Terms of Service
1. Introduction
Users (hereby collectively known as “Users” or “you”) are advised to read these Terms of Service carefully as these Terms of Service contain fundamental information about Users’ remedies, legal rights as well as obligations. You agree to comply with and be bound by these Terms of Service as stipulated herein upon accessing or using the service (“Service”) as defined below.
These Terms of Service detailed out the provision of Service is accessible at pinigus.com and/or any other website and/or web portal through which the Service is available (collectively, the “Site“) and applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).
Therefore, by using our Service, you unconditionally agree that the Service provides the network and the platform to use, manage, store and trade crypto currency namely Pinigus that includes crypto currency portfolio management with tools to keep track of crypto currency investment market data, latest crypto currency news updates and any additional information related to cryptocurrencies (“Pinigus”).
By using the Service, you shall also be deemed as confirming that you are over the age of 18.
All visitors, Users, and others who access the Service, Application and/or Site (“Users”) are conditioned to these Terms of Service.
2. Privacy
Your use of the Service is subject to Pinigus privacy policy. Such privacy policy shall also govern the Users and inform the Users of the Pinigus data collection practices.
3. Password
You are solely responsible to take precautionary measures on your password that you use for your Account and for any activities or actions logged under your Account, regardless you have been authorized to such activities or actions. Pinigus shall not be liable for any damage or loss resulting from the User’s failure to comply with the above requirements. In order for Pinigus to provide you with certain Services, you have the choice of providing us with your Username/login and password to various social networking and online sites and accounts that you intend to link with your account. On top of that, if you decide to share your usernames and login credentials to these other accounts, you may grant Pinigus the permission to log in on your behalf and access the same solely to the extent necessary to provide this Service. Otherwise, we will store and retain your password confidential. Regardless the above, you are still under the obligation to maintain the confidentiality of your password(s) and account(s) and are fully accountable for all activities that take place under your username(s) or account(s).
4. Unlawful and prohibited activities
You agreed-
(a) not to impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with any company for whatever reason including to deceive or defraud;
(b) not to use Pinigus in any manner which could damage Pinigus or interfere with any other party’s use and enjoyment;
(c) not to use the Service to facilitate any illegal activities;
(d) not to make any sorts of payment that include false billing information, whether whole or partial;
(e) not to submit, upload, post, transmit or display any information or material that violates a third party’s copyright, trademark, trade secret or intellectual property right;
(f) not to violate any applicable law or regulation;
(g) not to use Pinigus for purpose that is prohibited by these Terms of Service;
(h) not to attempt to disassemble, decipher, decompile or reverse engineer any of the software used to provide the Service, Application and/or Site;
(i) not to tamper with, access, or use non-public areas of the Service, Application and/or Site, Pinigus’s computer systems, or the technical delivery systems of Pinigus’s providers;
(j) not to attempt to probe, scan or test the vulnerability of any of Pinigus system or network or breach any security or authentication measures;
(k) not to attempt to access or search the Service, Application and/or Site or download content from the Service, Application and/or Site through the use of any device, tool, engine, agent, or software or mechanism (including crawlers, robots, spiders, data mining tools or the like) other than the software and/or search agents provided by Pinigus or other generally available third-party web browsers;
(l) not to collect, gather, or use information, such as other Users’ names, real names, email addresses, available through the Service, Application and/or Site to transmit any unsolicited spam, advertising, junk mail, or other form of solicitation;
(m) not to display, use mirror or frame the Service, Application and/or Site or any individual element within the Service, Application and/or Site, any Pinigus trademark, logo or other proprietary information, or the layout and design of any page or from contained on a page in the Service, Application and/or Site, without Pinigus’s express written consent;
(n) not to deactivate, bypass, remove, impair, descramble, or otherwise circumvent any technological measure implemented by Pinigus or any of Pinigus’s providers or any third party (including another User) to protect the Service, Application and/or Site;
(o) not to enable, encourage, or assist any other individual to do any of the foregoing; and
(p) not to use the Application, Service, and/or Site, for any commercial purpose or for the benefit of any third party or in any manner not provided by these Terms of Service.
5. Fees imposed
The Service provided by Pinigus to the Users is Fee dependant. However, upon registering or subscripting to an account (“Registered Users”), Pinigus reserves the right to impose taxes and fees in connection with such payment to you. Be reminded that all charges and fees are non- refundable. On top of that, Pinigus reserves the right to change the amount of fees accordingly (if any) at any time with notice give beforehand.
You may make the payment by using the updated and available modes of payment provided by the Service in which such fees and charges are regarded as duly paid only after the payment has been confirmed.
6. Account registration
You are responsible to keep your Username, password as well as the confidentiality of your account (“Account”) if you were to create or to register an account. Furthermore, the Users are responsible that all activities using the Users’ account, Username and password. Please be well aware that Pinigus shall not be responsible for any third party access that resulted from any misappropriation of account. Please also be informed that we have the right to terminate your account at its sole discretion and suspend a Username that we believe to be illegal, impersonating someone else or protected by any other trademarks or any proprietary rights laws.
7. Third party service
Pinigus provides Service that may also contain links to third party websites, services and resource. Pinigus however, shall not be liable or responsible for-
(i) any content, information or materials of any third parties (including other Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use through such third parties.
(ii) the accuracy or availability of such service.
You, as the User are solely responsible for and assume all risks arising from your reliance or any kinds of use of any third party service.
8. License to the service
We serve you the right to access and use the Service, solely for your own personal use subject to your compliance with these Terms of Service. As for that, you may not do the following:
(i) use the Service in any illegal and unlawful manner, for any unlawful and illegal purpose, or in any manner inconsistent or not stipulated in these Terms of Service;
(ii) sublicense, lease, transfer, lend, rent or otherwise distribute the Service to any third party.
(iii) allow the functionality of the Service available to multiple Users through any means.
(iv) disassemble, decompile, reverse-engineer, or create derivative works of the Service; or
(v) amend, copy, modify or distribute the Service for whatever reason .
9. Indemnity
You agree and understand to defend, indemnify, and hold Pinigus, its directors, officers, agents, employees, protected from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, Application and/or Site or your violation of these Terms of Service.
10. Liability
You, HEREBY AGREE AND ACKNOWLEDGE that, to the maximum extent permissible by law, the entire risk arising out of your access to and use of the Service, Application, and/or Site remains with you unless you. Pinigus however, shall not be liable for any incidental, exemplary, consequential or special damages, including lost profits or loss of data, computer damage or system failure, loss of goodwill, service interruption, or for any damages for personal or bodily injury or emotional distress the cost of substitute products or service arising out of or in connection with the following:
(i) these Terms of Service;
(ii) whether or not Pinigus has been informed of the possibility of such damage;
(iii) from the use of or its inability to use the Service, Application and/or Site; and
(iv) from any interactions ,communications with other persons with whom you interact or communicate with as a result of your use of the Service, Application and/or Site.
11. Taxes
Users are to be taken full responsibility in order to determine as to whether there are any taxes applicable for any transaction made via the Service. As such, in such circumstances, Users shall remit, report and withhold the relevant fund to the appropriate tax authorities.
12. Unclaimed property
We will try to locate you at the address(s) provided by you to us if your account has no record of use of the Service and any fund for more than (5) years. We may report such fund as unclaimed property to the relevant jurisdiction if we are unable to locate you. Also, we reserve the right to deduct any fee as administrative charges from such unclaimed fund.
13. Applicable law and jurisdiction
The Law of Lithuania (“Lithuanian Laws”) shall be applied and interpreted to this Terms of Service provided if you are residing in EU.
However, these Terms of Service will be conducted and interpreted following the laws of the Wales and England if you, as the user, are residing outside EU. Based on your consumer protection regulation of the country you reside, the choice of law does not affect your rights as a consumer. As an acting consumer, you hereby are agreeable to submit to the non-exclusive jurisdiction of the International Chamber of Commerce, Pairs, France. If there is any matter to dispute or to raise in connection to these Terms of Service, you may able to bring the judicial proceedings against us to a court located in the International Chamber of Commerce, Paris, France, or a court with jurisdiction in your place of residence. On the other hand, if Pinigus wants to impose any of its rights against you as a consumer, we shall impose it in the court that carries the jurisdiction at a place of your resident.
However, the International Chamber of Commerce, Paris, France shall have the exclusive jurisdictions if you are acting as a business.
14. Company content: ownership and license
Pinigus and its licensors exclusively own all interest, right, and title and to the Service, including all associated intellectual property rights unless as expressly provided in these Terms of Service. You shall not copyright, alter, remove, or obscure any trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You acknowledge and agree that any comments or suggestions you may provide regarding Pinigus or the Service (“Feedback”) shall be the sole and exclusive property of Pinigus and you hereby irrevocably assign to Pinigus all of your right, title and interest in and to all Feedback.
15. Changes to terms
Pinigus reserves the right, in its sole discretion, to change including but not limited to modify, amend, delete, insert or alter any of the Terms under which Pinigus has offered. You are bound by any modifications, alterations and changes to the Terms of Service when you use the Service, Application and/or Site after such modifications, alterations and change have been first posted.The most current version of the Terms will supersede all previous versions. You are encouraged to periodically review the Terms of Service to stay informed of any updates. You shall immediately terminate your account and ceasing using the Service, Application, and/or Site should object to any change.
16. Children’s privacy
A User must be at the age of 13 years old and above and able to enter into a legally binding contract or agreement in order to use the Service, Application, and/or Site or to create a Pinigus account. Therefore, by logging to our Service, Application and/or Site you represent and warrant that you are 13 years old or older as well as having the legal capacity and authority to enter into a contract.
On the other hand, Pinigus does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service, Application and/or Site. The Service, Application and/or Site together with its contents herein are not directed for children under the age of 13. If such cases happen where we find out that we have collected personal information from a child under age 13 without parental consent, such will be deleted immediately. If you believe that we might hold, keep, or store any information from or about a minor under 13 years old, then kindly contact us to report the same.
17. Liability disclaimer
It is at your sole discretion and risk to use the Service, Application, and/or Site. Any damages or harm that caused to your computer or mobile device, loss of data or any other kinds of harm that may incur from the Service, Application, and/or Site used by you shall not make Pinigus in any way become liable. To emphasis, Pinigus does not make any representations or warranties to the following:
(i) that the Service, Application and/or Site will be free from error or that any errors will be corrected; or
(ii) regarding the accuracy, security, likely results, timeliness, reliability, and performance of the Service, Application and/or Site including the accuracy or completeness of historical price data provided via the Service.
The Service, Application and/or Site and all materials, information, products and service included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE, APPLICATION AND/OR SITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. No advice or information, whether oral or written, obtained by you from Pinigus, will create any warranty not expressly stated in these Terms of Service.
18. Termination
Pinigus shall have the right to disable, withdraw, or terminate your access to or use of the Service, at its sole discretion and without prior notice to you in the event any of the Terms of Service has been infringed. Any termination of your access or use of the Service shall not cause Pinigus to be liable to you or any third party for such termination.
The obligations from you to Pinigus that have been stipulated under the Terms of Service (including, without limitation, ownership, confidentiality, indemnification and limitation of liability, which by their context and sense are intended to survive such suspension or termination will not be affected if such suspension or termination occurred.
19. General provisions
19.1 These Terms of Service binds the entire Agreement between Pinigus and you which is the subject matter hereof, and prevails all prior or any verbal or written agreements and understandings and even agreements between Pinigus and you in relation to the access to and use of the Service, Site and/or Application unless they may be supplemented by additional terms and conditions, guidelines, standards, or policies.
19.2 IF Pinigus fails to enforce at any point of time, any clauses under these Terms of Service, such failure shall not be construed as a waiver of such clauses or rights stated in the Terms of Service or as a waiver of any continuing, succeeding or subsequent breach of any clauses or other clauses stated in the Terms of Service. The exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise permissible under the law unless as expressly set forth under this Terms of Service.
19.3 If any of the clauses of these Terms of Service known to be illegal, unenforceable, or invalid unenforceable under any written laws or regulations such provision shall be fully severable and such Terms of Service shall be construed as if such invalid, illegal and unenforceable provision had never be a part of the content of these Terms of Service. Accordingly, the remaining clauses of these Terms of Service shall remain in full force and effect and also shall not be affected by the illegal, unforceable, and invalid provision or by its severance from this these Terms of Service.
19.4 Without prior written consent from Pinigus and upon such terms and conditions as agreed by Pinigus, you shall not transfer, novate, or assign, these Terms of Service or any part of it or any benefit or interest conferred by these Terms of Service to any third party without prior written consent from Pinigus and upon such terms and conditions as agreed by Pinigus. Without any prior notice, we may without restriction delegate, assign, or transfer these Terms of Service at our sole discretion hereunder.
19.5 As a result of these Terms of Service or the use of the Service, Application, and/or the Site, nothing stipulated under this Terms of Service in any way, shall be deemed to purport or constitute any kinds of relationship of agency, joint venture, employment or partnership between Pinigus and you as the User.
20. Contact us
Please contact us at https://pinigus.com/contacts if you have any question or concern regarding these Terms of Service.