TERMS AND CONDITIONS

 

LAST UPDATED: [10.27.23]

 

These terms and conditions (“Terms”) govern the use of the Platform (defined below) and the Services (defined below). These Terms also include any guidelines, additional terms, policies, and disclaimers made available or issued by DonutPay from time to time.

 

These Terms constitute a binding and enforceable legal contract between DonutPay and its affiliates and subsidiaries worldwide (“DonutPay”, “we”, “us”) and you, an end user of the Services (“you” or “User”) in relation to the Services.

 

By using the Services, you agree that you have read, understood, and to are bound by these Terms, as amended from time to time, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access or use the Services.

 

1. SERVICES

 

(a) The DonutPay platform (“Platform”) provides multiple offerings namely: Cryptocurrency Services, referred to as (“Services”), the usage of each individual Service whereof is regulated as per their respective terms read with these Terms; which term includes the underlying application, all services available through the Platform, and all free trials and beta services made available by the Platform.

(b) The User may be required to connect their wallet to the Platform to gain access to some of the Services. We are not responsible for any loss or damage that may arise from such integration.

(c) You understand that the Platform Services involve nascent technologies, and the usage of such Services could result in partial or complete loss of funds.

2. ACCESS TO THE SERVICES

 

(a) By using the Services, you represent and warrant that:

(i) you have full legal capacity and authority to agree and bind yourself to these Terms;

(ii) you are eighteen years of age or older;

(iii) your use of the Services is (A) not prohibited by applicable law, and (B) at all times compliant with applicable law; and

(iv) are solely responsible for use of the Services and, if applicable, for all activities that occur on or through your User account.

(b) You should take steps to ensure the confidentiality of your personal information and restrict access to the devices you use to access the Platform.

3. YOUR RESPONSIBILITIES

 

(a) You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:

(i) infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of DonutPay;

(ii) use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;

(iii) use any robot, spider, other automated device, or manual process to monitor or copy the Services or any portion thereof other than copying or exporting as permitted by the Terms;

(iv) make any back-up or archival copies of the Platform or any part thereof, including disassembling or de-compilation of the Platform;

(v) use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms; or

(vi) violate applicable laws in any manner.

(b) You warrant that you are aware of applicable laws and regulations governing your use of the Services. You shall be solely responsible for ensuring compliance with the various applicable laws, and you shall be solely liable for any liability that may arise due to a breach of your obligations in this regard.

(c) YOU AGREE TO FAMILIARIZE YOURSELF WITH THE PLATFORM, THE SERVICES, AND ITS INTENDED USAGE. YOU AGREE TO FOLLOW ALL THE REQUISITE STEPS INVOLVED IN USING THE PLATFORM AS INTENDED. WE WILL NOT BE LIABLE FOR ANY WRONGFUL USE OF THE PLATFORM DUE TO USER ERROR.

(d) You shall extend all cooperation, at your cost, to DonutPay in its defense of any proceedings that may be initiated against it due to a breach of your obligations or covenants under these Terms.

4. DonutPay’s INTELLECTUAL PROPERTY

 

(a) All rights, title, and interest in and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to DonutPay. Subject to your compliance with these Terms, DonutPay grants you a non-exclusive, non-sub licensable, and limited license to (i) use the Services in the permitted hereunder.

 

(b) Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to DonutPay’s or any third party’s intellectual rights.

 

(c) You may provide suggestions and other feedback, including bug reports, in relation to the Services from time to time (“Feedback”). DonutPay may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.

 

5. THIRD PARTY SERVICES

 

(a) The Services may include services, content, and information owned, made available, or otherwise licensed by a third party (“Third Party Services”) or contain links to Third Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that the use of such Third Party Services is solely at your own risk.

 

(b) DonutPay makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including its accuracy or completeness.

 

(c) All intellectual property rights in and to Third Party Services are the property of the respective third parties.

 

6. INDEMNITY

 

You agree to indemnify and hold harmless DonutPay, its affiliates, subsidiaries, licensors, and their respective directors, officers, members, managers, employees, contractors, and agents from and against any and all claims and expenses arising out of your use of the Services, a breach of any provision of these Terms by you or any person using the Services on your behalf, a breach by you of any applicable laws, or any third-party claim to the extent arising from or connected with an allegation that your use of the Services in accordance with these Terms infringes any rights of a third party.

 

7. TERM AND TERMINATION

 

(a) These Terms shall remain in effect unless terminated in accordance with the terms hereunder.

 

(b) DonutPay may terminate, suspend, or modify your access to the Services, or any portion thereof, immediately and at any point, at its sole discretion if it is of the view that you violate or breach any of your obligations, responsibilities, or covenants under these Terms. DonutPay will not be liable to you or to any third party for any termination, suspension, or modification of your access to the Services.

 

(c) Upon termination under Clause 7(b):

 

(d) these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.

 

8. DISCLAIMERS AND WARRANTIES

 

(i) DonutPay shall make all commercially reasonable attempts to facilitate information about the usage of the Services (“Services Information”). However, you understand that DonutPay does not (i) guarantee the accuracy, timeliness, or completeness of such information, (ii) provide any warranties in connection with your use or reliance on such information. You agree that your use of the Services Information at your own risk. DonutPay SHALL NOT BE LIABLE TO YOU IN ANY MANNER FOR THE TERMINATION, INTERRUPTION, DELAY, OR INACCURACY OF ANY SERVICES INFORMATION.

 

(ii) You agree that your use of the Services is at your sole risk. To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. DonutPay does not warrant that the functions contained in the Services will meet your requirements. You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that DonutPay shall have absolutely no liability in this regard.

 

(iii) DonutPay does not warrant or represent that the Services will be compatible with any third party hardware or software, unless explicitly indicated. It shall be your responsibility to ensure compatibility of the Services prior to use. Additionally, DonutPay shall not be held responsible for any actual, incidental or consequential damages that may result from any use or inability to use any third-party peripherals with the Services.

 

(iv) The Application may contain links to third party web sites or services that are not owned or controlled by DonutPay. DonutPay has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such websites. You further acknowledge and agree that DonutPay shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or service.

 

(v) To the fullest extent permissible under applicable law, DonutPay expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.

 

(vi) To the fullest extent permissible by law, DonutPay, its affiliates, and their related parties each disclaim all liability to you for any loss or damage arising out of or due to:

 

(i) your use of, inability to use, or availability or unavailability of the Services, including any third party services made available through the Services;

(ii) the occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorized access to DonutPay’s records, programs, services, server, or other infrastructure relating to the DonutPay;

(iii) the Services being infected with any malicious code or viruses; or

(iv) the failure of the Services to remain operational for any period of time.

9. CONFIDENTIALITY

 

You acknowledge that the Services contain DonutPay’s and its licensors’ trade secrets and confidential information. You agree to hold and maintain the Services in confidence, and not to furnish any other person with a copy of the Services or Platform. You agree to use a reasonable degree of care to protect the confidentiality of the Services. You will not remove or alter any of DonutPay’s or its licensors’ proprietary notices. Your obligations under this Clause continue even after these Terms have expired or been terminated.

 

10. ANTI-MONEY LAUNDERING (“AML”) POLICY

 

(a) DonutPay expressly prohibits and rejects the use of the Service for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions’ laws, regulations and norms. By using the Service, you represent that you are not involved in any such activity.

 

11. FORCE MAJEURE

 

DonutPay shall have no liability to you if it is prevented from or delayed in performing its obligations or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, or direction.

 

12. JURISDICTION AND GOVERNING LAW

 

(a) Subject to the other provisions of this Clause 12, the Parties shall attempt in good faith to mutually resolve any and all disputes, whether of law or fact, and of any nature whatsoever arising from or with respect to this Agreement.

 

(b) All disputes shall be resolved by arbitration in California, USA in accordance with the procedural aspects of California Arbitration law for the time being in force and rules thereunder, which are deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (One) arbitrator mutually appointed by the Parties.

 

(c) The award rendered by such arbitrator shall be final and binding on the Parties.

 

13. MISCELLANEOUS PROVISIONS

 

(a) Modification: DonutPay reserves the right at any time to modify these Terms and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event, you refuse to accept such changes, these Terms and license will terminate.

 

(b) Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).

 

(c) Notices: All notices, requests, demands, and determinations for DonutPay under these Terms (other than routine operational communications) shall be sent to info@donutpay.io

 

(d) Third Party Rights: No third party shall have any rights to enforce any terms contained herein.