USER AGREEMENT
Last updated: September 2024
Friendo.cash group of companies and their affiliates (collectively "Friendo.cash," “we,” “us,” and “our”) welcome you. This User Agreement (“Agreement”) is a legal agreement between Friendo.cash – the owner of the software-as-a-service digital platform under the brand name Friendo.cash (also referred to herein as the “Friendo.cash Platform” or “Platform”), and you, the legal entity or individual (also referred to herein as “User” or “Customer”), who is applying for or holds a valid user account with the Friendo.cash Platform (an “Account”). This Agreement governs the terms by which you may use our Platform, our mobile application (“App”) as well as any of our website (collectively, the “Friendo.cash Site” or “Site”), and the services we provide or facilitate access to via our Platform and Site (collectively referred to herein as the “Friendo.cash Service” or “Service”).
By creating an Account on the Platform, downloading, installing, or opening the Friendo.cash mobile application, accessing any other Friendo.cash website (collectively, the “Friendo.cash Site” or “Site”), or by otherwise manifesting your assent to this Agreement (e.g., by clicking 'I Agree'), you acknowledge and agree that you have received, read, understood, and accept all the terms and conditions contained in this Agreement, including our Privacy Policy and Cookie Policy, as well as any amended terms, disclosures, and disclaimers published on the Friendo.cash Site.
By applying for any service provided by third-party service providers available via the Platform, you signify that you have read, understood, and agree to be bound by the applicable terms and conditions of those service providers, which are hereby incorporated into this Agreement by reference.
Friendo.cash may amend this Agreement periodically by posting a revised version on its Site and updating the Effective Date. The updated version will be effective as of the new “Effective Date.” For material changes to the Agreement, Friendo.cash will provide you with at least fifteen (15) calendar days’ prior notice via email or through the Platform. You agree that you and your Account will be bound by changes to the Agreement through any subsequent use of your Account or if you do not close your Account within fifteen (15) calendar days of being notified of the changes. Your continued use of the Service after the Effective Date constitutes your consent to any changes to this Agreement.
1. Use of the Platform
The Friendo.cash Platform provides you with convenient access to third-party services, acting as a technological aggregator and facilitator. These third-party services are incorporated herein by reference and unified access to them constitute the subject of the Friendo.cash Service.
A. Third-party Services available on the Platform
Using the Platform, you can request, access, and manage services from the following third- party providers (hereinafter all service providers, which are incorporated herein by reference, also collectively referred to as “Providers”):
1) Kuna.io Services: Provided by UAB Kuna Pro (a company registered under the laws of Lithuania, registration code 306041195), with its registered address at Eišiškių Sodų 18-oji g.
11, Vilnius, 02194, Lithuania. These services are subject to the terms of use/user agreement available at https://kuna.io/en/legal/user-agreement. The services include:
o Virtual assets Wallets generation/Custody;
o On-ramp Widget;
o Virtual assets Transfers (including Withdrawals);
o Virtual assets Exchange;
o Tracking (allows to manage and track transactions made by User); (hereinafter also jointly referred to as “Kuna.io Services”).
2) Quicko Services: Provided by Quicko sp. z o.o. (a company registered under the laws of Poland, KRS number 0000350151, NIP 5213540295, REGON 142004870, holding the license of National Payment Institution number IP52/2021), with its registered office at ul. Sienkiewicza 49, 42-600 Tarnowskie Góry, Poland. These services are subject to the terms of use/user agreement available at https://help.quicko.com/support/solutions/articles/84000350456-terms-conditions-of-use. The services include:
o opening and maintaining payment accounts,
o issuing and servicing payment cards,
o execution of payment transactions,
o providing access to the payment services provided or an online platform (“Customer Panel”) via a Friendo.cash Site,
o as well as other services, the current list of which can be found on the Quicko Site. (hereinafter also jointly referred to as “Quicko Services”).
Please note that Friendo.cash is not a financial institution, nor is it a provider of KUNA.io Services, Quicko Services, or any related financial and virtual asset services. Furthermore, Friendo.cash is not an agent, representative, or intermediary of KUNA.io Services, Quicko Services, or any other third-party service providers. Friendo.cash does not own or control the underlying software protocols that govern the operation of any third-party service provider. We do not have any authority to act on behalf of these third parties, nor do we endorse or assume responsibility for their actions, products, or services. Any transactions, communications, or dealings between you and third-party service providers are solely between you and the respective service provider. Your use of such third-party services is subject to the terms and conditions of those providers, and you are required to accept and agree to their respective terms and conditions.
FRIENDO.CASH SHALL NOT BE LIABLE FOR ANY ACTIONS OR OMISSIONS OF THIRD-PARTY SERVICE PROVIDERS, AND ANY ISSUES ARISING FROM THIRD-PARTY SERVICES SHOULD BE ADDRESSED DIRECTLY WITH THE RESPECTIVE PROVIDER.
B. Creating an Account.
Your Account may give you access to the Platform, including associated services provided by the Providers and any other functionality that we may establish and maintain from time to time at our sole discretion. When you create an Account, you will need to provide certain company information and/or personal information (collectively, "Customer Information"). Customer Information may include:
· For personal accounts: individual consumer information.
· For business accounts: your registered business name and state of incorporation, business address, ownership details, nature of the business, and other business information we may request.
· Personal information of Users or beneficial owners: name, contact information, date of birth, and other personal details.
· Verification documents: corporate registration certificate, proof of address, personal identification, and any other documentary information used to verify business and personal information.
We provide Customer Information to our Providers and other third-party service providers, as mentioned in our Privacy Policy, to determine your eligibility for access to certain Services. We rely on the accuracy of the Customer Information you provide when opening and maintaining your Account. We may deny your applications, suspend provision of Services to you, or close your Account if Customer Information is outdated, incomplete, or inaccurate. By creating an Account, you represent that you are the legal owner of, and are authorized to provide us with, all Customer Information and other information necessary to facilitate your use of the Services.
C. Account Management and Security.
Using the Platform, you can request, connect, and manage Providers’ services; view statistics and run reports; provide or update Customer Information; and perform other tasks to manage your Account. You are responsible for any actions or failure to act by Users or those using their credentials to access your Account. You are solely responsible for all activity that occurs under your Account, and you must keep your Account secure.
We require the use of multi-factor authentication (MFA) and encourage you to use strong passwords with your Account. You must notify Friendo.cash immediately of any breach of security or unauthorized use of your Account. Friendo.cash will not be liable for any losses caused by unauthorized use of your Account. We may suspend access to your Account if we believe that your Account has been compromised.
D. Prohibitions.
You agree that you will not:
a) Use the Platform or the Services for any purpose that is unlawful or prohibited by this Agreement.
b) Use the Account or the Services for the benefit, directly or indirectly, of any individual, organization, or country subject to local or international financial sanctions, according to FATF recommendations or identified on any official local or international list of prohibited or restricted parties.
c) Use the Platform or the Services on behalf of any third parties.
d) Use the Platform or the Services to collect market research for a competing business.
e) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
f) Interfere with or attempt to disrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software, or routine, or access or attempt to gain unauthorized access to any Friendo.cash intellectual property, data, files, or passwords related to the Platform through hacking, password or data mining, or any other means.
g) Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Platform.
h) Circumvent, remove, alter, deactivate, degrade, or thwart any content protections on the Platform.
i) Use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, that we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.
j) Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
k) Use the Platform or the Services for any inappropriate, improper, discriminatory, illegal, or otherwise harmful purpose, or to violate or encourage the violation of the rights of others, as reasonably determined by Friendo.cash.
l) Engage in abusive, harassing, threatening, offensive, or otherwise improper conduct towards Friendo.cash or its employees, agents, service providers, partners, or other customers while using the Platform or the Services.
E. Beta Services.
Friendo.cash may, from time to time, make certain Services, features, or functionalities of the Platform available to you, which we may designate as beta, pilot, limited release, evaluation, or by a similar description (“Beta Services”). You may accept or decline any such Beta Services at your sole discretion. You acknowledge that Beta Services may be unstable, incomplete, contain bugs, and be subject to errors or interruptions. Friendo.cash may describe limitations that exist within a Beta Service; however, your reliance on the accuracy or completeness of these descriptions is at your own risk. You should not use Beta Services for any critical or important functions without taking appropriate precautions to prevent loss or damage resulting from such use.
2. Our Proprietary Rights
Subject to the terms and conditions of this Agreement, you are hereby granted a non- exclusive, limited, non-transferable, freely revocable license to use the Platform as permitted by the features of the Platform. Friendo.cash reserves all rights not expressly granted herein in the Platform and the Friendo.cash IP (as defined below). Friendo.cash may terminate this license immediately upon notice to you if you breach any provision of this Agreement or for any other reason as permitted under this Agreement. The Platform and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (collectively, the 'Friendo.cash IP'), and all Intellectual Property Rights related thereto, are the exclusive property of Friendo.cash or its licensors (excluding User Content provided by Users). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Friendo.cash IP. Use of the Friendo.cash IP for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to, or we may invite you to, submit comments or ideas about the Platform and Service, including without limitation about how to improve the Platform and/or Service ("Feedback"). By submitting any Feedback, you acknowledge that it is provided voluntarily, and you grant Friendo.cash a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and exploit such Feedback for any purpose without any obligation to you.
You further acknowledge that, by acceptance of your submission, Friendo.cash does not waive any rights to use similar or related ideas previously known to Friendo.cash, or developed by its employees, or obtained from sources other than you.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
3. Site Data and Privacy
As between you and Friendo.cash, you will retain all rights, title, and interests in and to your Customer Information, personal information, and any other information submitted by You through the Platform (collectively, "User Content"). By using the Platform, you grant Friendo.cash a non-exclusive, royalty-free license during the Term to collect, use, disclose, combine, transmit, format, and display User Content solely for the purposes provided in our Privacy Policy. Friendo.cash may aggregate anonymized data collected from your use of the Platform and Service (“Site Data”) and use such Site Data for analytical and business purposes, which may include sharing with third-party partners as described in our Privacy Policy. You also acknowledge and agree that by using the Platform, Service, User Content and Site Data may be collected, used, transferred and processed for the purposes and as described in the Privacy Policy. Friendo.cash employs commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Customer Information. However, we cannot guarantee absolute security, and you acknowledge that you provide User Content at your own risk. Friendo.cash will process User Content in compliance with applicable data protection laws, including GDPR. Your use of the Providers’ services is subject to the privacy policies of the relevant Providers.
4. Third-Party Links and Information
The Platform may contain links to third-party materials that are not owned or controlled by Friendo.cash. Friendo.cash does not endorse or assume any responsibility for any such third- party services, information, materials or products. If you access a third-party website, application or service from the Platform, you do so at your own risk, and you understand that this Agreement and Our Privacy Policy do not apply to your use of such third-party services. Your use of third-party websites, applications, or services is subject to the terms and conditions and privacy policies of those third parties. You expressly relieve Friendo.cash from any and all liability arising from your use of any third-party websites, applications, services, or content. We recommend that you review the terms and privacy policies of any third-party services before using them. Additionally, your dealings with or participation in promotions of advertisers found on the Platform, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Friendo.cash shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
5. Representations and Warranties; Indemnification
A. You hereby represent, warrant, and covenant that:
i. You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your User Content and any other works that you incorporate into your User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder; and
ii. Use of User Content in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party.
B. You agree to defend, indemnify, and hold harmless Friendo.cash and its affiliates, and their employees, contractors, agents, officers, and directors from and against any and all third- party claims, damages, liabilities, losses, and expenses (including reasonable attorney’s fees) arising out of or related to, or resulting from: (a) your use of and access to the Platform, including any data or content transmitted or received by you; (b) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) your intentional misconduct; or (f) any other party’s access and use of the Platform with your unique username, password or other appropriate security mechanism. This indemnification obligation includes any liability arising from unauthorized use of your Account due to your failure to maintain the security of your login credentials.
6. No Warranty
THE PLATFORM AND SERVICES, INCLUDING BETA SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE PLATFORM AND SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND SERVICE ARE 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 FRIENDO.CASH OR THROUGH THE PLATFORM OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, FRIENDO.CASH, ITS SUBSIDIARIES, AND ITS AFFILIATES DO NOT WARRANT THAT THE INFORMATION PROVIDED TO YOUR THROUGH THE PLATFORM OR SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE PLATFORM OR SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE PLATFORM OR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PLATFORM OR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM AND SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE PLATFORM OR SERVICE.
FRIENDO.CASH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE, AND FRIENDO.CASH WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRIENDO.CASH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS 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, THE PLATFORM OR SERVICE. UNDER NO CIRCUMSTANCES WILL FRIENDO.CASH BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PLATFORM, SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRIENDO.CASH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR PLATFORM OR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM OR SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM OR SERVICES BY ANY THIRD PARTY; (VI) 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 THE PLATFORM OR SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL FRIENDO.CASH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING
$1000.00.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FRIENDO.CASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8. Term and Termination
This Agreement is effective when you start using our Platform and continues until terminated by either you or us, or in accordance with the Providers’ agreements or as otherwise set forth in this Agreement (the "Term"). You may terminate this Agreement by paying all amounts you owe and providing notice to us; except that you will still be responsible for any charges, fees, fines, and other losses caused by your action or inaction prior to terminating this Agreement. We may terminate this Agreement, or suspend your Account, in our discretion or as provided in the Providers’ agreements. We will provide notice of termination or suspension to the extent permitted by applicable law.
9. Changes to this Agreement
This Agreement is effective as of the Last Modified date stated at the top. We may change this Agreement from time to time. Any such changes will be posted on the Site. By accessing the services after we make any such changes to this Agreement, you are deemed to have accepted such changes. Please refer back to this Agreement on a regular basis.
10. Governing Law and Arbitration
A. Governing Law. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the applicable laws, without regard to its conflict of law principles.
B. Dispute Resolution. Disputes or claims will be resolved through Alternative Dispute Resolution methods (example: mediation, arbitration, or negotiation), in accordance with applicable laws.
11. General
A. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Friendo.cash without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Notification Procedures and Electronic Communications. You consent to receive notices and communications from us electronically. We may provide notices to you through your Account dashboard, or by email, text message, or SMS to the email address or phone number provided by you. You acknowledge that you must provide and maintain accurate contact information. You may not use the Platform and Services unless you consent to receive notices electronically. To withdraw consent, you must close your Account. Notices may include alerts about the Platform, Services, your Account, and updates to this Agreement. While you may adjust certain notification preferences, some communications are necessary for the operation of the Services and cannot be disabled. You are responsible for ensuring that your devices and software meet the necessary technical specifications to receive notices. Any charges imposed by your internet or mobile service providers are your responsibility. If you experience issues receiving notices, please contact us at support@friendo.cash.
C. Entire Agreement and Severability. This Agreement, including the Privacy Policy, Cookie Policy, and any additional terms incorporated by reference, constitutes the entire agreement between you and Friendo.cash regarding your Account, the Platform, and the Services, and supersedes all prior and contemporaneous agreements, proposals, or communications, whether written or oral. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall remain in full force and effect.
D. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Friendo.cash failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
E. Legal Compliance and Orders. We may respond to and comply with subpoenas, warrants, court orders, or other legal processes that we believe require us to provide information or take actions related to your use of the Platform and Services. We shall not be liable to you for any losses, whether direct or indirect, that you may incur as a result of our compliance with such legal processes. We may hold funds, restrict access to your Account, or disclose information as required. Where permitted by applicable law, we will provide you with reasonable notice of such legal actions.
F. Survival. The following sections shall survive the termination or expiration of this Agreement: Sections 1C (Account Management and Security), 2 (Our Proprietary Rights), 3 (Site Data and Privacy), 5 (Representations and Warranties; Indemnification), 6 (No Warranty), 7 (Limitation of Liability), 8 (Term and Termination), 10 (Governing Law and Jurisdiction), 11 (General), and any other provisions that by their nature are intended to survive termination.
G. Electronic Signatures and Records. You consent to the use of electronic signatures and agree that your electronic consent and agreement have the same legal effect as a physical signature. Friendo.cash may facilitate the completion and execution of electronic documents between you and third parties but is not a party to such transactions and shall not be liable for any issues arising from them. You are responsible for complying with all applicable laws regarding the retention and storage of electronic documents and records. Friendo.cash is not responsible for retaining copies of your electronic documents or producing them to any third parties.
Copyright 2024 Friendo.cash. All rights reserved.
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