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Terms and Conditions

Last updated: September 21, 2021

These terms and conditions are entered into by and between You and SupraFin USA, Inc.,  (the ”Company”, “we” or “us”). These terms and conditions and our Privacy Policy (collectively, these “Terms”), govern Your access to and use of our Service, including any content, functionality, and services offered on or through our Services, whether as a guest or a registered user.

Please read these Terms carefully before You start to use our Services. By using the Services or by clicking to accept or agree to the Terms when this option is made available to You, You accept and agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated herein by reference. If You disagree with any part of these Terms then You may not access or use the Services.

You represent that You are over the age of 18 and a resident of the United States of America. The Company does not permit those under 18 or those outside the U.S. to use the Services.  By using the Service, You represent and warrant that You are of legal age to form a binding contract with the Company and reside in the U.S. If You do not meet all of these requirements, You must not access or use the Service.

You also represent and warrant that You will use our Services only for Yourself as an individual and in Your individual/personal capacity, and not on behalf of any other person or entity or for commercial purposes. You are also agreeing irrevocably that You are responsible for all activity that occurs on the Service in connection with Your access credentials. You must not allow any third party to make use of Your Account at any time.

Please be aware that these Terms impose the requirement for arbitration of claims, as discussed further below, and that class actions are prohibited.  These provisions may affect Your rights, so please review them carefully.

Definitions

In addition to any other capitalized terms defined throughout these Terms, the following terms shall have the meanings set forth below:

Account means a unique account created for You to access our Service or parts of our Service.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Application or App means the software program known as SupraFin USA, which is made available by the Company and downloaded by You on an electronic device.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Digital Asset is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network. It is also known as cryptocurrency, crypto, virtual currency, digital currency, or virtual commodity. Examples of Digital Assets are bitcoin and ether.

Feedback means feedback, innovations or suggestions sent to us or our service providers by You regarding the attributes, performance or features of our Service.

Order means a request by You to purchase or sell Digital Assets.

Promotions refer to contests, sweepstakes or other promotions offered through a Service.

Service refers to the Application or the Website or both.

Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available through or on a Service.

Third-Party Service Providers means any services or content (including data, information, products or services) provided by a third-party that may be used, displayed, included or made available by a Service.    

Website refers to the Company website accessible from https://suprafin.io/

You means either (i) the individual accessing or using a Service, if the Service is used in the individual’s personal non-commercial capacity; or (ii) the legal entity or business on behalf of which an individual is accessing or using the Service.

User Accounts

To access the Services in whole or in part, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Services that all the information You provide during that registration process is correct, current, and complete. You agree that all information You provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.  Please note that some of the information you must provide in order to open an Account includes your social security number, so that we can verify your identity.

If You choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. Each authorized user also acknowledges that his/her Account is personal and agrees not to provide any other person with access to the Services or portions of it using such user’s user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also will ensure that all Your authorized users (and You) log off from the Account at the end of each session. You should use particular caution when accessing Your Account from a public or shared computer so that others are not able to view or record Your password or other personal information.

You may not use anyone else’s Account at any time, without the permission of the Account holder.

We have the right to disable any user name, password, or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You or one of your authorized users have violated any provision of these Terms.

You understand that Your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Access

You may not transfer or assign Your access or use of the Service to any third parties. If You breach any of these access provisions, or otherwise in our discretion, Your access to use our Service may be suspended or terminated. Additionally, we may revoke Your access to our Service if we believe that Your actions may harm us, our business interests, or any third party rights. Failure by us to revoke Your access does not act as a waiver of Your conduct. Nothing in this Agreement obligates us to provide You any access to the Service.

Account Communication

You agree and understand that our primary form of communication with You will be via email. We will use the email address on record (which You must provide to us as part of Your Account creation) as our primary means of communicating with You. To ensure that You receive all of our communications, You agree to immediately notify us if there are any changes to Your email address. Delivery of any communication to the email address on record will be considered validly delivered. If any email communication is returned as undeliverable, we retain the right to block Your access to Your Account until You provide and confirm a new and valid email address.

Account History

We will endeavor to make Your transaction history available on the Service, and to include in this history all of Your trading activity.  However, please note that nothing in Your transaction history should be treated as a valuation.

We use commercially reasonable efforts in an attempt to assure that the information contained in the notices we send You and Your transaction history is accurate and reliable; however, please understand that errors may sometimes occur and such errors do not impact the actual means and results of a given transaction.

Any transaction listed in Your transaction history or other communication, including receipts sent to Your email on record, shall be deemed and treated as authorized and correct, approved, and confirmed by You.

Account Review and Acknowledgement

It is important for You to understand that it is Your sole responsibility to ensure your transactions on the Services are initiated correctly. You understand that every communication sent to Your email on record will be deemed to have been acknowledged as correct, approved, and confirmed by You.

Keep in mind that transactions on the Services, once initiated, are not subject to cancellation or reversal.

Two-Factor Authentication

To protect your credentials, we use two-factor authentication, which requires you to input your email and password in the App. After you input your email and password in the App, a one-time password (OTP) is sent to your mobile, which you must enter to complete the two-factor authentication and log into the App. Hence, you consent to receive text messages on your mobile, which is required for our two-factor authentication.

The SupraFin Services

The Services facilitate the buying and selling of baskets of Digital Assets through Third-Party Service Providers. You may use Your Account to place Orders to buy and/or sell baskets of Digital Assets. You agree to pay all fees associated with or incurred by Your use of the Services and understand that all fees will be debited from Your Account and all proceeds will be credited to Your Account. You can view all the fees associated with the Services by clicking this link: Fees.

Your Digital Assets are custodied by Gemini Trust Company, LLC (“Gemini”), a third-party exchange who is a fiduciary under §100 of the New York Banking Law (the “NYBL”), and a custodian that is licensed to custody Your Digital Assets in trust on Your behalf. This third-party exchange custodies Your Digital Assets in a depository account controlled and secured by them,  the balances of which are reflected in Your Account.

Your fiat deposits are held in omnibus bank accounts at depository institutions by Gemini Trust Company, LLC.

Depending on Your location of residence, You may owe taxes on amounts You earn after selling Digital Assets.  It is Your responsibility to ensure You have accounted for, reported to the proper governmental authority, and paid all such taxes to the applicable governmental authority.  We do not undertake any obligation to report any such taxes, nor collect or disburse them on Your behalf.  The taxes You owe are solely Your responsibility.  You hold us harmless and release us from and against any claims, losses, damages or demands arising in connection with taxes You may owe as a result of Your transactions on the Services.

If we believe that You have engaged in or been a participant in any fraudulent transaction, we reserve the right to take any action we think appropriate, including forwarding Your information and information about the transactions be believe or suspect to be fraudulent to applicable law enforcement agencies, which may result in civil or criminal penalties or other actions against You.

Modifications to the Service

We reserve the right to alter, modify, update, or remove our Services or any portions thereof, at any time in our discretion and with or without notice to You.  We reserve the right to discontinue previously offered features or functionality at our sole discretion. We are not liable to You or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Service.  We reserve the right to determine the timing and content of updates to our Services and You agree that we may push such updates to Your Device without notice to You.  Notwithstanding the foregoing, nothing in this section obligates us to update or modify the Service, including for security, legal or other purposes.

Digital Asset Insurance

You acknowledge and agree that Digital Assets are volatile and risky, and their trading is affected by many factors outside our or Your control.  You are solely responsible for any transactions, and for all fees that You may incur as a result of Your acquisition or sales of Digital Assets.  Our Service does not control the timing of any transaction, yet You acknowledge that the time of a transaction can affect the value of the asset or the fees associated with a transaction or both.  You hereby agree that You hold us harmless against any and all claims arising from the transaction of You Digital Assets, or the timing of such transactions.

Gemini Trust Company, LLC, our third-party exchange provider, maintains commercial crime insurance for Digital Assets they custody in trust on Your behalf in their online hot wallet. Their insurance policy is made available through a combination of third-party insurance underwriters.

Their policy provides certain insurance against the theft of Digital Assets from hot wallets that results from a security breach or hack, a fraudulent transfer, or employee theft arising in Gemini’s owns systems.  However, their policy does not cover any losses resulting from any unauthorized access to Your Account. You agree and understand that You are solely responsible (and You will not hold us responsible) for managing and maintaining the security of Your Account login credentials and any other required forms of authentication. You further agree and understand that we are not responsible (and You will not hold us responsible) for any unauthorized access to or use of Your Account.

Digital Assets are not legal tender and are not backed by any government. Digital Assets are not subject to Federal Deposit Insurance Corporation (“FDIC”) or Securities Investor Protection Corporation protections. Please see the ‘FDIC Insurance’ section below for more information on FDIC “pass through” insurance as it relates to the fiat on Your Account.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as the Privacy Policy applicable to the Promotion. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit You to use the Services for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

  • Your Device may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
  • You may store files that are automatically cached by Your browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Service for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, You may download a single copy to Your Device solely for Your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications (if any are made available).
  • If we provide social media features with certain content, You may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Service.
  • Use any illustrations, photographs, video or audio sequences, or any graphics found on the Service.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service.

If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of these Terms, Your right to use the Service will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Service or any content on the Service is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

The Company name, the terms SUPRAFIN, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use any Service:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability.

Additionally, You agree not to:

  • Use the Service in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
  • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
  • Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Service.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
  • Copy, mirror or otherwise attempt to replicate or reproduce the Service.
  • Attack any Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of a Service.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You hereby grant the Company a non-exclusive, perpetual, irrevocable, royalty free, fully paid up and worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain information provided by third parties, or links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party materials or websites, or their content available on the Services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Third-Party Service Providers

You agree and understand that we may use third parties to gather, review, and submit or facilitate submitting Your data and activity from us to regulatory authorities on our behalf. By using the Services, You agree to grant Third-Party Service Providers that we may engage, the right, power, and authority to access and submit Your data, activity, and personal and financial information to regulatory authorities on our behalf and in accordance with and pursuant to their terms and conditions, privacy policy, and/or other policies.

You agree and understand that we may use third-parties to provide services and content. By using the Service, You agree to grant Third-Party Service Providers that we may engage, including, but not limited to, Gemini Trust Company, LLC (See https://www.gemini.com/legal/) the right, power, and authority to access and transmit Your data, activity, and personal and financial information in accordance with and pursuant to their terms and conditions, privacy policy, and/or other policies. Any opinions, advice, or information expressed by any third-party are those of the individual and the individual alone and they do not reflect the opinions of the Company. The Company does not direct, is not an employer, has no control over, makes no representations, and does not guarantee the quality, safety or legality of any third-party or any third party content. Please be aware that any third-party content posted may not be truthful, accurate, or up to date. The Company expressly disclaims any responsibility or liability for any damage, loss arising out of:  (1) any interactions between You and any third-party; (2) any third-party content, and/or (3) any loss arising out of any act or omission of any party or any third party content. The Company is not liable for the acts, errors, omissions, representations, warranties, breaches, negligence, or misconduct of any third-party or any personal or other damages (including lost profits) or expenses resulting therefrom or otherwise arising from Your use of the Services. You agree not to attempt to impose liability on, or seek any legal remedy from the Company with respect to such actions or omissions of a third-party.  You are solely responsible for all interactions with any Third-Party Service Providers. You agree that the exclusions and limitations of liability set out in this agreement are reasonable. If You do not believe they are reasonable, please do not use the Services.

No Investment Advice

You agree and understand that all investment decisions are made solely by You. You agree and understand that under no circumstances will the operation of the Services and Your use of the Services be deemed to create a relationship that includes the provision of or tendering of investment advice.

NO FINANCIAL, INVESTMENT, TAX, LEGAL OR SECURITIES ADVICE IS GIVEN THROUGH OR IN CONNECTION WITH OUR SERVICES.

No content found on the Service, whether created by us or another user is or should be considered as investment advice.

You agree and understand that we accept no responsibility whatsoever for, and shall in no circumstances be liable in connection with, Your decisions or Your use of our Service.

Nothing contained on the Service constitutes a solicitation, recommendation, endorsement, or offer by us or any third party to buy or sell any Digital Assets, securities, or other financial instruments. Neither us nor any of our affiliates has: (1) evaluated the merit of any Digital Assets available through the Service; or (2) has endorsed or sponsored any Digital Assets made available. All content found on the Service is provided for informational and educational purposes only.

FDIC Insurance

U.S. dollar deposits in Your Account held in one or more omnibus accounts provided by Gemini Trust Company, LLC (our third party exchange) at one or more banks located in the United States are held with the intention that they be eligible for FDIC “pass-through” deposit insurance, subject to the Standard Maximum Deposit Insurance Amount per FDIC regulations (currently $250,000 per customer) and other applicable limitations. Our policy is to comply, in good faith, with the regulations and other requirements of the FDIC for pass-through deposit insurance, including those contained in 12 C.F.R. § 330.

Please note: Non U.S. dollar deposits held at any banks or financial institutions, as well as U.S dollar deposits held at banks or financial institutions located outside of the United States, may not be subject to or eligible for FDIC deposit insurance.

Certain circumstances may require Gemini Trust Company, LLC to transfer fiat currency between two or more of our omnibus accounts or terminate their relationship with one of their banks. Movements of fiat currency between omnibus accounts are recorded in detail and will not affect the available fiat balance in Your Account or jeopardize the availability of FDIC insurance, subject to applicable limitations.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever or no reason at all, including without limitation if You breach these Terms. Upon termination, Your right to use the Service will cease immediately.

If You wish to terminate Your Account, You may simply liquidate Your holdings via the Application and discontinue using the Service.

Changes to Website or App

We reserve the right to withdraw or amend the Website or our App, and any service or material we provide thereon, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Website or App, to users, including registered users.

Your Content

You agree that You are solely responsible for all content, information, data, files, and other materials You upload or process through the use of the Services (collectively, “Your Content”).  You hereby release us from and hold us harmless from and against any claims arising in connection with Your Content.  You understand that we cannot guarantee the security or safety of Your Content, and that we may delete or remove Your Content at any time.  You represent and warrant that You own all rights to Your Content and You have permission to use any User Content submitted or uploaded to the Service in the manner you used it.

When You submit any of Your Content to us, You grant us, our partners and affiliates, service providers, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, unlimited, transferable, sublicensable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, create derivative works of or use and reuse all or part of Your Content as part of our business.

We reserve the right to remove, delete, modify, screen, edit, or refuse any of Your Content for any reason or no reason, and with or without notice to You. Please be aware that all Your Content may be viewed by third parties, thus we cannot guarantee its confidentiality.

Disclaimer of Warranties, and Limitation of Liability

You understand that we cannot and do not guarantee or warrant that our Service, or any information therein will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP (INCLUDING ALL DIGITAL ASSETS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR RESULTS OF USING THEM.

THE SERVICES ARE PROVIDED ONLY FOR INFORMATIONAL PURPOSES.  AS BETWEEN US AND YOU, YOUR DIGITAL ASSETS ARE SOLELY WITHIN YOUR CONTROL.  WE WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY ACTIONS UNDERTAKEN BY YOU. YOU EXPRESSLY WAIVE AND RELEASE US FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES. YOU RELEASE US AND OUR AFFILIATES, AND EACH OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE WITH ANOTHER USER, THE SERVICES, OR ANY OTHER PARTY.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT AVAILABLE THEREON OR THERETHROUGH, OR THE TRANSACTIONS ENGAGED ON THROUGH THEIR USE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law

The laws of the State of Delaware, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Disputes Resolution; No Class Actions; Limitation on Time to Bring Claim

At the Company’s sole discretion, it may require You to submit any disputes arising in connection with these Terms or in connection with your use of the Service, including disputes arising from or concerning interpretation, violation, invalidity, non-performance, or termination of these Terms, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE TERMS, OUR SERVICE (OR ANY PORTION OR ALL OF THE FOREGOING), INCLUDING THE BREACH, TERMINATION OR VALIDITY OF THESE TERMS, SHALL BE FINALLY RESOLVED BY ARBITRATION. THE TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THE AGREEMENT TO ARBITRATE. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING.

THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms 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 the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, including our Privacy Policy, constitute the sole and entire agreement between You and SupraFin USA, Inc. regarding the Service, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide You notice of such changes. What constitutes a material change will be determined at our sole discretion.  By continuing to access or use the Service after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, Your only remedy will be to stop using the Service.

Contact Us

If you have any questions about these Terms, You can contact us: