1. BASIC EXBASE SERVICES
1.1. EXBASE Services. Your EXBASE account ("EXBASE Account") encompasses the following basic EXBASE services:
– One or more hosted Digital Currency wallets that allow users to store certain supported digital currencies, like Bitcoin or Ethereum ("Digital Currency"), and to track, transfer, and manage supported Digital Currencies (the "Hosted Digital Currency Wallet");
– Digital Currency conversion services through which users can buy and sell one type of Digital Currencies in exchange to other type of Digital Currencies, or exchange of the Digital Currencies unit into Fiat Currenies unit and vice versa (the "Conversion Services") (collectively the "EXBASE Services"). The risk of loss in holding Digital Currency can be substantial. You should therefore carefully consider whether holding Digital Currency is suitable for you in light of your financial condition.
The risk of loss in holding Digital Currency can be substantial. You should therefore carefully consider whether holding Digital Currency is suitable for you in light of your financial condition.
1.2. Other services. EXBASE Services are strictly limited by providing virtual currency wallet services and virtual currency to fiat currency exchange services to its users. We do not provide any payment services directly. By using EXBASE Services, Users acknowledge and agree that:
a) Evelar LLC does not provide any payment services directly to Users.
b) For any payment services embedded within the EXBASE Website, such services are provided by partnering licensed payment service providers ("Payment Service Providers") under their own internal user agreements.
c) Users will be informed about the relevant Payment Service Provider and its terms and conditions prior to processing any payment transaction through the EXBASE Website.
d) Users must agree to the terms and conditions of the respective Payment Service Provider by checking the relevant checkbox before proceeding with any payment transaction.
e) Evelar LLC is not responsible for any disputes, claims, or issues arising from the use of payment services provided by the Payment Service Providers. Users shall direct any such concerns or inquiries to the respective Payment Service Provider.
2. CREATING AN EXBASE ACCOUNT
2.1. Registration of EXBASE Account. In order to use any of the EXBASE Services, you must first register by providing your name, e-mail address, password, and affirming your acceptance of this Agreement. EXBASE may, in our sole discretion, refuse to allow you to establish a EXBASE Account, or limit the number of EXBASE Accounts that a single user may establish and maintain at any time.
2.2. Identity Verification. In order to use certain features of the EXBASE Services, including certain transfers of Digital Currency, you may be required to provide EXBASE with certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number). In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update EXBASE if any information changes. You hereby authorize EXBASE to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
3. HOSTED DIGITAL CURRENCY WALLET
3.1. In General. The Hosted Digital Currency Wallet services allow you to send supported Digital Currency to, and request, receive, and store supported Digital Currency from, third parties pursuant to instructions you provide through the EXBASE Site (each such transaction is a "Digital Currency Transaction"). EXBASE reserves the right to refuse to process or to cancel any pending Digital Currency Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits EXBASE cannot reverse a Digital Currency Transaction which has been broadcast to a Digital Currency network. The Hosted Digital Currency Wallet services are available only in connection with those Digital Currencies that EXBASE, in its sole discretion, decides to support. The Digital Currencies that EXBASE supports may change from time to time. If you have any questions about which Digital Currencies EXBASE currently supports, please visit EXBASE. Under no circumstances should you attempt to use your Hosted Digital Currency Wallet services to store, send, request, or receive digital currencies in any form that are not supported by EXBASE. EXBASE assumes no responsibility or liability in connection with any attempt to use EXBASE Services for digital currencies that EXBASE does not support.
3.2. Digital Currency Transactions. EXBASE processes supported Digital Currency according to the instructions received from its users and we do not guarantee the identity of any user, receiver, requester or other party. You should verify all transaction information prior to submitting instructions to EXBASE. In the event you initiate a Digital Currency Transaction by entering the recipient's email address and the recipient does not have an existing EXBASE Account, EXBASE will email the recipient and invite them to open a EXBASE Account. If the designated recipient does not open an EXBASE Account within 30 days, EXBASE will return the supported Digital Currency associated with the transaction to your EXBASE Account. Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your EXBASE Account balance or be available to conduct transactions. EXBASE may charge network fees (miner fees) to process a Digital Currency transaction on your behalf. EXBASE will calculate the network fee in its discretion, although EXBASE will always notify you of the network fee at or before the time you authorize the transaction.
3.3. Digital Currency Storage & Transmission Delays. EXBASE securely stores all Digital Currency private keys in our control in a combination of online and offline storage. As a result, it may be necessary for EXBASE to retrieve certain information from off-line storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, which may delay the initiation or crediting of such Digital Currency Transaction for 48 hours or more. You acknowledge and agree that a Digital Currency Transaction facilitated by EXBASE may be delayed.
3.4. Third Party Payments. EXBASE has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of EXBASE Services). EXBASE is not responsible for ensuring that a buyer or a seller you may transact with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with Digital Currency transferred using the EXBASE Services, or if you have a dispute with such third party, you must resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify EXBASE Support at [email protected] so that we may consider what action to take, if any.
3.5. Customized EXBASE Payment Page. In some cases, you may establish a customizable payment page ("Payment Page") which will allow others to easily send Digital Currency to your EXBASE Account. You may establish and customize your Payment Page through your EXBASE Account settings, which will allow you to establish a user handle and associated Payments Page URL, upload a photo, and provide a short description. In establishing your Payment Page and uploading or adding any text, photo, or other material, you agree that you will not (i) post misleading materials or misappropriate the identity of another person or entity, (ii) post any copyrighted material which you are not authorized to post, or (iii) post any profane, unlawful, or offensive materials. EXBASE, in its sole discretion, may disable your Payment Page and take other action in accordance with this Agreement if we believe you are in violation of the foregoing or abusing this service. EXBASE may reclaim user handles associated with dormant EXBASE Accounts. EXBASE does not guarantee or endorse the purported identity, message, or other information posted by a user to the user's Payment Page.
3.6. Advanced Protocols. Unless specifically announced on our website or through some other official public statement of EXBASE, we do not support metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Digital Currency supported by EXBASE (collectively, “Advanced Protocols”). Do not use your EXBASE Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. The EXBASE platform is not configured to detect and/or secure Advanced Protocol transactions and EXBASE assumes absolutely no responsibility whatsoever in respect to Advanced Protocols.
3.7 Operation of Digital Currency Protocols. EXBASE does not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the EXBASE platform, you acknowledge and agree (i) that EXBASE is not responsible for operation of the underlying protocols and that EXBASE makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Currency you store in the EXBASE platform. In the event of a fork, you agree that EXBASE may temporarily suspend EXBASE operations (with or without advance notice to you) and that EXBASE may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that EXBASE assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.
4. CONVERSION SERVICES
4.1. In General. Users may buy or sell supported Digital Currency through the Conversion Services. The Conversion Services are subject to the EXBASE "Conversion Rate" for the given transaction. "Conversion Rate" means the price of a given supported Digital Currency amount in terms of Fiat Currency or other Digital Currency as quoted on the EXBASE Site. The Conversion Rate is stated either as a "Buy Price" or as a "Sell Price," which is the price in terms of Fiat Currency or Digital Currency at which you may buy or sell supported Digital Currency to EXBASE. You acknowledge that the Buy Price Conversion Rate may not be the same as the Sell Price Conversion Rate at any given time, and that EXBASE may add a margin or “spread” to the quoted Conversion Rate. You agree, as a condition of using any EXBASE Conversion Services, to accept the Conversion Rate as the sole conversion metric. EXBASE reserves the right to delay any Conversion Service transaction if it perceives a risk of fraud or illegal activity. EXBASE does not guarantee the availability of its Conversion Service, and the act of purchasing supported Digital Currency from EXBASE does not result in a guarantee that you may sell your supported Digital Currency to EXBASE.
4.2. Purchase Transactions. You may purchase supported Digital Currency by using available at EXBASE payment methods. You authorize EXBASE to initiate debits from your selected payment method(s) in settlement of purchase transactions. A Conversion Fee (defined below) applies to all purchase transactions. Although EXBASE will attempt to deliver supported Digital Currency to you as promptly as possible, funds may be debited from your selected payment method before Digital Currency is delivered to your EXBASE Account. We will make best efforts to fulfill all transactions, but in the rare circumstance where EXBASE cannot fulfill your purchase order, we will notify you and seek your approval to fulfill the purchase order as soon as it may be fulfilled.
4.3. Sale Transactions You may sell supported Digital Currency using available at EXBASE payment methods. You authorize EXBASE to debit your EXBASE Account(s) and initiate payments to your selected payment method(s) in settlement of sell transactions. An applicable Conversion Fee (defined below) applies to all sale transactions. Your receipt of funds will depend on the payment type, and may take up to three or more business days.
4.4. Conversion Fees. Each Conversion Service transaction is subject to a fee (a "Conversion Fee"). The applicable Conversion Fee is displayed to you on the EXBASE Site prior to you completing a Conversion Service transaction. EXBASE will not process a conversion transaction if the Conversion Fee and any other associated fees, such as wire transfer fees, would exceed the value of your transaction. The availability of each Payment Method depends on a number of factors, including but not limited to your location, the identification information you have provided to us, and limitations imposed by third party payment processors.
EXBASE reserves the right to adjust its Conversion Fees at any time. We will always notify you of the Conversion Fee which applies to your transaction, both at the time of the transaction and in each receipt we issue to you.
4.5. Reversals; Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorize EXBASE, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including EXBASE balances or other linked accounts, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider. EXBASE reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of Digital Currency in its sole discretion, even after funds have been debited from your account(s), if EXBASE suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if EXBASE reasonably suspects that the transaction is erroneous; or if EXBASE suspects the transaction relates to Prohibited Use as set forth below. In such instances, EXBASE 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 on the same terms as the cancelled transaction.
5. GENERAL USE, PROHIBITED USE, AND TERMINATION
5.1. Limited License. We grant you a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the EXBASE Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by EXBASE from time to time. Any other use of the EXBASE Site or Content is expressly prohibited and all other right, title, and interest in the EXBASE Site or Content is exclusively the property of EXBASE and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. "EXBASE", "EXBASE" and all logos related to the EXBASE Services or displayed on the EXBASE Site are either trademarks or registered marks of EXBASE or its licensors. You may not copy, imitate or use them without EXBASE's prior written consent.
5.2. Website Accuracy. Although we intend to provide accurate and timely information on the EXBASE Site, the EXBASE Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the EXBASE Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the EXBASE Site.
5.3. Third-Party Applications. If, to the extent permitted by EXBASE from time to time, you grant express permission to a third party to access or connect to your EXBASE Account, either through the third party's product or service or through the EXBASE Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your EXBASE Account. Further, you acknowledge and agree that you will not hold EXBASE responsible for, and will indemnify EXBASE from, any liability arising out of or related to any act or omission of any third party with access to your EXBASE Account. You may change or remove permissions granted by you to third parties with respect to your EXBASE Account at any time through the Account Settings page on the EXBASE Site.
5.4. Prohibited Use. In connection with your use of the EXBASE Services, and your interactions with other users, and third parties you agree and represent you will not engage in any Prohibited Use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your EXBASE Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use.
5.5. Export Controls & Sanctions. Your use of the EXBASE Services and the EXBASE Site is subject to international export controls and economic sanctions requirements. By sending, receiving, buying, selling or storing Digital Currency through the EXBASE Site or EXBASE Services, you represent and warrant that you will comport with those requirements. Without limiting the foregoing, you may not acquire Digital Currency or use any of the EXBASE Services through the EXBASE Site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to international financial sanctions regime; or (2) you intend to supply any acquired or stored Digital Currency or EXBASE Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to international financial sanctions regime (or a national or resident of one of these countries), or to a person on the international financial sanctions regime list.
5.6. Transactions Limits. The use of all EXBASE Services is subject to a limit on the amount of volume, stated in Fiat Currency terms, you may transact or transfer in a given period (e.g., daily). All limits available on the EXBASE Site. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. EXBASE reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request at EXBASE Support. We may require you to submit additional information about yourself and provide records. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed verification procedure.
5.7. Suspension, Termination, and Cancellation. EXBASE may: (a) suspend, restrict, or terminate your access to any or all of the EXBASE Services, and/or (b) deactivate or cancel your EXBASE Account if:
● We are so required by a court order, or binding order of a government authority; or
● We reasonably suspect you of using your EXBASE Account in connection with a Prohibited Use; or
● You take any action that EXBASE deems as circumventing EXBASE's controls, including, but not limited to, opening multiple EXBASE Accounts or abusing promotions which EXBASE may offer from time to time.
● You breach the obligatory conditions of this Agreement.
If EXBASE suspends or closes your account, or terminates your use of EXBASE Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits EXBASE from providing you with such notice. You acknowledge that EXBASE's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to EXBASE risk management and security protocols. You agree that EXBASE is under no obligation to disclose the details of its risk management and security procedures to you.
You will be permitted to transfer Digital Currency or funds associated with your Hosted Digital Currency Wallet(s) for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited under the law.
You may cancel your EXBASE Account at any time by withdrawing all balances and visiting EXBASE. You will not be charged for cancelling your EXBASE Account. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
5.8. Relationship of the Parties. EXBASE is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and EXBASE to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or EXBASE to be treated as the agent of the other.
5.9. Privacy of Others; Marketing. If you receive information about another user through the EXBASE Services, you must keep the information confidential and only use it in connection with the EXBASE Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user's express consent to do so. You may not send unsolicited email to a user through the EXBASE Services.
5.10. Password Security; Contact Information. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the EXBASE Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your EXBASE Account by third-parties and the loss or theft of any Digital Currency and/or funds held in your EXBASE Account and any associated accounts. You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of EXBASE and/ or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your EXBASE Account information has been compromised, contact EXBASE Support immediately.
5.11. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the EXBASE Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
6. CUSTOMER QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION
6.1. Contact EXBASE. If you have any questions, or complaints, contact us via our Customer Support webpage at EXBASE.
When you contact us please provide us with your name, address, and any other information we may need to identify you, your EXBASE Account, and the transaction on which you have questions, or complaints.
6.2. Complaints. In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. A Customer Complaints officer ("Officer") will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided and any information provided by EXBASE. Within four weeks of our receipt of your complaint the Officer will address your complaint by sending you an email ("Resolution Notice") in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. Upon receipt of the Resolution Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Resolution Notice. Failure to respond to a Resolution Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint. If you are late in responding to the Resolution Notice, EXBASE may treat your response as if it has been submitted on time.
6.3. Offers. Any offer made under this Section will only become binding on EXBASE if you accept the offer by following the instructions provided by EXBASE within the stated timeframe. Any offer under this Section will not constitute any admission by EXBASE of any wrongdoing or liability regarding the subject matter of the complaint. Any acceptance of an offer by you will constitute an acceptance that the complaint is resolved and an undertaking that you will not file a claim in any competent court against EXBASE regarding the subject matter of the complaint.
6.4 Claims. This provision only applies to consumers. You agree to use the complaints procedure of this Section before filing any claim in a competent court. Failure to comply with this provision may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.
7. THIRD PARTY CONTENT
7.1. EXBASE Services may make content provided by third parties available to you, including links to third-party websites or resources (hereinafter collectively referred to as "Third-Party Content"). You acknowledge that Third-Party Content is not part of the EXBASE Services;
● EXBASE and its affiliates are not responsible for Third-Party Content including, without limitation, content that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable;
● EXBASE provides the Third-Party Content to you only as a convenience. You further acknowledge sole responsibility for and assume all risk arising from your use of and interactions with any Third-Party Content or with any products or services from such third parties. Your use of Third-Party Content may be subject to additional terms or restrictions (hereinafter collectively referred to as "Third-Party Terms").
● You are solely responsible for your compliance with any Third-Party Terms, and failure to comply with such terms may result in termination of your right to access any features or functions of the services that utilize such Third-Party Content. If no Third-Party Terms are specified, you may use Third-Party Content solely in support of your use of the services in accordance with this Agreement. You agree that you will not reproduce, sell, distribute, or otherwise commercially use Third-Party Content.
7.2. Third-Party Platforms. You acknowledge sole responsibility for and assume all risks arising from your use of any third-party platforms, websites, services, add-ons, or products through which you access the services (hereinafter collectively referred to as "Third-Party Platforms"). Third-Party Platforms are not part of the Services. Use of Third-Party Platforms is subject to your agreement with the relevant third-party provider and not this Agreement, and may enable data exchange between the Services and Third-Party Platform. EXBASE does not control and has no liability for Third-Party Platforms, including their security, functionality, operation, availability, or interoperability, or how the Third-Party Platforms or their providers use your Content. If you enable a Third-Party Platform with the service, you authorize us to access and exchange Content with the Third-Party Platform on your behalf.
8. EXBASE GIFT CARDS
8.1. EXBASE Gift Card (hereinafter referred to as the “Gift Card”) is issued by Evelar LLC (a private limited liability company registered in the Republic of Poland, registration number 0001010695, registered at Marynarska str., 21, Warsaw, 02-674, Poland). To redeem a Gift Card, you will need access to the Internet, and you will need to have or create an EXBASE Account.
8.2. Gift Cards are only redeemable against us and only on the EXBASE Website. The Gift Card is not redeemable for other cards, is not reloadable or refundable, cannot be combined with other non-EXBASE Gift Cards.
8.3. Once a Gift Card is purchased, the risk of loss and title for the Gift Card passes to the purchaser. Evelar LLC disclaims all express or implied warranties as to the Gift Card.
8.4. Gift Card may be subject to change in our sole discretion subject to applicable law.
8.5. Fees or expiration dates may apply to this Gift Card.
8.6. Evelar LLC is not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. Evelar LLC will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used. We reserve the right not to redeem the Gift Cards if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful.
8.7. For online assistance with a Gift Card, please contact our support team at EXBASE Website.
8.8. Evelar LLC makes no express or implied warranties or conditions, including warranties or conditions of merchantability or fitness for a particular purpose on the Gift Card. In the event a Gift Card is non-functional, your sole remedy and Evelar LLC’s sole liability will be the replacement of such Gift Card, subject to applicable law. If you live in a jurisdiction which disallows limitations of liability on implied warranties or conditions or disallows the exclusion or limitation of certain damages, then some or all of the disclaimers may not apply to you, and you may have additional rights.
9. GENERAL PROVISIONS
9.1. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from EXBASE. Always log into your EXBASE Account through the EXBASE Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
9.2. Release of EXBASE; Indemnification. If you have a dispute with one or more users of the EXBASE services, you release EXBASE, its affiliates and service providers, and each of their respective officers, directors, agents, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold EXBASE, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
9.3. Limitation of Liability; No Warranty. IN NO EVENT SHALL EXBASE, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY ON DEPOSIT IN YOUR EXBASE ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE EXBASE SITE OR THE EXBASE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF EXBASE HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT EXBASE FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION.
THE EXBASE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXBASE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. EXBASE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE EXBASE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
EXBASE makes no representations about the accuracy or completeness of historical Digital Currency price data available on the Site. EXBASE will make reasonable efforts to ensure that requests for Digital Currency Transactions are processed in a timely manner but EXBASE makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
9.5. Amendments. We may amend or modify this Agreement by posting on the EXBASE Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the EXBASE Services, or suspension or termination of your access to the EXBASE Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website and/or email before the material change becomes effective.
9.6. Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any EXBASE affiliates or subsidiaries, or to any successor in interest of any business associated with the EXBASE Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
9.7. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
9.8. Change of Control. In the event that EXBASE is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
9.9. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, EXBASE Account cancellation, debts owed to EXBASE, general use of the EXBASE Site, disputes with EXBASE, and general provisions, shall survive the termination or expiration of this Agreement.
9.10. Governing Law. This Agreement as well as other legal documents are governed by the valid legislation of Poland.
9.11. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
9.12. English Language Controls. Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
APPENDIX 1: PROHIBITED USE AND CONDITIONAL USE
You may not use your EXBASE Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of EXBASE Services involves a Prohibited Use, or have questions about how these requirements apply to you, please submit a request at EXBASE. By opening a EXBASE Account, you confirm that you will not use your Account to do any of the following:
● Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information; sale of weapons, drugs and drug paraphernalia, tobacco, offering any sexually-related services etc.
● Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the EXBASE Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the EXBASE Site, other EXBASE Accounts, computer systems or networks connected to the EXBASE Site, through password mining or any other means; use EXBASE Account information of another party to access or use the EXBASE Site; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of EXBASE
● Abuse Other Users: Interfere with another individual's or entity's access to or use of any EXBASE Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the EXBASE Site about others, including without limitation email addresses, without proper consent
● Fraud: Activity which operates to defraud EXBASE, EXBASE users, or any other person; provide any false, inaccurate, or misleading information to EXBASE.
● Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance
● Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of EXBASE intellectual property, name, or logo, including use of EXBASE trade or service marks, without express consent from EXBASE or in a manner that otherwise harms EXBASE or the EXBASE brand; any action that implies an untrue endorsement by or affiliation with EXBASE
Express written consent and approval from EXBASE must be obtained prior to using EXBASE Services for the following categories of business and/or use ("Conditional Uses"). Consent may be requested by contacting us at EXBASE. EXBASE may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use EXBASE Services in connection with any of following businesses, activities, or practices:
● Money Services: Money transmitters, Digital Currency transmitters; Digital Currency exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the EXBASE Services or otherwise resell any of the EXBASE Services
● Charities: Acceptance of donations for nonprofit enterprise
● Games of Skill: Games which are not defined as gambling under this Agreement or by law, but which require an entry fee and award a prize
● Religious/Spiritual Organizations: Operation of a for-profit religious or spiritual organization
APPENDIX 2: VERIFICATION PROCEDURES AND LIMITS
EXBASE uses multi-level systems and procedures to collect and verify information about you in order to protect EXBASE and the community from fraudulent users, and to keep appropriate records of EXBASE's customers. Your access to one or more EXBASE Services, and limits including daily or weekly Conversion limits, and limits on transactions from a linked payment method may be based on the identifying information and/or proof of identity you provide to EXBASE.
EXBASE may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any EXBASE Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your level of identity verification by visiting your account's Limits page. You may submit a request at EXBASE to request larger limits. EXBASE will require you to submit to enhanced due diligence. EXBASE does not guarantee that we will raise your limits.
APPENDIX 3: E-SIGN DISCLOSURE AND CONSENT
This policy describes how EXBASE delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.
Electronic Delivery of Communications
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your EXBASE Account and your use of EXBASE Services. Communications include:
● Account details, history, transaction receipts, confirmations, and any other Account or transaction information;
● Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
● Responses to claims or customer support inquiries filed in connection with your Account.
We will provide these Communications to you by posting them on the EXBASE website, emailing them to you at the primary email address listed in your EXBASE profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
You may withdraw your consent to receive Communications electronically by contacting us at EXBASE.
Updating your Information
It is your responsibility to provide us with a true, accurate and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if EXBASE sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, EXBASE will be deemed to have provided the Communication to you.
You may update your information by logging into your account and visiting settings or by contacting our support team at EXBASE.
Last update: 07.02.2024