THESE TERMS CREATE A BINDING CONTRACT BETWEEN YOU AND SELIMOR INVESTMENTS LIMITED. BY USING OUR SERVICES (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS.
IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT AND ARE NOT AUTHORIZED TO USE ANY OF OUR SERVICES.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE FOR USERS IN THE UNITED STATES AND CANADA, WHICH PROVISION IS CONTAINED BELOW UNDER THE HEADING "DISPUTE RESOLUTION". IF YOU ARE LOCATED IN THE UNITED STATES OR CANADA, YOU AGREE THAT DISPUTES BETWEEN YOU AND SQUADS (DEFINED BELOW) WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING.
Our services primarily consist of:
Our Services do not consist of:
You may use the Services if you are of the age of majority in your jurisdiction of residence, or older, and are not barred from using the Services under applicable law. By using the Services and agreeing to enter into this Agreement, you represent and warrant that:
We reserve the right, in our sole discretion and for whatever reason, but particularly in case you breach any term of this Agreement, to:
We will only be able to limit access to the Squads Clients. At no time will we be able to access or transfer your funds without your consent.
As a condition to using the Services, you agree not to use Services in ways that:
By using the Services, you further represent, warrant and covenant that:
You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.
You agree to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws ("Export Laws"). Without limiting the foregoing, you may not use the Services if (i) 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 United States embargo, UN Security Council Resolutions, HM Treasury's financial sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial sanctions regime; or (ii) you intend to supply any Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury's financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
THE 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, WE SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE FUNCTIONALITY OF THE SOLANA NETWORK, OR THAT SOLANA NETWORK WILL OPERATE FREE FROM INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS THAT MAY DELAY, HINDER OR PREVENT THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO OR ON THE SOLANA NETWORK, OR ANY OTHER NETWORK.
THE DURATION OF ANY IMPLIED WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO THE LONGER OF (I) THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE THE APPLICABLE SERVICE AND (II) THE SHORTEST PERIOD ALLOWED UNDER APPLICABLE LAW. SOME STATES / JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WE SHALL NOT BE LIABLE FOR THE FAILURE OF ANY MESSAGE TO SEND TO OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF SOLANA OR ANY OTHER DIGITAL TOKEN OR DIGITAL ASSET ON THE SOLANA NETWORK OR ANY OTHER NETWORK, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAME.
WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE OUT OF OR IN CONNECTION WITH ANY AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SQUADS HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTIES AND ACCESSED THROUGH THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($USD100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.
This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.
WE SHALL NOT BE RESPONSIBLE TO SECURE YOUR PRIVATE KEYS, SEED WORDS, CREDENTIALS OR OTHER MEANS OF AUTHORIZATION OF YOUR WALLET(S). YOU MUST OWN AND CONTROL ANY WALLET YOU USE IN CONNECTION WITH OUR SERVICES. YOU ARE RESPONSIBLE FOR IMPLEMENTING ALL APPROPRIATE MEASURES FOR SECURING ANY WALLET YOU USE, INCLUDING ANY PRIVATE KEY(S), SEED WORDS, CREDENTIALS OR OTHER MEANS OF AUTHORIZATION NECESSARY TO ACCESS SUCH STORAGE MECHANISM(S). WE EXCLUDE ANY AND ALL LIABILITY FOR ANY SECURITY BREACHES OR OTHER ACTS OR OMISSIONS, WHICH RESULT IN YOUR LOSS OF ACCESS OR CUSTODY OF ANY CRYPTOGRAPHIC ASSETS STORED THEREON.
We may update and change our Services from time to time. We may suspend or withdraw or restrict the availability of all or any part of our Services for business, operational or regulatory reasons or because of a Force Majeure Event at no notice.
A “Force Majeure Event” shall mean any event, circumstance or cause beyond our reasonable control, which prevents, hinders or delays the provision of our Services or makes their provision impossible or onerous, including, without limitation:
We shall not be liable or responsible to you, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in the provision of the Services or the performance of this Agreement, if and to the extent such failure or delay is caused by or results from or is connected to acts beyond our reasonable control, including the occurrence of a Force Majeure Event.
Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will continue to be in full force and effect.
You are solely responsible to determine if your use of the Services have tax implications for you. By using the Services you agree not to hold us liable for any tax liability associated with or arising from the operation of the Services or any other action or transaction related thereto.
We may transfer our rights and obligations under this Agreement to any other party. You shall not be entitled to assign this Agreement to any third party without our express prior written consent.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and its termination.
This Agreement is governed by and construed in accordance with laws of British Virgin Islands.
IF YOU ARE RESIDING IN THE UNITED STATES OF AMERICA (“USA”), THIS CLAUSE 21 REQUIRES YOU TO ARBITRATE ALL DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You and we agree that the Courts of British Virgin Islands shall have exclusive jurisdiction to settle any Dispute that is not subject to arbitration under clause 21 and that any Dispute must be resolved in accordance with BVI law without regard to its conflict of law provisions. You and we further agree that any Dispute is personal to you and us and shall be resolved solely through individual action, and will not be brought as a representative action, group litigation order or any other type of class or collective action proceeding.
Selimor Investments Limited
Market Square Yamraj Building,
P.O. Box 3175, 3rd Floor, Road Town,
Tortola, British Virgin Islands