Please read these terms and conditions carefully before using the mobile application
1. When these terms apply
1.1 These Automata – Account and Cryptoasset Terms as we may update from time to time (the "Account and Crypto Terms" or the “Terms”) and the Introduced Client Terms of Business govern the terms upon which we as described in condition 2.1 below (hereinafter referred to as “we” “our” “us”) shall provide any person, entity, fund or corporation who becomes our customer (hereinafter referred to as “Customer” or “you” “your”) with an Automata Account and Account Services (defined below).
1.2 Please read these Account and Cryptoasset Terms carefully before you use the Account Services. These Terms tell you who we are, how we will provide the Account Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us.
1.3 Cryptocurrencies are not like the E-money in your Automata Account. Cryptocurrencies are not E-money and they are regulated only for the purposes of anti-money laundering and counter-terrorist financing.
1.4 We do not provide any investment advice relating to our crypto service. You should carefully consider whether your personal situation and the financial risks you are willing to take mean that you should not buy cryptocurrencies. You may want to speak to an independent financial adviser
1.5 The following definitions and rules of interpretation apply in these Account and Crypto Terms:
1.6 These Account and Crypto Terms apply to you, as they set out additional terms that apply to your relationship with us when you use the Account Services through the Automata Account. It is important that you read and understand these Account and Crypto Terms before using the Account Services.
1.7 We will ask you to agree to these Account and Crypto Terms when you set up an Automata Account. If you do not agree to these Account and Crypto Terms, please do not use the Account Services.
2. Who we are
The Account Services are operated by Automata Pay Ltd, Automata Pay Europe Limited, Automata Wealth Management Ltd, Automata Wealth Management Europe Limited, Automata Exchange Ltd, Automata Exchange Europe Limited, Automata ICO Limited, Automata AI and our affiliates. The company that provides the Account Service to you depends on the service you are using and the country where you are ordinarily resident and create your Automata Account.
3.1 Automata Pay Ltd, Reg number 12208424 and incorporated in the United Kingdom is the registered agent of Modulr FS Limited which is authorised by the UK Financial Conduct Authority (UK FCA) for the issuance of E-money, having UK FCA firm reference number 900573.
3.2 Automata Pay Europe Limited, Reg number 69028 and incorporated in Ireland is the registered agent of Modulr FS Europe Limited (638002) which is authorised by the Central Bank of Ireland as an Electronic Money Institution.
3.3 Automata ICO Limited, Reg number 690280 and incorporated in Ireland has applied for a Virtual Asset Service Provider registration with the Central Bank of Ireland. Whilst the application is ongoing we are permitted to continue business as a Virtual Asset Service Provider in line with the Central Bank of Ireland's regulatory disclosure statement as required under section 106L of the CJA 2010 in relation to registered VASPS.
3.4 We are not a regulated financial service provider and therefore we are not regulated or authorised by the Central Bank of Ireland, the Competition and Consumer and Protection Commission or any other regulatory body in Ireland for financial services and so you will not be able to avail of regulatory protections associated with such regulated entities such as the investor or deposit protection schemes or access to the Financial services Ombudsman.
4. Information about you
4.2 You acknowledge that this is a contract for the supply of digital content not supplied on a tangible medium within the meaning of the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 where the performance has begun with your prior express consent and with your acknowledgement that you thereby lose the right to cancel the contract pursuant to such Regulations. You hereby expressly consent and acknowledge to such performance beginning and to losing the right to cancel the contract.
5. Information about the Automata Account
5.1 You can use the Account Services to:
6. Important warnings about using the Account Services
6.1 The information provided through the Automata Account and the App is not intended to be, and does not constitute financial advice or any other advice. It is general in nature and not specific to you. It is not an offer to buy or sell or a solicitation of an offer to buy or sell any security, product, service or investment, nor is it a recommendation, endorsement or sponsorship of any security, company or fund. You should assess carefully whether your financial situation and tolerance for risk is suitable for purchasing and holding cryptoassets or any currency, and you are responsible for conducting your own research before buying any cryptoassets or currency using the Account Services.
6.2 We will need to conduct certain checks to verify your identity in order for you to use the Account Services. We may also conduct further identity checks from time to time during the course of your use of the Account Services. We may refuse to provide (or, where applicable, continue to provide) you with the Account Services if we are unable to do this.
6.3 We may monitor transactions made using the Account Services for suspicious activity and fraud. If we suspect that you are using the Account Services in an unlawful manner or in breach of these Account and Crypto Terms, including if we suspect that you are attempting to manipulate the cryptoasset market, we may immediately end or suspend your use of the Account Services.
6.4 We may from time to time update the App to update or introduce new security features. You should make sure that you download and always use the most recent version of the App to help keep your Automata Account safe.
6.5 All transactions that you make through the Account Services are subject to certain limits. These limits may change over time - please see https://akt.io/#memberships for information about the current limits applicable to the Account Services.
6.6 The Account Services are not available to residents of any countries outside the European Economic Area.
6.7 Any amounts held in your Automata Account may not accrue interest or any other benefits.
6.8 Please note that any value stored in your Automata Account is not covered by any statutory protections afforded to banks, such as that under the UK Financial Services Compensation Scheme or under any Investor or Deposit Protection scheme in Ireland. You should seek legal advice if you are unsure of or would like further information about whether or not your money is appropriately protected to meet your individual requirements.
6.9 Funds kept by us in a Modular E-money account and kept in a separate ‘client account’ are not protected under a regulated deposit protection scheme.
7. Important warnings about buying and selling cryptoassets using the Account Services
7.1 Dealing or trading in cryptoassets is inherently risky, as the prices of cryptoassets can change rapidly. and can result in substantial losses of invested capital. You should not invest more than you can afford to lose. You should also ensure that the you fully understand the risks involved therefore carefully consider whether trading or holding cryptoassets is suitable in light of your own financial situation and attitude to risk. Investments in cryptoassets are not covered by the Financial Ombudsman Service or subject to protection under the Financial Services Compensation Scheme.
7.2 We cannot guarantee that the value of any cryptoassets that you purchase will not fall. If you use the Account Services to buy or sell cryptoassets, you therefore do so at your own risk.
7.3 The legal status of cryptoassets is unclear or unsettled in many jurisdictions. Changes in applicable laws may place additional conditions on, or otherwise restrict your ability to hold cryptoassets. In certain territories, the purchase of cryptoassets is illegal. You are responsible for ensuring that you comply with all applicable laws in relation to any cryptoassets that you purchase using the Account Services. We may restrict your ability to purchase cryptoassets if we reasonably believe that you are a resident of, or are purchasing cryptoassets in a jurisdiction where such transactions are illegal.
7.4 The purchase of cryptoassets may not be subject to the protections of any laws or regulations in the country where you live governing the purchase and sale of financial products. You may therefore not benefit from the same protections you might have under applicable laws as you might do when you buy other financial products.
7.5 When you buy cryptoassets using the Account Services, you instruct us to carry out a purchase of the cryptoassets on your behalf at an agreed price. When you sell cryptoassets using the Account Services, we will buy cryptoassets from you at an agreed price and credit this to your Automata Account.
7.6 Due to the nature of the exchanges where we buy or sell cryptoassets on your behalf, or the networks that process cryptoasset transactions, there may be circumstances outside of our control that mean we are unable to complete the sale or purchase of your cryptoassets. If this happens, we will notify you, including any changes we need to make to the agreed price and transaction amount, i.e we may debit any amount we have already credited to your Automata Account, or credit any amount we have already debited from your Automata Account, and ask you to perform the transaction again. This could result in a change to the price of the cryptoassets we offer to buy from you or which we buy on your behalf, in which event you can decide not to proceed with the transaction.
7.7 The crypto "wallet" that executes crypto asset transactions is only accessible through a combination of private and public keys. We will create a crypto "wallet" for you, the keys to which will be held by us and by a third party custodian. This "wallet" is only accessible through the Automata Account, and you may lose access to it if you lose access to the Automata Account. We will not be responsible for any losses you might suffer if you are barred or suspended from accessing the Automata Account in accordance with these Account and Crypto Terms.
8. Who can use the Account Services?
8.1 To use the Account Services, you must have set up an Automata Account to use the App in accordance with these Terms:
8.2 Your Automata Account is personal to you, and you are not allowed to give anyone else the right to use the Account Services or access your Automata Account on your behalf.
9. Verifying your identity
9.1 We will need to verify your identity in order for you to use the Account Services. This is known as "Know Your Customer" or "KYC", which we are required to do by law when providing the Account Services.
9.2 We may ask you to provide certain information to help us verify your identity. You must ensure that any information you provide is accurate, as we will not be responsible to you if we are unable to verify your identity because of any errors or omissions in the information you have provided to us.
9.3 Your identity may be subject to verification including, but not limited to, validation against third party databases or the verification of one or more official government or legal documents that confirm your identity and your place of residence.
9.4 Some of the searches which we or a third party may perform, such as a credit check, may leave a soft footprint on your credit history. This will not affect your credit rating.
9.5 We may ask you to provide updated information and supporting documents at least once a year in order to continue providing you with the Account Services.
9.6 We may refuse to provide you with some or all of the Account Services if we are unable to verify your identity.
10. Money Laundering
10.1 Automata is committed to preventing money laundering and any activity that facilitates money laundering, financing terrorism or any other criminal activity. We may therefore, from time to time:
10.2 We may refuse to provide you with all or some of the Account Services if:
10.3 We may suspend or end your access to your Automata Account and the provision of any Account Services to you at any time if:
11. Topping up your Automata Account
11.1 In order to top up the balance of your Automata Account, you will need to do one of the following:
By confirming that you wish to proceed with the transaction, you agree to sell to us the Transaction Amount at the Agreed Price. Please refer to paragraph 12 for more details about buying and selling cryptoassets through the Account Services.
11.2 Subject to paragraphs 11.3 and 11.6, we will:
11.3 When you top up your Automata Account your funds will be safeguarded by a licensed bank in segregated accounts in accordance with regulatory requirements. This safeguarding is intended to protect your rights in respect of the funds held in the Automata Account in the event of insolvency.
11.4 We may refuse to process any payment that you make from a card or bank account that is not in your name.
11.5 Where you make a payment to us by bank transfer in a currency different to your “Main Currency”, (EURO or GBP), when you top up your Automata Account (the "Top-Up Currency"), your payment will be converted into the “Main Currency” and we will credit this converted amount to your Automata Account.
11.6 Exchange rates may fluctuate rapidly, particularly with more volatile currencies, and so, when you make a transfer to your Automata Account that requires a currency conversion, there is no guarantee that the amount credited to your Automata Account will reflect the currency conversion rates published on the Account Services at the time you initiate the transfer, as there may be a delay between you initiating the transfer and the conversion to your Top-Up Currency (such as where you initiate a transfer on a day that is not a business day). Your bank may also apply additional fees to transactions in different currencies. We will not be responsible to you for any additional fees imposed by your bank or losses you suffer as a result of any changes in the exchange rate if you top up your Automata Account in a currency other than the Top-Up Currency.
11.7 Due to the nature of the exchanges and blockchain networks on which cryptoasset transactions are executed, there may be circumstances beyond our control that might prevent you from completing a sale, and us from completing a purchase of your cryptoassets. If this happens, we may need to reverse any credit applied to your Automata Account and ask you to perform the transaction again. We will notify you if this is the case, including any changes we need to make to the Agreed Price and Transaction Amount, and ask you to confirm that you wish to proceed with the transaction with the amended Agreed Price and Transaction Amount.
12. Buying, selling and transferring cryptoassets
12.1 When you set up an Automata Account, we will create a crypto "wallet" for you that we will use to execute the cryptoasset transactions on your behalf that you initiate through the Account Services.
12.2 You are responsible for all cryptoasset transactions that are initiated through your Automata Account, and we will not be responsible to you for any losses you might suffer if someone else accesses your Automata Account.
12.3 Your crypto "wallet" is only accessible through the Account Services. If you or we terminate your access to the Account Services and/or the Automata Account, you will lose your right to access this crypto "wallet". You should therefore transfer any cryptoassets to a separate, non Automata crypto wallet before you close your Automata Account, and we will not be responsible to you for any losses you might suffer if you fail to do so or if we terminate or suspend your access to the Account Services in accordance with these Account and Crypto Terms.
12.4 Sometimes we may refuse or cannot for technical reasons process an instruction to buy or sell crypto assets. Where this happens, we will not be responsible for any alleged losses you suffer as a result. We do not represent that your Automata Account, App and related services will be available without interruption. We furthermore do not guarantee that any order will be executed or accepted.
13. Holding amounts in your Automata Account
13.1 The balance of your Automata Account is not used for investment or lending purposes and will not accrue interest. Any amounts held in your Automata Account are not covered by any banking protections, such as the UK Financial Services Compensation Scheme or the FDIC Deposit Insurance Scheme, or the Investor / Deposit protection scheme in Ireland.
13.2 We will hold your cryptocurrencies as your nominee and on your behalf and you will own the rights to the financial value of any cryptocurrency we buy for you. We will hold your cryptoassets on your behalf and you will have a right to sell or transfer them within the limits of these Terms. The cryptoassets we buy for you will be held in a “virtual account” that also holds cryptoassets for other customers. You will not have a separate cryptocurrency account.
13.3 You have complete control of your cryptocurrencies, and we will only act upon instructions you give us. You will not be able to carry out transactions yourself.
13.4 There will not be any contractual relationship between you and our partnered cryptocurrency exchanges or any sub-custodian we appoint.
14. Exchanging currency and holding amounts in different currencies in your Automata Account
14.1 The Account Services allow you to exchange E-money held in your Automata Account into another supported currency. The available currencies and exchange rates may vary from time to time – please refer to the list of supported currencies and current exchange rates on the App
14.2 When you submit a request to convert currency in your Automata Account, we will execute the conversion at the rate displayed to you when you confirm your request and will inform you by posting a message on the Automata Account once we have completed the conversion.
14.3 Exchange rates can change rapidly, particularly with more volatile currencies. There is no guarantee that the value of a currency will not fall significantly, and you should ensure that you are aware of and accept any risk associated with any currency conversions you undertake or currencies you hold. We will not be responsible to you for any losses you suffer which are caused by fluctuations in the value of any currencies in which you hold money in your Automata Account.
14.4 The amount that you can exchange may be subject to a daily limit. Please refer to the Fees and Limits page on the App for information on the limits applicable to currency exchanges from time to time.
15. Making payments from your Automata Account
15.1 You can make payments from your Automata Account through the applicable functionalities on the App
15.2 To confirm a transaction, we may ask you to enter security details including your security credentials (password or passcode), biometrics linked to your device (for example fingerprint of facial recognition) or by confirming via a link sent to your mobile number or email address.
15.3 We will execute any payments you make from your Automata Account unless:
15.4 Unless we are prohibited from doing so by applicable law or court order, we will inform you if we refuse or are otherwise unable to execute your payment request.
15.5 You can submit payment requests to us at any time. However, other than any instructions you submit to us to pay amounts to another Automata Account, any payment request that you submit to us outside of business hours (meaning between 9 am and 5 pm, Monday to Friday, other than public holidays) will be actioned by us on the following business day.
15.6 If you ask us to make a payment at a specified future date, rather than immediately, we will action this request on your requested date, unless the date requested is not a business day in England (in which case we will do so on the next business day) or you cancel your payment instruction before that date. You will be able to cancel a payment instruction for a specified future date prior to that requested date using the applicable functionality on the App.
15.7 You should check to make sure that the details you submit with your payment request, such as the amount of the payment and information about the recipient's bank account, are correct before authorising a payment from your Automata Account. Other than payments you instruct us to make at a specific future date, or any unauthorised transactions or errors, any payment request that you submit to us cannot be cancelled or reversed. We will not be responsible to you for any transactions where you have provided us with incorrect details, and we have executed the transaction correctly using those details. In cases where you have provided us with incorrect details of the recipient, we may make reasonable efforts to recover funds, although we may charge you for any fees related to such recovery.
15.8 Payments that you make from your Automata Account are subject to daily limits and may be subject to processing fees and charges.
15.9 Once we receive and process your payment instruction, unless we are prohibited from effecting payment by applicable law or refuse to do so in accordance with these Account and Crypto Terms or a Force Majeure event, your payment shall be completed and be credited to the recipient's account within the following timeframes:
16. Open banking
16.1 Where you use open banking to access your Automata Account these terms still apply to you.
16.2 We may block an open banking provider from accessing your Automata Account where we are concerned they are acting fraudulently, don't have authorisation from you to access your account, or are required to for legal or regulatory reasons. Where we do this, we will inform you that we have done so and the reasons for doing so, where this is possible. Where these issues are resolved, we will unblock the open banking provider.
16.3 You may also block an open banking provider by contacting us through the chat function in the Automata App or by contacting us at firstname.lastname@example.org.
17. Security, and responsibility for unauthorised transactions or errors
17.1 You should always keep secret any security credentials that you use to access the App, Account Services or your Automata Account. You should also ensure that any device from which you access the Account Services is secure. This includes keeping any operating systems and antivirus software up to date, using strong PIN or passwords to secure your device, and not accessing the Account Services from a device that has been "jailbroken", "cracked", "rooted" or otherwise had restrictions in the software removed.
17.2 If you think that your security credentials may have been lost or stolen, you should inform us immediately by contacting our customer support service email@example.com. If you fail to do so, we will not be responsible to you for any unauthorised transactions undertaken from your Automata Account.
17.3 Where any transaction or action has been taken through your Automata Account but not authorised by you, or where an error has occurred, you must inform us as soon as possible.
17.4 If you let us know as soon as possible after noticing an unauthorised transaction, and in any event within 13 months from when the money was taken from your account, we will pay back the money into your account and any charges you occurred by having that money taken out if:
17.5 If you fail to notify us promptly upon noticing that an error or unauthorised transaction has occurred, or notify us after 13 months of the date of the unauthorised transaction or error, you will lose your entitlement to a refund in connection with the unauthorised transaction or error.
17.6 You will, however, be responsible for any losses you suffer as a result of unauthorised use of your Automata Account where this has happened because you have acted fraudulently, have failed to keep your security details safe (either intentionally or carelessly), or have otherwise failed to comply with these Automata Account and Crypto Terms.
17.7 We may also proactively freeze, block or suspend your Automata Account if we notice that there have been unusual transactions on your account or are concerned about the safety of your Automata Account. If we are able to under applicable law, we will notify you as soon as possible after we have frozen, blocked or suspended your Automata Account to inform you why we have done so and the steps you should take to re-activate your Automata Account.
18.1 Fees available on https://akt.io/#memberships
19. Rules of Acceptable Use of the Account Services
19.1 In addition to the other requirements within these Account and Crypto Terms and the Introduced Client Terms of Business this section describes specific rules that apply to your use of the Account Services (the "Account and Crypto Rules of Acceptable Use").
19.2 When using the Account Services you must not:
19.3 We may monitor the transactions you execute through the Account Services to ensure that you comply with the Account and Crypto Rules of Acceptable Use.
19.4 Failure to comply with the Account and Crypto Rules of Acceptable Use constitutes a serious breach of the Terms and may result in our taking all or any of the following actions (with or without notice):
19.5 The responses described in paragraph 19.4 are not limited, and we may take any other action we reasonably deem appropriate.
20. Ending our relationship and closing your Automata Account
20.1 In addition to any rights we have to terminate or suspend your use of the Automata Account in the Terms of Service, we may immediately end your use of the Account Services and the App if:
20.2 If we terminate your right to access the Automata Account or the Account Services, you will lose your ability to access and initiate transactions through your Automata Account.
20.3 You have the right to close your Automata Account at any time in accordance with the procedure set out in the App. If you close your Automata Account and end your use of the Account Service in accordance with these Terms, we will ask you to tell us where you would like to transfer any amounts held in your Automata Account.
20.4 While there is no fee for closing your Automata Account, where you owe us money we will deduct this amount from the amounts transferred on the close of your Automata Account.
20.5 If we terminate your right to access the Automata Account or the Account Services, we will ask you, within a reasonable time frame, to withdraw any balance held in your Automata Account at the time of account closure. If you do not, you will be able to withdraw this balance for six years from the time you end your use of the Account Services by contacting us at firstname.lastname@example.org.
20.6 We will maintain full custody of the digital assets, funds and user data/information which may be turned over to governmental or regulatory authorities in the event of an Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these terms.
21. Our responsibility to you
21.1 We take reasonable efforts to ensure that the Account Services itself is of a reasonable standard and quality and matches any descriptions we have provided to you. However, the Account Services may allow you to access some content provided, owned or developed by third parties. As we do not own or produce such third party content, we cannot be responsible for such content in any way.
21.2 While we take reasonable efforts to ensure that the Account Services are of a reasonably satisfactory standard, due to the nature of the Internet and technology, the Account Services may be unavailable if we need to undertake any emergency or scheduled maintenance on our systems. This means that we are unable to promise that your use of the Account Services will be uninterrupted, without delays, error-free or meet your expectations. We will notify you of any planned outages; however, we may not be able to do this if any outages are caused by circumstances outside of our control.
22 Other than our responsibility to you to execute payment transactions in accordance with these Account and Crypto Terms or block your Automata Account when you have told us that your security details have been lost, stolen or otherwise compromised, our responsibility to you for any claim arising with respect to your use of the Account Services will be limited to any direct and reasoanble loss you may have incurred and/or fees you have paid us.
22.1 We will also not be responsible to you for any loss or damage that is not reasonably foreseeable or that is caused by a failure by you to comply with these Account and Crypto Terms or to take reasonable care when using the Account Services. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you started using the Account Services, both we and you knew it was likely to happen.
22.2 The clauses above (and those at clause 28 below) apply to the fullest extent permitted by applicable law and do not affect your rights under the applicable law of the country in which you are resident, including our responsibility to you for fraud or if we deliberately breach our commitments in these Account and Crypto Terms.
22.3 You hereby acknowledge and agree that to the fullest extent permitted by applicable law, the Account Services are made available for use ‘as is’ and ‘as available’, with no warranties of any kind whatsoever and that, without prejudice to the generality of the foregoing, we make no warranty regarding, and shall have no responsibility for, the accuracy, availability, reliability, security, fitness for purpose or performance of the Account Services or the contents thereof.
22.4 Except as expressly set out in these Account and Crypto Terms, all representations, warranties, terms and conditions whether express or implied in relation to the Account Services or the information contained therein are hereby excluded to the fullest extent permitted by law.
22.5 Nothing in these Account and Crypto Terms limits or excludes Our liability for death, personal injury or fraud.
23. Contacting you
23.1 If we need to contact you, we will do so by secure message on the Automata App or by text message or email to the number and address you have registered with us. Please make sure you regularly check the App, texts and email account.
23.2 Please ensure the details you have registered with us are up to date, and notify us of any changes. We may, from time to time, request additional information from you. Please provide this as soon as possible to avoid any disruption to your Automata Account.
23.2 Please ensure the details you have registered with us are up to date, and notify us of any changes. We may, from time to time, request additional information from you. Please provide this as soon as possible to avoid any disruption to your Automata Account.
24. Resolving disputes
24.1 If you have a complaint or dispute with us relating to the Account Services, in the first instance we ask that you please contact us at email@example.com so that we can attempt to resolve the dispute between us informally.
24.2 As we are a tied agent of Modulr FS Europe Limited (EU) and Modulr FS Limited (UK), any complaints related to payment services will be escalated to Modulr, Automata will manage the communication with Modulr on your behalf.
24.3 In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.
24.4 We will respond to any complaint within 15 business days, unless we are prevented from doing so by reasons outside of our control. We will inform you if we are unable to respond within this time frame, along with the reasons for the delay.
24.5 If you are an EU Resident and we fail to respond to you within 15 business days and do not inform you of the reasons for our delay, or if we do not provide you with a final response within 35 business days from the date we received your complaint, you can make a complaint to https://www.fspo.ie/make-a-complaint/. You can also do this if you are not satisfied with the way we have dealt with your complaint. If this event does occur, please reference both Automata Pay Europe Limited and Modulr FS Europe Limited.
24.6 If you are in the EU, you can contact the Financial Ombudsman's Office by calling them between 8AM and 5PM (CET), Monday to Friday on +35 31 567 7000 or by submitting a form online here.
24.7 If you are in the United Kingdom, you can phone them on 0300 123 9123 between 8AM and 5PM (GMT) or email: firstname.lastname@example.org
25. Documents that apply to our relationship with you
25.1 We intend to rely on these Account and Crypto Terms as setting out the written terms of our agreement with you for the provision of the Account Services. If part of the Account and Crypto Terms cannot be enforced then the remainder of the Account and Crypto Terms will still apply to our relationship.
25.2 If you do not comply with these Account and Crypto Terms and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
26. Law and Jurisdiction
26.1 If you are resident in Ireland or another Member state of the European Economic Area these Account and Crypto Terms shall be:
26.2 If you are a resident of the United Kingdom these Account and Crypto Terms shall be:
27. Disclaimers & Warranties
27.1 If you need to contact us in relation to these Account and Crypto Terms or any other document mentioned in them, please email us at email@example.com
27.2 We value hearing from our users, and are always interested in learning about ways we can improve the Account Services. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
28. Contact, feedback and complaint
28.1 We disclaim any liability for interruption, delay or errors in use and, to the fullest extent permitted under applicable law, we are not liable for any loss whatsoever whether direct, indirect or consequential loss.
28.2 Third-Party Links and services. The App is provided on an as is and as available basis. We do not give any implied warranties of title merchantability fitness or non infringement. The App may contain links to third-party websites, advertisers, services, protocols, exchanges or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. By entering into this agreement you accept without reservation that if you access a third party website from the App, you do so at your own risk, and you understand that these Terms do not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content.
28.3 We do not make any warranty that the App will be continuous, uninterrupted, timely or error free.
28.4 We make no representations about the accuracy of historical digital currency price data available through the App or accessed through third party links. Any material information estimate or projection presented via the App is for information purposes only and no warranty whatsoever is given and no liability whatsoever is accepted for any loss arising whether direct or indirect as a result of you acting on any such material information estimate or projection.
28.5 We make no representation on behalf of any affiliate or service provider through which the services are provided through the App. We furthermore make no representation and are not liable for any delays failure in performance or interruption in service where they arise from issues directly or indirectly from such third party affiliates or service providers.
29. Defi and Staking
29.1 When you hold digital currencies with us, you may have the option to “stake” these assets in a third party proof of stake network.
29.2 If you stake your assets with us, we or one of our affiliates will stake these on your behalf. Your reward will be determined by the protocols of the applicable network. We will distribute the reward to you after we receive it. We do not guarantee that you will receive staking rewards, any specific staking reward or any staking return over time including the staking reward rate.
29.3 You have no right to a reward until it is received by us. Furthermore we do not guarantee proceeds under any staking program. We have the right to initiate or terminate any staking program for any digital asset or modify rules on such programs entirely at our sole discretion.
29.4 There are considerable risks involved in defi lending services, which include without limitation to risks of fluctuation of the borrowed digital assets value, derivative risks and technical risks. You shall carefully consider and exercise clear judgment to evaluate your financial situation and the aforesaid risks to make any decision on using such lending services, and you shall be responsible for all losses arising therefrom.
There may also be unanticipated risks arising from the use of such services. We are dependent on third parties in respect of the provision of defi services. As we rely on third party service provider(s) to provide defi or lending services for you, in the event that such third party service provider(s) experiences system failures, unplanned interruptions in its network or services, hardware or software defects, security breaches or other causes that could adversely affect its infrastructure network, it would disrupt our provision of such lending services and you may not be able to successfully sell or to receive any proceeds during such period. Staking, options trading, liquidity mining and technologies involving proof of stake, proof of work and other such services related consensus protocols are novel, experimental and speculative, and therefore there is significant uncertainty regarding the application of and viability of such technology. In addition to the risks included hereto, there are other risks associated with your use of the such services, including those that we cannot anticipate. Such risks may further materialise as unanticipated variations or combinations of these risks. Furthermore there is no assurance that an active market for digital assets will continue to remain or develop.
Furthermore the applicable laws in relation to the services, supported staking or defi networks, accepted digital assets and/or the supported tokens in various jurisdictions may be uncertain and/or subject to clarification, implementation or change. In the event of such clarification, implementation or change, the availability of such services, and/or the supported tokens (in connection with such services) may be adversely affected, including but not limited to the suspension or deactivation of the services and/or the availability of the accepted digital assets and/or supported tokens (in connection with such services).
29.5 By using this service you understand, acknowledge and agree that:
In the event that one or more of these Account and Crypto Asset Terms or any part thereof being or becoming invalid, illegal or unenforceable in any respect, it shall to the extent of such invalidity, illegality or unenforceability be deemed to be severed and removed and all remaining terms shall remain in full force and effect.
You may have to pay taxes or costs on your crypto assets or our crypto services. We are not responsible for collecting these from you, for making any payments on your behalf, or for providing any reports or returns relating to tax on your behalf. We shall bear no responsibility or liability for any tax or duty payable in respect of your use of the App or Automata Services,
You agree to indemnify us on demand against all or any direct or indirect taxes, duties, levies or the like payable by you in any jurisdiction in relation to any contract. This means that you must repay us if we are asked to make any such payment for you.
32. Force Majeure
32.1 We shall have no liability to you under these Account and Crypto Asset Terms if we are prevented from, or delayed in performing, our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including (but without limitation) strikes, lock-outs or other industrial dispute (whether involving our workforce or any other party) or failure of a utility service or transport network, system failures, intermediary system outages, postal failure or losses (either our’s or of any other party), act of God, pandemic, war, riot, civil commotion, malicious damage, compliance with any law of Governmental order, rule, regulation or direction, accident, breakdown of equipment, plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
33. Legal Status
33.1 By registering for an Automata Account with us in respect of any of the Automata Services, you warrant, undertake and represents that the you are:
33.2 We reserve the right at our sole discretion to refuse use of the Automata Services from any person suspected to be prevented under the laws of any jurisdiction from transacting for the Automata Services or whom we may not supply under the law of that jurisdiction, whether or not such law or impediment actually exists or might be enforceable or otherwise have extra-territorial effect
34. Limitation of Liability
34.1 This Term 34 sets out our entire financial liability (including any liability for the acts or omissions of its employees, agents, consultants and sub-contractors) to you in respect of:
34.2 Nothing in these Conditions limits or excludes out liability:
34.3 All warranties, conditions and other terms implied by statute or common law and all non–contractual obligations, are to the fullest extent permitted by law excluded from these Terms and any contract between you and us.
34.4 Save as aforesaid, we shall under no circumstances be liable for loss of profits, loss of business, depletion of goodwill or other similar losses, or any other special, indirect consequential or pure economic loss, cost damages, charges or expenses or fall in the value of any precious metal or currency which arise out of, or in connection with, any contract or these Terms
35. Assignment and other dealings
35.1 We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Terms.
35.2 You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under these Terms.