Last Updated: November 18, 2022
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “User(s)”) and LQwD FinTech Corp., (“LQwD”, “we”, “us”, or “our”), concerning your access to and use of the https://lqwdfintech.com, https://lqwd.tech and https://lqwd.cloud websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You must be in compliance with all laws and regulations applicable to you based on your applicable jurisdiction. It is your exclusive responsibility to ensure that your use of the Site is compliant with the applicable laws and regulations.
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted. If at any time you do not agree to the Terms of Service as they exist or are modified, you are expressly prohibited from using the Site.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Service prior to you using the Site.
1. INTELLECTUAL PROPERTY RIGHTS
The Site is the property of LQwD alone and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights, international copyright laws, and international conventions. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever.
Provided that you are eligible to use the Site, you are hereby granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
2. USER REPRESENTATIONS
By using the Site, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete;
- You will maintain the accuracy of such information and promptly update such registration information as necessary;
- You have the legal capacity and you agree to comply with these Terms of Service;
- You are not under the age of 18;
- You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
- You will not use the Site for any illegal, unethical or unauthorized purpose;
- Your use of the Site will not violate any applicable law or regulation;
- You waive your right to participate in a class action lawsuit or a class-wide arbitration against us and/or the Representatives.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
3. USER REGISTRATION
You may be required to provide us with accurate, current and complete information about yourself as prompted by the registration process or as we may, from time to time, request, and will keep such information updated. You authorize us to make such inquiries that it considers necessary to validate your identity and you agree that we may do so using third party service providers. Such information include, but are not limited to; personal details, government-issued documents, supporting documents and other documents for us to complete the Know Your Customer (“KYC,”) process.
If you fail to comply with any request to provide us with information regarding your identity as we deem necessary to comply with our client identification and verification processes, we may immediately suspend or decline your transaction even if there are pending or unsettled transactions. Notwithstanding our client identification and verification processes, we cannot and do not guarantee the identity of any user of the Site.
You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
4. SUBSCRIPTION AND PAYMENT
All payments will be in Bitcoin.
You may be required to purchase or pay for a subscription to access some of our services on the Site. You agree to provide current, complete, and accurate purchase information for all purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time.
You agree to pay all subscriptions at the prices then in effect for your purchases, and you authorize us to charge you for any such amounts upon making your purchase. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of subscription plan you select when purchasing the subscription. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
5. CANCELLATION AND REFUNDS
You acknowledge and agree that all purchases for paid subscriptions are marked as in-process, processing, pending or complete and are non-refundable. You may cancel your subscription renewal through the Site. You will not receive a refund for the fees you already paid for your current subscription period and you will be able to access the Site until the end of your current subscription period.
It is the nature of Bitcoin on the Site that all orders placed are final with no method of chargeback or recourse for you. As such we are unable to reverse or provide refunds for any payment made through our system. This also applies if you contact us before the payment is completed but it reaches completion before we are able to respond. It is your sole responsibility to ensure that you have entered a correct and valid wallet address to send your virtual currency to and you are using a high enough network confirmation fee for the payment to be processed.
6. NON-CUSTODIAL AGREEMENT
LQwD is a non-custodial platform. This means that the Site does not keep backups or copies of your passwords, seed phrases, or any other material that would allow access to our users’ funds. Because of this, in no way can we assist in the event of losing a seed phrase or losing a password to a node. By using the Site, you agree to keep full copies of all sensitive material in case of any kind of failure, regardless of the type of failure. The Site takes no responsibility for your losing any of these materials, and you hereby release and hold harmless LQwD from any liability resulting from loss.
7. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree NOT to:
- Retrieve data or Content from the Site (other than your own) to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- Make any unauthorized use of the Site, including collecting usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- Use a buying agent or purchasing agent to make purchases on the Site;
- Use the Site to advertise or offer to sell goods and services;
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
- Engage in unauthorized framing of or linking to the Site;
- Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords;
- Make improper use of our support services or submit false reports of abuse or misconduct;
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
- Attempt to impersonate another user or person or use the username of another user;
- Sell or otherwise transfer your profile;
- Use any information obtained from the Site in order to harass, abuse, or harm another person;
- Use the Site as part of any effort to compete with us;
- Copy, adapt, decipher, decompile, disassemble, or reverse engineer any of the software on the Site;
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
- Harass, annoy, intimidate, or threaten any of our employees or agents;
- Delete the copyright or other proprietary rights notice from any Content;
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other harmful material that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
- Use the Site in a manner inconsistent with any applicable laws or regulations;
Any use of the Site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and will become our sole property. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to Submissions, and you hereby warrant that Submissions are original with you or that you have the right to submit Submissions. You agree there will be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
9. THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
10. SITE MANAGEMENT
We reserve the right, but not the obligation, to:
- Monitor the Site for violations of these Terms of Service;
- Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities;
- In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
- Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
12. TERM AND TERMINATION
These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE Terms of Service, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE Terms of Service OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
14. GOVERNING LAW
These Terms shall be governed by and defined following the laws of British Columbia, Canada. LQwD FinTech Corp. and yourself irrevocably consent that the courts of British Columbia, Canada shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms
15. DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the jurisdiction of the British Columbia, Canada courts. LQwD FinTech Corp. shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. LQWD MAKES NO GUARANTEE THAT YOUR USE OF THE SITE OR SERVICES WILL COMPLY WITH ANY APPLICABLE LAW OR REGULATION.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We are not responsible for loss of assets due to customer error. These include, but are not limited to, loss of seed, loss of credentials, or configuring the same Lightning node outside of the LQwD environment. Furthermore, we are not responsible for loss of funds due to system outages. It is up to you to ensure proper backups and monitoring of your Lightning Node with us. We may elect to provide services that assist you with monitoring and backups from time to time, but such services are not intended to shift responsibility for monitoring and backups from you to us.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
19. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
21. LEGAL COMPLIANCE & SANCTIONS
You represent and warrant that:
- You are NOT located in a country that is subject to the United States government embargo or that has been designated by the United States government as a “terrorist supporting” country, United Nations sanctions, HM Treasury’s Financial Sanctions (the “Restricted Territories”);
- You are NOT listed on any United States government list of prohibited or restricted parties such as US Treasury Department’s Specially Designated Nationals List or US Commerce Department’s Denied Persons List, Unverified List and Entity List (the “Restricted Persons”);
- You are NOT on a prescribed sanctions list.
Countries currently not supported include the Central African Republic, Democratic Republic of the Congo, Eritrea, Iran, Iraq, Lebanon, Libya, Mali, Myanmar, North Korea, Russia, Somalia, South Sudan, Sudan, Syria, Tunisia, Ukraine, Venezuela, Yemen, and Zimbabwe.
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service will not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We will not be responsible or liable for any loss, damage, delay, or failure to act as a result of any act or event which occurs and is beyond our reasonable control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, epidemic, pandemic or any unforeseen change in circumstances, or any other causes beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
If you have questions or comments about this Terms of Service,
you may email us at: [email protected]
or by postage mail to:
LQwD FinTech Corp.
1050 West Pender Street
Vancouver, British Columbia
V6E 3S7 Canada