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Terms of use

February 3rd, 2023, Version 4

LEGAL NOTICE

Espresso Cash is an online service operated by Espresso Cash Inc., an American company registered in the New Jersey under the number 0450913896.

Article 1 - Definitions​

Cryptocurrency: Refers to any digital asset designed to work as a medium of exchange on blockchain and accepted in payment throughout the Services.

Espresso Cash: Refers to Espresso Cash Inc, as well as all its subsidiaries, employees responsible for providing the Services.

Platform:

Refers to the mobile app "Espresso Cash" and the website espressocash.com including any subdomains thereof, and any platform where the services referred to in the Terms of Use are available.

User(s): Refers to the natural or legal person registered on the Platform and holding a Wallet

Service(s): Refers to every service accessible on the Platform for an User holding a Wallet.

Terms of Use (ToU): Refers to these terms of use for Espresso Cash Services, which constitutes a legally binding agreement between each User and Espresso Cash (as defined above) governing the User's access to and use of the Platform and all associated Services as defined below.

Third-Party: Refers to any person, natural or legal, apart from Espresso Cash and Users.

Transactions: Means all operations of receiving and sending Cryptocurrencies from the Wallet provided on the Platform.

Wallet: Refers to the non-custodial wallet furnished by Espresso Cash to each User, the latter having sole control of their private keys enabling access to his/her cryptocurrencies.

Article 2 - Disclaimer​

These ToU apply, without restriction or reservation, to any use of the Services.

The User acknowledges that he/she has, in his/her country, the capacity to contract and to subscribe to the Platform and declares that he/she has read and accepted without restriction of reservation the ToU by creating a Wallet or use an existing Wallet on the Platform.

Espresso Cash reserves the right to modify or stop the accessibility of all or part of the Services and/or the Platform at any time.

Unless proven otherwise, the data recorded in Espresso Cash’s computer system constitutes proof of all uses of the Service made by the User.

The Services may contain links or content from Third-Party websites or resources. Such Third-Party services may be subject to different terms of use and privacy practices. Espresso Cash is not responsible or liable for the availability, accuracy, content, products, or services made available by such Third Party. Such links are not an endorsement by Espresso Cash of these Third-Party services.

These ToU are accessible at any time on the Platform and will prevail over any other version or any other contradictory document.

Espresso Cash reserves the right to modify, at any time, all or part of the ToU. Users' use of the Service constitutes their acceptance of the ToU amendment. The applicable version to the User is the one in force on the Platform on the date of using the Services.

Article 3 - Eligibility​

To be eligible to use Espresso Cash: (i) you must be at least eighteen (18) years old and legally competent to enter into these Terms; (ii) you must not be a resident of sanctioned jurisdictions according to any trade embargoes, UN Security Council Resolutions (“UNSCR”) or HM Treasury's financial sanctions regime; and (iii) you must not be currently the subject of or subject to economic sanctions such as the United Nations Security Council Sanctions List, the list of specially designated nationals maintained by OFAC, the denied persons or entity list of the U.S. Department of Commerce or any similar list maintained by any other relevant sanctions authority.

If you are using our Services on behalf of a legal entity, you further represent and warrant that: (iv) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (v) you are duly authorized by such legal entity to act on its behalf. You can only use our Services if permitted under the laws of your jurisdiction.

For the avoidance of doubt, you may not use our Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of our Services would be illegal or otherwise violate any applicable laws. Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you. You agree that you are only using our Services with legally-obtained funds that rightfully belong to you.

By using Espress Cash, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use Espresso Cash, however, and we reserve the right to change our eligibility criteria at any time.

Article 4 - Services​

Scope of the Services​

Espresso Cash is an online Wallet that enables Users to:

  • create a Wallet that interacts with various blockchains and enables each User to monitor its balances of assets and to execute Transactions, i.e. receive, send and store Cryptocurrencies ;
  • share a dedicated link allowing sending Cryptocurrencies to users who do not have a Wallet. In this event, such users are invited to create a Wallet on the Platform;
  • display the rate of Cryptocurrencies in fiat currency ;
  • backup and restore private and public keys under the sole User responsibility ;

Pre-contractual information​

By using the Platform, Users acknowledge to be aware of the following information:

  • Cryptocurrencies and custody services rely on emerging technologies presenting risk of failure, bug or malfunction;
  • the value of Cryptocurrencies is not guaranteed and depends on unregulated markets (in which fraudulent acts may occur); in the event of a drop of a Cryptocurrency's value, the authorities or Espresso Cash will not be able to compensate him/her or guarantee a minimum amount; Cryptocurrencies may be banned or subject to a regulatory framework that could significantly or totally lower its value.

Support​

Support is available at this email address: support@espressocash.com.

The Service undertakes to respond as quickly as possible, depending on the number of requests in process.

Article 5 - Wallet​

Use, creation and access​

The Service provides each User with a unique Wallet to ensure the conservation and the use of Cryptocurrencies within the Service.

Any User can create a Wallet or use an existing Wallet on the Service by :

  • installing the application ;
  • saving carefully a recovery phrase provided by the app. This secret recovery phrase allows the user to recover a Wallet in case of stolen device for example ;
  • accepting the Terms.

Users are free to use the Wallet to execute Transactions from the Platform. He/She may credit or debit the Wallet with his/her own Cryptocurrencies at any time.

It is the User's responsibility to take all measures to secure access to his/her Wallet. Espresso Cash shall not be held liable for the loss or theft of the secret recovery phrase by the User, or by the resulting Wallet impersonation or access loss.

Deletion​

Espresso Cash reserves the right to suspend or delete a Wallet in violation of these Terms of Use, without prior notice or compensation.

The User may, at any time, request the deletion of his/her Wallet under the conditions set out by the Platform.

The Service shall not be held liable, in any circumstances, for any loss arising from a Wallet deletion.

Article 6 - User’s liability​

The User guarantees Espresso Cash against any breach, exceeding the foreseeable risk, any fraudulent unfair or bad faith use of the Services, in particular if this interferes with the use of the service by other Users, and any error in the amount sent to the Wallet.

As a condition to using the Platform and/or Services, the User agrees not to use the Platform or Services in ways that:

  • Violate, misappropriate, or infringe the rights of Espresso Cash, our users, or others, including privacy, publicity, intellectual property, or other rights;
  • Are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful or racially or ethnically offensive, or that instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes;
  • Involve falsehoods, misrepresentations, or misleading statements, including impersonating someone;
  • Involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party to protect the Services or Content;
  • Disguise your location through IP proxying or other methods;
  • Interfere with, or attempt to interfere with, the access to the Services of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Circumvent any content-filtering techniques, security measures or access controls that Espresso Cash employs on the Site or the Services in any manner;
  • Could interfere with, disrupt, negatively affect or inhibit other users from enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Site or Services;
  • Violate any applicable law or regulation, including, without limitation any applicable anti-money laundering and anti-terrorism financing laws and sanctions programs, including, without limitation, the Bank Secrecy Act and those enforced by the U.S. Department of Treasury's Office of Foreign Assets Controls and any other Export Control Laws;
  • Encourage or enable any other individual to do any of the foregoing.

By using the Site or Services, the User further represents, warrants and covenants that:

  • Any Digital Assets the User transfers via the Services have been legally obtained by, and belong to, themselves;
  • The User will not provide any false, inaccurate or misleading information while using the Site or Services, or engage in any activity that operates to defraud Espresso Cash, other users of the Services, or any other person or entity;
  • The User will not use the Services to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion;
  • Any Digital Assets the user uses in connection with the Services are either owned by themselves or the User is validly authorized to carry out actions using such assets; and
  • The User will pay all fees necessary for interacting with the Solana blockchain, or any other network with which the Services are compatible, including "gas" costs, as well as all fees charged by us for their use of the Services.
  • Although we have no obligation to monitor any User Content, we have absolute discretion to remove User Content at any time and for any reason without notice. The User understands that by using the Services, the User may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of their User Content.

The User agrees to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws ("Export Laws"). Without limiting the foregoing, the User may not download the Wallet or use the Services if (i) the User is in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN Security Council Resolutions, HM Treasury's financial sanctions regime, or if the User is on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial sanctions regime; or (ii) the User intends to supply any Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury's financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime.

The User agrees to indemnify, defend, and hold Espresso Cash harmless against all claims arising out from the use of the Services.

The User further agrees to indemnify and hold Espresso Cash harmless against any and all liability, loss, damages, costs, claims and/or expenses, including but not limited to reasonable attorney’s fees, which Espresso Cash may hereafter incur, suffer or be required to pay by reason of such claims.

The User undertakes to use the Services only in accordance with these Terms of Use. It is not authorized to reconstruct the Services, decompile, disassemble or circumvent the technical restrictions it contains, except to the extent that such operations would be permitted by applicable laws. It is also prohibited to lend, rent, lease, resell, transfer or host the Service to or for any Third Party, unless expressly authorized by the Platform.

Article 7 - Espresso Cash’s liability​

Espresso Cash undertakes to perform its obligations with the care normally expected from a professional in his professional field and to comply with the professional customs in force. Espresso Cash undertakes to implement all the necessary means to ensure the best delivery of the Services provided. However, Espresso Cash can only be bound by an obligation of best endeavour.

Except as expressly provided in this section, the service and the services provided by Espresso Cash to Users are provided “as is” and Espresso Cash and its suppliers, if any, make no warranty of any kind, express or implied, regarding the service, and specifically disclaim the warranties of merchantability fitness for a particular purpose, and non-infringement, to the maximum extent possible by law. Espresso Cash does not warrant that the service will meet User’s requirements, operate without interruption or be accurate, complete, reliable, current or error-free.

Thus, Espresso Cash’s liability may only be incurred if the User proves that (i) the company acted wrongfully and intentionally and (ii) exclusively if this behaviour caused him/her a certain, personal, reasonably foreseeable and direct damage, unless otherwise provided by law or regulation.

In particular, Espresso Cash disclaims all liability and indemnification obligations for any harm or damages caused by any Third-Party; breakdowns or malfunctions of the Services offered that are not under control of the company; Users data losses; Users losses of revenue; any unusual or illegal use of the Services offered, by a Third Party or by a User; indirect damages that may result from failure or use of the Services; any cyber attack, malicious code, malware, bots, worms, trojans, backdoors, exploits, cheats, fraud, hacks, hidden diagnostics, or other mechanisms to disable security or content protection that is resulting from a User’s network or system; any adverse event during Transactions; any case of force majeure.

The User is informed that Espresso Cash may occasionally interrupt access to all or part of the Services:

  • to allow for repairs, maintenance, or functionality enhancements;
  • in case of suspicion of attempted hacking, embezzlement or any other risk of harm;
  • on requests or instructions from authorised persons or competent authorities.

Espresso Cash cannot be held responsible in any way for any damages resulting from these suspensions.

In no event, Espresso Cash shall not be held liable beyond the total amounts actually paid by the claiming User to Espresso Cash in the twelve (12) month period immediately preceding the events giving rise to such claims, unless otherwise provided by law or regulation.

Article 8 - Privacy policy​

Espresso Cash has implemented a Privacy Policy, which explains in detail why and how personal data are processed when a User accesses the Platform and uses the Services, available here: https://www.espressocash.com/docs/legal/privacy/.

Article 9 - Intellectual property​

All intellectual property rights on the Platform content, excluding the Users generated content, are Espresso Cash's property. They are provided free of charge within the exclusive framework of the use of the Service. Therefore, any use of these contents without the prior permission of Espresso Cash is unlawful.

Espresso Cash is the Services database producer. Any unauthorized extraction or reproduction is prohibited.

Article 10 - Termination​

In the event of a change in the applicable regulations and the interpretation made thereof by the relevant regulatory authority, affecting the capacity of Espresso Cash or its employees delivert the Services or orders, these Terms of Use will automatically be terminated.

The termination of the contractual relation between Espresso Cash and an User will entail the closing of his/her Wallet. The closing of a Wallet may not give rise to any compensation. Unless expressly agreed by Espresso Cash, the User whose Wallet has been closed will not be authorized to open another Wallet.

The User will no longer be able to make Transactions as of the effective date of the termination. However, the Wallet may be kept open for a period of 3 months to cover any disputes and subsequent claims. Transactions initiated before the effective date of termination will not be affected by the request for termination and must be executed under the terms of these ToU.

Espresso Cash reserves the right, without prejudice to the consequences of the termination of the contract, to assert its claims in court for damages arising from the termination.

Article 11 - Non waiver​

Failure by Espresso Cash at any time to require the other party to perform any of its obligations under these ToU will not affect the right of Espresso Cash to request their execution thereafter.

The nullity of any clause of these ToU does not affect the validity and the obligation to respect the other clauses.

Article 12 - Applicable law, disputes and jurisdiction​

Applicable law​

These Terms of Use are governed by the United States of America law solely.

Disputes​

In the event of a dispute arise between Espresso Cash and a User, the latter undertakes to inform the support team at the following address: support@espressocash.com taking care to specify his contact details and to provide any information allowing to appreciate the origin and the implications of the dispute.

An acknowledgment of receipt will be sent within a maximum period of ten (10) days. Claims will be processed within a maximum of two months as of their receipt.

Jurisdiction​

Unless otherwise provided by law, all disputes to which the use of Services provided concluded pursuant to these ToU may give rise, concerning their validity, interpretation, execution, termination and consequences, shall be submitted to the competent courts under the jurisdiction of the New Jersey, USA.