These Terms and Conditions (the “Terms”) govern the relationship between Software Alliance, a company registered in the United Arab Emirates at Saif Suite Y1-033, Y1-032, Sharjah – U.A.E (the “Company”, “we”, “us”, or “our”) and the user as defined hereunder. We operate the mobile application WalletWise (the “App”), as well as any other related products and services that refer or link to these Terms & Conditions (the “Terms”) (collectively, the “Services”).
The user (“You”) shall mean any person that accesses and makes use of the Services and acquires, holds, sells, transfers, converts or otherwise transacts fiat or cryptocurrency through the Services.
These Terms constitute a legally binding agreement made between you and the Company, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms which specify the rights and obligations of each party.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Terms will become effective upon posting or notifying you by support@walletwise.finance, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to your use of the Services.
These Terms do not constitute a prospectus, advertisement or offer document of any kinds and are not intended to facilitate an offer or a solicitation for investment in securities, derivatives or any other financial instrument in any jurisdiction.
2. OUR SERVICES
WalletWise is a digital wallet for both fiat and cryptocurrency with the mission to empower users with an intuitive, secure platform to manage assets, make payments, and invest wisely. It allows users to access a seamless and secure payments system using both fiat and cyrptocurrenies for everyday transactions and tokenised investments in real-world assets like gold, real estate, and stocks.
The information provided when using the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
3. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws, various other intellectual property rights and unfair competition laws, and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services on an ‘as-is’ basis for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable license to access the Service and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use of internal business purpose. You are prohibited from using or accessing the Services in any way not expressly authorised by these Terms.
During your use of the Services, all activities you conduct shall comply with the requirements of any and all applicable laws, regulations and these Terms. We reserve the right to deny or restrict your access to the Services if we suspect any failure of compliance with these Terms.
Except as set out in this section or elsewhere in our Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Terms, please address your request to support@walletwise.finance. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately and we shall be at liberty to pursue any legal action against you as deemed appropriate by us.
Your submissions
Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand the rights you give us and the obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
warrant that any such Submissions are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of this section, any third party's intellectual property rights or applicable law.
4. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
All registration information you submit is true, accurate, current, and complete;
You will maintain the accuracy of such information and promptly update such registration information as necessary;
You have the legal capacity and you agree to comply with these Terms;
You are not under the age of 18;
You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services;
You are not declared bankrupt and no application is made to court, or an order is made, for the appointment of an administrator (or equivalent) in relation to your assets;
You acknowledge and understand that there are inherent risks associated with transactions involving fiat and cryptocurrencies, and that you undertake such transactions at your own risk, with no liability attributable to us;
.You agree that we may, at our sole discretion, change, modify or discontinue the Service or any part thereof without prior notice;
You agree that we may process, cancel, correct and/or reverse any transaction at any time, even after funds may have been credited or debited to or from your account or wallet, without assigning any explanation or prior notice;
You will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
You will not use the Services for any illegal or unauthorised purpose;
.You shall, at all times, comply with these Terms; and
Your use of the Services will not violate any applicable law, regulation or sanction.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). Your account and wallet will be frozen until a decision, at our sole discretion, is made to either permit access or to confiscate and block your account and wallet, and its contents.
5. USER REGISTRATION
You may be required to register to use the Services. You agree to provide complete, correct and current information, including your full name, date of birth, contact details, bank account details and payment card details. We reserve the right to terminate your account in case of suspicion that the provided information is incorrect, false, outdated or incomplete.
You agree to keep your password confidential and will be responsible for all use of your account and password. You agree that we are entitled to rely upon the fact that any event of accessing your account is in fact by you, with the corresponding access details. Any actions thereafter in relation to the Services shall be considered actions by you, and shall legally bind you. You undertake that you shall be solely responsible for all activities undertaken by and/or costs incurred against your account. You shall inform us if you know or suspect that your account has been accessed or compromised by someone else.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You agree and authorise us to conduct investigations and verification, request information and make inquiries, as deemed necessary in our sole discretion and without limitation, in relation to the personal information provided by you, including the verification of the beneficial ownership of the funds used for the Services and the source of the funds.
We reserve the right to reject any user at our sole discretion and without assigning any reason. Furthermore, specific jurisdictions and/or territories may be excluded.
6. PRODUCTS
All products are subject to availability. We reserve the right to discontinue any products at any time for any reason.
Prices for all products are subject to change.
7. TRANSACTIONS AND PAYMENTS
We accept the following forms of payment:
Bank Account.
Mastercard.
Visa.
Apple Pay.
Google Pay.
You agree to provide current, complete, and accurate account information for all purchases and sales made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We may change prices at any time at our sole discretion. All payments shall be in US dollars or USDT.
You agree to pay all charges at the prices in effect at the time of your purchases, along with any charges or fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
The acceptance of any purchase or sale is at our sole discretion, and the changes shall be reflected in your wallet within an hour of the purchase/sale; however, we reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per account, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors. We reserve the right to amend the transaction process from time to time.
You acknowledge and agree to bear the sole responsibility to determine whether holding or engaging in transactions on the Services, any potential appreciation or depreciation of the underlying fiat or cryptocurrencies, or any other actions related to the Services have tax implications. You agree to be solely responsible for the associated tax liabilities. We bear no liability for determining whether taxes apply to your transactions, or for collecting, reporting or remitting any taxes arising from any transaction. Should any transaction be subject to tax, such tax shall be charged to and borne by you.
You acknowledge and agree that we may be required to share information regarding the beneficial ownership of the fiat or cryptocurrency with Third-Parties.
8. REFUNDS POLICY
All sales are final and no refund will be issued.
9. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Violate or encourage any conduct that would violate any law or regulation.
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorised framing of or linking to the Services.
Upload or transmit, or attempt to upload or to transmit, viruses, Trojan horses, or other malicious material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit, or attempt to upload or to transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ('gifs'), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Avoid, bypass, remove, deactivate, impair, de-scramble, or otherwise circumvent any technological measure implemented on the Services for protection and security.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
Use a buying or purchasing agent to make purchases on the Services.
Make any unauthorised use of the Services, including collecting usernames and/ or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Modify, transfer, distribute, pledge, sublicense, rent, lease or create derivative works based on the Services.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
Use the Services to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
If we, at our sole discretion, consider any use of the Services to be objectionable or in violation of these Terms, we reserve the right, but are not obligated, to remove or disable your access to the Services. We have the right at our sole discretion to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to assist in the prosecution of Users who violate the law.
10. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not, by our determination, obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable.
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services
11. CONTRIBUTION LICENCE
You agree that we may access, store, process, and use any information and personal data that you provide, including your choices and settings.
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
12. MOBILE APPLICATION LICENCE
Use Licence
If you access the Services through the App, then we grant you a revocable, non exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Terms.
If you access the Services through the App, you shall not:
Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;
Violate any applicable laws, rules, or regulations in connection with your access or use of the App;
Remove, alter, or obscure any proprietary notice, including any notice of copyright or trademark, posted by us or the licensors of the App;
Use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;
Make the App available over a network or other environment permitting access or use by multiple devices or users at the same time;
Use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App;
Use the App to send automated queries to any website or to send any unsolicited commercial email; or
Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an“App Distributor”) to access the Services:
The licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service;
We are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application licence contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law. The App Distributor will have no other warranty obligation whatsoever with respect to the App;
You represent and warrant that you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a 'terrorist supporting' country and you are not listed on any US government list of prohibited or restricted parties;
You must comply with applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and
You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these Terms, and that each App Distributor will have the right,and will be deemed to have accepted the right, to enforce the terms and conditions in this mobile application licence contained in these Terms against you as a third-party beneficiary thereof.
13. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a“Third-Party Account”) by either providing your Third-Party Account login information through the Services; or allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the“Social Network Content”) so that it is available on and through the Services via your account, including without limitation any friend lists and that we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. If a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services.
You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time.
Your relationship with the Third-Party Service Providers associated with your Third Party Accounts is governed solely by your agreement(s), if any, with such Third-Party Service Providers and the Company is not responsible or under any obligations whatsoever in relation to your Third-Party Accounts.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable).
We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
14. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain, or you may be sent through the App, links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services.
Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
15. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
Monitor the Services for violations of these Terms;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities and terminating or suspending the account and the wallet;
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable, to the extent technologically feasible, the Services or any portion thereof, including the possibility to effect any transactions, at any time and without prior notice;
In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
Modify any and all aspects of the Services to, in our sole discretion, improve security measures, performance or user experience;
Outsource in full or in part functions and/or business areas to affiliates and/or third-parties, and disclose information required for the performance of such outsourced services to the aforementioned service providers within the framework of the legal requirements and our Privacy Policy; and
Otherwise manage the Services in a manner designed to protect our rights and property, and to facilitate the proper functioning of the Services.
16. PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Terms.
Please be advised the Services are hosted in the United Arab Emirates. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Arab Emirates, then through your continued use of the Services, you are transferring your data to the United Arab Emirates, and you consent to have your data transferred to and processed in the United Arab Emirates.
We do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical, without notice or liability.
17. TERM AND TERMINATION
These Terms, as amended from time to time, shall remain in full force and effect while you use the Services.
Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services, including by way of terminating or suspending the account, to any person for any reason or without any reason, including without limitation for breach of any representation, warranties, or covenants contained in these Terms or in any applicable law or regulation. Your account and wallet will be frozen until a decision, at our sole discretion, is made to either permit access or to confiscate and block your account and wallet, and its contents.
In the event of a termination under this clause, we may freeze or lock your account and wallet without prior notice and without assigning any reasons. You agree that we shall not be liable to you for any permanent or temporary modification of your account or wallet, or suspension or termination of your access to all or any portion of the Services. You agree that we will have no liability or responsibility for your inability to withdraw your fiat or cryptocurrencies as a result of the aforesaid termination or suspension.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
In the event that you voluntarily terminate these Terms, you agree to provide an external digital wallet address or bank account for the return, as soon as reasonable, of your fiat and cryptocurrencies less the fees, costs or other administrative charges.
We shall reserve the right to keep and use your data retained by us in accordance with our Privacy Policy.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, revise, update, suspend, discontinue, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
19. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
20. DISCLAIMER
The Services are provided on an as-is and as-available basis. Your agree that your use of the Services will be at your sole risk. We are not responsible for the operation of the underlying protocols of the Service, including smart contracts and blockchain. We make no guarantees of their functionality, availability or security.
To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non infringement.
We make no warranties or representations about the accuracy or the completeness of the Services’ content or the content of any websites or mobile applications linked to the Services. We will assume no liability or responsibility for any:
Errors, mistakes or inaccuracies of content, materials and transactions;
Personal injury or property damage, of any nature whatsoever, resulting for your access to and use of the Services;
Any unauthorised access to or use of our secure servers and/or financial information stored therein;
Any interruption or cessation of transmission to or from the Services;
Any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Services by any Third Party; and/or
Any errors or omissions in any content, materials and transactions or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Services.
We do not warrant, endorse guarantee or assume responsibility for any product or service advertised or offered by a Third-Party through the Services, any hyper-linked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way responsible for any transaction between you and any Third-Party Providers of products or services. As with the purchase of a product or service through any medium in any environment you should use your best judgement and exercise caution where appropriate.
21. LIMITATIONS OF LIABILITY
In no event will we or our Directors, Employees or Agents be liable to you or any Third-Party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages including lost profit, lost revenue, loss of data or other damages arising from your use of the Services.
We shall not be liable to you for:
Damages or losses incurred as a result of materialization of risks outside our sphere of influence, including expropriation, theft, hacking, spoofing or other malicious interference with the tokens and/or blockchain, intentional or unintentional bugs or weaknesses in the source-code for the underlying protocols of the Services;
Damages or losses incurred as a result of your own actions or omissions and breaches of obligations on your part, including but not limited to breaches of these Terms;
Damages or losses incurred from the compromise or loss of your login credentials, funds, or loss of hash/private keys;
Damages or losses incurred as a result of the acts, omission or unavailability of reasonable commercial terms or any losses sustained in connection with the use of third-party service providers.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid by you to us, if any, during the six (6) month period prior to any cause of action arising.
Certain United States’ Laws and International Laws do not allow limitations and implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
22. RIGHTS OF LIEN, RETENTION & SET-OFF
We have a right of lien for all current or future claims against you, accrued and existing in connection with any Transaction, use of the Services or incurred otherwise. Such lien extends to all fiat and cryptocurrencies in your account and wallet at any given point in time. Such right of lien shall exist irrespective of the type, denomination or maturity of the our claims against you. In addition, we shall have a right of retention on all of the aforementioned assets held for you as security for any of its aforementioned claims.
In an event of default on your part, we shall be entitled to realise any and all of the assets, claims or other rights over which we have a lien, including by way of acquisition of your account or wallet. We may also, in our sole discretion, in the event of default on your part, initiate proceedings for ordinary debt enforcement by way of seizure or bankruptcy proceedings, upholding the lien. In addition to this, we may, in our sole discretion, blacklist your account and wallet, freeze them and secure our lien.
If we realise our right of lien, we will, after satisfaction of our claims, transfer the remaining funds to you at your last known address.
Our rights of lien, retention and set-off shall also apply to any claims of the Company to be indemnified or held harmless.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
Use of the Services;
Breach of these Terms;
Any breach of your representations and warranties set forth in these Terms;
Your violation of the rights of a third party, including but not limited to intellectual property rights;
Any overtly harmful act toward any other user of the Services with whom you connected via the Services; or
Any liability for damages or losses incurred in connection with your failure to comply with any legal or regulatory obligations.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
24. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by us or through the Services.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
26. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of the United Arab Emirates and the courts of the United Arab Emirates shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.
27. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a“Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute, other than the Disputes provided below, informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which may be read as an integral part of this clause. The number of arbitrators shall be three (3). The seat, or legal place, or arbitration shall be Dubai, United Arab Emirates. The language of the proceedings shall be English. The governing law of these Terms shall be the substantive law of the United Arab Emirates.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, no arbitration shall be joined with any other proceeding, there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures, and there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration:
Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and
Any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
28. MISCELLANEOUS
We reserve the right to amend these Terms from time to time and will inform the User of such amendments in advance through e-mail. All amendments shall be deemed to have taken effect within 30 days of communication of the amendments through email. Continued use of the Services following the amendments shall be deemed as acceptance by you of the amended Terms.
These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
These Terms operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. However, you may not assign any rights or obligations under these Terms, including in respect of individual transactions, to any third party without our prior written consent.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services.
These Terms do not create or confer any rights or benefits enforceable by any person not a party to it except.
You agree that these Terms will not be construed against us by virtue of having drafted them.
You hereby waive any and all defences you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
29. COMMUNICATION & NOTICES
You agree that we may deliver all communications, agreements, documents, notices, disclosures to you at the contact details provided by you at the time of registration. It is your responsibility to ensure that the contact details are correct, operational and available for receipt of all communications and to notify us of any changes to the details as soon as practicable after the change is made.
You agree and acknowledge that you will apprise yourself of any communications we may post on our website or the App.
30. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: SOFTWARE ALLIANCE (FZE) Saif Suite Y1-033, Y1-032, Sharjah - United Arab Emirates support@walletwise.finance
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