TERMS AND CONDITIONS
1. Acceptance of Terms and Conditions
Welcome to Stibits! These Terms and Conditions (hereinafter, the “Terms” or the “Agreement”) govern your use of the Stibits mobile application available at Google Play and App Store (“Mobile App”) and all websites (“Platform,” “Websites” or “Sites”) owned and operated by Stibits, Inc a Company formed in accordance with the laws of the State of Delaware (the “Company,” “We,” “Us,” or “Our”).
The Mobile App and Platform offer registered users a secure and user-friendly way to send and receive cryptocurrencies using just the username, phone number, or email address (collectively “Service(s)”).
WE CURRENTLY ONLY SUPPORT CRYPTOCURRENCIES THAT ARE LISTED ON OUR WEBSITE.
WE DO NOT ENDORSE OR RECOMMEND ANY PARTICULAR CRYPTOCURRENCY. WE DO NOT SELL CRYPTOCURRENCIES THROUGH THE APP, AND NOTHING ON OUR APP/PLATFORM CONSTITUTES INVESTMENT ADVICE.
YOU UNDERSTAND AND ACCEPT THAT TRANSFER OF CRYPTOCURRENCIES FROM ONE USER TO ANOTHER CANNOT BE REVERSED BY THE COMPANY IN THE EVENT YOU ACCIDENTALLY SEND FUNDS TO THE WRONG USER. YOU SHOULD CAREFULLY CONSIDER YOUR DECISION TO SEND CRYPTOCURRENCIES TO ANOTHER USER.
2. Additional Terms
The Company reserves the right in its sole discretion to offer Services that may require you to agree to additional terms and conditions as specified by us from time to time. Your use of such Services will be subject to applicable additional terms and conditions, which are incorporated into this Agreement by reference. In the event of any conflict between these Terms and such additional terms and conditions, the latter shall prevail.
Our Services are designed for use by natural persons only. You may only use our Service if you have the legal capacity to enter into a binding contract with the Company in compliance with these Terms and all applicable local, state, provincial, national, and international laws, rules and regulations.
Persons under the age of eighteen (18) years are strictly prohibited from accessing our Services. If you have been previously banned from the Platform, you are strictly prohibited from accessing the Services through any other means.
By proceeding to access our Website, you represent and warrant that:
• You are of legal age to enter into a binding agreement with the Company (at least 18 years old);
• You have not been previously banned by the Company from using the Service; and
• You are not a citizen of a country or territory where the use of the Service is prohibited or in any manner restricted by applicable laws or regulations at the time of entering into this Agreement.
The Company reserves the right to amend the terms and conditions of this Agreement as well as any additional terms and conditions, from time to time, to reflect any change in our Service, changes in applicable laws and regulations, as well as other similar reasons. Unless expressly specified otherwise, any amendments to this Agreement shall be effective from the date we post the updated version on the page where these Terms appear and notify you by changing the Last Modified date on the top of these Terms.
It is solely your responsibility to periodically review this Agreement to familiarize yourself with any material changes. Your continued use of the App after the effective date of any amendments shall constitute your acceptance of such amendments. If you do not agree with any amendments, please immediately cease using our Service.
5. The Service
The Service is made available to users through the Stibits Mobile App available on Desktop, Google Play, App Store, and integrated APi’s. The Service enables registered Users to send and receive cryptocurrency using their Stibits user profile.
PLEASE NOTE THAT THE COMPANY WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN USERS THEREFORE THE COMPANY WILL NOT BE LIABLE FOR ANY TRANSACTION FEES INCURRED IN SENDING/RECEIVING CRYPTOCURRENCY BETWEEN USER ACCOUNTS.
Users are required to have a compatible mobile device to access the App.
The Company does not offer any warranties that our App will be compatible with your mobile device or available in any jurisdiction other than those specified on our Website. To make use of the Service, you will require access to mobile data. You understand and accept that any mobile data costs associated with accessing the Service are solely for your own account, and the Company will not be liable for any cost of equipment or personal mobile data incurred by you during your use of the Service.
Users are prohibited from using the Service for any illegal or fraudulent purposes or for sending and receiving cryptocurrency on behalf of other persons. Please note that any violation of this provision may result in your user account being suspended. The Company will not be held liable for any loss incurred by any User as a result of any permanent or temporary inability to access or use our Service. You are solely responsible for your interactions/transactions with other App Users. The Company reserves the right but is not under any obligation to monitor any interactions/transactions/disputes between users. The Company shall have no liability for any user action or omission.
The Company reserves the right to modify any Service features and functionality from time to time and push upgrades from time to time at our sole discretion. You hereby consent to all such upgrades. Please note that all future versions of the App will be governed by these Terms and any amendments to it.
UNLESS EXPRESSLY SPECIFIED OTHERWISE, OUR ROLE IS LIMITED TO FACILITATING CRYPTOCURRENCY TRANSACTIONS ON BEHALF OF USERS.
6. Account Setup and Safety
Users can easily download the App from Google Play or the App Store (depending on their device) and sign-up for a Stibits User Account.
You will be required to provide a valid email address, select a password, and provide all requested personal information to the Company. You agree to only provide the Company with accurate and complete information when requested by the Company. In the event of any material change in your personal information, please immediately contact us at [[email protected]
] with the words “Account details” in the subject line and notify us of any relevant changes. You further agree to provide all requested information to the Company for the purposes of: identity verification, compliance with our KYC/AML obligations, preventing terrorist financing, and other financial crimes.
During the User Account sign up process, the Company will create a wallet for you, and you will be required to select a twelve-word mnemonic passphrase (12 random English words), which will enable you to access your User Account. Your selected mnemonic passphrase will enable you to log into your User Account if you ever lose your mobile device. It is solely your responsibility to store this mnemonic passphrase in a safe place for any future use.
All Stibits User Accounts are provided by the Company after completion of our relevant verification procedures. We reserve the right to decline your request for a Stibits User Account without providing any reason for our decision or suspend your access to the App if we suspect any illegal activity.
You accept that you are solely responsible and liable for any activity that occurs on your Stibits user account. You agree that you shall be responsible for maintaining the confidentiality of your Stibits user account login credentials and your 12 word passphrase. You are strictly prohibited from using another person’s user account or allowing another person to use your user account. If you become aware of any suspicious activity on your Stibits user account or if you have a reason to believe that there has been a security breach, please immediately contact us at [[email protected]
]. The Company will not be liable for any losses incurred by you as a result of any unauthorized access to your user account.
Please note that your private keys are encrypted and stored on your mobile device. The Company does not copy or store your private keys, and we cannot under any circumstances access your wallet. It is solely your responsibility to keep your mobile device secure to prevent any unauthorized access to your user account.
7. Representation and Warranties
By creating a Stibits user account, you represent and warrant that:
• You do not require any approval or other action from any governmental authority or another person to enter into this Agreement with the Company;
• You have a sufficient understanding of cryptographic tokens, token storage mechanisms, and blockchain technology to understand these Terms, and the risk associated with cryptocurrencies and using the App. Your decision to use the App is entirely at your own risk;
• Your acceptance of these Terms and use of the App will not result in any violation of:
- Any other existing agreement, judgment, or court order to which you are a party or to which you are otherwise bound;
- Any anti-money laundering or regulatory restrictions applicable to you; or
- Any other laws, regulations, or rules that are applicable to you.
• You will comply with all applicable tax obligations arising from your use of the App; and
• You expressly agree to cease using the App in the event any change in your country of residence or circumstances that would result in the aforementioned representations and warranties no longer being valid.
8. Information Disclaimer
ALL THE INFORMATION AND CONTENT MADE AVAILABLE ON OUR WEBSITE, OR THROUGH OUR APP IS MADE AVAILABLE FOR YOUR GENERAL INFORMATION PURPOSES ONLY.
ALTHOUGH WE TAKE ALL REASONABLE STEPS TO REDUCE ANY INACCURACIES IN INFORMATION MADE AVAILABLE THROUGH OUR WEBSITE AND APP, WE ARE UNABLE TO WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION. THE COMPANY WILL NOT BE HELD LIABLE FOR ANY ERROR, OMISSION OR INACCURACIES OF ANY INFORMATION ON THE WEBSITE/APP. WE DISCLAIM ALL LIABILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION BY ANY USER, WEBSITE VISITOR OR ANY THIRD-PARTY WHO OTHERWISE OBTAINS THIS INFORMATION.
OUR WEBSITE MAY ALSO CONTAIN CONTENT CONTRIBUTED BY THIRD-PARTIES SUCH AS GUEST CONTRIBUTORS ON OUR BLOG, AS WELL AS COMMENTS, RATINGS, AND REVIEWS BY WEBSITE VISITORS/APP USERS. ALL CONTENT CONTRIBUTED BY SUCH THIRD-PARTIES IS THEIR OWN PERSONAL OPINION AND NOT THE OPINION OF THE COMPANY. THE COMPANY WILL NOT ASSUME ANY RESPONSIBILITY FOR ANY THIRD-PARTY OR USER CONTENT MADE ACCESSIBLE THROUGH THE WEBSITE/APP.
NO CONTENT/INFORMATION ON OUR WEBSITE OR APP IS INTENDED TO CONSTITUTE OR FORM AN INVESTMENT OR FINANCIAL ADVICE AND YOU ARE EXPRESSLY WARNED AGAINST RELYING ON ANY SUCH INFORMATION TO MAKE ANY FINANCIAL OR INVESTMENT DECISIONS.
WE DO NOT OFFER ANY INVESTMENT ADVICE OR RECOMMENDATION, AND WE WILL NOT ASSUME ANY RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY FOR ANY DECISIONS YOU MAKE BASED ON ANY INFORMATION YOU ACCESS THROUGH OUR SERVICE.
NOTHING ON OUR WEBSITE/APP IS TO REPLACE OR SUBSTITUTE ANY FINANCIAL ADVICE FROM A QUALIFIED AND LICENSED PROFESSIONAL WHO IS FAMILIAR WITH THE UNIQUE RISKS ASSOCIATED WITH CRYPTOCURRENCIES. YOU ARE HEREBY ADVISED TO UNDERTAKE YOUR OWN INDEPENDENT RESEARCH AND EXERCISE YOUR OWN BEST JUDGEMENT BEFORE MAKING ANY FINANCIAL DECISIONS.
ALL INFORMATION AVAILABLE THROUGH THE APP IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY NATURE, EITHER EXPRESS OR IMPLIED, INCLUDING STATUTORY WARRANTIES. ACCORDINGLY, ANY DECISION YOU TAKE BASED ON ANY INFORMATION YOU RECEIVE THROUGH THE APP IS ENTIRELY AT YOUR OWN RISK.
9. Use of the App
You hereby agree that:
• You will not use the App for any unlawful or illegal purposes;
• You will only use the App in accordance with your applicable local laws and these Terms;
• You will only use the App in a manner consistent with its purpose;
• You will not post, share or promote any content that is demeaning to a group whether based on race, disability, age, sexual orientation, gender identity or violent, pornographic, sexually explicit, defamatory, suggestive or in any way illegal;
• You will immediately notify the Company of any issues that you encounter during your use of the App;
• You will not use a false identity for the purposes of user account sign-up, mislead the Company or another user, impersonate another user or use another user’s user account to access the App;
• You will not disclose or share any personal information or confidential data of another person or entity through the App;
• You will only use the App for your own use, and you will not resell your user account to any third party;
• You will provide the Company with any documentary evidence requested by the Company during your account verification or during the term of this Agreement;
• You will not post, upload, display, or transmit any content on our Website or any public areas that constitute or encourages criminal conduct, results in civil liability or infringes the rights of another person;
• You will not modify, adapt, translate, or reverse engineer any portion of the App;
• You will not use any robot, spider, site scraping/retrieval application or other automated routines to scrape any data/information from any part of the App;
• You will not attempt to access any content, area or functionality of the App that you are prohibited from accessing or attempt to circumvent the security measures employed by the Company to prevent such access;
• You will not reformat or frame any portion of the App without the express written consent of the Company;
• You will not post or submit any content or material on any Website, that falsely expresses or imply that such content or material is sponsored or endorsed by the Company;
• You will not transmit any viruses, defects, trojan horses or other items of a destructive nature through the App;
• You will not copy or store any content offered on the App for other than your own personal use;
• You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
• You will not assist, participate in, or withhold information about any type of attack, including but not limited to distribution of a virus, or attack upon the Service that prevents access to the Service, gain unauthorized access to the Service, or disrupt any other User’s use or enjoyment of the Service;
• You will not reproduce, distribute, display or make available any data, information or part of the App to any third party without the express written consent of an authorized representative of the Company;
• The Company reserves the right to add, modify, as well as suspend, stop, discontinue, cease maintenance, updating, and correction of errors with respect to any aspect of the App functionality, including but not limited to terminate the Service without giving any notice to you; and
• The Company reserves the right to impose limitations and restrictions on your use of the Service with or without notice to you. The limitations and restrictions may be established based on different criteria, including user location, language, age, legal requirements, etc.
Any violation of this provision may result in the suspension or termination of your user account. The Company reserves the right to prosecute any violations of this provision in its sole discretion.
10. Risk Disclosure; Assumption of Risk; Release
Although the Company provides you a user-friendly interface to send and receive cryptocurrency; you acknowledge that sending, receiving, and storing cryptocurrencies involves significant risks and potential for financial losses, including but not limited to:
• The complex and technical nature of the underlying technology involved in sending, receiving, and storing specific cryptocurrencies may be difficult to understand for those who do not have technical know-how;
• Loss of your mobile device and mnemonic passphrase will result in you not being able to access your user account;
• The underlying technology may be vulnerable to attacks;
• The underlying technology for a specific cryptocurrency may change, and the cryptocurrency in your user account may cease to operate as expected due to changes made;
• Any cryptocurrency may be lost, canceled, or otherwise lose its market value due to various external factors including but not limited to market manipulation, the introduction of new regulations and laws, attacks, forks, or just a failure of cryptocurrency to operate as envisaged.
The risks described above may result in loss of your cryptocurrency, loss in the market value of your cryptocurrency, inability to access or transfer your cryptocurrency, and other financial losses that are beyond the Company’s control. You hereby acknowledge and agree that the Company will have no responsibility or liability for such risks. You hereby irrevocably release and discharge all claims, whether known or unknown to you, against the Company and its officers related to any of the risks set out above.
You represent and warrant that you:
(a) will always keep your twelve-word passphrase in a secure place so you can access it as and when required to recover your Stibits User Account
(b) you have the requisite knowledge, experience, understanding of any cryptocurrency you decide to acquire. You accept all the risks involved in sending, receiving, and storing cryptocurrency through the Service.
11. Export Control
The App is subject to the U.S. export laws and regulations. The App may not be exported to nations, persons, or entities that are prohibited from receiving exports from the United States. The App may also be subject to import and export laws of other nations. By using the App, you agree to comply with all the U.S. and applicable locals laws related to your use of the Service. You may not transfer any rights or obligations under this Agreement to any third-party.
12. Account Suspension and Termination
This Agreement will remain in force until terminated by you or the Company.
You may terminate your Stibits User Account at any time by accessing your account settings or by contacting us at [[email protected]
] with the words ‘account termination’ in the subject line.
The Company reserves the right to suspend the Service, modify the Service, or permanently or temporarily terminate or suspend your access to the Service without any prior notice or incurring any liability for any reason if, in our sole determination:
• You have violated the terms of this Agreement;
• You have violated any applicable laws;
• Your conduct is harmful to the Company or any of its Users;
• We are required to do so by a subpoena, court order, or order of a government authority;
• We suspect an increased risk of legal or regulatory non-compliance linked with your User Account;
If the Company suspends or terminates your access to the Service, in whole or in part, for any reason, we will use all reasonable efforts to provide you with sufficient notice unless we are prohibited from doing so by a court order or other legal process.
If you have been previously banned from using the App or your user account has been restricted, suspended or terminated by the Company, you understand that you are strictly forbidden from:
• Creating a new account with different sign-up information;
• Trying to acquire access to another User’s account;
• Trying to gain access to the App through any other unauthorized mechanism.
13. Intellectual Property
All rights, title and interest in and to all copyrights, trademarks, domain names, trade secrets, know-how and other intellectual and/or proprietary rights in or related to the Service, including but not limited to, all the text, graphics, audio, video, interactive features, code, marks, software and the like (“Company Content”) are either owned by or licensed to the Company. All Company Content is protected by copyright laws and treaties around the world. You must not use any part of the Company Content for any commercial purposes without obtaining written consent from the Company or its licensors. You are strictly prohibited from copying, selling, transferring, assigning, reproducing, republishing, disassembling, decompiling, reverse engineering, or distributing any Company Content in contravention of this Agreement and applicable laws. Unless expressly specified otherwise, the Company only grants you a non-exclusive, non-transferable, revocable license to use the App for your personal and non-commercial use only. By entering into this Agreement, you are not purchasing the App or a copy thereof, the Company and its licensors retain all rights, title, and interest in the App. All rights that are not expressly provided herein are reserved by the Company.
Our App name “Stibits” and our logos, as used on our App, are our registered or unregistered trademarks (collectively, “Marks”). You may not use any of our Marks for any purposes other than during your use of the App as a User.
14. User Content
The App allows users to send and receive cryptocurrencies to one another.
To this end, some user content such as Users’ username, and profile image will become visible to other App Users (hereinafter referred to as “User Content”).
License Grant to the Company
The Company does not claim any ownership of your User Content, but by posting any User Content on the App you grant the Company a non-exclusive, irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, publicly display, reproduce, prepare derivative works or incorporate into other works during the delivery of our Service.
License Grant to App Users
You understand and accept that your User profile and any information posted by you in any public areas of the App/Service will become visible to other Users. You hereby grant all App Users a non-exclusive license to access any publicly visible information in a manner permitted or made available by the Company through the App.
THE COMPANY HEREBY DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO ANY MISUSE OF YOUR USER CONTENT BY ANY USER.
User Content Disclaimer
All information provided by a User to the Company or uploaded or shared by a User through the App is the sole responsibility of the User from whom such information originated. It is solely your responsibility to verify any information from another User before making any decisions based on such information. You hereby waive any legal or equitable rights or remedies you may have against the Company with respect to any User Content accessed or made available through the App. The Company expressly disclaims all liability with respect to all User Content on the App.
Representation and Warranties
The Company does not monitor the User Content made available through the App, but we do reserve the right to do so. We reserve the right to remove, edit, or block any User Content if we believe that such User Content is incorrect, misleading, or in any way violates these Terms. You represent and warrant to the Company that you are the owner of the User Content you upload, post, or share through the App, or you have the necessary licenses, agreements, and authorization to share your User Content through the App.
User Content Guidelines
It is solely the User’s responsibility to ensure that your User Content:
• Does not violate any applicable laws;
• Does not breach any provisions of this Agreement;
• Does not disclose or share any personal information of another person or in any way, violate the privacy rights of another.
15. Apple and Android App Users
When you download our App from Apple’s App Store or Google’s Play Store (collectively referred to as “the Store”), you agree to be bound by this provision applicable to the Store Users. You understand that this Agreement is entered into by and between you and the Company only. You understand that Apple, Inc and Google, Inc are not a party to your Agreement with the Company (Apple, Inc and Google, Inc are hereinafter collectively referred to as “App Store Company”).
You understand that the App is licensed to you by the Company, and the App Store Company does not have any legal or moral obligation to offer any maintenance or support services for the App. To the maximum extent permitted by applicable law, App Store Company does not offer any warranties of any nature whatsoever in relation to the App. Therefore any claim, action or dispute arising out of or associated with this Agreement or your use of App offered by the Company must be brought against the Company only.
App Store Company will not be responsible for defending or settling any claims or actions arising from or associated with your use of the App.
By accessing/using the Service you represent and warrant to the Company that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government list of prohibited or restricted parties.
You understand and accept that the App Store Company are third party beneficiaries of this Agreement, and they have the right to enforce this Agreement against you.
16. Geographic Restrictions
The Service is not available to citizens or residents of any state, province, or country where the use of the Service is prohibited by applicable law (“restricted jurisdictions”). By using our Service, you represent and warrant that you are not a citizen or resident of any such jurisdiction. If you are traveling to such jurisdiction, you further represent and warrant that you will not use our Service whilst you are in such restricted jurisdiction. You understand and accept that the Company reserves the right to restrict access to the Service in any jurisdiction, at its sole discretion.
17. No Liability for User Conduct
We do not actively monitor any User Content/Transactions on the App. The Company neither represents nor warrants the authenticity of any information provided by any User through the App and all User Content is the sole responsibility of the User who originally created such content and not that of the Company.
The Company does not warrant, guarantee, or assume responsibility for any User Content on the App, and the Company will not be a Party to any promises made by any User.
Unless expressly stated otherwise, any notice, request, demand, or communication to be given by User to the Company shall be made in writing to the Company representative at [[email protected]
Any notice to be given by the Company to User shall be made in writing and sent to the email address provided by User at the time of account registration.
19. Electronic Communications
By providing your email address to the Company during sign-up, you acknowledge that you are communicating with us electronically, and therefore you consent to receive communications from us electronically in return. We will communicate with you by email, through in-app messaging, or by posting notices on our App. You agree that all Agreements, Additional Terms, Privacy Policies, and notices that we provide to you electronically satisfy the legal requirements of any specific communication be in writing.
20. Disclaimer of Warranties
THE SERVICE IS PROVIDED BY THE COMPANY TO YOU ON AN “AS IS,” AND “AS AVAILABLE” BASIS. YOUR DECISION TO USE THE SERVICE IS SOLELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, ACCURACY, AND NON-INFRINGEMENT.
WE NEITHER REPRESENT NOR WARRANT THAT THE COMPANY CONTENT IS ACCURATE, RELIABLE OR CORRECT; THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE; THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; THAT ANY DEFECTS WILL BE CORRECTED; THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THE COMPANY WILL BE ABLE TO DETECT, LIMIT OR PREVENT ANY PROHIBITED ACTIVITIES; OR THAT THE SERVICE WILL BE COMPATIBLE WITH YOUR DEVICE.
NO INFORMATION OR ADVICE OBTAINED BY YOU FROM THE WEBSITE/APP OR THROUGH THE COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
21. Limitation of Liability
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS OFFICERS BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR ANY LOSS OF DATA, PROFITS, USE OR ANY INTANGIBLE LOSSES ARISING OUT OF OR ASSOCIATED WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM ANY UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT. THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY:
• ERRORS, MISTAKES OR INACCURACIES OF ANY CONTENT MADE AVAILABLE THROUGH THE APP;
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE APP;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD-PARTY; AND
• ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR RELIANCE UPON ANY INFORMATION MADE AVAILABLE THROUGH OUR APP.
IN NO EVENT SHALL THE COMPANY OR ITS OFFICERS’ LIABILITY TO YOU SHALL EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY IN THE THREE MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE DISPUTE OR ONE HUNDRED USD, WHICHEVER IS GREATER.
IN JURISDICTIONS WHICH DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) Your use or inability to use the App;
(ii) violation of this Agreement by you;
(iii) violation of any applicable law by you; and
(iv) Your violation of the rights of any user or another person.
23. Binding Arbitration
THIS PROVISION SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS SO PLEASE CAREFULLY READ THIS PROVISION AND DO NOT USE THE APP IF YOU DO NOT AGREE TO BE BOUND BY THIS PROVISION.
YOU AND THE COMPANY AGREE TO RESOLVE ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE APP OR THIS AGREEMENT BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES.
YOU AND THE COMPANY BOTH WAIVE YOUR/OUR RESPECTIVE RIGHTS TO PARTICIPATE IN CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE OR UNDER THIS AGREEMENT. YOU UNDERSTAND THAT BY ACCEPTING THIS AGREEMENT, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM AGAINST THE COMPANY. THIS ARBITRATION PROVISION IN THE AGREEMENT IS GOVERNED BY THE FEDERAL ARBITRATION ACT AND NOT THE LAWS OF ANY SPECIFIC STATE REGARDING LEGALITY OR ENFORCEABILITY OF ARBITRATION AGREEMENTS. THIS ARBITRATION PROVISION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT IRRESPECTIVE OF THE CAUSE OF TERMINATION.
24. Governing Law
This Agreement shall be construed and governed exclusively by the law of the State of Delaware, without giving effect to any conflict of law provisions.
If you have any questions about this Agreement, please find our contact page at [Stibits.io] alternatively you can write email us at the address provided below:
If for any reason, any provision of this Agreement or any part of any provision is deemed to be unlawful, void, or for any reason unenforceable, then such provision will be limited or eliminated from this Agreement only to the extent necessary and will not affect the validity and enforceability of any remaining provisions.
Under no circumstances, failure on the part of the Company to exercise any right or remedy under this Agreement will constitute a waiver of such right or remedy.
The Company may assign any of its responsibilities and/or obligations to any other Person, at its sole discretion, without giving any notice to User. However, the User shall not assign or transfer any rights or obligations under this Agreement to any other party without the express written consent of the Company.
Neither the Company nor User will be held liable for failure to perform any of their obligations towards the other if such failure is as a result of force majeure events including Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.