or located;
- Operation of a business that is similar to or competitive with the Services;
- Operation of a cryptocurrency exchange;
- Operation of a cryptocurrency wallet service to hold cryptocurrencies of third parties;
- Operation of a payment processor, money transmitter, check casher, foreign exchange dealer, provider of prepaid access or other money services business;
- Betting or gambling, including lottery tickets, casino gaming chips, off-track betting, memberships on gambling-related internet sites and wagers at races;
- Providing bill payment services; credit counseling or credit repair agency services; or credit protection or identity theft protection services;
- Engaging in direct marketing or subscription offer activities, or engaging in inbound or outbound telemarketing business activities (including lead generation business activities);
- Operation of internet, mail or telephone order pharmacies or pharmacy referral services;
- Creation, promotion or sale of items that:  encourage, promote, facilitate or instruct others to engage in illegal activity; are or may be counterfeit; infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; promote hate, violence, racial intolerance or the financial exploitation of a crime; or promote, support or glorify acts of violence or harm towards self or others;  
- Using the Services in any manner related to live animals;
- Using the Services in any manner related to payment aggregators;
- Purchasing, selling or promoting the use of drugs, alcohol, or drug paraphernalia, or items that may represent these uses;
- Engaging in sales of money orders or foreign currency;
- Using the Services for any illegal purpose, or in violation of (or that assists you or others in the violation of) any applicable law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data collection and privacy;
- Using the Services in a manner that the Company determines in its sole discretion to be an abuse of the Services;
- Using the Services in a manner so as to avoid payment of fees (as applicable);
- Using the Services in any manner that could damage, disable, overburden, or impair the Company or any of the Services including, without limitation, using the Services in an automated manner (such as by using a Bot or other automated interface to deliver transaction instructions);
- Using the Services to collect payments that support pyramid or ponzi schemes, matrix programs, other “business opportunity” schemes or multi-level marketing programs;
- Using the Services to defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about users, registered recipients, or third parties without their consent;
- Using the Services to intentionally interfere with another user’s use of the Services by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code;
- Using the Services to make unsolicited offers, advertisements, proposals, or to send junk mail or spam to others;
- Using the Services to send or receive what the Company determines in its sole discretion to be funds that may have resulted from or be attributed to fraud or other illegal behavior;
- Using the Services while impersonating any person or entity or falsely claiming an affiliation with any person or entity;
- Using the Services in any manner related to weapons, including replicas and collectible items;
- Using the Services in any other manner that is prohibited under the terms of this Agreement, including but not limited to Sections 4 (Unacceptable Use or Behavior) and 5 (Prohibited Activities); or
- Using the Services to control an account that is linked to another account that has engaged in any of the foregoing activities.

6. Key Management

All user information and private keys associated with your wallet are stored on your local device. All information is stored only on your local device, and no information is stored on the Company's servers or other database system. The private key is used for wallet addresses and signatures, which can be used together to authorize the transfer of supported cryptocurrency assets to certain external wallet addresses. You are solely responsible for the storage and security of mnemonic statements ("secret statements") relating to your private key and wallet. Users must keep their wallet addresses, password phrases, and private key access information safe. If a user loses private key access information or mnemonic statements, he or she may lose control of the cryptocurrency assets associated with the wallet.

You acknowledge and agree that we do not receive or store password phrases related to your wallet password, encrypted private key, unencrypted private key, or your personal information. If you do not remember your original password, you cannot create a new password for your wallet. You confirm and consent to the fact that you will not have access to all cryptocurrency assets associated with your wallet address and private key or private key access information if you do not store it securely. Therefore, the Company is not responsible or liable for any reason for which you do not have access to your wallet, including the inability to keep your wallet address, secret statement, and private key information safe.

7. Use of external services

If you access or use third-party services, including features built into them, such as deposit and withdrawal features, you acknowledge and agree to the following:

(i) The Company is not responsible for the availability, content or functionality of any third party’s services or for any use of any cryptocurrencies or other digital assets (including NFTs) related to any third party services.
(ii) Applicable limitations on the amount of cryptocurrency assets available to be transferred at any time shall be in accordance with the requirements of relevant smart contracts and/or service policies developed by applicable third parties. 
(iii) In using third party services, the Company is not responsible for any issues relating to such third party services or any obligations you incur to pursuant to or in connection with such third party services.
(iv) A third party’s smart contracts may charge you for processing fees and/or service fees in connection with your transactions utilizing the services of such third party, and you are solely responsible for paying such processing fees and/or service fees.  DOSI Vault wallets associated with the incurrence of these fees cannot guarantee the accuracy, applicability, reliability, integrity, or adequacy of the related services and products, and the Company is not responsible for any loss or damage that you may incur directly or indirectly due to the use of such services.
(v) The Company does not currently charge any additional service fees in connection with the DOSI Vault Services, but such fees may be imposed and charged at the Company’s discretion at any time in the future. Updated fees will apply to all transactions that occur after the effective date of the updated fee.

Under no circumstances should you interpret any description or reference (made by the Company or the Services) to any third party product or service (including but not limited to providing a description or reference via a hyperlink) as an endorsement or promotion of any third party product or service.

The Company reserves the exclusive right to add, modify, or cancel supported third-party services. Notifications from the providers of third-party content or services via the Services are not supported by the Services. To the extent permitted by the Services, if you grant permission to access or connect to your DOSI Vault account to the operator of a third party product or service, you authorize the third party to take certain actions on your behalf.  You acknowledge that the use of product or service provided by a third party does not relieve you of your responsibilities and obligations under this Agreement, and you are solely responsible for all actions or omissions of third parties that have access to your wallet.

Import Wallet and Security
To use DOSI Vault Services, you must import or create a new wallet. Your private key is assigned when you create your wallet. You agree to notify the Company immediately of any unauthorized use of your private key or other wallet security violations. Notwithstanding the foregoing, you acknowledge and agree that you are solely responsible for maintaining the confidentiality and security of your private key and for all risks associated with the use of the Services. When creating a wallet, it is recommended that you take appropriate measures to avoid losing access to and/or control of your wallet.
Suggested actions are as follows:
(a) Generate a strong unique password (i.e., NOT a phone password or other password that you use for websites, other online services, etc.) that you do not use for any other purpose. 
(b) Keep your private key and mnemonic statements ("secret statements") in a secure and trusted device.
(C) Maintain all necessary precautions against malware on your device and network.
(D) Notify us immediately if you find or suspect a wallet-related security violation.
(E) Store or backup your private key and related information in a secure manner.

Notwithstanding the foregoing suggested actions, we shall not be liable for any activities or losses arising from your wallet usage, whether or not they have been approved or authorized by you.

8. Taxes

It is your sole responsibility to comply with applicable law related to your use of the Services, including, without limitation, to collect and remit any and all taxes (including without limitation sales taxes) that apply to any transactions you have made using the Services.  It is your sole responsibility to report and remit the correct tax amount to any and all tax authorities.  You acknowledge and agree that the Company is not responsible for determining the amount of any taxes you owe, nor is the Company responsible for determining if taxes apply to your use of the Services or for collecting, reporting, or withholding any taxes arising from your use of the Services.  The Company reserves the right to collect and remit sales tax in respect of transactions of a user with other users (as and if applicable) and such user shall cooperate in such activity by providing the necessary assets, information and forms, each as determined by the Company.  The Company further reserves the right to implement collection, reporting and withholding for tax purposes at any time and in any jurisdiction where applicable law, whether currently or in the future in effect or pending, may require the same.

9. Copyright, intellectual property rights, trademark 

Unless otherwise expressly indicated by the Company, all copyright and intellectual property rights in all content and materials (including but not limited to our logo, designs, text, graphics, files, videos, and displayed text, collectively “Service Materials”) contained on our website or affiliate sites provided in connection with our Services are the proprietary property of the Company, or our suppliers, licensors, or affiliates, and are protected by U.S. and international intellectual property laws.

We grant you a limited, non-exclusive, non-sublicensable license to access and use the Service Materials for your personal, non-commercial use.  Such license does not permit the: (i) distribution of Service Materials, (ii) resale of Service Materials, (iii) making of derivative works of Service Materials, or (iv) decompilation, disassembling, reverse engineering, or any other attempt to discover the source code of the website, Services, or Service Materials.  This license shall automatically terminate if your access to the Services is suspended or terminated.

We reserve the right to limit, deny, or terminate access to our Services with respect to any person who infringes on the intellectual property rights of the Company or any other person.  If you knowingly misrepresent that any activity or Service Materials are infringing on the intellectual property rights of another party, you may be liable to the Company for the costs or damages incurred by the Company or other persons as a result of such misrepresentation.

11. User Responsibilities 

(1) The user shall be responsible for using the Services at his or her own risk and shall be responsible for all actions and consequences of such use of the Services. If the Company determines that the user is using the Services in violation of this Agreement, it may take such action as deemed necessary and appropriate by the Company. However, the Company is not responsible for preventing or correcting such violations.

(2) If the Company suffers damages or expenses directly or indirectly (including costs incurred for legal services) arising from a user’s use of the Services (including when the Company receives a claim from a third party due to the user’s use of the Services), such user shall immediately compensate or reimburse the Company for such damages or expenses at the request of the Company.

(3) In the event of a dispute brought against you or a dispute between you and a third party, you agree that the Company is not obligated to intervene. If you have a dispute with one or more other users, you must compensate or reimburse the Company, its executives, employees, agents and successors for any type of loss, damage or expense arising in connection with the dispute and/or related services.

12. Limitation of Liability 

To the maximum extent permitted by applicable law, and without limiting the generality of other provisions of this Agreement regarding limitations on Company liability, in no event shall the Company, its affiliates or service providers, licensors or their respective directors, shareholders, members, officers, employees, agents, joint venturers, or representatives, be liable for: 

i. any amounts greater than the value of the fees (if any) paid by you to the Company with respect to the Services during the twelve (12) months immediately preceding the date of any claim giving rise to such liability; 
ii. any damages caused by or resulting from reliance by you on any information obtained from the Company, or that results from mistakes, omissions, interruptions, errors, defects, viruses or delays in Services operation or transmission; 
iii. any failure of performance, whether or not resulting from a force majeure event, communication failure, theft, or destruction arising out of or in connection with authorized or unauthorized use of the Services, or this Agreement; 
iv. any lost profits, or any special, incidental, indirect, or consequential damages, whether based in contract, tort (including but not limited to negligence), strict liability, or otherwise even if an authorized representative of the Company has been advised of, or knew of, or should have known of the possibility of such damages; or 
v. indirect or consequential damages caused by the Services or due to the transactions or use of the Services between users or between a user and a third party.  

A user acknowledges that other users may attempt to transfer  cryptocurrency assets that they acquired in violation of the agreement with the Company.  The Company shall have no liability for acts and omissions of other users in their transactions or other dealings with the user.  

Some jurisdictions do not permit the exclusion or limitation of incidental or consequential damages; therefore, some or all of the limitations in this Article may not apply to a user where their application is limited by applicable law.

13. Indemnification

You agree to indemnify and hold harmless the Company, its officers, directors, shareholders, employees, agents, affiliates, attorneys, suppliers, contractors, representatives and service providers (collectively, “Indemnified Parties”), from and against any and all claims, demands and actions arising out of or related to (i) your breach of this Agreement, (ii) your violation of any applicable law, or the rights, including intellectual property rights, of any other person or entity, (iii) your use or misuse of our Services, (iv) your conduct in connection with the use or misuse of our Services, and (v) your negligence, fraud, willful misconduct or misrepresentations.  If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine if we wish to settle it, and if so, on what terms.

14. Notices

You acknowledge and agree that the Company is not able to provide all types of notices to individual users because you do not provide your personal information to the Company in connection with establishing a DOSI Vault account. Important notices and disclaimers may be provided as notices regarding DOSI Vault Services, and you agree to receive them through the Services.

15. Risk Disclosures and Assumption of Risk

You acknowledge and agree that there are inherent risks associated with your use of the Services.
These risks include, but are not limited to, the following:
- Transactions in blockchain-based cryptocurrency assets are, as a rule, irreversible.  Consequently, losses due to fraudulent or accidental transactions are generally not recoverable.  Once a transaction has been recorded on the applicable blockchain network, it is not reversible.  It is possible that, through computer or human error, or through theft or fraud, a user’s assets could be transferred in incorrect amounts or to unauthorized third parties.
- Attacks on the Company or on individual accounts (including the introduction of malicious software and/or unauthorized access to accounts) may result in account losses, or in unplanned and significant unscheduled downtime during which transactions will not be executed. 
- The Services rely on the internet, which includes third party hardware, software, and internet connections, all of which may suffer communication failures, disruptions, errors, distortions or delays that might affect a user’s ability to access and use the Services.
A user shall carry out his/her own independent analysis and assessment of the risks specific to the Services.  To the maximum extent permitted by applicable law, (i) the user assumes all risks inherent in use of the Services and related transactions involving cryptocurrencies and (ii) absent fraud or intentional wrongdoing on the part of the Company, the Company shall not be liable to the user or any other person on account of losses arising in whole or in part out of any of the foregoing circumstances, or compromised account credentials, or any other risks inherent in the use of the Services and related transactions involving cryptocurrencies or other cryptocurrency assets.

16. Governing Law and Jurisdiction

This Agreement, and any claim or dispute arising out of or in connection with the subject matter of this Agreement, shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflict of laws (except to the extent governed by U.S. federal law).

You agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located in the County of Santa Clara within the State of California to determine any dispute or claim arising out of or in connection with the Services or this Agreement or their subject matter, existence, negotiation, validity, termination or enforceability (including any non-contractual dispute or claim).  YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE OR PROCEEDING ARISING OUT OF THIS AGREEMENT OR RELATING TO THE SERVICES.  Nevertheless, if such exclusive jurisdiction is not allowed pursuant to the laws of your country of residence, the laws of such country of residence shall prevail to the extent so required.

You agree that regardless of any statute, regulation or law to the contrary, to the maximum extent permitted under Applicable Law, any claim or cause of action that you bring arising out of or related to your use of the Site and/or the Services or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

17. Assignment

The Company may assign any of its rights or obligations under this Agreement to any person without your consent and without prior notice to you.  You may not assign or transfer any of your rights or obligations under this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of the Company, which may be withheld in the Company’s sole discretion.  Any actual or attempted assignment hereof by you contrary to the terms of this Agreement shall be null and void.  In the event that the Company is acquired by, sold to, or merged with a third party entity, pursuant to the procedures and requirements under applicable law, the Company reserves the right to transfer or assign all user data in its possession as part of such merger, acquisition, sale, or change of control.

18. Amendments

The Company reserves the right to amend this Agreement at its sole discretion, without your consent.  This Agreement may be amended by the Company providing notice of the amendment by posting a new version hereof to the Services. Where the amendment is required by a change in applicable law, or to address a security or compliance requirement, as indicated in the notice of amendment contemplated above, the amendment shall take effect as of the date and time that this Agreement is updated or the notice contemplated above has been posted to the Services; otherwise, the amendment shall take effect if you do not close your account within thirty (30) days following the notice contemplated above.  If you do not agree with a proposed or actual amendment to this Agreement, your sole remedy is to discontinue use of the Services and close your account.

19. Non-Waiver of Rights

Any failure or delay by the Company to exercise any right, privilege, or power under this Agreement shall not operate as a waiver thereof.  This Agreement shall not be construed to waive any rights that cannot be waived under applicable law.

20. Force Majeure

The Company has no liability or responsibility for (i) failure in performance or interruption of service; (ii) any inaccuracy, error, delay in, or omission of information or transmission of information; or (iii) any loss or damage that you may incur, which results directly or indirectly from any force majeure event including, but not limited to flood or other natural disaster, act of civil or military authorities, terrorist acts, extraordinary weather conditions, pandemic, fire, war, strike or other labor dispute, interruption of telecommunication services, accident, power failure, hardware or software malfunction, any act of god, or any other act that is beyond our reasonable control.

21. Independent relationship; no broker or agent

The Company is an independent contractor, and nothing in the nature of the Services or any provisions in this Agreement shall be deemed, or cause, or is intended to cause a user and the Company to be treated as partners, joint venturers, or as an agent of the other party.  The Company is not a user’s broker, intermediary, agent (except, if at all, to the limited extent expressly provided in this Agreement in connection with the operation of the Services), or financial advisor, and the Company has no fiduciary obligation to a user in connection with any transactions, or other acts or omissions of the user with respect to the Services.  For the avoidance of doubt, the Company is not providing investment advice, tax advice, legal advice, or other professional advice, whether through the Services or otherwise.  The Company does not recommend or endorse that you trade any cryptocurrencies that you make any investment or enter into any trade or transaction.  Before engaging in any trading or investment activity, a user should always consult a qualified professional.

22. Survival

All provisions of this Agreement, and any policies incorporated herein by reference, which by their nature extend beyond the expiration or termination of this Agreement shall survive the termination or expiration of this Agreement.  Such provisions include, but are not limited to, sections and provisions relating to account termination or suspension, funds due to the Company, disputes with the Company, risk disclosures, provisions on ownership or use of intellectual property, account eligibility, disclaimers of warranties, limitations of liability, indemnification, dispute resolution and venue and governing law.  

23. Language

This Agreement is presented in the English language.  Any translation of this Agreement is for your convenience, and any meanings of terms, conditions, or representations are subject to the definitions and interpretation of the English language.  

24. Severability

The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions, all of which shall remain in full force and effect. 

25. Entire Agreement

This Agreement, and any policies incorporated herein by reference, constitute the entire understanding and agreement between a user and the Company regarding the Services.  This Agreement, and any policies incorporated herein by reference supersede all other representations, agreements and understandings, both written and oral, including without limitation any prior versions of this Agreement, among a user and the Company with respect to the Services.  In the event of any conflict between this Agreement and any other agreement a user may have with the Company with respect to the Services, unless the other agreement specifically references and identifies this Agreement, this Agreement shall control.