This document was last updated on June 1, 2022
Welcome to Plasma Wallet!
To make these Terms easier to read:
● Plasma Finance is referred to as “Plasma”, “we”, “us” or “our”.
● “You” and “your” refers to anybody who accesses or uses, in any way, the Application. If you are accessing or using the App on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms and, in that case, “you” and “your” will refer to that entity.
IMPORTANT NOTE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS BY USING OR ACCESSING THE APP, YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND THE PLASMA THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW SECTION 10 BELOW FOR DETAILS REGARDING ARBITRATION.
If you come up with any further questions, please, feel free to contact us at firstname.lastname@example.org.
TL;DR: if you use the Application you state that you (a) are at least 18; (b) don’t break any laws of your jurisdiction by using the Application; (c) are not a Restricted Person; and (d) are not located, established or registered in any of the jurisdictions enlisted below titled Prohibited Localities.
General. You may not use the Application if you are otherwise barred from using the Application under applicable law.
Legality. You are solely responsible for following all laws and regulations applicable to you and your use or access of the App. If your use or access of the App conflicts with any applicable law, rule or regulation, you may not use the App.
By using or accessing the App, you represent to us that you are not subject to the Sanction Lists and you are not a Restricted Person, as defined below. “Sanction Lists” means any sanctions designations listed on economic/trade embargo lists and/or specially designated persons/blocked persons lists published by the international organisations, as well as any state and governmental authorities of any jurisdiction, including, but not limited to the lists of United Nations, European Union and its Member States, United States and United Kingdom sanctions lists.
You hereby represent that you shall at all times, regularly, at your own motion advise the Sanction Lists and conduct the necessary analysis as to whether any limitations from the Sanction Lists apply to you and whether you are allowed, and if yes, in which manner to use the Application. You must search specific jurisdictions and sanctions applicable thereto separately, including, but by no means limited to the sanctions databases: UN, OFAC, EU, UK. You at your own discretion may need to seek professional advice to determine whether the sanctions apply. You hereby accept any liability caused by your failure to check, determine and respectively apply sanction limitations to you or your entity.
We make no representations or warranties that the information, products, Content (as defined below) or App provided are appropriate for access or use in other jurisdictions. We are keen with trying our best to adhere to the legislative requirements around the world. In this regard, we are forced to allow our App only to those users, whose countries allow to operate with Virtual Currency (as defined below) at all. Thus, seeking for the maximum possible compliance, user`s identity/location verification will fail if you are located in a market where Virtual Currencies are banned/restricted by local regulations.
Prohibited Localities. Plasma cannot onboard corporate accounts of entities or personal accounts located in, established in, or a resident of Algeria, Afghanistan, Bangladesh, Bolivia, Burundi, Central African Republic, China, Columbia, Crimea Region, Cuba, Dem. Rep. Congo, Ecuador, Eritrea, Republic of Guinea, Guinea-Bissau, Hong Kong, Indonesia, Iran, Iraq, Kyrgyzstan, Lebanon, Libya, Mainland China, Macedonia, Mali, Morocco, Burma (Myanmar), Namibia, Nepal, North Korea, Pakistan, Singapore, Somalia, Sudan, South Sudan, Syria, Venezuela, Vietnam, Yemen, Zimbabwe or any other state, country or region that is included in the Sanction Lists.
Restricted Persons. Plasma does not onboard accounts of entities or personal accounts, which have been previously classified or otherwise identified by international organizations or any state and governmental authorities of any jurisdiction, as belonging or affiliated with the persons specially designated or otherwise included in the Sanction Lists (“Restricted Persons”). For the purposes of these Terms, Restricted Persons shall also include all persons or entities who reside in, are citizens of, are incorporated in, or have a registered office in the Prohibited Localities.
Non-Circumvention. You agree not to access the Application using any technology for the purposes of circumventing these Terms.
TL;DR: The Application is a Wallet, that allows you to send and receive Virtual Currency, browse the Web and submit transaction data to Blockchain Networks. As the bottom line, the main purpose of App is to make it easier for casual users, you, to handle and operate Virtual Currency. The only goal of ours is to help every user to access the decentralized world. We have no oversight, involvement, or control with respect to your Virtual Currency, or related transactions including instructions made through the Application. We do not store, send, or receive Virtual Currency. All the transfers occur on the Blockchain Networks, which are not owned by us. The App may also allow you buy Virtual Currencies for fiat currencies through third-party providers and they are the only ones responsible for those transactions. We take no part in those transactions and we take no responsibility for their proper execution or any other issues regarding these transactions. You may agree to receive push notifications from us. We may solely change how we operate the App.
The Application is a software that:
(a) generates Wallet addresses and encrypted private keys that you may use to send and receive at Ethereum, Binance Smart Chain, Polygon Network, Avalanche, Fantom, Celo, Optimism, Arbitrum and for related cryptographically secured cryptocurrency, digital tokens or digital assets (the “Virtual Currency”);
(b) allows users to browse the Internet and access any websites available on the web (“Web” or “Content”) through the mobile application’s browser; and
(c) facilitates the submission of Virtual Currency transaction data to Ethereum, Binance Smart Chain, Polygon Network, Avalanche, Fantom, Celo, Optimism, and Arbitrum -based blockchains (the “Blockchain Networks”) without requiring you to download or install the associated Ethereum, Binance Smart Chain, Polygon Network, Avalanche, Fantom, Celo, Optimism, and Arbitrum - based software to your local device.
The Application may occasionally include other features added solely for the purposes of user experience development, including for the entertainment and informational purposes, which are not intended to affect the main purpose or features of the Application described above.
The Application may automatically source your transaction through third party services that may create benefits for the Application or the third parties on the basis of price differences and temporary price inefficiencies opportunities. However, we hereby represent that such sourcing shall by no means affect the financial and technical outcome of your transaction or any other interaction through or with the Application.
Your use of the Application is at your own risk and solely at your sole discretion. When you create a Wallet in the App, you will be assigned a private key. You will be prompted to download and save a keystore - your private key encrypted with a password. You will be responsible for maintaining the confidentiality of your private key and keystore, and will be fully responsible for any and all activities that occur under your account.
Blockchain Networks Transactions. In order to be completed, all Virtual Currency transactions must be confirmed and recorded in the Virtual Currency’s associated public blockchain. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. We have no control over the Blockchain Networks and, therefore, cannot and do not ensure that any transaction details that you submit via the Application will be confirmed and processed. By using the Application, you acknowledge and agree that the transaction details you submit may not be completed, or may be substantially delayed, by the Blockchain Networks.
We do not store, transfer, transmit, convert, broker, hold, escrow, mint, mine, or otherwise interact with any Virtual Currency, security, financial instrument, or other digital or physical asset and all the interactions are performed on the third-party platforms, subject to any associated third-party terms. Any transfer that occurs in any Virtual Currency occurs on the Blockchain Network and not on a network owned by us. We therefore do not guarantee that we can affect the transfer of title or right in any Virtual Currency. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any Virtual Currency transaction initiated via the App. We strongly encourage you to review your transaction details carefully before attempting to transfer a Virtual Currency.
Completion of transactions that you instruct for through the App also depends on the availability and operation of the Blockchain Networks. Errors or forks in the Blockchain Networks may cause transactions that you initiate through the App to fail. This may mean that the transaction you were originally intending to perform will no longer be available. Unfortunately, due to the decentralised nature of the Blockchain Networks, there is no one single point of failure, and so neither we nor any particular party will be responsible to you for errors or any losses that you suffer as a result.
a direct contractual relationship with respective active third-party providers if you decide to sell Virtual Currencies through the App.
Although we facilitate your access to these services of respective active third-party providers, we, by no means are responsible for them and take no part in the transactions performed by them (even if instructed for in the App). You agree and understand that the functionalities available in the App to sell Virtual Currencies are not provided directly by us and are the only responsibility of our third-party providers, including respective active third-party providers. We cannot and do not guarantee that the
transaction instructed in the App, which is performed exclusively by the providers will be executed successfully, error-free and timely. You acknowledge that we bare no responsibility for the actions of our providers, the execution of the transaction or any other issues related to the transaction involving purchase of Virtual Currencies for fiat currencies, including any losses or damage incurred.
We and the Application are not a Virtual Currencies exchange and are not responsible for the transactions made through respective active third-party providers or other providers.
Push Notifications. You may agree to receive push notifications from the Application. If you would like to receive push notifications, you must opt in to the service by accessing “Settings” on your device and enabling “Push Notifications”. You can select to have alerts pushed to your device or only alert you within the App.
We reserve the right in our sole and absolute discretion to make changes to how we operate and provide our App`s functionality, including adding new App, modifying existing App, or suspending, discontinuing, or terminating your access to any or all portions of our App`s functionality. Some of our Application may be subject to additional terms and conditions, which are posted separately from these terms but are incorporated and form a part of these Terms if you decide to use or access those features.
TL;DR: We encrypt the information locally with a password that you provide. We do not store it at our servers. You are solely responsible for maintaining the security of your private key and any mnemonic (backup) phrase associated with your Wallet. You must keep it secure or else you may lose control of Virtual Currencies associated with the Wallet. We cannot assist you with Wallet password retrieval. We cannot generate a new password for your Wallet. Please, take precautions in order to avoid loss of access to and/or control over your Wallet, including: creating a strong password; keep the backup of your private key and any mnemonic (backup) phrase; limiting access to your computer and your Wallet; and notifying us if you suspect any security breaches related to your Wallet.
Plasma encrypts the information locally with a password you provide, that we never send to our servers. Alternatively, the information could be stored in encrypted form in Apple iCloud if it was enabled. The
private key is connected to the Wallet address and, together, they can be used to authorize the transfer of Virtual Currency to and from that Wallet address. You are solely responsible for maintaining the security of your private key and any mnemonic (backup) phrase associated with your Wallet. You must keep your Wallet address, mnemonic (backup) phrase, and private key access information secure. Failure to do so may result in the loss of control of Virtual Currencies associated with the Wallet.
Plasma stores your Wallet address but does not receive or store your Wallet password, encrypted private key, unencrypted private key, or mnemonic (backup) phrase associated with your Wallet. We cannot, therefore, assist you with Wallet password retrieval. We cannot generate a new password for your Wallet if you fail to remember your original password. If you have not safely stored a backup of any Wallet address and private key pairs maintained in your Wallet, you accept and acknowledge that any Virtual Currency you have associated with such a Wallet address will become inaccessible if you do not have your Wallet password. However, Plasma may optionally use Apple CloudKit to sync data between your Apple devices (iPhone, iPad and Apple Watch). Your data is stored in a private database, which is encrypted with an account-based key and additionally encrypted with a user-provided passphrase. Therefore, we do not have access to any data stored in your iCloud account. We also do not have access to your Apple ID.
When you create a Wallet, you are strongly advised to take precautions in order to avoid loss of access to and/or control over your Wallet. Suggested measures include, but are not limited to, the following: (a) using the backup functionality provided by the Wallet or safeguard your private key and mnemonic (backup) phrase on an external hard drive which, all users, especially users who have more than $10,000 USD in assets, are encouraged to do even if they are utilizing the App backup functionality; (b) maintaining the security of your Wallet by protecting the private key and mnemonic (backup) phrase associated with your Wallet by, for example, limiting access to your computer and your Wallet; and (c) promptly notifying us if you discover or otherwise suspect any security breaches related to your Wallet.
TL;DR: There are some strict rules: do not in any way harm Plasma, Application or other users. And also: you’re ultimately responsible for any interaction as relevant to the Application. Please review, obtain, or otherwise seek additional information or support before generates Wallet addresses.
By using or accessing the Application, you represent and warrant that you understand that there are inherent risks associated with Virtual Currency, and the underlying technologies including, without limitation, cryptography and blockchain (and their storage mechanism such as digital wallets), and you agree that the Plasma is not responsible for any losses or damages associated with these risks. You specifically acknowledge and agree that we have no control over any blockchain, Blockchain Networks or Virtual Currencies and cannot and do not ensure that any interaction via our Application will be confirmed on the relevant blockchain. Without limiting the foregoing, you specifically understand and hereby represent your acknowledgement of the following: Plasma cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms or the failure of any blockchain or the Blockchain Networks.
You agree to (a) never use the same password for a Wallet that you have ever used outside of this service, if any, (b) keep your secret information and password confidential and do not share them with anyone else and (c) immediately notify Plasma of any unauthorized use of your account or breach of security.
In order to allow other users to have a full and positive experience of using the Application you agree that you will not use the Application in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including us);
- Is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Violates law provisions regarding money-laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion;
- Jeopardizes the security of your wallet or anyone else’s (such as allowing someone else to log in to the Application as you);
- Attempts, in any manner, to obtain the private key, password, account, or other security information from any other user, including such information about the digital wallet; - Violates the security of any computer network, or cracks any passwords or security encryption codes; or
- Decompiles, reverse engineers, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Application.
TL;DR: you may incur fees associated if you use certain functionality accessible through the Application. In no way Plasma earns a commission on users` transactions or storage of Virtual Currency or for the use of the Wallet itself.
While we do not charge fees for access to the Application, you may incur fees when you use the Application. The following charges may be involved while using the Application:
Blockchain Charges. In connection with your use of the Application, you agree to bear all costs necessary to conduct a transaction, such as "gas" cost on the Ethereum, Binance Smart Chain, Polygon Network, Avalanche, Fantom, Celo, Optimism, Arbitrum and other blockchain networks, for the computational resources required to perform a transaction on the particular blockchain network. We will try to provide you with the accurate estimates of these charges for your information, but this information is highly volatile and can change quickly and we cannot and do not guarantee the accuracy, stability, availability of this information. You specifically acknowledge and agree that the Plasma has no control over: (a) any transactions within the Blockchain Networks; (b) the calculation or method of payment of any gas charges; or (c) any actual payments of gas charges. You must ensure that you have a sufficient balance of Virtual Currency stored at your Wallet Address to complete any transaction on the Blockchain Networks before initiating such blockchain transaction.
Charges by Providers. As stated above, the App may also allow you to buy Virtual Currencies for fiat currencies via respective active third-party providers. We do not take part in these transactions and respectively are not responsible for any fees involved. We cannot and do not guarantee the fee rates applied by these providers, and it is of your responsibility to check them when you make the sale. Please consult their terms and user agreement for further information.
Third-Parties Fees. Wallet provides the ability to connect it to the third-party services, whose features will allow Wallet`s users to fully operate their Virtual Currency. Accordingly, we provide our API to third parties on the Software-as-a-Service basis. If you access App and uses functionality of third-parties services and/or apps, then any fees charged therein are exclusively and solely by such third-party services and/or app, platforms and not by us. Please read and decide on accepting the fee terms of such third parties before deciding on whether to use such third-parties` functionality.
TL;DR: This is very important (like, bold important) so please read the whole section carefully for specifics. It explains that we don’t make any warranties about the Application or Content.
You understand and agree that we are software developers and providers of software App and do not custody, control or manage user funds in any manner whatsoever. The Application may enable access to an online, decentralized and autonomous protocol and environment, and associated decentralized networks, that are not controlled by the Plasma. We do not have access to your private key and cannot initiate a transfer of Virtual Currency or otherwise access your Virtual Currency or your Wallet. We are not responsible for any activities that you engage in when using your Wallet or any other wallet or the Application.
TL;DR: we provide no representations or warranty as to the Application andContent.
You expressly understand and agree that your use of the Application at your sole risk. We make and expressly disclaim all representations and warranties, express, implied or statutory, and with respect to the Application, and the code proprietary or open source, we specifically do not represent and warrant and expressly disclaim any representation or warranty, express, implied or statutory, including without limitation, any representations or warranties of title, non-infringement, merchantability, usage, security, suitability or fitness for any particular purpose, or as to the workmanship or technical coding thereof, or the absence of any defects therein, whether latent or patent. We do not represent or warrant that the Application, code and any related information are accurate, complete, reliable, current or error-free. The Application is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Plasma has no control over, and no duty to take any action regarding: which users gain access to or use the App; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Plasma from all liability for you having acquired or not acquired Content through the App. Plasma makes no representations concerning any Content contained in or accessed through the App, and Plasma will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Application.
TL;DR: we are not responsible for transferring, safeguarding, or maintaining your private keys.
You acknowledge that Plasma is not responsible for transferring, safeguarding, or maintaining your private keys or any Virtual Currency associated therewith. If you lose, mishandle or have stolen associated Virtual Currency private keys, you acknowledge that you may not be able to recover associated Virtual Currency, and that Plasma is not responsible for such loss. You acknowledge that Plasma is not responsible for any loss, damage or liability arising from your failure to comply with the terms hereunder.
TL;DR: blockchain applications are code subject to flaws and we do not provide any warranties on a security of such applications.
You further acknowledge that blockchain applications are code subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the App or Content and the trustworthiness of any third-party websites, products, smart-contracts, or Content you access or use through the Application. You further expressly acknowledge and represent that blockchain applications can be written maliciously or negligently, that Plasma cannot be held liable for your interaction with such applications and that such applications may cause the loss of property or even identity. This warning and others later provided by Plasma in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Application or Content.
TL;DR: we are doing our best, but we don’t warrant that the Application will be uninterrupted.
To the maximum extent permitted under Applicable Law, the Application (and any of their content or functionality) provided by or on behalf of us is provided on an “AS IS” and “AS AVAILABLE” basis, and we expressly disclaim, and you hereby waive, any representations, conditions or warranties of any kind, whether express or implied, legal, statutory or otherwise, or arising from statute, otherwise in law, course of dealing, or usage of trade, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights. Without limiting the foregoing, we do not represent or warrant that the Application (including any related data) will be uninterrupted, available at any particular time or error-free. Further, we do not warrant that errors in the Application is correctable or will be corrected.
TL;DR: If someone sues us because of something you did, you’re responsible for it, so read the below carefully.
You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs and expenses arising from: (a) your access to and use of the Application; (b) your violation of these Terms, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party’s access and use of the Application with your assistance or using any device or account that you own or control.
TL;DR: It's really important to highlight how our liability is limited when it comes to issues you may encounter with our service. Please read the whole section carefully.
You expressly understand and agree that Plasma and our affiliates and service providers, and their respective officers, directors, agents, joint ventures, employees, and representatives will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including without limitation damages for loss of goodwill, use, data, or other intangible losses (even if Plasma has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (i) the access, use or the inability to access or use the App the cost of procurement of substitute goods and App resulting from any goods, data, information, or App purchased or obtained or messages received or transactions entered into through or from the App; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the App. In no event will Plasma’s aggregate liability arising out of or in connection with the Application exceed the amount of fees paid by you to us in the twelve (12) month period immediately preceding the event giving rise to the claim for liability.
TL;DR: our content is ours.
Our Content. The Application and information, data, text, images, written posts and comments, software, scripts, maps, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Application, features and functionality (including but not limited to all information, software, scripts, algorithms, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by us, our licensors or other providers of such material, and subject to copyright, trademark, patent, trade secret
and other intellectual property or proprietary rights laws. Plasma and associated names, logos and all related names, logos, product and service names, designs and slogans are trademarks of the Plasma or its affiliates or licensors (if and as applicable). You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Application are the trademarks of their respective owners.
Limited License. We grant you limited, non-exclusive, revocable permission to make use of the App (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or us. You promise and agree that you will not redistribute or transfer the App. The Plasma software application, including without limitation the App, are not sold or transferred to you, and Plasma and its licensors retain ownership of all copies of the software applications even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices (“Devices”). All trademarks, service marks, trade names, logos, domain names, and any other features of the Plasma brand are the sole property of Plasma or its licensors. The Terms do not grant you any rights to use any Plasma brand features whether for commercial or non-commercial use. You agree to abide by our user guidelines and not to use the App or any part thereof in any manner not expressly permitted by the Terms. Except for the rights expressly granted to you in the Terms, Plasma grants no right, title, or interest to you in the App. Third party software (for example, open source software libraries) included in the Application are made available to you under the relevant third-party software library’s license terms. Notwithstanding anything herein to the contrary, nothing in the Terms entitles you to copy, modify, fork, merge, combine with another program or create a derivative work of the App.
Licence restrictions. Except as expressly set out in this Terms or as specifically permitted by any local law, you agree:
- not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security; - not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
- not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or 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 interoperability of the App with another software program, and provided that the information obtained by you during such activities: undefined not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from Plasma; and
- to comply with all technology control or export laws and regulations that may apply to the technology used or supported by the App.
TL;DR: A third party arbitrator will help us resolve any disputes we might have. This means that any dispute will be resolved outside of class-action litigation. Hopefully, disputes will never be an issue, but you should read this section carefully for details on how it works.
Binding Arbitration. Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and the Plasma: (a) waive the right to have
any and all disputes or claims arising from these Terms, your use or access to the Application or any other disputes with the Plasma (collectively, “Disputes”) resolved in a court; and (b) waive any right to a jury trial. Instead, you and the Plasma agree to arbitrate Disputes that are not resolved informally (as described below) through binding arbitration (i.e. the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it) instead of having the Dispute decided by a judge or jury in court).
No Class Arbitrations, Class Actions or Representative Actions. You and the Plasma agree that any dispute is personal to you and the Plasma and that any such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. Neither party agrees to class arbitration or to an arbitration in which individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and the Plasma agree that a dispute cannot be brought as a class, or other types of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Process. You and the Plasma agree that each will notify the other, in writing, of any Dispute within thirty (30) days of when it arises so that the parties can attempt, in good faith, to resolve the Dispute informally. Notice to the Plasma shall be provided by sending an email to email@example.com. Your notice must include: (1) your name, postal address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific action that you are seeking. If you and the Plasma cannot resolve the Dispute within thirty (30) days of the Plasma receiving the notice, either you or Plasma may, as appropriate pursuant to this Section 10, commence an arbitration proceeding. You and the Plasma agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arose; otherwise, you and the Plasma agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute).
Choice of Law. These Terms are governed by and will be construed under the laws of the British Virgin Islands without regard to the conflicts of law provisions of such jurisdiction. Any Dispute under this Terms shall be finally settled by Binding Arbitration (as defined below). Any unresolved Dispute arising out of or in connection with these Terms, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration (LCIA), which rules are deemed to be incorporated by reference into this Clause 10 to the extent they are consistent with it. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in London, United Kingdom, in English, in accordance with the LCIA Arbitration Rules.
Authority of Arbitrator. As limited by these Terms and applicable arbitration rules, the arbitrator will have: (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute; and (b) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’ s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Changes. We may amend any portion of these Terms at any time by posting the revised version of these Terms with an updated revision date. The changes will become effective, and shall be deemed accepted by you, the first time you use or access the Application after the initial posting of the revised Terms and shall apply on a going-forward basis with respect to your use of the Application including any transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Application.
Third-Party Links. The Application may provide links to other World Wide Web or accessible sites, applications or resources provided by third parties. Because we have no control over such sites,
applications and resources, you acknowledge and agree that we are not responsible for the content and availability of such external sites, applications or resources. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites, applications or resources.
Entire Agreement. These Terms (and any additional terms, rules and conditions of participation that may be posted on Application) constitute the entire agreement with respect to the Application and supersedes any prior agreements, oral or written. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over these Terms to the extent of the conflict.
Survival. Upon termination of these Terms for any reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.
Captions and Summaries. The captions identifying the various sections and subsections of these Terms are for reference only and do not define, modify, expand, or limit any of the provisions of these Terms and shall not affect the interpretation of these Terms. In addition, the paragraphs and text accompanying the words “TL;DR” at the beginning of certain sections are intended to summarize the applicable section of these Terms and do not define, modify, expand, or limit any of the provisions of these Terms and shall not affect the interpretation of these Terms.