PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY DOWNLOADING, INSTALLING, USING CLICKING THE “CREATE ACCOUNT” BUTTON OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.
These Terms of Service and any terms expressly incorporated herein (“Terms”) apply to your access to and use of the websites and mobile applications provided by Epillo Health Systems OÜ and its wholly owned subsidiaries (collectively, “Epillo”, “epillo.io”, “we”, or “us”), and the trading, staking, NFT and other services provided by epillo.io as described in these Terms (collectively, our “Terms” “Services”).
These Terms tell you the terms on which you may make use of:
• our website https://epillo.io/. (the “Site”) and
• our mobile app called Fitmint Activ+ (the “App”),
and the contents and services available through them, as updated or added to from time to time.
In these Terms, we refer to our Site and the App collectively as the “Service”. The Service is owned and operated by Epillo Health Systems OÜ, a company having its registered office at A.H. Tammsaare Tee 47, Tallinn, Harju Maakond, Republic of Estonia, Europe (“epillo.io”, “Epillo”, “we”, “our”, and “us”).
2. YOUR PRIVACY
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3. ADDITIONAL TERMS FOR SPECIFIC SERVICES
Apple App Store | See Attachment 1 | https://www.apple.com/legal/privacy/en-ww/
In-App Purchases | http://www.apple.com/legal/internet-services/itunes/us/terms.html | https://www.apple.com/legal/privacy/en-ww/
Google Play Store | https://play.google.com/about/play-terms/index.html | https://policies.google.com/privacy?hl=en
Google Payments | https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=buyertos&ldr=uk | https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice
4. KEY DEFINITIONS
Capitalized terms not otherwise defined in these Terms will have the following meaning:
- “Asset” means any Digital Asset, Legal Tender, and/or NFT.
- “Digital Asset” means bitcoin, ether and any other digital assets that may be traded via the Services, excluding NFTs.
- “Digital Asset/NFT Account” means any Digital Asset or NFT address or account owned, controlled or operated by you that is maintained outside of the Services, and is not owned, controlled or operated by Epillo.
- “External Account” means any Financial Account or Digital Asset/NFT Account: (i) from which you may load Assets into your Fitmint Activ+ Account, and (ii) to which you may transfer Assets from your Fitmint Activ+ Account.
- “Financial Account” means any financial account of which you are the beneficial owner that is maintained by a third party outside of the Services, including, but not limited to third-party payment service accounts or accounts maintained by third party financial institutions.
- “Funds” means any Digital Asset and/or Legal Tender.
- “Fitmint Activ+” means the mobile application along with the smartwatch provided to you.
- “Fitmint Activ+ Account” means a user account accessible via the Services where Assets may be stored by Epillo on behalf of a user.
- “Legal Tender” means any national currency, such as U.S. dollars, that may be used in connection with a purchase or sale of Digital Assets or NFTs via the Services, and does not include any Digital Asset or NFT.
- “NFT” means a ‘non-fungible’ token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts or similar technology (such as tokens complying with the ERC-721 standard, ERC-1155 standard or similar ‘non-fungible’ token standard) to link to or otherwise be associated with certain content or data.
5. YOUR RIGHT TO USE THE SERVICE
Epillo grants you the right to do the following provided you follow all of the rules in these Terms:
i. download, install and use the App, and any updates to it provided by epillo.io from time to time, for your personal use only on a compatible mobile device owned or controlled by you; and
ii. access and browse the Site for your personal use only, (the “Licences”).
The Licences are for your personal and domestic use only. You must not use the Service for commercial, business or resale purposes.
Epillo.io may not make the Services available in all markets and jurisdictions, and may restrict or prohibit use of the Services from certain U.S. states or foreign jurisdictions (“Restricted Locations”). If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.
You further represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old in the U.S.); (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are not located in, under the control of, or a national or resident of (i) any Restricted Locations, or (ii) any country to which the United States has embargoed goods or services; (e) are not identified as a “Specially Designated National;” (f) are not placed on the any of the concerned Commerce Department’s Denied Persons List; (g) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms; and (h) meet all eligibility requirements for the Services at the time of using any Services.
Fitmint Activ+ may condition your access or continued access to certain Services (or features of those Services), such as by imposing eligibility requirements. Fitmint Activ+ will keep you informed of these on its website. Fitmint Activ+ may require, on an ongoing basis, that you demonstrate to us that you continue to meet these requirements. Epillo’s decisions with respect to eligibility are final.
7. TERMINATION OF YOUR RIGHT TO USE THE SERVICE
Fitmint Activ+ may end the Licences at any time and for any reason (or no reason) by giving you at least fourteen (14) days’ notice that the Licences have ended.
We may also end the Licences immediately if you break any provision of these Terms by ending your epillo.io account without notice to you.
Where any of the Licences are terminated, you must immediately cease using and accessing the Service and delete any copies of the mobile application held by you.
8. FITMINT ACTIV+ ACCOUNT
In order to use the Fitmint Activ+ mobile application along with Smartwatch and earn reward points/EHT tokens and take part in another ancillary activities, you must create a Fitmint Activ+ Account. You are responsible for all uses of your epillo.io account whether by you or a third party. You should ensure that you use your personal mobile number for verification of your account and a strong password (if applicable) for your Fitmint Activ+ Account and that the details of your password are kept confidential and secure at all times. You will be required to link your ‘Metamask’ wallet to the Fitmint Activ+ account.
You must not select as your username a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You must not transfer your Fitmint Activ+ Account to anyone else without our prior written permission.
Access to your Fitmint Activ+ Account can become restricted or even impossible if you lose control over the mobile number to which your Fitmint Activ+ Account is registered.
Your Fitmint Activ+ Account logs details of all EHT/reward points generated by you and any transfers of EHT/reward points to or from your Fitmint Activ+ Account. Please review your Fitmint Activ+ Account regularly. If you identify any erroneous transaction or unexpected activity on your Fitmint Activ+ Account, or you believe that the security of your Fitmint Activ+ Account has been compromised, you must let us know as soon as possible.
Different membership levels, as demonstrated by the different NFT avatars purchased, may apply to the Fitmint Activ+ Accounts of different users and, depending on the membership level you hold, your entitlement to access functionality of the App or generate EHT/reward point may vary.
When using the App on your mobile device, Fitmint Activ+ will operate in the background of your mobile device, which in turn may have an impact to the battery life of such device.
The mobile application stops generating Fitmint Activ+ on your mobile device or you do not use the smartwatch for 30 days. Generation of reward points restarts once you next open the App.
Fitmint Activ+ allows you to send your EHT/reward points to other users of the App. Please ensure that you have verified the identity of the recipient of the relevant Fitmint Activ+ before sending them.
In some cases, the External Account may reject your Assets or may otherwise be unavailable to receive your Assets. You agree that you will not hold Epillo liable for any damages resulting from such rejected transactions.
Be advised that Legal Tender held in your Fitmint Activ+ account is exclusively for the purchase of Digital Assets or NFTs or for withdrawal to your approved External Account or for purchase of the Smartwatch or other products/services which may be offered. Proceeds will be credited to your Fitmint Activ+ Account, less any transactional or other fees or commissions. Epillo does not pay interest on free fiat balances held in your account.
L2 Funding Services.
For certain Digital Assets (such as bitcoin), Fitmint Activ+ may facilitate your ability to use a “Layer 2” network (such as the Lightning Network) to deposit such Digital Assets to your Fitmint Activ+ Account and/or withdraw such Digital Assets to an Fitmint Activ+ Account (the “L2 Funding Services”). Without limiting the generality of the remainder of this Section, you acknowledge and agree that:
- Your use of the L2 Funding Services must comply with the relevant instructions provided to you through the Services. If Fitmint Activ+ cannot complete your transaction for any reason (such as the failure to respond to an order exceeding the minimum or maximum order size), your request to use the L2 Funding Services may be rejected or delayed without liability to Fitmint Activ+;
- Fitmint Activ+ does not own or control, makes no representations or warranties regarding, and shall incur no liability arising out of or in connection with the performance, cost, availability or functionality of any Layer 2 network you use in connection with the L2 Funding Services. For example, you acknowledge and agree that, depending on the Layer 2 network, you may be unable to transfer Digital Assets you withdraw to an External Account using the L2 Funding Services back to the base “Layer 1” network (such as the underlying Bitcoin protocol) within a particular period or time, at a particular cost or, in the case of a network malfunction, exploit, Force Majeure event or other mitigating circumstances, at all; epillo.io shall bear no liability to you or any other party in this instance; and
- Layer 2 networks are experimental in nature and present risks associated with using novel distributed ledger technology-based networks, including, but not limited to, vulnerabilities in or unanticipated changes to the applicable Layer 2 network. Fitmint Activ+ will not be responsible for any harm occurring as a result of or related to such risks.
- You represent and warrant that you have a sufficient understanding of any Layer 2 networks you utilize in connection with the L2 Funding Services (including, without limitation, functionality, usage, storage, transmission mechanisms, and other material characteristics of related Digital Assets and distributed ledger technology) to understand the terms of the L2 Funding Services, and to appreciate the related risks and implications.
9. EARNING EHT/Reward Points
“EHT/Reward Points” are units of exchange that users of Fitmint Activ+ may generate through verified physical movement (e.g. steps. EHT/reward points may be used to get certain benefits that are offered via the App. EHT cannot be redeemed for cash from Epillo Health Systems OU or any of its affiliates, unless we expressly agree otherwise with you in writing.
We reserve the right to destroy EHT/reward points that we have reason to believe have not been created by verified physical movement and to suspend or disable any Fitmint Activ+ Account used in such a way.
We reserve the right to destroy or redistribute Fitmint Activ+ that we have reason to believe have been obtained through fraud, for instance by defrauding another Fitmint Activ+ user, and to suspend or disable any Fitmint Activ+ Account used in such a way.
We reserve the right and retain the absolute discretion to determine and alter, from time to time, the eligible forms of movement, movement verification algorithms and amounts of verified movement that must be undertaken by users in order to generate Fimint Activ+ Account using the App (for example, we may alter the number of verified steps required to generate a EHT/Reward Points).
Details of current eligibility criteria and the volumes of verified movement required to generate EHT/Reward Points are provided within the FAQ section of the App. Movement verification conducted by the App is considered final and cannot be revised or reversed.
We may cap the maximum amount of EHT/Reward points that users of the App may generate each day using the App. The applicable cap may vary depending upon the NFT avatar purchased or being used by the relevant user or other criteria that we chose to apply and we may increase or decrease such caps from time to time.
10. FITMINT ACTIV+ MARKETPLACE (PRODUCTS AND SERVICES)
We are able to offer codes (“Codes”) that can be used to obtain benefits from third-parties (this may include, but is not limited to discounts that can be used with retailers, websites or other services)(“Third-Party Benefits”).You may purchase these Codes with EHT/Reward Points on a “Fitmint Activ+ Marketplace”. Although the Codes may allow you to obtain Third-Party Benefits, you are contracting directly with us when you spend your EHT on the EHT Marketplace to purchase Codes.
You agree that Fitmint Activ+ has no responsibility for any Third-Party Benefits. You are contracting directly with the relevant third party when you redeem or use your Codes to acquire Third-Party Benefits and any redemption or use happens on third party website or apps that are not controlled by us. You agree that we have no control over and do not guarantee the quality, safety or legality of any Third-Party Benefits, the truth or accuracy of their offers, or the ability of third-parties to provide any goods, services or other benefits offered. Save as otherwise expressly agreed with you, we and our affiliates do not act as agent, contractor, partner or any form of representative of the third-parties who’s Third-Party Benefits are promoted via the Fitmint Activ+ marketplace. Our operation of the Fitmint Activ+ Marketplace should not be taken as an endorsement (express or implied) of any goods, services or other benefits offered on it, nor of any third-party.
Any redemption or use of the Codes are subject to any terms that are stated as part of the Codes.
Epillo is entitled to alter the selection of Codes on offer, and the number of EHT required to redeem any such Codes offered on the Fitmint Activ+ Marketplace, as well as to limit the number of possible redemptions of any Codes by any user or group of users in its absolute discretion.
We welcome feedback on the Codes.
- DIGITAL ASSET CUSTODY AND TITLE.
All Digital Assets held in your Fitmint Activ+ Account are custodial assets held by Epillo for your benefit, as described in further detail below.
Title to Digital Assets shall at all times remain with you and shall not transfer to Epillo, except as provided herein. All interests in Digital Assets we hold for Fitmint Activ+ Accounts are held for customers, are not property of Fitmint Activ+. As the owner of Digital Assets in your Fitmint Activ+ Account, you bear all risk of loss of such Digital Assets. None of the Digital Assets in your Fitmint Activ+ Account are the property of Epillo. Epillo does not represent or treat assets in your Fitmint Activ+ Account as belonging to Epillo. However, a court may disagree with Epillo’s treatment of your assets and subject them to claims of Epillo’s creditors. Except as required by a facially valid court order, or except as provided herein, Epillo will not sell, transfer, loan, hypothecate, or otherwise alienate Digital Assets in your Fitmint Activ+ Account unless instructed by you or as otherwise authorized by these Terms. For the avoidance of doubt, and notwithstanding the other section of these Terms, Epillo makes no warranty that Digital Assets in your Fitmint Activ+ Account (including Received Assets) are held by you free and clear of any security interest or other lien or encumbrance by Epillo or others, including but not limited to Epillo’s creditors.
You control the Digital Assets held in your Fitmint Activ+ Account. At any time, subject to outages, downtime, a court order, and/or other applicable policies, you may withdraw your Digital Assets by instructing Epillo to debit the applicable Digital Asset from your Fitmint Activ+ Account and transferring the Digital Assets to an External Account.
In order to more securely and effectively custody assets, Epillo may use shared blockchain addresses, controlled by Epillo, to hold Digital Assets on behalf of users and/or held on behalf of Epillo. We maintain separate ledgers for users’ Fitmint Activ+ Accounts and Epillo accounts held by Epillo for its own benefit.
Fungibility of Certain Digital Assets.
You acknowledge and agree that Epillo may hold Digital Assets in your Fitmint Activ+ Account in a variety of different ways, including across multiple blockchain protocols, such as layer two networks, alternative layer one networks, or side chains. In connection with its holding of Digital Assets in your Fitmint Activ+ Account, Epillo may transfer such Digital Assets off of the primary blockchain protocol and hold such Digital Assets on shared blockchain addresses, controlled by Epillo, on alternative blockchain protocols in forms compatible with such protocols. You agree that all forms of the same Digital Asset that are held and made available across multiple blockchain protocols may be treated as fungible and the equivalent of each other, without regard to (a) whether any form of such Digital Asset is wrapped or (b) the blockchain protocol on which any form of such Digital Asset is stored.
Forks and Airdrops.
As described herein, you remain the lawful and beneficial owner of any Funds in your Fitmint Activ+ Account and the beneficial owner of additional assets resulting from any applicable (i) network fork that is supported by Fitmint Activ+ and (ii) airdrop or similar distribution of Digital Assets that is supported by Fitmint Activ+; provided, that Fitmint Activ+ retains sole discretion and has no obligation to support any particular forks, airdrops or similar distribution and such support remains in all instances subject to the Terms.
12. PRIZE DRAWS
From time to time, Epillo may offer you the chance to enter into prize draws sponsored by one of our third-party partners. The name of the third-party partner will be identified when you enter the prize draw and any specific terms relating to the prize draw. Each prize draw will be subject to our general prize draw terms.
13. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Service (including in the App, the Site and the Smartwatch) throughout the world belong to us (or our licensors) and the rights in the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Service other than the right to use them in accordance with these Terms.
“Fitmint Activ+” “epillo.io” is the trading name of Epillo and we hold registered and unregistered trade mark rights in respect of this name.
14. USER CONTENT
You are solely responsible for any data, text, images, graphics and other content that you submit, post or display on or via us (“Your Content”).
We do not claim ownership of any User Content. However, you grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable, perpetual licence to use, aggregate, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate and otherwise fully exploit Your Content for any purpose relating to the Service and our business, at any time.
You agree that we are not responsible for, and do not endorse, Your Content or any data, text, images, graphics and other content that may be submitted, posted or displayed on or via the Service by another user (“Other User Content”) and that we do not have any obligation to monitor, edit, or remove Your Content or any Other User Content. However, we reserve the right, without obligation, to monitor, moderate, edit or remove any such content.
In general, we will only review Your Content if it is relevant to an issue that we are investigating either as a result of a query from you or another user, as a result of an appeal to an account suspension, or as a result of a technical problem with the Service. You agree that we may access and use Your Content for this purpose.
You will make sure that Your Content is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
You agree that Your Content must not:
(i) infringe any third party’s copyrights or other rights (e.g., trade mark, privacy rights, etc.);
(ii) contain sexually explicit content or pornography;
(iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group;
(iv) exploit minors;
(v) depict unlawful acts or extreme violence;
(vi) depict animal cruelty or extreme violence towards animals;
(vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
(viii) break any law, rule or regulation.
We welcome any feedback or suggestions for improvements relating to the Service and/or any related products and services offered by us from time to time (“Feedback”). Where you provide Feedback to us you agree that we and our affiliates will have the right to use such Feedback for such purposes as we see fit from time to time, including to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion. We will not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use it.
- EPILLO HEALTH TOKEN
The Epillo Health Token is a cryptographic token issued by Epillo You can find more information about Epillo and Epillo Health Tokens (including how they can be exchanged, spent or redeemed) here (epillo.io/whitepaper)(hyperlink.
Epillo Health Tokens are not the same as Reward Points, but you can exchange the reward you hold in your Fitmitn Activ+ Account for EHT.
To exchange your Reward Points for EHT you will be able to do it in the Fitmint Activ+ Mobile Applcaition and by activating the in-app wallet.
You can then exchange your Reward Points for Epillo Health Tokens at the exchange rates published through App or Site from time to time.
17. ACCEPTABLE USE
You agree that you shall not:
- seek to generate Reward Points by any means other than your genuine physical movement meeting the eligibility criteria specified by Epillo from time to time and, in particular, you shall not (i) simulate any movement using artificial and/or mechanical means, (ii) enlist third parties to generate Reward points on your behalf (however, you may receive transfers of Reward Points validly generated by other users using the functionality available within the App);
- copy, adapt, transmit, reverse engineer, decompile, disassemble, modify, sell the App or Site or any content accessible on either, save as otherwise expressly permitted by these Terms or applicable law;
- operate more than one Fitmint Activ+ Account;
- use Fitmint Activ+ in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service;
- reproduce, frame, display or mirror Fitmint Activ+ other than as a necessary consequence of their normal operation by you;
- infringe our intellectual property rights or those of any third party in relation to your use of Fitmint Activ+;
- transmit any material that is defamatory, explicit, offensive or otherwise objectionable on Fitmint Activ+;
- use Fitmint Activ+ in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- use Fitmint Activ+ in any way that breaches any law or regulation, including any applicable export control laws, privacy laws or any other purpose not reasonably intended by Epillo;
- employ any technology that interferes in any way with the proper operation of Fitmint Activ+, including by blocking any advertising or promotions displayed thereon; or
- collect or harvest any information or data from the Services for any commercial purpose, save as otherwise agreed in writing by us.
If we discover any breach of this Section by you, we may immediately suspend or terminate your access to the App and remove and delete any offending content.
15. CHANGES AND UPDATES
Epillo reserves the right at any time in its absolute discretion to alter the functionality or contents of Fitmint Activ+ with or without notice to you.
We may issue updates to the App from time to time. Depending upon the nature of the update, you may not be able to continue to use the App until you have downloaded the latest version of the App.
16. CONTACTING US
If you would like to contact us, including with any feedback, questions, complaints or claims about the Service, please contact us via our iPhone or Android application -> Profile -> Settings -> Help -> Contact us ->.
- AVAILABILITY OF THE SERVICE
The Service is provided “as is” and “as available” with all faults. We do not guarantee that the Service, or any part of it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. You agree that your use of the Service is at your own risk. We will not be liable to you if the Service (or any part of it) is unavailable at any time or for any period.
- THIRD PARTY SERVICES
Epillo may include in the Fitmint Activ+ links to other sites or applications that are owned or operated by third parties (“Third Party Services”). You also agree that Epillo has no control over the content of Third Party Services and does not have any responsibility for any material available on such Third Party Services nor for any use of or reliance on the contents of such Third Party Services by you. The fact that we may link to a Third Party Service does not mean that we endorse it or the products or services on it. In particular, where the Third Party Service relates to your health, you should always take appropriate medical advice before using it.
- RISK DISCLOSURE
Digital Asset trading risks.
The risk of loss in trading Digital Asset pairs, and Digital Asset and Legal Tender pairs can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources, and you should know the following points:
- You may sustain a total loss of the Funds in your Fitmint Activ+ Account, and, in some cases, you may incur losses beyond such Funds.
- Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, when the market reaches a daily price fluctuation limit or there is insufficient liquidity in the market.
- Placing contingent orders, such as “stop-loss” or “stop-limit” orders, will not necessarily limit your losses to the intended amounts, since market conditions may make it impossible to execute such orders.
- All Digital Asset positions involve risk, and a “spread” position may not be less risky than an outright “long” or “short” position.
- The use of leverage can work against you as well as for you and can lead to large losses as well as gains.
ALL THE POINTS NOTED ABOVE APPLY TO ALL DIGITAL ASSET PAIR AND DIGITAL ASSET AND LEGAL TENDER PAIR TRADING. THIS BRIEF STATEMENT CANNOT DISCLOSE ALL THE RISKS ASSOCIATED WITH THESE TRADES.
Internet transmission risks.
You acknowledge that there are risks associated with utilizing an Internet-based platform such as the Services, including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that Epillo shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when trading via or otherwise utilizing the Services, however caused.
Asset Transmission Risk.
You agree that there may be operational issues, human error, malicious conduct (such as fraud or cyber attack) and other risks associated with the transmission of Digital Assets, NFTs, and Legal Tender, which may delay, prevent, misdirect, or otherwise frustrate your ability to transfer Digital Assets, NFTs, and Legal Tender to or from Epillo, the Services, or the Epillo websites and mobile applications. You agree that your Digital Assets and NFTs are not deposited in your Fitmint Activ+ Account or with Epillo until they are confirmed on the blockchain as transmitted to Epillo, and that Epillo is not responsible for any actions by you or third parties that delay, prevent, misdirect, or otherwise frustrate the deposit, withdraw, or transfer of Digital Assets, NFTs, or Legal Tender to or from Epillo, the Fitmint Activ, or the Epillo websites and mobile applications, or for any losses or fees resulting therefrom. You further agree that Epillo is not obligated to assist or support you in any fashion with any unsuccessful transmission of Digital Assets, NFTs, or Legal Tender.
Underlying Protocol Risk.
We do not own or control the underlying software protocols of Digital Asset networks that govern the operation of Digital Assets and NFTs. In general, the underlying protocols are open source, and anyone can use, copy, modify or distribute them. We are not responsible for the operation of the underlying network protocols, and we make no guarantees regarding their security, functionality or availability.
The Services user interface may display incorrect information or information that differs from our internal books and records. In the event of any conflict, the contents of our internal books records shall prevail.
Assumption of risk.
You acknowledge and agree that you shall access and use the Services at your own risk, including but not limited to the risks described in this Section and the remainder of these Terms.
Amount of Fees.
In addition to the fees specified as may be specified during the course of the your usage of Fitmint Activ+, you agree to pay Epillo the fees for Asset trades or transactions completed via Fitmint Activ+ (“Fees”) as made available via the (“Fee Schedule“), which we may change from time to time. Changes to the Fee Schedule are effective as of the effective date indicated in the posting of the revised Fee Schedule to the Services, and will apply prospectively to any Asset trades or transactions that take place following the effective date of such revised Fee Schedule.
In addition to the Fees, your External Account may impose fees in connection with your use of your designated External Account via Fitmint Activ+ (including without limitation fees collected through a Digital Asset/NFT Account in order to process the requested transaction on the applicable blockchain network). Any fees imposed by your External Account provider will not be reflected on the transaction screens containing information regarding applicable Fees imposed by Epillo. You are solely responsible for paying any fees imposed by an External Account provider.
Payment of Fees.
You authorize us, or our designated payment processor, to charge or deduct your Fitmint Activ+ Account Funds for any applicable Fees owed in connection with trades, transactions, and actions you complete via Fitmint Activ+.
If you fail to pay Fees or any other amounts owed to Epillo under these Terms and Epillo refers your account(s) to a third party for collection, then Epillo will charge you the lesser of an 18% collection fee or the maximum percentage permitted by applicable law, to cover Epillo collection-related costs.
- DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN THESE TERMS, OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
22. LIMITATION OF LIABILITY
- EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL EPILLO, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE EPILLO MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM EPILLO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO EPILLO’S RECORDS, PROGRAMS OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EPILLO (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO EPILLO FOR THE APPLICABLE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
You agree to defend, indemnify and hold harmless Epillo (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
24. APPLICABLE LAW; ARBITRATION
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and Epillo agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Epillo agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Epillo shall be sent to email@example.com. You and Epillo further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in New Delhi, India; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the governing rules in Estonia; and (d) that the courts in New Delhi India, have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of Estonia, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Epillo will not commence against the other a class action, class arbitration or representative action or proceeding.
We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on the Site and App and, where appropriate, notified to you by email. Please review this page frequently to see any updates or changes to these Terms.
From time to time we may make available additional terms or guidance in relation to the usage of the Service and, where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use the Service.
Entire Agreement; Order of Precedence.
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Fitmint Activ+. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Epillo for Fitmint Activ+ or for any other Epillo product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Epillo, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
- Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
- Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
- Force Majeure Events. Epillo shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond Epillo’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Epillo’s reasonable control (each, a “Force Majeure Event“).
- Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Epillo, including by operation of law or in connection with any change of control. Epillo may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
Headings. Headings of sections are for convenience only and shall not be used to limit or construe such secti