Terms & Condition
Please review the User Agreement carefully.
The provisions of this User Agreement apply to all users of our app, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this app, you accept and agree to be bound by and comply with the Terms and our Privacy Policy including but not limited to those contained in this document in addition to any other requirements of law or regulatory authourities. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our app, use any of our app’s services or place any requests on our app.
We offer a wide range of Services, and additional terms may apply. When you use a FIATPLUG service, you will also be subject to the guidelines, terms, and agreements applicable to that particular service (the Service Terms).
1. General Use
- 2.1. Legitimacy
You agree to use our Mobile Application for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law.
You agree to not use our Mobile Application to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our app’s network or security features or to gain unauthorized access to our systems.
- 2.2. Eligibility
By agreeing to the Terms, you represent and warrant that you are at least of the age of majority in your state or province of residence and are legally capable of entering into a binding contract.
- 2.3. Modification
We may change the terms of this User Agreement at any time. Any such changes shall take effect when posted on the Application, or when you use the Services. Read the User Agreement carefully on each occasion you use the Services. Your continued use of the Services shall signify your acceptance to be bound by the current User Agreement in force at the time of use.
3. General Conditions
- 3.1. Intellectual Property.
3.1.1. Unless otherwise indicated by us, all intellectual property rights and any content provided in connection with the Application or the Services, are the property of FIATPLUG or our licensors or suppliers and are protected by applicable intellectual property laws. We do not give any implied license for the use of the contents of the Application or the Services.
3.1.2. You accept and acknowledge that the material and content contained in or delivered by the Application or the Services is made available for your personal, lawful, non-commercial use only and that you may only use such material and content for the purpose of using the Application, app or the Services or any other product in the Fiatplug eco-system as set forth in this Agreement.
3.1.3. You further acknowledge that any other use of content from the application or the Services is strictly prohibited and you agree not to infringe or enable others to infringe our intellectual property rights. You agree to retain all copyrighted and other proprietary notices contained in the material provided via the Application or the Services on any copy you make of the material but failing to do so shall not prejudice FIATPLUG ’s intellectual property rights therein.
3.1.4. You may not sell or modify materials derived or created from the Application or the Services or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose. Your use of such materials on any other web application or on a file-sharing or similar service for any purpose is strictly prohibited. You may not copy any material or content derived or created from the Application or the Services without our express, written permission.
3.1.5. Any rights not expressly granted herein to use the materials contained on or through the Application or the Services are reserved by FIATPLUG in full.
- 3.2. Accuracy of Information.
FIATPLUG endeavours to verify the accuracy of any information displayed, supplied, passing through or originating from the Services, but such information may not always be accurate or current. Accordingly, you should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility. We make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the application or services, information and functions made accessible through the Services, any hyperlinks to third party web applications, or the security associated with the transmission of information through the Services, or any web application linked to the Services on our application or any other product in the FIATPLUG eco-system.
- 3.3. Third Party Services and Content.
In using the Services, you may view content or services provided by third parties, including links to web pages and services of such parties (“Third Party Content”). Links from or to apps outside our App are meant for convenience only. We do not endorse, approve or control, and are not responsible for any applications linked from or to our app, the content of those applications, the third parties named therein, or their products and services. Linking to any other application is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software applications are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
4. ACCESSING THE SERVICES
4.1 Limited License.We grant you a limited, non-exclusive, non-transferable license to access and use the Services and the Application or any other product in the FIATPLUG eco-system solely in accordance with the terms of this User Agreement.
4.2 Credentials.You must keep secret all credentials associated with the Services. You are solely responsible for managing and maintaining the security of any information relating to such credentials and agree that FIATPLUG shall not be held responsible (and you shall not hold us responsible) for any unauthorised access to the Services, application or any other product in the FIATPLUG eco-system or any resulting harm you may suffer.
4.3 Compliance.Your access to one or more Services may be contingent upon creating a user account and satisfying our onboarding processes as well as our Compliance Program. “Compliance Program” means the requirements set by FIATPLUG for collecting, verifying, recording and reporting information about you, upon first accessing certain Services and on an ongoing basis, whether for our business risk-management purposes or to comply with legal requirements applicable to us.
4.4. Your Personal Information Please see our Privacy Policy to learn about how we collect, use, and share your personal information. The information we request may include, without limitation, personally identifiable information such as network address, name, email, address, telephone number, date of birth, taxpayer identification or social security number, official government-issued photo identification, and bank account information or other information we may reasonably deem helpful in satisfying our risk management or legal obligations. In providing this information to us you represent that it is accurate and agree to update your information promptly, but in no event later than 14 days following any change in your information. Failure to provide information or update your user account promptly may result in Services being unavailable to you. 4.4 Communications. Any and all communications from FIATPLUG may be provided to you via electronic mail at the address you provided when accessing the Services. FIATPLUG shall not be responsible for any harm you may suffer as a result of your failure to receive any notice provided to you in connection with this User Agreement or your use of Services so long as such notice is provided to such email address. 4.5 Termination. We may close, terminate, enable, or disable any or all of the Services or your access to the Services at any time and for any reason.
5. MISCELLANEOUS
5.1. Use Comments, Feedback, and Other SubmissionsYou acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our Mobile Application or services available in connection with our app.
You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.
You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.
You agree that you will not post, distribute or share any Content on our Mobile Application that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our app’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.
We reserve the right to terminate your ability to access our Mobile Application or any other product in the FIATPLUG eco-system and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
5.2. Errors and OmissionsPlease note that our Mobile Application may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an requests has been submitted). We do not undertake to update, modify or clarify information on our app, except as required by law.
5.3. Force Majeure.If by reason in whole or in part of any Force Majeure Event, either you or FIATPLUG is delayed or prevented from complying with this User Agreement, then such delay or non-compliance shall not be deemed to be a breach of this User Agreement and no loss or damage shall be claimed by you or FIATPLUG by reason thereof. “Force Majeure Event” means any event beyond the party’s reasonable control, including, but not limited to, pandemic, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, failure in bank performance, or equipment or software malfunction including network splits or “forks” or unexpected changes in a computer network upon which the Services rely.
5.4. Taxes.
It is your responsibility to determine what, if any, taxes apply due to your use of the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. FIATPLUG is not responsible for determining whether taxes apply to your use of the Services or for collecting, reporting, withholding, or remitting any taxes arising from any virtual currency transactions.
5.5. Severability, Reformation.
In the event that any provision of this User Agreement is unenforceable under applicable law, the validity or enforceability of the remaining provisions will not be affected. To the extent any provision of this User Agreement is judicially determined to be unenforceable, a court of competent jurisdiction may reform any such provision to make it enforceable. The provisions of this User Agreement will, where possible, be interpreted so as to sustain its legality and enforceability.
5.6 Assignment.
This User Agreement shall be binding on your successors, heirs, personal representatives, and assigns. You may not assign or transfer any of your rights or obligations under this User Agreement without prior written consent of FIATPLUG , which may be withheld in FIATPLUG ’s sole discretion. We may assign rights or delegate duties under this User Agreement in our sole discretion.
5.7. Relationship of the Parties.
Nothing in this User Agreement is intended to, nor shall create any partnership, joint venture, agency, consultancy or trusteeship. You and FIATPLUG are independent contractors for purposes of this User Agreement.
5.8. Entire Agreement.
This User Agreement constitutes the entire agreement among the Parties with respect to the subject matter described herein and shall supersede all prior agreements and understandings, written or oral, among the Parties. Subsequent discussions or negotiations between you and FIATPLUG or FIATPLUG personnel shall only amend or become part of this User Agreement by way of a written amendment specifically referencing the last updated date and name of this User Agreement.
5.9. Contact Information.
You may contact FIATPLUG via email at support ..........
6. WARRANTIES, INDEMNIFICATION, LIMITATION OF LIABILITY AND REPRESENTATIONS.
6.1. Acceptable Use of FIATPLUG Services.
When accessing or using the Services, you agree that you are solely responsible for your conduct while accessing and using our Services. Without limiting the generality of the foregoing, you agree that you shall not: a. use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner; b. use the Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money laundering, or terrorist activities; c. use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data; d. use or attempt to use another person’s credentials without authorisation; e. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorised to access; f. introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material g. develop any third-party applications that interact with our Services without our prior written consent; h. provide false, inaccurate, or misleading information; or i. encourage or induce any other person to engage in any of the activities prohibited under this Section.
6.2. Disclaimer of Warranties.
FIATPLUG DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT AND/OR QUIET ENJOYMENT, AND ANY SERVICES PROVIDED BY FIATPLUG ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOU ACKNOWLEDGE THAT FIATPLUG MAKES NO WARRANTIES UNDER THIS AGREEMENT DIRECTLY FOR THE BENEFIT OF ANY END USER, AND THAT FIATPLUG ’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY, AND NOT FOR THE BENEFIT OF ANY OTHER PERSON. IN ENTERING INTO THIS AGREEMENT, YOU REPRESENT THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY OF FIATPLUG OR ITS AFFILIATES EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES SHALL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
6.3 Limitation of Liability.
IN NO EVENT SHALL FIATPLUG , ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FIATPLUG HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL WE BE REQUIRED TO DELIVER TO YOU ANY VIRTUAL CURRENCY AS DAMAGES, MAKE SPECIFIC PERFORMANCE OR ANY OTHER REMEDY. IF YOU WOULD BASE YOUR CALCULATIONS OF DAMAGES IN ANY WAY ON THE VALUE OF VIRTUAL CURRENCY, YOU AND WE AGREE THAT THE CALCULATION SHALL BE BASED ON THE LOWEST VALUE OF THE VIRTUAL CURRENCY DURING THE PERIOD BETWEEN THE ACCRUAL OF THE CLAIM AND THE AWARD OF DAMAGES.
WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY; (A) THE MALFUNCTION, UNEXPECTED FUNCTION OR UNINTENDED FUNCTION OF ANY COMPUTER OR CRYPTOCURRENCY NETWORK, INCLUDING WITHOUT LIMITATION LOSSES ASSOCIATED WITH NETWORK FORKS, REPLAY ATTACKS, DOUBLE-SPEND ATTACKS, SYBIL ATTACKS, 51% ATTACKS, GOVERNANCE DISPUTES, MINING DIFFICULTY, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, HACKING OR CYBERSECURITY BREACHES; (B) THE CHANGE IN VALUE OF ANY CRYPTOCURRENCY; (C) ANY CHANGE IN LAW, REGULATION OR POLICY, OR (D) FORCE MAJEURE. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
6.4 Indemnification.
You agree to indemnify and hold harmless FIATPLUG , its affiliates, subsidiaries, directors, managers, members, officers, and employees from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to: (a) your use of the Application or Services; (b) breach of this User Agreement or any other policy; (c) feedback or submissions you provide; (d) false, incomplete, or misleading information relied upon by us to verify your identity and source of funds, where applicable; or (e) violation of any rights of any other person or entity; provided however, that you shall not indemnify FIATPLUG for claims or losses arising out of FIATPLUG ’s gross negligence or willful misconduct. This indemnity shall apply to your successors and assigns and shall survive any termination or cancellation of this User Agreement. Any and all of our indemnities, warranties, and limitations of liability (whether express or implied) are hereby excluded to the fullest extent permitted under law except as set forth herein. Nothing in this User Agreement excludes or limits liability which may not be limited or excluded under Applicable Law.
11. Entire Agreement
The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
13. Headings
Any headings and titles herein are for convenience only.
14. Severability
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
15. Governing Law/Dispute Resolution
Any disputes between you and us arising from your use of the Application or the Services (whether arising out of contract, tort, statute or any other manner) shall be referred to and determined by arbitration at the International Centre for Arbitration and Mediation Abuja(ICAMA) or Uwias Dispute Resolution Centre (UDRC) Hight Court o the FCT, Abuja, Nigeria. Abuja shall be the seat of arbitration and any such dispute shall be resolved atInternational Centre for Arbitration and Mediation Abuja(ICAMA) or Uwias Dispute Resolution Centre (UDRC) Hight Court o the FCT, Abuja.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST US SHALL BE BROUGHT INDIVIDUALLY AND YOU SHALL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION AGAINST US. YOU FURTHER AGREE TO EXPRESSLY WAIVE YOUR RIGHT TO A TRIAL IN COURT.
16. Feedback, Questions or Concerns
FIATPLUG strives to improve its Services to address feedback. If you have ideas or suggestions regarding improvements or additions to the Services, we would like to hear them; however, any submission shall be subject to this User Agreement.
Under no circumstances shall disclosure of any idea or feedback, or any related material to FIATPLUG be subject to any obligation of confidentiality or expectation of compensation.
By submitting an idea or feedback or any related material that would be subject to intellectual property rights (the Work) to FIATPLUG , you grant to FIATPLUG , with respect to the Work submitted, a non-exclusive, perpetual, global, royalty-free licence to use all of the content of such ideas and feedback, for any purpose whatsoever.
By submitting Work, you are waiving any moral rights to the fullest extent permitted under law that you may have in the Work and are representing and warranting to FIATPLUG that the Work originated with you, no one else has any rights in the Work, and that FIATPLUG is free of any royalty to implement the Work and to use the related material if so desired, as provided or modified by FIATPLUG, without obtaining permission or licence from any third party We may sub-license in any way all Work and material you have submitted to FIATPLUG.
All questions, comments and feedback to us at support@fiatplug.com.