EVAPAY — Terms of Use

Please read these terms and conditions carefully. By accessing or using the Website, you agree to abide by the conditions described below, as well as those specified by reference. If you do not agree to the terms, please do not use this website. These Terms of Use (“Terms”) shall apply to your access and use of the EVAPAY website, as well as its partners’ and subsidiaries’ websites (hereinafter referred to as “EVAPAY”, “we” or “us”), including evapay.co (hereinafter jointly referred to as the “Website”). EVAPAY shall reserve the right to modify or amend any provisions contained herein, the concept or general provisions of the Website, at any time and at its discretion. We will notify you of these changes by posting the revised Terms on the Website and changing the “Last Revision” date at the beginning hereof, or by using other means of notification, as EVAPAY may deem. Using a certain form of notification in some cases does not bind us to use the same form in other cases.

Any changes or modifications will be effective immediately after the changes are posted on the Website and will be applied to your subsequent use. You have the right to refuse to receive notices about any changes. Your continued use of this Website shall confirm your acceptance of such changes or modifications; thus, you should read the Terms and Policy every time you use the Website to understand all provisions related to its use. You can find the latest version of the Terms by clicking on the “Terms of Use” hyperlink located at the bottom or at the top of our web pages. If you do not agree to the Terms that came into force, during access, or use of the Website, you must stop using it.

General

EVAPAY is an online instrument that allows you to store, use, exchange and manage various cryptocurrencies such as Ethereum, Bitcoin and others using our wallet. Our web resource can evolve over time. This means that we may make changes into, modify or suspend (temporarily or permanently) the provision of our services for any reason at any time, with or without sending a notice. In this case, you may be denied to access or use our web resource. If at our sole discretion we decide to permanently cease the provision of our services, we will notify you through our Website.

Right to Access

When you access or use the Website, you warrant and represent that your use of the Website has not been ever suspended and you have not been removed recently. The right to use the Website is given to any person over 18 years of age. You can use our web resource only if you can legally be bound to these Terms in accordance with applicable law. If you use our web resource, you agree to do so in accordance with these Terms, as well as with applicable laws and regulations. You also acknowledge and warrant that you will not use the Website if the laws of your country prohibit you from doing so in accordance with these Terms.

Registration and Accounts

In order to access and use certain services of the Website, you need to create an account with EVAPAY (“Account”). Thereby you shall agree:
• To provide accurate, up-to-date and complete information when creating or updating your Account,
• To maintain and update the Account information promptly,
• To keep confidentiality of your Account information and restrict access to your Account and your computer,
• To immediately notify EVAPAY if you find or otherwise suspect any security breaches related to the Website, and
• To be responsible for all actions that you perform through your Account, and take all risks associated with access thereto by any unauthorized persons.

Account Suspension and Deletion

Without any obligation to you or any third party, we may refuse to register an Account, and to suspend or delete your Account or any service thereupon. Such measures may be taken as the result of inactivity of your Account, inability to correctly identify yourself, or if we believe that your Account is compromised, in order to comply with the provisions and rules hereof, or if you breach any term of this Agreement. If you have any cryptocurrency funds on your Account to be suspended or deleted, you can access and transfer such funds to any other external cryptocurrency account (unless prohibited by law or court order). If you fail to login due to suspension of your Account, you should email to [email protected] in order to process withdrawal of your funds. If you have anchored a bank account, debit card or credit card to your Account, we shall reserve the right to require you to provide additional identifying information before processing the withdrawal or transfer of funds. You can terminate this Agreement at any time by deleting your Account and stopping using our web resource. After the termination hereof and deletion of your Account, you shall be responsible for all transactions made during the active period of your Account.

Inactive Accounts

“Inactive” means the failure to login or perform any other action for more than 360 days using your Account. EVAPAY shall have the option, but not the obligation, to transfer funds from your Account to a secure Master Storage Account for secure storage. When a user resumes activity in his/her inactive Account, the funds that are kept in Master Storage Account can be obtained by contacting the support service to verify and restore security.

Acceptable Transactions and Refunds

EVAPAY shall reserve the right to change the restrictions on the deposit, withdrawal, conversion, storage and speed of your Account, as well as access to the web resource, which we consider appropriate. After your cryptocurrency transaction is initiated, it cannot be canceled or refunded.

Privacy Policy

Please refer to our Privacy Policy to obtain information about the receipt, use and disclosure of your personal data.

Internet Data Transfer Confidentiality

Any data or information transmission (including e-mail messages) via the Internet or other public networks is not 100% secure and may be subject to possible loss, interception or change. Accordingly, EVAPAY shall not be liable for any damages or costs that you may incur as the result of data transfer via the Internet or other public networks, including unlimited transfers related to e-mail correspondence with EVAPAY containing your personal data. Although EVAPAY makes commercially reasonable efforts to protect the confidentiality of the information you provide to EVAPAY and processes this information in accordance with the Privacy Policy, in no case the information you provide to EVAPAY shall be considered confidential, or create any fiduciary obligations for EVAPAY, or entail any responsibility to you from EVAPAY if this information is unintentionally published by EVAPAY or made available to third parties without proper consent of EVAPAY.

EVAPAY Tokens

General restrictions — issue and payment of EVAPAY tokens
EVAPAY tokens can be used, kept or exchanged online if the parties agree to accept EVAPAY tokens. EVAPAY tokens are fully supported by the currency or property used for their purchase or at issue. EVAPAY tokens may be denominated in various currencies. For example, if you buy USDE, your EVAPAY tokens are fully supported by US dollars. If you pay USDE 100.00, EVAPAY shall retain USD 100.00 to support these EVAPAY tokens. The range of currencies available for EVAPAY tokens is within the single control and at the sole and absolute discretion of EVAPAY. EVAPAY tokens are supported by money means, but they are not money themselves. To make EVAPAY tokens to be issued or bought by EVAPAY, you must be a verified EVAPAY client. There will be no exceptions in this situation. The right to receive and issue EVAPAY tokens is contractual for you personally. EVAPAY must and always shall reserve the right to refuse the issuance or exchange of EVAPAY tokens, without limiting the generality of the foregoing.

Cryptocurrency Transactions

EVAPAY cannot and does not guarantee that the cryptocurrency consensual network is solely responsible for verifying and confirming the proposed transactions that you send by using our web resource, and EVAPAY cannot and does not confirm, cancel or return transactions from one cryptocurrency to another cryptocurrency, except for the proper confirmation of the completion of the cryptocurrency network transaction. The cryptocurrency network is managed by a decentralized network of independent third parties. Once the transaction request is sent to the cryptocurrency network via the web resource, the cryptocurrency network will automatically terminate or reject the request, and you cannot cancel or change the transaction request. You acknowledge and agree that EVAPAY shall not be liable for any errors or omissions that you make with respect to the cryptocurrency transaction carried out through a web resource. Web resources help you to send a request for confirmation of your cryptocurrency transaction to the cryptocurrency network. However, EVAPAY does not have control over the cryptocurrency network and therefore cannot and does not guarantee that any request for a transaction that you send via the web resource will be completed. You acknowledge and agree that the transaction requests that you send through the web resource may not be completed or may be significantly delayed by the cryptocurrency network. When you complete a transaction request through a web resource, you enable us to send your transaction request to the cryptocurrency network in accordance with your instructions provided via the web resource.

Third Party Involvement

If you authorize any third party to connect to your Account, either through a third party product or EVAPAY, you acknowledge that granting permission to third parties to perform certain actions on your behalf does not relieve you of any duties in accordance herewith. In addition, you give your consent and confirm the fact that you will not hold EVAPAY accountable and release EVAPAY from any liability arising from the acts or omissions of such third party in connection with the authorizations granted by you.

Application Programming Interface

Any person or organization using the EVAPAY Programming Interface (“EVAPAY API”) must comply with the terms of this User Agreement and/or any other terms that EVAPAY may implement at its discretion from time to time. EVAPAY API belongs to EVAPAY and is licensed for EVAPAY users without any restrictions and sublicense.

Changes to this Agreement

You can view the latest version of the Terms at any time on this page. We reserve the right, in our sole discretion, to update, modify or replace any point of these Terms of Use by posting updates and changes at our Website. You must periodically check our Website in order to be properly informed of any changes. Your continued use or access to our Website or web resource after the publication of any changes to these Terms of Use shall mean that you agree to such changes.

Force Majeure

We are not responsible for any delays, failures in performance or termination of the provision of services that arise directly or indirectly due to any reasons or circumstances that we cannot control, in particular any delay or error related to the actions of civil or military authorities, terrorist acts, civil unrest, wars, strikes, fires, interruption of telecommunications, Internet services or services of network providers, malfunction of equipment and/or software, another catastrophe or any other event that is beyond our control, does not in any way affect the legality, validity and enforceability in this jurisdiction of all other parts hereof.

Affiliation

If EVAPAY is acquired by or merged with any third party, under any of these circumstances, we shall reserve the right to transfer or assign the information we received from you as a condition of such merger, acquisition, sale or other transfer of control.

Export Control

The EVAPAY web resource can be regulated by the rules of export control in accordance with the applicable law. Using the EVAPAY web resource shall mean that you are not an individual or a legal entity or a person that is owned or controlled by persons or organizations that:
i. are subject to any sanctions imposed or enforced by the Department of Investment Management for Control of Foreign Assets of the United States, the US Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury, the Hong Kong Government or any other governmental body that has jurisdiction over EVAPAY or EVAPAY web resource;
ii. are the subject of the sanctions list, the List of untested countries and companies, the Bureau of Industry and Security of the US Department of Commerce; or
iii. are located, organized or resident in the country or territory that is, or whose government is subject to economic sanctions in the United States, including, in particular, Cuba, Iran, North Korea, Sudan or Syria.

You also assure that you will not use the EVAPAY web resource to perform any transactions on behalf of any person or organization listed in paragraphs (i) to (iii) which in one way or another violate the law. EVAPAY may terminate the provision of EVAPAY web resource services for any reason and without notice in case of violation of any of the above paragraphs. You understand and agree that EVAPAY may be legally obligated to withhold, deny your access and notify one or more state authorities regarding your property or interests that are in the possession or control of EVAPAY in the event of the application of certain sanctions imposing these obligations. These statements, the terms of the contract and the obligations are unlimited, and you agree to immediately notify EVAPAY in writing if the status of any of the above terms and conditions of the contract changes.

Conflict Resolution

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY, BECAUSE THE TERMS OF DISPUTE RESOLUTION WITH THE EVAPAY INTERNATIONAL PAYMENT SYSTEM AND THE LIMITATION OF REIMBURSEMENT REQUIREMENTS ARE LISTED BELOW.
Any disagreements or claims arising out of or relating to these Terms, as well as violation of these Terms, shall be settled by binding arbitration in accordance with the rules. Costs for resolving a conflict situation are initially borne by the party initiating the proceedings and subsequently distributed between the parties by the judge. Such judge’s decision is mandatory and cannot be appealed. The decision of the arbitral tribunal may be made by a judge.

Website Suspension and Closure

EVAPAY shall reserve the right to change or suspend the operation of the Website, any of its functions or sections, without prior notice. You agree that EVAPAY shall bear no responsibility for any changes, suspension or termination of the Website or any of its sections.

Indemnification

The Agreement requires that EVAPAY, as well as independent contractors, service providers and consultants, and their directors, employees and agents, be protected from and exempt from all claims, losses, expenses, liabilities and costs (including reasonable attorneys’ fees) arising from or related to :
(a) Your use of the Website,
(b) Any user content or feedback that you provide,
(c) Your violation of these Terms,
(d) Your violation of any rights of other parties, and
(e) Your actions with respect to the Website. Some legal systems limit consumer payments; thereby some or all of the above provisions for reimbursement may not apply to you. If you release us from liability, we will have the right, in our sole and unlimited discretion, to monitor any actions or legal proceedings and determine whether we want to resolve them and under what conditions.

Disclaimer

EVAPAY DOES NOT WARRANTY THE PERFORMANCE OR CONTINUITY OF ACCESS TO THE WEBSITE OR ANY MATERIALS. THE WEBSITE MATERIALS AND EVAPAY MATERIALS ARE PROVIDED ON THE CONDITIONS “WITHOUT DEVELOPMENT” AND “AS IS” WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED. HEREBY EVAPAY DISCLAIMS ALL WARRANTIES; THIS INCLUDES, IN PARTICULAR, THE WARRANTY OF THE COMMERCIAL BENEFIT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE AND INFORMATION, CONTENT OR MATERIALS IT CONTAINS.

EVAPAY DOES NOT WARRANT OR GUARANTEE THAT ANY EVAPAY OR WEBSITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, ACTUAL, AND CONTAIN NO ERRORS. DESPITE THE FACT THAT EVAPAY MAKES YOUR ACCESS AND USE OF THE WEBSITE SAFE, EVAPAY CANNOT CONFIRM OR GUARANTEE THAT THE WEBSITE OR ITS SERVER CONTAINS NO VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU MUST USE THE RECOGNIZED SOFTWARE TO FIND AND DELETE ANY VIRUSES AFTER ANY DOWNLOAD. EVAPAY SHALL RESERVE THE RIGHT TO CHANGE ANY WEBSITE CONTENT AT ANY TIME WITHOUT A PRIOR NOTICE. THE REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES AND OTHER INFORMATION ON TRADE NAMES, TRADEMARKS, MANUFACTURERS AND SUPPLIERS DOES NOT IMPLY ENDORSEMENT, SPONSORSHIP, RECOMMENDATION OR ANY BELONGING TO THEM OF EVAPAY CRYPTOCURRENCY IN ANY WAY.

SOME LEGAL SYSTEMS DO NOT ALLOW ANY WAIVER OF TERMS AND CONDITIONS IN AGREEMENTS WITH CONSUMERS, THEREFORE, SOME OR EVERY DISCLAIMER OF RESPONSIBILITY IN THIS SECTION MAY NOT APPLY TO YOUR CASE.

Liability Limitation

IN NO EVENT EVAPAY, ITS DIRECTORS, EMPLOYEES OR AGENTS WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES, INCIDENTAL, INABILITY TO USE, LOSS OF PROFITS, OR LOSS OF DATA, UPON ANY CLAIMS, INCLUDING THOSE RELATED TO VIOLATIONS (INCLUDING NEGLIGENCE) OR ANY OTHER DISPUTES RELATED TO THE USE OR INABILITY TO USE THE WEBSITE, EVAPAY MATERIALS OR CONTENT MATERIALS CONTAINED OR OBTAINED THROUGH THE WEBSITE. THE ABOVE SUBJECTS WILL ALSO NOT BE LIABLE FOR ANY DAMAGES INFLICTED OR CAUSED TO ANY USER WHETHER DUE TO ANY INFORMATION OBTAINED FROM EVAPAY, OR FOR ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSFER, OR ERRORS OF ACTION ARISING OUT OF BAD CONNECTION, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO ANY EVAPAY RECORDS, SOFTWARE OR WEBSITE. IN NO EVENT THE JOINT RESPONSIBILITY AS TO CONTRACT, WARRANTY, VIOLATION OF THE LAW (INCLUDING NEGLIGENCE, ACTIVE, PASSIVE OR OPPORTUNITY), QUALITY AND SAFETY PRODUCTS, AND OTHER CIRCUMSTANCES ARISING OR RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITE, SHALL EXCEED ANY COMPENSATION RECOVERABLE TO EVAPAY BY YOU, FOR ACCESS OR USE OF THE WEBSITE. SOME AUTHORITIES DO NOT ALLOW THE LIMITATIONS OF LIABILITY IN AGREEMENTS WITH CONSUMERS; THEREFORE, ALL THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Validity

Upon the termination of your Account or this Agreement for any reason, all rights and obligations of the parties by their nature continue to operate, despite the termination hereof.

Website Info Accuracy

Despite the fact that we intend to provide accurate and timely information on the EVAPAY website, the EVAPAY website (including the Content) may not always be completely accurate, complete or up-to-date and may also include technical inaccuracies or typographical errors. In an effort to provide the most complete and accurate information, information may from time to time be changed or updated without a prior notice, including, without limitation, information about our policies, products and services. Accordingly, you must check all information before relying on it, and all decisions based on the information on the EVAPAY website are your sole responsibility and we are not responsible for such decisions.

Limited License and Intellectual Property Rights

We provide you with a limited, non-exclusive, non-sublicensing and non-transferable license that is governed by the terms hereof, for accessing and using our web resource, solely for the purposes specified by EVAPAY. Any other use of our web resource is strictly prohibited. EVAPAY and its licensing authorities shall reserve all rights to the web resource, and you agree that this Agreement does not grant you any rights and licenses for the web resource, except for the limited license specified above. Except as expressly provided by EVAPAY, you agree not to modify, process, copy, develop, collect, borrow, sell, distribute or create derivative works based on our web resource, in whole or partially. If you violate any part hereof, your permission to access and use our web resource may be terminated in accordance with this Agreement. Evapay.co, EVAPAY and all logos associated with the web resource are either trademarks or registered product marks of EVAPAY or its licensing authorities. You cannot copy, imitate or use them without the prior written consent of EVAPAY. All rights, title and advantages of the EVAPAY website, as well as any Content, the web resource, technology and any content created or obtained through the above, are the exclusive property of EVAPAY and its licensing authorities.

Section Headings

The section headings in this Agreement are for convenience only and do not govern the meaning and interpretation of any provisions of this Agreement.

Governing Language and Translation

Hereby you agree that these Terms of Use, the EVAPAY Privacy Policy and other notices posted at the web resource have been compiled in English. Despite the fact that translations of any of the above documents into other languages are available, such translations may be irrelevant or incomplete. Accordingly, you agree that in the event of any conflict between the English versions of the documents listed above and any other translations thereon, the English version of the documents will be legally effective.