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Terms and Conditions

last updated May 23, 2023

PULSAR MONEY Terms of Service

Introduction

Welcome to Pulsar Money's platform. These terms and conditions ("Terms") along with any documents, additional terms, policies, and disclaimers expressly incorporated by reference herein, including any other agreements or terms that Pulsar Money SRL, the owner of Pulsar Money, and its affiliates ("Pulsar Money," "we," "us," or "our") may provide to you or the entity you represent ("you" or "your") collectively form a binding and enforceable legal contract between Pulsar Money and you. This contract governs your access to and use of Pulsar Money's platform and services.

Agreement to Terms

Please read these Terms carefully before using the Site or Services. By using or accessing the Site, Services, and/or Content (defined below) in any manner, or clicking a button or checkbox to accept or agree to these Terms where that option is made available to you, you (i) accept and agree to these Terms and (ii) consent to the collection, use, disclosure, and other handling of information as described in our Privacy Policy available at https://pulsar.money/terms-of-use (the "Privacy Policy"). The Privacy Policy is incorporated herein by this reference in its entirety, and all references herein to the "Terms of Service," the "Terms," or this "Agreement" include a reference to the Privacy Policy.

Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Romania. You agree that any dispute arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of Romania.

In addition, you agree:

  • That you cannot litigate any disputes arising from your use or access to the Platform through class action lawsuits;
  • 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;
  • That the parties shall bear their own legal costs and expenses.

Changes to Terms or Services

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. It is recommended to review the Terms whenever they are modified. Continued use of the Site or Services after modifications implies acceptance of the updated Terms, which will be legally binding.

If there is any disagreement with the modified Terms, the use of the platform and Services must be discontinued. The Services may change or be discontinued at any time without notice at the sole discretion of the provider.

Introductory Notes

Pulsar Money provides access to a decentralized protocol on the MultiversX Blockchain and Starknet, allowing users to exchange compatible crypto-assets ("Protocol"). The Platform is one means of accessing this Protocol but does not control or operate any version of it. By using our Platform and Services, you acknowledge that Pulsar Money does not buy or sell crypto-assets, operate liquidity pools, or control trade execution on the Protocol. Instead, the Protocol is a technological tool for self-directed virtual asset transactions. Pulsar Money is not a securities broker, crypto-asset broker, investment advisor, or financial planner and does not offer investment or trading advice. We do not act as an intermediary, counterparty, or custodian for transactions on the Protocol.

To interact with the Pulsar Money platform on MultiversX or Starknet, you must use a non-custodial wallet to connect to the platform governed by the third party’s terms of service, not these Terms. We do not operate or control these wallets and have no custody or control over their contents.

Eligibility

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.

Registration

To log in to the Platform, you are required to connect a Digital Asset wallet ("Wallet"). If your Wallet is not connected, you will not be able to access the Platform. It is important to note that Pulsar Money does not have access to, control over, or ownership of your Wallet. The management and security of your Wallet are entirely under your control.

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.

Fees

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.

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.

Prohibited Activities

When using the Pulsar Money platform and services, users are strictly prohibited from engaging in activities that:

  • Violate any applicable laws, including those related to anti-money laundering, anti-terrorist financing, sanctions programs, and other legal requirements under Romanian jurisdiction.
  • Infringe on the rights of Pulsar Money, its users, or any third parties, including intellectual property rights, privacy rights, or other proprietary rights.
  • Engage in illegal, defamatory, threatening, harassing, hateful, obscene, or otherwise inappropriate behaviors, including promoting violence, discrimination, or fraudulent activities.
  • Provide false, inaccurate, or misleading information, impersonate others, or engage in deceptive practices.
  • Use or access the platform in a manner that disrupts, negatively affects, or inhibits other users from fully enjoying the platform or that damages, disables, overburdens, or impairs the functioning of the platform.
  • Circumvent or attempt to bypass any content-filtering techniques, security measures, or access controls implemented by Pulsar Money, including the use of VPNs or other anonymization tools.
  • Use automated means, such as bots, spiders, scrapers, or crawlers, to access the platform, extract data, or introduce harmful material.
  • Engage in improper trading practices, market manipulation, or any other activities deemed abusive or disruptive to the platform.
  • Engage in transactions involving digital assets that are the proceeds of any criminal or fraudulent activity, including terrorism financing or tax evasion.
  • Access the platform from restricted locations or IP addresses that have been determined by Pulsar Money to be prohibited.
  • Harass, abuse, or harm any individuals, including Pulsar Money employees and service providers.
  • Disguise your location, including using IP proxying or other methods to circumvent restrictions on the platform.
  • Interfere with or attempt to interfere with any user, host, or network connected to the platform, including sending viruses, overloading, flooding, spamming, or mail-bombing the platform.
  • Encourage, induce, or assist any third party in engaging in any of the above activities.

Intellectual Property Rights

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.

Third-Party Content

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.

Risk Assumption

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.

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.

Limitations

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.

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.

Miscellaneous

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.

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.

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.

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.

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.

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.

Contact Information: For any inquiries or concerns, you may contact us at [email protected].

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.

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

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.

Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR ANY LINKED WEBSITES, AND WE ASSUME NO LIABILITY FOR ANY (1) ERRORS OR INACCURACIES IN CONTENT (2) PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICE (3) UNAUTHORIZED ACCESS TO OUR SERVERS OR ANY PERSONAL/FINANCIAL INFORMATION STORED THEREIN (4) INTERRUPTION OR DISCONTINUATION OF TRANSMISSION TO OR FROM THE SERVICE (5) BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE SERVICE BY ANY THIRD PARTY OR (6) ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF USING ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE.

WE DO NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, AND WE WILL NOT BE LIABLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS. YOU ARE ADVISED TO USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEN ENGAGING IN TRANSACTIONS THROUGH ANY MEDIUM OR ENVIRONMENT.

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