Terms and Conditions
The following definitions apply in these conditions:
App: The Ebioro application(s).
Ebioro, we or us: Ebioro B.V.,a limited liability company (beslotenvennootschap met beperkteaansprakelijkheid) incorporated under the laws of The Netherlands, established in Amsterdam, registered under number 72588543.
Site: The website https://www.ebioro.com and/or such other websites that are operated by Ebioro from time to time.
Stellar, Stellar Network:A decentralized ledger system managed by the Stellar Development Foundation.
Stellar Lumen (XLM): The protocol token of the Stellar network.
Wallet: A non-custodial wallet software used for transactions on the Stellar network (non-custodial meaning that the cryptographic keys of the user are stored on the user’s own device).
2 TERMS OF SERVICE
- If you do not agree to the Terms of Service, we will not license the App or other parts of the Services to you and you must stop using the App, the Site and the Services now.
- If you are residing in a jurisdiction where it is prohibited by law to offer or use internet telephony or other parts of the Services which we provide, you may not use the Services in such jurisdiction.
- If you lose access to your Wallet, and you have not separately stored your Wallet recovery phrase, you acknowledge and agree that any cryptocurrency you have associated with that wallet will become inaccessible. All transaction requests are irreversible. Ebioro cannot retrieve your private keys or passwords if you lose or forget them and cannot guarantee transaction confirmation in the Stellar Networksince we do not have control over it.
- There is no warranty for the program, to the extent permitted by applicable law. Except when otherwise stated in writing the copyright holders and/or other parties provide the program “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with you. Should the program prove defective, you assume the cost of all the necessary serving, repair or correction.
2.1 Acceptance of the terms of services
You agree to be bound by the Terms of Service when you: (i) click accept in the sign-up flow or otherwise agree to the Terms of Service; or (ii) access the Site; or (ii) download an App to your mobile device ; or (iii) otherwise use the Services, as further described below or on the Site or in the App. If you do not agree to the Terms of Service, you may not activate or use the Services. Once accepted the Terms of Service constitute a binding agreement between you and Ebioro. In addition, by downloading the App from Appstore or Google Play you agree to the applicable terms of the license of Apple and Google which will bind you.
Ebioro may make changes to Terms of Service from time to time. Ebioro will publish the changes on the Site. The changes will be effective when published. Please review the Terms of Service on a regular basis. You understand and agree that your express acceptance of the amended Terms of Service, or if you continue to use the Services after the date of publication, shall constitute your agreement to the updated Terms of Service. You agree that if you do not accept any amendment to the Terms of Service then you shall immediately stop accessing and/or using the Site, App or any other part of the Services.
3 CRYTOCURRENCIES RISK FACTORS
Cryptocurrency assets are subject to high market risks and volatility.
By accessing this User Agreement or using the Services, you agree and understand that there are risks associated with utilizing Services involving virtual currencies including, but not limited to, the risk of failure of hardware, software and internet connections, the risk of failure to achieve a certain market value/price for any crypto asset issued on the Stellar Network, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within the Wallet, including, but not limited to your public and secret keys.
You agree and understand that Ebioro will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services.
You accept and acknowledge that there are risks associated with utilizing any virtual currency network, including, but not limited to, the risk of unknown vulnerabilities in or unanticipated changes to the network protocol. You acknowledge and accept that Ebioro has no control over the Stellar Network and will not be responsible for any harm occurring as a result of such risks, including, but not limited to, the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions.
Risk of loss in using Services involving XLM and cryptoassets may be substantial, and losses may occur over a short period of time. Price and liquidity of XLM and other cryptoassets issued of the Stellar Network are subject to significant fluctuations. Past performance is not indicative of future results and you are solely responsible for your actions on the Stellar Network. You must do your own research and use caution before engaging in crypto asset trading.
4 THE SERVICES
The Wallet is a non-custodial wallet provided to you by Ebioro. The Wallet acts as a user interface with the Stellar Network.Ebioro is an independent commercial entity unaffiliated with the Stellar Development Foundation. The Wallet allows you to make and receive payments to and from other accounts in the Stellar Network in XLM.
As a registered Ebioro customer you mayalso use our mobile top up service with your XLM balance.Through this service,you can transfer pre-paid airtime value to a pre-paid phone subscription account of an end-user in Cuba with certain mobile Cuban networks operators (the «Mobile Top Up Services»). Furthermore, you can transfer pre-paid internet access value to a pre-paid internet subscription account registered in Cuba (the “Nauta Services”).
All the services, products, features, functionalities and/or interactions as set forth in this document or presented on the Site or otherwise provided or made available to you by Ebioro from timetotime, as well as the App and the Site shall collectively be referred to in these Terms of Service as the «Services». The term Services shall also include any and all software and all types of codes (source code, binary code etc.), and any versions thereof, made available to you or otherwise used by Ebioro or you in relation to the use of the App or the Site or otherwise provided in relation to the provision of the Services (the “Software”).
4.1 Intellectual property rights, licenses etc.
In consideration of you agreeing to abide by the terms and condition of the Terms of Service, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the App, the Site and other parts of the Services provided or made available to you by Ebioro. You may download a copy of the App onto a device which you control and to view, use and display the App on the devices for your personal purposes only. We reserve all other rights.
Not limiting the aforesaid, in relation to the App, we license the use of the App to you on the basis of the Terms of Service and subject to any rules or policies applied by Apple Inc. and/or Google Inc., or any other entity within the Apple or Google group («Apple» and “Google”). We do not sell the App to you. Ebioro remains the owner of the App at all times.
You may not copy, modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the Software, the App, Site or, to the extent applicable, any other part of the Services (or permit or assist any third party in such activities). You must not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Software.
The Software may contain open source software. Any use, reproduction and distribution of components of the Software licensed under an open source software license is governed by the terms of such open source software license, however to the extent permissible thereunder and otherwise if applicable, the Terms of Service shall apply with priority over such open source software license.
You acknowledge that you have no right to have access to the App or other parts of the Services (where applicable) in source-code form.
All ownership and intellectual property rights in or to the Software, the App, the Site or, to the extent applicable, other parts of the Services and any copies and derivative works thereof (regardless of form or media in or on which the original or other copies may exist), including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall be owned by and vested in Ebioro, or Ebioro’s licensors, and nothing in these Terms of Service shall constitute or be interpreted as a transfer of any such rights from Ebioro to you or anyone else. You are, as stated above, solely entitled to the limited license to the Services specifically granted under this the Terms of Service. For the purpose of clarification; nothing in these Terms of Service give you a right to use any of Ebioro’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, except as may be contained in or otherwise used within the Services provided to you.
The licenses granted to you as described in this section will terminate automatically in the event of any termination of the Terms of Service. Furthermore, Ebioro has the right to, in its sole discretion, at any time remove any materials posted to the Site.
4.2 Use of the Services
You agree to use the Services only in such way that is permitted by the Terms of Service and to act in compliance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including without limitation any applicable export laws and regulations).
It is your responsibility to ensure that you are legally allowed to use the Services where you are located. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services.
You acknowledge and understand that the voice communication service provided by Ebioro is not a traditional telephone service or a replacement for your primary telephone service. Important distinctions (some, but not necessarily all, of whichare described in this Agreement) exist between the traditional telephone service and the voice communication service provided by Ebioro.
You acknowledge that the products, features or functions or other parts of the Services may change over time. Ebioro may without prior notice to you change the form and nature of the Services. This may inter alia lead to that future versions of the Software or the App may be incompatible with applications developed on or with previous versions. Furthermore, Ebioro may stop (permanently or temporarily) providing the Services to you or to users generally, at Ebioro’s sole discretion and without prior notice to you. Ebioro may make updates of the Software, the App or other parts of the Services at any time, but shall have no obligation what so ever to provide any such updates to you. It is your responsibility to use the latest available version of the Software, App or other parts of the Services (where applicable).
The Services are for your individual use. You shall not resell or commercialize the Services to any third party.
You agree that you are solely responsible (and that Ebioro has no responsibility to you or any other third party) for any data, content, or resources that you transmit by using the Services, and for the consequences of such actions (including any loss or damage which Ebioro or any third party may suffer).
4.3 Third party services
Our Services may contain links to third-party websites or services that are not owned or controlled by Ebioro. Additionally, our Service may allow you to interact directly with third-party services without leaving our website or mobile application
Ebiorohas no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Ebioro shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We reserve the right to terminate or suspend access to these third-party services immediately, without prior notice or liability, for any reason whatsoever.
You acknowledge and agree that:
- The Wallet is not an exchange
- Ebioro does not operate the Stellar Network
- Transactions on the Stellar Network are irreversible, and that the Wallet is unable to control the actions of others on the Stellar Network.
In relation to our Mobile Top Up and Nauta Services, you agree and acknowledge:
- Once thetop up transaction is completed, Ebioro has no control over the pre-paid airtime or internet value
- The terms and conditions of the recipients local mobile network operator will apply in respect of the end user’s consumption of such pre-paid values.
4.4 Your Account
In order to use the Services, you are required to register as a user with Ebioro. You agree to provide true, accurate, up-to-date and complete information in all fields indicated as mandatory when registering for the Services, as well as any additional information provided, or any amendments made by you. Subject to such registration you will receive access to your Ebioro account (the «Account»).
You are fully responsible towards Ebioro for all (including any fraudulent) use of the Services which is or can be connected to your Account.
4.5 Prohibited use and restrictions
You agree to use the Services only in such way that is permitted by the Terms of Service and to act in compliance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services. The list below provides examples of prohibited conduct and shall not be considered exhaustive. You may not and you agree not to:
- use the Services for any unlawful purpose, or in any manner inconsistent with the Terms of Service, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Services or any operating system;
- infringe Ebioro’s intellectual property rights or those of any third party in relation to your use of the Services (to the extent that such use is not licensed by these Terms of Service);
- transmit any communications that is defamatory, offensive or otherwise objectionable in relation to your use of Services;
- not use the Services for transmitting unsolicited communications (sometimes referred to as «spam»), or any communication not permitted by applicable law or use the Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
- not use the Services in a way that could damage, disable, overburden, impair or compromise Ebioro’s or any third party’s systems or security or interfere with other users;
- collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services;
- submit or post to the Site, or otherwise expose any third party to or use any material or content which infringe any third party’s intellectual property rights or violate the rights of any third party;
- submit or post to the Site, or otherwise expose any third party to any material or content which is illegal, offensive, indecent, harmful to minors, defamatory, racist, pornographic or otherwise, in Ebioro’s sole discretion, is objectionable;
- intercept or monitor, damage or modify any communication which is not intended for you;
- sell, assign, rent, lease, distribute, market, disclose, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to, the Services (or any part thereof);
- use the Services (or any part thereof) within or to provide commercial products or services to third parties (the foregoing shall not preclude you using the Services for your own business communications); and/or
- use the Account, Site, App, Software, or parts of the Services in any fraudulent way.
In relation to the Mobile Top Up Services, you acknowledge that there may be maximum thresholds for the aggregate value that you may transfer at any given point in time.
4.6 Submission of information to Ebioro
You agree that any comments, suggestions, feedback, documents, content or other material or information provided, shared, published by you in connection with the use of the Services or otherwise in your contacts with Ebioro (including but not limited to, the use of blogs, forums and support websites) is provided on a non-proprietary, non-exclusive and non-confidential basis. You grant Ebioro a royalty-free, world-wide, transferable, sub-licensable, perpetual and irrevocable license to use any such material or information. You acknowledge that you are responsible for whatever material or information is provided by you, including its legality, reliability, appropriateness, originality and copyright.
4.7 Disclosure of information
Ebioro reserves the right at all times to disclose any information as Ebioro deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in Ebioro’s sole discretion.
4.8 No warranties
You expressly acknowledge and agree that use of the Services are at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Services are provided «as is» and «as available», with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the Services or that the Services will be uninterrupted or error-free, or that defects in the Services will be corrected. No oral or written information or advice given by us shall create a warranty. Should the service cause any defects, you assume the entire cost of all necessary servicing, repair or correction. Additionally, you also understand that Ebioro cannot guarantee that information or communications transmitted in relation to the use of Services will not be subject to interception by law enforcement officials or other third parties.
4.9 Suspension and interruption of the Services
Ebioro has the right, without any liability, to refuse to provide, restrict, limit, change, remove, disable, suspend and/or interfere or interrupt the Services or any part thereof, at any time and without any prior notice to you, for the repair, improvement, and/or upgrade of the Service, or for any of the reasons for termination set forth in the Terms of Service, or any business reason.
4.10 Content of communication
The content of the communications made using the Services are entirely determined by the person from whom such content originates. You may therefore be exposed to content that is offensive, harmful, indecent or otherwise objectionable. Ebioro will not be liable for any type of communication spread by means of the Services.
Ebioro may assign all or part of the rights and/or obligations under the Terms of Service without notice to you. You may not assign any rights or obligations under the Terms of Service to any third party without the prior written consent of Ebioro.
5.2 Limitation of Liability
In no event shall Ebioro and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the Services, be liable for any consequential, indirect, special, punitive or incidental damages, or damages for loss of money, data, goodwill, reputation, business information or business profits, business interruption, or other pecuniary loss, that result from the use of or inability to use the Services or otherwise arise under the Terms of Service, even if it has been advised of the possibility of such damages.
In any event, and without limiting the generality of this Section to the extent permitted by law, you agree that Ebioro’s total aggregate liability to you for all damages and losses that arise in connection with the use of or inability to use the Services, or otherwise arise under the Terms of Service, shall not in any circumstance exceed the amount actually paid by you, if any, to us for the Services (including without limitation the Mobile Top Up Services) in the five (5) month period immediately prior to the date of the event giving rise to the relevant claim, subject to a maximum of five thousand (5 000) euros in all cases.
You agree to indemnify, defend and hold harmless Ebioro and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the Services, from any claim or demand or governmental investigation or enforcement action (including without limitation reasonable attorneys’ fees) made by any third party due to or arising out of your use of the Services (including without limitation posting and submitting of any material), your breach of the Terms of Service, or your violation of any rights of another person or entity.
5.4 Applicable law and competent court
The Terms of Service shall be governed by and construed in accordance with the laws of The Netherlands without giving effect to the conflict of laws or provisions of The Netherlands or your actual state or country of residence. Any dispute, controversy or claim arising out of or in relation to the Terms of Service, your relationship with Ebioro, including any non-contractual obligations, will be exclusively subject to the jurisdiction of the competent courts of The Netherlands. Notwithstanding the foregoing, Ebioro shall be entitled to bring actions for injunctive relief in any court of competent jurisdiction.
5.5 Entire Agreement
The Terms of Service represent the entire agreement between you and Ebioro relating to the use of the Site, Account and any other part of the Services, and supersedes all prior offers, understandings, agreements and representations with respect to the Service or any other subject matter covered by the Terms of Service. For the purpose of clarification, the Terms of Service supersede all promises made to you by our client services agents, representatives or employees. The Terms of Service may not be modified or amended except as described herein by Ebioro or otherwise with the written agreement of Ebioro.
If the competent court finds any provision of the Terms of Service to be invalid or unenforceable for any reason, the remainder of the Terms of Service shall continue in full force and effect.
Headings used in the Terms of Service are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.
5.7 Ability to Contract
You hereby affirm that you are fully able and competent to enter into the Terms and Conditions, and to abide by and comply with the Terms and Conditions.
5.8 Force Majeure
You acknowledge and agree that if Ebioro is unable to provide the Services as a result of a force majeure event, Ebioro will not be in breach of any of its obligations towards you under the Terms of Service or otherwise. A force majeure event means any event beyond the control of Ebioro.
5.9 Communication between us
If you wish to contact Ebioro, or if any condition in the Terms of Service requires you to give us notice in writing, you can send this to us by e-mail to email@example.com.
Ebioro may, when sending any notices to you, use your email address or mobile number stated in the Account, the Site or other parts of the Services, or otherwise presented to us in your contacts with Ebioro.
You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the delivery of notices, policies and changes thereto and records of transactions with Ebioro.