Quantum House 75 Triq l-Abate Rigord,
Ta' Xbiex XBX 1102, Malta
TERMS OF SERVICE END USER LICENSE AGREEMENT
Welcome to PremiaBanx, powered by PREMIAFIN LIMITED! Thank you for visiting our website. We are excited to have you as a member of the PremiaBanx community.
Material Terms; As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:
The Service is licensed, not sold to you, and you may use the Service only as set forth in this EULA.
The use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, your mobile network operator's (the "Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility.
We provide the Service to you on an "as is" basis without warranties of any kind and PREMIAFIN LIMITED's liability to you is limited to the greatest extent permitted by law.
Disputes arising between you and PREMIAFIN LIMITED will be resolved by binding arbitration. By accepting this EULA, as provided in greater detail in Section 12 below, you and PREMIAFIN LIMITED are each waiving the right to a trial by jury or to participate in a class action.
If Post any Objectionable Content (defined in Section 7.g below) on the Service, then we may--but have no obligation to--take any remedial action that we, in our sole discretion, deem necessary and/or appropriate under the circumstances, such as, without limitation, suspending or terminating your Account (defined in Section 4.a below), removing all of your User Content from the Service and/or reporting you to law enforcement authorities, either directly or indirectly.
1. General Terms & Conditions
a. Changes to this EULA. You understand and agree that we may change this EULA at any time without prior notice. We will endeavor to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised EULA that you may be required to accept in order to continue using the Service. You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the Service. The revised EULA will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of the revised EULA. If you find any change to this EULA or the Service unacceptable, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this EULA will govern any updates PREMIAFIN LIMITED provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern. Notwithstanding the preceding sentences of this Section 1.a, no revisions to this EULA will apply to any dispute between you and PREMIAFIN LIMITED that arose prior to the effective date of such revision.
c. Jurisdictional Issues. The Service is controlled and operated by PREMIAFIN LIMITED from its offices in the Malta island and PREMIAFIN LIMITED is a Malta regulated software institution. PREMIAFIN LIMITED makes no representation that materials on the Service are appropriate, lawful or available for use in any locations other than the Europe in general, and Malta in particular. Those who choose to access or use the Service from locations outside Malta or the Europe do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized or penalized is strictly prohibited.
d. Eligibility. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 18 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY PREMIAFIN LIMITED. IF YOU ARE UNDER 18 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
e. Additional Terms. As described in Section 2.a below, you may be able to establish financial instruments, trusts or securities (such as a college savings trust, personal savings trust, IRA, custodial escrow or other financial account) through use of the Service ("Financial Accounts"). Prior to creation of a Financial Account, you will be required to review certain disclosures related to those Financial Accounts and accept additional agreements that govern those Financial Accounts ("Account Agreements"). The Account Agreements, and not this EULA, will govern your relationship with PREMIAFIN LIMITED with respect to the Financial Accounts and your access to and use of those Financial Accounts.
2. The Service
a. Description. The Service provides general information about the financial services that we provide, and also permits individuals and entities to establish Financial Accounts. End users that have established Financial Accounts will also be able to hold and manage the cash, securities and other assets held in their Financial Accounts.
b. Consideration; No right to compensation. You acknowledge and agree that this EULA is entered into in consideration of your use of the Service pursuant to this EULA and for other good and valuable consideration, the receipt and sufficiency of which you acknowledge. In return for enjoying the Service, you further acknowledge and agree that PREMIAFIN LIMITED may generate revenues (including from advertising), increase goodwill or otherwise increase the value of PREMIAFIN LIMITED from your use of the Service, and you will have no right to share in any such revenue, goodwill or value whatsoever.
c. Changes to the Service. PREMIAFIN LIMITED may at its sole discretion and from time-to-time change, add or remove features and functionality of the Service without any notice to you. PREMIAFIN LIMITED reserves the right to discontinue some or all of the features of the Service at any time at its sole discretion (including the provision of software updates). You acknowledge and agree that PREMIAFIN LIMITED will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. If you are dissatisfied with any changes to the Service, then your sole option is to discontinue or terminate your use of the Service as described herein.
d. Software. The terms also apply to Turnkey Solution and API services. Refer to the customer agreement for services agreement. Nevertheless, all use of the Services must be in accordance with this EULA.
a. No Investment Advice. You acknowledge that PREMIAFIN LIMITED does not provide investment advice or offer for sale any securities and that no PremiaBanx Content (as defined in Section 6.b below) constitutes or can be interpreted as either investment advice or a recommendation of securities by PREMIAFIN LIMITED. Furthermore, you agree that the contents of the Service do not constitute financial, accounting, legal or tax advice from PREMIAFIN LIMITED. You are solely responsible for conducting any legal, accounting, anti-fraud and/or other due diligence on your account(s) (including but not limited to trusts), investment preferences, investment strategies. You should always obtain independent investment and tax advice from your professional advisers before making any decisions and taking any actions on the Service or with PREMIAFIN LIMITED. That we may have, either directly or through a third-party, enabled, provided data for, assisted with or performed some basic due diligence does not constitute an endorsement or recommendation, nor a representation about the legitimacy, quality or attractiveness of any deal and is not an endorsement or recommendation of any form by PREMIAFIN LIMITED. PremiaBanx is a technology driven service provider and provides users with certain tools and models for educational purposes on the Service. PREMIAFIN LIMITED is only one of many tools you may use as part of a comprehensive investment education process, you should not and will not rely on PREMIAFIN LIMITED as the primary basis of your investment decisions (including strategy and preferences) and, except as otherwise provided for herein, PREMIAFIN LIMITED will not be liable for decisions/actions you take or authorize third parties to take on your behalf based on information you receive as a User of PREMIAFIN LIMITED or information you otherwise see on our Service.
b. Know Your Customer. You acknowledge that PREMIAFIN LIMITED will perform Know Your Customer ("KYC") procedures on all end users that establish a Financial Account, as required by applicable federal and state regulations for financial institutions, as well as PREMIAFIN LIMITED's internal policies and procedures. You agree that this is a general requirement and in compliance with regulatory rules and guidance, and in no way creates or is deemed to be any form of recommendation or advice by PREMIAFIN LIMITED. PREMIAFIN LIMITED may in its sole and absolute discretion decline to accept any person's request in anything, at any time, with no requirement for any reason or explanation; the parties agree that such decline(s), if any, shall not constitute an opinion, recommendation or investment, legal or tax advice by PREMIAFIN LIMITED.
c. Background Checks. With respect to background checks (including, but not limited to data which we obtain from third parties regarding OFAC, FINCEN, PATRIOT Act, criminal history, bankruptcy, etc.), the data and information contained in our investigations is obtained from numerous regulatory, private and public sources and is thought to be reliable. However, we do NOT make any physical inspections of, nor conduct any interviews with, any entity or person or their records or location(s), do not obtain certified or audited records, do not interview any sources and do not access an exhaustive list of sources (including some which might reasonably have been considered). As such our background checks should only be viewed as reasonable results given the small fee(s) paid to obtain them and may be flawed, inaccurate or incomplete. PREMIAFIN LIMITED assumes absolutely no liability for any problems that arise out of any reliance on the background checks feature of the Service. In connection with its escrow services, PREMIAFIN LIMITED does not perform any independent due diligence on any offering, any issuer of securities, any person associated with an issuer, any person working for an issuer or participating in an offering, or any investor. Furthermore, you agree that PREMIAFIN LIMITED is conducting the investigation and only sharing relevant data at its discretion, only for purposes related to the narrow purpose of regulatory checks on persons participating in private offerings, and that PREMIAFIN LIMITED is not selling consumer data nor acting as a consumer reporting agency.
d. Different Services. You understand and agree that PREMIAFIN LIMITED may provide its users with different fiduciary and trust services. Depending on the engagement and services, PREMIAFIN LIMITED and our personnel may make recommendations and take action for clients that may differ from the advice we may give to you or any action we take on your behalf. In addition, our personnel may take actions for their own accounts based on their own personal situations that differ from the services we give you or actions we take on your behalf.
e. No Guarantee. You understand and acknowledge that the investment results you could obtain from investment information and financial insights provided by PREMIAFIN LIMITED cannot be guaranteed. All investments entail a risk of loss, and you may lose money using the Service.
f. Electronic Signatures in Global and National Commerce Act/Uniform Electronic Transactions Act. The Federal Electronic Signatures in Global and National Commerce Act ("ESIGN") and similar state laws, particularly the Uniform Electronic Transactions Act ("UETA"), authorize the creation of legally binding and enforceable agreements utilizing electronic records and signatures. ESIGN and UETA require businesses that want to use electronic records or signatures in consumer transactions to obtain the consumer's consent to receive information electronically. When an end user opens a Financial Account with us, we obtain their consent to transact business electronically and maintain electronic records in compliance with ESIGN and UETA requirements. Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing. If you sign electronically, you represent that you have the ability to access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means.
a. Log-in Credentials. While you may always browse the public-facing portions of the Service without registering with us, in order to enjoy the full benefits of the Service, including to establish a Financial Account, you must open an account with us (an "Account").
b. Account Security. You are responsible for the security of your Account and are fully responsible for all activities that occur through the use of your credentials. You agree to notify PREMIAFIN LIMITED immediately at firstname.lastname@example.org if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. PREMIAFIN LIMITED will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying PREMIAFIN LIMITED of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access External Sites (defined in Section 9 below).
c. Accuracy of Information. When creating an Account, you will provide true, accurate, current and complete information as PREMIAFIN LIMITED requests. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account that, in our sole discretion, would or might constitute a violation of this EULA, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of PREMIAFIN LIMITED, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then PREMIAFIN LIMITED may terminate your Account immediately without notice to you and without any liability to you or any third party.
5. API Clients
a. API Clients and Monitoring
The APIs are designed to help you enhance your websites and applications ("API Client(s)"). YOU AGREE THAT PREMIAFIN LIMITED MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE PREMIAFIN LIMITED PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include PREMIAFIN LIMITED accessing and using your API Client, for example to identify security issues that could affect PREMIAFIN LIMITED or its users. You will not interfere with this monitoring. PREMIAFIN LIMITED may use any technical means to overcome such interference. PREMIAFIN LIMITED may suspend access to the APIs by you or your API Client without notice if we reasonably believe that you are in violation of the Terms.
You will use commercially reasonable efforts to protect user information collected by your API Client, including personally identifiable information ("PII"), from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information to the extent required by applicable law.
PREMIAFIN LIMITED does not acquire ownership in your API Clients, and by using our APIs, you do not acquire ownership of any rights in our APIs or the content that is accessed through our APIs.
d. User Privacy and API Clients
e. API Prohibitions
When using the APIs, you may not (or allow those acting on your behalf to):
1. Sublicense an API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the APIs and offer it for use by third parties.
2. Perform an action with the intent of introducing to PREMIAFIN LIMITED products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
3. Defame, abuse, harass, stalk, or threaten others.
4. Interfere with or disrupt the APIs or the servers or networks providing the APIs.
5. Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
6. Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
7. Use the APIs for any activities where the use or failure of the APIs could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
8. Remove, obscure, or alter any PREMIAFIN LIMITED terms of service or any links to or notices of those terms.
f. Confidential Matters
1. Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials. Developer credentials may not be embedded in open source projects.
2. Our communications to you and our APIs may contain PREMIAFIN LIMITED confidential information. PREMIAFIN LIMITED confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without PREMIAFIN LIMITED's prior written consent. PREMIAFIN LIMITED confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose PREMIAFIN LIMITED confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.
6. Intellectual Property Rights
a. License. Subject to your complete and ongoing compliance with this EULA, PREMIAFIN LIMITED hereby grants you a revocable, non-exclusive, non-transferable, non-sub-licensable, royalty-free and worldwide right and license to access and use the Service solely for your personal or internal business use and solely in strict compliance with the provisions of this EULA.
b. Content. The content that PREMIAFIN LIMITED provides to users on or through the Service, including, without limitation, any text (such as company information, details of investments, account vesting details, emails sent to users, transactions, change history, etc.), graphics, photos, software and interactive features, may be protected by copyright or other intellectual property rights and owned by PREMIAFIN LIMITED or its third-party licensors (collectively, the "PREMIAFIN LIMITED content"). Moreover, PREMIAFIN LIMITED solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and any related goodwill. We grant the operators of public search engines, as well as certain partners and regulatory organizations, permission to use spiders and application programming interfaces to copy non-password protected PREMIAFIN LIMITED Content from the Service for the purposes of creating publicly available, searchable indices of the materials, including caches or archives of such materials, and for traffic metrics.
c. Marks. The PremiaBanx trademarks, service marks and logos used and displayed on the Service are PREMIAFIN LIMITED's registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the "Third-Party Trademarks," and, collectively with the PremiaBanx Trademarks, the "Trademarks"). Except as otherwise permitted by law, you may not use the Trademarks to disparage PREMIAFIN LIMITED or the applicable third-party, PREMIAFIN LIMITED's or a third-party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without PREMIAFIN LIMITED's prior express written consent. All goodwill generated from the use of any PREMIAFIN LIMITED Trademark will inure solely to PREMIAFIN LIMITED's benefit.
d. Restrictions. PREMIAFIN LIMITED hereby reserves all rights not expressly granted to you in this Section 6. Accordingly, nothing in this EULA or on the Service will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Service or any PREMIAFIN LIMITED Content or Trademarks located or displayed therein. You may not sell, transfer, assign, license, sublicense or modify the PREMIAFIN LIMITED Content, and you may not reproduce, display, publicly perform, make a derivative version of, distribute or otherwise use the PREMIAFIN LIMITED Content in any way for any public or commercial purpose without PREMIAFIN LIMITED's prior written consent. The use or posting of any of the PREMIAFIN LIMITED Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this EULA, then your right to access and/or use the PREMIAFIN LIMITED Content and Service will automatically terminate and you must immediately destroy any copies you have made of the PREMIAFIN LIMITED Content.
7. User Content
a. Definition: "User Content". Means any content that Users upload, post or transmit (collectively, "Post") to or through the Service including, without limitation, any text, photographs and any other works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret and copyright laws, and excludes any and all PREMIAFIN LIMITED Content.
b. Screening User Content. PREMIAFIN LIMITED offers Users the ability to submit User Content to or transmit through the Service. PREMIAFIN LIMITED does not pre-screen any User Content, but reserves the right to remove, disallow, block or delete any User Content in its sole discretion. In addition, we have the right--but not the obligation--in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate this EULA or applicable law or to otherwise constitute Objectionable Content; or (ii) in response to complaints from third parties, with or without notice and without any liability to you. Without limiting the preceding sentences of this Section, PREMIAFIN LIMITED also has the right--but not the obligation--to take remedial action in connection with any Objectionable Content Posted on the Service as described more fully in Section 7.g below. We recommend that you save copies of any User Content that you Post to the Service on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. PREMIAFIN LIMITED does not guarantee the accuracy, integrity, appropriateness, availability or quality of any User Content, and under no circumstances will PREMIAFIN LIMITED be liable in any way for any User Content.
c. Intellectual Property Rights. YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT AND SUBMITTING YOUR USER CONTENT TO THE SERVICE DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS.
d. Licenses to User Content. You hereby grant PREMIAFIN LIMITED an unrestricted, assignable, sub-licensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites and otherwise exploit and use (collectively, "Use") all or any part of all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing and promoting PREMIAFIN LIMITED and the Service; (ii) displaying and sharing your User Content to other Users of the Service; and (iii) providing the Service as authorized by this EULA. You further grant PREMIAFIN LIMITED a royalty-free license to use your user name, image and likeness to identify you as the source of any of your User Content. You must not Post any User Content on or through the Service or transmit to PREMIAFIN LIMITED any User Content that you consider to be confidential or proprietary. Any User Content Posted by you to or through the Service or transmitted to PREMIAFIN LIMITED will be considered non-confidential and non-proprietary, and treated as such by PREMIAFIN LIMITED, and may be used by PREMIAFIN LIMITED in accordance with this EULA without notice to you and without any liability to PREMIAFIN LIMITED.
e. You Must Have Rights to the Content You Post. You must not Post any User Content to the Service if you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service. You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the licenses set forth in this EULA; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, including, but not limited to, the rights of any person visible in any of your User Content; (iii) the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of Posting your User Content on the Service.
f. Waiver of Rights to User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
g. Objectionable Content. You are not permitted to and agree not to Post any User Content to the Service that is or could be interpreted to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar or in violation of any applicable laws (including laws related to speech); (ii) promoting any product, good or service, or bigotry, discrimination, hatred, intolerance, racism or inciting violence (including suicide), in each of clauses (i) and (ii) of this Section, as PREMIAFIN LIMITED may determine in its sole and absolute discretion (collectively, "Objectionable Content"). The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in this EULA may be raised as a defense against any third-party claims arising from your Posting of Objectionable Content. You also agree not to use the Service for illegal or unlawful purposes, including, without limitation, to stalk any other User or to encourage any User to harm themselves or any other person. Except as provided for in Section 11 below, if you encounter any Objectionable Content on the Service, then please immediately email PREMIAFIN LIMITED or inform us through the functionality offered on the Service. You acknowledge and agree that PREMIAFIN LIMITED provides you with the ability to report Objectionable Content as a courtesy, and PREMIAFIN LIMITED has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to us. However, PREMIAFIN LIMITED in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content on the Service, including, but not limited to, warning the User, suspending or terminating the User's Account, removing all of the User's User Content Posted on the Service and/or reporting the User to law enforcement authorities, either directly or indirectly.
h. No Liability. For the avoidance of doubt, PREMIAFIN LIMITED will not be liable for any unauthorized use of User Content by any User.
8. Restrictions on Use of the Service
a. In addition to any other restrictions set forth in this EULA, and without limiting those restrictions, when using the Service, you agree not to (and not to attempt to):
i. Make unauthorized copies of any content made available on or through the Service;
ii. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
iii. Attempt to decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up the Service;
iv. Delete or alter any material PREMIAFIN LIMITED or any other person or entity Posts on the Service;
v. Frame or link to any of the materials or information available on the Service;
vi. Alter, deface, mutilate or otherwise bypass any approved software through which the Service is made available;
vii. Use any trademarks, service marks, design marks, logos, photographs or other content belonging to PREMIAFIN LIMITED or obtained from the Service;
viii. Access, tamper with or use non-public areas of the Service, PREMIAFIN LIMITED's (and its hosting company's) computer systems and infrastructure or the technical delivery systems of PREMIAFIN LIMITED's providers;
ix. Provide any false personal information to PREMIAFIN LIMITED;
x. Create a false identity or impersonate another person or entity in any way;
xi. Create a new account with PREMIAFIN LIMITED, without PREMIAFIN LIMITED's express written consent, if PREMIAFIN LIMITED has previously disabled an account of yours;
xii. Solicit, or attempt to solicit, personal information from other Users of the Service;
xiii. Restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about or threaten, harass, menace or intimidate users of the Service;
xiv. Register or create any naming convention in the Service that includes a Trademark without the prior written consent of the owner of such Trademark;
xv. Use the Service, without PREMIAFIN LIMITED's express written consent, for any unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
xvi. Use the Service to send communications to persons who have requested that you not send them communications;
xvii. Gain unauthorized access to the Service, to other users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
xviii. Post any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment or any other aspect of the Service or communications equipment and computers connected to the Service;
xix. interfere with or disrupt the Service, networks or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers; or
xx. Violate any applicable federal, state or local laws or regulations or the terms of this EULA.
9. External Sites
The Service may contain links to or the ability to share information with third party websites ("External Sites"). PREMIAFIN LIMITED does not endorse any External Sites or the content made available on such External Sites. All External Sites and any content thereon are developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites. PREMIAFIN LIMITED is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer and mobile devices from viruses and other destructive programs. If you decide to access any External Sites, purchase any content from External Sites or subscribe to services offered by such External Site, then you do so at your own risk. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT PREMIAFIN LIMITED WILL HAVE NO LIABILITY TO YOU ARISING FROM YOUR USE, ENGAGEMENT, EXPOSURE TO OR INTERACTION WITH ANY EXTERNAL SITES. FURTHERMORE, PREMIAFIN LIMITED DOES NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY EXTERNAL SITE, AND, EVEN IF COMPENSATED, WHETHER FOR A FIXED FEE OR VIA CPC, CPM, CPA OR OTHER BASIS, IN NO WAY SHALL PREMIAFIN LIMITED BE CONSIDERED A PARTY TO OR IN ANY WAY HAVE RESPONSIBILITY TO MONITOR OR WARRANTY ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
While we are continually working to develop and evaluate our own product ideas and features, we know we don't have all the answers. We therefore welcome your feedback, comments and suggestions. If you choose to contribute by sending PREMIAFIN LIMITED or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games or other types of content), promotions, strategies or product/feature names or any related documentation, artwork, computer code, diagrams or other materials, or testimonials or compliments (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to PREMIAFIN LIMITED, you agree that:
a. PREMIAFIN LIMITED has no obligation to review, consider or implement your Feedback, or to return to you all or part of any Feedback for any reason;
b. Feedback is provided on a non-confidential basis, and PREMIAFIN LIMITED is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way, nor is it under any obligation to credit or otherwise attribute any Feedback to you, nor to compensate you in any manner regardless of how and where such Feedback is used; and
c. irrevocably grant PREMIAFIN LIMITED perpetual and unlimited permission to reproduce, modify, distribute, display, publish, transmit, communicate to the public, make available, broadcast, create derivative works from, publicly perform (including on a through-to-the audience basis) and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
11. Dispute Resolution
a. General. In the interest of resolving disputes between you and PREMIAFIN LIMITED in the most expedient and cost-effective manner, you and PREMIAFIN LIMITED agree that any dispute arising out of or in any way related to this EULA or your use of the App will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this EULA or your use of the App, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether a claim arises during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND PREMIAFIN LIMITED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
b. Exceptions. Notwithstanding Section 12.a above, nothing in this EULA will be deemed to waive, preclude or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
c. No Class Actions. YOU AND PREMIAFIN LIMITED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and PREMIAFIN LIMITED agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
13. Limitation of liability and disclaimer of warranties. THE FOLLOWING TERMS IN THIS SECTION 13 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
a. PREMIAFIN LIMITED, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE "PREMIAFIN LIMITED PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, RELIABILITY, COMPLETENESS, APPROPRIATENESS, TIMELINESS OR RELIABILITY THEREOF. THE PREMIAFIN LIMITED PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SERVICE OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
b. THE PREMIAFIN LIMITED PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO PREMIAFIN LIMITED PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
c. SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE PREMIAFIN LIMITED PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.
d. IN NO EVENT WILL ANY PREMIAFIN LIMITED PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PREMIAFIN LIMITED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PREMIAFIN LIMITED'S LIABILITY, AND THE LIABILITY OF ANY OTHER PREMIAFIN LIMITED PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE FEES YOU HAVE PAID US UNDER THIS EULA AND EUR 100.
14. Third-Party Disputes
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE PREMIAFIN LIMITED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
a. As between you and PREMIAFIN LIMITED, the Term of this EULA commences as of your first use of the Service and continues until the termination of this EULA by either you or PREMIAFIN LIMITED as described in Section 16.b below.
b. Termination By You. If you have not established a Financial Account, you may terminate this EULA by deactivating all of your Financial Account(s) and subsequently sending written notification to PREMIAFIN LIMITED at email@example.com, as well as deleting the App from your mobile device and terminating all other uses of the Service, including ever visiting any of our websites. If you wish to delete any of your User Content from the Service, then you may be able to do so using the permitted functionalities of the Service, but the removal or deletion of such User Content will not terminate this EULA. If you have established Financial Accounts, although you may terminate this EULA as described in the preceding sentence, you may only terminate your Financial Accounts as described in the applicable Account Agreements.
c. Termination by PREMIAFIN LIMITED. PREMIAFIN LIMITED reserves the right, in its sole discretion, to restrict, suspend or terminate this EULA and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this EULA or violate the rights of any third party, including by using any technological, legal, operational or other means available to us (such as blocking specific IP addresses, deleting your Account or reporting you to law enforcement). PREMIAFIN LIMITED may further terminate this EULA immediately for any other reason with or without notice to you, using the email address associated with your account credentials. PREMIAFIN LIMITED reserves the right to change, suspend or discontinue all or any part of the Service at any time without prior notice or liability. For the avoidance of doubt, if you have established Financial Accounts, although PREMIAFIN LIMITED may terminate this EULA as described in this Section, such termination will not close your Financial Accounts. All terms, conditions and procedures for closing your Financial Accounts are provided in the applicable Account Agreements.
17. Consent to Electronic Communications
19. Contact Us
If you would like to contact us in connection with your use of the Service, then please refer to the contact information below: by mail at PREMIAFIN LIMITED Quantum House 75 Triq l-Abate Rigord, Ta' Xbiex XBX 1102, Malta and by email at firstname.lastname@example.org