Cuverse Customer Agreement
This is a current version of Cuverse terms of service (hereinafter referred to as "Terms"). These Terms were last updated on July 1, 2024.
These Terms describe terms and conditions under which Cuverse provides, and you may use Cuverse services, Cuverse app, Cuverse Cloud, Cuverse Hosting, Cuverse Store and any other services, software, products (hereinafter collectively referred to as "Services/Service"), that belong to Cuverse, and in some cases can be supported, provided and operated by Cuverse affiliates or contractors (hereinafter collectively referred to as "Cuverse"). Briefly, these Terms regulate the mutual rights and duties of Cuverse and users.
We refer to the E-Commerce, Hosting providing & Colocation services and Additional Services (all defined below).
PLEASE REVIEW THESE TERMS CAREFULLY, INCLUDING WITHOUT LIMITATION ANY LINKED TERMS AND CONDITIONS APPEARING OR REFERENCED BELOW, WHICH ARE INCORPORATED BY REFERENCE INTO THESE TERMS.
THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ALL DISPUTES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THEM, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS, AS WELL AS ANY AND ALL ADDITIONAL TERMS AND POLICIES CUVERSE MAY PROVIDE, INCLUDING, WITHOUT LIMITATION, OUR PRIVACY POLICY, ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK THE “ACCEPT” OR SIMILAR BUTTON OR CHECK BOX, REGISTER A CUVERSE PROFILE OR OTHERWISE ACCESS OR USE THE CUVERSE MATERIALS. IF YOU DO NOT OR CANNOT AGREE TO THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE CUVERSE SITES, REGISTERING A CUVERSE PROFILE OR OTHERWISE ACCESSING OR USING THE CUVERSE MATERIALS.
YOU SHOULD BE AWARE THAT THE RISK OF LOSS IN MINING OR HOLDING DIGITAL CURRENCIES CAN BE SUBSTANTIAL. AS WITH ANY ASSET, THE VALUE OF MINING EQUIPMENT AND DIGITAL CURRENCIES CAN GO UP OR DOWN AND THERE CAN BE A SUBSTANTIAL RISK THAT YOU LOSE MONEY BUYING, SELLING, HOLDING, OR INVESTING IN MINING EQUIPMENT AND DIGITAL CURRENCIES. THE DIGITAL CURRENCY SERVICES AND ADDITIONAL SERVICES ARE NOT CURRENTLY REGULATED BY THE FINANCIAL CONDUCT AUTHORITY OR ANY OTHER REGULATOR IN THE UK. THE DIGITAL CURRENCY SERVICES AND ADDITIONAL SERVICES ARE NOT WITHIN SCOPE OF THE JURISDICTION OF THE UK FINANCIAL OMBUDSMAN SERVICE, AND YOUR DIGITAL CURRENCIES ARE NOT SUBJECT TO PROTECTION UNDER THE UK FINANCIAL SERVICES COMPENSATION SCHEME.
YOU SHOULD CAREFULLY CONSIDER WHETHER MINING OR HOLDING DIGITAL CURRENCIES IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION.
1. GENERAL PROVISIONS
1.1. These Terms are a legal agreement between Cuverse and you, or, if you represent a legal entity or other organization, that legal entity or organization (hereinafter referred to as "User" or "Customer"). When you click on the "Agree"/"Accept"/"Register"/"Create an account"/"Buy"/"Check Out"/ button or a similar button, or when you create an account and/or start to use any Service, you enter into a legally binding agreement with Cuverse. Please note, that some or part of the Services may be supported, provided and operated by affiliates or counterparties of Cuverse. By accessing and using such Services you enter in a contract with the company who operates relevant Services under the provisions of these Terms.
1.2. If you disagree with these Terms or any part of the Terms, please do not use the Services.
1.3. Cuverse retains the right to introduce the Additional Terms of Use for any specific Service, which will be presented to you before you access the relevant specific Service, and which become a part of these Terms when you start to use such specific Service. Therefore, when Cuverse refers to the Terms, Cuverse means these and any Additional Terms for the specific Service. These Terms describe the general rules and provisions which apply to all Services, unless otherwise directly specified by separate terms of use of a specific Service.
If any controversies arise between these Terms and Additional Terms which apply to the specific Service, such additional terms shall prevail.
Please note: when you start to use any specific Service, for example, Cuverse Сloud, Cuverse Hosting, Cuverse Store, you agree to be bound by these Terms and by the terms for that specific Service, if any.
2. ELIGIBILITY
To be eligible to use any of the Cuverse Services, you must be at least 18 years old and reside in a country in which the relevant Cuverse Services are accessible. Please note that not all Cuverse Services are available in every country.
2.1. By using the Services, you represent and warrant that:
2.1.1. you are at least 18 and you have reached the age allowing you to enter into these Terms. You represent and warrant that you have already reached the age of contractual capacity;
2.1.2. you are able to enter into a binding agreement with Cuverse according to the legislation applicable to you;
2.1.3. you are not banned from consuming and using the Services due to the applicable sanctions. In other words, you represent and warrant that you:
2.1.3.1. are not listed in any Sanctions-related list of designated Persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. Department of State, or by the United Nations Security Council, the European Union or any European Union member state;
2.1.3.2. are not residing or acting in sanctioned jurisdiction, including, as of the date hereof, Iran, Cuba, Syria, Sudan, North Korea.
2.1.3.3. are not banned from consuming and using the Services due to any other similar prohibitions or sanctions;
2.1.4. you will provide truthful information in your account;
2.1.5. you have read, understood and accepted these Terms and Privacy Policy in full;
2.1.6. you will comply with these Terms, which may be amended from time to time at the sole discretion of Cuverse.
3. CUVERSE ACCOUNT
3.1. To use the Cuverse Services, you will need to register for a Cuverse account (a "Cuverse Account") by providing your name, email address and a password and accepting the conditions of these Terms. You are fully responsible for all activity that occurs under your Cuverse Account. We may, in our sole discretion, refuse to open a Cuverse Account for you, or suspend or terminate your Cuverse Account or the using of a specific Service in your account.
3.2. You agree to provide us with the information we request for the purposes of identity verification and detection of money laundering, terrorist financing, fraud, or any other financial crime, including as set out in Appendix 2 (Verification Procedures and Limits) and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to start using the Cuverse Services and to access specific Cuverse Services and the limits that apply to your use of the Cuverse Services may be altered as a result of information collected on an ongoing basis.
The information we request may include certain personal information including, but not limited to, your name, address, telephone number, email address, date of birth, taxpayer identification number, government identification number, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details. In providing us with this or any other information that may be required, you confirm that the information is accurate and correct and you agree to keep us updated if any of the information you provide changes. We will treat this information in accordance with Section 11 (Data Protection).
*You authorize us to make enquiries, 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 enquiries, 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 enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait for a certain amount of time after completion of a transaction before permitting you to use other Cuverse Services and/or before permitting you to engage in transactions beyond certain volume limits. *
3.3. A User shall:
3.3.1. not create more than one personal account;
3.3.2. not create another account if Cuverse has already blocked, terminated or otherwise disabled this User’s account;
3.3.3. not create another account if Cuverse has already blocked, terminated or otherwise disabled User’s account, by abusing his/her rights concerning personal data (for example, using his/her right to erase personal data);
3.3.4. not create account/accounts through automated programs (bots, robots, etc.);
3.3.5. not use personal data of other people to proceed with the registration and verification processes if any are required for Service use;
4. CUVERSE SERVICES
4.1. Cuverse provides you with Services via a Dashboard or any other resource, if so specified in the current agreement.
4.2. The selection and ordering of the Services are carried out by the Customer in the Dashboard. To order a Service, it is necessary to replenish the Customer’s Personal Account Balance with the minimum amount necessary to provide the Service or pay for the ordered Service using any other available options.
4.3. The availability of a payment method depends on several factors including, for example, your location, the identification information you have provided to us, and limitations imposed by third party payment processors.
4.4. The cost of the Services is determined by the tariffs published on the Cuverse website. The Customer confirms that they are acquainted and agree with the established tariffs. Prices are listed in US Dollars, unless otherwise clearly indicated on the website.
4.5. Unless the contrary is provided by the Terms, the Services shall be paid in advance for any number of months of Service use. Services can be paid for in any manner available for selection in the Dashboard, including via an invoice. The invoice is to be issued by the Customer in the Dashboard. Services are only provided if there is a positive balance in the Customer's Personal Account Balance and there are no arrears on payments for the Services.
4.6. The volume of received Services is determined solely by the Cuverse credentials. The basis for debiting amounts for the Services from the Customer’s Personal Account Balance is the data obtained using the equipment by the Cuverse to record the volume of the rendered Services, as well as the fact that the Customer ordered the Services.
4.7. Cuverse has the right to change the tariffs and conditions for the provision of the Services for convenience with the mandatory notification of the Customer at least 15 (fifteen) calendar days before such a change. In case of disagreement, the Customer undertakes to discontinue to use the Services from the date of the change in the cost of the Services and/or the Terms of the Services.
4.8. The Customer is solely responsible for payment accuracy. When the Cuverse bank account details change, from the moment when the new requisites are published on the Cuverse website, the Customer is solely responsible for payments made upon obsolete requisites other than those specified in the newly issued invoice.
4.9. The fact of payment through the bank (using a bank transfer) is considered confirmed after the receipt of the relevant information from the Cuverse bank and is the basis for replenishing the Customer’s Personal Account Balance
4.10. The recording of the Services used by the Customer is carried out in accordance with the billing unit accepted by the Cuverse. The selection and ordering of the Services are carried out solely by the Customer in the Dashboard. The rendering of the Service by Cuverse begins at the time of its connection if there is a sufficient amount in the Customer's Personal Account Balance. The exception is the Services, the provision of which requires a confirmation by Cuverse in accordance with the Additional Terms of Use for Service.
4.11. When a third party (payer) makes the payments instead of the Customer, the following conditions must be met:
4.11.1. for an individual payer – provision of the power of attorney to represent the interests of the Customer;
4.11.2. for a legal entity payer – specification in the payment order: "Payment for ... (Customer's name), personal account number" in the “purpose of payment” field or provision of a written notification by the Payer about the offset payment for the Customer under these Terms.
The amount will not be transferred to the Customer’s Personal Account Balance until the above conditions are fulfilled.
5. LIABILITY. LIMITATION OF LIABILITY.
5.1. To the maximum extent allowed by law, Cuverse and its affiliates and their respective shareholders, investors, beneficial owners, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers will not be liable for any indirect, incidental, consequential, special, punitive, multiple, exemplary or any other damages (even if Cuverse has been advised of the possibility of such damages); for loss of profits; for loss of data; for loss of business opportunities; for loss of goodwill; for loss of other intangible objects or assets; loss of hash rate, or other digital units; for loss of savings; for loss of revenue or anticipated profits or for loss of business arising from or in connection with:
(1) breach of the Terms;
(2) your access to or use of or inability to access or use the Services;
(3) unauthorized access, use, or alteration of your content and data;
(4) termination of these terms by Cuverse;
(5) modifications, amendments, errors in Services;
(6) suspending of the Services;
(7) use of or inability to use the Service or from any products or transactions or transfers relating to products, or from any third party materials, including from any virus that may be transmitted in connection therewith, and including from any dispute with any other user of the Service.
5.2. You use the Services solely at your risk.
5.3. To the extent permitted by law, in no event will Cuverse aggregate liability for all claims relating to the Services that exceeds the greater of 100 EUR or the amount you paid Cuverse in fiat money, if any, in the last 180 days.
5.4. You agree that Cuverse shall not be responsible for the worsening of your physical or mental condition and the persons who have had access to your account for certain reasons, caused by the use of the Service in whole or its separate functions, communication with other users, etc. You agree that you are responsible for the consequences of the access of your relatives or third parties to the Service through your account.
5.5. You agree to indemnify us, our affiliates and service providers, and each of our, or their, respective officers, directors, agents, employees and representatives, in respect of any costs (including attorney fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and/or our enforcement of these Terms (including without limitation your breach of our Behavior Policy or our Policy on Prohibited Use, Prohibited Businesses and Conditional Use (as set out in Appendix 1)) or your violation of any law, rule or regulation, or the rights of any third party.
5.6. The Cuverse Services are provided on an "as is" and "as available" basis, with no further promises made by us regarding the availability of the Cuverse Services. Specifically, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to the Site, any of the Cuverse Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
5.6.1. We make no representations about the accuracy, order, timeliness, or completeness of historical data available on the Site. We will make reasonable efforts to ensure that account requests are processed in a timely manner, however, Cuverse makes no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors outside of our control.
5.6.2. Except for the express statements set forth in these Terms, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to you use and access of the Cuverse Services and Site.
5.7. We are not liable for any breach of the Terms, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.
5.8. Cuverse appreciates any feedback from you. Nevertheless, you cannot demand to change or to modify the Services or their specific features.
5.9. Cuverse may stop, suspend, or modify any of its Services or its separate functionalities at any time and without prior notice to you.
5.10. All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of both Cuverse and its affiliates and their respective investors, beneficial owners, shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers, and their respective successors and assignors.
6. TRANSACTION LIMITS AND ENHANCED DUE DILIGENCE
6.1. The use of all Cuverse Services is subject to a limit on the volume, stated in EUR, USD or other fiat currency or Digital Currency, you may transact or transfer in a given period (e.g. daily). Please see Appendix 2 (Verification Procedures and Limits) for further details. To view your limits, login to your Cuverse Account. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary. If you wish to raise your limits beyond the specified amounts, you may submit a request at support@cuverse.com
6.2. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with Cuverse staff if you wish to raise your limits ("Enhanced Due Diligence"). We reserve the right to charge you the costs and fees associated with such Enhanced Due Diligence, however, if we intend to do so, we will notify you in advance so that you can decide whether you wish to proceed with the request. At our discretion, we may refuse to raise your limits, or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
7. SITE AVAILABILITY AND ACCURACY
7.1. Access to Cuverse Services may become degraded or unavailable during times of significant rate volatility or delays in equipment delivery from the manufacturer. This could result in the inability to buy for periods of time and may also lead to support response time delays.
7.1.1. Although we strive to provide you with excellent service, we do not guarantee that the Site or other Cuverse Services will be available without interruption, and we do not guarantee that any order will be executed, accepted, recorded, or remain open; and
7.1.2. please note that our customer support response times may be increased, including during times of significant volatility or equipment delays, especially for non-trust and safety issues.
7.2. Cuverse shall not be liable for any losses resulting from or arising out of transaction delays.
7.3. Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, the Content (as defined below)) may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors.
7.4. In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including the information regarding our policies, products and services, without limitation. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility, and we shall have no liability for such decisions.
7.5. Links to third-party materials (including any websites, without limitation) 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 such third-party materials accessible or linked to from the Site.
8. SUSPENSION, TERMINATION, AND CANCELLATION.
8.1. We may: (a) refuse to complete, or block, cancel or reverse a transaction you have authorized (even after funds have been debited from your Cuverse Account), (b) suspend, restrict, or terminate your access to any or all of the Cuverse Services, and/or (c) deactivate or cancel your Cuverse Account with immediate effect for any reason, including but not limited to when:
8.1.1. we reasonably believe that we need to do so in order to protect our reputation;
8.1.2. we are, in our reasonable opinion, required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction;
8.1.3. we reasonably suspect you of acting in breach of these Terms;
8.1.4. we reasonably suspect that you have breached our Behaviour Policy or our Policy on Prohibited Use, Prohibited Businesses and Conditional Use (as set out in Appendix 1);
8.1.5.we have concerns that a transaction is erroneous, or about the security of your Cuverse Account, or we suspect the Cuverse Services are being used in a fraudulent or unauthorized manner;
8.1.6. we suspect money laundering, terrorist financing, fraud, or any other financial crime;
8.1.7. use of your Cuverse Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Cuverse Account activity; and/or
8.1.8. you take any action that may circumvent our controls, such as opening multiple Cuverse Accounts or abusing promotions which we may offer from time to time.
8.2. If we refuse to complete a transaction and/or suspend, restrict, or close your Cuverse Account, and / or terminate your use of Cuverse Services, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension, or closure, and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension, or closure. If we refuse to complete a transaction and/or suspend your Cuverse Account, we will lift the suspension or complete the transaction as soon as reasonably practicable once the reasons for refusal and/or suspension cease to exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed, or cancelled transaction.
8.3. We may suspend, restrict, or terminate your access to any or all the Cuverse Services and/or deactivate or cancel your Cuverse Account, without reason by giving you notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Cuverse Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.
8.4. Cuverse may deny providing Services to the User, who decided to use the Services after the termination of these Terms due to his/her violations.
8.5. Cuverse may take one or more measures defined above at the same time.
8.6. Cuverse will not be responsible for any loss of profits; for loss of data; for loss of business opportunities; for loss of goodwill; for loss of other intangible objects or assets; loss of hash rate, or other digital units; for loss of savings; for loss of revenue or anticipated profits or for loss of business arising during the block period. A User shall be solely responsible for all negative consequences related to the blocking.
8.7. Upon termination of this Terms for any reason, unless prohibited by applicable law or by any court or other order to which Cuverse is subject in jurisdiction, you are permitted to access your Cuverse Account for ninety (90) days thereafter for the purposes of transferring Digital Currency;
You are not permitted to use the Cuverse Services or your Cuverse Account for any other purposes during these periods and we may, at our discretion, limit the functionality of the Site for you accordingly.
If we suspend or close your account or terminate your use of Cuverse Services for any reason, we reserve the right to require you to re-complete the procedures outlined at Section 3.2 before permitting you to transfer or withdraw Digital Currency. You may cancel your Cuverse Account at any time by withdrawing all balances. You will not be charged for cancelling your Cuverse Account, although you will be required to pay any outstanding amounts owed to us. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
9. DISPUTE RESOLUTION
9.1. A User agrees that any claim that a User may have arising out of or related to the User’s relationship with Cuverse must be filed within 30 days after such claim arose; otherwise, such claim is permanently barred.
9.2. To the extent permitted by law, a User agrees that any claim it may have against Cuverse, including Cuverse past and present affiliates, officers, directors, employees, and agents, must be brought individually and a User shall not link such claim with claims of any other person or entity or bring, link or participate in a class action against Cuverse, including past and present affiliates, officers, directors, employees and agents of Cuverse.
9.3. You and Cuverse shall try to settle all the differences, which may arise, by negotiations. You agree that the e-mail correspondence with Cuverse at support@cuverse.com shall be an effective and binding communication method for the purpose of settling disputes between you and Cuverse.
10. FEEDBACK
10.1. We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding Cuverse or our Services that you provide, whether by email, posting through our Services or otherwise ("Feedback"). Any Feedback you submit is non-confidential and shall become the sole property of Cuverse. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights to it; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes to arise. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in this section.
11. DATA PROTECTION
11.1. You acknowledge that we may process personal data related to you (if you are an individual), and personal data that you have provided (or will provide in the future) to us in relation to your employees and other associated, or other individuals (if you not an individual), in connection with this Terms, or the Cuverse Services. We will process this personal data in accordance with the Privacy Policy. Accordingly, you represent and warrant that:
11.1.1. 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 these data are accurate, up to date and relevant when disclosed;
11.1.2. before providing any such personal data to us, you acknowledge that you have read and understood our Privacy Policy, a copy of which is available here: 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 the individual with a copy of, or directed the individual towards a webpage containing that Privacy Policy (as amended from time to time); and
11.1.3. if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide updated copies of the Privacy Policy to or redirect towards a webpage containing the updated Privacy Policy, any individual whose personal data you have provided to us.
11.2. When you start to use Services, Cuverse will collect and process your personal data. The very fact of Service usage is a legal ground for Cuverse to collect and to process your personal data, because Cuverse and you have entered into a contract. However, the contract is not the only reason for personal data collection and processing. While processing your personal data, Cuverse will rely on several other legal grounds, namely, legitimate interest, compliance with legal obligations, etc. For certain types of processing, Cuverse will need your consent and Cuverse will ask for your consent in a clear and transparent manner.
12. SECURITY
12.1. In order to access Cuverse Services, you will be required to create or will be given security details, including a username and password. You are responsible for keeping the electronic device through which you access Cuverse Services safe and maintaining adequate security and control of any and all security details that you use to access the Cuverse Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is both encrypted and password protected.
12.2. Any loss or compromise of your electronic device or your security details may result in unauthorized access to your Cuverse Account by third-parties and the loss or theft of any Digital Currency and/or funds held in your Cuverse Account and any associated accounts, including your linked account(s). You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others.
12.3.You should never allow remote access or share your computer screen with someone else when you are logged on to your Cuverse Account. Cuverse will never under any circumstances ask for your IDs, passwords, or 2-factor authentication codes or to screen share or otherwise seek to access your computer or account. You should not provide your details to any third party for the purposes of remotely accessing your account. Always log into your Cuverse Account through the Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
12.4. A User shall:
12.4.1. not disclose her/his account log-in and password (if any) to other persons or provide them for such persons otherwise;
12.4.2. not alienate her/his account for the benefit of other persons (by donating, selling, leasing, exchanging it, etc.);
12.4.3. not replace the data in his/her account with untrue, inaccurate, outdated data or data that misleads the Cuverse as to User’s identity, name, age, occupation, etc. for other reasons;
12.4.4. not use the Services for any illegal or unlawful purpose or any purpose prohibited in these Terms;
12.4.5. not try to obtain access to the account of another User or perform any acts from the account of another User, unless explicit authorization for such access is granted by a User;
12.4.6. not perform acts aimed to breach the normal functioning of the Service;
not disseminate, launch or use viruses, Trojan horses, and other harmful software (exe files, object codes in any form, etc.) within the Service;
12.4.7. not use automated programs (bots, robots, "spiders", scrapers, and other programs with similar functions) and scripts through its account and in particular, in the Service for the collection of the information about other Users or the Service in its entirety and for mass or targeted distribution (spam, etc.);
12.4.8. not use or develop any third-party applications that interact with the Services or other users’ content or information without written consent from Cuverse;
12.4.9. not probe, scan, or test the vulnerability of Cuverse Services or any system or network;
12.4.10. not override any security feature, or bypass or circumvent any access controls or use limits.
12.5. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials through no fault of Cuverse and/or failure to follow the requirements set out in this Section 12 or follow or act on any notices or alerts that we may send to you.
12.6. Cuverse is not liable 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 use care in reviewing messages purporting to originate from us.
12.7. If you suspect that your Cuverse 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 Cuverse (together a "Security Breach"), you must:
12.7.1. notify Cuverse Support as soon as possible by email free of charge at: support@cuverse.com
12.7.2. continue to provide accurate and up to date information throughout the duration of the Security Breach; and
12.7.3. you must take all steps that we reasonably require to reduce, manage, or report any Security Breach.
Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.
13. RESTRICTION OF ASSIGNMENT
13.1. A User will not assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without prior written consent from Cuverse. Any purported assignment or delegation by a User without the appropriate prior written consent of Cuverse will be null and void. Cuverse may assign these Terms or any rights hereunder without consent of a User.
14. SEVERABILITY
14.1. If any provision of these Terms shall be held to be invalid, illegal or unenforceable for any reason whatsoever: (a) the validity, legality and enforceability of the remaining provisions of these Terms (including, without limitation, each portion of any Section, paragraph or sentence of these Terms containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall not in any way be affected or impaired thereby and shall remain enforceable to the fullest extent permitted by law; (b) such provision or provisions shall be deemed reformed to the extent necessary to conform to applicable law and to give the maximum effect to the intent of the parties hereto; and (c) to the fullest extent possible, the provisions of these Terms (including, without limitation, each portion of any Section, paragraph or sentence of these Terms containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall be construed so as to give effect to the intent manifested thereby.
15. WAIVER OF RIGHTS
15.1. Any failure by Cuverse to exercise any of its respective rights, powers, or remedies under these Terms, or any delay by Cuverse in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by Cuverse does not prevent either from exercising any other rights, powers, or remedies.
16. INDEMNIFICATION
16.1. To the extent allowed by law, you agree to defend, indemnify and hold harmless Cuverse and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers from and against any claims, complaints, liabilities, damages, charges, losses, costs and expenses, including without limitation, reasonable attorney's fees and costs due to, arising out of or in any way connected with any of the following:
16.1.1. any misrepresentation made by you;
16.1.2. your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities;
16.1.3. your content;
16.1.4. your access to or use of the Services;
16.1.5. your breach of these Terms or any policies, additional agreements referred to herein.
17. THIRD-PARTY SERVICES AND CONTENT
17.1. If you use some service, feature, or functionality that is provided by a third party and made available through Cuverse Services (including Services Cuverse offers jointly with third parties), each party’s terms will govern the respective party’s relationship with you. Cuverse is not responsible or liable for a third party’s terms or actions.
17.2. Cuverse is not responsible or liable for a third party’s services that are provided beyond Cuverse Services by third parties who are unauthorized by Cuverse, but claim to be (for example, unofficial re-seller, etc.).
17.3. In using our Services, you may view content provided by third parties, including links to web pages of such parties, including, but not limited to Facebook and Twitter links ("Third-Party Content"). We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, are conducted at your own risk.
18. MISCELLANEOUS
18.1. None of the Parties to these Terms is an agent, attorney or other intermediary, representative of the other Party, none of the Parties to these Terms has the authority to act on behalf of the other Party, including, but not limited to performing any actions that create rights and/or obligations for the other Party unless otherwise set out herein.
18.2. Under these Terms the Parties act as independent counterparties. The establishment of these Terms does not intend to create a separate legal entity, partnership, joint venture or conduct joint activities with or without the union deposits.
18.3. These Terms are written in English. If any translated version of these Terms conflicts with the English version, the English version prevails.
18.4. In these Terms, except where the context otherwise requires:
18.4.1. headings are included in these Terms for convenience only;
18.4.2. a reference to clauses is a reference to clauses of these Terms;
18.4.3. words importing the singular include the plural and vice versa;
18.4.4. a reference to any law or enactment is to that law or enactment, as it may be applied, amended, or re-enacted from time to time and includes any legislation in any jurisdiction.
18.5. These Terms shall supersede any other arrangements between you and Cuverse, as well as all the prior versions of these Terms.
18.6. Cuverse shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond the reasonable control of Cuverse, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond the reasonable control of Cuverse (each referred to as a "Force Majeure Event").
19. CHANGES
19.1. Cuverse reserves the right to add or to remove features, products, or functionalities, and to suspend or stop the Services altogether. Cuverse may take any of these actions at any time, and if it does so, Cuverse may not provide a User with any notice beforehand.
Remember that you are using the Services at your own risk. If Cuverse decides to suspend or to stop its Services, Cuverse will not pay any compensation to you for cancelled Services.
19.2. Cuverse may change any of the terms and conditions contained in these Terms or any policy or guideline hereunder or referenced herein, at any time and at its sole discretion, for example, reflect changes to Cuverse Services. Cuverse will post notice about changes on this page or notify you about upcoming changes to these Terms in other way. Changes will not apply retroactively and will become effective no sooner than seven days after they are posted, except cases when law permits immediate effect of posted changes. Your continued use of the Services after the changes become effective constitutes your binding acceptance of such changes. Cuverse urges the User to view these Terms from time to time in order to make sure he/she is aware of the valid version of the Terms. The full text of these Terms can be freely accessed by the public.
20. CONTACT CUVERSE
20.1. Should you have any complaints, questions, or suggestions, do not hesitate to contact Cuverse using the following contact details:
E-mail: support@cuverse.com
21. DEFINITIONS
21.1. Customer Dashboard, Dashboard is a webpage, which is designed to manage Cuverse functions and Services, provide information required for usage of functions and Services. The Cuverse provides the Customer with access to the Dashboard after the Customer has been identified via the Cuverse Account.
21.2. Cuverse Account, Customer’s Personal Account, Customer's Account, Personal Account is a complex of information (accounting information) designed for Customer identification during service provision. Customer accounting information includes username (login), a password for access to the Dashboard (password) and ID number.
21.3. Customer’s Personal Account Balance is a record in the Dashboard, which shows financial arrangements between the Cuverse and the Customer. Customer's Personal Account Balance is to be increased by the amount of payments transferred by the Customer to Cuverse as the advance payment for functions and services performed by Cuverse in favor of the Customer, and to be decreased by the cost of functions and services selected, used and received by the Customer.
21.4. Bonus Balance is a record in the Dashboard, which shows arrangements between the Contractor and the Customer regarding the service. Service Bonus Balance is to be added by Cuverse based on promotional activities and transferring of compensation for breach of the service level. Service Bonus Balance is to be decreased by the cost of services performed by the Cuverse. The amount in the Service Bonus Balance cannot be returned and/or transferred to the Customer's Personal Account Balance.
21.5. Ticket System is the system of correspondence between the Customer and Cuverse by sending/receiving requests via an electronic form accessible at: https://cuverse.zendesk.com/
21.6. Additional Terms, Additional Terms of Use for Service are amendments to these Terms regarding the order of usage of a certain Service, including those which contain the conditions of agreements regarding the service provision level (SLA, Service Level Agreement). The Terms regulate all relations between the Customer and Cuverse, except those which are prescribed in the Additional Terms of Use for Service.
21.7. Data Center is a special building (room) for placement of the server and other hardware.
APPENDICES
Appendix 1: Prohibited use, prohibited business and conditional use.
1. You may not use your Cuverse Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Cuverse Services involves a Prohibited Use or have questions about how these requirements apply to you, please submit a support request at: support@cuverse.com.
By opening a Cuverse Account, you confirm that you will not use your Cuverse Account and/or any Cuverse Services to do any of the following:
1.1. Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, regulation, or sanctions programs administered in the countries where Cuverse conducts business, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information.
1.2. Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Site, other Cuverse Accounts, computer systems or networks connected to the Site, through password mining or any other means; use Cuverse Account information of another party to access or use the Site, except in the case of specific merchants and/or applications which are specifically authorized by a user to access such user's Cuverse Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of Cuverse.
1.3. Abuse Other Users: Interfere with another individual's or entity's access to or use of any Cuverse Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Site about others, including without limitation email addresses, without proper consent.
1.4. Fraud: Activity which operates to defraud Cuverse, Cuverse users, or any other person; provide any false, inaccurate, or misleading information to Cuverse.
1.5. Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance.
1.6. Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of Cuverse intellectual property, name, or logo, including use of Cuverse trade or service marks, without express consent from Cuverse or in a manner that otherwise harms Cuverse or the Cuverse brand; any action that implies an untrue endorsement by or affiliation with Cuverse.
2. In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from Cuverse Services ("Prohibited Businesses"). Most Prohibited Businesses categories are imposed by card network rules or the requirements of our banking providers or processors. The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Cuverse Services involves a Prohibited Business or have questions about how these requirements apply to you, please contact us at: support@cuverse.com.
By opening a Cuverse Account, you confirm that you will not use Cuverse Services in connection with any of following businesses, activities, practices, or items:
2.1. Investment and Credit Services: securities brokers; mortgage consulting or debt reduction services; credit counselling or repair; real estate opportunities; investment schemes;
2.2. Restricted Financial Services: check cashing, bail bonds; collections agencies;
2.3. Intellectual Property or Proprietary Rights Infringement: sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
2.4. Counterfeit or Unauthorized Goods: unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen;
2.5. Regulated Products and Services: marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials;
2.6. Drugs and Drug Paraphernalia: sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs;
2.7. Pseudo-Pharmaceuticals: pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body;
2.8. Substances designed to mimic illegal drugs: sale of a legal substance that delivers the same effect as an illegal drug (e.g. salvia);
2.9. Adult Content and Services: pornography and other obscene materials (including literature, imagery and other media); sites offering any sex-related services such as prostitution, escorts, pay-per view, adult live chat features;
2.10. Multi-level Marketing: pyramid schemes, network marketing, and referral marketing programs;
2.11. Unfair, predatory or deceptive practices: investment opportunities or other services that promise high rewards; sale or resale of a service without added benefits to the buyer; resale of government offerings without authorization or added value; sites that we determine at our sole discretion to be unfair, deceptive, or predatory towards consumers;
2.12. High-risk businesses: any businesses that we believe pose elevated financial risk, legal liability, or violates card network or bank policies.
3. Express written consent and approval from Cuverse must be obtained prior to using Cuverse Services for the following categories of business and/or use ("Conditional Uses"). Consent may be requested by contacting us at: support@cuverse.com.
Cuverse may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use Cuverse Services in connection with any of following businesses, activities, or practices:
3.1. Money Services: Money transmitters, Digital Currency transmitters; currency or Digital Currency exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the Cuverse Services;
3.2. Charities: Acceptance of donations for non-profit enterprises;
3.3. Games of Skill: Games which are not defined as gambling under these Terms or by law, but which require an entry fee and award a prize; and
3.4. Religious/Spiritual Organizations: Operation of a for-profit religious or spiritual organization.
Appendix 2: Verification procedures and limits
Cuverse uses multi-level systems and procedures to collect and verify information about you in order to protect Cuverse and the community from fraudulent users, and to keep appropriate records of Cuverse customers. Your access to one or more Cuverse Services, and limits including daily or weekly purchase limits, deposit, withdrawal limits, instant buy limits, Digital Currency Wallet transfer limits, and limits on transactions from a linked payment method may be based on the identifying information and/or proof of identity you provide to Cuverse.
Cuverse may require you to provide or verify additional information, or to wait for a certain amount of time after completion of a transaction before permitting you to use any Cuverse Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your identity verification level by visiting your account's ‘Profile’ page on the Site.
You may submit a request at support@cuverse.com to request larger limits. Cuverse will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and Cuverse does not guarantee that we will raise your limits.
Appendix 3: Communications
1. You agree and consent to receive all communications, agreements, documents, notices, and disclosures (collectively, "Communications") that we provide in connection with your Cuverse Account and your use of Cuverse Services electronically. Such Communications include:
1.1. terms of use and policies you agree to (e.g. the Terms and Privacy Policy), including updates to these agreements or policies;
1.2. account details, history, transaction receipts, confirmations, and any other account or transaction information;
1.3. legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
1.4. responses to claims or customer support inquiries filed in connection with your Cuverse Account.
We will provide these Cuverse Communications to you by posting them on the Cuverse website, emailing them to you at the primary email address listed in your Cuverse profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
2. You may withdraw your consent to receive Communications electronically by contacting us at: support@cuverse.com. If you fail to provide or withdraw your consent to receive Communications electronically, Cuverse reserves the right to immediately close your Cuverse Account or charge you additional fees for paper copies.
3. It is your responsibility to provide us with a true, accurate and complete email address and your contact information, and to keep such information up to date. You understand and agree that if Cuverse 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, Cuverse will be deemed to have provided the Communication to you.
You may update your information by logging into your account and visiting the Settings section or by contacting our support team at: support@cuverse.com.