Terms of Service

Terms of Service

WHEN REGISTERING FOR AN AXIA APPLICATION AND ACCEPTING THESE TERMS OF SERVICE YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE DO NOT REGISTER FOR THE ASSOCIATED APPLICATION.

 

AXIA Systems Inc. (AXIA, we, us or our) is the developer and owner of various software applications (the AXIA Apps) that can be used to interact within the AXIA Ecosystem.

 

This licence agreement (Agreement) is a legal agreement between you (you) and AXIA for the software applications set out in the attached schedule (together, the AXIA Apps)

 

AXIA licenses use of the AXIA Apps to you on the basis of this Agreement. AXIA does not sell the AXIA Apps to you. AXIA remains the owner of the AXIA Apps at all times.

  1.  GRANT AND SCOPE OF LICENCE
    1. In consideration of you agreeing to abide by the terms of this Agreement, AXIA grants to you a non-exclusive, non-transferable licence to use the AXIA Apps on the terms of this Agreement.
    2. You may download, install and use the AXIA Apps for your own purposes only.
  2. RESTRICTIONS
    1. Except as expressly set out in this Agreement or as permitted by any local law, you undertake
      1. not to copy the AXIA Apps except where such copying is incidental to normal use or where it is necessary for the purpose of back-up or operational security;
      2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the AXIA Apps;
      3. not to make alterations to, or modifications of, the whole or any part of the AXIA Apps nor permit any part of them to be combined with, or become incorporated in, any other programs;
      4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the AXIA Apps nor attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the AXIA Apps with another software program or application, and provided that the information obtained by you during such activities:
        1. is used only for the purpose of achieving inter-operability of the AXIA App with another software program or application; and
        2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
        3. is not used to create any software which is substantially similar to the AXIA Apps; an
      5. not to provide or otherwise make available the AXIA Apps in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without our prior written consent from us.
  3. INTELLECTUAL PROPERTY RIGHTS
    1. You acknowledge that all intellectual property rights in the AXIA Apps anywhere in the world belong to AXIA, that rights in the AXIA Apps are licensed (not sold) to you, and that you have no rights in, or to, the AXIA Apps other than the right to use them in accordance with the terms of this Agreement.
    2. You acknowledge that you have no right to have access to the AXIA Apps in source code form.
  4. ACCEPTABLE USE RESTRICTIONS
    1. You must:
      1. not use the AXIA Apps in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the AXIA Apps or any operating system;
      2. not infringe on these intellectual property rights or those of any third party in relation to your use of the AXIA Apps including by the submission of any material (to the extent that such use is not licensed by these terms);
      3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the AXIA Apps;
      4. not use the AXIA Apps in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
      5. not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the AXIA Apps.
  5. OUR RESPONSIBILITIES TO YOU
    1. AXIA does not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused directly due to negligence or the negligence of our employees or agents of AXIA
    2. When AXIA is directly liable for damage to your property. If defective digital content that we have supplied irreparably damages a device or digital content belonging to you, if proven to be as a result of AXIA related damage, we will either repair the damage or pay you commensurate compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
    3. AXIA is not liable for business losses. The AXIA Apps are for private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    4. Limitations to the AXIA Apps. The AXIA Apps are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from an AXIA App. Although AXIA makes reasonable efforts to update the information provided by the AXIA Apps, AXIA makes no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
    5. Please back-up content and data used with the AXIA Apps. We recommend that you back up any content and data used in connection with the AXIA Apps, to protect yourself in case of problems with the AXIA Apps.
    6. Check that the AXIA Apps are suitable for you. The AXIA Apps have not been developed to meet your individual requirements. Please check that the facilities and functions of each AXIA App meets your requirements.
    7. AXIA is not responsible for events outside our control. If our provision of the AXIA Apps or support for an App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
    8. This Agreement sets out the full extent of our obligations and liabilities in respect of the supply of the AXIA Apps. Except as expressly stated in this Agreement, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the AXIA Apps which might otherwise be implied into, or incorporated in, this Agreement whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
  6. TERMINATION
    1. AXIA may end your rights to use the AXIA Apps at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
    2. If we end your rights to use the AXIA Apps:
      1. You must stop all activities authorised by these terms, including your use of the AXIA Apps;
      2. You must delete or remove the AXIA Apps from all devices in your possession; and
      3. We may remotely access your devices and remove the AXIA App from them.
  7. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
    1. We may transfer our rights and obligations under this Agreement to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.
  8. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
    1. You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing.
  9. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. Under data protection legislation, we are required to provide you with certain information about who we are, how we process the personal data of those individuals who use the AXIA Apps and for what purposes and those individuals’ rights in relation to their personal data and how to exercise them. This information is provided in the AXIA Privacy Notice https://axiacoin.org/privacy-policy/ and it is important that you read that information.
    2. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using an AXIA App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
  10. OTHER IMPORTANT TERMS
    1. This Agreement and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement or any document expressly referred to in it.
    2. If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing and that will not mean that we will automatically waive any later default by you.
    3. Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    4. This Agreement its subject matter and its formation (and any non-contractual disputes or claims) are governed by the laws of the British Virgin Islands. We both irrevocably agree to the exclusive jurisdiction of the courts of the British Virgin Islands.

 

 

 

 

AXIA SUPPORT INC. CUSTODY AND SUPPORT SERVICES

TERMS OF SERVICE

 

These terms of service (Terms) are a legal agreement between You (You or Your) and AXIA Support Inc. (AXIA, We, Us or Our)

  1. THE SERVICES
    1. As part of the AXIA Ecosystem, AXIA makes available the services described in the Services Schedule (collectively, the Services).
    2. AXIA may from time to time change or withdraw the Services it makes available. In the event the event that We intend a change that will materially alter or decrease the Services available to You, We shall use reasonable endeavours to provide sixty (60) days’ notice to You prior to making such change. In certain circumstances (for example, where we are required to change or withdraw the Services as a result of law or regulation), advance notice of such change may not be provided. We retain the absolute discretion to change or withdraw the Services available to You with immediate effect.
  2. ACCESS TO THE SERVICES
    1. We may block your access to the Services at any time by contacting You if you have breached these Terms. We may restore access to You for the Services at our sole discretion.
  3. WE ENGAGE THIRD-PARTY SERVICE PROVIDERS
    1. For the purpose of providing the Services, We have entered into agreements with one or more third-party service providers. By entering into these Terms, You consent to AXIA engaging any third-party service providers for the provision of the Services with which You have no legal relationship.
    2. We reserve the right to change the third-parties we engage without any notice to You. In cases where a change in third-parties materially alters or decreases the Services available to You, We shall use reasonable endeavors to provide notice in writing to You in accordance with Section 1 above.
  4. DEPOSITS
    1. Deposits will only be credited to Your Digital Wallet once they are Delivered.
    2. You agree and understand that Supported Assets will only be considered Assets after they have been Delivered to a Digital Wallet provided by Us to You. You agree and understand that We have no obligation with respect to any Supported Assets unless such Supported Assets have been so Delivered to us.
    3. In addition, You agree and understand that We are not required to accept Delivery of any Supported Assets, and have no liability therefor (except, if Delivered by You, to ensure return by Delivery of such Supported Assets to You to the extent permitted by law), if We believe that the acceptance thereof would or is reasonably likely to expose us or any of Our affiliates to any liability (contingent or otherwise).
  5. OWNERSHIP
    1. The ownership of Your Assets will be clearly recorded in the books of our third-party provider, as credited to You.
    2. You acknowledge that Your Assets are not subject to the protections of any government.
  6. DELETION TO BE REVERSED WITHDRAWALS
    1. Once a cold wallet Withdrawal Confirmation has been made, Your Withdrawal Request will be processed within two Business Days of the next Cut-Off Time.
    2. You agree and understand that with respect to Proper Instructions, We cannot authenticate whether or not such Proper Instructions originated from You. We are entitled to rely on and conclusively presume that any Proper Instructions come from You. You agree and understand that We have the right to refuse to execute any Withdrawal Request that We believe may be in violation of any applicable laws and regulations. You agree and understand that We may rely upon any action that We believe in good faith to have been taken by You.
  7. TAX AND LEGAL IMPLICATIONS
    1. You understand and are fully aware that using the Services performed may have certain tax and legal implications and You take full liability for any tax or legal consequences that might arise from transactions pertaining to Your Assets.
  8. YOUR REPRESENTATIONS, WARRANTIES AND COVNENANTS
    1. You represent and warrant to Us, which representations and warranties shall be continuing and shall be deemed to be reaffirmed on each date you utilize or access the Services each time You initiate a Withdrawal Request (in each case with reference to the facts and circumstances existing at such date), that:
      1. You are at least 18 years old, have the legal capacity to enter into these Terms, and agree to be legally bound by these Terms in their entirety.
      2. You have the power to enter into the Terms, to make any Withdrawal Request, and to perform Your obligations hereunder.
      3. The performance of these Terms does not violate or conflict with any law, judgment, order, regulation, or contractual obligation applicable to or binding on You or any of Your Assets.
      4. You have full legal and beneficial title to any Assets Delivered to AXIA and such Assets are free and clear of all liens, claims, encumbrances and restrictions that would prevent or restrict the Delivery of such Assets to Us or any of our third-party providers.
      5. Your obligations under these Terms constitute Your legal, valid, and binding obligation, enforceable in accordance with their respective terms (subject to applicable bankruptcy, reorganization, insolvency, moratorium, or similar laws affecting creditors’ rights generally and subject, as to enforceability, to equitable principles of general application (regardless of whether enforcement is sought in a proceeding in equity or at law)).
      6. You understand the risks associated with using the Services and that you have had the opportunity to seek legal, accounting, taxation and other professional advice regarding these Terms and the Services.
      7. You will not use the Services in any manner that is, or would result in, a violation of any applicable laws and regulations.
      8. You are aware of and familiar with, and have been fully informed of the risks associated with giving Proper Instructions, and are willing to accept such risks, and You shall safeguard and treat with extreme care any credentials related to Proper Instructions. You understand that there may be more secure methods of giving or delivering Proper Instructions than the methods selected by AXIA and You agree that the security procedures (if any) to be followed in connection therewith provide a commercially reasonable degree of protection in light of particular needs and circumstances.
      9. You agree and understand that a Withdrawal Request given pursuant to Proper Instructions may conclusively be presumed by us to have been given by You and may be acted upon as given.
      10. You agree and understand that Supported Assets are new forms of assets, that the law regarding their ownership, custody, and transfer is developing and uncertain, and that custody of such assets poses certain risks that are not present in the case of more traditional asset classes; and the Client further agrees and understands there are risks of potential loss or diminution in value of Supported Assets due to changes or developments in the law or conditions under existing law in which Your rights in and to such Supported Assets are not adequately protected.
      11. You are not, and no transferee of Assets pursuant to any Withdrawal Request is, (i) the target of any laws administered by any governmental entity imposing economic sanctions and trade embargoes, or (ii) located, organized, or resident in a country or territory that is, or whose government is, the target of sanctions imposed by any governmental entity.
      12. You agree that You will promptly inform Us if (i) You are or become the target of any laws administered by any governmental entity imposing economic sanctions and trade embargoes, (ii) You are or become located, organized, or resident in a country or territory that is, or whose government is, the target of sanctions imposed by any other governmental entity, or (iii) You become aware that You or any Asset, or any transaction involving an Asset, are or became the target of any investigation (including the reasonable details thereof).
      13. You will abide by all present and future applicable anti-money laundering and anti-terrorist financing laws, regulations and related securities commissions or regulators’ rules and governmental guidance, including, but not limited to the Proceeds of Criminal Conduct Act, 1997 and Anti-Money Laundering Regulations, 2008 (each as may be amended from time to time) (the AML Rules). You further covenant that You will, upon request, provide to AXIA any documents and information that We may require to comply with the requirements of the AML Rules. You covenant that you will not use the Services in order to conceal or disguise the origin or nature of proceeds of crime or terrorist financing, or to further any breach of the AML Rules or any other applicable anti-money laundering, terrorist financing or proceeds of crime laws or to deal in any unlawful Assets, property, funds, or proceeds.
  9. OUR LIABILITY TO YOU
    1. Except as required by Law, We are not liable to You for any harm resulting from any use or misuse of the Services.
    2. Such limitation of liability: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if We have been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on the Services, from inability to use the Services, or from the interruption, suspension, or termination the Services (including any damages incurred by third parties), interruptions caused by any computer viruses, spyware, scamware, trojan horses, worms, or other malware that may affect the Client’s computer or other equipment, or any phishing, spoofing, domain typosquatting, or other attacks, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems; and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.
    3. Nothing in these Terms shall limit Our liability towards You for claims for death or personal injury or damages caused by intentional wrongdoing or gross negligence of us, Our legal representatives or agents. In case of a breach of a material obligation under this License Agreement which is caused by gross negligence We shall only be liable for the typical, predictable, direct and average damage, unless the claim is for death or personal injury in which case Our liability towards You shall be unlimited.
  10. LIMITATION OF ACTIONS
    1. No action arising out of or relating to these Terms, the Services or the transactions they contemplate may be commenced against Us after the date that is 6 months after the basis for such claim could reasonably have been discovered by You.
  11. FORCE MAJEURE
    1. We will not be liable for delays in performance or for non-performance due to unforeseen circumstances or causes beyond Our reasonable control. You furthermore agree and understand that in the event of a market disruption, We may, in Our sole discretion, do one or more of the following: (i) suspend access to the Services; or (ii) prevent You from completing any actions via the Services. We are not liable for any losses suffered by You resulting from such actions. Following such an event, if the Services resume, You agree and understand that the prevailing market prices may differ significantly from the prices prior to such an event.
  12. HOW WE USE YOUR DATA
    1. Under data protection legislation, We are required to provide You with certain information about who We are, how We process Your personal data and for what purposes and Your rights in relation to Your personal data and how to exercise them. This information is provided in https://axiacoin.org/privacy-policy/ and it is important that You read that information.
  13. NOTICES BY ELECTRONIC COMMUNICATION
    1. Any communication to be made between Us under or in connection with these Terms may be made by electronic mail or other electronic means.
  14. CHANGES TO THESE TERMS
    1. We may need to change these Terms to reflect changes in law or best practice, to deal with additional features which We introduce or to reflect Our contractual arrangements with third-party service providers. We will use reasonable endeavors to give You at least 30 days’ notice of any change. In certain circumstances (for example, where we are required to change these Terms to reflect changes in law), advance notice of such change may not be provided.
    2. If You do not accept any change to these Terms, Your sole remedy will be to cease using the Services.
  15. WAIVER
    1. Any failure by Us to exercise any of our rights, powers, or remedies under these Terms, or any delay by Us in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by Us does not prevent either from exercising any other rights, powers, or remedies. Our remedies are cumulative with and not exclusive of any other remedy conferred by the provisions of these Terms, or by law or equity.
  16. ENTIRE AGREEMENT
    1. These Terms constitute the entire agreement between the Parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
    2. Each Party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. You agree that You shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
  17. ASSIGNMENT
    1. You may not assign any rights, or transfer any obligations, whether voluntarily or otherwise, under these Terms and any purported assignment or transfer in violation of this paragraph is void.
    2. We may, at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these Terms.
  18. TERMINATION
    1. AXIA may terminate the Services immediately by written notice to You if
      1. you commit a material or persistent breach of the Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
      2. You cease to be eligible to receive the Services.
    2. AXIA may terminate the Services at any time on fourteen (14) days’ written notice to You.
  19. SEVERANCE
    1. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.
  20. GOVERNING LAW AND JURISDICTION
    1. These Terms shall be governed and construed in all respects by the law of the British Virgin Islands.
    2. Subject to this paragraph 20, in relation to any legal action or proceedings to enforce these Terms or arising out of or in connection with these Terms (Proceedings) each of the parties irrevocably submits to the exclusive jurisdiction of the courts of the British Virgin Islands and waives any objection to Proceedings in such courts on the grounds of venue or on the grounds that the Proceedings have been brought in an inconvenient forum
    3. These submissions shall not affect the right of AXIA to take Proceedings in any other jurisdiction nor shall the taking of Proceedings in any jurisdiction preclude AXIA from taking Proceedings in any other jurisdiction.
  21. DEFINED TERMS
    1. In these Terms, the capitalised terms and phrases below have the following meanings:
      1. Airdrop: a distribution of a new Digital Asset resulting from the ownership of a pre-existing Digital Asset.
      2. Assets: any Supported Assets that have been Delivered to AXIA to be held in a Digital Wallet created by Us on Your behalf, in each case until such Assets are withdrawn or cease to be Assets pursuant to these Terms. Assets shall also mean any Digital Asset resulting from forks or airdrops that AXIA, at its sole discretion, deems to be a Supported Asset.
      3. Blockchain Address: one or more public addresses of a Digital Wallet for one of the Supported Assets.
      4. Business Day: Means any day except Saturday and Sunday or any day on which banks in the British Virgin Islands are closed.
      5. Cut-Off Time: 4pm Eastern Time each Business Day.
      6. Delivery:the transfer of Supported Assets to one or more Digital Wallets controlled by the receiving Party and provided by the receivingParty to the sending Party for such transfer. Supported Assets will only be considered Delivered to us after the required number of network confirmations, as reasonably determined by us in Our sole discretion, have occurred on the blockchain for such Supported Assets, and the terms Deliver or Delivered shall have a corresponding meaning.
      7. Digital Asset: a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network (also colloquially referred to as a “crypto-asset”, “cryptocurrency”, “virtual currency”, “Digital Asset”, “digital commodity”, or “virtual commodity”) such as bitcoin or ether.
      8. Digital Wallet: a logical collection of one or more cryptographic keys and corresponding Blockchain Addresses, which can be used to hold and transact Supported Assets.
      9. Hard Fork: a permanent divergence in a Digital Asset protocol resulting in two or more competing protocols.
      10. New Digital Asset: Any incremental Digital Assets generated as a result of a Hard Fork in or Airdrop on the applicable Digital Asset protocol.
      11. Parties: You and AXIA, each being a Party.
      12. Proper Instructions: instructions that have been sent via the AXIA Token Wallet Application or the AXIA online platform.
      13. Supported Assets: any Digital Asset from the following list: AXIA Coins (AXC) Bitcoin (BTC), Bitcoin Cash (BCH), Ethereum (ETH), Ethereum Classic (ETC), Litecoin (LTC), Dash (DASH), and Stellar Lumens (XLM).
      14. Withdrawal Request: request sent by You to AXIA via Proper Instructions that specifies the type and amount of Assets to be withdrawn from Your Digital Wallet to the destination Blockchain Address specified therein.

 

SERVICES SCHEDULE

 

  1. Storage of the Supported Assets across a set of safe and secure locations (Cold Storage). The Supported Assets in Cold Storage are stored offline and cannot be accessed over the public internet or any other type of computer or mobile network.
  2. Access to one or more Digital Wallets that can be connected to the public internet (the Warm Storage).