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Terms of Use

Last updated

30th August 2024

Welcome to Paycrest, Inc. ("the Company," "We," "Our"). These Terms of Use ("Terms") govern your access to and use of all products and services offered by Paycrest, Inc., including but not limited to Paycrest Protocol, noblocks.xyz, and any future offerings developed by the Company ("the Services"). When referring to a specific product or service in individual clauses, that product or service will be identified as "the Service" within the context of those clauses. By accessing or using any of these Services, you confirm that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, or if you are located in a region where access to a specific Service is restricted, please discontinue your use of that Service immediately. Continued access or use of the Services signifies your acceptance of these Terms and any updates or

Definitions

For the purposes of these Terms of Service, the following definitions apply:

Company: Refers to Paycrest, Inc., the entity that provides the Services described in these Terms.

Services: Encompasses all products and services provided by the Company, including but not limited to Paycrest Protocol, noblocks.xyz, and any future offerings developed by the Company.

Service: Refers to an individual product or service provided by the Company, as specified in particular clauses of these Terms.

User: Any individual or entity that accesses or uses the Services provided by the Company.

Third-Party Providers: Entities or services that are not directly operated by the Company but are involved in the operation of the Services, including those providing technological support, identity verification, and other related functions.

Transaction: Any action initiated through the Services that involves the transfer or exchange of value, whether in cryptocurrency or other forms.

Provider: The decentralized system or group of entities involved in the processing, conversion, or transfer of value within the scope of the Services.

Recipient: The individual or entity designated to receive the outcome of a transaction initiated through the Services.

1. Introduction

1.1 Services Overview

Paycrest, Inc. ("the Company") provides a suite of decentralized financial Services built on blockchain technology. Our primary offering, Paycrest Protocol, is a decentralized network designed to securely and efficiently route payment instructions to liquidity provision nodes. Paycrest Protocol enables various Services to interact with a global decentralized financial infrastructure.

One of the Services built on top of Paycrest Protocol is noblocks.xyz, an interface that allows senders create payment intents for Paycrest Protocol. noblocks.xyz leverages the underlying Paycrest Protocol for all interactions, ensuring transparency, security, and efficiency.

Paycrest, Inc. may develop and release additional products or Services in the future, all of which will utilize the core functionality of Paycrest Protocol or operate in conjunction with its decentralized infrastructure.

These Terms of Use govern your access to and use of all Paycrest, Inc. products, including Paycrest Protocol, noblocks.xyz, and any future Services developed by Paycrest, Inc. ("the Services"), except where we expressly state that separate terms (and not these) apply.

1.2 Legal Entity

Paycrest, Inc. which is registered in Delaware, is the official legal entity accountable for delivering and managing the Services. It is important to note that the Services do not operate as independent legal entities. Instead, they are products developed and provided by the Company, which means all legal responsibilities and obligations related to the Services are held by the Company.

2. Eligibility

2.1 User Requirement

To use the Services, you must meet the following criteria:

a. Age Requirement: You must be at least 18 years old, or of legal age in your jurisdiction, to enter into a legally binding agreement.
b. Legal Capacity: You must have the legal capacity and authority to enter into and be bound by these Terms. This means you are not barred by any laws or regulations from using the Services.
c. Compliance with Laws: You must comply with all applicable local, national, and international laws, regulations, and guidelines related to the use of the Services, including any financial and anti-money laundering regulations.
d. Account Accuracy: When using the Services, you agree to provide accurate, current, and complete information, and to update this information as necessary to ensure it remains accurate.

2.2 Restrictions for Users of noblocks.xyz

a. Geographical Restrictions : noblocks.xyz is available in most countries worldwide, with the exception of certain restricted locations. The Service is not available in the following regions:

I. United States: noblocks.xyz is not available to users located in the United States.
II. Countries Flagged for Terrorism Concerns: noblocks.xyz is not available in countries that are flagged by the United States for being prone to terrorism. These countries include, but are not limited to, those listed by the U.S. Department of State or the Office of Foreign Assets Control (OFAC) including North Korea, Iran, Syria, Sudan, Afghanistan, Iraq, Libya, Yemen. The list of restricted countries may be updated periodically in accordance with global sanctions and regulations. Please confirm that your country is not on the prohibited list before proceeding to use the Services.

b. Politically Exposed Persons (PEPs) :

I. To ensure compliance with international standards and to prevent potential misuse of the Services, the Company imposes restrictions on transactions involving Politically Exposed Persons (PEPs). A Politically Exposed Person is defined as an individual who holds, or has held, a prominent public position or role, including but not limited to Heads of State or Government, Senior politicians, Senior executives of state-owned enterprises, High-ranking military officials, Senior judicial officials, Senior executives of international organizations, Immediate family members or close associates of any of the above.
II. The Company reserves the right to conduct enhanced scrutiny and may impose additional requirements or restrictions on transactions involving PEPs. If a User is identified as a PEP, or if a transaction is associated with a PEP, the Company may suspend or refuse to process the transaction, and may take any other actions deemed necessary to comply with applicable laws and regulations. III. Users are required to disclose if they are a PEP or if their transaction involves a PEP. Failure to provide accurate information or to comply with this restriction may result in the suspension or termination of access to the Services.

2.3 Disclaimer of Liability for Users of noblocks.xyz

By accessing or using noblocks.xyz, you acknowledge and agree to the following:

a. Restricted Access: You affirm that you are not located in the United States or any other prohibited country. Accessing or using the Service from any restricted locations is not authorized.
b. Responsibility: Paycrest, Inc., a company registered in Delaware, disclaims all responsibility and liability for any consequences, including but not limited to legal or regulatory issues, that may arise from accessing or using the Service from a restricted location. Users who access the Service from these regions do so at their own risk.
c. Compliance: It is your sole responsibility to ensure that your use of the Service complies with all applicable laws and regulations in your country of residence. Paycrest, Inc. will not be liable for any violations of local laws or regulations resulting from unauthorized access or use of the Service. d. By continuing to use noblocks.xyz, you agree to these terms and confirm that you comply with the geographical restrictions outlined above.

2.4 By using the Services, you represent and warrant that you meet these requirements and that you will comply with all applicable laws and regulations.

2.5 Wallet Connection

To fully access and utilize the Services, you must connect your cryptocurrency wallet. The Services operate in a decentralized manner, and no traditional account registration is required. Instead, your wallet serves as your access point to the Services. By connecting your wallet, you acknowledge and agree to the following responsibilities:

a. Accuracy of Wallet Information: You agree to connect a valid and secure wallet to the Services. The information linked to your wallet, including wallet address and private keys, must be accurate and under your control.
b. Security of Wallet: You are responsible for safeguarding your wallet credentials, including private keys and seed phrases. Any activity that occurs through your wallet is your responsibility. The Company is not liable for any unauthorized access to your wallet.
c. Compliance with Legal Requirements: While the Services do not require traditional account registration, you agree to comply with any legal or regulatory requirements, including Know Your Customer (KYC) obligations that may arise through third-party providers.
d. Third-Party Verification: The Company reserves the right to verify wallet activity through third-party tools or providers to ensure compliance with our policies or legal requirements.
e. Failure to comply with these requirements may result in restricted access to the Services or suspension of your ability to conduct transactions.

2.6 User Responsibility

You are solely responsible for ensuring the accuracy of all recipient information provided during a transaction. The Company is not liable for any errors or losses resulting from incorrect or incomplete information.

3. Use of the Services

3.1 You are permitted to use the Services solely for lawful purposes and in compliance with these Terms. This means you agree to adhere to all relevant local, national, and international laws, regulations, and guidelines while using the Services. Specifically, you agree:

a. Not to use the Services in any manner that would breach any applicable laws, regulations, or legal obligations in your jurisdiction or in the jurisdiction of the recipient.
b. Not to engage in any activity through the Services that is fraudulent, unlawful, or harmful to others, including but not limited to, money laundering, terrorist financing, or any other illegal activities.
c. To use the Services in a manner that is ethical and respectful of others’ rights, ensuring that your use of the Services does not infringe upon the legal rights of any individual, organization, or entity.
d. Not to engage in any activity that could damage, disable, or impair the Services.
e. Not to attempt to gain unauthorized access to any portion of the Services, including user wallets, computer systems, or networks.
f. Not to contravene any financial regulations, including those related to currency control, sanctions, and anti-money laundering (AML) laws in your use of the Services.

3.2 By using the Services, you agree to use it responsibly and in accordance with all applicable laws and regulations. Any misuse of the Services that violates these guidelines may result in the suspension or termination of your account, as well as potential legal action.

4. Use of noblocks.xyz Service

4.1 When you initiate a transaction through the Service, your digital assets are transferred to a Gateway smart contract, where they are securely held in escrow. The assets remain in escrow until there is a confirmation of receipt of the equivalent funds from the payment service provider. Once the local currency transfer is successfully validated, the assets are released from escrow to a decentralized network of provision nodes. These nodes, which maintain reserves in local currency, are responsible for the transfer of value to the recipient. This ensures that the recipient receives their funds seamlessly, while your cryptocurrency remains secure until the process is complete.

4.2 Transaction Timing

Transactions initiated through the Service are typically completed within 30 seconds. However, actual completion times may vary due to factors beyond the Company’s control, such as network congestion, variations in blockchain confirmation times, or unforeseen delays within the peer-to-peer network. While the Service is designed to enable rapid transactions, these external factors may occasionally cause delays.

4.3 Transaction Limits and Refunds

While the Service does not enforce specific transaction limits, successful completion of transactions is contingent upon the availability of sufficient liquidity across the network of provision nodes. If the liquidity necessary to complete a transaction is unavailable at the time of execution, the cryptocurrency escrowed for the transaction will be promptly refunded to your wallet. The Company makes no guarantees regarding the availability of liquidity and shall not be liable for any delays or interruptions resulting from insufficient liquidity.

4.4 Value Conversion

The value applied to your transaction is determined at the moment of conversion from digital assets to local value. This value is calculated based on the current market conditions and rates provided by the providers in the network. Please be aware that value can change rapidly due to market dynamics, such as supply and demand, economic events, and regulatory updates. While the Company strives to use accurate and current rates, we do not control market fluctuations that may occur between the initiation of a transaction and its completion. Consequently, the Company cannot guarantee that the value applied will be the most favorable or advantageous to the User. The User acknowledges and accepts that the value of digital assets may vary significantly in short periods, and the Company is not liable for any losses or perceived disadvantages resulting from these fluctuations. Additionally, once the transaction is initiated, the value applied is final and cannot be contested or adjusted.

4.4 Costs and Donations

The Service is designed to be free to use. However, the Company may collect contributions to support the ongoing operation and development of the Services. Any contributions required for using the Services, including transaction-related costs, will be clearly disclosed to you before you complete each transaction. This ensures that you are fully informed of any potential costs associated with your transaction before proceeding. The Company reserves the right to adjust these contributions at any time, with or without notice.

5. Terms for Providers

5.1 Engagement with Providers

Providers are third-party entities that supply rates and facilitate the conversion of digital assets to local value within the network. By participating in the network, Providers agree to adhere to the terms and conditions set forth by the Company and to operate in compliance with applicable laws and regulations.

5.2 Responsibilities of Providers

Providers are responsible for delivering accurate and timely information regarding rates and availability of local value. Providers must ensure that their operations do not interfere with the functionality of the Service or compromise its integrity.

5.3 Obligations of Providers

Providers agree to maintain the confidentiality of all transaction data and user information. They are required to promptly address any issues or discrepancies related to transactions and to cooperate with the Company in resolving disputes or addressing user concerns.

5.4 Limitations and Liability

The Company is not liable for any actions or omissions by Providers. Providers are solely responsible for the quality of their services and any issues arising from their operations. The Company disclaims any responsibility for losses or damages resulting from Provider actions.

5.5 Termination and Suspension

The Company reserves the right to terminate or suspend the engagement of any Provider that fails to comply with these Terms or engages in conduct that is detrimental to the Service. Such actions may be taken at the sole discretion of the Company.

5.6 Changes and Updates

The Company may update the terms and conditions applicable to Providers from time to time. Providers will be notified of any changes, and continued participation in the network will signify acceptance of the revised terms.

5.7 Third-Party Involvement

a. The Services utilize third-party providers within a peer-to-peer network to handle key aspects of value conversion, fund transfers, and identity verification. These third parties, which may include individual providers, blockchain technologies, privacy solutions, or identity verification services, play a critical role in ensuring that the digital assets you send are converted into the recipient’s local value, delivered appropriately, and that all necessary identity verification processes are completed.

b. While the Company strives to collaborate with reliable and trustworthy third-party providers, you acknowledge and agree that the Company cannot control, and is not responsible for, the actions, decisions, or omissions of these third party providers.. This includes any delays, errors, or other issues that may arise during the value conversion, fund transfers, or identity verification processes due to third-party involvement. By using the Services, you accept the inherent risks associated with third-party providers and agree that the Company shall not be held liable for any disruptions, compliance issues, or losses caused by these third party providers.

5.8 Third-Party Terms

When you use the Services, you may interact with or use offerings from third-party providers. These third-party services can include, but are not limited to, providers of blockchain technologies, privacy solutions, identity verification, and other entities involved in managing transactions or ensuring compliance. Please be aware that your use of these third-party services is subject to the additional terms and conditions set by those third parties. These additional terms and conditions may include specific rules or requirements that are separate from the terms governing the Services provided by the Company as follows:

a. You may be required to accept and comply with the terms and conditions imposed by third-party providers. These terms are not under the control of the Company and may affect your use of the Services.
b. The privacy practices of third-party providers may differ from those of the Company. The Company is not responsible for the collection, use, or disclosure of your personal information by these third party providers. It is advisable to review the privacy policies of any third-party providers you interact with.
c. The Company does not endorse or assume responsibility for the content, quality, or reliability of third-party providers. Any issues or disputes arising from your use of third-party providers should be addressed directly with the third party involved.
d. By using the Services, you acknowledge that you have read and understood the terms and conditions of any third-party providers you may encounter and agree that the Company is not liable for any issues arising from your interaction with these third party providers.

6. Use of Paycrest Protocol

6.1 Paycrest Protocol operates on a decentralized network that involves independent entities responsible for handling actions within the system. The Company does not control these entities or the transactions once they are initiated on the blockchain. By using Paycrest Protocol, you acknowledge that delays or interruptions may occur due to the nature of this decentralized structure, and the Company cannot resolve issues directly related to this setup.

6.2 The Company does not take custody of, store, or manage any assets. Paycrest Protocol allows for actions to be conducted via the network, but users remain in full control of their assets. The Company does not hold, secure, or oversee any cryptocurrency or fiat assets during the course of any actions performed through Paycrest Protocol.

6.3 Users are solely responsible for securing their digital wallets, private keys, and any access credentials when interacting with Paycrest Protocol. The Company is not liable for any loss, unauthorized access, or security breach involving your digital assets, whether caused by user error or third-party actions.

6.4 Paycrest Protocol allows independent entities to interact within the network by performing tasks related to the service. These entities operate independently and must comply with legal requirements in their respective locations. The Company is not responsible for the actions or failures of these entities within the network.

6.5 All transactions through Paycrest Protocol are irreversible once confirmed on the blockchain. Users must ensure the accuracy of their payment details before initiating any actions, as the Company cannot intervene or alter transactions after they are confirmed.

6.6 Paycrest Protocol is not registered with the U.S. Securities and Exchange Commission (SEC) or any other regulatory body, as it does not handle or manage user funds, custody assets, or facilitate any financial transactions. The Protocol operates as a decentralized network, where independent entities perform actions, and users maintain full control over their own assets. The Company does not engage in activities that would require registration with financial regulatory authorities.

6.7 Paycrest Protocol may impose fees for using the network, which are applied to transactions routed through the Protocol. These fees are determined by the Protocol's governance and are transparent, with the exact amount disclosed at the time a transaction request is submitted. The fees may vary depending on the network's conditions, operational costs, and other factors, but users will always have the opportunity to review and approve any applicable fees before proceeding with a transaction. The Company reserves the right to adjust the fee structure over time, but any changes will be clearly communicated through the relevant channels to ensure transparency.

7. Intellectual Property

7.1 Company IP

All intellectual property rights in the Services, including trademarks, logos, and content, are owned by Paycrest, Inc. You are granted a limited, non-exclusive, non-transferable license to use the Services solely for personal, non-commercial purposes. This means that you may use the Services for your personal use but not for any commercial activities, including but not limited to resale, redistribution, or any form of profit-making activities. Commercial applications are approved and managed through appropriate licensing agreements.

7.2 User Submissions

By submitting any materials to the Services, including but not limited to feedback, transaction data, or support requests, you grant the Company a worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, and distribute those materials. This license allows the Company to utilize the submitted materials for purposes related to the operation, maintenance, improvement, and promotion of the Services. This includes using the materials for internal analysis, customer support, marketing efforts, and ensuring legal compliance. The license ensures that the Company can effectively manage and enhance the Services while respecting and utilizing your contributions.

8. Privacy and Data Protection

8.1 Data Collection

Please refer to our Privacy Policy for information about how we collect, use, and share information from and/or about you ("Your Information"). By submitting Your Information through our Services, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure of Your Information in accordance with the Privacy Policy.

8.2 Data Security

a. The Company implements reasonable and appropriate technical and organizational measures to protect the limited data we retain. These measures are designed to protect this data from unauthorized access, use, disclosure, alteration, or destruction. However, despite these measures, no system can be completely secure. While we strive to safeguard the information we retain, we cannot guarantee absolute security. By using the Services, you acknowledge and accept that any data transmission carries inherent risks. The Company is not liable for any unauthorized access or use of the limited data we retain that occurs despite our efforts to protect it.
b. For information about how personal data is handled, please refer to the privacy policies of the third-party provider involved in processing personal data.

9. Security Measures and User Responsibility

9.1 The Company is committed to ensuring robust security for users and their transactions. Since our Services operate through cryptocurrency wallets, rather than traditional account setups, users must take specific steps to safeguard their wallets and transactions. These steps include:

a. Wallet Security: Keep your cryptocurrency wallet private keys and recovery phrases confidential. Do not share this information with anyone, as it is essential for accessing and managing your funds.
b. Strong Security Practices: Use strong, unique passwords for your wallet Services, and enable two-factor authentication (2FA) wherever possible.
c. Regular Monitoring: Frequently review your wallet and transaction history for any signs of unauthorized activity.
d. Phishing Awareness: Be cautious of phishing attempts and ensure that any communication requesting sensitive information is verified. The Company will never request your wallet keys or personal information through unsolicited messages.
e. Reporting Suspicious Activity: If you suspect any unauthorized access or suspicious activity involving your wallet, notify the Company immediately. While we strive to protect your data, no system can be entirely immune to security risks.

9.2 You acknowledge that, despite our best efforts to enhance security, the ultimate responsibility for safeguarding your wallet and transactions lies with you.

10. Limitation of Liability

10.1 No Warranty

The Services are provided to you on an "as is" and "as available" basis. The Company makes no warranties, either express or implied, regarding the Services. This means:

a. The Services are offered in its current state, with all existing flaws and issues. The Company does not promise that the Services will be free from defects or problems.
b. The Services may not always be available without interruption. The Company does not guarantee continuous, error-free access or performance, and there may be occasional downtime, technical issues, or other disruptions.
c. The Company does not make any specific promises about the performance, quality, or functionality of the Services.
d. The Company also disclaims any implied warranties, including those of merchantability (that the Services will meet a certain level of quality) or fitness for a particular purpose (that the Services will be suitable for a specific use).
e. The Company does not guarantee that the Services will be free from viruses, malware, or other harmful components. While the Company implements security measures, it cannot ensure complete protection against security threats.
f. By using the Services, you acknowledge and agree that the Company is not liable for any issues or problems that may arise from the use of the Services, including but not limited to interruptions, errors, or security issues.

10.2 To the maximum extent permitted by applicable law, the Company will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, data, use, goodwill, or other intangible losses. This limitation of liability applies regardless of the cause of action, whether based on contract, tort (including negligence), strict liability, or any other legal theory, and even if the Company has been advised of the possibility of such damages. Specifically, the Company will not be liable for:

a. Use or Inability to Use the Services: Any damages arising from your use of, or inability to use, the Services. This includes any disruptions or issues that affect your ability to access or use the Services.
b. Unauthorized Access: Any damages resulting from unauthorized access to or use of our servers and any personal information stored on them. This includes breaches of security or data protection.
c. Interruption or Cessation of Transmission: Any damages caused by interruptions, delays, or failures in the transmission of data to or from the Services. This includes any disruptions in connectivity or Services availability.

11. Governing Law and Dispute Resolution

11.1 Governing Law: These Terms of Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

11.2 Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to these Terms of Service, including but not limited to their validity, breach, or termination, shall be resolved exclusively through binding arbitration. The arbitration shall be conducted in Delaware, in accordance with the rules of the American Arbitration Association (AAA). The arbitration proceedings shall be conducted in English. The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction. By agreeing to these Terms, you waive your right to bring any dispute to a traditional court of law, and agree that arbitration is your sole and exclusive remedy for resolving any disputes with the Company.

11.3 User Responsibility for Legal Compliance

a. You are solely responsible for ensuring that your use of the Services adheres to all applicable local laws, regulations, and guidelines. b. Given the global nature of the Services, it is important to recognize that different jurisdictions may have varying legal frameworks concerning the use of cryptocurrency and digital financial Services. You must take the necessary steps to understand and comply with the laws and regulations specific to your country of residence, as well as any other jurisdiction that may have authority over your transactions. c. Failure to comply with these legal requirements could result in penalties, fines, or legal actions from local authorities. The Company disclaims any responsibility for your failure to adhere to local laws and regulations. The Company also reserves the right to terminate or suspend your access to the Services if it is determined that you are engaging in illegal activities or you are in violation of any applicable laws or regulations.

11.4 Waiver of Class Actions and Jury Trial: You agree that any disputes will be resolved on an individual basis and not through class, consolidated, or representative actions. You also waive any right to a jury trial in any legal proceedings arising from or related to these Terms of Services.

11.5 Severability: If any provision of this clause is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision will be modified only to the extent necessary to comply with applicable law.

12. Modification to the Services and Terms

12.1 Changes to the Services

a. The Company retains the right to modify, suspend, or discontinue any aspect of the Services at its sole discretion, whether temporarily or permanently, and with or without prior notice. This may include changes to features, functionality, availability, or any other elements of the Services.
b. The Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services. Your continued use of the Services following any changes constitutes your acceptance of such modifications. If you do not agree with the changes, your sole remedy is to discontinue use of the Services.

12.2 Changes to the Terms

a. The Company reserves the right to modify or revise these Terms at any time. Any changes made will be reflected in an updated version of the Terms, which will be signified by a revised "Last Updated" date at the beginning of this document.
b. The Company may also provide additional notice of significant changes, but it is your responsibility to review the Terms regularly. By continuing to use the Services after the updated Terms have been posted, you agree to be bound by the revised Terms. If you do not agree with the changes, you must stop using the Services immediately.

13. Termination

13.1 Termination by the Company

a. The Company reserves the right to terminate or suspend your account and access to the Services at any time, with or without prior notice, and without any liability to you. This action may be taken for any reason, including but not limited to a violation of these Terms, suspected fraudulent activity, or any other conduct that the Company, in its sole discretion, deems harmful to the Services, its users, or its reputation.
b. Upon termination or suspension, your right to access the Services will immediately cease, and any data or information associated with your account may be deleted or rendered inaccessible.

13.2 Termination by You

a. You have the right to terminate your account and discontinue your use of the Services at any time. To do so, you must follow the instructions provided within the Services, which may include steps such as deactivating your account or contacting customer support.
b. Upon termination, your access to the Services will be immediately revoked, and any data or information associated with your account may no longer be accessible. It is recommended that you retrieve any necessary information before initiating termination.

13.3 Effect of Termination

Upon termination of your account, whether by you or by the Company, your right to access and use the Services will immediately end. However, all provisions of these Terms that are intended to survive termination, including but not limited to ownership rights, disclaimers of warranties, indemnities, and limitations of liability, will remain in full effect. Any data or information associated with your account may be deleted or become inaccessible, and the Company will have no obligation to preserve or provide you with such data.

14. Miscellaneous

14.1 These Terms, along with the Privacy Policy and any other legal notices or policies that the Company may publish on the Services, represent the complete and exclusive understanding and agreement between you and the Company concerning your use of the Services. They supersede and replace any prior or contemporaneous agreements, understandings, communications, or proposals, whether oral or written, between you and the Company regarding the Services. This means that no other terms, whether they are part of past discussions, emails, or any other communication, will alter or add to these Terms unless explicitly incorporated into these Terms by reference or amendment.

14.2 Severability

If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be deemed severed from the rest of these Terms. However, this severance will not affect the validity and enforceability of the remaining provisions, which will continue to be in full force and effect.

14.3 Waiver

No waiver of any term or condition of these Terms by the Company shall be considered a continuing waiver of that term or any other term, nor shall it be deemed a waiver of any subsequent breach of that term or any other term. Furthermore, if the Company chooses not to enforce any right or provision of these Terms at any time, this decision shall not be interpreted as a waiver of the Company’s right to enforce that provision or any other provision in the future. Each provision remains fully enforceable unless expressly waived in writing by the Company.