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Terms and Conditions

last updated May 23, 2023

PULSAR MONEY'S PLATFORM (HEREAFTER REFERRED TO AS THE "PLATFORM") AND ITS SERVICES (COLLECTIVELY, THE "SERVICES") ARE NOT AVAILABLE TO PERSONS OR ENTITIES WHO RESIDE IN, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN RESTRICTED TERRITORIES AS DEFINED BY PULSAR MONEY (COLLECTIVELY, "RESTRICTED PERSONS"). WE DO NOT MAKE EXCEPTIONS; THEREFORE, IF YOU ARE A RESTRICTED PERSON, DO NOT ATTEMPT TO USE THE PLATFORM OR THE SERVICES. USE OF A VIRTUAL PRIVATE NETWORK ("VPN") TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.

These terms and conditions ("Terms"), together with any documents, additional terms, policies, and disclaimers they expressly incorporate by reference, including any other terms and conditions or agreements that Astra Research, owner of Pulsar Money and its affiliates ("Pulsar Money," "we," "us," and "our") make publicly available or provide to you or the company or other legal entity you represent ("you" or "your") (collectively, these "Terms"), constitute a binding and enforceable legal contract between Pulsar Money and you concerning your use of, and access to, Pulsar Money's Platform and Services.

By using the Platform and Services, you agree that you have read, understood, and are bound by these Terms, as amended from time to time, and that you comply with the requirements listed herein. These Terms govern the access and use of the Platform and Services. Each time you use and/or access the Platform and Services, you irrevocably agree to comply with these Terms. If you do not agree to all of these Terms or comply with the requirements herein, please do not access or use the Services. It is your responsibility to check these Terms periodically for changes. The current version of these Terms is available at pulsar.money.

Pulsar Money reserves the right, at its sole discretion, to amend, change, modify, add, or remove portions of these Terms at any time. Your continued use of the Platform and Services following the published updates to the Terms will mean that you accept and agree to the changes.

Please note that specific Services offered by Pulsar Money may be subject to additional terms and conditions. In the event of any inconsistency between these Terms and the additional terms and conditions applicable to specific Services, the additional terms and conditions shall prevail.

Section 1: Introductory Notes

The Platform and associated services (collectively, the "Services") provide access to a decentralized protocol on the MultiversX Blockchain that allows users to exchange certain compatible crypto-assets (the "Protocol").

The Platform is one, but not the exclusive, means of accessing the Protocol. By using the Platform and Services, you understand and agree that the Platform does not control or operate any version of the Protocol on the MultiversX Blockchain. When using our Services, you acknowledge that you are not buying or selling any crypto-assets from us, and that we do not operate any liquidity pools on the Protocol or control trade execution on the Protocol. The Protocol is intended as a technological tool that may be used as part of your own self-directed virtual asset transaction workflows. We are not securities brokers/dealers, cryptoasset brokers/dealers, investment advisers, commodity trading advisors, or financial advisers, analysts, or planners of any kind. We are neither licensed nor qualified to provide investment or trading advice. The information contained within the Services is not an offer to buy or sell any cryptoassets, commodities, and/or securities. The Platform is not involved in any transactions, whether as an intermediary, counterparty, advisor, or otherwise third party. In particular, we are not a custodian or a counterparty to any transactions executed by you on the Protocol. We do not support any other service, particularly we do not provide any order matching, guaranteed prices, or similar exchange or trading platform services.

You must use a non-custodial wallet to interact with the MultiversX Blockchain. Your relationship with the non-custodial wallet provider is governed by the applicable terms of service of that third party, not these Terms. Wallets are not operated by, maintained by, or affiliated with us, and we do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents.

We reserve the right, in our sole discretion, to modify these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by providing notice through the Services or updating the "Last Updated" date at the top of these Terms. Unless we state otherwise in our notice, all such modifications are effective immediately, and your continued use of the Services after we provide that notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, then you must stop using the Platform and the Services.

Please read these Terms carefully, as they govern your use of the Services. These Terms expressly cover your rights and obligations, and our disclaimers and limitations of legal liability, relating to your use of, and access to, the Services. By clicking “I agree” (or a similar language) to these Terms, acknowledging these Terms by other means, or otherwise accessing or using the Services, you accept and agree to be bound by and to comply with these Terms. If you do not agree to these Terms, then you must not access or use the Services.

Pulsar Money offers blockchain solutions, consisting of an innovative suite of services that harness the power of digital assets. The platform's cutting-edge features span from simplifying token transactions to the seamless management of complex vesting schedules to social payments, payment links and further numerous web3 services.

A standout feature of Pulsar Money is Social Pay, a transformative approach to token transfer that integrates with social media platforms. With a focus on user convenience, Social Pay allows users to conduct token transfers on Twitter or other platforms, thereby breaking down traditional barriers associated with blockchain transactions. Alongside this, the Vesting module offers a comprehensive solution for token vesting. By ensuring token transfers are on-chain, it provides an enhanced level of transparency for asset management, inspiring trust among investors and community members.

Complementing these services are the Vaults and Stake modules. Vaults provide robust features for token locking, including enhanced vaults for liquidity and treasury tokens. The Stake module simplifies the staking process for users, facilitating the generation of web3 generated income and contributing to 3rd party network security. As Pulsar Money expands its services, these modules embody its commitment to developing user-centric solutions that address the evolving needs of the web3 Ecosystem.

Furthermore, Pulsar Money is dedicated to continuous growth and expansion, with plans to develop and incorporate additional modules and functionalities. The platform's aim is not only to adapt to the shifting landscape of digital finance but also to anticipate and shape its future, offering an ever-evolving suite of services to its users. This forward-thinking approach ensures that Pulsar Money remains a dynamic, adaptable, and reliable hub for managing and optimizing blockchain transactions.

Section 2: Use of Services

2.1 As a condition to accessing or using the Services, you represent and warrant to Pulsar Money (the "Platform"), built by Pulsar Money, the following:

  • if entering into these Terms as an individual, you are of legal age in your jurisdiction of residence and possess the legal capacity to enter into these Terms and be bound by them;
  • if entering into these Terms as an entity, you have the legal authority to accept these Terms on the entity's behalf, in which case 'you' (except as used in this paragraph) refers to that entity;
  • if accessing the Interface or planning to do so in the future, you are not a Blocked Person, and you are not accessing the Interface from within the Blocked Countries (United States or Canada and/or any other jurisdiction that may impose at any given time legal restrictions from entering platforms such as the Platform or to use services such as the Services provided by us);
  • you must not be a resident, citizen, or agent of, nor incorporated in, nor have a registered office in Iran, Cuba, North Korea, Syria, Myanmar (Burma), Crimea, Donetsk, Luhansk, or any other country or region subjected to comprehensive country-wide or region-wide economic sanctions by the United States (collectively, “Restricted Territories”);
  • you are not a Sanctioned Person, meaning you are not subject to economic or trade sanctions administered or enforced by any governmental authority or otherwise listed on any prohibited or restricted parties list (including the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury);
  • you do not intend to transact with any Restricted Person or Sanctioned Person;
  • you will not use a VPN or other privacy or anonymisation tools or techniques to circumvent, or attempt to circumvent, any restrictions applicable to the Services;
  • your access to the Services (a) is not prohibited by and does not violate or assist in violating any Applicable Laws; and (b) does not contribute to or facilitate any illegal activity.

2.2 As a condition to accessing or using the Services, you acknowledge, understand, and agree to the following:

  • from time to time, the Services may be inaccessible or inoperable for any reason, including: (a) equipment or technology or other infrastructure delay, inaccessibility, or malfunctions; (b) periodic maintenance procedures or repairs that Pulsar Money or any of our suppliers or contractors may undertake from time to time; (c) causes beyond Pulsar Money’s control or that Pulsar Money could not reasonably foresee; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party service providers or external partners for any reason. Without limitation of any other provision of these Terms, and as set forth below, Pulsar Money has no responsibility or liability for any losses or other injuries resulting from any such events;
  • we reserve the right to disable or modify access to the Services (such as restricting features of the Services) at any time in the event of any breach of these Terms, including, if we reasonably believe any of your representations and warranties may be untrue, misleading, or inaccurate, and we will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Services being inaccessible to you at any time or for any reason
  • the Services may evolve, which means Pulsar Money may apply changes, replace, or discontinue (temporarily or permanently) the Services at any time in our sole discretion
  • Pulsar Money reserves the right to limit specific users ability to interact with specific modules and features of the application or in entirety
  • the pricing information and other data provided on the Site does not represent (i) an offer, a solicitation of an offer, or recommendation to enter into, a transaction with Pulsar Money (other than the payment of fees to Pulsar Money) or (ii) any advice regarding a transaction entered into using the Sit

Section 3: Fees, Price and Blockchain

3.1 Fees and Price Estimates In connection with your use of the Services, unless expressly stated otherwise pursuant to a promotion operated by Pulsar Money, you are required to pay all fees necessary for interacting with the blockchain, including "gas" costs, as well as all other fees reflected on the Platform at the time of your use of the Services. Although we attempt to provide fee information, this information reflects when provided estimates of the fees, which may vary from the actual fees paid to use the Services and interact with the blockchain.

If and to the extent any portion of the Services may require a fee payment, incremental payment, or subscription, you agree to pay us any applicable fees posted for the Services. By completing and submitting any credit card or other payment authorization through the Services, you are authorizing us to charge the fees to the account you identify. You must keep all billing information, including payment method, up to date. You agree to pay us for all charges incurred under your account, including all applicable taxes, fees, and surcharges. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with your account. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. You will be responsible for accrued but unpaid charges, even if your account is canceled by you or terminated by us. During any free trial or other promotion, if any, you will still be responsible for any purchases and surcharges incurred using your account.

3.2 Wallets, Ownership, and Control of Digital Assets In addition to creating an Account, you may be required to connect a Digital Asset wallet (a "Wallet") to your account in order to enable some features of the Platform. Any failure to connect your Wallet to your Account may result in you not being able to use certain features of the Platform. You acknowledge and agree that Pulsar Money does not control or have access to your Wallet, and Pulsar Money is unable to exert any control over your Wallet.

In the event Pulsar Money creates software to hold your Digital Asset (a "Smart Contract") for the purpose of enabling certain features of the Platform, you acknowledge and agree that Pulsar Money does not retain responsibility upon such Smart Contract, nor will Pulsar Money have the ability to reverse any transactions associated with the Smart Contracts. You are exclusively responsible for maintaining the confidentiality and security of your Wallets, Accounts, and/or devices you use to access the Platform. You are also responsible for maintaining the security of the Wallets you utilize in connection with the Platform.

As the owner of Digital Assets, you shall bear all risk related to the Digital Assets in your Account. Pulsar Money shall have no liability for Digital Asset value fluctuations.

3.3 Risk of Digital Assets and Decentralized Networks Please note that all transactions involving digital assets involve substantial risks. You should therefore carefully consider whether using our Services is suitable for you in light of your financial condition. In considering whether to hold digital assets, you should be aware that the price or value of digital assets can change rapidly, decrease, and potentially even fall to zero. Past performance is not an indicator of future performance. You acknowledge that we are not responsible for any loss of your digital assets resulting from theft, loss, or mishandling of digital asset private keys. We are not responsible for any digital asset market, and we make no representations or warranties concerning the real or perceived value of digital assets as denominated in any quoted currency. Although we may provide historical and/or real-time data

Section 4: Disclaimer of professional advice and fiduciary responsibility

The information available through your access and use of Pulsar Money is provided solely for informational purposes and should not be interpreted as professional guidance. You should not base any decisions or actions on the information contained within the Platform or any other materials that Pulsar Money may provide at any given time. Prior to making financial, legal, or other decisions relating to Pulsar Money, it is essential to consult with a licensed and qualified professional in the relevant field. These Terms do not aim to create or enforce any fiduciary responsibilities on our part. By agreeing to these Terms, you acknowledge that our duties and obligations to you are limited to those explicitly stated within these Terms.

Section 5: Restricted activities and compliance

When using our services, you are not allowed to engage in any activities outlined below ("Restricted Activities"). The listed activities are indicative but not exhaustive examples of Restricted Activities. If you are unsure whether your use of our services involves a Restricted Activity or have other questions about the requirements, please contact us. By using our services, you confirm that you will not engage in any of the following Restricted Activities:

  • Violate any applicable laws, including relevant anti-money laundering, anti-terrorist financing laws, sanctions programs, and other legal requirements;
  • Engage in transactions involving items that infringe or violate any intellectual property rights, including copyrights, trademarks, privacy rights, or any other proprietary rights under the applicable law;
  • Engage in improper, abusive, or disruptive trading practices, including fraudulent acts, market manipulation, or any other activity that, in our reasonable judgment, negatively affects the operation of our platform;
  • Use our services in a manner that interferes with, disrupts, negatively affects, or inhibits other users from fully enjoying our services, or that damages, disables, overburdens, or impairs the functioning of our platform in any manner;
  • Circumvent any content-filtering techniques, security measures, or access controls employed on our platform, including the use of VPNs;
  • Use any automated means, such as robots, spiders, crawlers, scrapers, or other tools not provided by us, to access our services, extract data, or introduce any harmful material;
  • Provide false, inaccurate, or misleading information while using our services or engage in activities that defraud us, other users of our services, or any other person;
  • Use or access our services to transmit or exchange digital assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including terrorism or tax evasion;
  • Use our services in any way that is, in our sole discretion, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive, or otherwise objectionable;
  • Use our services from a jurisdiction or IP address that we have determined, in our sole discretion, to be a restricted location or territory;
  • Harass, abuse, or harm another person, including our employees and service providers;
  • Impersonate another user of our services or otherwise misrepresent yourself; or
  • Engage, attempt to engage, or encourage, induce, or assist any third party in engaging or attempting to engage in any of the activities prohibited under this section or any other provision of these terms.

Section 6: User content license, rights reservation in due diligence

By utilising our platform and services, you bestow upon us an unrestricted, royalty-free, fully compensated, sub-licensable (across numerous levels), transferable, perpetual, non-revocable, non-exclusive, global license to employ, replicate, alter, produce derivative works from, showcase, perform, publish, and disseminate in any format, medium, or manner any content shared with other users as a consequence of your use of our platform or services (collectively, "Your Content"), including for the purpose of promoting our platform or services. You assert and guarantee that (a) you possess Your Content or possess the authority to grant the rights and licenses stated in these Terms; and (b) Your Content and our utilisation of Your Content, as authorised herein, will not infringe, misappropriate, or violate any third party's rights.

Please note that our smart contract is on-chain, partly open-source, and accessible for anyone to use. While we have limited capacity to restrict access, we reserve the right to enforce restrictions where possible. We maintain the right to forbid any transactions on our platform, with or without cause, for or with any user, at any given time, in compliance with any constraints enforced by relevant law. As an alternative to denying access to our platform or services, we hold the exclusive discretion to carry out due diligence. You might be subjected to due diligence processes while using our platform or services. If you refuse to supply the requested information or fail to respond promptly or substantively with the necessary documentation or data, we possess the absolute discretion to instantly suspend or terminate your account.

Section 7: Intelectual property rights

7.1 Certain aspects of the Services may use, incorporate or link to specific open-source components. Your use of the Services is subject to, and you will comply with, any applicable open-source licenses governing these components ("Open-Source Licenses"). You may not (a) resell, lease, lend, share, distribute, or permit any third party to use the Services; (b) use the Services for time-sharing or service bureau purposes; or (c) use the Services in violation of the Open-Source Licenses.

7.2 Except for third-party software that the Services incorporate, all intellectual property rights in the Services, the technology, content, and other materials used, displayed, or provided on the platform or in connection with the Services are owned by us or our licensors. We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to access and use those portions of the platform and the Services that are proprietary and not available under the Open-Source Licenses.

7.3 Our product or service names, logos, and other marks used on the platform or as part of the Services, including our name and logo, are trademarks owned by us or our licensors. You may not copy, imitate, or use them without our prior written consent or the consent of the applicable licensors. These Terms do not grant you any rights in those trademarks. You may not remove, obscure, or alter any legal notices displayed in or along with the platform or the Services.

7.4 We acknowledge that our smart contract is on-chain, open-source, and accessible for anyone to use. While we have limited capacity to restrict access, we reserve the right to enforce restrictions where possible.

7.5 Any rights not expressly granted herein regarding the materials contained on or through the platform or the Services are reserved by us in full. If you believe that your intellectual property rights are being infringed, please contact our support team.

Section 8: Third party content

8.1 The Services may include content, information, and services owned, made available, or licensed by third parties ("Third-Party Services"), or contain links to Third-Party Services. You understand that Third-Party Services are the responsibility of the third party that created or provided them and acknowledge that your use of such Third-Party Services is solely at your own risk.

8.2 We make no representations and exclude all warranties and liabilities arising from or pertaining to such Third-Party Services, including their accuracy, completeness, and security. We do not control, endorse, or adopt any Third-Party Services and have no responsibility for Third-Party Services, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, your dealings or correspondence with such third parties are solely between you and the third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of Third-Party Services is at your own risk.

8.3 The Services may contain hyperlinks or references to third-party websites or platforms. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third-party websites or platforms and have no legal responsibility for any content, material, or information contained therein.

8.4 The display of any hyperlink and reference to any third-party website or platform does not mean that we endorse that third party's website, platform, products, or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

8.5 All intellectual property rights in and to Third-Party Services are the property of the respective third parties.

Section 9: Risk assumption

9.1 By accessing or using the Services, you understand and agree to the inherent risks associated with cryptographic systems, blockchain-based networks, and Digital Assets, including the usage and intricacies of native Digital Assets like Bitcoin (BTC) and Ether (ETH), smart contract-based tokens, such as those following the Ethereum Token Standard (ERC-20), and other blockchain-based networks. You acknowledge that the underlying software and networks are not owned or controlled by us and are subject to sudden changes in operating rules, technological advancements, and other factors that may materially affect the Services.

9.2 You alone are responsible for securing your private key(s) and understanding the irreversible nature of blockchain-based transactions. Losing control of your private key(s) will permanently and irreversibly deny you access to your Digital Assets on the blockchain networks, and neither we nor any other person or entity will be able to retrieve or protect your Digital Assets. We do not have access to your private key(s).

9.3 You acknowledge and understand that the Services and your Digital Assets could be impacted by regulatory inquiries or actions, technological and security risks, market volatility, and other circumstances and factors that may impede or limit your ability to access or use the Services.

9.4 You represent and warrant that you possess relevant knowledge and skills in applied cryptography and computer science to appreciate the inherent risks associated with using the Services. You accept all consequences of using the Services, including the risk of losing access to your Digital Assets indefinitely.

9.5 We must comply with applicable laws, which may require us to take certain actions or provide information upon request by government agencies. You acknowledge and understand that we may, in our sole discretion, take any action we deem appropriate to cooperate with government agencies or comply with applicable laws.

9.6 You hereby assume the risks set forth in this Section 9 and acknowledge and agree that we will have no responsibility or liability for the risks associated with accessing or using the Services. You hereby irrevocably waive, release, and discharge all claims, whether known or unknown to you, against us and our representatives related to any of the risks set forth in this Section 9 and not only.

Section 10: Indemnification

By using our Services, you agree to indemnify, defend, and hold harmless our company, its affiliates, subsidiaries, partners, licensors, and their respective directors, officers, members, managers, employees, and agents (collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or related to: (a) your use of, or conduct in connection with, the Services; (b) any digital assets associated with your account; (c) any feedback or submissions you provide regarding the Services; (d) your breach of these Terms; (e) your violation of any applicable laws or regulations; or (f) your infringement or misappropriation of the rights of any third party.

In the event of any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost, or expense for which you are obligated to indemnify any Indemnified Party, our company (or, at our sole discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control such action or proceeding and to determine whether we wish to settle, and if so, on what terms. You agree to cooperate with us in the defense of any indemnification claim and to reimburse us for any reasonable legal fees and expenses incurred in connection with such claim.

This indemnity shall apply to your successors and assigns and shall survive any termination or cancellation of this agreement.

Section 11: Disclosure and Disclaimers

11.1 Our organization develops software and does not operate any digital asset or derivatives exchange platform, nor do we offer trade execution, clearing services, or financial advice. All transactions between users of the Services are conducted peer-to-peer directly via smart contracts. You are responsible for adhering to all relevant laws governing your digital assets.

11.2 You acknowledge that our organization has not been registered or licensed by any regulatory agency or authority, and no such agency or authority has reviewed or approved the usage of the Services.

11.3 To the fullest extent permissible under applicable law, the Services (including their content and functionality) provided by or on our behalf are delivered on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all representations, conditions, or warranties of any kind, whether express, implied, legal, statutory, or otherwise, including but not limited to warranties of merchantability, suitability for a specific purpose, data accuracy, system integration, title, non-infringement, and quiet enjoyment. We do not guarantee that the Services will be available at all times, uninterrupted, or error-free.

11.4 You acknowledge that data you provide while accessing or using the Services may be irretrievably lost, corrupted, or temporarily inaccessible due to various reasons. To the fullest extent allowable under applicable law, we will not be held liable for any loss or damage caused by denial-of-service attacks, software failures, viruses, or other technologically harmful materials, protocol changes by third-party providers, Internet disruptions, force majeure events or other disasters, scheduled or unscheduled maintenance, or other factors either within or outside of our control.

11.5 You understand that we cannot and do not ensure or warrant that files available for downloading from our Services will be free of viruses or other harmful code. You are responsible for implementing adequate procedures and checkpoints to satisfy your specific requirements for anti-virus protection and data accuracy and for maintaining a means external to our Services for any reconstruction of lost data.

Section 12: Limitations

12.1 Limitation of Damages and Exclusion of Consequential Damages

12.1.1 WITHOUT LIMITATION of any other provision of these Terms, you hereby agree that neither Platform nor any of its Representatives will have any responsibility or liability whatsoever for any loss or injury sustained by you or any third parties as a result of (i) any equipment or technology or other infrastructure delay, inaccessibility, or malfunctions; (ii) periodic maintenance procedures or repairs that Platform or any of our suppliers or contractors may undertake from time to time; (iii) causes beyond Platform's control or that Platform could not reasonably foresee; (iv) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (v) unavailability of third-party service providers or external partners for any reason. UNDER NO CIRCUMSTANCES will Platform or its Representatives have any liability for any such loss or injury caused by any of the foregoing events, INCLUDING BUT NOT LIMITED TO any obligation to cover or reimburse any damages or losses caused by such events. You expressly acknowledge that any risk of loss resulting from such events shall be borne by you, and you expressly assume any and all such risks.

12.1.2 IN NO EVENT will Platform, Pulsar Money, our suppliers and contractors, and Platform's, Pulsar Money' or our suppliers' and contractors' respective stockholders, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers, and contractors (collectively, the "Risk Limited Parties") be LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (including damages for loss of fiat, assets, data, information, revenue, opportunities, use, goodwill, profits or other business or financial benefit) ARISING OUT OF OR IN CONNECTION WITH the Platform (and any of their content and functionality), any execution or settlement of a transaction, any performance or non-performance of the Platform, your Digital Assets, or any other product, service or other item provided by or on behalf of Platform or Pulsar Money, WHETHER UNDER CONTRACT, TORT (including negligence), CIVIL LIABILITY, STATUTE, STRICT LIABILITY, BREACH OF WARRANTIES OR UNDER ANY OTHER THEORY OF LIABILITY and WHETHER OR NOT we have been ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF the possibility of such damages and, NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THESE TERMS OR ANY LIMITED REMEDY HEREUNDER, nor is Platform in any way responsible for the execution or settlement of transactions between users of the Platform.

12.2 Limitations of liability WITHOUT LIMITATION of any provision of these Terms, in the event that Pulsar Money, developer of Pulsar Money Platform or any related party is found liable under these Terms, the AGGREGATE LIABILITY of Pulsar Money (together with our equity owners, members, directors, managers, officers, employees, attorneys, agents, representatives, suppliers, or contractors), ARISING OUT OF OR IN CONNECTION WITH your use of the Platform (and any of their content and functionality), any performance or non-performance of the Platform, your Digital Assets, or any other product, service, or other item provided by or on behalf of Pulsar Money, WHETHER UNDER CONTRACT, TORT (including NEGLIGENCE), CIVIL LIABILITY, STATUTE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, WILL NOT EXCEED the amount of fees paid by you to Pulsar Money under these Terms, if any, in the two (2) month period immediately preceding the event giving rise to the claim for liability.

Section 13: Resolving Disputes and Mandatory Arbitration

PLEASE REVIEW THIS SECTION CAREFULLY, AS IT IMPACTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT. THIS SECTION REQUIRES YOU TO SETTLE ANY DISPUTE, CLAIM, OR CONTROVERSY (COLLECTIVELY, A "DISPUTE") ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PLATFORM THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT. THIS APPLIES TO DISPUTES THAT EMERGE BEFORE THE EFFECTIVE DATE OF THESE TERMS AND CONTINUES AFTER THE TERMINATION OF THE TERMS.

You and Pulsar Money acknowledge that any Dispute resulting from or associated with these Terms or the Platform is personal to you and Pulsar Money. Both parties commit to resolving Disputes via individual proceedings, rather than through class arbitration, class actions, or any other kind of representative proceedings. This Section does not preclude you or Pulsar Money from pursuing individual claims for damages in a small claims court, provided they qualify and remain within the jurisdiction of the small claims court. Both parties retain the right to seek injunctive or other equitable relief in court for alleged infringement or misuse of intellectual property rights, such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents.

To resolve any Dispute with Pulsar Money related to the Platform, you agree to first contact Pulsar Money and attempt an informal resolution by sending a written notice of your claim ("Notice") to Pulsar Money by email at contact@pulsar.money. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and foundation of the claim; and (c) specify the specific relief sought.

Pulsar Money, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including any information gathered, prepared, and presented for purposes of the arbitration or related to the Dispute.

Section 14: Governing Law

The interpretation, enforcement, and any Disputes arising out of or in connection with these Terms or the Platform will be governed by, construed, and enforced under the laws of Romania, as applicable, without regard to conflict of law rules or principles (whether of Romania or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our intellectual property rights in any court having jurisdiction. For any other proceeding, the courts located in Romania will have exclusive jurisdiction. You waive any objection to venue in any such courts.

In addition, you agree:

  1. That you cannot litigate any disputes arising from your use or access to the Platform through class action lawsuits;
  2. That the courts in Romania have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration;
  3. That the parties shall bear their own legal costs and expenses.

Section 15: Miscellaneous

15.1 Force Majeure: Neither you nor Pulsar Money shall be held liable for any delay or failure in performance resulting from causes beyond their reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, labor disputes, governmental actions, equipment or software malfunction, or network failures such as "forks" or unexpected changes in a computer network.

15.2 Taxes: It is your responsibility to determine and comply with any taxes that may apply due to your use of the Services. Pulsar Money is not responsible for determining or advising on tax obligations.

15.3 Severability: If any provision of these Terms and Conditions is deemed unenforceable or invalid under applicable law, the remaining provisions shall remain in full force and effect.

15.4 Waiver: No waiver by Pulsar Money of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pulsar Money to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision, by a simple notice communicated to you.

15.5 Assignment: These Terms and Conditions shall be binding on your successors, heirs, personal representatives, and assigns. You may not assign or transfer any of your rights or obligations without prior written consent from Pulsar Money. Pulsar Money may assign its rights or delegate its duties under these Terms and Conditions at its sole discretion.

15.6 Relationship of the Parties: These Terms and Conditions do not create any partnership, joint venture, agency, consultancy, or trusteeship. You and Pulsar Money are independent contractors for the purposes of this agreement.

15.7 Contact Information: For any inquiries or concerns, you may contact us at contact@pulsar.money

15.8 Amendments: Pulsar Money reserves the right to modify these Terms and Conditions at any time. Any modifications will be communicated to you, and your continued use of the Services constitutes acceptance of the modified terms. If you do not agree to the updated Terms and Conditions, you must discontinue your use of the Services.

15.9 Third-Party Rights: No third party shall have any rights to enforce any terms contained herein.

15.10 Entire Agreement: These Terms and Conditions, along with any other referenced policies or agreements, constitute the entire agreement between you and Pulsar Money concerning your use of the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

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