Fedi, Inc. App - Terms of Service for the Indonesia Bitcoin Conference Pilot Federation

WELCOME TO THE INDONESIA BITCOIN CONFERENCE PILOT FEDERATION (“PILOT FEDERATION”). THIS PILOT FEDERATION IS MANAGED BY INDONESIA BITCOIN CONFERENCE, AND IS PROVIDED TO YOU ON A TRIAL BASIS ONLY. THIS PILOT FEDERATION WILL CONCLUDE ON AND BE INACCESSIBLE AFTER 12 NOVEMBER 2023. BY ACCESSING THIS PILOT FEDERATION YOU UNDERSTAND AND AGREE THAT ANY BITCOIN DEPOSITED WITH THE FEDERATION AND NOT USED ON OR BEFORE 12 NOVEMBER 2023 WILL BE DONATED TO A CHARITABLE CAUSE OR FOUNDATION.

PLEASE NOTE THAT THE SERVICE ALLOWS YOU TO DEPOSIT BITCOIN IN THE AMOUNT EQUIVALENT TO 200,000 SATOSHI (APPROXIMATELY 55 U.S. DOLLARS AS OF 16TH OCTOBER) INTO A SHARED COMMUNITY WALLET (THE “FEDERATION”), WHICH IS ADMINISTERED BY CERTAIN INDIVIDUALS (“GUARDIANS”), WHO HAVE BEEN SELECTED BY INDONESIA BITCOIN CONFERENCE.  AT NO POINT WILL YOU BE ALLOWED TO WITHDRAW ANY PORTION OF THE BITCOIN YOU DEPOSITED INTO THIS FEDERATION. 

These Terms of Service, rules, disclaimers, regulatory information, and any other documents expressly incorporated by reference (these “Terms”), are an agreement entered into by and between Fedi, Inc. (“Fedi,” “we”, “our” or “us”), and any visitors, users, and others who access the Service (“you,” “your,” or “User”). These Terms describe your rights and responsibilities as a User, and govern your access to and use of, the app, online services, including any software, cloud, hardware, and/or other products provided by Fedi, its affiliates, or third-party service providers, including Indonesia Bitcoin Conference (collectively, the “Service”). Fedi has no control over the use of our Service by Users, or how the Federation and/or Services are administered by the Guardians. Further, Fedi does not transfer any funds, digital assets, or other value that substitutes currency to another location or person by any means. 

By accessing or using the Service, you represent that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. We may modify these Terms at any time and at our sole discretion. If we make material changes to the Terms, we will notify you by posting the updated Terms on our website or through other means. Your continued use of the Service after the effective date of any changes to the Terms constitutes your acceptance of the revised Terms. You also acknowledge that you have read and understood how your personal information will be collected, used, and shared, as set forth in our Privacy Policy available at fedi.xyz/privacy-policy (“Privacy Policy”).

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION (THE “ARBITRATION AGREEMENT”) AND CLASS ACTION/JURY TRIAL WAIVER (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS PROVIDED, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.

If you are an individual and you access or use our Service on behalf of a company, Federation, or other entity, such as an event organizer or your employer (together with its affiliates, an “Organization”), then: (a) these Terms are an agreement between us and you and us and that Organization; (b) you represent and warrant that you have the authority to bind that Organization to these Terms (and if you do not have that authority, you may not access or use our Service); (c) your acceptance of these Terms will bind such Organization to these Terms; (d) your individual right to access and use our Service may be suspended or terminated (and ownership and administration of your Service Account (as defined below) may be transferred) if you cease to be associated with, or cease to use an email address associated with or provisioned by, that Organization; (e) we may disclose information regarding you and your use of our Service with such Organization; and (f) the terms “you” and “your”, as used in these Terms, refer to both you and such Organization. If you sign up for our Service using an email address associated with or provisioned by an Organization, or otherwise, then, we may deem you to be accessing and using our Service on behalf of that Organization in our sole discretion.

Acceptable Use.

You agree that you are only authorized to use our Service for your own personal use (or on behalf of a company pursuant to the terms above) and for the following activities:

accessing and using our Service; and

any other purpose which we make known to you in writing.

You must not use our Service for any illegal purpose or activity, including but not limited to any act which causes, or may be likely to cause, physical harm to any person.

Your access and use of our Service are subject to these Terms and any other terms and conditions of use that appear on our Service (including third party terms of use, such as those adopted by social media websites and platforms or included in respect of promotions) and any click and accept end user license terms.

To use our Service, you must be at least eighteen (18) years of age. You represent and warrant that you meet the applicable age requirements and are competent to agree to these Terms. Our Service is not available to any Users we previously removed from our Service. 

Product Testing.

You understand that the Service is provided on a trial basis, and such trial is designated by us as an alpha or beta test period, a developer preview, or an evaluation, or using another similar term (“Product Trial”). You may participate in this Product Trial, subject to these Terms and any additional terms and conditions made available by us. You acknowledge that product features made available to you as part of a Product Trial (“Trial Features”) might contain bugs, errors, or omissions. Trial Features are provided to you for testing purposes only, on an “AS IS” basis, without any warranty, liability, indemnity, or performance obligations. Trial Features are not subject to any service level agreements or support commitments. Trial Features might never be made available for general use or otherwise be provided in a future version of our Service, and we may discontinue Trial Features, or revoke your access to Trial Features, at any time for any or no reason, in our sole discretion, without any liability to you. 

We do not warrant that any part of our Service is or will be completely error free or free of defects. The Service made available on an “alpha” or “beta” basis for testing purposes prior to full release may be withdrawn or removed at any time by us without notice to you. We are not responsible for any loss to property or persons incurred as a result of the use by any person of any parts of our Service which is released on an “alpha” or “beta” basis.

You further understand and agree that regardless of the terminology used, the currency processed during the Product Trial is solely for testing purposes and no actual value is being transferred. You agree that Fedi will have no liability with respect to assumptions or reliance on the fact that the in-world currency used during the Product Trial has real world value. 

Digital Assets Legal Status.

The legal status of cryptographic coins, tokens, and digital assets (“Digital Assets”) is not settled. We do not make any representation as to the legal status of any Digital Assets made available through the Service. It is your responsibility to undertake your own investigations and inquiries in that regard. Digital Assets with certain characteristics may be legally prohibited in some countries or jurisdictions, or be subject to specific restrictions and limitations. It is your responsibility to determine if any limitations concerning specific Digital Assets are restricted in your country or jurisdiction.

By accessing and using the Service, you represent that: (a) you understand the inherent risk associated with use of blockchain-based or cryptographic systems; (b) you have a working knowledge of use and details of Digital Assets; (c) you understand that markets for Digital Assets are highly volatile, due to factors including adoption, speculation, technology, security, and regulation; (d) you understand that transaction cost and speed with respect to cryptographic and blockchain-based systems varies and may increase dramatically at any time; and (e) you understand the risk that Digital Assets may lose some or all value. You acknowledge that Fedi, Inc. is not responsible for any of the foregoing variables or risks, and cannot be held liable for any resulting losses that you experience while accessing or using the Service. Further, you understand and agree to assume full responsibility for all risks of accessing and using our Service.

No Professional Advice.

You acknowledge and agree that we are not licensed financial experts and are not offering or providing any financial advice or financial products or services of any kind. 

All text, images, audio recordings, video recordings, and other information and content, including but not limited to, market or trading information, tools, indicators, and materials (“Content”) hosted or made available on or through our Service is provided:

for general information purposes only; and

without any regard whatsoever to the personal circumstances of any person.

Any User-created Content which is hosted or made available on or through our Service is provided for, and on behalf of, the relevant User who created or supplied such Content. ‍

No Content hosted or made available on or through our Service is (or is intended to constitute) advice (financial or otherwise) regarding any Digital Assets or financial products or securities of any kind, or an offer, solicitation, recommendation, or invitation, to buy, sell or deal in any way with any of those things. ‍

All statements, representations, estimations, projections, or forecasts made in or through our Service by any person (whether relating to the present or the future) are expressions of opinion only, and do not necessarily represent our opinion or have our endorsement. ‍

Unless otherwise expressly stated by us, we, and any other person using our Service (whether as a User, administrator, moderator, or other User type), are not:

professional or qualified advisors (such as lawyers or accountants);

financial advisors or financial service providers;

financial services license holders;

professional or qualified traders, investment managers, or fund managers;

brokers or agents;

securities advisors or practitioners; or

software developers, engineers, coders, or technical experts.

Before acting on, or relying upon, any Content hosted or made available on or through our Service, we strongly recommend that you:

undertake your own investigations and inquiries; and

seek independent legal, accounting, tax, financial, business, technical and other professional advice from an appropriately qualified professional advisor.

Potential Risk.

Digital Assets

Purchasing, holding, or trading (“Trading") in Digital Assets involves considerable risk and may result in you losing all of your money or the value of your Digital Assets. Purchasing, holding and selling Digital Assets involves the use of sophisticated computer hardware and software, the correct use of which requires a significant level of understanding of the underlying technologies and innovations. As such hardware and software is considered in its infancy, using it comes with considerable risks, including but not limited to:

user error;

hardware or software failure or malfunction; and

the risk of cyber-crime, hacking, phishing or fraud.

By using our Service, or any Trading tool, you acknowledge and agree that:

we do not set the price of any Digital Assets which are tradeable using our Services, but seek to locate competitive prices for Digital Assets;

in order to secure those prices, we must hold Digital Assets on other exchanges from time to time;

the prices or rates of exchange for Digital Assets available on our Services may differ significantly from the prices or rates of exchange available on other exchanges or exchange services;

we do not represent, warrant or guarantee that you will generate any kind of financial return of any kind over any time period;

we do not use any Digital Assets allocated to customer trading accounts for on-lending or for payment of any of our business expenses or uses;

we do not warrant or guarantee that any Trading tool is suitable for the purpose for which it is intended, or for any other purpose whatsoever; and

you risk losing all of your money or the value of your Digital Assets, for which you will be solely responsible.

Technological Development

Many Digital Assets remain under development by their promoters, have not been implemented or deployed, and are not in real-world use.

The information published publicly or otherwise made available by the promotors of many Digital Assets is of a technical nature and requires a high level of knowledge and understanding of distributed ledger technology, software development, traditional banking systems, investment scheme regulation, securities regulation, and various other laws and regulations.

The matters, technologies and innovations published publicly or otherwise made available by the promotors of many Digital Assets:

may not have been subject to any evaluation or verification by independent qualified professionals (such as legal, financial, taxation, information technology, or engineering professionals);

may require regulatory or other approvals or consents from governmental and non-governmental bodies and privately held entities to be lawfully used or implemented; and

may be subject to agreements, licensing, and other arrangements with unknown third parties, the terms of which are not publicly disclosed.

Trading

Our Service may include trading tools, indicators, materials, and configurations which you may access and use. The factors, variables and circumstances which are accounted for by the Trading tools are limited to the variables, inputs and specifications of each tool (as applicable).

There are many factors, variables and circumstances which may affect, positively or negatively, the result of any Trading activity, or the use of any Trading tool, including but not limited to:

market conditions and sentiment, including market volatility (price fluctuations) and liquidity (the availability of buyers and sellers in the market);

correct technical implementation of Trading tools (including, but not limited to, mathematically, conceptually, and strategically);

changes in laws and regulations applying to Digital Assets;

other macro-economic factors; and

bad actors, such as market manipulators, insider traders, scams and “rug pulls” or “pump-and-dump” syndicates.

Your Account.

Account Set Up

Your account on our Service (your “Service Account”) gives you access to our Service that we may establish and maintain from time to time. We may maintain different types of Service Accounts for different types of Users. You acknowledge that you do not own your Service Account.

You may never use another User’s Service Account without the User’s permission. When creating your Service Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Service Account, and you must keep your Service Account password(s) strong and secure. You must notify us immediately of any breach of security or unauthorized use of your Service Account. Any individual with administrator-level access to your Service Account can modify your Service Account settings, access and billing information. We will not be liable for any losses caused by any unauthorized use of your Service Account, or for any changes to your Service Account, including your ability to access your Service Account or your Content, made by any individual with administrator-level access to your Service Account.

By providing us with your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other marketing or advertising messages, such as changes to features of our Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by contacting our Service support team at support@fedi.xyz or by clicking the unsubscribe link within each marketing or advertising message. Opting out will not prevent you from receiving Service-related notices.

Verification

We may use, or require you to use, a third-party service provider to verify your identity, in which case, you acknowledge and agree as follows:

the account verification process is subject to the terms of service and other requirements of the third-party service provider;

in order to verify your identity, we, or the third-party service provider, may disclose and securely transmit your personal information to:

government authorities;

credit agencies;

politically exposed person database service providers, or other watchlist service providers; and/or

other third-party data or identity verification service providers.

You consent to us collecting and disclosing your personal information for the above purposes. We may, at any time, require you to undertake further KYC or AML procedures, and provide further information and documents, in order to maintain your Service Account.

Software License

To the extent you receive any software from us in connection with our Service, subject to your compliance with these Terms, we grant to you a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable right and license to use our software solely as reasonably necessary for your use of our Service in accordance with these Terms.

Acknowledgements

When creating your Service Account, you acknowledge and agree that:

you will not provide any false personal information and will keep your personal information accurate and up to date;

you will only create one account;

you will not allow anyone else to access your Service Account;

you will not create a new account if your Service Account is disabled;

we may alter any part of your Service Account if we receive a legitimate complaint, or otherwise form the view (in our sole discretion) that it is inappropriate or offensive; and

we have the right to suspend or terminate your access to our Service, at any time, in our sole discretion, without prior notice to you.

Prohibited Uses

You agree that you will not:

use our Service in any way that could damage our reputation or goodwill;

permit any person to access and use our Service other than in accordance with these Terms;

disable, tamper with or otherwise attempt to circumvent any billing mechanism that applies to the use of our Service by you or any other person;

reproduce, make error corrections to or otherwise modify or adapt our Service or create any derivative works based upon our Service; 

decompile, disassemble or otherwise reverse engineer our Service or permit or facilitate any third party to do so;

attempt to undermine the security or integrity of our computing systems or networks or, where our Services are hosted or operated by a third party, the third party's computing systems and networks;

use, or misuse, our Service in any way which may impair its functionality, or the functionality of any other system used to deliver our Service, or impair the ability of any third party to lawfully use our Service;

attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which our Service is hosted or stored;

transmit, or input into our Service any information, data, files or other material that may damage any other person's computing devices or software, may be offensive, or which is in violation of any law (including material protected by copyright or trade secrets which you do not have the right to use);

attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver or operate our Service, except as is strictly necessary to use either of them for normal operation;

remove or modify any program markings or any notice of proprietary rights, including those of any third party;

use any automated processes or means to access our Service, other than by means of our official application programming interfaces (APIs);

use any software or manual repetition that will or is likely to interfere with our Service; or

acting in any way likely to cause an unreasonable strain to the infrastructure of our Service.

Interaction with Other Users

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS AND SHARING OF INFORMATION WITH OTHER USERS. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. WE EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM YOUR INTERACTIONS WITH OTHER USERS, OR FOR ANY USERS ACTION OR INACTION, INCLUDING RELATING TO USE OF YOUR CONTENT.

Account Termination

You may request deletion of your account at any time prior to 12 November 2023 by contacting us by email at support@fedi.xyz. We reserve the right to suspend your Service Account(s) at any time and for any reason, including but not limited to:

in the event of unexpected market volatility;

in the event of an exchange with whom we hold Digital Assets with as part of our business suspending withdrawals or entering insolvency;

if you breach these Terms, or any other relevant third-party terms and conditions, or we suspect that you have breached them; or

if you engage in any illegal, offensive, defamatory, or obscene conduct or behavior.

Feedback.

You may choose to, or we may invite you to submit, comments, feedback or ideas about our Service, including without limitation about how to improve our Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Fedi under any fiduciary or other obligation, we will own such Feedback, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

User Contributions.

The Service may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow Service users to post, submit, publish, display or transmit to other Users or other persons content or materials (collectively, “User Contributions”) on or through the Service. All User Contributions must comply with these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a worldwide and irrevocable right and license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and

All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Fedi, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the Service.

Content Standards.

These content standards (“Content Standards”) apply to any and all User Contributions and use of the Service. User Contributions must in their entirety comply with all applicable U.S. federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;

Be likely to deceive any person;

Promote any illegal activity, or advocate, promote or assist any unlawful act;

Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;

Impersonate any person, or misrepresent your identity or affiliation with any person or organization; 

Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or

Give the impression that they emanate from or are endorsed by us or any other person or entity.

DMCA Notice.

We respect content owner rights, and it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our Service, please notify our copyright agent as set forth below. For your complaint to be valid under the DMCA, you must provide all of the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

Identification of the copyrighted work that you claim has been infringed;

Identification of the material that is claimed to be infringing and where it is located on our Service;

Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to our DMCA Agent using the following contact information:

Attention: Fedi, Inc.

2028 East Ben White Boulevard

Suite 240, PMB 2112

Austin, Texas 78741

Email address: info@fedi.xyz

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Fedi and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Fedi’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

Please note that the preceding requirements do not constitute legal advice. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. We may also at our sole discretion limit access to our Service and/or terminate Service Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Availability of the Services.

We will use our best endeavors to ensure that our Service is accessible on a continuous basis, 24 hours a day, seven days a week. However, we may, without notice, suspend all or part of any access to our Service, including to make transfers or withdrawals, immediately, including where:

there is a malfunction or breakdown of any of our equipment or if we are required to undertake the repair, maintenance or service of any part of our Service;

it is reasonably required to reduce or prevent fraud or interference with our Service;

we are required to comply with an order, instruction or request of a government authority, or other such competent body; or

there has been any suspension of trading or withdrawals with an exchange that we store Digital Assets with; or

we are otherwise prevented from making our Services available by circumstances outside our reasonable control.

You acknowledge and agree that access to our Service is reliant upon various factors outside our control, including, without limitation, you meeting the minimum technical requirements of our Service, your Internet service provider or telecommunications provider, the speed and bandwidth of your Internet connection, the equipment or devices which you use to access and use our Service, our hosting and web server (to the extent that we engage third party contractors) and other factors which may impact upon the delivery of our Service to you via the Internet.

While we will use all reasonable endeavors to ensure that you have continuous access to our Service, we will not be liable to you or any other person for any loss to property or persons caused by such factors. We reserve the right to restrict or remove access to our Service for the purpose of undertaking maintenance and updating of our Service.

Intellectual Property.

You acknowledge and agree that we or our affiliates own all rights, title and interest, including intellectual property rights and moral rights (“IP Rights”) in our Service, and any Content hosted or made available on or through our Service (including content produced or provided by other Users), and that nothing in these Terms has the effect of, or should be construed as having the effect of, passing ownership of any such IP Rights, or those of any third party, to you or any other person whatsoever.

You further acknowledge and agree that we at all times retain ownership of all IP Rights created by or for us (whether or not related to our Service and whether created before or after the commencement of our agreement with you under these Terms) and, to the extent that any such IP Rights vest in you (by operation of law or otherwise), you hereby irrevocably assign, transfer and dispose of all such IP Rights to us with effect immediately upon such rights arising or vesting in you (as the case may be). To the extent that such assignment, transfer or disposal is not possible under the law, you irrevocably grant us a royalty-free, perpetual, worldwide license to use, reproduce, modify, redevelop, sublicense, exploit and commercialize all such IP Rights as we see fit.

You must not knowingly do any act or thing in relation to data which would infringe any third party’s IP Rights. You are solely responsible for obtaining any consent, approval, authority or license from the holders of any IP Rights required to enable you to deal with any relevant data or to do any act or thing in relation to those IP Rights.

The Fedi name, the terms Fedimint and Fedi App, the Fedi logos and all other related names, logos, product and service names, designs and slogans are trademarks of Fedi or its affiliates or licensors. You must not use such marks without the prior written permission of Fedi. All other names, logos, product and service names, designs and slogans on the Service are the trademarks of their respective owners.

Third-Party Links.

OUR SERVICE MAY CONTAIN LINKS TO THIRD-PARTY SITES, MATERIALS AND SERVICES (“THIRD-PARTY SERVICES”) THAT ARE NOT OWNED OR CONTROLLED BY US, AND CERTAIN FUNCTIONALITY OF OUR SERVICE MAY REQUIRE YOUR USE OF THIRD-PARTY SERVICES. IF YOU USE A THIRD-PARTY SERVICE, YOU ARE SUBJECT TO AND AGREE TO THE THIRD PARTY’S TERMS AND CONDITIONS AND PRIVACY POLICY MADE AVAILABLE ON OR AGREED IN CONNECTION WITH THEIR SERVICES. WE DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD-PARTY SERVICES. IF YOU ACCESS A THIRD-PARTY SERVICE FROM OUR SERVICE OR SHARE YOUR CONTENT ON OR THROUGH ANY THIRD-PARTY SERVICE, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THESE TERMS AND OUR PRIVACY POLICY DO NOT APPLY TO YOUR USE OF SUCH THIRD-PARTY SERVICES. YOU EXPRESSLY RELIEVE US FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY SERVICE, INCLUDING WITHOUT LIMITATION CONTENT SUBMITTED BY OTHER USERS. ADDITIONALLY, YOUR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS FOUND ON OUR SERVICE, INCLUDING PAYMENT AND DELIVERY OF GOODS, AND ANY OTHER TERMS (SUCH AS WARRANTIES) ARE SOLELY BETWEEN YOU AND SUCH ADVERTISERS. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH SUCH ADVERTISERS.

Mobile Application Terms.

Mobile Applications

The Service is accessible via a compatible mobile device (“Mobile Applications”). To use any Mobile Applications you must have a mobile device that is compatible with the Mobile Applications. Fedi does not warrant that the Mobile Applications will be compatible with your mobile device. You may incur mobile data charges from your wireless provider in connection with the Mobile Applications, and you agree that you are solely responsible for any such charges. We grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for your Service Account on one or more mobile devices owned or leased solely by you, solely in accordance with these Terms. You may not: (a) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (c) make any copies of the Mobile Applications; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (e) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that we may from time-to-time issue upgraded versions of the Mobile Applications and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof. We or our third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void.

Mobile Applications from the Apple App Store

The following applies to any Service acquired from the Apple App Store (“Apple-Sourced Software”): you acknowledge and agree that the agreement is solely between you and us, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software (if any); to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the agreement and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including: (a) product liability claims; (b) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to us as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the agreement. you and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

Mobile Applications from Google Play Store

The following applies to any mobile applications you acquire from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms are between you and us only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (d) we, and not Google, are solely responsible for its Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to our Google-Sourced Software.

Disclaimer.

OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF OUR SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT ANY CONTENT ON OUR SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS; THAT OUR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF OUR SERVICE OR ANY DOWNLOAD OF CONTENT THROUGH THE USE OF OUR SERVICE. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

FURTHER, FEDI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND FEDI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

U.S. FEDERAL LAW, SOME U.S. STATES, AND SOME OTHER COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY ACROSS JURISDICTIONS. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OUR SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OUR SERVICE; AND/OR (G) YOUR DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. 

IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF $100.00 USD.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Indemnity.

You agree to defend, indemnify and hold us and our affiliates, agents, suppliers or licensors (and our and their employees, contractors, agents, officers and directors) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your access to or use of our Service; (b) your violation of any aspect of these Terms, including without limitation your breach of any of your representations and warranties; (c) your violation of any third-party right, including without limitation any right of privacy or IP Rights; (d) your violation of any applicable law, rule or regulation; (e) your Content, including without limitation any misleading, false, or inaccurate information in your Content; (f) your willful misconduct; or (g) any third party’s access to or use of our Service with your username(s), password(s) or other security code(s).

Confidentiality.

Definition

We may disclose “Confidential Information” to you in connection with the Service or these Terms, which is anything that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure including all non-public business, product, technology and marketing information. If something is labeled “Confidential,” that’s a clear indicator to you that the material is confidential. Notwithstanding the above, Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation owed to us; (b) was known to you prior to its disclosure by us without breach of any obligation owed to us; (c) is received from a third party without breach of any obligation owed to us; or (d) was independently developed by you.

Protection and Use of Confidential Information

You will (a) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates and contractors who need to know such information in connection with these Terms; and (b) not use or disclose any Confidential Information of Fedi for any purpose outside the scope of these Terms. Nothing above will prevent you from sharing Confidential Information with financial and legal advisors; provided, however, that the advisors are bound to confidentiality obligations at least as restrictive as those in these Terms.

Compelled Access or Disclosure

You may access or disclose Confidential Information of Fedi if it is required by law; provided, however, that you give us prior notice of the compelled access or disclosure (to the extent legally permitted) and reasonable assistance, at our cost, if we wish to contest the access or disclosure. If you are compelled by law to access or disclose our Confidential Information, we will reimburse you for your reasonable cost of compiling and providing access to such Confidential Information as well as the reasonable cost for any support provided in connection with us seeking a protective order or confidential treatment for the Confidential Information to be produced.

Injunctive Relief

You acknowledge that we will be irreparably harmed if Confidential Information of the other is distributed in breach of this section, and that we would not have an adequate remedy at law in the event of such an actual or threatened breach. Therefore, you agree that we shall be entitled to seek injunctive relief against any actual or threatened breaches of this section by you without the necessity of showing actual damages or showing that monetary damages would not afford an adequate remedy.

Governing Law; Arbitration; Class Action/Jury Trial Waiver.

Governing Law

You agree that: (a) we will be deemed solely based in the State of Delaware, USA; and (b) our Service will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Delaware. These Terms will be governed by the internal substantive laws of Delaware, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in these Terms and preempts all state laws to the fullest extent permitted by law. If the FAA is determined to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Kent County, Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm. You agree that Kent County, Delaware is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This section (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of our Service, including receipt of any advertising, marketing, or other communications from us; (c) any transactions through, by, or using our Service; or (d) any other aspect of your relationship or transactions with us, directly or indirectly, as a User or consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms. 

If you are a new User, you can reject and opt-out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at support@fedi.xyz with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought. 

For any Claim, you agree to first contact us at support@fedi.xyz and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim through binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, the Arbitration Agreement shall control. The arbitration will be conducted in the U.S. county where you live or Kent County, Delaware, unless you and we agree otherwise. If you are using our Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator will include costs of arbitration, reasonable attorney’s fees and reasonable costs for expert and other witnesses. If you are an individual using our Service for non-commercial purposes: (x) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (y) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (z) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and we agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms, or any provision of these Terms, is unconscionable or illusory or any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.

NOTHING IN THIS SECTION WILL BE DEEMED AS: PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS; OR PREVENTING YOU FROM ASSERTING CLAIMS IN SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.

Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED OUR SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND WE AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND WE AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Miscellaneous.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

Notification Procedures and Changes to these Terms

We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain notifications as required under applicable laws or as described in these Terms or our Privacy Policy. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We may, in our sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the last modified date at the top of this page and notify you that material changes have been made to these Terms. These Terms apply to and govern your access to and use of our Service effective as of the start of your access to or use of our Service, even if such access or use began before publication of these Terms. Your continued use of our Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any part of these Terms or any future Terms of Service, do not use or access (or continue to access) our Service.

Entire Agreement/Severability

These Terms, together with any amendments and any additional agreements you may enter into with us in connection with our Service, will constitute the entire agreement between you and us concerning our Service. None of our employees or representatives are authorized to make any modification or addition to these Terms. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us or your use of our Service. Except as otherwise stated in the Arbitration Agreement in these Terms, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. 

Survival

Any section of these Terms that, by its terms or its nature, should survive the termination or expiration of these Terms shall so survive.  

No Waiver

No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

California Residents

The provider of the Service is set forth herein. If you are a California, U.S. resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (800) 952-5210 or +1 (916) 445-1254.

Contact

If you have any questions about these Terms, please contact us at info@fedi.xyz.