User Agreement

Last update: 08 January 2025

Trustyfy is a technological platform to make the use of the Blockchain simple, effective, and mainstream. We aim to be the super app for everything crypto and bankless.

We are not a wallet, and we don’t hold your crypto assets. We don’t issue tokens, and we don’t collect or store your private keys, backup phrases, or passwords. Your assets stay fully decentralized, as it should be.

We are not a bank, and we don’t provide any financial services, advisory, or brokerage services. Debit cards, bank details, and other financial services–where available–are provided by third-party regulated companies. Always check their terms and conditions before applying for their services.

Unless stated otherwise, this user agreement (“Agreement” or “Terms”) is between the entity identified in the chart below (“Trustyfy”, “Company”, “we”, “us”, or “our”) and you (and the company you work for if you are accessing the Services – as defined below – on behalf of such company) (“you”).

 

* Based on your country of residence.

1. ACCEPTANCE OF THE TERMS

1.1 The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms"), govern your access to and use of https://trustyfy.com (the “Website”) and https://app.trustyfy.com (the “App”), each and collectively the “Platform”, as applicable), including any content, functionality, and services offered on or through the foregoing, whether as a guest or a registered user.

1.2 Please read the Terms carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our privacy policy (“Privacy Policy”), incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Platform.

1.3 By using this Platform, you represent and warrant that you are of legal age to form a binding contract with us, you are a Member, and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Platform.

2. ELIGIBILITY

2.1 Each time you access or anyhow use the Platform, you represent and warrant that (each and collectively “Eligibility Requirements”):

a) no law, rule, or regulation applicable to you (by virtue of your citizenship, place of residence, or otherwise) prohibits or makes it unlawful for you to do so in accordance with this Agreement. You understand and agree that the Company is not liable for your compliance or failure to comply with such laws, rules, or regulations,

b) you will not be using the Platform for any illegal activity (including money laundering, fraud, blackmail, extortion, ransoming data, financing of terrorism or any other unlawful activities or prohibited market practices),

c) you will not be using the Platform on behalf or for the account of any person other than yourself,

d) if you are an individual,

• you are at least eighteen years old (or above if so required by your jurisdiction of residence),

• or you are using the appropriate services under the supervision of your parent or guardian, according to the laws of your jurisdiction,

e) if you are not an individual, but an entity,

• you have been validly organized or incorporated according to the applicable laws of your jurisdiction, still in existence, and in good standing, and

• each individual through the actions of whom you access, download or use the Platform has full power and authority to act on your name and behalf, and to enter into valid and binding contracts or agreements with the Company and third parties in general,

f) you are not located, resident, or citizen of an Excluded Country.

3. BECOMING A USER

3.1 To become a user of the Platform (“User”) you must:

a) register for an account with your email,

b) and approve this Terms and our Privacy Policy, which happens by clicking to accept or agree to the Terms and Privacy Policy when this option is made available to you, or by using the Platform. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Platform.

3.2 To improve your security, we don’t store any password or keyword. You will receive a secret code to your email when you register. We don’t know and don’t have access to this code. The secret code changes every time you access your account.

3.3 For security reasons and to protect your account, we can’t change your email. Only you are in charge. Remind to choose the proper email address and to protect it later.

3.4 To enhance your security, we aim to provide two-factor authentication (2FA) technology on top of your email.

4. OUR SERVICES

What we are not

4.1 Trustyfy is not a wallet.

a) We don’t have access to your wallets and therefore we can’t and won’t intervene in any transactions that you wish to make on the Blockchain.

b) All transactions occur outside Trustyfy on the blockchain. Blockchains are decentralized and a peer-to-peer networks, and outside of Trustyfy, so that (i) all transactions are final so that refunds and cancellation are not possible, (ii) we do not store your Digital Assets, (iii) we do not send or receive digital assets, you do.

4.2 We don’t have access and never store the Private Keys of your wallets.

a) Only you have access to your Private Keys and are solely responsible for maintaining the security of your Private Key for each Wallet you have. Failure to do so may result in the loss of control of Digital Asset associated with the Wallet.

b) If you are using a third-party wallet such as MetaMask, you can access the Private Key according to the third-party’s instruction.

c) If you create a native blockchain wallet, you can access your Private Keys from the settings page through a system known as ‘Blind Access’. It means that we don’t have access or store to your Private Keys, only you do.

4.3 Trustify is not a custodial service.

a) We don’t hold crypto currencies, NFTs, or any other crypto asset.

b) We provide services such as corporate organizations, contact lists, portfolio trackers, and many other services that make your life easier in dealing with your crypto assets. However, we don’t and won’t control such crypto assets. Only you are in charge.

4.4 Trustyfy is not an exchange.

a) Every exchange happens on the blockchain, not in our system.

4.5 Trustyfy is not a token and doesn’t issue tokens.

a) We don’t and won’t have our proprietary token, and we don’t plan to issue one in the future.

What we are

4.6 Trustyfy is a technological platform to make the use of the Blockchain simple, fast, and effective. We aim to be the super app for any non-financial service connected to use of wallets and bankless accounts. You can find a list and description of the existing features in our website and app. More will come.

4.7 At the same time, you can access to third-party regulated providers–where available–to get crypto-friendly credit cards, bank accounts, and other fiat services. We are not a marketplace. Always check their terms and conditions before applying for their services.

Acknowledgements

4.8 You acknowledge and agree that:

a) the transactions you submit to the blockchain might be unsuccessful or substantially delayed, by the blockchain networks you are interacting with,

b) such networks are decentralized, peer-to-peer networks supported which we do not own, control, or operate, and

c) any transfer of crypto assets occurs on the applicable blockchain/s and not on a network owned by us, and we therefore cannot guarantee that we can affect the transfer of title or right in any crypto asset.

4.9 You represent and warrant that any information you provide via the Platform is accurate and complete, and you accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any transaction. We strongly encourage you to review your transaction details carefully before attempting to transfer any crypto asset.

4.10 You acknowledge and understand that the Platform is non-custodial, therefore when using our Services: 

a) the Funds belong to you and are stored on your Wallets,

b) we don’t control or have access to your signatures.

4.11 Exchange rates between crypto assets are provider by the market outside Trustyfy and the prices displayed on Trustyfy are sourced from the DeFi market (Decentralized Finance) from one or more providers in the absolute discretion of the Company, from time to time.

5. RISK OF BLOCKCHAIN AND SMART CONTRACT

5.1 You acknowledge that all digital assets transactions happen outside Trustyfy on a blockchain via one or more smart contracts, and that buying crypto assets on a blockchain is highly risky.

5.2 You acknowledge and accept all consequences of sending any crypto assets via any blockchain.

5.3 Crypto asset transactions are irreversible, and therefore once you send crypto assets to an address, you accept the risk that you may lose access to your crypto assets indefinitely, so that if for example an address is entered incorrectly, the owner of the address may never be identified, and your crypto assets will never be returned.

5.4 You understand and voluntarily assume the inherent risks listed hereinafter, and agree that neither the Company nor any of its shareholders, members, directors, officers, employees, agents or representatives will be liable for any losses, including financial and business losses, or consequences resulting from the following risks:

a) Risk of Software Weaknesses. The Platform, and other involved software and technology and technical concepts and theories are still in an early development stage and unproven, that there is no warranty that the process for receiving, use and ownership of crypto assets will be uninterrupted or error-free and that there is an inherent risk that the Platform and related technologies and theories could contain weaknesses, vulnerabilities or bugs causing, inter alia, a financial loss or the complete loss of crypto assets. You agree not to hold the Company accountable for any related losses.

b) Crypto Asset Risks. Any crypto asset may change or cease to operate as expected, which may result in the crypto asset being canceled, lost, or double spent, or otherwise losing all or most of its value.

c) Regulatory Risk. Blockchain technology allows new forms of interaction. There is a possibility that certain jurisdictions will apply existing regulations or introduce new regulations addressing blockchain technology–based applications, which may be contrary to the current setup of the Platform and which may, inter alia, result in substantial modifications of the Platform and/or the business model of the Company, including its termination.

d) Risk of Abandonment/Lack of Success. You understand and accept that Trustify and any of the Services may be abandoned for a number of reasons, including, but not limited to, lack of interest from the public, lack of funding, or lack of commercial success or prospects. Furthermore, the Company has the right to modify, suspend, or alter any part of the Services at any time, at its sole discretion.

e) Risk of Theft. You understand and accept that your computer system, the Platform, any other involved software in the provision of the Services, and other technology components and/or platforms supplied by third parties in your use of the Services may be exposed to attacks by hackers or other individuals that could result in theft or loss of crypto assets.

f) Risk of Blockchain Mining Attacks. Some blockchains are susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, ‘selfish-mining’ attacks, and race condition attacks. Any successful attack presents a risk to the expected proper execution and sequencing of crypto asset transactions.

g) Risk of Losing Wallet Access Information (Loss of Private Key). You understand and accept that the Company has no access to your Wallet at any point in time. If you lose the information and codes issued to you by your Wallet when establishing the Wallet, the Company has no way to recover your Wallet and or any crypto assets that are associated with it. You understand and accept that unauthorized third parties may access your Account and effect transactions without your knowledge or authorization. You understand and accept all risks associated with unauthorized use of your Account.

6. THIRD PARTY SERVICES

6.1 If you apply for a third-party service such as a debit card or a bank account number – where available – you will receive such service from such Third Party Service Provider.

6.2 It’s being understood that:

a) your receipt of such services is subject to:

• prior approval by the Third Party Service Provider,

• their terms and conditions, and

• rules, policies, and applicable laws.

b) Trustyfy is not responsible and shall never be liable for such Third Party Service Provider Services.

c) If you are required to pay for an application fee, you may not be entitled to a refund if the Third Party Service Provider does not approve you to use their services.

d) You should always check the Third-Party terms and conditions before applying for their services.

7. ANTI-MONEY LAUNDERING AND KYC

7.1 Each User wallet is subject to the onchain monitoring provided by ChainAnalysis.com or another similar provider from time to time, which check interactions with sanctioned Digital Asset wallets, and which includes an investigation software that connects cryptocurrency transactions to real-world entities, examines criminal activities.

7.2 Third-party services might require KYC (Know-Your-Customer) and KYB (Know-Your-Business) checks, anti-money laundering and anti-terrorist financing checks, in support of which the Company might carry out due diligence checks (each and collectively “Due Diligence Checks”). You understand and agree that such Due Diligence Ches may require the following:

a) your email address, full name and residency address,

b) valid identification documents proving your age and address,

c) documentation related to the source of your Funds, and

d) any other information we require in connection with such Due Diligence Checks.

7.3 We are entitled to restrict your Account in any manner that we reasonably deem appropriate, including suspension and full termination and deletion of your Account and this Agreement if we suspect a breach of our KYC requirements.

7.4 You are strictly prohibited from using the Company and its systems to facilitate any type of illegal money transfer. You must not use the App for any unlawful or fraudulent activity or prohibited transaction (including money laundering proceeds of crime) under the laws of any jurisdiction that applies to you. If we suspect that you may be engaging in, or have engaged in fraudulent, unlawful or improper activity, including money laundering activities or any conduct which violates these Terms of Use, your access to the Services will be terminated immediately and your Account may be blocked. If your Account is terminated or blocked under such circumstances, the Company is under no obligation to refund to you any Fees, and applicable law may disallow the transfer of your Funds. In addition, we shall be entitled to inform the relevant authorities, other online service providers, banks, credit card companies, electronic payment providers and other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity.

8. SUSPENSION AND TERMINATION OF ACCOUNTS AND SERVICES

8.1 We don’t have access to your wallets and funds; therefore, we can’t suspend, freeze, or cancel them. However, we can suspend your use of our Platform or terminate your Account temporarily or permanently. A Suspension/Termination may be a consequence of, among other things (without limitation):

a) breach of Anti-money laundering laws and regulations,

b) your breach of our Prohibited Uses,

c) your breach of our Content Standards,

d) Due Diligence,

e) inconsistent information regarding your identity,

f) a pending compliance or security review,

g) the request of a third party or the request and/or order of authority, governmental body, regulator, legal entity, or law-enforcement agency, or similar.

8.2 Because your wallets are outside Trustyfy, you are the sole responsible of keeping their private keys safe. The Company shall not be responsible if the suspension of your Account results in you losing access to your Wallet because have lost the applicable private key.

8.3 You understand and agree that some Third Party Service Provider services are centralized and therefore such providers will have control of your funds on their service, including their anti-money laundering requirements and ability to freeze your funds on their services. Please be sure to first read and understand fully the terms and conditions for any Third Party Service Provider service you apply for.

8.4 The Company will not be liable for any loss suffered as a result of any Suspension or Termination.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by local and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

9.2 These Terms permit you to use the Platform for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

9.3 You must not:

• Modify copies of any materials from this Platform.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

9.4 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

10. TRADEMARKS

10.1 The Company name, the terms Trustyfy, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.

11. PROHIBITED USES

11.1 You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform (each and collectively "Prohibited Uses", as applicable):

a) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries),

b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise,

c) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set forth in Section 13,

d) to transmit, or procure the sending of, any official advertising or promotional material without our prior written consent, or any "junk mail," "chain letter," "spam," or any other similar solicitation,

e) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing), or

f) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform, or expose them to liability.

11.2 Additionally, you agree not to:

a) use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform,

b) use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform,

c) use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms, without our prior written consent,

d) use any device, software, or routine that interferes with the proper working of the Platform,

e) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful,

f) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform,

g) attack the Platform via a denial-of-service attack or a distributed denial-of-service attack, or

h) otherwise attempt to interfere with the proper working of the Platform.

12. USER CONTRIBUTIONS

12.1 The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform.

12.2 All User Contributions must comply with the Content Standards set out in these Terms.

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

12.4 You represent and warrant that:

a) 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,

b) all of your User Contributions do and will comply with these Terms,

12.5 You are liable to us and indemnify us for any breach of the above warranties. This means you will be responsible for any loss or damage we suffer as a result of your breach of such warranties.

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

12.7 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 Platform.

Monitoring and Enforcement, Termination

12.8 We have the right to:

a) remove or refuse to post any User Contributions for any or no reason in our sole discretion,

b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for the Company,

c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy,

d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform, and

e) terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms.

12.9 Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. You waive and hold harmless the company and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.

12.10 We cannot review all material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

13. CONTENT STANDARDS

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

a) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable,

b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age,

c) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person,

d) 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,

e) be likely to deceive any person,

f) promote any illegal activity, or advocate, promote, or assist any unlawful act,

g) include any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence,

h) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person,

i) impersonate any person, or misrepresent your identity or affiliation with any person or organization,

j) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, or

k) give the impression that they emanate from or are endorsed by us or any other person or entity if this is not expressly the case.

14. COPYRIGHT INFRINGEMENT

14.1 If you believe that any User Contributions violate your copyright, you agree to send us a notice of copyright infringement according to Section 27 (Contacts) below. It is the policy of the Company to terminate the user accounts of repeat infringers.

15. RELIANCE ON INFORMATION POSTED

15.1 The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

15.2 The Platform may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

16. CHANGES TO THE PLATFORM

16.1 We may update the content on this Platform from time to time, but its content is not necessarily complete or up to date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

17. INFORMATION ABOUT YOU AND YOUR VISITS TO THE PLATFORM

17.1 All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

18. LINKING TO THE PLATFORM AND SOCIAL MEDIA FEATURES

18.1 You may link to our websites or apps, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

18.2 This Platform may provide certain social media features that enable you to:

a) link from your own or certain third-party websites to certain content on this Platform,

b) send emails or other communications with certain content, or links to certain content, on this Platform, and

c) cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party websites.

18.3 You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

a) establish a link from any website that is not owned by you,

b) cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking,

c) link to any part of the Platform other than the homepage, or

d) otherwise take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms.

18.4 The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

18.5 You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

18.6 We may disable all or any social media features and any links at any time without notice in our discretion.

19. LINKS FROM THE PLATFORM

19.1 If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

20. GEOGRAPHIC RESTRICTIONS

20.1 Access to the Platform may not be legal by certain persons or in certain countries. We exclude access from FATF Blacklisted countries and excluded countries resident, however, we make no claims that the Platform or any of its content is accessible or appropriate in your country, age, or condition. If you access the Platform, you do so on your own initiative and are responsible for compliance with local laws.

21. DISCLAIMER OF WARRANTIES

21.1 You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Platform  or any services or items obtained through the Platform  or to your downloading of any material posted on it, or on any Platform linked to it.

21.2 Your use of the Platform, its content, and any services or items obtained through the Platform is at your own risk. The Platform, its content, and any services or items obtained through the Platform are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Platform. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Platform, its content, or any services or items obtained through the Platform will be accurate, reliable, error-free, or uninterrupted, or all or any part of the website’s availability may be suspended, withdrawn or restricted for business and operational reasons, that defects will be corrected, that our platform or the server that makes it available are free of viruses or other harmful components, or that the Platform or any services or items obtained through the Platform will otherwise meet your needs or expectations.

21.3 To the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

21.4 The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

22. LIMITATION ON LIABILITY

22.1 To the fullest extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Platform,  any website linked to it, any content on the Platform  or such other website, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

22.2 To the fullest extent provided by law, in no event will the collective liability of the Company and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount you have paid the Company in the last 12 months out of which liability arose.

22.3 The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the Platform.

22.4 The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Limitation on Time to File Claims

22.5 Any cause of action or claim you may have arising out of or relating to these terms of use or the website must be commenced within one year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

23. INDEMNIFICATION

23.1 You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.

24. ARBITRATION

24.1 Any dispute between you and us arising out of or relating to our products, services, this Agreement or our relationship as created by this Agreement (whether arising out of contract, tort, statute or any other manner) shall be settled in binding JAMS arbitration, in the English language, according to your User Agreement:

 

24.2 In the event that JAMS is unavailable to administer the arbitration, another administrator will be selected by the parties or, if the parties cannot reach an agreement, the court (as dictated by the forum selection clause herein) shall select the administrator.

24.3 By entering into this Agreement, you expressly waive your right to a trial by jury and right to participate in a class action lawsuit. You further agree that the arbitration will take place on an individual basis, that class arbitrations and class actions are not permitted, and that you are agreeing to give up the ability to participate in any class action. For avoidance of doubt, you are agreeing to give up the ability to bring a lawsuit in court (except small claims discussed herein); and you are giving up the ability to bring or participate in a class action in any form or forum, even if your dispute is determined not to be subject to arbitration.

24.4 If an arbitrator (or a court, if a court determines it can evaluate the issue) decides that applicable law precludes enforcement of any of Section 24 as to a particular claim or request for a remedy, then that claim or remedy (and only that claim or that remedy) must be severed from the arbitration and may be brought in court as set forth in Section 24.1. An arbitrator (or a court, if a court determines it can evaluate the issue) may sever any portion of this Section 24 that it finds to be unenforceable, except for the prohibitions on any claim being handled on a class or representative basis. If, however, the waiver of class or consolidated actions is deemed invalid or unenforceable as it relates to a particular claim or dispute, neither you nor we are entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 24.1. This provision does not prevent you or us from participating in a class-wide settlement of claims.

24.5 This Section 24 will survive any termination of your relationship with us. If any provision of this Agreement shall be deemed unlawful, invalid or otherwise unenforceable, then that provision shall be deemed severable from this Agreement. Severing any such provision from this Agreement shall not affect the validity and enforceability of any remaining provisions, except as otherwise noted herein.

25. GOVERNING LAW AND JURISDICTION

25.1 In the event Section 24 above is deemed to not apply, all matters relating to the Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the following laws, and any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in front of the following courts.

 

26. MISCELLANEOUS

Waiver and Severability

26.1 No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

26.2 If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable (“Breaching Provision/s”) for any reason, such Breaching Provision/s shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect; and the Breaching Provision/s shall be replaced by the parties to these Terms with provisions that reflect the original intent of the parties to these Terms to the greatest extent possible without being Breaching Provision’s.

Force Majeure

26.3 The Company shall not be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemics, pandemics, or shortages of transportation facilities, fuel, energy, labor, or materials (collectively “Force Majeure”).

Assignment

26.4 We may transfer our rights and obligations under these Terms of Use to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Agreement.

Entire Agreement

26.5 The Terms, our Privacy Policy, and Terms of Sale, constitute the sole and entire agreement between you and the Company regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

Changes to the Terms

26.6 We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out in the ‘Governing Law and Jurisdiction’ or ‘Arbitration’ section above, will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Platform.

26.7 Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

27. CONTACTS

Customer care and technical support

27.1 For customer service and technical support, please contact the following email addresses:

Other contacts

27.2 For purposes other requests, you may contact us by registered post or courier:

 

With an electronic copy to: legal@trustyfy.com

27.3 Please note that all formal legal documents and claims must be formally and properly served on the correct Trustyfy entity according to Applicable Law.

Privacy

27.4 Any contact related to privacy matters should be directed to the following email addresses:

Copyright

27.5 All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.