Terms of Service

Last modified on October 18th, 2018

Please read the Terms of Service Agreement (“Agreement”) carefully, as it constitutes the agreement and understanding with respect to the use of any or all of the Services and any manner of accessing them, between Skyrun Technology Corp. (“Coincurve”, “Us”, “Our” or “We”) and the person, persons, or entity (“You” or “Your”). The terms of this Agreement apply to any access and use of our website, mobile app, platform and applications (collectively, the “Coincurve Site”), and any of our products, software and services offered through the Coincurve Site or otherwise made available by Coincurve or any of its affiliated or partner companies (collectively, the “Services”)​​.

Coincurve provides the Services solely on the terms and conditions set forth in this Agreement, including any changes, and on the condition that You accept and comply with them. By using the Services, You (a) accept this Agreement and agree that You are legally bound by its terms; and (b) represent and warrant that: (i) You are of legal age to enter into a binding agreement; and (ii) if You are a corporation, governmental organization or other legal entity, You have the right, power and authority to enter into this Agreement on behalf of the corporation, governmental organization or other legal entity and bind them to these terms.

 

1. DEFINITIONS AND INTERPRETATION

1.1  Definitions. As used in this Agreement, the following capitalized terms have the following meanings:

a. Digital Currency/Digital Currencies. A type of currency which exists only in electronic form and is not tangible. Digital currency can be transferred between entities or users with the help of technology like computers, smartphones and the internet. This encompasses, but not limited to, cryptocurrencies, e-money, virtual money, and alt-coins.

b. Wallet Address. An unique identifier of 26-35 alphanumeric characters, that represents a possible destination for a Digital Currency payment. Addresses can be generated at no cost.

1.2  Grammatical Form. The singular includes the plural and vice versa, and another grammatical form of a defined word or expression has a corresponding meaning.

1.3  Headings. Headings are for convenience only and do not affect interpretation.

2. USER ACKNOWLEDGEMENT

By using the Services, You acknowledge and agree that:

2.1 The purchase and sale of any digital currency is inherently risky. Digital Currencies are subject to constant price fluctuations and trading in digital currencies may result in partial or complete loss of funds. In using our Services You agree to assume all risk associated with the purchase, sale, trade or exchange of digital currencies and You will not hold Coincurve liable for the loss of any funds, either fiat or digital, incurred as a result of using our Services;

2.2 Bitcoin and other Digital Currencies are not currently considered legal currency at law;

2.3 The purchase and sale of digital currencies may have tax implications and You are solely responsible for calculating, reporting and remitting any taxes that may be payable and applicable in Your jurisdiction;

2.4 Coincurve is not a bank, credit union, trust, or any other kind of financial institution. It is not a deposit taking institution and does not accept deposits from You, We merely provide a platform through which You can purchase digital currencies.

2.5 Coincurve uses third party rates to determine the digital currency price quote in respect of a transaction. Coincurve does not set the exchange rate or purchase price for the Digital Currencies that can be purchased using our Services. Rates are determined by many factors, including but not limited to market demand/sentiment. You acknowledge that prices for digital currencies fluctuate at any moment, in less than seconds, without any notice. The Digital Currency price quote becomes firm once You create an order, confirm Your phone number to authenticate the order, and then proceed to the checkout page.

​2.6 Once a transaction involving the transfer of Digital Currencies has been completed, it is impossible to reverse it.

2.7 Coincurve is not responsible for providing any support, advice or communication regarding your Digital Currencies once they have been received by You. This includes, but is not limited to, hard forks, mainnet swaps and airdrops.

2.8 If you choose to provide us with a Wallet Address to send your Digital Currency to, it is your sole responsibility to ensure that you have entered a correct and valid Wallet Address. Coincurve is not responsible or liable for any loss of Digital Currency due to you providing us with an incorrect Wallet Address.

2.9 You acknowledge that we will process your transactions through the Platform in accordance with your instructions, and you should carefully verify all instructions before placing any orders for Digital Currency. If there is an error in those instructions, then that is your risk and we do not accept any responsibility or liability.

2.10 Coincurve does not provide securities, investment contracts, or any other document or financial instrument considered at law to be a “security”, and the Services We provide do not constitute trading, purchase, sale or exchange in securities, investment contracts or any other document or financial instrument considered to be a “security” at law.

3. ELIGIBILITY AND AGREEMENT

3.1 Legal Age. You hereby represent and warrant that you (a) are of legal age to enter into this Agreement under applicable law; and (b) have not been previously suspended or removed from using our Services.

3.2 Legal Entity. If you are using our Services on behalf of a legal entity, you further represent and warrant that (a) the legal entity is duly organized and validly existing under the applicable laws of its jurisdiction of organization; and (b) you are authorized on behalf of such legal entity to act on its behalf and to be bound by this Agreement.

3.3 Agreement. By using any of the Services, you agree that you have read, understood and accept and agree to be bound by and comply with all of the terms and conditions contained in this Agreement, as well as our Privacy Policy which is incorporated into this Agreement by reference. If you do not agree to the terms and conditions contained in this Agreement, you must not use our Services.

3.4 Security. You should never access the Services from an unsecured or public computer and/or network. Additionally, there are certain things you cannot do when using the Services, such as engage in illegal, immoral or unethical activities, or do anything that would cause damage to our Services or systems or to our reputation or the reputation of our partners.

3.5 Jurisdiction. Your eligibility to access certain Services may depend on the country in which you reside.

4. AMENDMENT OF USER AGREEMENT

4.1 Amendment. We may make changes to this Agreement at any time without notice by posting updates and/or changes to our website (“Revised Agreement”). It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. The Revised Agreement will be effective as of the time of posting, or such later date as may be specified in the Revised Agreement, and will apply to your use of the Services from that point forward. You agree to review this Agreement regularly. If you do not agree to any amendments to this Agreement, your sole and exclusive remedy is to discontinue using our Services.

5. SERVICE AND FEES

5.1 Basic Service. Coincurve is an online digital brokerage platform established to facilitate a simple, convenient and enjoyable experience for all users to purchase Digital Currencies. All Digital Currencies You purchase are sent directly from Coincurve to a Wallet Address which You provide. We do not store, hold, or manage user’s Digital Currencies in our Services. There is no sign up or account registration to complete when using the Services since information and user data is collected on a per transaction basis.

5.2 Purchase. To purchase Digital Currency using the Services, you must:

5.2.1 Enter amount in fiat you would like to spend or as otherwise set by us (“Spend Amount”); and

5.2.2 Select your chosen Digital Currency; and

5.2.3 Select your payment method as described in Section 6

At this point you will be provided with an estimated rate of how much of your nominated Digital Currency can be bought with the Spend Amount. You acknowledge that this rate:

5.2.4 is not fixed and given the volatile nature of Digital Currencies, may have changed by the time your order was processed for relevant Digital Currency;

5.2.5 will be honoured, provided the transaction is completed within a reasonable amount of time as outlined in Payment Methods.

5.2.6 is inclusive of all fees, including exchange fees, our processing fee, which we are entitled to deduct from the Spend Amount for processing the transactions on our Platform, at the rate set out at coincurve.com/pricing

5.3 Identity Authentication. You will provide Coincurve with accurate, current and complete information about yourself as prompted by the transaction process or as Coincurve may, from time to time, request, and will keep such information updated. You authorize Coincurve to make such inquiries that it considers necessary to validate your identity and you agree that Coincurve may do so using third party service providers. If you fail to comply with any request of Coincurve to provide Coincurve with information regarding your identity as Coincurve deems necessary to comply with its client identification and verification processes, Coincurve may immediately suspend or decline your transaction even if there are pending or unsettled transactions. Notwithstanding Coincurve’s client identification and verification processes, Coincurve cannot and does not guarantee the identity of any user of the Coincurve Site or the Services.

When You purchase Digital Currencies using the Services, You will be required to submit your first name, last name, email address, Wallet Address, mobile number and a voice recording. Before We process each transaction, We will send a text message with a unique pin number to your mobile phone in order to authenticate the transaction. This allows Us to verify that You meet the eligibility requirements set forth above, and You hereby authorize Us to perform such authentications and verifications in order to process your transactions. We will only accept purchases from individuals who have a mobile phone number with a major Canadian cell phone carrier. In the event that a User fails the initial authentication process, Coincurve reserves the right to request proof of identification, including photo ID and/or other evidence in order to authenticate a User.

5.4 Audio Recording. As a required step in the transaction process, You will be required to record an audio clip repeating certain phrases including, but not limited to, your full name, date of the transaction and time of transaction. You hereby agree and acknowledge that Coincurve requires personal information, including audio of Your voice, in order to verify, authenticate and process a transaction. You agree to release and agree to hold harmless Coincurve from and against all damages or liabilities of any kind related to the recording of any audio clips while using the Services.

5.5 Fees. Coincurve charges fees for the Services in accordance with its fee schedule. Coincurve’s fee schedule and all fees for Services (including fees referenced throughout this Agreement) shall be posted for you to view at coincurve.com/pricing. Coincurve may make changes to its fee schedule at any time by updating the fee schedule and changing the “Last Updated” date provided therein and we may notify you of the revised fee schedule by posting it at coincurve.com/pricing or providing you notice by email, and the revised fee schedule will be effective at such time as of the time of posting or emailing or such later date as may be specified, and will apply to your use of the Services from that point forward. Please regularly review our fee schedule, including before you accept this Agreement. If, at any time, you do not wish to accept any fees charged by Coincurve, you may discontinue using our Services.

5.6 Limits. Coincurve imposes certain limits on the transactions You can process at any given time, in order to protect our Users. For more information on the transaction limits, please see our Limits page located at coincurve.com/limits.

5.7 Service Updates. We may, in our sole discretion, make unscheduled deployments of changes, updates or enhancements to the Services at any time. We may add or remove functionalities or features, and may permanently discontinue Services. If, in our sole discretion, we decide to permanently discontinue Services, we will provide you with notice in accordance with this Agreement.

 

6. PAYMENT METHODS

6.1 In General. You may only purchase Digital Currencies using one of the following Coincurve approved methods of payment to make an instant Digital Currency purchase:​

  • ​Flexepin, which is pre-paid voucher purchased from a third party that You can redeem online for instant purchases. For greater certainty, Flexepin vouchers must be redeemed for their full value and no refunds will be provided. For more information about Flexepin, please visit https://www.flexepin.com;

  • Interac e-Transfer, which is a Canadian email-based payment method where You can send funds from your online bank account to Coincurve via email to purchase Digital Currencies. For more information please visit http://interac.ca/en;

6.2 Third-Party Payment Methods. Use of any third-party service for payment processing will require You to agree to any applicable terms of service and privacy policy of such payment processor or provider. Your use of a third-party service is solely between You the third-party service provider. Coincurve is not responsible or liable in any way for any losses, claims, damages, costs, expenses, injuries to person or property, or any other claim arising in connection with your relationship with the third party, or their use of your personal information.

6.3 Flexepin. For instant methods such as Flexepin, the rate quoted to You when purchasing Digital Currency will be honoured for 10 minutes from the time the rate was generated by the Services (at the start of the purchase activity) until You successfully complete the payment.

6.4 Interac e-Transfer. For asynchronous payment methods, such as Interac e-Transfer, the rate quoted to You, when purchasing Digital Currency, will be honoured for 10 minutes from the time the quote is generated by the Services (at the start of the purchase activity) until You are presented with the Interac e-Transfer instructions to complete the payment. At this point, You are advised to complete the Interac e-Transfer within 1 hour. Any payments received outside of the advised time frame window will not have their rate or transaction guaranteed.

6.5 Payment Limitations. Payment methods may change from time to time depending on local jurisdiction availability and any limits that Coincurve may impose on You in its sole discretion. To mitigate fraud and comply with anti-money laundering and anti-terrorist financing and best practices, Coincurve may in its sole discretion, and You hereby authorize Coincurve in its sole discretion, to impose on your current and future purchases in our Services, any such limits as Coincurve may determine or to place a hold on your ability to purchase Digital Currencies.

7. FULFILLMENT

7.1 Clearing Transaction. You acknowledge and agree that:

  • We will not purchase any Digital Currency on your behalf until we have received the Spend Amount in cleared funds into our nominated bank account;

  • once you have sent payment for the Spend Amount into our bank account, the transaction for the purchase of Digital Currency cannot be cancelled or amended by You; and

  • we will use best endeavours to process your transaction within one business day of us receiving the Spend Amount in cleared funds into our nominated bank account.

7.2 Stopping Fulfillment. We reserve the right to delay, suspend, or refuse to process any transaction at any time, for any reason, in our sole discretion, including, but not limited to:

  • if We have reason to believe You are or may use the Services for any criminal or illegal activities;

  • there are technical reasons that prevent us from completing the transaction; or

  • we receive a request from a law enforcement or government agency to do so.

7.3 Coin Delivery. We will make best efforts to fulfill all transactions, but in the rare circumstance where Coincurve cannot fulfill your purchase order to acquire Digital Currencies, we may notify you and seek your approval to fulfill the purchase order at the contemporaneous buy price rate. We securely store our Digital Currencies in a combination of online and offline storage. From time to time, we may need to retrieve information that is offline. As a result, this can delay initiation or fulfillment for several days. We cannot always guarantee that a requested transaction will not be delayed and you agree that we are not responsible for any issues with respect to such delays.

In certain situations, receipt of Digital Currencies may be delayed due to downtime or congestion of, or disruptions to a Digital Currency network. You consent to Coincurve validating any Digital Currency purchase and you agree to cooperate with Coincurve and provide any information necessary if Coincurve identifies suspicious activity associated with Your transaction.

7.4 Accurate Information. You should verify the recipient’s Wallet Address and all other transaction information and instructions before submitting a Digital Currency purchase. If you complete a purchase using the Services, you authorize Coincurve to submit your transaction request to the Blockchain in accordance with the instructions you provide through the Services. Coincurve shall not be liable for any error made by You in inputting the recipient’s Wallet Address or other transaction information. It is important to note that you cannot cancel a Digital Currency transfer once the Digital Currency has been initiated on the Blockchain.

8. REVERSALS

8.1 Reversals; Cancellations; Refunds for Digital Currency Purchases.  You or Coincurve cannot cancel, reverse, or change any Digital Currency transaction, and therefore you cannot obtain a refund for any transaction for purchase or sale of Digital Currencies using our Services. All transactions using our Services are final, and non-refundable. Please review our Refund Policy at coincurve.com/refund-policy, the terms of which are incorporated into this Agreement by reference.

8.2 Refuse and Reverse Certain Transactions.  Coincurve reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of Digital Currencies in its sole discretion, even after payment has been processed, if Coincurve 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 Coincurve reasonably suspects that the transaction is erroneous; or if Coincurve suspects the transaction relates to any use prohibited by this Agreement. In such instances, Coincurve will reverse the transaction and is under no obligation to allow you to reinstate a purchase or sale order for Digital Currencies at the same price or on the same terms as the cancelled transaction.

9. USER INFORMATION

9.1 Content. All information, data, text, software, messages or other materials, whether publicly posted or privately transmitted to the Services by You (“User Content”), is the sole responsibility of You. This means that You, and not Coincurve, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Coincurve does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Coincurve be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any User Content posted, emailed, transmitted or otherwise made available via the Service.

9.2 Restriction on User Content. Coincurve reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content. We also reserve the right to access, read, preserve, and disclose any information as We reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise Wallet Address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of our users and the public.

10. SUSPENSIONS & TERMINATIONS

We may, in our sole and absolute discretion, without liability of any kind to you or any third party, refuse your ability to use one or more of the Services without prior notice. For example, we may take such actions as a result of your failure to respond to customer support requests, your failure to provide information regarding your identity or if you are in violation of any of the terms and conditions of this Agreement. Coincurve will use reasonable efforts to expeditiously investigate a transaction that is subject to any suspension. You acknowledge and agree that Coincurve is under no obligation to disclose the details of its risk management or security procedures to you in connection with any suspension or ban for any other reason. If you have a purchase which is in process, this transaction will be immediately cancelled. We reserve the right to require you to provide further identifying information before processing any fiat return requests and to delay or prohibit such return if we believe fraudulent or illegal activity has occurred. This Agreement will remain enforceable against you while your access to one or more the Services is suspended and after it is terminated.

11. TAXES

It is your sole responsibility to determine what, if any, taxes apply to any transactions you make or receive, and it is your responsibility to collect, report and remit any taxes to the appropriate tax authority. Coincurve is not responsible for determining whether any taxes apply to your transactions, or for collecting, reporting or remitting any taxes arising from any transactions.

12. PRIVACY

12.1 Privacy Policy. Please review our Privacy Policy at coincurve.com/privacy-policy, the terms of which are incorporated into this Agreement by reference.

12.2 Inherent Risks. While we endeavour to take all reasonable steps to protect your personal information, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing over the Internet.

12.3 Privacy of Others. If you receive information about another Coincurve user through our Services, you must keep the information confidential and only use it in connection with our Services. You may not disclose or distribute another Coincurve user’s information to a third party or use the information except as reasonably necessary to effect a transaction and other functions reasonably incidental thereto, unless you receive such other Coincurve user’s express consent to do so. You may not send unsolicited email to a user through our Services.

13. INTELLECTUAL PROPERTY RIGHTS

Coincurve retains all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Services, including our trademarks, designs, logos, URLs and trade names that are displayed on the Coincurve Site, which we refer to in this Agreement collectively as the “Coincurve Materials”. Coincurve hereby grants you a limited, non-transferable, non-sublicensable and non-exclusive license to access and use the Coincurve Materials and to use our Services solely for the intended purposes as determined by Coincurve from time to time. Any other use of the Coincurve Services is expressly prohibited and you agree that this Agreement does not grant you any rights in or licenses to the Services, except for this express, limited license. Except as expressly authorized by Coincurve, you agree that you will not copy, transmit, distribute, sell, license, reverse engineer, create a derivative work of, modify, publish or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the content or any part of the Services, in whole or in part. The license granted hereby will automatically terminate if we suspend or terminate your access to the Services.

14. RISKS, LIMITATION ON LIABILITY AND INDEMNITY

14.1 General Risk Assumption​. You acknowledge and agree that Coincurve will not be responsible for any losses arising from communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused. Coincurve assumes no responsibility for any losses relating directly or indirectly to any action or inaction you take in connection with the Services and you agree that you assume all risks associated with using the Services.​​

14.2 Digital Currency Risk Assumption​. Coincurve has no control over, and makes no representations regarding the value of any Digital Currency. You acknowledge and agree that the value of Digital Currencies in not within the control of Coincurve, can change rapidly, increase or decrease unexpectedly, and potentially even fall to zero. You acknowledge that participation in these networks involves a high risk. The Digital Currency network is operated by a decentralized network of independent third parties. You acknowledge and agree that Coincurve has no control over the Digital Currency network and therefore cannot and does not ensure that any transaction you submit using the Services whereby you purchase Digital Currency. Once you have submitted a Digital Currency transaction request to the Blockchain using the Services, the Blockchain will automatically complete or reject the request and you will not be able to cancel or otherwise modify your transaction request. You acknowledge and agree that there are risks associated with using an Internet-based Digital Currency service, including but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction and the risk that third parties may obtain unauthorized access to information used during a transaction.​​

14.3 No Warranty​. COINCURVE PROVIDES NO GUARANTEE AS TO THE PERFORMANCE OR THE UNINTERRUPTED AVAILABILITY OF THE COINCURVE SITE OR THE SERVICES. THE COINCURVE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COINCURVE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COINCURVE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE COINCURVE SITE, ANY PART OF THE SERVICES, OR ANY OF THE CONTENT CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, COMPLETE OR ERROR-FREE. This provision shall survive the termination of this Agreement.​​

14.4 No Advice​. Coincurve is not acting and cannot act as an advisor, including as to any financial, legal, investment, insurance or tax matters. Any information provided by Coincurve is for general information only. You are solely responsible for determining whether any contemplated transaction is appropriate for you.​​

14.5 Limitation of Liability. IN NO EVENT WILL COINCURVE TO DO THIS REAL TIME, ITS PARENT, AFFILIATES AND SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES, OR ANY OTHER LOSSES OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF DATA OR THIRD PARTY CLAIMS, REGARDLESS OF THE CAUSE OF ACTION AND INCLUDING WITHOUT LIMITATION CLAIMS FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OF COINCURVE OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE COINCURVE SITE, THE COINCURVE MATERIALS OR THE SERVICES, WHETHER OR NOT COINCURVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ,INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM COINCURVE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, HUMAN ERROR, COMMUNICATIONS FAILURE, THEFT, HACKING, CYBER ATTACK, CORRUPTED FILES, MISTYPED DIGITAL CURRENCY WALLET ADDRESSES, DESTRUCTION OR UNAUTHORIZED ACCESS TO COINCURVE’S RECORDS, PROGRAMS OR THE COINCURVE SITE OR THE NEGLIGENCE OF COINCURVE OR ITS AGENTS OR EMPLOYEES. This provision shall survive the termination of this Agreement.​​

14.6 Indemnification​. To the fullest extent allowed by applicable law, you agree to indemnify, defend and hold Coincurve and its parent, affiliates, and subsidiaries, and each of their respective directors, officers, employees, agents, consultants, partners, and licensors, harmless against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable legal and other professional fees and any losses, fines, fees, or penalties imposed by any regulatory authority) arising from or in any way related to your use of the Services, your violation of this Agreement, or your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle such action or proceeding. This provision shall survive the termination of this Agreement.​​

14.7 Modifications on the Site. Coincurve reserves the right to modify or discontinue, temporarily or permanently, the Coincurve site or any features or portions thereof without prior notices. You agree that Coincurve will not be liable for any modification, suspension or discontinuance of the Coincurve site or any part thereof.​​

14.8 Accuracy​. Although we intend to provide accurate and timely information, the Coincurve site and any content therein 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 the Services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Coincurve 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 Coincurve site.​​

14.9 Computer Virus​. Without limiting anything contained in this Agreement, Coincurve 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 Coincurve. Always log into your Account to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice. This provision shall survive the termination of this Agreement.​​

14.10 Third-Party Applications​. If you grant permission to a third party to connect to you via our Services, either through such third party’s product or through the Services, 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 acknowledge and agree that you will not hold Coincurve responsible for, and will indemnify Coincurve from, any liability arising from the actions or omissions of any third party in connection with the permissions you grant.

15. GENERAL PROVISIONS

15.1 Disputes. If a dispute arises between you and Coincurve:

  1. Contact us First. You agree to contact Coincurve before taking any further action. Our goal is to learn about and Wallet Address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly.

  2. Good Faith Attempts to Resolve. You and Coincurve each agree to make reasonable good faith efforts to settle any dispute, claim or controversy arising out of or relating to this Agreement by discussion and negotiation.

15.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein (without regard to the conflicts of laws rules of the Province of British Columbia). Subject to the dispute resolution provisions of this Agreement in section 15.1, each of the parties hereby attorns to the non-exclusive jurisdiction of the courts in the Province of British Columbia, Canada and agrees that any action related to this Agreement must be brought in a court in the Province of British Columbia, Canada and waives any objection it has or may have in the future with respect to any of the foregoing.

15.3 No Waiver. Coincurve’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of that right or provision.

15.4 Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid or unenforceable, you and Coincurve agree that the court or arbitrator should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. If the court or arbitrator cannot do so, then the parties agree that the court or arbitrator should strike the invalid or unenforceable provisions, and that the remaining provisions be given their full force and effect.

15.5 Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including without limitation, indemnities and limitations of liability, shall survive the termination or expiration of this Agreement.

15.6 Relationship of the Parties. Coincurve is an independent contractor, and this Agreement does not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Coincurve. You acknowledge that Coincurve is not a bank or a trust company service. By using the Services, you appoint Coincurve as your agent to facilitate all transactions using the Services.

15.7 Assignment. You may not assign any rights or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any Coincurve affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation of this section shall be null and void. Subject to this section, this Agreement will be binding upon the parties hereto and their respective heirs, administrators, personal representatives, successors and permitted assigns.

15.8 Headings. The captions and headings used in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement.

15.9 Notices. Any notices to Coincurve shall be sent by email to help@coincurve.com. Coincurve may provide notices to you in such manner as it determines in its sole discretion.