gradient

Terms Of Service

1. Introductory Provisions

This document (referred to as “Terms” or “Agreement”) outlines the conditions for using the XCoinPulse Platform as a User.

XCoinPulse Ltd, a company incorporated under the laws of the United Kingdom ("We", "Us", "Our", or "XCoinPulse", as applicable), with its business address at 123 London Road, London, SW1A 1AA, United Kingdom, provides you with access to the XCoinPulse Platform as a User. XCoinPulse Ltd is authorized to provide services related to virtual assets.

Please read this Agreement carefully before using the XCoinPulse Platform.

These Terms (along with the documents referred to herein) explain who We are, outline your responsibilities to Us, Our responsibilities to you, how this Agreement can be changed or terminated, what to do in case of a problem, and other important information. If you find any errors in this Agreement or require changes, please contact Us at support@xcoinpulse.com.

These Terms incorporate the following additional documents ("Additional Documents"), which also apply to your use of the XCoinPulse Platform:

  • Our Privacy Policy outlines the terms on which We process any personal data We collect from you or that you provide to Us. By using the XCoinPulse Platform, you consent to such processing and promise that all data provided by you is accurate.
  • AML/KYC Policy;
  • Refund Policy.

By visiting our Website and/or using the XCoinPulse Platform, you agree to be bound by these Terms (including the Additional Documents). If you do not agree, please do not use the XCoinPulse Platform.

The functionalities available to you as a User within the XCoinPulse Platform are described on our Website and/or XCoinPulse Platform.

2. Definitions

In these Terms:

  • Business Day means a day other than a Saturday, Sunday, or a public holiday in the United Kingdom when financial institutions are open for business.
  • Fees mean the charges, if any, We will require for using the XCoinPulse Platform as a User, detailed on our Website.
  • Fiat Currency means a currency that is legal tender under applicable laws.
  • Merchant means an entity offering products and/or services and/or works of art for sale and receives payments in Cryptocurrency via the XCoinPulse Platform.
  • XCoinPulse Platform refers to the computer program with relevant user interfaces available on the Website and/or otherwise accessible, owned, administered, supported, and developed by Us to collect and process payments in Virtual Assets.
  • User means you, a person using the XCoinPulse Platform to make payments in Virtual Assets to the Merchant.
  • Website means any webpage, including but not limited to https://xcoinpulse.com, where We provide access to the XCoinPulse Platform.
  • Wallet means a cryptographic storage solution that allows sending, receiving, and/or storing Cryptocurrency.
  • Virtual Asset (also “Cryptocurrency”, “Virtual currency”, “Digital currency”) refers to a digital representation of value that can be digitally traded or transferred and used for payment purposes.

3. Use of the XCoinPulse Platform and Intellectual Property Rights

By agreeing to these Terms, We grant you a non-transferable, non-exclusive license to use the XCoinPulse Platform, subject to these Terms.

You acknowledge and agree that the performance of XCoinPulse under these Terms will provide you access to various documents, processes, software, and other technologies and materials, to which XCoinPulse and/or related third parties hold all intellectual property rights, including (a) copyrights, database rights, patents and invention rights, trademarks, internet domain names, website addresses, trade names, designs, know-how, trade secrets, and other rights in confidential information; (b) all other equivalent or similar rights worldwide (collectively "Intellectual Property Rights").

All copyrights, trademarks, patents, trade secrets, and other Intellectual Property Rights related to the XCoinPulse Platform, including the systems, platforms, software, and documentation provided by XCoinPulse to you, remain the sole and exclusive property of XCoinPulse or the relevant third party, and you have no right or interest in them except the right to access and use them under these Terms.

4. Who can use the XCoinPulse Platform

You are permitted to use the XCoinPulse Platform if you meet all the following criteria:

  • You have the capacity to enter into and be bound by these Terms and any related document;
  • If acting on behalf of another person, you are duly authorized to enter into a contractual relationship with Us based on these Terms on behalf of that person;
  • If a natural person, you must be 18 years or older, and by using the XCoinPulse Platform, you declare you are 18 years or older. We may ask for proof of age;
  • If a legal person, it is duly established and operates in a country where our Website and XCoinPulse Platform are legally accessible;
  • You have provided accurate and complete information and documents requested by Us;
  • Your financial status allows you to accept the risks related to Virtual Assets;
  • We are satisfied with the outcome of any identity, fraud, and background checks we conduct on you;
  • You do not use/intend to use the XCoinPulse Platform for anything unlawful, malicious, or that could disable, overburden, or impair the proper working of the XCoinPulse Platform or harm our reputation or pose any threat to Us;
  • You comply with these Terms and all applicable laws and regulations;
  • You reside in a country where our Website and XCoinPulse Platform are legally accessible;
  • You take responsibility for any consequences of your breach of this section.

The Company provides its services to the EU/EEA countries and other third countries only if not prohibited by their domestic laws and/or reverse solicitation is allowed.

In third countries whose domestic laws do not allow services to clients based on reverse solicitation (e.g., Spain, Italy, the Netherlands), the Company will not provide its services.

5. Your obligations

You must:

  • Act in good faith and comply with these Terms and other provisions governing the use of the XCoinPulse Platform as a User and fulfill your obligations to Us timely and properly;
  • Provide accurate, correct, up-to-date information, documents, and data that are not misleading and free of viruses or other harmful programs;
  • Promptly notify Us of any improper functioning of the XCoinPulse Platform;
  • Promptly report any compliance suspicions with these Terms and refrain from using the XCoinPulse Platform until instructed otherwise;
  • Comply with all applicable laws and regulations.

6. Our obligations to you

We must:

  • Act in good faith and with discretion to best meet your interests;
  • Strive to enable the intended use of the Website and XCoinPulse Platform and take timely measures to correct any operational faults;
  • Fulfill our obligations to you timely and properly.

7. Getting to know you

We are required by law to conduct necessary security and customer due diligence checks on you (including any transaction parties). You agree to comply with any request for further information and provide it in an acceptable format. You also agree that We may make inquiries, directly or through third parties, to validate the information you provided, including checking commercial databases or credit reports.

We may ask you to pass a verification procedure as a condition of access to the XCoinPulse Platform.

8. Representations and Warranties

By accepting these Terms, you:

  • Confirm that you are eligible to use the XCoinPulse Platform by meeting the criteria listed in section 4;
  • Confirm that you have read these Terms;
  • Commit to being bound by these Terms;
  • Agree and acknowledge that actions performed using the XCoinPulse Platform are valid and cause the same legal effects as those formalized by a paper document signed by you or, if acting on behalf of a legal entity, also by a paper document signed by you and endorsed with the entity’s stamp;
  • Confirm that you have sufficient knowledge relating to Virtual Assets to use the XCoinPulse Platform and understand that you are solely responsible for determining its nature, potential value, suitability, risks, and appropriateness;
  • Confirm that We have not individually recommended or advised you to use the XCoinPulse Platform, excluding any advertisements;
  • Confirm to notify Us immediately, no later than within 10 (ten) calendar days, of any changes to the information provided to Us or circumstances likely to impact your obligations to Us and provide any supporting documents requested by XCoinPulse;
  • Confirm that your use of the XCoinPulse Platform does not violate any applicable laws or regulations of any jurisdiction that applies to you.

By accepting these Terms, you represent and warrant that all the above statements are true and accurate on the day of acceptance and will remain true and accurate until you cease using the XCoinPulse Platform.

Representations and warranties are personal statements or assurances relied upon by Us when allowing you to use the XCoinPulse Platform.

To the extent permitted by law, We do not warrant the reliability, availability, accuracy, or completeness of the information on the XCoinPulse Platform. All information is provided “as is” without warranty of any kind, express or implied.

We do not warrant that the functions and functionality contained in the XCoinPulse Platform will meet your requirements or that the operation of the XCoinPulse Platform will be uninterrupted or error-free.

9. Prohibited use and security

You are responsible for configuring your information technology, computer programs, and platform to access the XCoinPulse Platform. You should use your virus protection software. We cannot guarantee that the XCoinPulse Platform will be free from bugs or viruses.

You must not misuse the XCoinPulse Platform by introducing viruses, trojans, worms, logic bombs, or other malicious or technologically harmful materials. You must not attempt to gain unauthorized access to our Website, servers, computers, or databases. You must not attack our Website or XCoinPulse Platform with any type of denial-of-service attack. We will report any such breach to relevant law enforcement authorities and cooperate by disclosing your identity. In such an event, your right to use our Website and/or XCoinPulse Platform will cease immediately.

We may stop or suspend your use of the XCoinPulse Platform if we have reasonable grounds for doing so related to its security or suspected unauthorized or fraudulent use. We shall not be held liable for your losses incurred as a result of blocking your access to the XCoinPulse Platform and shall not pay you any penalty.

10. Fees

If applicable, you must pay the Fees in connection with payments made with the XCoinPulse Platform. We will not process your transaction until We have received the Fees from you. The amounts of Fees may be visible before you make the payment.

11. Liability

To the extent permitted by law, XCoinPulse excludes all liability and responsibility for any losses, damages, costs, or expenses, whether in tort (including negligence), contract, or otherwise, and whether direct, indirect, or consequential (including business interruption), which you or any other person may suffer or incur in connection with the use or inability to use the XCoinPulse Platform, and in respect of any Virtual Asset or otherwise.

We take no responsibility for and will not be liable for any financial loss arising from your use of the XCoinPulse Platform, including but not limited to fluctuations of Virtual Asset; system hacks; server failure or data loss; technical faults of the Virtual Asset system; forgotten passwords (long-term and one-time); security of your passwords (long-term and one-time); unauthorized access; corrupted files or data.

We are not liable for business losses. If you use the XCoinPulse Platform for any commercial or business purpose, We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are not liable for technological attacks. We will not be liable for any loss or damage caused by a virus or other technological attacks or harmful material that may infect your computer equipment, computer programs, data, or other proprietary material related to your use of the XCoinPulse Platform.

We have no control over websites linked to or from our Website. We assume no responsibility for their content or any loss or damage that may arise from your use of them.

Without any limitation of other terms in these Terms, you acknowledge that XCoinPulse bears no liability for any damage, loss (including loss of profit), delay, inconvenience, failure in performance, or interruption of the use of the XCoinPulse Platform, caused by or resulting from (directly or indirectly):

  • any computer virus, spyware, scareware, Trojan horse, worms, or other malware or cyber, phishing, or spoofing attack that may affect your computer or another device;
  • any “hard fork”, “soft fork”, or other change in the operating rules of an underlying Virtual Asset network;
  • any suspension of the XCoinPulse Platform permitted under these Terms;
  • any other cause or condition beyond our reasonable control.

We take no responsibility for and will not be liable for any non-compliance with the XCoinPulse Platform’s quality or quantity requirements laid down in these Terms or provided otherwise (e.g., on our Website) if such non-compliance is caused by the non-performance or improper performance of any obligations of any third parties engaged by Us for the maintenance of the XCoinPulse Platform.

You are liable for breaking this Agreement or applicable laws. In the unlikely event of loss, claims, costs, and expenses arising out of your breach of this Agreement, any applicable law or regulation, and/or your use of the XCoinPulse Platform, you agree to compensate Us and our affiliates and hold Us harmless. This provision will remain in effect after our relationship ends.

If you owe any amounts to Us, you agree to reimburse Us. We may also recover amounts you owe Us through legal means, including through a debt collection agency.

We do not provide any financial, investment, or legal advice in connection with the XCoinPulse Platform. We may provide information on the price, range, and volatility of Virtual Assets and events that have affected their price, but it should not be considered investment or financial advice and should not be construed as such. Any decision relating to Virtual Assets is your decision and We will not be liable for any loss suffered in relation thereto.

The Merchant is solely responsible for the offered products and/or services and/or works of art, their quality, and their shortcomings, and independently resolves all disputes related to refunds, chargebacks, and other similar issues. You agree that XCoinPulse shall not be a party to any such dispute or issue.

12. Accessing the XCoinPulse Platform

We will try to make sure the XCoinPulse Platform is available to you when you need it. However, We do not guarantee that the XCoinPulse Platform will always be available or uninterrupted.

We may suspend, withdraw, discontinue, or change all or any part of the XCoinPulse Platform without notice.

We will not be liable to you if, for any reason, the XCoinPulse Platform is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the XCoinPulse Platform.

13. Third-Party Products and Services

You acknowledge that the XCoinPulse Platform may enable or assist you to access, interact with, and/or purchase goods and services from several supported platforms and other third parties via third-party websites or applications (collectively, "Third-Party Services"). Such Third-Party Services are not under the control of XCoinPulse. XCoinPulse does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and is not responsible for any Third-Party Services.

You use all Third-Party Services at your own risk and should apply a suitable level of caution and discretion. Any use of Third-Party Services is governed solely by the terms and conditions of such services, and any contract entered into or transaction completed via any Third-Party Services is between you and the relevant third party, not XCoinPulse.

You shall comply with all applicable terms of the Third-Party Services you access or subscribe to in connection with the XCoinPulse Platform.

If at any time any Third-Party Services cease to make their programs available to Us on reasonable terms, We may cease to provide such features to you without entitling you to a refund, credit, or other compensation.

14. Information Collection

Regarding your use of the XCoinPulse Platform, We may automatically collect the following information:

  • Details of the transactions you carry out when using the XCoinPulse Platform, including amounts, currency, Wallets, and other blockchain-related information;
  • Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type, and version, time zone setting, browser plug-in types and versions, operating system, and platform;
  • Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through, and from our Website; products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number or email used to connect with our customer support.

We may receive information about you from other sources. This includes information if you use any of the other websites We operate or the other services We provide. We also work closely with third parties, such as Merchants, and may receive information about you from them.

15. Linking to the Website

You may link to the Website provided you follow these rules:

  • You do so fairly and legally, without damaging our reputation or taking advantage of it;
  • You do not suggest any form of association, approval, or endorsement on our part where none exists;
  • You do not frame our Website on any other site.

We reserve the right to withdraw linking permission without notice.

16. Termination of the Agreement

We may terminate this Agreement by giving you one month's notice.

You may terminate this Agreement by giving Us one month's notice.

We may stop or suspend your use of the XCoinPulse Platform and/or terminate the Agreement without notice in certain circumstances, including (but not limited to) the following cases:

  • You breach any provision of this Agreement, including the representations and warranties section or documents referred to in these Terms;
  • We are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency;
  • We have reason to believe you are in breach of any applicable law or regulation; or
  • We have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing, or other criminal or illegal activity.

We may suspend your use of the XCoinPulse Platform for security reasons. We may suspend your use of the XCoinPulse Platform if we have reasonable concerns about suspected unauthorized or fraudulent use of the XCoinPulse Platform.

We will give you notice of suspension where possible. We will notify you of any suspension or restriction and the reasons as soon as we can, either before the suspension or restriction is implemented, or immediately after, unless notifying you would be unlawful or compromise our reasonable security measures. We will lift the suspension and/or restriction as soon as practicable after the reasons have ceased to exist.

17. Our Right to Make Changes

We reserve the right to amend these Terms unilaterally by publishing the amended Terms on our Website. Amendments to the Terms will come into force 30 (thirty) calendar days after their publication on our Website.

You will be deemed to have accepted those amendments if you do not notify Us before the date of their entry into force that they are not accepted.

If you object to any proposed amendment, you have the right to terminate these Terms by submitting an emailed notice of termination.

If you do not notify Us of the termination as specified, the proposed amendments will take effect from the specified date.

Amendments will not have retrospective effect and will not affect any rights and/or obligations that have arisen between you and Us before the amendments came into effect.

18. Confidentiality

The Parties acknowledge that, from time to time, either Party (the “Disclosing Party”) may disclose to the other Party (the “Receiving Party”) information which is proprietary or confidential, including technical data, know-how, trade secrets related to activities of any of the Parties, the non-public XCoinPulse information and all unpublished service manuals, information, data, and other similar materials or records provided by the Party to the other Party (“Confidential Information”).

The Receiving Party shall use such Confidential Information solely for fulfilling its responsibilities and obligations under these Terms. The Receiving Party shall retain such Confidential Information in strict confidence and shall not disclose it to any third party without the Disclosing Party’s written consent, except to third parties engaged by XCoinPulse to ensure the maintenance of the XCoinPulse Platform and compliance with applicable legislation, as well as to law enforcement.

Each Party shall use at least the same procedures and degree of care that it uses to protect its own Confidential Information of like importance, and in no event less than reasonable care, and shall be responsible and liable for any use or disclosure of the Confidential Information, including by its employees or other related persons, in violation of these Terms.

The Party shall immediately notify the other Party of any unauthorized use or disclosure, or suspected unauthorized use or disclosure of Confidential Information.

The obligations set forth in this section shall not apply to information that the Receiving Party can demonstrate, through clear and convincing evidence:

  • Was already known to the Receiving Party without an obligation of confidentiality at the time of disclosure;
  • Was generally available to the public at the time of its disclosure to the Receiving Party;
  • Became generally available to the public after its disclosure other than through an act or omission of the Receiving Party in breach of these Terms; or
  • Was subsequently, lawfully, and independently disclosed to the Receiving Party by a person other than the Disclosing Party, not in violation of a confidentiality agreement.

If any disclosure of Confidential Information is required by applicable law, the Receiving Party shall provide reasonable notice to the Disclosing Party to contest the disclosure or seek a protective order. If the Disclosing Party fails to contest the disclosure or obtain a protective order, the Receiving Party may disclose only the portion of Confidential Information legally required to be disclosed.

Disclosure of information considered confidential to competent authorities and subcontractors of XCoinPulse, as well as other persons engaged or contacted by XCoinPulse for maintenance of the XCoinPulse Platform or compliance with applicable legislation, shall not be considered a breach of confidentiality obligations.

19. Communication

Communication between you and Us shall primarily take place via email. You must provide at least one valid email address when using the XCoinPulse Platform. You should check for incoming messages regularly and frequently. We cannot be held liable for any consequences or loss if you fail to do so. If We have reasonable concerns about suspected or actual fraudulent use of the XCoinPulse Platform, We will contact you via email.

In addition to email, We may contact you via letter or telephone, where appropriate. If you use mobile services, We may also communicate with you via SMS. Communications or notices sent by:

  • Email will be deemed received on the same day if received in your email inbox before 5 p.m. on a Business Day. If received after 5 p.m. or at any other time, they will be deemed received on the next Business Day.
  • Post will be deemed received three days from the date of posting for UK post or within five days for international post.
  • SMS will be deemed received on the same day.

Where legislation requires Us to provide information on a durable medium, We will either send you an email (with or without attachment) or a notification pointing you to information on our Website in a way that enables you to retain the information permanently. Keep copies of all communications We send or make available to you.

If you need a copy of the current Agreement or any other relevant document, please contact support@xcoinpulse.com.

This Agreement is made in English. Documents or communications in other languages are for your convenience, and only the English version is official.

If you have any complaints about Us or the XCoinPulse Platform, you may contact Us at support@xcoinpulse.com.

20. Closing Provisions

This Agreement is between you and Us. No other person shall have any right to enforce any of its terms.

You may not transfer, assign, mortgage, charge, subcontract, declare a trust over, or deal in any other manner with your rights and obligations under this Agreement without our prior written consent. We reserve the right to transfer, assign, or novate this Agreement or any right or obligation under this Agreement at any time without your consent.

If a court finds part of this Agreement illegal, the rest will continue in force. Each paragraph of this Agreement operates separately. If any court or relevant authority decides that any part is unlawful, the remaining paragraphs will remain in full force and effect.

Even if We delay enforcing this Agreement, We can still enforce it later. If We delay in asking you to do certain things or taking action, it will not prevent Us from taking steps against you at a later date.

This Agreement supersedes any other previous agreements. This Agreement supersedes and extinguishes all previous agreements between you and XCoinPulse, whether written or oral, relating to its subject matter.

This Agreement is governed by UK law. Any dispute between you and Us in connection with your use of the XCoinPulse Platform and/or this Agreement may be brought in the courts of the United Kingdom.