Last updated: September 23, 2025
Welcome to Fiatleak! This is a User Agreement between you (also referred to herein as “User,” or “customer”) and Fiatleak, Inc. ("Fiatleak," “we,” “us,” and “our”). This User Agreement ("Agreement" or “User Agreement”) governs your use of the services provided by Fiatleak described below and such other services that may be offered by Fiatleak from time to time ("Fiatleak Services" or "Services"). By signing up to use a Fiatleak account or service through Fiatleak.com, Fiatleak’s APIs, the Fiatleak mobile application, or any other Fiatleak website (collectively the "Fiatleak Site"), you agree that you have read, understand, and accept all of the terms and conditions contained in this Agreement including our Privacy Policy. You may have to agree to additional terms and conditions to use certain Additional Services (as defined below).
Important Definitions: As used throughout this Agreement, the following terms have the following meanings.
“Digital Asset” means any digital asset (including a virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network.
"Supported Digital Asset" means only those particular Digital Assets listed as available to trade or custody in your Digital Asset Wallet (as defined below). Services and supported assets may vary by jurisdiction.
Amendment of these Terms: We may amend or modify this Agreement at any time by posting the revised agreement on the Fiatleak Site and/or providing a copy to you (a “Revised Agreement”). The Revised Agreement shall be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of a Revised Agreement constitutes your acceptance of such Revised Agreement. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account (as defined below).
Dispute Resolution: PLEASE BE AWARE THAT SECTION 7 (CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION) AND APPENDIX 5 OF THIS AGREEMENT,CONTAIN PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND Fiatleak. AMONG OTHER THINGS, APPENDIX 5 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. APPENDIX 5 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 7 AND APPENDIX 5 CAREFULLY.
No Investment Advice or Brokerage: For the avoidance of doubt, Fiatleak does not provide investment, tax, or legal advice, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. Fiatleak may provide educational information about Supported Digital Assets, as well as Digital Assets not supported by Fiatleak, in order to assist users in learning more about such Digital Assets. Information may include, but is not limited to, blog posts, articles, links to third-party content, news feeds, tutorials, and videos. The information provided on the Fiatleak Site or any such third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the website's content as such. Fiatleak does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Fiatleak will not be held responsible for the decisions you make to buy, sell, or hold Digital Assets based on the information provided by Fiatleak.
Fiatleak does not broker trades on your behalf unless otherwise specified on a specific product. All Fiatleak trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures.
Acknowledgement of Risk: As with any asset, the value of Digital Assets can increase or decrease and there can be a substantial risk that you lose money buying, selling, holding, or investing in Digital Assets. You should consult your financial advisor, legal or tax professional regarding your specific situation and financial condition and carefully consider whether trading or holding Digital Assets is suitable for you.
Fiatleak is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons. You acknowledge that Digital Assets are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.
1.1. Eligibility. To be eligible to use the Fiatleak Services, you must be at least 18 years old, and reside in the United States or a country that is not currently sanctioned by the US Department of Treasury or other relevant US Government agency. There are certain features which may or may not be available to you depending on your location and other criteria.
1.2. Registration of Fiatleak Account. You must register for a Fiatleak account to use the Fiatleak Services (a "Fiatleak Account" or “your account”). You will need to complete certain verification procedures before you are permitted to use the Fiatleak Services. By registering or using a Fiatleak Account you agree and represent that you have created your Fiatleak Account and you will use your Fiatleak Account only for yourself, and not on behalf of any third party, unless you have obtained prior written approval from Fiatleak. You are fully responsible for all activity that occurs under your Fiatleak Account. We may, in our sole discretion, refuse to open a Fiatleak Account, suspend or terminate any Fiatleak Account, suspend or terminate the sending of Digital Assets from your account, or suspend or terminate the trading of Digital Assets in your account. Please see Section 6 below for more information.
1.3. Consent to Access, Processing and Storage of Your Personal Data & Identity Verification. During registration for your Fiatleak Account, or at any other time deemed necessary by Fiatleak, you agree to provide us with the information we request for the purposes of identity verification, providing Fiatleak Services to you, and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit us to keep a record of such information. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and in some cases (where permitted by law), special categories of personal data, such as your biometric information. You consent to us accessing, processing and retaining any personal information you provide to us for the purpose of us providing Fiatleak Services to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws and regulations. You can withdraw your consent at any time by closing your account with us. However, we may retain and continue to process your personal information if we reasonably believe it is necessary in order to comply with laws or regulations. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. Further, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Fiatleak or its service provider for as long as you have a Fiatleak Account, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for more information on how we process your personal data and the rights you have in respect of this.
1.4. Access. The Fiatleak Services can be accessed directly using the Fiatleak Site. Access to Fiatleak Services may become degraded or unavailable during times of significant volatility or volume. This could result in significant support response time delays. Although we strive to provide you with excellent service, we do not represent that the Fiatleak Site or other Fiatleak Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open. Fiatleak shall not be liable for any losses resulting from or arising out of delays in processing transactions, inability to execute transactions, or lack of timely response from Fiatleak customer support. For example, if you are locked out of your Fiatleak Account, it is possible that the value or price of the Digital Assets in your account might go down before your access is restored. Fiatleak shall not be liable for any alleged losses that you suffer from a drop in Digital Asset values or prices.
2.1. Hosted Wallet Services. As part of your Fiatleak Account, Fiatleak will provide qualifying users: (i) hosted Digital Asset wallet(s), each of which is an account for holding Supported Digital Assets (“Digital Asset Wallet”).
2.2. Hosted Digital Asset Wallet. Your Digital Asset Wallet allows you to store, track, transfer, and manage your balances of Supported Digital Assets.We securely store Digital Asset private keys, which are used to process transactions, in a combination of online and offline storage. As a result of our security protocols, it may be necessary for us to retrieve private keys or related information from offline storage in order to facilitate Digital Asset Transfers (as defined below) in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such Digital Asset Transfers.
2.3. Supported Digital Assets. Your Digital Asset Wallet is intended solely for proper use of Supported Digital Assets as designated on the Fiatleak Site. Under no circumstances should you attempt to use your Digital Asset Wallet to store, send, request, or receive any assets other than Supported Digital Assets. Fiatleak assumes no responsibility in connection with any attempt to use your Digital Asset Wallet with Digital Assets that we do not support. You acknowledge and agree that Fiatleak is not liable for any unsupported Digital Asset that is sent to a wallet associated with your Fiatleak Account. Fiatleak may in its sole discretion terminate support for any particular Digital Asset. If you do not sell or send such Digital Asset off platform before Fiatleak terminates its support for such Digital Asset, then Fiatleak may, in its discretion, remove such Digital Asset from your Digital Asset Wallet and credit your Digital Asset Wallet or USDC Wallet the equivalent market value of a Supported Digital Asset or fiat currency minus transaction costs.
2.4. Supplemental Protocols Excluded. Unless otherwise specifically announced on the Fiatleak Site or as set forth in this Agreement, Supported Digital Assets excludes all other protocols and/or functionality which supplement or interact with the Supported Digital Asset. This exclusion includes but is not limited to: airdrops, giveaways, yield, metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins or other functionality, such as staking, protocol governance, and/or any smart contract functionality, which may supplement or interact with a Supported Digital Asset. Do not use your Fiatleak Account to attempt to receive, request, send, store, or engage in any other type of transaction or functionality involving any such protocol as the Fiatleak Site is not configured to detect, secure, or process these transactions and functionality. Any attempted transactions in such items will result in loss of the item. You acknowledge and agree that other than as set forth in this Agreement supplemental protocols are excluded from Supported Digital Assets and that Fiatleak has no liability for any losses related to supplemental protocols.
2.5. Fungibility of Certain Digital Assets. You acknowledge and agree that Fiatleak may hold Supported Digital Assets in your Digital Asset Wallets 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 Supported Digital Assets in your Digital Asset Wallets, Fiatleak may transfer such Digital Assets off of the primary blockchain protocol and hold such Digital Assets on shared blockchain addresses, controlled by Fiatleak, 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.
2.6. Operation of Digital Asset Protocols. Fiatleak does not own or control the underlying software protocols which govern the operation of Digital Assets. Generally, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols and do not guarantee the functionality or security of network operations. In particular, the underlying protocols may be subject to sudden changes in operating rules (including “forks”). Any such operating changes may materially affect the availability, value, functionality, and/or the name of the Digital Assets in your Digital Asset Wallet or other wallet. Fiatleak does not control the timing and features of these operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by Fiatleak in determining whether to continue to use a Fiatleak Account for the affected Digital Asset. In the event of any such operational change, Fiatleak reserves the right to take such steps as may be necessary to protect the security and safety of assets held on the Fiatleak Site, including without limitation, temporarily suspending operations for the involved Digital Asset(s); Fiatleak will endeavor to provide you notice of its response to any material operating change; however, such changes are outside of Fiatleak’s control and may occur without notice to Fiatleak. Fiatleak’s response to any operating change is subject to its sole discretion and may include deciding not to support any new Digital Asset, fork, or other actions. You acknowledge and accept the risks of operating changes to Digital Asset protocols and agree that Fiatleak is not responsible for such operating changes and not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and accept that Fiatleak has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported currencies or protocols. You further acknowledge and accept that Fiatleak has no responsibility to support new Digital Asset forks or operating changes for Digital Assets.
2.7. Digital Asset Custody and Title. All Supported Digital Assets held in your Digital Asset Wallet are custodial assets held by Fiatleak for your benefit, as described in further detail below. If you have not accessed your account for one year, an Account Management fee equal to 1.9% of your balance will be charged monthly until you access your account.
2.7.1. Ownership. Title to Supported Digital Assets shall at all times remain with you and shall not transfer to Fiatleak. All interests in Digital Assets we hold for Digital Asset Wallets are held for customers, are not property of Fiatleak, and are not subject to claims of Fiatleak’s creditors. As owner of the Supported Digital Assets in your Digital Asset Wallet, you shall bear all risk of loss of such Supported Digital Assets. Fiatleak shall have no liability for Supported Digital Asset fluctuations or loss. None of the Supported Digital Assets in your Digital Asset Wallet are the property of, or shall or may be loaned to, Fiatleak; Fiatleak does not represent or treat assets in User’s Digital Assets as belonging to Fiatleak. Fiatleak may not grant a security interest in the Supported Digital Assets held in your Digital Asset Wallet. Except as required by law, or except as provided herein, Fiatleak will not sell, transfer, loan, hypothecate, or otherwise alienate Supported Digital Assets in your Digital Asset Wallet unless instructed by you.
2.7.2 Application of the Uniform Commercial Code. All Supported Digital Assets credited to the Digital Asset Wallet will be treated as commodities. Fiatleak does not support or offer services for Digital Assets that have been, or may be, considered a security by the Security Exchange Commission or other relevant United States agency or regulatory body.
2.7.3. Control and Customer Instructions. You control the Digital Assets held in your Digital Asset Wallet. At any time, subject to outages, downtime, protocol requirements, time to conduct blockchain operations to fulfill your request, and other applicable policies, you may withdraw your Supported Digital Assets by instructing Fiatleak to debit the applicable Supported Digital Asset from your Digital Asset Wallet and transfer the Digital Assets to a different blockchain address. As long as you continue to hold Supported Digital Assets with Fiatleak, Fiatleak shall retain control over electronic private keys associated with blockchain addresses operated by Fiatleak, including the blockchain addresses used to hold the Supported Digital Assets credited to your Digital Asset Wallet.
2.7.4. Omnibus Accounts. In order to more securely and effectively custody assets, Fiatleak may use shared blockchain addresses, controlled by Fiatleak, to hold Supported Digital Assets for Digital Asset Wallets on behalf of customers and/or held on behalf of Fiatleak. Although we maintain separate ledgers for users’ Fiatleak Accounts and Fiatleak accounts held by Fiatleak for its own benefit, Fiatleak shall have no obligation to create a segregated blockchain address for your Supported Digital Assets.
2.7.5. Governance and Voting. For certain Digital Assets, the underlying protocols offer stakers the ability to vote on matters related to the governance of protocol-level issues. Fiatleak may or may not support voting for such assets, and may cease supporting voting at any time in its discretion. Fiatleak will comply with your instruction to vote your Supported Digital Assets to the extent Fiatleak or its affiliate supports voting for such Supported Digital Assets. In certain cases, Fiatleak may vote on your behalf where Fiatleak or the applicable protocol does not support delegated voting; in those instances, Fiatleak will vote with the protocol’s recommendation.
3.2. Transactions on the Fiatleak Site. When you buy or sell Supported Digital Assets on the Fiatleak Site (which, for clarity, does not include transactions with Third Party Services (as defined below)), you are not buying Supported Digital Assets from Fiatleak or selling Supported Digital Assets to Fiatleak. Fiatleak acts as the agent, transacting on your behalf, to facilitate that purchase or sale between you and other Fiatleak customers. You can purchase Supported Digital Assets on the Fiatleak Site using funds in your USDC Wallet. Your purchase must follow the relevant instructions on the Fiatleak Site. Fiatleak reserves the right to cancel any transaction not confirmed by you within five (5) seconds after Fiatleak quotes a transaction price. A purchase of Supported Digital Assets using a Valid Payment Method generally will initiate on the business day we receive your instructions. Purchased Supported Digital Assets will usually be deposited in your Digital Asset Wallet instantly and can be exchanged for other Digital Assets. You will be able to sell or send Purchased Digital Assets as soon as funds have settled to Fiatleak. Supported Digital Asset purchases and sales on the Fiatleak Site are collectively referred to herein as “Digital Asset Transactions”. If Fiatleak cannot complete your Digital Asset Transaction for any reason (such as price movement, market latency, inability to find a counterparty for your transaction, or order size), Fiatleak will reject the order and notify you of such rejection. You will not be charged for a rejected transaction.
3.3. Fees. In general, Fiatleak makes money when you purchase or sell Supported Digital Assets on the Fiatleak Site. By using Fiatleak Services you agree to pay all fees and, if applicable based on the service, a spread. While Fiatleak reserves the right to adjust its pricing and fees and any applicable waivers at any time, we may provide at least 30 days’ prior notice of certain changes to our pricing schedule, or terms, conditions and policies to users in some states where required by applicable law. We will also notify you of the final price of each transaction, inclusive of pricing and fees, when you authorize the transaction and in each receipt we issue to you. We may charge network fees (miner fees) to process a Digital Asset Transaction on your behalf. We will calculate the network fee at our discretion, and notify you of the network fee at or before the time you authorize the Digital Asset Transaction. You are responsible for paying any additional fees charged by your financial service provider. We will not process a transfer if associated fees exceed the value of the transfer. You may be required to deposit additional USDC to cover fees if you desire to complete such a transfer.
3.4. Recurring Digital Asset Transactions. Recurring Digital Asset Transactions are not available at this time.
3.5. Revocation. When you give us instructions to purchase Supported Digital Assets, you cannot withdraw your consent to that purchase unless the purchase is not scheduled to occur until a future date e.g. you set up a recurring purchase of Supported Digital Assets (a "Future Transaction"). In the case of a Future Transaction, you may withdraw your consent up until the end of the business day before the date that the Future Transaction is scheduled to take place. To withdraw your consent to a Future Transaction, you must follow the instructions on the Fiatleak Site.
3.6. Unauthorized and Incorrect Transactions. When a Digital Asset Transaction or USDC transaction occurs using your credentials, we will assume that you authorized such transaction, unless you notify us otherwise. If you believe you did not authorize a particular transaction or that a transaction was incorrectly carried out, you must contact us as soon as possible via our help page. It is important that you regularly check your USD Wallet, Digital Asset Wallet, and any other wallets accessible through the Fiatleak Site and your transaction history to ensure you notify us as soon as possible of any unauthorized or incorrect transactions. Reporting an unauthorized transaction does not guarantee Fiatleak will be able to reverse the transaction or reimburse you for the transaction.
3.7. Account Information. You will be able to see your USDC Wallet and Digital Asset Wallet balances using the Fiatleak Site. You can also see your transaction history using the Fiatleak Site, including (i) the amount (and currency) of each Digital Asset Transaction; (ii) a reference to the identity of the payer and/or payee (as appropriate); (iii) any fees charged (excluding any spread, or margin, over the prevailing market rate on Fiatleak’s trading platform); (iv) if applicable, the rate of exchange, and the amount (in the new currency) after exchange (where you are the payer) or the amount (in the original currency) before the exchange (where you are the payee); and (v) the date of each Digital Asset Transaction.
3.8. Reversals & Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful, if your payment method has insufficient funds, or if you reverse a payment made from funds in your bank account, you authorize Fiatleak, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including your USDC Wallet or Digital Asset Wallet balances or other linked accounts, in any amount necessary to complete the transaction. We reserve the right to refuse to process, or to cancel, correct, clawback, or reverse, any Digital Asset Transaction or Transfers in our sole discretion, even after funds have been debited from your account(s), in response to a subpoena, court order, or other government order; or if we suspect the transaction may: involve money laundering, terrorist financing, fraud, or any other type of financial crime; be erroneous; or relate to a Prohibited Use or a Prohibited Business. In such instances, Fiatleak will reverse the transaction and we are under no obligation to reinstate a purchase or sale order at the same price or on the same terms as the canceled transaction.
4.1. In General. Your Digital Asset Wallet enables you to send Supported Digital Assets to, and request, receive, and store Supported Digital Assets from, third parties by giving instructions through the Fiatleak Site. Your transfer of Supported Digital Assets between your other Digital Asset wallets (including wallets off the Fiatleak Site) and to and from third parties is a “Digital Asset Transfer”. We recommend customers send a small amount of Supported Digital Assets as a test before sending a significant amount of Supported Digital Assets.
4.2. Pending Transactions. Once a Digital Asset Transfer is submitted to a Digital Asset network, the transaction will be unconfirmed and remain in a pending state for a period of time sufficient to allow confirmation of the transaction by the Digital Asset network. A Digital Asset Transfer is not complete while it is in a pending state. Pending Digital Asset Transfers that are initiated from a Fiatleak Account will reflect a pending transaction status and are not available to you for use on the Fiatleak Site or otherwise while the transaction is pending.
4.3. Inbound Digital Asset Transfers. When you or a third party sends Digital Assets to a Fiatleak Wallet from an external wallet not hosted on Fiatleak (“Inbound Transfers”), the person initiating the transaction is solely responsible for executing the transaction properly, which includes ensuring that the Digital Asset being sent is a Supported Digital Asset that conforms to the particular wallet address to which funds are directed, including any required Destination Tag/Memo. By initiating an Inbound Transfer, you attest that you are transacting in a Supported Digital Asset that conforms to the particular wallet address to which funds are directed. For example:
Fiatleak incurs no obligation whatsoever with regard to unsupported Digital Assets sent to a Fiatleak Account or with regard to Supported Digital Assets sent to an incompatible Digital Asset wallet address. If you send unsupported Digital Assets to a Fiatleak Account or Supported Digital Assets to an incompatible Digital Asset wallet address, then you will lose those Digital Assets. For some lost Digital Assets, Fiatleak may in its sole discretion offer you the option to attempt a recovery. We may charge fees to process the recovery attempt on your behalf. We will calculate all fees at our discretion, and notify you of the applicable fees at or before the time you authorize the recovery attempt. The actual amount recovered may differ from the estimated recovery amount. Fiatleak does not evaluate the authenticity, safety, or security of unsupported Digital Assets. You acknowledge and agree that Fiatleak is not liable for any loss incurred during the recovery attempt or subsequent use of the recovered Digital Asset.
Fiatleak may from time to time determine types of Digital Assets that will be supported or cease to be supported. You acknowledge and agree that you may be required to pay network or miner’s fees in order for an Inbound Transfer transaction to be successful. Insufficient network fees may cause an Inbound Transfer to remain in a pending state on a decentralized network outside of Fiatleak’s control, and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and cannot reverse such transactions.
4.4. Outbound Digital Asset Transfers. When you send Supported Digital Assets from your Fiatleak Account to an external wallet (“Outbound Transfers”), such transfers are executed at your instruction by Fiatleak. You should verify all transaction information prior to submitting instructions to us. Fiatleak shall bear no liability or responsibility in the event you enter an incorrect blockchain destination address, incorrect Destination Tag/Memo, or if you send your Supported Digital Assets to an incompatible wallet. We do not guarantee the identity or value received by a recipient of an Outbound Transfer. Digital Asset Transfers cannot be reversed once they have been broadcast to the relevant Digital Asset network, although they may be in a pending state, and designated accordingly, while the transaction is processed by network operators. Fiatleak does not control the Digital Asset network and makes no guarantees that a Digital Asset Transfer will be confirmed by the network. We may cancel or refuse to process any pending Outbound Digital Asset Transfers as required by law or any court or other authority to which Fiatleak is subject in any jurisdiction. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further Fiatleak Services and/or before permitting you to engage in transactions beyond certain volume limits.
4.5. Debts. In the event that there are outstanding amounts owed to us hereunder, including in your Fiatleak Account, Fiatleak reserves the right to debit your Fiatleak Account accordingly and/or to withhold amounts from funds you may transfer between your Fiatleak Accounts.
5.1. Personal Data. You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated individuals, in connection with this Agreement, or the Fiatleak Services. Accordingly, you represent and warrant that: (i) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and such data are accurate, up to date and relevant when disclosed; (ii) before providing any such personal data to us, you have read and understood our Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided a copy of that Privacy Policy (as amended from time to time), to that individual; and (iii) if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to us.
5.2. Security Breach. If you suspect that your Fiatleak Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or Fiatleak (collectively a "Security Breach"), you must notify Fiatleak Support immediatel and provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce or manage any Security Breach. Prompt reporting of a Security Breach does not guarantee that Fiatleak will reimburse you for any losses suffered or be liable to you for any losses suffered as a result of the Security Breach.
5.3. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Fiatleak. Always log into your Fiatleak Account(s) through the Fiatleak Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
6.1. Limited License. All content included in or made available through the Fiatleak Services, Fiatleak Site or any related content, materials and information such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (collectively, the “Content”) is the property of Fiatleak or its affiliates or its content providers and protected by United States and international copyright laws. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Fiatleak Services, Fiatleak Site, and Content solely for purposes approved by Fiatleak from time to time. Any other use of the Fiatleak Services, Fiatleak Site or Content is expressly prohibited and all other right, title, and interest in the Fiatleak Services, Fiatleak Site or Content is exclusively the property of Fiatleak and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part without the prior written consent of Fiatleak."Fiatleak.com", and the following non-exhaustive list, including Fiatleak, Fiatleak Logo, Fiatleak EXCHANGE; and without limitation, any graphics, logos, button icons, and service names included in or made available through any Content, and all logos related to the Fiatleak Services or displayed on the Fiatleak Site are either trademarks or trade dress of Fiatleak or its licensors in the United States and other countries. You may not copy, imitate or use them without Fiatleak's prior written consent for any purpose, including without limitation, in: connection with any product or service that is not authorized by Fiatleak; any manner that is likely to cause confusion among customers; or a way that disparages or discredits Fiatleak.
6.2. Website Accuracy. Although we intend to provide accurate and timely information on the Fiatleak Site, the Fiatleak Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Fiatleak Site are your sole responsibility and we shall have no liability for such decisions. Information provided by third parties, including historical price and supply data for Digital Assets, is for informational purposes only and Fiatleak makes no representations or warranties to its accuracy. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Fiatleak Site.
6.3. Third-Party Applications. If, to the extent permitted by Fiatleak from time to time, you grant express permission to a third party to access or connect to your Fiatleak Account(s), either through the third party's product or service or through the Fiatleak Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your Fiatleak Account(s). Further, you acknowledge and agree that you will not hold Fiatleak responsible for, and will indemnify Fiatleak from, any liability arising out of or related to any act or omission of any third party with access to your Fiatleak Account(s). You may change or remove permissions granted by you to third parties with respect to your Fiatleak Account(s) at any time through the tabs on the Account Settings page on the Fiatleak Site.
6.4. Your Content. Some Fiatleak Services let you share your own content (for example text, images, video, graphics, audio or other materials, “Your Content”). Before sharing Your Content through the Services, you promise and attest that you own and control all of the intellectual property rights to Your Content (or that you have the necessary license rights to the content) and that Your Content is lawful. We reserve the right to remove Your Content at our discretion, without notice and without liability. You agree that all of Your Content posted on our Services must comply with all policies applicable to your use of Fiatleak Services, features or products. If Your Content violates our policies, we may remove it without notice. When you share Your Content on our Services, you may be asked to make disclosures, or label or categorize Your Content; failing to do so accurately may result in Your Content being removed. We also reserve the right to label or categorize Your Content and allow other users to label or categorize Your Content. How Your Content is labeled or categorized may affect how it is displayed by our Services.
6.4.1. License to use Your Content. When you share Your Content through the Services, you retain your intellectual property rights in Your Content and you provide us with the following license to use Your Content: by using our Services you grant us a worldwide, non-exclusive, royalty-free, sublicensable, perpetual, and transferable license to host, publish, display, perform, reproduce, copy, distribute, communicate, modify, reformat, translate, or otherwise use Your Content (including your text, images, video, graphics, audio, files, communications, and any other content you provide) to operate, improve, develop, and promote our Services. If you see content on Fiatleak that you believe violates your intellectual property rights, you agree to submit a notice of claimed intellectual property infringement using the procedures described on our Content Removals page. We comply with the Digital Millennium Copyright Act ("DMCA") and we will respond to a properly submitted notification of claimed copyright infringement in accordance with our DMCA procedures. Note that repeat infringers may have their Fiatleak Account disabled.
6.5. Transaction Limits. The use of all Fiatleak Services may be subject to a limit on the amount of volume, stated in U.S. Dollar terms, you may transact or transfer in a given period (e.g., daily). Fiatleak reserves the right to change applicable limits, and to refuse to raise your limits, as we deem necessary in our sole discretion.
6.6. Unclaimed Property. If Fiatleak is holding funds (whether fiat currency or Supported Digital Assets) in your account, and has no record of you accessing the Services for several years and is unable to contact you, applicable law may require Fiatleak to deliver any such funds to the applicable state or jurisdiction as unclaimed property.
6.7. Password Security; Contact Information. You are responsible for creating a strong password and maintaining security and control of any and all electronic devices, IDs, email addresses, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the Fiatleak Services. You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. You should never allow remote access or share your computer and/or computer screen with someone else when you are logged on to your Fiatleak Account. Fiatleak will never under any circumstances ask you for your passwords, 2-factor authentication codes, or to screen share or otherwise seek to access your computer or account. Fiatleak is not liable for any loss that you may sustain due to the compromise of your account login credentials (including passwordless credentials such as Passkeys and any other means of authentication). Fiatleak is also not liable for your failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Fiatleak Account information has been compromised, contact Fiatleak Support immediately.
6.8. Taxes. The tax treatment of Digital Asset transactions is uncertain, and it is your responsibility to determine what taxes, if any, arise from transactions using Fiatleak Services under this Agreement. Users are solely responsible for reporting and paying any applicable taxes arising from transactions using Fiatleak Services, and acknowledge that Fiatleak does not provide investment, legal, or tax advice governing these transactions. You understand that Fiatleak shall report information with respect to your transactions, payments, transfers, or distributions made by or to you with respect to your activities using Fiatleak Services to a tax or governmental authority to the extent such reporting is required by applicable law. Fiatleak also shall withhold taxes applicable to your transactions or to payments or distributions made or deemed made to you to the extent such withholding is required by applicable law. From time to time, Fiatleak shall ask you for tax documentation or certification of your taxpayer status as required by applicable law, and any failure by you to comply with this request in the time frame identified may result in withholding and/or remission of taxes to a tax authority as required by applicable law. You should conduct your own due diligence and consult your own tax advisors before making any decisions with respect to Digital Asset transactions.
6.9. Designating a Fiduciary. For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will freeze your Fiatleak Account and during this time, no transactions may be completed until: (i) your designated fiduciary has opened a new Fiatleak Account, as further described below, and the entirety of your Fiatleak Account has been transferred to such new account; or (ii) we have received proof in a form satisfactory to us that you have not died. If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorize us to make inquiries, whether directly or through third parties, that we consider necessary to ascertain whether you have died. Upon receipt by us of proof satisfactory to us that you have died, your designated fiduciary will be required to open a new Fiatleak Account in order to gain access to the contents of your Fiatleak Account. If you have not designated a fiduciary, then we reserve the right to (i) treat as your fiduciary any person entitled to inherit your Fiatleak Account, as determined by us upon receipt and review of the documentation we, in our sole discretion, deem necessary or appropriate, including (but not limited to) a will, a living trust or a small estate affidavit; or (ii) require an order designating a fiduciary from a court having competent jurisdiction over your estate. In the event we determine, in our sole discretion, that there is uncertainty regarding the validity of the fiduciary designation, we reserve the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your Fiatleak Account.
6.10. Suspension, Termination, and Cancellation. Fiatleak may suspend, restrict, or terminate your access to any or all of the Fiatleak Services, and/or deactivate or cancel your Fiatleak Account(s), with immediate effect for any reason at its sole discretion and is under no obligation to disclose the details of its decision to take such action with you. You acknowledge that Fiatleak's decision to take certain actions, including limiting access to, suspending, or closing your account for any reason in our sole discretion, may be based on confidential criteria that are essential to Fiatleak's risk management and security protocols. You agree that Fiatleak is under no obligation to disclose the details of its risk management and security procedures to you.You will be permitted to transfer Supported Digital Assets or funds associated with your hosted Digital Asset Wallet(s) and/or your USDC Wallet(s) for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under applicable law, including but not limited to applicable sanctions programs; or (ii) by a facially valid subpoena or court order. You may close your Fiatleak Account(s) at any time. You will not be charged for closing your Fiatleak Account(s), although you will be required to pay any outstanding amounts owed to Fiatleak. You authorize us to cancel or suspend any pending transactions at the time of account closure. Fiatleak may discontinue or change any product, service, or feature, in its sole discretion, at any time. You agree that we may transfer you to a product or service that is reasonably similar to the discontinued or changed product or service, to the extent such product or service exists. We will provide you with prior notice of material changes, discontinuation, or the transfer related to a product, service, or feature, to the extent required or applicable.
6.11. Export Controls and Sanctions. Your use of the Fiatleak Services and the Site is subject to applicable law including but not limited to export restrictions, end-user restrictions, antiterrorism laws, and economic sanctions. By sending, receiving, buying, selling, trading, or storing Digital Assets through the Site or Fiatleak Services, you agree that you will comply with all applicable laws. You are not permitted to acquire Digital Assets or use any of the Fiatleak Services through the Site if doing so would violate applicable laws and regulations, including but not limited to those of the United States (including prohibiting dealings with sanctioned persons identified by the U.S. Department of the Treasury’s Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons (“SDN”), or other U.S. non-SDN restricted or prohibited parties lists, and those prohibiting dealings with persons organized, resident, or located in comprehensively sanctioned jurisdictions), and/or any other applicable federal, state, municipal or local laws and regulations (each as amended from time to time).
6.12 Consent to Receive Text Messages. By opting in to receive text messages from Fiatleak, you verify that the mobile number provided to Fiatleak is true and accurate and that you are the current subscriber or owner of any telephone number that you provide. By voluntarily providing your telephone number(s) and opting in to receiving text messages from Fiatleak, you expressly agree to receive recurring automated text messages (such as SMS, MMS, or successor protocols or technologies) from Fiatleak and understand that consent is not required to make any purchase. Message and data rates may apply and the frequency of messages varies. Your consent to receive automated texts is completely voluntary. Fiatleak, carriers and other service providers which support Fiatleak in delivering text messages are not responsible for any delayed or undelivered text messages. You acknowledge and agree to accept a final text message confirming your opt-out. We may use different numbers for different messaging purposes, so texting STOP to one number will not effectuate a stop request for all text messaging programs to which you are subscribed. If you would like to stop messages from multiple numbers, text STOP to each number to which you would like to unsubscribe. You agree to indemnify, defend, and hold harmless Fiatleak for any claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you. Opt-in consent for text messages is not shared with any third party, except telecommunication technology providers (e.g. aggregators and providers of text message services) as defined in our Privacy Policy.
7.1. Contact Fiatleak. If you have feedback, or general questions, contact us via our Customer Support. Fiatleak requires that all legal documents (including civil subpoenas, complaints, and small claims) be served on our registered agent for service of process. Please note that our registered agent will accept service only if the entity identified as the recipient of the document identically matches the name of the entity registered with the Secretary of State and for which our registered agent is authorized to accept service (404 Publishing LLC.). By accepting service of a legal document, Fiatleak does not waive any objections we may have and may raise in response to such document.
7.2. Formal Complaint Process. If you have a complaint with Fiatleak, you agree to first contact Fiatleak through our support team to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through Fiatleak Support, you agree to use the Formal Complaint Process set forth below before filing any arbitration claim or small claims action as described further in Appendix 5 below. You must complete the Formal Complaint Process before filing any arbitration or small claims action. If you do not complete it, then you agree that your claim or action must be dismissed from arbitration or small claims court.
7.2.1. Procedural Steps. In the event that the dispute is not resolved through your contact with Fiatleak Support, you agree to use our complaint form to describe your dispute, how you would like us to resolve the complaint, and any other relevant information. If you prefer to send a written complaint via mail, please include as much information as possible in describing your complaint and how you would like us to resolve the complaint, including your support case number and any other relevant information to Fiatleak, Inc., 328 Crandon Blvd Ste 119-200 Key Biscayne, FL 33149. We will acknowledge receipt of your complaint form after you submit it. A Fiatleak customer relations agent will review and evaluate your complaint based on the information you have provided and information in the possession of Fiatleak. The Formal Complaint Process is completed when Fiatleak responds to your complaint or forty-five (45) business days after the date we receive your complaint, whichever occurs first.
7.3. Arbitration. You agree to be bound by the Arbitration Agreement in Appendix 5 to this Agreement.
8.1. Release of Fiatleak; Indemnification. If you have a dispute with one or more users of the Fiatleak Services, you release Fiatleak, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold Fiatleak, its affiliates and service providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
8.2. Limitation of Liability; No Warranty. IN NO EVENT SHALL Fiatleak, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (I) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL ASSETS ASSOCIATED WITH YOUR DIGITAL ASSET WALLET AT THE TIME OF THE EVENT OR CIRCUMSTANCE GIVING RISE TO YOUR CLAIM OR (II) FOR ANY LOST PROFITS, LOSS OF GOODWILL OR REPUTATION, LOSS OF DATA, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE Fiatleak SITE OR THE Fiatleak SERVICES, OR THIS AGREEMENT, EVEN IF Fiatleak HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF Fiatleak’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT Fiatleak FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE LESSER OF THE VALUE OF THE SUPPORTED DIGITAL ASSETS AT ISSUE IN THE TRANSACTION OR THE TOTAL VALUE OF THE SUPPORTED DIGITAL ASSETS ASSOCIATED WITH YOUR DIGITAL ASSET WALLET, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES ARISING OUT OF OR RELATING TO DIGITAL ASSETS THAT ARE NOT SUPPORTED DIGITAL ASSETS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE Fiatleak SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Fiatleak SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. Fiatleak DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE Fiatleak SITE, ANY PART OF THE Fiatleak SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. Fiatleak DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE Fiatleak SERVICES AND Fiatleak SITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT Fiatleak WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (I) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSET PRICE DATA, OR ANY ERROR, DELAY OR INTERRUPTION IN THE TRANSMISSION OF SUCH DATA; (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR WEBSITES, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR ANY OF THE Fiatleak SERVICES OR ANY WEBSITE OR SERVICE LINKED TO OUR WEBSITE; (III) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR WEBSITES, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR ANY OF THE Fiatleak SERVICES; OR (IV) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR Fiatleak ACCOUNT.
9.1. Entire Agreement. This Agreement, the Privacy Policy, E-Sign Disclosure and Consent Policy, Prohibited Use Policy, and Appendices incorporated by reference herein comprise the entire understanding and agreement between you and Fiatleak as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), between you and Fiatleak. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
9.2. Assignment. We reserve the right to assign our rights without restriction, including without limitation to any Fiatleak affiliates or subsidiaries, or to any successor in interest of any business associated with the Fiatleak Services. In the event that Fiatleak is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. You may not assign any rights and/or licenses granted under this Agreement. Any attempted transfer or assignment by you in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
9.3. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
9.4. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, Fiatleak Account cancellation, debts owed to Fiatleak, general use of the Fiatleak Site, disputes with Fiatleak, and general provisions, shall survive the termination or expiration of this Agreement.
9.5. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, pandemic, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
9.6. Non-Waiver of Rights. This Agreement shall not be construed to waive rights that cannot be waived under applicable laws, including applicable state money transmission laws in the state where you are located. In addition, our failure to insist upon or enforce strict performance by you of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance.
9.7. Relationship of the Parties. Fiatleak is an independent contractor for all purposes. Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between you and Fiatleak, or authorize you to act as agent of Fiatleak.
9.8. Governing Law. You and we agree that the laws of the State of California, without regard to principles of conflict of laws, will govern the Agreement and any Dispute, except to the extent governed by the Federal Arbitration Act or other applicable federal law.
9.9. Class, Collective, Representative, and Mass Action Waiver and Jury Trial Waiver. You and Fiatleak agree that, except as specified in the Batch Arbitration Provision set forth above, each of us may bring claims against the other only on an individual basis and not on a class, representative, or collective basis or as part of a mass action (such as a mass arbitration), and the parties hereby waive all rights to bring or to participate in such actions in arbitration or in court to the maximum extent permitted by applicable law. This provision does not prevent you or Fiatleak from participating in a class-wide settlement of claims. YOU AND WE AGREE TO WAIVE OUR RIGHTS TO A JURY TRIAL. To the extent that any Dispute proceeds in court, and to the maximum extent permitted by applicable law, you and we agree to waive any right to a jury trial and have such matter resolved by a judge (also known as a bench trial).
9.10 Forum Selection. Unless you and Fiatleak agree otherwise, to the maximum extent permitted by applicable law, the state and federal courts in Miami Florida (except for small claims courts, in which case you and we agree to resolve our Disputes in a small claims court of competent jurisdiction) will have exclusive jurisdiction over any Dispute that is not subject to arbitration or over any action involving the applicability or enforceability of the Dispute Resolution section 7 or any portion of the Dispute Resolution section (including the Arbitration Agreement, Appendix 5). You and Fiatleak consent to the exclusive jurisdiction of these courts and waive any objections as to: (1) personal jurisdiction or (2) the laying of venue in such courts because of inconvenient forum or any other basis or right to seek to transfer or change venue of any such action to another court.
As a regulated financial service company operating in the US we are required to identify users on our platform. This ensures we remain in compliance with KYC/AML laws in the jurisdictions in which we operate, something that is necessary for us to be able to continue to offer Digital Asset exchange services to our customers. Fiatleak collects and verifies information about you in order to: (i) protect Fiatleak and the community from fraudulent users; and (ii) to keep appropriate records of Fiatleak's customers. Your daily or weekly Conversion limits, withdrawal and trading limits, Instant Buy limits, and limits on transactions from a linked payment method are based on the identifying information and/or proof of identity you provide to Fiatleak.
All U.S. customers who wish to use Fiatleak Services are required to establish a Fiatleak Account by:
All U.S. customers who wish to send and receive Digital Assets on to the blockchain are required to:
Notwithstanding these minimum verification procedures for the referenced Fiatleak Services, Fiatleak may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any Fiatleak Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your level of identity verification by visiting your account page.
You may contact us to request larger limits. Fiatleak will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and Fiatleak does not guarantee that we will raise your limits.
This policy describes how Fiatleak delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.
Electronic Delivery of Communications
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Fiatleak Account(s) and your use of Fiatleak Services. Communications include:
You consent to the use of electronic signatures in connection with your use of the Services.
We will provide these Communications to you by posting them on the Fiatleak Site, emailing them to you at the primary email address listed in your Fiatleak profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
Hardware and Software Requirements
In order to access and retain electronic Communications, you will need the following computer hardware and software:
How to Withdraw Your Consent
You may withdraw your consent to receive Communications electronically by contacting us. If you fail to provide or if you withdraw your consent to receive Communications electronically, Fiatleak reserves the right to immediately close your Fiatleak Account or charge you additional fees for paper copies.
Updating your Information
It is your responsibility to provide us with a true, accurate and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if Fiatleak sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Fiatleak will be deemed to have provided the Communication to you.
You may update your information by logging into your account and visiting settings or by contacting our support team.
In addition to the Services described in the Agreement, the following services ("Additional Services") may be made available by Fiatleak to Users that fulfill certain eligibility criteria. The provisions for each Additional Service herein apply to your use of such Additional Service, in addition to the other applicable provisions of the Agreement. If you do not use any Additional Services, then this Appendix does not apply to you.
Disputes Defined. “Disputes” are defined as any dispute, claim, or disagreement arising out of or relating in any way to our relationship with you, the Services, the Fiatleak Site, any Communications you receive, any products or services sold or distributed through the Fiatleak Site, or the User Agreement. The term “Disputes” is intended to be interpreted broadly. The provisions below describe which Disputes belong in arbitration, small claims court, or a court of general jurisdiction.
Pre-Filing Formal Complaint Requirement. Before an arbitration demand or small claims action is filed, you and we agree to exhaust the Formal Complaint Process. See Section 7.1, above.
Arbitration Agreement. You and we agree to arbitrate all Disputes in binding arbitration except for the following types of Disputes:
1. Disputes about whether the Dispute is arbitrable. You and we agree that any Disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including Disputes about the enforceability, revocability, scope, or validity of the Dispute Resolution section or any portion of the Dispute Resolution section (including the Arbitration Agreement) shall be resolved in a court of competent jurisdiction, not arbitration. This includes, but is not limited to, any dispute about whether the Batch Arbitration provision applies to the Dispute.
2. Disputes that are within the jurisdiction of a small claims court. You and we agree that if a Dispute could be brought in a small claims court in the county or parish in which you reside, then it must be brought in that small claims court, not arbitration, provided that it remains in that court and is not removed or appealed to a court of general jurisdiction.
3. Disagreements about whether a Dispute is within the jurisdiction of a small claims court. You and we agree that any disagreement about whether a Dispute is within the jurisdiction of a small claims court will be resolved by the small claims court in the first instance. Disagreements about whether a Dispute is within the jurisdiction of a small claims court may otherwise be resolved in a court of competent jurisdiction, but only after you or we have exhausted resolution from the small claims court.
4. Disputes about or related to infringement or misuse of intellectual property (“IP”) rights (e.g., trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You and we agree that you or Fiatleak must resolve IP Disputes outside of arbitration (e.g., in a court of competent jurisdiction). This means, for example, if you have a Dispute that contains an IP cause of action, which is not arbitrable under this agreement, and other causes of action that are arbitrable, then the arbitrable causes of action must proceed in arbitration and the IP cause of action must proceed outside of arbitration consistent with the other terms of the User Agreement. You and we agree that all IP Disputes shall not be stayed solely on the grounds that there exists a pending arbitration of arbitrable causes of action.
5. Disputes about whether you or we have violated state or federal securities laws. In the event that there is a Dispute about whether you or we have violated state or federal securities laws, you and we agree that such Disputes shall be resolved by a court of competent jurisdiction. This means, for example, if you have a Dispute that contains causes of action under the state or federal securities laws and other causes of action that are arbitrable, then the arbitrable causes of action must proceed in arbitration and the state or federal securities laws causes of action must proceed in a court of competent jurisdiction.
Arbitration Procedure. You and we agree that arbitration under this Arbitration Agreement will, depending on the circumstance, be administered by the American Arbitration Association (“AAA”) subject to the AAA’s Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. If the AAA is unable or unwilling to administer the arbitration consistent with the Arbitration Agreement, or if the Dispute is part of a Batch Arbitration, you and we agree that JAMS will administer the arbitration subject to the JAMS Rules and Procedures then in effect, including any Mass Arbitration Procedures and Guidelines applicable to the Dispute, except as modified by this Arbitration Agreement. You and we agree that if JAMS is unable or unwilling to administer the arbitration consistent with the Arbitration Agreement, and the parties cannot agree on an alternative provider that will do so, then you or we may petition a court of competent jurisdiction to appoint an administrator that will do so. The AAA and JAMS rules are available at https://adr.org/Rules and https://www.jamsadr.com/adr-rules-procedures/. You and we agree that the User Agreement evidences a transaction involving interstate commerce and notwithstanding any other provision with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq. and federal arbitration law (not state arbitration law) will govern any proceedings regarding enforcement of this Arbitration Agreement. Any applicable limitations periods (including statutes of limitations) shall apply in arbitration like in court. You and we agree that an arbitral award shall have no preclusive effect in any other proceeding involving other Users. You and we (and your and our counsel, if represented) agree to work together in good faith to ensure that arbitration remains efficient and cost-effective for all parties. The arbitrator shall have the authority to award sanctions against parties and their counsel consistent with the standard set forth in Federal Rule of Civil Procedure 11.
Severability. You and we agree to sever arbitrable Disputes (which shall be resolved in arbitration) from Disputes that are not arbitrable (which shall be resolved in court); you and we also agree that if any provision of this Arbitration Agreement is found unenforceable, then that portion of the Arbitration Agreement shall be severed and the remainder of the Arbitration Agreement shall continue to control. Notwithstanding the foregoing, if the “Batch Arbitration” provision would otherwise apply to the Dispute, but a court of competent jurisdiction determines that the “Batch Arbitration” provision is unenforceable as to the Dispute or a portion of the Dispute (and all appeals have been exhausted or the ruling is otherwise final) or JAMS or a JAMS arbitrator refuses to apply all of the provisions of the Batch Arbitration provision as written, then the affected Dispute or portion of the Dispute cannot proceed in arbitration and may proceed in a court of competent jurisdiction consistent with the other terms of the User Agreement unless the parties agree otherwise in writing.
Confidentiality. You and we agree that any information exchanged between us in an arbitration may be used solely for that arbitration. You and we agree that we may not, for example, use information you or we obtained from the other party in one arbitration proceeding in another arbitration proceeding. You and we also agree to keep any information exchanged between us in any arbitration proceeding confidential between us, you, your and our attorneys, and the arbitrator. To the extent additional persons require access to information exchanged for purposes of the arbitration, you and we agree to negotiate in good faith for the entry of a protective order that will impose similar confidentiality obligations.
Arbitrator Appointment. Any arbitrator appointed under the Arbitration Agreement will be selected by the parties from the AAA or JAMS’s roster of arbitrators. If the matter is proceeding before JAMS, then you and we agree that the arbitrator shall be appointed in accordance with JAMS’s strike and rank process set forth in Rule 15 of the Comprehensive Arbitration Rules & Procedures. If the matter is proceeding before AAA, you and we agree that the arbitrator will be appointed through a strike and rank process consistent with the approach taken by JAMS in Rule 15 of the Comprehensive Arbitration Rules & Procedures.
Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Dispute was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Fiatleak need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Formal Complaint Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
Waiver of Class, Collective, Representative, Mass Actions, and Other Non-Individualized Relief. YOU AND Fiatleak AGREE THAT, EXCEPT AS SPECIFIED IN THE BATCH ARBITRATION PROVISION SET FORTH BELOW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, LITIGATED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION (SUCH AS A MASS ARBITRATION) BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED, LITIGATED, OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this provision entitled “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Fiatleak agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in a court of competent jurisdiction consistent with the other terms of the User Agreement. This provision does not prevent you or Fiatleak from participating in a class-wide settlement of claims.
Batch Arbitration. You and we agree to abide by this Batch Arbitration provision in the event that: (a) there are twenty-five (25) or more individual arbitration demands of substantially similar nature filed by us against you and other customers or by you and others against us and (b) such arbitration demands are filed with the assistance of the same law firm, group of law firms, or organizations. You and we agree that arbitration demands will not be deemed “substantially similar” if they involve claims seeking relief in connection with alleged losses of assets arising from different facts and circumstances. Arbitration demands that trigger the application of this Batch Arbitration provision can be administered in arbitration only pursuant to the provisions of this Batch Arbitration Provision. See Severability, above.
1. If this Batch Arbitration provision is triggered, then JAMS shall:
a. administer the arbitration demands in batches;
b. appoint a single, different arbitrator for each batch unless the parties agree otherwise; and
c. provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one in-person or video hearing (if any) in a format to be determined by the arbitrator that shall be convenient for the parties. You and we agree that if the Dispute is subject to this Batch Arbitration process, you will personally appear at any hearing (with counsel, if you are represented).
2. The number of batches will depend on the number of arbitration demands that were filed. The batching methodology is set forth below:
a. If there are more than 25 but fewer than 2,000 arbitrations, then there will be 20 batches.
b. If there are 2,000 or more arbitrations, then they will be batched into batches of 100 arbitrations per batch.
c. In deciding which arbitration demands will go in which batch, JAMS shall make the batches as equal as possible in terms of cumulative amount demanded and number of arbitration demands.
3. You and Fiatleak (and your and our counsel, if represented) agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for each Batch, as well as any steps to minimize the burdens and costs of arbitration. You and Fiatleak (and your and our counsel, if represented) agree to work together in good faith throughout the Batch Arbitration process to streamline procedures, modify the number of arbitrations to proceed per batch as appropriate, increase efficiencies, and seek to resolve Disputes.
4. You and we agree that arbitrations administered pursuant to this Batch Arbitration provision may be administered concurrently to the extent administratively feasible.
5. Arbitrators appointed pursuant to this Batch Arbitration provision shall issue separate awards for each Fiatleak User involved in a batched proceeding.
6. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.