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Terms and Conditions

Last updated: Apri2610, 2021

Thank you for choosing DeCash.com (the “Site”). The following terms and conditions of service (these “Terms of Service”) apply to users of the Site. You should read these Terms of Service carefully to determine which provisions apply to you. By using any of the services, functions, or features offered from time to time on the Site (collectively or individually, the “Services”), the user (referred to herein as “you” or “your”) agrees to these Terms of Service, each of you DCIC S.A.., Panama being a “Party” and collectively, the “Parties”.

These Terms of Service constitute the entire agreement and understanding with respect to the use of any or all of the Services, and any manner of accessing them via the Site, between you and DCIC S.A., Panama ("DeCash").

For the avoidance of doubt, these Terms of Service have two Parties: you and DCIC S.A.., Panama. In particular, please note that all transactions of Digital Tokens on or off the Site may be subject to fees levied by DeCash as set out and updated in the Fees Schedule from time to time.

In the event of any inconsistency between these Terms of Service and any other pages, policies, terms, conditions, licenses, limitations, or obligations contained within or on the Site, these Terms of Service shall prevail.

By using any of the Services, you acknowledge that you have read, understand, and completely agree to these Terms of Service, as updated and amended from time to time. If you do not agree to be bound by these Terms of Service or with any subsequent amendments, changes, or updates, you may not use any of the Services, and if you do use any of the Services you will be bound by the Terms of Service, as amended; your only recourse in the case of your unwillingness to be bound by these Terms of Service is to stop using all of the Services.

These Terms of Service may be amended, changed, or updated by DeCash at any time and without prior notice to you. You should check back often on the Site to confirm that your copy and understanding of these Terms of Service is current and correct. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms of Service, as modified by such amendments, changes, or updates. The use of the Site and any Services is void where such use is prohibited by, would constitute a violation of, or would be subject to penalties under applicable Laws, and shall not be the basis for the assertion or recognition of any interest, right, remedy, power, or privilege.

  • 1. Interpretation:
    • A. Definitions: In these Terms of Service and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:
      • 1. “Affiliate” means, in relation to either Party, a direct or indirect subsidiary of the Party, a holding company of the Party, and any other subsidiary of that holding company;
      • 2. “AML” means anti-money laundering, including all Laws applicable to the Parties prohibiting money laundering or any acts or attempted acts to conceal or disguise the identity or origin of; change the form of; or move, transfer, or transport, illicit proceeds, property, funds, Fiat, or Digital Tokens, including but not limited to the promotion of any unlawful activity such as fraud, tax evasion, embezzlement, insider trading, financial crime, bribery, cyber theft or hack, narcotics trafficking, weapons proliferation, terrorism, or Economic Sanctions violations, which may also require internal controls to detect, prevent, report, and maintain records of suspected money laundering or terrorist financing;
      • 3. “Anti-Corruption” means all Laws applicable to each Party prohibiting corruption or bribery of Government Officials, kickbacks, inducements, and other related forms of commercial corruption or bribery;
      • 4. “Associates” means DCIC S.A. and each and every one of their respective shareholders, directors, officers, Affiliates, employees, contractors, agents, partners, insurers, and attorneys who or that are acting or performing or has acted or performed services for the benefit of or on behalf of the Site;
      • 5. “Controlling Person” means any Person who owns more than a 25 percent interest in any Person or affiliate;
      • 6. “Copyrights” has the meaning set out in paragraph 10 of these Terms of Service;
      • 7. “CPR Rules” has the meaning set out in paragraph 6 of these Terms of Service;
      • 8. “CRS” means the common reporting standard or the Standard for Automatic Exchange of Financial Account Information;
      • 9. “CTF” means counter-terrorist financing;
      • 10. “Digital Tokens” means a digital representation of value that functions as (i) a medium of exchange; (ii) a unit of account; (iii) a store of value, and/or (iv) other similar digital representations of rights or assets, which is neither issued nor guaranteed by any country or jurisdiction and does not have legal tender status in any country or jurisdiction, typically including blockchain-based assets or rights including sovereign cryptocurrency or virtual currency such as bitcoins, Litecoins, and ethers;
      • 11. “Digital Tokens Address” means an alphanumeric identifier that represents a potential destination for a Digital Tokens transfer, which typically is associated with a user’s Digital Tokens Wallet;
      • 12. “Digital Tokens Wallet” means a software application (or other mechanism) that provides a means for holding, storing, and transferring Digital Tokens, including a user’s Digital Tokens Address, Digital Tokens balance, and cryptographic keys;
      • 13. “Economic Sanctions” means financial sanctions, trade embargoes, export or import controls, anti-boycott, and restrictive trade measures enacted, administered, enforced, or penalized by any Laws applicable to you or the Site;
      • 14. “FATF” means the Financial Action Task Force;
      • 15. “FIA” means the Financial Investigation Authority of the Government of the Panama;
      • 16. “Fiat” means the money or currency of any country or jurisdiction that is:
        • 1. designated as legal tender; and,
        • 2. circulated, customarily used, and accepted as a medium of exchange in the country or jurisdiction of issuance;
      • 17. “Government” means any national, federal, state, municipal, local, or foreign branch of government, including any department, agency, subdivision, bureau, commission, court, tribunal, arbitral body, or other governmental, government appointed, or quasi-governmental authority or component exercising executive, legislative, juridical, regulatory, or administrative powers, authority, or functions of or pertaining to a government instrumentality, including any parasternal company, or state-owned (majority or greater) or controlled business enterprise;
      • 18. “Government Approval” means any authorization, license, permit, consent, approval, franchise, concession, lease, ruling, certification, exemption, exception, or waiver by or with any Government necessary to conduct the business of either Party or the execution and delivery of the Services under this Terms of Service;
      • 19. “Government Official” means an officer or employee of any Government, a director, officer, or employee of any instrumentality of any Government, a candidate for public office, a political party or political party official, an officer or employee of a public international organization, and any Person who is acting in an official capacity for any of the foregoing, even if such Person is acting in that capacity temporarily and without compensation;
      • 20. “Laws” means all laws, statutes, orders, regulations, rules, treaties, and/or official obligations or requirements enacted, promulgated, issued, ratified, enforced, or administered by any Government that apply to you or the Site;
      • 21. “Losses” has the meaning set out in paragraph 12 of these Terms of Service;
      • 22. “Marks” has the meaning set out in paragraph 8 of these Terms of Service;
      • 23. “Member State” ” means any member state of the European Union ("EU") or any other state in Eastern and Western Europe, Asia, Africa, Australia, North and South America and Oceania;
      • 24. “Person” includes an individual, association, partnership, corporation, other body corporate, trust, estate, and any form of organization, group, or entity cognizable as legal personalities;
      • 25. “Prohibited Jurisdictions” means Cuba; Democratic People’s Republic of Korea (North Korea); Iran; Pakistan; Syria; the Government of Venezuela; and Crimea;
      • 26. “Prohibited Use” has the meaning set out in paragraph 8 of these Terms of Service;
      • 27. “Regulated Market” means a regulated market as defined in the Directive 2004/39/EC of 21 April 2004 on markets in financial instruments (Directive 2004/39/EC), namely a market which appears on the list of the regulated markets drawn up by each Member State, which functions regularly, is characterized by the fact that regulations issued or approved by the competent authorities define the conditions for the operation of the market, the conditions for access to the market and the conditions that must be satisfied by a financial instrument before it can effectively be dealt in on the market, requiring compliance with all the reporting and transparency requirements laid down by the Directive 2004/39/EC and any other market which is regulated, operates regularly and is recognized and open to the public in a Member State;
      • 28. “Reserves” means the Fiat value of any
        • A. transferable securities and money market instruments admitted to or dealt in on a Regulated Market, as defined in Article 4 point 1 (14) of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004;
        • B. transferable securities and money market instruments dealt in on another Regulated Market in a Member State which operates regularly and is recognized and open to the public;
        • C. transferable securities and money market instruments admitted to official listing on a stock exchange in a non-Member State or dealt in on another regulated market in a non-Member State of the European Union which operates regularly and is recognized and open to the public, provided that the choice of the stock exchange or the market being located within any European, American, Asian, African, Australasian or Oceania country;
        • D. units of UCITS authorized according to Directive 2009/65/EC and / or other UCIs within the meaning of Article 1, paragraph (2) points a) and b) of Directive 2009/65/EC
        • E. deposits with credit institutions which are repayable on demand or have the right to be withdrawn, and maturing in no more than twelve months, provided that the credit institution has its registered office in a Member State or, if the registered office of the credit institution is situated in a non-Member State, provided that it is subject to prudential rules considered by the FINMA as equivalent to those laid down in Community law
        • F. financial derivative instruments, including equivalent cash-settled instruments, dealt in on a regulated market referred to in sub-paragraphs (a), (b) and (c); and / or financial derivative instruments dealt in over-the-counter.
        • G. precious metals or certificates representing them
        • H. ancillary liquid assets
        • I. receivables from loans made by DeCash to third parties, which may include affiliated entities;

        that are deposited with an authorized custodian bank or stipulated with third parties from time to time.
      • 29. “Sanctions List” means the “Specially Designated Nationals and Blocked Persons” (“SDN”) List”, any other foreign terrorist organization or other sanctioned, restricted, or debarred party list published by the FIA, or under Economic Sanctions, AML, or CTF Laws of or by Governments of the United States, the Government of the Panama, the United Nations, or any other jurisdiction or Government, as applicable to you or to the Site, as amended, supplemented, or substituted from time to time;
      • 30. “Sanctioned Person” refers to any Person or Digital Tokens Address that is: (i) specifically listed in any Sanctions List; or (ii) directly or indirectly owned 50 percent or more by any Person or group of Persons in the aggregate, or a Digital Tokens Wallet associated with such Person or Persons, referred to in any Sanctions List, or Government or Government Official of any Prohibited Jurisdiction, and (iii) that is not subject to any Government Approval or otherwise not sanctioned, restricted, or penalized under applicable Laws;
      • 31. “Terms of Service” means these terms and conditions of service, as they may be changed, amended, or updated from time to time.
      • 32. “DeCash” means DCIC S.A., a company incorporated under the laws of the of the Panama.
      • 33. “DeCash token” means the DeCash Digital Token issued and redeemed by DeCash;
      • 34. “you” or “your” means the user.
    • B. Headings: The headings and sub-headings in these Terms of Service are for ease of reference only and are not to be taken into account in the construction or interpretation of any provision or provisions to which they refer.
    • C. Extended Meanings: Unless otherwise specified in these Terms of Service, words importing the singular include the plural and vice versa and words importing gender include all genders.
    • D. Governing Law: These Terms of Service shall be governed by and construed and enforced in accordance with the Laws of the Government of the Panama. and shall be interpreted in all respects as a Government of the Panama contract. Any dispute, controversy, claim or action arising from or related to your use of the Site or these Terms of Service likewise shall be governed by the Laws of the Government of the Panama, exclusive of choice-of-law principles.
  • 2. License to Use the Site: If you comply with these Terms of Service, DeCash grants you the limited right to use the Site and the Services. The right to use the Site and the Services is a personal, restricted, non-exclusive, non-transferable, non-sublicensable, revocable, limited license, and it is subject to the limitations and obligations in these Terms of Service. Nothing in these Terms of Service gives you any licence (other than as set out in this paragraph), right, title, or ownership of, in, or to the Site, any of the Services, the Copyrights or the Marks. The Site may suspend or terminate the Services to you, your Digital Tokens Wallet, or to any of your Digital Tokens Address at its sole discretion, as required by applicable Laws or where DeCash determines that you have violated, breached, or acted inconsistent with any of these Terms of Service.
  • 3. About DeCash Tokens; General Restrictions: DeCash issues DeCash Tokens. The Reserve’s objective is to back-up the Fiat equivalent value of the issued DeCash Token. However and for the avoidance of doubt, there is no contractual obligation between DeCash and DeCash Token holder on the Fiat equivalent value of the Reserve nor there is any contractual obligation between DeCash and DeCash Token holder on the assets in-kind of the Reserve. DeCash Token holder do not have any contractual right to claim the Fiat equivalent value of the Reserve nor they have any right to claim the assets as in-kind of the Reserve. The Reserve is not a pooled account for DeCash Token holder. The composition, the use and the disposal of the Reserve is at sole and absolute discretion of DeCash. DeCash Tokens are denominated in a range of Fiat. DeCash Tokens are not Fiat themselves. DeCash will not issue DeCash Tokens for consideration consisting of the Digital Tokens (for example, bitcoin); only money will be accepted upon issuance. In order to cause DeCash Tokens to be issued directly by DeCash, you must be a verified customer of DeCash. No exceptions will be made to this provision. The right to have DeCash Tokens issued is a contractual right personal to you. DeCash reserves the right to delay or to cancel at its own discretion the redemption or withdrawal of DeCash Tokens. DeCash reserves the right to redeem DeCash Tokens by in-kind redemptions of securities and other assets held in the Reserves. DeCash makes no representations or warranties about whether the Fiat equivalent value of the issued DeCash Tokens are backed by the Reserve. DeCash makes no representations or warranties about whether DeCash Tokens that may be traded on the Site may be traded on the Site at any point in the future, if at all.
    • The following Persons are prohibited from depositing to, or withdrawing from, any Digital Tokens Wallet on the Site: Persons domiciled or ordinarily resident in, certain nationals of, or the Governments or Government Officials of Prohibited Jurisdictions;
  • 4. Trading markets in Digital Tokens are volatile and shift quickly in terms of price, liquidity, market depth, and trading dynamics. Digital Tokens also are subject to cybersecurity risk, including the risk of a cyberattack or breach. You are solely responsible and liable: for any and all trading and non-trading activity on the Site and for your Digital Tokens Wallet on the Site; and, for knowing the true status of your DeCash Tokens on the Site, even if presented incorrectly by the Site at any time. You acknowledge and agree: (i) to be fully responsible and liable for your trading and non-trading actions and inactions on the Site and all gains and losses sustained from your use of the Site and any of the Services; (ii) to be fully responsible for safeguarding access to, and any information provided through, the Site and any of the Services, including, but not limited to, Digital Tokens Wallet, Digital Tokens Address, private keys, usernames, passwords, and bank account details; and (iii) that DeCash does not have control of, or liability for, any products or services that are purchased or sold by third parties using the Site and any of the Services. Digital Tokens in a given Digital Tokens Wallet or other wallet or address are controlled by your private key and Digital Tokens in a Digital Tokens Wallet or other wallet or address may be stolen or lost and otherwise unrecoverable if the private key is compromised or lost. You further acknowledge and agree that DeCash is not liable for any losses or issues that may arise from third-party transactions, including, but not limited to, legality (including any consequences for illegal transactions that may be triggered under these Terms of Service), quality, delivery, or satisfaction with any products purchased by means of a Digital Token transfer. In the event that you are not satisfied with any goods or services purchased from, or sold to, a third party using the Services, you must handle those issues directly with the third-party seller or buyer, as applicable. Digital Tokens may be compatible with third-party software or other technology provided by a third party. DeCash does not guarantee the security or functionality of third-party software or technology and is not liable for losses of Digital Tokens due to the failure or malfunction of third-party software or technology.
  • 5. Resolution of Disputes:

    Any dispute, claim, controversy or action arising out of or related to (a) the Terms of Service or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your account(s), the operations and Services of the Site, or (c) your access to or use of the Services at any time, shall be subject to the exclusive jurisdiction of the courts of the Government of the Panama. For the avoidance of doubt, and without limiting the generality of the foregoing, this provision expressly applies to any claim, whether in tort, contract or otherwise, against DeCash. You irrevocably and unconditionally agree and consent to the jurisdiction and venue of the courts of the Government of the Panama, and you waive any objections thereto, including under the doctrine of forum non conveniens or other similar doctrines. You and DeCash agree that any Party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No adjudicator may consolidate or join more than one Person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any one DeCash user cannot and may not affect any other DeCash users.
  • 6. JURY TRIAL WAIVER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING OF ANY KIND WHATSOVER ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR ANY BREACH THEREOF, ANY USE OR ATTEMPTED USE OF THE SITE OR THE SERVICE BY YOU, AND/OR ANY OTHER MATTER INVOLVING THE PARTIES.
  • 7. Prohibited Uses: You may not:
    • A. use the Site or any Services in order to disguise the origin or nature of illicit proceeds of, or to further, any breach of applicable Laws, or to transact or deal in, any contraband Digital Tokens, Fiat, funds, property, or proceeds;
    • B. use the Site or any Services if any applicable Laws, including but not limited to AML Laws, CTF Laws, Anti-Corruption Laws, Economic Sanctions Laws, prohibit, penalize, sanction, or expose the Site to liability for any Services furnished or offered to you or any of your Digital Tokens Wallet(s) or Digital Tokens Address(es) under these Terms of Service;
    • C. use the Site or any of the Services, or any financial services of any U.S. Financial Institution, whether or not an Affiliate or Associate of DeCash, to facilitate, approve, evade, avoid, violate, attempt to violate, aid or abet the violation of, or circumvent any applicable Laws, including but not limited to AML Laws, CTF Laws, Anti-Corruption Laws, and Economic Sanctions Laws;
    • D. use the Site or any Services to evade taxes under the Laws of the Government of the Panama, the United States, or any other jurisdiction(s) applicable to you or the Site;
    • E. use the Site or any Services with anything other than Fiat, funds, keys, property, or Digital Tokens that have been legally obtained by you and that belong to you;
    • F. use the Site or any Services to interfere with or subvert the rights or obligations of DeCash or the rights or obligations of any other Site user or any other third party or cause legal liability for DeCash or other Site user;
    • G. take advantage of any technical glitch, malfunction, failure, delay, default, or security breach on the Site;
    • H. use the Site or any Services to engage in conduct that is detrimental to DeCash or to any other Site user or any other third party;
    • I. use the Site or any Services to: (i) engage or attempt to engage in wash trading, spoofing, fictitious trading or price manipulation; (ii) enter orders or quotes in any Digital Token market with the intent to disrupt, or with reckless disregard for the adverse impact on, the orderly conduct of trading or the fair execution of transactions; or (iii) enter orders or quotes in any Digital Token market with the intent of creating the false impression of market depth or market interest;
    • J. falsify any account, Digital Tokens Wallet, or Digital Tokens Address registration, exchange, or administration details provided to DeCash, impersonate another Person or misrepresent your affiliation with a Person;
    • K. falsify or materially omit any information or provide misleading or inaccurate information requested by DeCash, including at registration or during the course of administering any Services to you;
    • L. cause injury to, or attempt to harm, DeCash or any third party through your access to the Site or any Services;
    • M. have more than one account and more than one Digital Tokens Wallet on the Site, or use any Digital Tokens Wallet on a one-time, ‘throwaway’ basis; any such additional Digital Tokens Wallets or one time ‘throwaway’ Digital Tokens Wallet may be terminated or suspended at the absolute discretion of DeCash;
    • N. where you are subject to prohibitions or restrictions as set forth in paragraph 3, access the Site or use any Services utilizing any virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising your IP address or location, or access the Site or use any Services using a Digital Tokens Address in or subject to the jurisdiction of any Prohibited Jurisdiction or Government or Government Official thereof; or,
    • O. violate, cause a violation of, or conspire or attempt to violate these Terms of Service or applicable Laws.
  • 8. Intellectual Property:
    • A. The trademarks, service marks, and trade names, including both word marks and design marks (the “Mark(s)”) are the property of DCIC S.A. or other third parties. You agree not to appropriate, copy, display, or use the Marks or other content without express, prior, written permission from DCIC S.A. or the third-party owner of the Marks, including without limitation, as a domain name, as social media profile/handle, on a website, in an advertisement, as or in connection with a phone number, as or in connection with an email address, in Internet search results, in meta data or code, or in any other manner;
    • B. Unless otherwise indicated, all materials on the Site are copyrighted by, and owned exclusively by, DCIC S.A. (“Copyrights”). DCIC S.A. reserves all rights in its Copyrights. You agree not to appropriate, copy, display, or use the Copyrights or other content without express, prior, written permission from DCIC S.A.;
    • C. You may link to the Site’s homepage or other pages, provided you do so in a way that is fair and legal and does not damage DeCash’s 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 DeCash’s part without prior, express, written consent;
    • D. The Site may provide certain social media features that enable you to link, send communications, or display certain content from the Site. You may use these features solely as they are provided by DeCash. You may not establish a link from any website that is not owned by you, cause the Site or portions of it to be displayed on or by any other site (for example, framing, deep linking, or in-line linking), or otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms; and
    • E. The Site and Services are owned by DeCash, its licensors, or other providers, and are protected by copyright, trademark, and other intellectual property or proprietary rights laws in various jurisdictions. All rights not expressly granted to you in these Terms are reserved by DeCash. Except as expressly authorized by DeCash or its licensors, you will not (a) license, sublicense, rent, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Site or Service in any way; (b) copy, modify, republish, distribute, or make derivative works based upon the Site or Service; (c) “frame” or “mirror” the Site or Service on any other server or wireless or Internet-based device; or (d) reverse engineer or access the Site or its Services in order to (i) build a competitive product or service, (ii) build a product or service using similar ideas, features, functions, or graphics of the Site or Service, or (iii) copy any ideas, features, functions, or graphics of the Site or Service.
  • 9.Your Representations & Warranties: You represent and warrant to DeCash as follows:
    • A. that, if you are an individual user, you are 18 years of age or older and that you have the capacity to contract under applicable Laws;
    • B. that, if you are registering to use the Site on behalf of a legal entity, (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf;
    • C. that you understand the risks associated with using the Site, that you are not prohibited or restricted from using the Site by paragraph 3 of these Terms, and that you are not otherwise prohibited by applicable Laws from using the Site;
    • D. that you will not use the Site or any Services in order to conceal or disguise the origin or nature of proceeds of crime or terrorist financing, or blocked property, frozen assets, economic resources, or corruption related to any Person or Government Official under any applicable Laws, or to further any breach of applicable AML Laws or CTF Laws, or to deal in any unlawful Digital Tokens, Fiat, property, funds, or proceeds;
    • E. that you will not trade or obtain financing on the Site or use any Services with anything other than Fiat, funds, or Digital Tokens that have been legally obtained by you and that belong to you;
    • F. that, to the extent not penalized by or in conflict with the laws of the Panama, you are currently in compliance with, and must, at your own cost and expense, comply with all Laws that relate to or affect the Services conducted under these Terms of Service, including but not limited to AML Laws, CTF Laws, Anti-Corruption Laws, Economic Sanctions Laws, or tax Laws, including FATCA and CRS;
    • G. that you consent to any and all tax and information reporting under AML Laws, CTF Laws, Anti-Corruption Laws, Economic Sanctions Laws, or tax Laws, including FATCA and CRS, as DeCash may reasonably determine;
    • H. that neither you nor any of your Affiliates shall use any Digital Tokens, Fiat, property, proceeds or funds subject to the Services of the Site directly or indirectly (i) on behalf of or for the benefit of a Sanctioned Person or any Person subject to the jurisdiction of a Prohibited Jurisdiction, except where authorized under any Government Approval or not restricted by applicable Laws; (ii) in violation of or as prohibited, restricted, or penalized under applicable Economic Sanctions Laws; or (iii) in any way that would violate, be inconsistent with, penalized under, or cause the omission of filing of any report required under applicable AML Laws, CTF Laws, or Economic Sanctions Laws;
    • I. that you have not (i) violated; (ii) been fined, debarred, sanctioned, the subject of Economic Sanctions-related restrictions, or otherwise penalized under; (iii) received any oral or written notice from any Government concerning actual or possible violation by you under; or (iv) received any other report that you are the subject or target of sanctions, restrictions, penalties, or enforcement action or investigation under, any applicable Laws, including AML Laws, CTF Laws, Anti-Corruption Laws, or Economic Sanctions Laws;
    • J. that neither you nor any of your Affiliates is: (i) itself or owned or controlled by a Sanctioned Person; (ii) involved in any transaction, transfer, or conduct, whether or not by using or receiving the Services from any Digital Tokens Wallet or Digital Tokens Address, that is likely to result in you or your Affiliates becoming a Sanctioned Person; or (iii) residing or domiciled in, or transferring Digital Tokens, Fiat, funds, or property to, from, or through any Digital Tokens Wallet, Digital Tokens Address, or other account in, a Prohibited Jurisdiction or Government or Government Official of a Prohibited Jurisdiction;
    • K. that neither you nor any of your Affiliates has directly or indirectly offered, promised, given, or authorized any payment, or offered, promised, given, or authorized the giving of anything else of value, including any Digital Tokens, to a Government Official or individual employed by another entity in the private sector in violation of any applicable Anti-Corruption Laws;
    • L. that you will not falsify any Digital Tokens Wallet registration or administration details provided to DeCash;
    • M. that you will not falsify or materially omit any information or provide misleading or inaccurate information requested by DeCash in the course of, directly or indirectly relating to, or arising from your activities on the Site or use of any Services, including at registration or during administration or other due diligence processes, and that if any information provided to DeCash becomes incorrect, you will promptly provide corrected information to DeCash;
    • N. that any instructions received or undertaken through your login credentials or from your authorized e-mail address on file with DeCash are deemed to be valid, binding, and conclusive, and that DeCash may act upon those instructions without any liability or responsibility attaching to it;
    • O. that you will fairly and promptly report all income associated with your activity on the Site pursuant to applicable Laws and pay any and all taxes exigible thereon; and
    • P. that you will accurately and promptly inform DeCash if you know or have reason to know whether any of the foregoing representations or warranties no longer is correct or becomes incorrect.
  • 10.No Representations & Warranties by DeCash: DeCash makes no representations, warranties, or guarantees to you of any kind. The Site and the Services are offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose. DeCash may also provide access to features or services that are identified as “beta” or pre-release. Without limiting the preceding sentences in this paragraph, you understand that such services are still in development, may have bugs or errors, may be feature incomplete, may materially change prior to a full commercial launch, or may never be released commercially.
  • 11. No Advice: DeCash does not provide any investment advice or advice on trading techniques, models, algorithms, or any other schemes.
  • 12.Limitation of Liability & Release: Important: Except as may be provided for in these Terms of Service, DeCash assumes no liability or responsibility for and shall have no liability or responsibility for any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses (collectively, referred to herein as “Losses”) directly or indirectly arising out of or related to:
    • A. these Terms of Service;
    • B. the Site, and your use of it;
    • C. the Services, and your use of any of them;
    • D. any inaccurate, misleading, or incomplete statement by DeCash or on the Site regarding your Digital Tokens Wallet, whether caused by DeCash’s negligence or otherwise;
    • E. any failure, delay, malfunction, interruption, or decision (including any decision by DeCash to vary or interfere with your rights) by DeCash in operating the Site or providing any Service;
    • F. any stolen, lost, or unauthorized use of your Digital Tokens Wallet information, any breach of security or data breach related to your Digital Tokens Wallet information, or any criminal or other third party act affecting DeCash or any Associate; or,
    • G. any offer, representation, suggestion, statement, or claim made about DeCash, the Site, or any Service by any Associate;
    • H. any delay or cancellation of the redemption of the DeCash Token or any delay in withdrawal, or loss of value of DeCash Tokens or the the loss of Fiat value of Reserves serving the backing the Fiat equivalent value of the issued DeCash token,
    • I. another Person using your Digital Tokens, Digital Tokens Wallet, account or password, with or without your knowledge.You hereby agree to release the Associates from liability for any and all Losses, and you shall indemnify and save and hold the Associates harmless from and against all Losses. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, violation of law or regulation, or any other basis, even if the Associates have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.
      You hereby agree to release the Associates from liability for any and all Losses, and you shall indemnify and save and hold the Associates harmless from and against all Losses. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, violation of law or regulation, or any other basis, even if the Associates have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.
  • 13. No Waiver: Any failure by DeCash to exercise any of its respective rights, powers, or remedies under these Terms of Service, or any delay by DeCash in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by DeCash does not prevent either from exercising any other rights, powers, or remedies.
  • 14. Force Majeure: DeCash (or any bank, depository or service provider where our deposit accounts are held or Reserves are handled) is not responsible for damages caused by delay or failure to perform undertakings under these Terms of Service when the delay or failure is due to fires; strikes or labor disputes; riots; embargoes; floods; bank failures; Digital Token market collapse or fluctuations; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; Internet disruptions, viruses, and mechanical, power, or communications failures; security breaches or cyber attacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against or that are otherwise outside DeCash’s control. In the event of force majeure, DeCash is excused from any and all performance obligations and these Terms of Service shall be fully and conclusively at an end.
  • 15. Assignment: These Terms of Service, and any of the rights, duties, and obligations contained herein, are not assignable by you without prior written consent of DeCash. These Terms of Service, and any of the rights, duties, and obligations contained herein, are freely assignable by DeCash without notice or your consent. Any attempt by you to assign these Terms of Service without written consent is void.
  • 16. Severability: If any provision of these Terms of Service or part thereof, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attaches only to such provision to the extent of its illegality, unenforceability, invalidity, or voidness, as may be, and everything else in these Terms of Service continues in full force and effect.
  • 17. Sharing of Personal Information: From time to time, DeCash receives information requests from law enforcement agencies around the world. In this context, DeCash might be ordered to share and/or will provide on a voluntary basis, if this appears reasonable and necessary, your Personal Information with/to law enforcement agencies and/or a Government. You hereby consent to the sharing of your Personal Information as further detailed in these Terms of Service.
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