Terms of Use

Last modified: March 15, 2022

The terms of use outlined in this document apply to the services and products offered by Fozeus Technology OÜ.

1. GENERAL CONDITION

1.1 The terms of use outlined in this document apply to the services and products offered by Fozeus Technology OÜ, a private limited company incorporated in the Republic of Estonia under registration number 16237856 (“Fozeus”, ”Company”, “we”, “us”, “our”) and any natural person or legal entity (“client”, “you”, “your,” “user.”).

1.2 “Terms of Use” govern your access to and use of www.fozeus.com, herein referred to as our “Website.” This access and use includes that of any associated mobile applications, referred to herein as “Applications.” This access and use also includes any analytics, content, services, functionality, and media offered by Fozeus Technology OÜ, all of which are referred to herein also as “Products”.

1.3. Please read through these Terms of Use carefully before using any Fozeus Website, or other Products as mentioned in the above section. By using Fozeus Website, or other Products or by clicking to agree or accept the Terms of Use outlined herein, you are agreeing to accept these binding Terms of Use. This also applies to our Privacy Policy, Cookies Policy, and other Related Policies. If you do not agree to these Terms of Use or Related Policies, you should not access or otherwise use the Website, Services or any other Products.

1.4. You should be aware that your country of residence may impose certain unique restrictions to the Services provided by Fozeus, and you are responsible for complying with rules and regulations as applicable to your activities with Fozeus. Use of the Website, or any Products is available to those who are 13 years old and older in Estonia, or of legal age in their own country of residence. If you are 13 or older but under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review these terms with your parent or guardian to make sure that both you and your parent or guardian understand and agree to these terms. you agree to have your parent or guardian review and accept these terms on your behalf. If you are a parent or guardian agreeing to the terms for the benefit of a child over 13, then you agree to and accept full responsibility for that child's use of the tools or the site, including all financial charges and legal liability that he or she may incur.

1.5. By using Fozeus’ Website or any Products, you are stating that you are of legal age in your country of residence and that you are legally allowed to use the Website, Services or any other Products. You also agree to use Fozeus’ Products and Website for lawful purposes only.

1.6. Reliance on Information Posted. The information our Website and Products is for general information purposes only. While we aim to provide accurate and useful information, we do not accept any responsibility for the use of this information, and we cannot warrant its accuracy or usefulness. Use of this information is carried out at your own risk, and we do not accept any liability from consequences users might incur from using the information, such as through loss of funds while selling, exchanging or other trading operations.

1.7. Content and its intended use. We reserve the right to update or change the format and content on our Website and other Products without notifying users. This content and format is accepted “as is” and should be used at your own risk. The content on our Website and other Products may include content related to or provided by third parties. We do not accept responsibility for the information and views presented in third-party content. We are not liable to users or third-party content providers for the accuracy or nature of third-party content.

1.8. The content on our Website and any other Products is not intended to be used as advice of any kind, nor is it intended to be used to inform or guide user selling, exchanging, and trading of the Digital Assets. We do not accept liability for any financial losses incurred while trading with Fozeus, or for damages of any kind incurred as a result of anyone using the Website or any other Products in any way, including through relying on the information or tools offered by Fozeus. Trading and investing is at your own risk, and we offer no warranties or implied warranties to the fullest extent permitted by law.

We cannot and do not offer a guarantee that the content of the Website or any other Products is free from viruses, malware, or other harmful software, and it is your responsibility to check for malware and viruses and implement appropriate IT security when using our Website or any Products.

1.9. Changes to the Terms of Use. We may revise and update these Terms of Use at our sole discretion, and any changes made are effective immediately. You are expected to check this page from time to time to monitor for any changes, and any changes made will be binding to you and your use of Fozeus’ Website and any other Products.

1.10. Accessing the Website and Account Security. We reserve the right to make changes to the Website, or withdraw the Website, and to amend or withdraw any other Products that we offer at our sole discretion. We do not guarantee that our Website or any other Products will exist in perpetuity with uninterrupted service, and we will not be liable if our Website or any other Products becomes unavailable for any period of time or at any time.

1.11. In order to access the Website, you may need to provide registration details, documents, or other information. It is your responsibility to ensure that all of this information is valid, current, and correct. Your use of our Website is conditional on you providing correct information and adhering to our Terms of Use and Privacy Policy.

1.12. Apple Applications. If you’re using our Website or any other Products via an Apple application, you must do so on a device owned or controlled by you using the Apple iPhone OS. Apple has no obligation to provide you with support or maintenance services regarding this application. Please contact Fozeus with any questions regarding maintenance or support, rather than contacting Apple. Apple is a third-party beneficiary under the Terms of Use outlined in this document and reserves the right to enforce these terms against you, unless stated otherwise in the Terms of Use. Apple will not be responsible or liable for any third-party claim that your possession or use of the Apple application infringes on intellectual property rights. You state by agreeing with the Terms of Use that you are not in any country subject to US government embargo or that has been determined by the US to be a “terrorist supporting country,” and further agree that you are not on any US government list of prohibited or restricted parties.

If your application doesn’t conform to the warranty applying to it, you may in this instance notify Apple and Apple may refund the purchase price of the application. To the fullest extent permitted by law, Apple does not give or enter into any warranty or condition regarding the application and is not liable for claims, losses, or other expenses related to your use of the application or the use of others.

1.13. Android Applications. If you’re using an Android application to access our Website any other Products, this application can only be accessed and used on a device owned or controlled by you. If the Product that you access, and use is an Android Application: By using the application, you are aware that Google has no obligation to provide support or maintenance services regarding the application. For queries about support and maintenance, contact Fozeus rather than Google. Google is a third-party beneficiary under the Terms of Use outlined in this document and reserves the right to enforce these terms against you, unless stated otherwise in the Terms of Use. Google will not be responsible or liable for any third-party claim that your possession or use of the Google application infringes on intellectual property rights. You state by agreeing with the Terms of Use that you are not in any country subject to US government embargo or that has been determined by the US to be a “terrorist supporting country,” and further agree that you are not on any US government list of prohibited or restricted parties.

If your application doesn’t conform to the warranty applying to it, you may in this instance notify Google and Google may refund the purchase price of the application. To the fullest extent permitted by law, Google does not give or enter into any warranty or condition regarding the application and is not liable for claims, losses, or other expenses related to your use of the application or the use of others.

2. SCOPE OF SERVICES

2.1. Fozeus Technology OÜ users can use the Website, Services and any other Products to:

  • Open an account, herein referred to as the “Account” or “Client Account”, and use the Products and Services provided by Fozeus;
  • Buy, sell, and exchange digital assets for other digital assets;
  • Store Digital Assets with a respective third-party service provider;
  • Perform financial operations using the account such as making transactions;
  • Transfer Digital Assets to other Fozeus Technology OÜ users or third-parties.

2.2. Your use of Fozeus is subject to local laws and regulations, and you are responsible for complying with these laws and regulations. The users have non-exclusive, personal, non-transferable, non-sublicensable and limited rights to use Fozeus’ Website any other Products in accordance with the Terms of Use.

3. PROVISION OF SERVICES

3.1. Clients need to open an Account with Fozeus to use the Services provided.

3.2. Fozeus has the right to approve or reject applications based on internal policies, and we are not obliged to disclose the reasons for our decision regarding an application.

3.3. The Client will provide all the information and documents needed to open an account. We may request additional information after the account has been opened and approved, and the Client must provide this information to keep using the Account.

3.4. In case of change of information and/or documents the Client must inform Fozeus immediately. We may withhold or stop access to the Services and the Account if a Client refuses to provide additional information when asked.

3.5. Fiat currency limits are set at the sole discretion of Fozeus and are subject to change. The client must inform us at once if they do not agree to these changes, and continued use of our Services means the Client accepts the changes.

3.6. The client acknowledges and accepts that any losses incurred from losing access to Fozeus Services is not the responsibility of the Company, and that the Company is not liable for these losses.

4. REFUND POLICY

4.1. Fozeus bears no liability or responsibility for losses incurred by the inappropriate, incorrect, illegal, or unauthorized use of our services. We will not cover losses or provide refunds in such cases.

4.2. Blockchain transactions are permanent and irreversible. It is not possible to cancel or modify a blockchain transaction after it has been made, including during the phase that the transaction is pending. It is the Client’s responsibility to ensure that the details of such transactions are correct.

4.3. Clients can contact support at any time at support@fozeus.com in order to make an inquiry or file a dispute or request regarding a refund. Clients are obligated to provide support with all necessary details on request when asking for a refund. Submission of a refund request, inquiry, or dispute regarding a refund does not guarantee that a refund will be granted.

5. CANCELLATION POLICY

5.1. Pending and completed Fozeus transactions cannot be cancelled or reversed by the Client. It is not possible to alter, reverse, or cancel transactions made on blockchain networks, and users should ensure that they have entered the correct addresses and amounts when transferring digital assets.

5.2. Fozeus does not accept liability or responsibility for any funds lost due to errors made by the client when entering this information. It is possible to permanently lose or destroy certain digital assets by sending them to an incompatible address.

6. TERMINATION

6.1. Fozeus can terminate client access to the Website and any other Products at the sole discretion of the company.

6.2. Among other reasons not listed, Fozeus may also suspend or terminate your account for any or all of the following reasons:

  • Unlawful or unauthorized attempt to access the Website, Services or any other Products
  • Breach of security features limiting use access to or protecting content
  • violations of this Terms of Use;
  • Due to the request of legal authorities or financial regulators, provided that Fozeus deems the request to be legitimate and compelling acting in its sole discretion.
  • Accounts that have been inactive for a period of 6 months may be cancelled, along with unconfirmed accounts. Fozeus is not liable for any issues resulting in terminating a relationship or cancelling an account.
  • Fozeus reserves the right to change, suspend, or discontinue all or any part or aspect of the Services at any time without notice to the client or Website visitors.

7. WARRANTIES & ACKNOWLEDGMENT

7.1. The Client (and/ or representative of the Client, when the Client is a legal person) states the following:

7.1.1. The client is legally an adult and has read and understood these Terms of Use, and has full capacity to enter into these Terms of Use and use Services lawfully;

7.1.2. The client adheres to relevant legal regulations and rules based on their country of residence;

7.1.3. The client is solely responsible for lawful handling of taxation as outlined in applicable tax regulations;

7.1.4. The client is authorized to use Fozeus and is doing so personally;

7.1.5. The client maintains information such as personal data, financial details, and information regarding their activities on Fozeus confidential;

7.1.6. The client ensures a level of security appropriate to the risk in respect of the personal data and securing authorization credentials;

7.1.7. The data the client provides when registering for Fozeus is accurate, complete and current; the client provides the necessary banking information required by Fozeus, such as name and account details. This also applies to electronic payment service provider information;

7.1.8. The client agrees to provide the details of a Digital Assets Wallet for the purpose of a Digital Assets return;

7.1.9. The client only uses specific addresses for Digital Assets provided by Fozeus when sending Digital Assets intended for sale

7.1.10. The client is aware that funds held on the Fozeus account are not considered as a deposit, and that Fozeus services are not associated with banking or financial institution services which require a specific license.

8. THE CLIENT ACKNOWLEDGES THE FOLLOWING

8.1. The client is responsible for any losses related to the sale, purchase, or exchange of Digital Assets.

8.2. There are risks inherent to the trade of Digital Assets such as market volatility, liquidity risk, and others. The client is solely responsible for all legal risks associated with these services.

8.3. The client is responsible for any losses related to the sale, purchase, or exchange of Digital Assets.

8.4. Transactions can be cancelled at any time by Fozeus and Digital Assets may then be returned to the client account after minimum blockchain confirmations have been reached.

8.5. Fozeus is not liable for technical delays on the Website or any other Products we offer, whether these delays affect price or other aspects of service.

8.6. Banks may refuse to open an Account and this is not the responsibility of Fozeus.

8.7. The time it takes to transfer Digital Assets is subject to market conditions and the mining fee attached to the transaction.

8.8. In the event of unauthorized use of services, Fozeus neither bears any responsibility nor covers any losses.

8.9. Clients must provide accurate information when completing information requests to avoid delays and mistakes in processing transactions and payouts. This includes ensuring that spelling is correct.

8.10. Fozeus can change Terms of Use without notice and clients are expected to monitor the Terms of Use for changes. If major changes are made Fozeus will notify clients of said changes and these changes are then effective within 10 days.

9. INTELLECTUAL PROPERTY

9.1. Business name. Fozeus’ logo, name, and related logos, names, slogans, designs, and media are the intellectual property of Fozeus or affiliates. Unauthorized use is not allowed. None of the contents of the Website or any other Products grant license or rights to use these media in any way without express written permission upon application.

9.2. Intellectual Property Rights. Use of our Website, Services and the Products is permitted for your personal, non- commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website and any other Products. Exceptions can be made in cases where:

  • Copies of our IP materials are temporarily stored by your computer in RAM;
  • Files are automatically cached by your browser.
  • Media has been printed for personal use such as leaving a single copy of a webpage printed in your residence for non-commercial use.
  • Applications that enable downloading will store information on your device as per Terms of Use.

9.3. Do not:

  • Alter materials on the website;
  • Make unauthorized copies of materials on the website;
  • Delete or make changes to any copyright materials created by Fozeus;
  • Access or use the website for commercial or unauthorized purposes;
  • Contact support@fozeus.com in order to request permission to use Fozeus IP for any purpose.

9.4. Breaking any of the terms outlined regarding IP will immediately revoke your right to use the Website and any other Products associated. You must cease all action regarding unauthorized use of IP at once upon realizing the breach of Terms of Services and destroy or return any copies of materials as instructed by Fozeus. Breach of these Terms of Use may violate copyright, trademark and other laws.

10. PROHIBITED USE

10.1. The Website, Services and any other Products can only be used for lawful purposes.

10.2. Do not use the Website and any other Products in such a way that violates local or international laws or regulations, including any laws regarding the export of data or software to and from the EU or other countries.

10.3. Do not use the Website and any other Products for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

10.4. Do not use the Website and any other Products to send or receive or otherwise handle materials l which do not comply with these Terms of Use.

10.5. Do not use the Website and any other Products to send advertising or promotional material without our prior written consent.

10.6. Do not use the Website and any other Products to impersonate Fozeus staff or any other party that you do not represent.

10.7. Do not use the Website and any other Products to attempt to harm Fozeus users or otherwise restrict or inhibit anyone’s use or enjoyment of the Website and any other Products.

10.8. Do not use the Website and any other Products to republish, redistribute or re-transmit any data from any of our communications, analytics, and other Products without our permission;

10.9. Do not use the Website and any other Products for copy or store any of our Products other than for your own personal non-commercial use. Unauthorized or commercial use is forbidden.

10.10. Do not use the Website and any other Products to store or host any Products (including pages of a Website) on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the Website or the Product;

10.11. Do not use the Website and any other Products to remove or change any content of any Product or attempt to circumvent security or interfere with the proper working of the Product or any servers on which it is hosted;

10.12. Do not create links to the Website from any other website without our prior written consent unless you are the webmaster of the other site and you are aware that the link is not misleading, fairly indicates the destination, contains no statement implying a Fozeus endorsement, and links only to the Fozeus homepage. Do not replicate Fozeus IP as a Meta tag. This is permitted only in the event that the website does not contain unlawful, threatening, libelous, pornographic, or offensive content.

10.13. Do not use automated means to access the website for any reason.

10.14. Do not create any financial product or service based on our products or services.

10.15. Do not attempt to interfere with the proper working of the website.

10.16. Do not use the Products or Website in any way not expressly permitted by these Terms of Use of the Website and any other Products must be carried out in a lawful manner and not in such a way that could damage our reputation or those of our affiliates or partners.

10.17. Any permissions or rights given to you under these Terms of Use will terminate immediately in the event that you breach or fail to comply with any of these Terms of Use.

10.18. To use the Website and any other Products in any way that is not expressly permitted by these Terms of Use, you will need a separate license from us. Please contact us via support@fozeus.com

11. USER INFORMATION

11.1. Any information we collect is subject to our Privacy Policy. When you use the Website, Services and any other Products you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

12. ACCURACY OF WEB CONTENT

12.1. Content may be updated occasionally, but this does not imply that the content is always up to date or complete. Material on our Website or any other Products may be out of date and we are not obligated or required to update it.

13. CONFIDENTIAL INFORMATION

13.1. When you use or access the Website, Services or any Products, data may be transmitted over an open network in such a way that communications could be intercepted by third parties. This is not our responsibility or liability and we cannot guarantee the confidentiality or security of any communication or data transmitted to us through the Website.

14. LINKS FOR THE WEBSITE

14.1. If a Website or any other Products contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to any Website, you do so entirely at your own risk and subject to the terms and conditions of use for such website. We reserve the right to withdraw linking permission without notice.

15. THIRD PARTY SERVICE

15.1. Third party vendors and partners may use the Website or any other Products, and may contribute to the production and development of both. Some of these third parties may require users to comply with additional terms and conditions. This page identifies third- party terms and conditions that are required by such third-party vendors and business partners as they apply to the features set forth below, and these conditions are subject to change at the third party’s discretion.

16. DISCLAIMER OF WARRANTIES

16.1. As stated earlier, we cannot guarantee that the Products and Website will be free from malware, viruses, or harmful code, and your IT security is your responsibility. We are not liable for losses or costs caused by a distributed denial-of-service attack or other technologically harmful material that may infect your computer systems or equipment, or data or other proprietary material due to your use of the website. Your use of the Website is at your own risk, and its content is provided on an “as is” basis with no warranties (implied or otherwise).

16.2. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website.

16.3. We cannot guarantee, nor can anyone associated with Fozeus, that any of the content or services will be accurate, reliable, free of errors, uninterrupted, or in service in perpetuity.

16.4. Fozeus disclaims warranties of any kind, including express, limited, and statutory warranties to the fullest extent permitted by law.

17. LIMITATION ON LIABILITY

17.1. Neither the company nor its affiliates, service providers, employees, associates, licensors, officers, or directors will be held liable for damages arising from the use or inability to use our Website or any other Products, or any associated sites or products. This includes, but is not limited to, loss of revenue, personal injury, emotional injury or distress, loss of goodwill, reputational damage, loss of profits, breach of contract, and loss of anticipated earnings.

17.2. The company will not be liable for any loss or damage arising from any use of your account by you or by any third party, including unauthorized use and cyber-attacks.

18. INDEMNIFICATION

18.1. You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of any Website, Services or any other Products, including, but not limited to, any use of any Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from Fozeus.

19. COMPLAINTS AND DISPUTE RESOLUTION

19.1. For questions, feedback, or complaints, contact via email at support@fozeus.com

19.2. For complaints, please outline the cause of the complaint, your desired outcome, and any other relevant information. Fozeus will consider your complaint without prejudice, and your complaint will be handled in a reasonable amount of time. You agree to use the complaints process before alternative solutions such as legal action. You agree to use the complaints procedure before filing claims with a bank in case of stolen cards or other issues. Failure to comply with these provisions may be used as evidence of your fraudulent conduct, bad faith, or unwillingness to settle the issue.

20. MISCELLANEOUS

20.1. These Terms of Use are binding for both us and clients. The client may not assign any of their rights or obligations outlined under these Terms of Use to a third party unless authorized to do so in writing by Fozeus.

20.2. The client accepts that we may transfer and/or assign rights and obligations listed in these Terms of Use at the sole discretion of Fozeus.

20.4. If any of the provisions in these Terms of Use are deemed illegal, invalid, or unenforceable, we will enforce the provision only to the extent that this is legally possible, and this does not impact the legality or enforceability or validity of any other agreements outlined in the Terms of Use.

20.5. Where a discrepancy between various translations occurs, the English translation of the Terms of Use shall be taken to be the prevailing version.

20.6. All section titles in these Terms of Use exist to allow you to navigate it more easily and are solely for your convenience. The section titles do not have any legal or contractual significance.’

21. GEOGRAPHIC RESTRICTIONS

21.1. Fozeus is owned by a limited company based in Estonia and makes no claims that the Website or any Product of its content is accessible or appropriate outside of Estonia. Access may not be legal by certain persons or in certain countries. Access to the Website or any other Products from other regions is done at your own initiative and you must comply with your own local laws.

22. JURISDICTION

22.1. Any legal claim or dispute regarding the use of the Website or other Products and these Terms of Use shall be governed by the internal laws of the Republic of Estonia without giving effect to any choice or conflict of law provision or rule (whether of Estonia or any other jurisdiction).

22.2. Any lawsuit or legal action as mentioned above will be instituted exclusively in the courts of the Republic of Estonia. Fozeus reserves the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.

22.3. In agreeing to these Terms of Use, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venues in such courts. Exceptions may be made if the prevailing legislation relevant to the dispute or claim states otherwise.

23. CONTACT DETAILS

23.1. If you have any queries related to these Terms of Use, please feel free to get in touch with our support staff at support@fozeus.com

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