Botsfolio

TERMS OF USE OF SERVICES

These Terms of Use and any terms expressly incorporated herein (“Terms”) applies to any person (natural person or otherwise) (“User/ You”) accessing or using, any services made available by Botsfolio (“Product of KribX Inc.Us/Our/We”) on this website (“Site”), and to any other related services provided by Us (collectively, the “Services”). By accessing or using or attempting to access or use any Services in any manner whatsoever, You agree to be bound by these Terms. You may also be subject to such additional terms and conditions while using certain features of the Services, as may be applicable to such features.

The Privacy Policy and any other policies communicated by Us shall be applicable to Your use of the Services and shall be deemed incorporated herein by reference.

The Services We offer include providing software services to assist and facilitate customers in trading assets, including but not limited to cryptographic tokens and currencies, equities and assets in foreign exchange markets (“Trading Assets”).


 

  1. MODIFICATION OF TERMS
    1. We may, at Our sole discretion, change, modify, add, or remove portions of these Terms and the Services from time to time without any prior written notice to You. We may do this for a variety of reasons including to reflect changes and requirements under the law, new features, or changes in business practices. It is Your responsibility to review these Terms periodically for updates/changes. Your continued use of the Services following the posting of changes will be deemed as Your acceptance of the revisions and that You agree to such amended Terms.


 

  1. LICENSE TO USE OUR SITE
    1. You may, subject to these Terms:
  1. View accessible pages from Our Site in a web browser;
  2. Download accessible pages from Our Site for caching in a web browser; and
  3. Print accessible pages from Our Site.


 

  1. You shall not, unless You own or control the relevant rights in the material:
  1. Republish or redistribute material from Our Site (including republication on another website);
  2. Sell, rent or sub-license material from Our Site;
  3. Show any material from Our Site in public; and
  4. Exploit material from Our Site for a commercial purpose other than through the use of the Services to trade Your Trading Assets in accordance with these Terms.


 

  1. ELIGIBILITY AND RESTRICTION OF THIRD-PARTY USE
    1. General Requirements: The Services are intended solely for Users who are 18 (Eighteen) years and above and who satisfy the criteria described in these Terms. You represent and warrant that You: (a) are of legal age to form a binding contract (at least 18 (Eighteen) years old); (b) have not previously been suspended or removed from using our Services;(c) have full power and authority to agree to these Terms; and (d) are not prohibited in the jurisdiction applicable to You from undertaking activities on respect of the Services. You hereby agree to provide up-to-date, complete and accurate information on Your account.


 

  1. Third-Party Use of Account: You will use the Services and Your User Account (as defined below) only for Yourself and not on behalf of, or for the account of, any third party. In case You intend to trade on behalf of another entity or third party, You shall intimate Us separately of such intent. If We have approved Your account for trading on behalf of any other entity or third party through a prior email approval, You will use the Services and Your User Account solely for the use of the specified other entity or third party. If You use any Services on behalf of any other entity or third party, You agree to these Terms on behalf of Yourself and for such other entity or third party, and You represent and warrant that You have the authority to bind the other entity or third party to these Terms and that both You and the other entity or third party will be jointly and severally liable under these Terms for any violation of these Terms or any other act or omission by the other entity or third party or by You. You agree and acknowledge that We shall not be liable for any loss or costs incurred due to breach of this Section 3.2. You hereby agree that You shall not, and shall not permit third parties to:
  1. Enter any non-public/secure areas of the Site, and shall only trade on their behalf with Your User Account (as defined below), if given approval;
  2. Send viruses, junk email, spam, chain letters, unsolicited offers or ads of any kind, and for any purpose;
  3. Investigate, scan or test the Site or any other related system or network or violate any security or authentication;
  4. Use any automated systems of software to withdraw data from the Website;


 

  1. POTENTIAL ISSUES WITH THE SITE
    1. You hereby acknowledge and agree that We shall not be liable for any direct or indirect damage You suffer as a result of the use of the Site or the Services provided thereon including and not limited to:
      1. The proper functioning of hyperlinks provided by the Site;
      2. Any situation where Users mobile device, login details and/or password is stolen and any third party subsequently makes use of the Site or the Services without User’s consent;
      3. Any damage or alteration to User’s equipment including but not limited to computer equipment or a handheld device as a result of the installation or use of the Site or the Services; and
      4. A failure to meet any of Our obligations under these Terms where such failure is due to events beyond Our reasonable control.


 

  1. ACCOUNT
    1. User Account: In order to use any of the Services, You must create and maintain an account through the Services (“User Account”). To create or maintain Your User Account, or enable functions on Your User Account, You will be required to provide Us with certain information and documentation, including, as applicable, the information and documentation associated with identity verification and other screening procedures described in Section 5.3, below. You will: (a) create a unique password; (b) provide complete and accurate information; (c) promptly update any information You have provided so that the information is complete and accurate at all times; (d) maintain the security of Your User Account by protecting Your password from unauthorized access or use; (e) promptly notify Us if You discover or suspect any unauthorized access or use of Your User Account or any security breaches related to Your User Account; and (f) be responsible for all activities that occur under Your User Account, and accept all risks of any authorized or unauthorized access to Your User Account.


 

  1. Enhanced Security: We may offer optional enhanced security features for Your User Account (including, for example, two-factor authentication). We encourage, but may not require, You to use any such enhanced security features. Whether You enable the enhanced security features or not, it is Your responsibility to ensure the security of, and Your continuous control over, any device or account that may be associated with the enhanced security features.

 

  1. Responsibility for Account Activities: You will be bound by, and hereby authorize Us to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, provided or taken by anyone who has accessed or use Your User Account regardless of whether the access is authorized or unauthorized. Upon receipt of written notice from You that the security of Your User Account has been compromised, We will take reasonable steps to protect Your User Account, including, for example, to cease to allow actions initiated using any compromised account passwords, in the event such actions are not already compromised account passwords, in the event such actions are not already completed. We shall, under no circumstance, shall be liable for any loss incurred by You by an unauthorized use of Your User Account.


 

  1. SUBSCRIPTION PAYMENTS
    1. While the creation of a User Account on the Site will provide access of certain basic features to You, You are required to pay a subscription fee to use all of the features included in Our Services, will is offered for a fixed amount payable on a yearly basis (“Yearly Subscription Fee”).


 

  1. You will be granted access to all of the features included in Our Services immediately after the Yearly Subscription Amount has been paid for the first year. The possible methods of payment are displayed on the Site and include for example, credit cards (example, Visa or MasterCard), PayPal, online banking, etc.


 

  1. The price of the subscription will be invoiced automatically at the beginning of every year, and will continue for a year-to-year period, unless You cancel Your subscription before the end of the term already paid for, in which case, the subscription will remain active for the period for which You have already paid the Yearly Subscription Amount. ie, Subscription fee is non refundable


 

  1. You agree to pay Us the Yearly Subscription Fee in accordance with this Section 6, and must contact Us immediately in the event of any dispute and provide the complete details of Your claim. You shall make full payment of the Yearly Subscription Fees regardless of any loss You may incur due to the Order(s) made by You. We may suspend or terminate Your User Account and freeze any pending Orders with immediate effect if You fail to pay the Yearly Subscription Fee at any time.


 

7. PERFORMANCE FEE PAYMENTS

  1. You agree to pay Us the Yearly Performance Fee and must contact Us immediately in the event of any dispute and provide the complete details of Your claim. You shall make full payment of the Yearly Performance Fee on your net profit. We may suspend or terminate Your User Account and freeze any pending Orders with immediate effect if You fail to pay the Yearly Performance Fee at any time.
  2. In event of net loss you will not be charged any Performance fee. Performance fee can only be charged on net profit you generated using our services.




 

  1. DISCLAIMERS IN RELATION TO TRADING


 

  1. Any information provided to You from Botsfolio or an employee of Botsfolio or a user of Botsfolio should not be treated as financial advice and no employee of Botsfolio should be considered a financial advisor. Any communication made by Botsfolio in any form, chat on support channel, email, material on the site should not be treated as financial advice. We are not liable for any losses incurred due to any action taken by You in accordance with any information provided to You from Botsfolio.


 

  1. You hereby acknowledge and agree that nothing made available on the Site, or through the Services provided by Us, shall constitute or is intended to constitute:
  1. A financial promotion, an advertisement for any particular investment or investment business, or an invitation or inducement to engage in investment activity;
  2. Investment advice, including advice on the merits of buying, selling, subscribing for, underwriting or exercising rights in relation to a particular security or investment;
  3. The making of an arrangement for another person to buy, sell, subscribe for or underwrite a security or investment; or
  4. Any financial service or activity regulated or controlled by or pursuant to applicable law.


 

  1. You agree that You are using the Services provided by Us at Your own risk, and Botsfolio, its affiliates, employees, clients and agents will not be liable for any losses you may incur as a result of trading on our platform or using Our Services. The value of shares and investments, and the income derived therefrom can increase or decrease, and You may not receive the amount invested. Past performance is not necessarily a guide to future performance. No copied trader, account, portfolio and/or strategy guarantees the future performance of the User’s account, or any specific level of performance, the success of any investment strategy or the success of the overall management of Botsfolio. Investment strategies are subject to various market, currency, economic, political and business risks.


 

  1. You acknowledge and agree that You have read, understood and accepted the disclaimers listed under this Section 9 as an inherent part of these Terms. To the maximum extent permissible under applicable law, neither Botsfolio not any of its affiliates shall be liable for (a) any loss arising from adhering to Your written or oral instructions; (ii) any loss You may suffer by reason of any decision made or other action taken by an account elected to be copied by the User; or (c) specifically any loss arising from any investment decision made or other action taken or omitted in good faith by any copied account, strategy and/or portfolio.


 

  1. EXCHANGE ORDERS AND TRADES


 

  1. Strategy: You will have access to the software to allocate or use (“Strategy”) upon registration of Your User Account. You hereby agree and acknowledge that any sample Strategies available for Your Use or reference shall not be construed as financial advise, and You shall not own any such sample Strategy created by Us. You hereby warrant that all details and information included in Your Strategies shall be true and accurate. We shall not, under any circumstance whatsoever, be liable for any mistakes, errors or misrepresentations by You or other Users.


 

  1. API Key: We collect an application programming interface key (“API Key”) of other exchanges which hold Your funds from You. By using Our Services, You hereby grant permission to Us to place orders and trade on Your behalf on the exchange using your API Key. We do not guarantee execution via the API Key and do not warrant the protection or security of the API Key. We shall not be liable for any losses incurred by You in the event an API Key is lost, stolen, misused or malfunctions. We only collect an API Key from You for the purpose of placing orders in accordance with Your strategies and instructions. In the event You provide a withdrawal API Key which may cause, upon placing an order, any withdrawal from Your account, We shall not be held liable under any circumstances.


 

  1. Orders; Fees: A “trade” is:
  1. an exchange of Trading Assets between You and another user of the Services based on the Strategy created by You; or
  2. an agreement/contract to enter into an arrangement to trade the Trading Assets with another user of the Services as supported through the Services (“Order”).

An Order is created when You enter instructions to effect a trade using the Services, which will be placed using the API Key you share with Us. When You create an Order to trade Your Trading Assets, You authorize Us to execute a trade for all or a portion of the number of Trading Assets specified in Your Order in accordance with such Order. When you create an Order to trade of any Trading Asset, You must also provide the API Key for such Trading Asset, and authorize Us to block a Margin for the required amount of Trading Asset to support the Order, and execute a trade for all or a portion of the number of contracts specified in Your Order in accordance with such Order.


 

  1. No Broker or Fiduciary Relationship: Botsfolio is not Your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to You in connection with any Trades or other decisions or activities effected by You using the Services. No communication or information provided to You by Us is intended as, or shall be considered or construed as, advice. The sample Strategies provided by Botsfolio for Your reference or Use cannot be construed as financial advise.


 

  1. Order Matching and Trade Execution: Upon submission of an Order by You, Your Order will be included in Our order book for matching with Orders from other users. If all or a portion of Your Order is matched with another user, the Services will execute a trade. Upon execution of a trade, Your User Account will be updated to reflect that the Order has either been closed due to having been fully executed, or updated to reflect any partial fulfilment of the Order. Orders will remain open until fully executed or cancelled in accordance with Section 10.6 below.


 

  1. Cancellations: You may only cancel an Order initiated via the Services if such cancellation occurs before Your Order has been matched with an Order from another user. Once Your Order has been matched with an Order from another user, You may not change, withdraw, or cancel Your authorization in order for Us to complete such Order.


 

  1. Interaction amongst Users

 

  1. We provide You and other users of the Services with the option to interact with each other through messages on the Site.
  2. We endeavour to ensure safe and enjoyable interactions between all users of the Services. However, We do not bear any liability or responsibility for any user interactions. We are not responsible if You intentionally, or otherwise, disclose Your personal information to other users in the free text areas of the Site, email correspondence, or in any publicly accessible forum. You agree to use caution in all interactions with other users, in any manner and through any medium.


 

  1. Unacceptable Use or Conduct:


 

You will not–

 

  1. violate any law, regulation, contract, intellectual property or other third-party right, or commit a tort while using the Services;
  2. use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
  3. use the Services to pay for, support, or otherwise engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other illegal activities;
  4. use any robot, spider, crawler, scraper, or other automated means or interface not provided by Us to access the Services or to extract data;
  5. use or attempt to use another user’s account without authorization;
  6. attempt to circumvent any content filtering techniques We employ, or attempt to access any Service or area of the Services that You are not authorized to access;
  7. introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful material;
  8. develop any third-party applications that interact with our Services without our prior written consent, or unless otherwise agreed;
  9. provide false, inaccurate, or misleading information;
  10. post content or communications that are, in our sole discretion, libellous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
  11. post content containing unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or user content designed to deceive or trick the user of the Service;
  12. post content containing private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; or
  13. encourage or induce any third party to engage in any of the activities prohibited under this Section.



 

  1. SERVICE PERFORMANCE


 

  1. We deny all liability for the timely operation of the Services, where You or a third party is providing the computer equipment upon which the Service is dependent upon for any part of its functionality.


 

  1. By using the Service, You confirm Your understanding that the timely operation of the internet and the World Wide Web is governed by constraints beyond Our control. You accept that We are not liable for any perceived slow operation of, or any server or technical issues in relation to, the Services.


 

  1. By using the Service, You accept that all trade executions pursuant to any of Your Orders to trade the Trading Assets which You have executed are final and irreversible.


 

  1. By using the Service, You accept that We reserve the right to liquidate or close any trades at any time regardless of the profit or loss that You may have incurred while trading on any Position.


 

  1. We do not warrant that the Service will meet Your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected, or that the Service will be available at any particular time or location. You assume full responsibility and risk of loss resulting from Your use of the Service.


 

  1. COMPLIANCE WITH APPLICABLE LAW


 

  1. The Site is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.


 

  1. You are specifically responsible for complying with all applicable laws related to Your trading activities and other use of the Services, including without limitation any reporting obligations and payment of all applicable taxes. You will determine what, if any, taxes apply to the Trades and any other transactions You complete via the Services, and it is Your responsibility to report and remit the correct tax to the appropriate tax authority. We will not be responsible for determining whether taxes apply to Your trades or for collecting, reporting, withholding, or remitting any taxes arising from any trades.



 

  1. CHANGES; SUSPENSION; TERMINATION


 

  1. Suspension or Termination of Services and Account: We may, at Our sole discretion and without liability to You, with or without prior notice and at any time, temporarily suspend or permanently terminate Your access to all or a portion of any Services, suspend Your User Account; and/or edit Your account details.


 

  1. Termination by User: You may also at Your sole discretion terminate Your Account by sending us a written request stating Your intentions to do so. Upon the receipt of Your request, We will provide You with a written notice of 30 (Thirty) days (“Notice Period”) to permanently terminate Your Account.


 

  1. No Liability: We will not be liable for any losses suffered by You resulting from any modification of any Services or from any suspension or termination of Your access to all or a portion of any Services. If and when Services resume, You acknowledge that the valuations and exchange rates of Your Trading Assets may differ significantly from the valuations and rates prior to such event.


 

  1. Effect of Termination: In the event of discontinuation of all Services or other termination of Your right to access all Services: (a) all amounts payable by You to Us or against any matched Order will immediately become due; (b) We may delete or deactivate Your User Account and all related information and files in such account without liability to You, and return the API Keys to You, as applicable; and (c) We may cancel any existing positions and open orders at the time of discontinuation or termination.


 

  1. Survival: The terms of Sections 3.2, 5.4, 8, 10.4, 10.8, 11, 14 through 21 will survive any termination of Your access to the Services.


 

  1. PROPRIETARY RIGHTS


 

  1. Ownership of Services: The Services and all technology, content and other materials used, displayed or provided in connection with the Services including the Site (“Botsfolio Materials”) together with all intellectual property rights in any of the foregoing are, as between You and Us, owned by Us or Our licensors. The Botsfolio Material are protected by copyrights, patent, trademark and other applicable laws.


 

  1. Limitations: You may use the Botsfolio Materials solely as authorized by Us in connection with Your use of the Services for as long We permit You to continue to access the Services. Without limiting the foregoing: You will not (a) resell, lease, lend, share, distribute or otherwise permit any third party to use the Site, Services or Our materials or use the Site, Services or Botsfolio Materials in any service bureau environment; (b) modify or create derivative works of the Site, Services or Our materials, or any portion thereof; (c) frame, display or incorporate the Site, Services or Botsfolio Materials in any website or any other work of authorship; (d) decompile, disassemble, reverse engineer or attempt to discover the source code of the Site, Services or Botsfolio Materials; (e) use the Site, Services or Botsfolio Materials to design, develop or create any competing product or service; or (f) otherwise use the Site, Services or Botsfolio Materials for any commercial or non-commercial purpose other than their intended purposes determined at Our discretion. "Botsfolio”, any product or service names, logos, and other marks used on the Site or Botsfolio Materials, or otherwise in connection with the Services, are trademarks owned by Us or its licensors. You may not copy, imitate or use them without Botsfolio's prior written consent.


 

  1. User License: In accordance with these Terms, You grant to Us a license to use Your API Key(s) and Your Strategies to approach other Users and facilitate the trade pursuant to the Strategies created by You, upon receipt of such request or requirement from You. You hereby expressly warrant that all content created and stored on Your User Account is owned and created solely by You, and You are, thereby, allowed to license such Strategies or content created in Your User Account.


 

  1. THIRD-PARTY CONTENT


 

  1. In using the Services, You may view content provided by third parties (“Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content and shall have no responsibility for Third‑Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, Your business dealings or correspondence with such third parties are solely between You and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and You understand that Your use of Third-Party Content, and Your interactions with third parties, is at Your own risk.


 

  1. DISCLAIMER OF WARRANTIES


 

  1. To the maximum extent permitted under applicable law, the Site, the Services, the materials and any Service provided by or on behalf of Us are provided on an “as is” and “as available” basis and We expressly disclaim, and You waive, any and all other warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, does not represent or warrant that the Site, the Services or Our materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components.


 

  1. INDEMNIFICATION


 

  1. You will defend, indemnify, and hold harmless Botsfolio, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) Your use of, or conduct in connection with, the Services;(b) Your violation of these Terms; or (c) Your violation of any applicable law or the rights of any other person or entity. If You are obligated to indemnify any Indemnified Party, We, at Our discretion, will have the right to control any action or proceeding and to determine whether We wish to settle, and if so, on what terms.


 

  1. LIMITATION OF LIABILITY


 

  1. In no event will the liability of Botsfolio, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of or in connection with Site, the Services, the Botsfolio Materials, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of Us, whether under contract, statute, strict liability or other theory (including, for avoidance of doubt, any negligence by Us) exceed the amount of the fees paid by You to Us under this agreement in the 12 (Twelve)-year period immediately preceding the event giving rise to the claim for liability.


 

  1. BREACH OF TERMS
    1. Without prejudice to Our other rights under these Terms, if You breach any of the Terms in any way, or if We reasonably suspect that You may have breached the Terms in any way, We may:
  1. Send one or more formal warnings to You, if the breach can be remedied or corrected by You;
  2. Temporarily suspend Your access to Our Site and suspend Your User Account;
  3. Permanently prohibit You from accessing Our Site and Our Services;
  4. Block computers using Your IP address or contact any or all of Your internet service providers and request that they block Your access to Our Site; and/or
  5. Commence legal action against You, whether for contractual breach or otherwise.


 

  1. DISPUTE RESOLUTION


 

  1. With the exception only of disputes related to the enforcement or validity of Our intellectual property rights, all disputes, controversies or claims arising out of or relating to these Terms or the Services, will be resolved through confidential binding arbitration held in Singapore, in accordance with the rules of the Singapore International Arbitration Center ("Rules").


 

  1. You agree that any dispute arising out of or related to these Terms or the Services is personal to You and Us and that any dispute will be resolved solely through individual arbitration. The arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.


 

  1. GOVERNING LAW

 

The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced in accordance with the laws of Delaware and the United States of America, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. You agree that We may initiate a proceeding related to the enforcement or validity of Our intellectual property rights in any court having jurisdiction.

 

  1. OTHER TERMS


 

  1. Remedies: If You violate any of these Terms, We may, as We determine reasonably necessary to remedy or mitigate Your violation, delete all or part of such information transmitted by You, suspend or cancel Your User Account, or suspend the transfer of the Trading Assets owned by You without any prior notice to You. We shall in no event be responsible or liable for any damage incurred by the user as a result of an action taken by Us pursuant to this paragraph. Any right or remedy of Botsfolio set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under statute, at law or in equity.


 

  1. Affiliates and Contractors: An “Affiliate” is, with respect to a legal entity, another legal entity that controls, is under common control with, or is controlled by the first legal entity. The Site and any Services may be operated or provided by Us, Our Affiliates or their respective contractors. To the extent that Our Affiliate, or contractor is operating or providing any Services, the Affiliate or contractor’s provision of such Services will be under terms identical to these Terms substituting the Affiliate or contractor’s name wherever Botsfolio’s name occurs in these Terms.


 

  1. Non-waiver: Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.


 

  1. Severability: The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.


 

  1. Force Majeure: We will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that You may incur, due to any circumstance or event beyond Our control, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction.


 

  1. Assignment: You may not assign or transfer any right to use the Services or any of Your rights or obligations under these Terms without prior written consent from Us, including by operation of law or in connection with any change of control. We may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining Your consent or approval.


 

  1. Entire Agreement; Order of Precedence: These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement You may have with Us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.