Please read these terms and conditions carefully before using Our Service.

"Another App"

General

This “Another App” Terms and Conditions along with the Fees page, Data Protection & Privacy Notice and any other terms and conditions that apply to our services, form a legal agreement (the agreement) between:

ZOIDPAY TECH LIMITED (hereinafter referred to as “ZoidPay”, “Company” “we” “us”), a Cypriot legal entity, with its registered office, located at Zinonos Sozou 11, 3rd Floor, Flat/Office 303, 1075, Nicosia, Cyprus, registered under no. HE385749, and VAT code CY10385749B, and You (a person as defined in the Definition section of this Terms (hereinafter referred to as “Terms”).

You represent that you are acting on your own behalf, you are an individual resident of an Eligible Jurisdiction, you are at least of the age of legal majority where you live (which is currently 18 years old, in most cases), and the application you submitted to us in connection with the account is true and complete in all material respects and that there has been no Material Adverse Change not reflected on your application. If any of the foregoing is not true, you are not eligible to use any Services, and doing so will be unauthorised and a breach of this Agreement.

This agreement is indefinite. It means that it is valid until you or we end it.

THE COMPANY DOES NOT PROVIDE INVESTMENT OR FINANCIAL ADVICE OR CONSULTING SERVICES.

THE COMPANY DOES NOT ADVISE OR MAKES RECOMMENDATIONS ABOUT ENGAGING IN DIGITAL ASSET TRANSACTIONS OR OPERATIONS.

YOU ARE THE SOLE RESPONSIBLE FOR DECISIONS TO ENGAGE IN TRANSACTIONS OR PERFORM OPERATIONS INVOLVING DIGITAL ASSETS.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR IF ANY OF THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT IS INACCURATE AS APPLIED TO YOU, DO NOT ACCESS ZOIDPAY (ANOTHER App) WEBSITE, AND/OR ANY PRODUCTS AND SERVICES. CONTACT US TO CANCEL YOUR ACCOUNT, IF YOU ALREADY HAVE CREATED ONE.

NO SIGNATURE OF EITHER PARTY IS REQUIRED FOR THIS AGREEMENT TO BE LEGALLY BINDING AGAINST EACH PARTY.

Definitions

Terms used in this Agreement with their initial letters capitalised have the meanings ascribed to them in this section or where they are elsewhere defined in this Agreement. Any term defined in the singular will have the corresponding definition in the plural (and vice versa). As used in this Agreement:

“Affiliate” means, with respect to any entity, any other entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such entity. The term “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract, or otherwise.

“Agreement” means these Terms of Service and all Attachments.

“Confidential Information” means all non-public information disclosed by one party to the other in connection with this Agreement that the disclosing party marks as confidential or which the receiving party should reasonably know to be the confidential information of the other party.

“Cryptocurrency” refers to digital or virtual currencies and/or assets that use cryptography for security, such as Bitcoin, Ethereum, and others accepted by the Company.

“Effective Date” means the date on which you agree with these terms.

“Eligible jurisdictions” means jurisdictions that are not Prohibited. See “Prohibited jurisdiction”.

“Fiat Currency” refers to government-issued currency, such as USD, EUR, etc.

“Off-Ramping” refers to the process of converting Cryptocurrency to Fiat Currency and transferring it to a bank account.

“Party” means you or us, as applicable, and “Parties” means you and us collectively.

“Platform” means our technology platform and infrastructure that we use to perform the Service.

“Prohibited jurisdiction” means the United States, Afghanistan, Belarus, Bosnia and Herzegovina, Burma (Myanmar), Central African Republic, China, Côte D'Ivoire (Ivory Coast), Cuba, Democratic Republic of Congo, Democratic People’s Republic of Korea (North Korea), Eritrea, Ethiopia, Guinea-Bissau, Iran, Iraq, Lebanon, Liberia, Libya, Russia, Somalia, South Sudan, Sudan, Syria, Uganda, Vanuatu, Venezuela, Yemen, and Zimbabwe.

“Another App” means the ZoidPay mobile app, an all-in-one solution for seamless digital asset management.

“Top-Up” refers to the process of adding funds to an account using Cryptocurrency.

“Another App” Account means your account with ZoidPay as described and governed by this Agreement.

ZoidPay Card means

“You” means an adult individual, citizen and resident of Eligible Jurisdiction(s) that is part of this agreement.

"Another App"

Device and Install Requirements

“Another App” is designed to work only on mobile devices running iOS 12.4 or later and Android 7 or later.

“Another App” is designed to function in portrait mode only and is not optimized for tablets or any other similar devices.

Further, you are fully responsible for any data or messaging fees particular to your device(s) and/or carrier(s).

You acknowledge and agree that, in connection with your use of the “Another App”, you shall be responsible for the following, at your own cost:

●  Obtaining and installing all hardware, software and communications services necessary for your use of “Another App” in accordance with this Terms of Service;

●  Installing antivirus or other mobile security software on your Enabled Device to protect against any security or other vulnerabilities which may arise in connection with your use “Another App” in accordance with this Terms of Service; and

●  Installing updates and patches for “Another App” in a prompt and timely manner. You need an “Another App” Account to use the “Another App”.

Your "Another App" Requirements

QUALIFICATIONS. You must be qualified and receive approval from ZoidPay to use “Another App” and/or any Service. Whether you are qualified and whether any use of any Service is approved is determined by ZoidPay at its sole discretion. Without limiting the foregoing, ZoidPay may make such determinations when, you request to open an account, when you request an additional Service when you attempt to make a purchase, and/or at any other time that ZoidPay deems to be appropriate. ZoidPay may close, suspend, restrict, or limit your account and/or your use of or ability to transact in connection with “Another App” and/or any Service in ZoidPay’s sole discretion at any time for any reason without notice to you.

ACCESS TO YOUR ACCOUNT. You are responsible for maintaining the secrecy of the login credentials to your “Another App” Account. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorised individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Your credentials include your username and password to your “Another App” Account and to any third-party account, you have used to log in to your “Another App” Account.

Please notify us immediately of the loss, theft, or possible unauthorised use of your account at hello@anotherapp.io

If you permit any person to use your account information, login, or other details with the authorisation to obtain credit on your account, you will be liable for all transactions made by that person including transactions for which you may not have intended to be liable. Further, you acknowledge and agree that you will not hold ZoidPay responsible for, and will indemnify ZoidPay from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant. Authorized users of this account may have the same access to information about the account and its users as the account holders. Notice to any of you will be considered notice to all of you. We do not advise you to share your account details with other users, but we will consider someone to be an authorized user on your account if you: (1) notify us in writing that you want someone (such as a trustee, executor, or spouse) added to your account as an authorized user; (2) lend or otherwise intentionally give your account access details to another; or (3) take any other action in which you would be legally considered to have allowed another to use your account or to be legally prevented from denying that you did so. You must think carefully before you allow anyone to become an authorized user. By doing so, you authorize the person to use your account to the same extent you can, including but not limited to making any purchases and allowing others to use your account. Your account does not permit you to limit the nature or amount of authority you give to any authorized user and you will not attempt to do so. An authorized user’s authority will continue until you both notify us that you are terminating the authority and you create new access details (i.e. login and/or password).

USE OF YOUR ACCOUNT AND THE SERVICES:

You will spend your own crypto. You may not use or permit your account to be used to make any illegal transaction.

You may not sell, assign or transfer any of your rights or duties under this Agreement or your account. If your account is closed, you must stop using it. You must still pay the full amount you owe and this Agreement will remain in effect until you do.

SUSPENSION OR CLOSURE OF YOUR ACCOUNT. We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and for any reason.

DORMANT ACCOUNTS. ZoidPay may close your account if you do not log in to the “Another App” Account.

Information about you:

When you create an “Another App” Account you provide information about yourself. In order to comply with regulation requirements, we may ask for information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or verify your information against third-party databases or through other sources. In addition, we may also ask you for identifying documents to help us validate your identity. ZoidPay reserves the right to close, suspend, or limit access to the “Another App” and its services in the event we are unable to obtain or verify this information.

AGREEMENT TO PROVIDE ACCURATE INFORMATION. You agree that when you provide information to ZoidPay, you will only and at all times provide true, accurate, current, non-misleading, and complete information, and you agree not to misrepresent your identity or any of your account information or related details. You further agree to keep your account information up-to-date and accurate.

YOUR SUBMITTED DATA. You are wholly responsible for any data you transmit to the “Another App” and its services ("Submitted Data''), whether such data consists of pictures, artwork, text, or other data types, such as audio, video, or multimedia. It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner or to use trademarks without the permission of the trademark owner. You are responsible for ensuring that no Submitted Data you transmit to the “Another App” and its services violates any copyright or trademark right and that it complies with these Terms. Before transmitting Submitted Data to the “Another App” and its services, you should ensure that such Submitted Data is in the public domain and therefore not subject to copyright protection, or that you have the consent of the copyright or trademark owner to use the material. By uploading Submitted Data to the “Another App” and its services and/or by submitting Submitted Data for integration into any ZoidPay Service or Product for processing, sharing, storage, or fulfillement: (i) you grant us a limited, royalty-free, and non-exclusive license to use, adapt, transmit, transfer, store, copy and display the Submitted Data solely in connection with our providing products and/or services to you; and (ii) you represent and warrant to us that the Submitted Data is in the public domain; or that you have all right, title and interest in and to all copyrights in the Submitted Data, or that you have the express permission to copy and use such Submitted Data for all purposes related to the products you order through the Site. You further represent that the Submitted Data does not violate or infringe upon the proprietary rights (including privacy, moral or publicity rights) of others.

SUBMITTED DATA CONTENT POLICY AND ACKNOWLEDGEMENT. You may not upload to the ZoidPay systems and applications any material, whether text, images, or otherwise, that (a) infringes any copyright, trademark, right of privacy, right of publicity, or any other right of a third party, including without limitation, images of celebrities, actors, musicians, sports figures, politicians, cartoon characters or public figures of any kind; (b) is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof, or (c) phone numbers, addresses, account numbers, personalised identification numbers or URL addresses (collectively, "Inappropriate Content"). The content of the Submitted Data you submit is governed by applicable laws (including laws that prohibit infringement of copyrights and trademarks, obscenity, pornography, child pornography, or child abuse). We have no obligation to monitor the Submitted Data. However, we (and our licensees, suppliers, fulfillers, or otherwise any of our Third-Party associates) reserve the right at all times to review the Submitted Data, to disclose the Submitted Data as necessary to satisfy any laws, regulations, or governmental requests, and to report any potential violations of law to law enforcement authorities, to refuse to post or transmit the Submitted Data, to remove the Submitted Data, and to refuse to perform any orders for processing or fulfillment for Submitted Data that are, in our sole judgment and discretion, (or in the sole judgment and discretion of any of the entities described above), objectionable or in violation of these Terms. Any such violation may be considered by ZoidPay in its sole discretion as sufficient grounds to suspend or delete your Account.

SUBMITTED DATA GUIDELINES. ZoidPay reserves the right to determine at its sole discretion, whether Submitted Data will be accepted for incorporation into any ZoidPay Products or Services. If ZoidPay does not approve the Submitted Data, we will notify you by email that your submission has been rejected. At such time you may submit another image for consideration in a subsequent order. In the event that the Submitted Data can be supported in multimedia formats, please consider that image files can be in .JPEG, .GIF, or .PNG formats; small images will reproduce poorly when printed, increasing the scale of your image may cause it to print poorly, the bigger the image you choose, the longer it will take to upload, and the time your image takes to upload depends on your own internet connection speed.

“Another App” - Wallet

You understand and agree that the “Another App” Wallet is a non-custodial wallet software, for digital assets such as cryptocurrencies, virtual commodities and other digital assets (“Digital Assets”), meaning you are solely in control of and responsible for your Digital Assets and private keys, and accordingly you can authorise transactions from your wallet address.

In order to create an “Another App” Wallet you are required to provide additional information than the ones required during KYC including your phone number or email, and a one time password (“OTP”). You agree not to provide another person's phone number or email address. This “Another App” Wallet will be linked to your “Another App” Account and it is controlled by you.

Once authenticated you may initiate any wallet related transaction using the Services at any time. The Company does not sign messages on your behalf or control the wallet on your behalf. Once authenticated you, the user can initiate any relevant blockchain transaction. The Company has no duty to inquire into or investigate the validity or accuracy of any transaction, though it may, at its sole discretion, inquire into or investigate such transactions. You, the user will be responsible for keeping your phone and/or email address secure and for any activity associated with your phone/email and your “Another App” and its Wallet. The Company will not be responsible if someone else accesses your phone/email and authorises a transaction. You should let the Company know immediately if your phone has been stolen and/or your phone or email has otherwise been compromised.

We cannot unilaterally initiate a transfer or otherwise access your assets or “Another App” Account.

We are not your brokers, intermediaries, agents, advisors, or custodians, and we do not have a fiduciary relationship or obligation to you regarding any other decisions in connection with “Another App” or its services. We are not responsible for any activities that you engage in when using your “Another App” Wallet , and you should understand the risks associated with virtual assets.

Wallet Registration and Security

You must either import or create a wallet in order to use Wallet.

When you create a wallet, you will be assigned a private key. Notwithstanding the foregoing, you acknowledge and agree that you shall assume all risks related to the use of the Services and you shall be solely responsible for maintaining the confidentiality and security of your private key

When you create a wallet, you are strongly advised to take precautions in order to avoid loss of access to and/or control over your wallet. Suggested measures include, but are not limited to, the following:

●  Creating a strong unique password that you do not use for any other purpose (i.e. different to your phone password or any other passwords you use for websites, online services, etc.) and leveraging biometric authentication if available;

●  Do not store the private key and Secret Phrase in plain text online or in an unsecured physical location;

●  Limiting access to your devices and your wallet;

●  Taking all necessary precautions against malware on your devices and networks; and

●  Promptly notifying us if you discover or otherwise suspect any security breaches related to your wallet.

You agree to immediately notify us of any unauthorised use of your private key or any other breach of security of your wallet.

Notwithstanding anything to the contrary herein, we shall have no liability whatsoever in connection with activities that occur on your wallet with or without your authorisation.

“Another App” Wallet allows you to do the following:

●  Generate wallet addresses and associated private keys that you may use to send and receive digital assets;

●  Crypto top-ups

●  Off-ramping (converting cryptocurrency into fiat currency)

●  View digital asset price information made available by third party service provider(s) like, but not limited to, Coingecko/Kraken;

Wallet Address, Private Key, and Backup Capabilities

An encrypted backup of certain information associated with your wallet can be stored on eligible devices.

The private key is associated with the wallet address and, together, they can be used to authorize the transfer of Digital Assets to and from that wallet address.

You are solely responsible for the retention and security of your private key and any mnemonic phrase (“Secret Phrase”) associated with your wallet.

You must keep your wallet address, Secret Phrase, and private key access information secure. It is very important that you backup your private keys, backup phrases or passwords.

Failure to do so may result in the loss of control of Digital Assets associated with your wallet.

You acknowledge and agree that we do not receive or store your wallet password, encrypted private key, unencrypted private key, or Secret Phrase associated with your wallet.

We cannot generate a new password for your wallet if you fail to remember your original password.

If you have not safely stored a backup of any wallet address and private key pairs maintained in your wallet, you accept and acknowledge that any Digital Assets you have associated with such wallet address will become inaccessible.

Accordingly, we shall have no responsibility or liability whatsoever in the event you are unable to access your wallet for any reason including without limitation your failure to keep your wallet address, Secret Phrase and private key information secure.

Crypto top-ups

Top-Up Process. You select the desired Cryptocurrency for the top-up, provide the necessary account details or recipient information. The Company provides a unique wallet address for the Cryptocurrency transaction and You send the specified amount of Cryptocurrency to the provided wallet address. The top-up amount is credited to your account upon confirmation of the transaction on the blockchain.

Eligible Cryptocurrencies: The Company accepts the following Cryptocurrencies for top-ups:BTC, ETH, SOL, EGLD, USDT (ETH)

Transaction Fees. You are responsible for any transaction fees associated with the Cryptocurrency transfer.

The Company may charge a fee for your use of the Services or certain features of a particular Service, which will be disclosed to you prior to you agreeing to use the Service.

You agree to pay any fees associated with your use of any Service or specific features and the Company may debit fees for orders from the total cost of your order. We charge a processing fee related to our costs associated with payment processing, which fee may vary by product and payment method, and may include an amount the Company pays to a third party.

We may also charge a dynamic network fee, related to our costs associated with asset transfer, and may vary depending on a number of factors, such as network congestion and operational costs.

All fees will be available to you prior to your acceptance of any order or transaction.

The Company reserves the right to modify the fee structure with prior notice to you.

Bank fees charged to the Company are netted out of transfers to or from the “Another App”, You are responsible for paying any additional fees charged by your financial services provider. If your bank fees exceed the value of the transaction, we may reject the order.

Taxes. It is your responsibility to determine what, if any, taxes apply due to your use of the “Another App” services and it is your responsibility to report and remit the correct tax to the appropriate tax authority. The Company is not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding or remitting any taxes arising from any transactions.

Transaction Confirmation. You acknowledge that Cryptocurrency transactions are subject to confirmation on the blockchain.

The Company will credit your account once the transaction is confirmed. The time required for confirmation may vary based on network conditions.

The Company may impose a minimum holding period for any Digital Assets that you would like to buy or sell, which may last up to 7 business days. These minimum holding periods are necessary to enable us to carry out fraud prevention measures, to ensure that the fiat currency leg of any given transaction has settled, and to perform other compliance related functions.

If the Company cannot or does not complete the order for any reason (including, without limitation, suspected fraud, price movement, market latency, order size, or any other reason in the Company’s sole discretion), the Company may reject the order and notify you of such rejection and you will not be charged for a rejected order.

Notwithstanding anything to the contrary, the Company reserves the right to, in its sole discretion, suspend, delay, redirect, or cancel any transaction (including an order submitted by you and accepted by the Company) at any time and for any reason. For example, and without limitation, we may do so if we suspect any risk of fraud, crime, breach of this Agreement, or illicit activity.

If your payment is not successful, if your payment method has insufficient funds or if you reverse a payment made from your funds, you authorise the Company, in its sole discretion, to cancel the transaction.

You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, non-sufficient funds (NSF) or similar fees charged by your financial services provider. We reserve the right to refuse to process or to cancel or reverse any transaction in our sole discretion, even after funds have been debited, if we suspect the transaction meets any criteria set forth in this Agreement. In such instances, the Company will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or under the same terms as the canceled transaction.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WE DO NOT GUARANTEE ANY ORDER YOU SUBMIT WILL BE EXECUTED OR EXECUTED AT ANY PARTICULAR TIME AND WE WILL NOT BE RESPONSIBLE WHATSOEVER FOR ANY DELAYS OR FOR ANY ORDERS THAT ARE NOT EXECUTED.

Refunds and Cancellations. Cryptocurrency transactions are irreversible. The Company does not offer refunds or cancellations for completed Crypto Top-Ups. In case of any errors, you should contact the Company’s customer support.

Security and Responsibility. You are responsible for the security of their Cryptocurrency wallet and private keys. The Company is not liable for any loss of Cryptocurrency due to security breaches, hacking, or your negligence.

Off-ramping

Off-Ramping Process. You select the desired Cryptocurrency for conversion and transfer conversion and transfer of funds. The Company converts the Cryptocurrency to Fiat Currency at the prevailing market rate. The Company transfers the Fiat Currency to your account or card.

Eligible Cryptocurrencies: The Company accepts the following Cryptocurrencies for off-ramping: BTC, ETH, SOL, EGLD, USDT (ETH)

Transaction Fees. You are responsible for any transaction fees associated with the Cryptocurrency transfer.

The Company may charge a fee for your use of the Services or certain features of a particular Service, which will be disclosed to you prior to you agreeing to use the Service.

You agree to pay any fees associated with your use of any Service or specific features and the Company may debit fees for orders from the total cost of your order. We charge a processing fee related to our costs associated with payment processing, which fee may vary by product and payment method, and may include an amount the Company pays to a third party.

We may also charge a dynamic network fee, related to our costs associated with asset transfer, and may vary depending on a number of factors, such as network congestion and operational costs.

All fees will be available to you prior to your acceptance of any order or transaction.

The Company reserves the right to modify the fee structure with prior notice to you.

Bank fees charged to the Company are netted out of transfers to or from the “Another App”, You are responsible for paying any additional fees charged by your financial services provider. If your bank fees exceed the value of the transaction, we may reject the order.

Taxes.It is your responsibility to determine what, if any, taxes apply due to your use of the “Another App” services and it is your responsibility to report and remit the correct tax to the appropriate tax authority. The Company is not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding or remitting any taxes arising from any transactions.

Transaction Confirmation. You acknowledge that Cryptocurrency transactions are subject to confirmation on the blockchain.

The Company will credit your account once the transaction is confirmed. The time required for confirmation may vary based on network conditions.

The Company may impose a minimum holding period for any Digital Assets that you would like to buy or sell, which may last up to 7 business days. These minimum holding periods are necessary to enable us to carry out fraud prevention measures, to ensure that the fiat currency leg of any given transaction has settled, and to perform other compliance related functions.

If the Company cannot or does not complete the order for any reason (including, without limitation, suspected fraud, price movement, market latency, order size, or any other reason in the Company’s sole discretion), the Company may reject the order and notify you of such rejection and you will not be charged for a rejected order.

Notwithstanding anything to the contrary, the Company reserves the right to, in its sole discretion, suspend, delay, redirect, or cancel any transaction (including an order submitted by you and accepted by the Company) at any time and for any reason. For example, and without limitation, we may do so if we suspect any risk of fraud, crime, breach of this Agreement, or illicit activity.

If your payment is not successful, if your payment method has insufficient funds or if you reverse a payment made from your funds, you authorise the Company, in its sole discretion, to cancel the transaction.

You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, non-sufficient funds (NSF) or similar fees charged by your financial services provider. We reserve the right to refuse to process or to cancel or reverse any transaction in our sole discretion, even after funds have been debited, if we suspect the transaction meets any criteria set forth in this Agreement. In such instances, the Company will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or under the same terms as the canceled transaction.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WE DO NOT GUARANTEE ANY ORDER YOU SUBMIT WILL BE EXECUTED OR EXECUTED AT ANY PARTICULAR TIME AND WE WILL NOT BE RESPONSIBLE WHATSOEVER FOR ANY DELAYS OR FOR ANY ORDERS THAT ARE NOT EXECUTED.

Refunds and Cancellations. Cryptocurrency transactions are irreversible. The Company does not offer refunds or cancellations for completed Crypto Top-Ups. In case of any errors, you should contact the Company’s customer support.

Security and Responsibility. You are responsible for the security of your Cryptocurrency wallet and private keys. The Company is not liable for any loss of Cryptocurrency due to security breaches, hacking, or your negligence.

ZoidPay Card

ZoidPay Card issued as a co-branded card with Quicko sp. z o.o. using the MasterCard network. Please note that Quicko sp. z o.o. Quicko service terms and conditions and other relevant documents are applied when a card is issued to you. Please, review all Quicko documentation at https://www.quicko.pl/quicko-files

The card is issued to the Account (debit card) by Quicko, regardless of its form (physical, virtual), with a magnetic strip and/or microprocessor, identifying the issuer and the Customer or the Authorised Person, entitling to withdraw cash or make payment (i.e. commissioning a Transaction) in accordance with the provisions of the Card Agreement and the Quicko service terms and conditions.

ZoidPay Card and the associated multi-currency IBAN are requiring approval of the Quicko sp. z o.o. Quicko reserves the right to refuse to open and keep an Account or temporarily block it in the event of negative verification of the Individual Customer's data or suspicion of acting contrary to applicable regulations, in particular if there is a reasonable suspicion of the possibility of acting contrary to the provisions of AML.

Functionalities. Every Account is kept as an individual personal account of an Individual Customer. ZoidPay does not accept and Quicko does not keep joint accounts. Funds accumulated in the Accounts are not interest-bearing.

Transactions. An account kept for an Individual Client enables: (i) storing funds on the Quicko Account that can be accessed from the “Another App”, (ii) payment of funds by bank transfer (Account Crediting), (iii) performing a Transaction using the Virtual Card or the Quicko Card associated with the Account

Physical Quicko Card. A prerequisite for issuing a co-branded Quicko Card is that the Customer holds both a “Another App” Account and a Quicko Account.

One or more ZoidPay-Quicko Cards may be issued to one Account.

The ZoidPay-Quicko Card has the form of a physical card and it is a Proximity Card (using NFC).

The card is sent to the Customer to the correspondence address indicated by them.

The card requires activation. After receiving the card, the Customer should activate it and assign it a PIN in the system.

The validity period of the Quicko Card is placed in the Quicko System and on the obverse side of the Quicko Card. After the expiry date, the Quicko Card is not renewed.

Using the Quicko Card. The Quicko Card card allows its user to (i) make Non-Cash Transactions at a distance by telephone and in computer networks (so-called e-commerce payments), (ii) make contactless payments using the NFC module in the event of pairing the Virtual Card with a mobile Device with access to NFC Technology via the Quicko application on Android, Google Pay, Apple Pay, Garmin Pay and Fitbit Pay devices, (iii). perform non-cash Transactions using a QR code, (iv) transfer money from card to card in MoneySend service, (v) make a transfer from the Card to the Customer's Account.

The card does not allow its user to make cash deposits in a cash machine.

Issue multiple virtual and physical cards, allowing you to purchase online or in-store easily.

Virtual Card. A prerequisite for issuing a Virtual Card is that the Individual Customer holds an“AnotherApp” Account and a Quicko Account. The Virtual Card is issued only in the form of an electronic record. Access to card data (PAN, expiry date and CVC2/CVV2). The Virtual Card is active immediately after its issue and does not require additional activation by the Customer.

Using the Virtual Card. The Virtual Card requires a prior crediting of the Account with the amount selected by the Customer. Crediting the Account may be made repeatedly during the term of the Card validity. The Virtual card executes Transactions made with the Virtual Card only up to the amount of Available Funds on the Account and the Transaction Limit.

The Virtual Card card allows its user to (i) make Non-Cash Transactions at a distance by telephone and in computer networks (so-called e-commerce payments), (ii) make contactless payments using the NFC module in the event of pairing the Virtual Card with a mobile Device with access to NFC Technology via the Quicko application on Android, Google Pay, Apple Pay, Garmin Pay and Fitbit Pay devices, (iii). perform non-cash Transactions using a QR code, (iv) transfer money from card to card in MoneySend service, (v) make a transfer from the Card to the Customer's Account.

The Virtual Card does not allow the user to (i) withdraw cash from ATMs that do not support contactless payments, (ii) make cash deposits in a cash machine.

Push Notifications

You may agree to receive push notifications from the “Another App”. If you would like to receive push notifications, you must opt in to the service by accessing your device settings.

Access and Restrictions on Use

Access

Access and use of the “Another App” and its services and features are limited to the owners of “Another App” Accounts.

You shall not permit any other entity or person to use your “Another App” Account, and You shall immediately notify the Company of any unauthorised use of your “Another App” Account.

Certain Restrictions and Limitations

You are solely responsible for all information and the usage that You make available via the “Another App”.

You agree that you shall not use the Service:

● In a manner that negatively affects other users or interferes with or disrupts the “Another App”.

● In any manner that intentionally or unintentionally violates any applicable law, regulation, or sanctions.

Disclaimers and Warranties

You represent and warrant that you meet all eligibility requirements to use “Another App” and its services and features (“Another App” Account, “Another App” Wallet, ZoidPay Card) as they are outlined in this Terms of Services.

You agree that you are only using our Services with legally-obtained funds that rightfully belong to you.

We may still refuse to let certain people access or use “Another App” and we reserve the right to change our eligibility criteria at any time.

We have an Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT) policy.

Acceptable use

You shall not:

●  (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code or interface protocols of the “Another App” and its services and features; (ii) modify, adapt, or translate the “Another App”; (iii) make any copies of the “Another App” and its services and features; (iv) resell, distribute, or sublicense the “Another App” Account, and/or any other component of the “Another App” and its services and features; (v) remove or modify any proprietary marking or restrictive legends placed on the “Another App”; (vi) use the “Another App” (A) in violation of any law or regulation, (B) to build a competitive product or service, or (C) for any purpose other than to perform this Agreement; nor (vii) introduce, post, upload, transmit, or otherwise make available to or from the “Another App” any Prohibited Content.

●  Send or store malicious code in connection with the “Another App” or otherwise interfere with or disrupt the performance of the “Another App”.

●  Use manual or automated tools to scan or probe the “Another App” in order to determine vulnerabilities.

●  Attempt to gain access to the “Another App” or its related systems or networks in a manner inconsistent with the permitted use of the “Another App”.

●  Authorise, permit, or encourage any third party to: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code or interface protocols of the “Another App” and its services and features; (ii) modify, adapt, or translate the “Another App”; (iii) make any copies of the “Another App”; (iv) resell, distribute, or sublicense the “Another App”; (v) remove or modify any proprietary marking or restrictive legends placed on the “Another App”; (vi) use the “Another App” (A) in violation of any Law or regulation, (B) to build a competitive product or service, or (C) for any purpose other than to perform this Agreement; nor (vii) introduce, post, upload, transmit, or otherwise make available to or from the “Another App” any Prohibited Content.

You shall bear the risk of loss for, and assume all liability arising from, any unauthorised or fraudulent usage of the “Another App” and its services and features.

The Company reserves the right but is not required, to take any and all action it deems appropriate, including, without limitation, blocking access to geographic areas or suspending access to “Another App” in order to prevent or terminate any fraud, abuse or illegal use of or activities in connection with the “Another App” or any other breach of this section, provided, however, that any such action by the Company shall be consistent with applicable laws, rules, and regulations.

Commitments

The Company has made no commitments or promises orally or in writing with respect to delivery of any future features or functions of the “Another App” and its services and features.

In relation to any future features or functions, all presentations, request for proposal responses, and/or product roadmap documents, information, or discussions, either prior to or following the entering into of this Agreement, are for informational purposes only, and the Company shall have no obligation to provide any future releases or upgrades or any features, enhancements or functions unless specifically agreed to in writing by both parties.

You acknowledge that You did not make any decisions based upon any future features or functions of the “Another App” and its services and features.

Discontinuation

The Company reserves the right to discontinue the “Another App”, or any part of it at any time for any or no reason. If the Company decides to discontinue the “Another App”, or any part of it, we will publically announce our intention to do so providing a minimum of 30 days notice using public channels including our website, blog, and Telegram group.

Termination

Either party may terminate this agreement at any time for any or no reason.

Upon termination of this Agreement, all licenses to access and use the “Another App” Account, and/or any other component of the ZoidPay ecosystem will likewise terminate, and You will immediately thereafter discontinue all such access and use.

Any obligations and duties that by their nature extend beyond the expiration or termination of this Agreement will survive the expiration or termination of this Agreement including, without limitation, deposits, rewards, confidentiality obligations, warranty disclaimers, indemnification, and limitations of liability.

Intellectual Property

The company owns and shall retain all rights, title, and interest in and to the “Another App” Account, and/or any other component of the ZoidPay ecosystem all components thereof, including without limitation all related applications, all application programming

interfaces, user interface designs, software, and source code, and any and all intellectual property rights therein, including, without limitation all registered or unregistered (a) copyright, (b) trademarks, (c) service marks, (d) trade secret, (e) trade name, (f) data or database rights, (g) design rights, (h) moral rights, (i) inventions, whether or not capable of protection by patent or registration, (j) rights in commercial information or technical information, including know-how, research and development data and manufacturing methods, (k) patent and (l) other intellectual property and ownership rights, including applications for the grant of any of the same, in or to the “Another App” and all other related proprietary rights of the Company (together, with any and all enhancements, corrections, bug fixes, updates and other modifications to any of the foregoing and any and all data or information of any kind transmitted by means of any of the foregoing, the “Proprietary Information”).

You acknowledge and agree that You shall not reverse engineer, copy, bug fix, correct, update, transfer, reproduce, republish, broadcast, create derivative works based on, or otherwise modify, in any manner, all or any part of the “Another App”, or the Proprietary Information.

You further agree to keep the Proprietary Information confidential and not to transfer, rent, lease, loan, sell or distribute, directly or indirectly, all or any portion of the “Another App”, or any Proprietary Information to any third party without the prior written consent of the Company.

Confidentiality

All information provided under this Agreement by a party (the “Disclosing Party”) to the other party (the “Receiving Party”) regarding the Disclosing Party’s business and operations, including without limitation the terms of this Agreement, shall be treated as confidential (“Confidential Information”).

All confidential information provided under this Agreement by Disclosing Party shall be used, including disclosure to third parties, by the Receiving Party or its agents or service providers, solely for the purpose of performing or receiving the Service and discharging the Receiving Party’s other obligations under this Agreement or managing the business of the Receiving Party and its affiliates, including financial and operational management and reporting, risk management, legal and regulatory compliance, and client service management. However, information is not confidential to the extent (i) it is or becomes publicly available other than through a breach of this Agreement, (ii) it is independently derived by the Receiving Party without the use of any information provided by the Disclosing Party in connection with this Agreement, (iii) it is disclosed to comply with any legal or regulatory proceeding, investigation, audit, examination, subpoena, civil investigative demand or other similar processes, (iv) it is disclosed as required by operation of law or regulation, or (v) where the party seeking to disclose has received the prior written consent of the party providing the information, which consent shall not be unreasonably withheld.

Data Protection & Privacy Notice

We need to collect information about you to provide you with the services under the agreement. For more information about how we use your personal information, see our Data Protection & Privacy Notice.

By entering into the agreement, you acknowledge that we will gather and store your personal information for the purpose of providing our services to you. This does not affect any rights and obligations you or we have under data protection law.

You can withdraw your permission by closing your account, which will end the agreement between you and us. If you do this, we'll stop using your information for the purpose of providing our services, but we may need to keep your information for other legal reasons.

Representations and Warranties

1. Mutual Representations and Warranties

Each party represents and warrants to the other party that it has the requisite power and authority to enter into this Agreement and to carry out all activities and transactions contemplated hereunder.

B. Your Representation and Warranties

The execution, delivery, and performance of this Agreement by You (i) do and will not conflict with or violate any Law, and (ii) are not in violation or breach of, and will not conflict with or constitute a default under, any contract, agreement, or commitment binding upon You.

You are not entering into this Agreement or for the purpose of making an investment with respect to the Company, but instead, and only, to receive access to the “Another App”.

To the extent applicable to You, You warrants to the Company that:

Knowledge & expertise: You have in full and that You understand and agree with this Agreement, the information provided regarding the “Another App”, and You have adequate knowledge and expertise of distributed ledger/blockchain technologies, tokens, accounts, keys.

Due diligence: You have conducted your own, independent, thorough, and positive due diligence on the “Another App” and other matters considered in this Agreement in determining to use the “Another App”.

Risks: You understand and agree that being a Party of this Agreement may be subject to material underlying risks, such as liquidity risks (e.g. locking periods), market risks, credit/counterparty risks, slashing risks, blockchain risks, and/or other operational risks.

Own account: You are acting on your behalf, using your own account and you made your decision to enter into this Agreement independently and as to whether this Agreement is appropriate or proper for the Licensee based upon your own judgment and upon advice from such advisers as You have deemed necessary.

Sanctions & embargoes: You are not on the US OFAC, United Nations, and/or European Union sanctions/embargo.

Company’s Limited Warranty

ZOIDPAY TECH LIMITED AND ITS AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES. ZOIDPAY TECH LIMITED AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY REGARDING NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ZOIDPAY TECH LIMITED AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT EXCEPT AS SET FORTH IN THE PREVIOUS SECTION, THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE BLOCKCHAIN DATA AND THE INFORMATION CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS" AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ZOIDPAY TECH LIMITED MAKES NO

REPRESENTATION OR WARRANTY THAT THE SERVICE WILL COMPLY WITH ANY OBLIGATIONS THAT YOU MAY HAVE UNDER ANY APPLICABLE LAWS, RULES, REGULATIONS, OR SIMILAR OBLIGATIONS, AND ZOIDPAY TECH LIMITED SHALL NOT HAVE ANY LIABILITY OR BE RESPONSIBLE FOR ANY DAMAGES, LIABILITIES, SLASHING PENALTIES, LOSSES, COSTS, OUT-OF-POCKET COSTS OR EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR COMPLIANCE WITH ANY OBLIGATIONS UNDER ANY APPLICABLE LAWS, RULES, REGULATIONS, OR SIMILAR OBLIGATIONS. WITHOUT LIMITING THE FOREGOING, ZOIDPAY TECH LIMITED DOES NOT REPRESENT OR WARRANT THAT (I) THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR AVAILABLE AT ALL TIMES; (II) THAT THE SERVICE WILL REMAIN COMPATIBLE WITH, OR OPERATE WITHOUT INTERRUPTION ON, ANY EQUIPMENT PROVIDED BY YOU. (III) YOU ACKNOWLEDGE AND AGREE THAT TECHNICAL PROBLEMS MAY PREVENT ZOIDPAY TECH LIMITED FROM PROVIDING ALL OR ANY PART OF THE SERVICE AND (IV) EXCEPT AS SET FORTH IN THE FIRST SENTENCE OF THIS SECTION, ZOIDPAY TECH LIMITED MAKES NO WARRANTIES AND YOU RECEIVE NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING OR RELATING TO THE SERVICE AND ZOIDPAY TECH LIMITED HEREBY SPECIFICALLY DISCLAIMS, OVERRIDES AND EXCLUDES. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, CONDITIONS, OTHER CONTRACTUAL TERMS, REPRESENTATIONS, INDEMNITIES, AND GUARANTEES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY ZOIDPAY TECH LIMITED OR ANY OF ITS AGENTS OR AFFILIATES OR OTHERWISE (INCLUDING BUT NOT LIMITED TO, AS TO TITLE, SATISFACTORY QUALITY, ACCURACY, COMPLETENESS, UNINTERRUPTED USE, NON-INFRINGEMENT, TIMELINESS, TRUTHFULNESS, SEQUENCE, AND ANY IMPLIED WARRANTIES, CONDITIONS AND OTHER CONTRACTUAL TERMS ARISING FROM TRANSACTION USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE). NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, ZOIDPAY TECH LIMITED WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, AND / OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. SPECIFICALLY, ZOIDPAY TECH LIMITED WILL NOT BE LIABLE FOR YOUR LOSSES ARISING FROM SLASHING PENALTIES. IN NO EVENT WILL ZOIDPAY TECH LIMITED’S AGGREGATE LIABILITY UNDER THIS AGREEMENT, WHETHER BASED IN CONTRACT, EQUITY, NEGLIGENCE, TORT, OR OTHERWISE EXCEED THE NET

REWARDS PAID TO YOU HEREUNDER DURING THE PERIOD SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

Warranty for Third-Party

The Company will not be held liable for any Defects of the source codes and software which are used to provide access or use the “Another App” but are not proprietary of the Company, such as open-source codes.

Warranty for Blockchain Technology

The Company shall not be held liable for any and all damages caused by the blockchain technologies, for any cause including, but not limited to forks, network congestions, bugs, actions whatsoever of any kinds in any jurisdictions, actions for breach of contract or tort, provided that the Company did not act with intent or gross negligence. In particular, the Company shall not be liable for any indirect, incidental, special, exemplary, or consequential damages, including for loss of profits, goodwill, or data loss, arising out of this Agreement.

Risk Disclaimer

Risks of Legal Uncertainty. Blockchain, cryptocurrency, and crypto/virtual assets have been subject to regulatory burdens in different countries. You are solely responsible for the use of these technologies and cryptocurrency, and crypto/virtual assets.

Risks Related to Your Credentials. Any third party that gains access to your login credentials or private keys may dispose of your funds in your wallet. To avoid such risks, you shall take appropriate security and technical measures.

Risk of Cryptography. The development of cryptography or other technical means may cause risks to cryptocurrencies, the Company’s services, and virtual assets.

Risk of Security. No company in the world can guarantee 100% security of its platforms and services. There may be mistakes intentionally or unintentionally left which may cause insecurity of the virtual assets.

Risk of Theft and Hacking. Thieves, hackers, other groups, or criminal organisations may interfere with the Company in various ways, including, but not limited to, DOS or DDoS attacks, man-in-the-middle attack, smurfing, spoofing, malware attacks, or other attacks which may cause the interference to the Company’s activity.

Other Unexpected Risks. Cryptocurrency and virtual assets are fresh and new technology. Countries may impose regulatory and legal burdens, and other changes in cryptocurrency and virtual assets may happen. We naturally cannot predict them. That is why the Company cannot foresee them.

Indemnification

You (in such capacity, the “Indemnifying Party“) hereby warrant, guarantee, and irrevocably undertake to indemnify and hold harmless the Company, the Company, and its affiliates or subsidiaries, and their respective officers, directors, employees, and agents (together, the “Indemnified Party“) against all costs, expenses, fines, penalties, losses, judgments, damages, liabilities and other amounts (including without prejudice to the generality of the foregoing, lawyers’, actuaries’, accountants’ and experts’ fees and settlement amounts) arising out of any suit, claim or proceeding in connection with this Agreement and resulting from (Í) any failure of the Intermediary to comply with any or all of the terms of this Agreement; (ii) any breach of any representation or warranty by the Intermediary or (iii) any act or omission by the Intermediary, any affiliate or subsidiary, or any officer, director, employer, or agent of each of the foregoing.

Indemnified Party in connection with any third-party (including governmental) action, claim, proceeding, or any other damage, cost or liability (each, a “Claim“) arising from or in connection with the Indemnifying Party’s breach or non-performance of its covenants and representations and warranties under this Agreement; provided that the foregoing obligations shall be subject to the Indemnified Party providing the Indemnifying Party, at the expense of the Indemnifying Party, with reasonable cooperation in the defense of the Claim. For clarity, the Indemnified Party shall be entitled to maintain sole control over the defense and negotiations of the Claim for a settlement or other resolution, and the same shall not waive or reduce the obligations of the Indemnifying Party hereunder.

Limitation of Liability

You acknowledge and agree that we shall not have any liability in or be responsible for any damages, liabilities, losses, costs, out of pocket costs, or expenses (including attorneys' fees), whether direct, indirect, special, incidental, consequential, punitive, or otherwise of any kind (including, without limitation, any loss of revenue, loss of actual or anticipated profits, loss of contracts, loss of the use of money, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation or loss of, damage to or corruption of data), in each case arising under or related to claims of breach of contract, tort, including negligence, strict liability, negligent misrepresentation, restitution, breach of statutory duty or any other cause of action whatsoever with respect to this Agreement, the “Another App” or any other matters or services contemplated hereby.

Notwithstanding anything to the contrary herein and without limiting the foregoing, You acknowledge and agree, that the Company shall not be liable in any manner to the Client for (i) the failure of any Transaction or Transfer through the “Another App” to perform its settlement or other obligations under such Transaction or (ii) the failure of the “Another App” and its services and features to deliver, display or transmit orders, messages or other data entered by You. As a consequence, the Company shall not be held liable for: any loss or theft of digital assets including, but not limited to private keys; transaction errors done by You; late execution or settlement of any transaction whatsoever, in particular, if the system is down or if the blockchain is down or congested; the incorrect booking of transactions or the presence of an error in ordering the booking of transactions in a blockchain; any security breach or weakness, bug, of any kind for a digital asset; any security breach or weakness, bug, of any kind in the technology stacks used including but not limited to programming languages and open-source libraries; any configuration or installation errors by You.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Notices

Any notice required or permitted to be given in connection with this Agreement will be deemed to be delivered if it is personally delivered or sent by electronic mail (email), certified or registered mail or overnight courier, postage prepaid with return receipt requested, and addressed to the relevant party thereto at the address specified on the signature pages hereto or at such other address as such party may specify to the other party in writing from time to time.

Assignment

You shall not assign or otherwise transfer any of its rights or obligations under this Agreement.

Any assignment or other transfer in violation of the above will be null and void.

The Company may assign or transfer this Agreement or any rights or obligations hereunder to any affiliate of the Company without prior written consent from you.

This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors, and permitted assigns.

Governing Law and Disputes

Governing Law. This Agreement shall be governed by and construed in all respects in accordance with the laws of the Republic of Cyprus.

The Parties have agreed that any disagreement regarding the validity of the Agreement or resulting from its interpretation, execution, or termination shall be settled amicably by their representatives.

If after 15 days from the beginning of these unofficial negotiations the Parties fail to resolve the dispute amicably, the dispute will be awarded for final settlement by arbitration governed by International Commercial Arbitration Law, Law no 101/1987.

Exclusive Forum. If any claim, dispute, or controversy occurs between the Parties relating to the interpretation or implementation of any of the provisions of this Agreement is not solved, such dispute shall be resolved by private, confidential, and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement of the Parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either Party. The Arbitration shall be held in Cyprus

No Class Action. Without limiting the foregoing, You may only make a claim or proceeding against the Company in your individual capacity and shall not as a plaintiff or class member in any purported class or representative action or proceeding.

The legal successors of the Parties are subrogated to the rights and obligations established by the Contract.

Force Majeure and fortuitous event

Neither Party shall be liable for the non-execution on time - in whole or in part - or the defective execution of any of its obligations under this Agreement if the non-execution or defective execution of that obligation was caused by a force majeure event.

Force majeure events are considered: war, natural disasters, legal restrictions, and any unpredictable event, unavoidable and completely out of the control of the Parties.

The Party invoking force majeure is obliged to notify the other Party, within 5 days, of the occurrence of the event and to take all measures in order to limit or eliminate its consequences. Within 10 days of the occurrence of the event, the Party invoking force majeure must submit documents issued by the competent authorities certifying the occurrence, nature, and duration of force majeure. If within 30 days from the occurrence, the force majeure event does not cease, the Parties have the right to notify the full termination of this Agreement, without claiming damages that would result from the force majeure event.

Force majeure shall not relieve either Party of the obligations and liabilities resulting from this Agreement, assumed prior to its occurrence.

A fortuitous event is an event that cannot be foreseen by the Parties or prevented by the Party that would be called to answer if the event had not occurred. The fortuitous case removes the responsibility even if it does not present the characteristics of force majeure.

Severability

If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be amended to achieve as nearly as possible the same economic effect as the original provision, and the remainder of this Agreement shall remain in full force and effect. Any provision of this Agreement, which is unenforceable in any jurisdiction, shall be ineffective only as to that jurisdiction, and only to the extent of such unenforceability, without invalidating the remaining provisions hereof.

Changes to the Agreement

We may modify the Agreement at any time. We will post modifications to these Terms of Service on this page. If a change materially modifies your rights or obligations, you may need to accept the modified terms to continue to use our Services. By continuing to use our Services following any modification to these terms, our Privacy Statement or any Additional Terms, you are agreeing to the Agreement as modified.

Entire Agreement

This Agreement constitutes the final and complete agreement between the Parties regarding the subject matter hereof and supersedes any prior or contemporaneous communications, representations, or agreements between the Parties, whether oral or written.

Contact Us