Terms of Service
Last updated: October 5, 2022
This is an Agreement is between you and:
Ebioro (“Ebioro UAB”) (registration number 305994333) a limited liability company having its registered office at Laisves pr. 60, Vilnius, Lithuania. Ebioro is registered in accordance with the applicable laws of the Republic of Lithuania as virtual currency depository wallet operator and virtual currency exchange operator
1.1 In this document, references to Ebioro/we/our/us s to Ebioro UAB. Any references to Customer/you/your are references to you as a customer of Ebioro and user of our services. Any references to the “Services” includes websites, APIs, or mobile applications.
1.3 PLEASE READ THIS USER AGREEMENT CAREFULLY. IF YOU ARE LOCATED IN CERTAIN JURISDICTIONS, YOU AGREE THAT DISPUTES BETWEEN YOU AND Ebioro WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1.4 Use of cryptocurrency may be illegal in some jurisdictions. It is your responsibility to know the regulatory requirements concerning transactions with cryptocurrency in your jurisdiction before using the Services.
• BOL: The Bank of Lithuania
• FICS – The Financial Crime Investigation Services under the Ministry of the Interior of the Republic of Lithuania.
• FATF: The Financial Action Task Force
• Account: the digital file which provides Users with one or more cryptographic private and public key pairs on the Stellar Network and a graphical interface to allow Users to view information about their Stellar Network account and generate, sign, and submit transactions on the Stellar Network.
• Anchor: a participant on the Stellar Network that issues Stablecoins or other Digital Assets on the Stellar Network and offers eligible persons the ability to exchange fiat currency or other real-life assets against Digital Assets or to exchange Digital Assets against fiat currency or other real-life assets.
• Stellar Network: a distributed ledger network powered by open-source protocol, the reference implementation for which is found here: https://github.com/stellar/stellar-core.
• Stellar Network DEX: The Stellar Network has a built-in decentralized exchange trading protocol (the “DEX”), the developer guide for which is published here: https://www.stellar.org/developers/guides/concepts/exchange.html. This means that, in addition to tracking an account holder’s digital asset balances on the Stellar Network, an account on the Stellar Network also stores such account holder’s bids and asks among all digital asset pairs on the network. The DEX programmatically matches bids and asks to facilitate peer-to-peer exchanges.
• Third Party Service Provider(s): other World Wide Web or accessible websites, applications, content, or resources.
• Key Recovery Services: a service that dispenses Digital Asset public and private keys to requesters for use as backup keys in MultiSig Wallets, as further set out under Ebioro Wallet credentials and Key Recovery Services.
By using the Services, you represent and warrant that you:
• Are 18 years of age or older. Have the capacity to enter into this Agreement and agree to be legally bound by the terms and conditions of this Agreement, as amended from time to time; are not barred from using the Services under any applicable law.
• Are not located in, under the control of, or a national or resident of any country that have been designated as high-risk jurisdictions and jurisdictions under increased monitoring by the FATF. At the time of these General Terms and Conditions the most recent designation can be found here:
o High-risk jurisdictions (March 2020): Democratic People’s Republic of Korea, Iran (https://www.fatf-gafi.org/publications/high-risk-and-other-monitored-jurisdictions/documents/call-for-action-march-2022.html)
o Jurisdictions under increased monitoring (March 2020): Albania, Barbados, Burkina, Faso, Cambodia, Cayman Islands, Haiti, Jamaica, Jordan, Mali, Malta, Morocco, Myanmar, Nicaragua, Pakistan, Panama, Philippines, Senegal, South Sudan, Syria, Turkey, Uganda, United Arab Emirates, Yemen( https://www.fatf-gafi.org/publications/high-risk-and-other-monitored-jurisdictions/documents/increased-monitoring-march-2022.html)
• Are not identified as a Specially Designated National (“SDN”) by the U.S. Department of the Treasury Office of Foreign Assets Control (“OFAC”)
• Are not included on any of the following sanction lists:
o United Nations Security Council (https://www.un.org/securitycouncil/content/un-sc-consolidated-list)
o The European Union (https://sanctionsmap.eu/#/main)
o Specially Designated National (“SDN”) maintained by the US Department of the Treasury Office of Foreign Assets Control (“OFAC”) or on the or placed on the U.S. Department of Commerce’s Denied Persons List; (https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists)
• Are either (a) using the Services only for your own personal use, or (b) using the Services for another entity with authorization from such entity, and you have authority to agree to and do agree to the terms of this Agreement on behalf of such entity; and
• You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations in your usage of the Services.
• If you do not meet all these requirements, you must not access or use the Services.
1.3 Identity Verification
AFTER REGISTRATION, YOU MUST ENSURE THAT THE INFORMATION IS TRUE, COMPLETE, AND TIMELY UPDATED WHEN CHANGED. IF THERE ARE ANY GROUNDS FOR BELIEVING THAT ANY OF THE INFORMATION YOU PROVIDED IS INCORRECT, FALSE, OUTDATED OR INCOMPLETE, EBIORO RESERVES THE RIGHT TO SEND YOU A NOTICE TO DEMAND CORRECTION, DIRECTLY DELETE THE RELEVANT INFORMATION, AND, AS THE CASE MAY BE, TERMINATE ALL OR PART OF EBIORO SERVICES WE PROVIDE FOR YOU. IF WE ARE UNABLE TO REACH YOU WITH THE CONTACT INFORMATION YOU PROVIDED, YOU SHALL BE FULLY LIABLE FOR ANY LOSS OR EXPENSE CAUSED TO EBIORO DURING YOUR USE OF EBIORO SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE THE OBLIGATION TO UPDATE ALL THE INFORMATION IF THERE IS ANY CHANGE.BY REGISTERING AN ACCOUNT, YOU HEREBY AUTHORIZE EBIORO TO CONDUCT INVESTIGATIONS THAT EBIORO CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR EBIORO FROM FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE NECESSARY ACTIONS BASED ON THE RESULTS OF SUCH INVESTIGATIONS. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT BUREAUS AND AGENCIES FOR FRAUD PREVENTION OR FINANCIAL CRIME PREVENTION, WHICH MAY RESPOND TO OUR INVESTIGATIONS IN FULL.
We may modify this Agreement at any time, and such modification will be effective immediately upon posting of the modified Agreement to the Site. Your continued use of our Services following the posting of the revised Agreement means that you accept and agree to the revised terms.
1.5 Registration of an Ebioro Account
You must register for an Ebioro account to use the Ebioro Services (a “Ebioro Account”). By using an Ebioro Account, you agree that you will use the Services only for yourself, and not on behalf of any third party, unless you have obtained prior approval from Ebioro. During registration for your Ebioro Account, you agree to provide us with the information we request for the purposes of identity verification and the detection of fraud, and you permit us to keep a record of such information. Your access to one or more Services may be contingent on your ability to successfully satisfy our onboarding requirements, including providing any additional information we may request from time to time. We reserve the right to suspend or terminate your Ebioro Account if you provide inaccurate, untrue, or incomplete information, if your account is reasonably suspected of activity that violates this Agreement, or if you fail to comply with the account registration requirements. You agree that you won’t disclose your Ebioro Account credentials to anyone, and that you will notify us immediately of any unauthorized use of your Ebioro Account. You are responsible for all activities that occur under your Ebioro Account, whether or not you know about them. We may, in our sole discretion, refuse to open an Ebioro Account, or limit the number of Ebioro Accounts that you may hold, or limit your ability to access or use certain Services.
To access the Ebioro Services, you must have the necessary equipment (such as a smartphone or laptop) and the associated telecommunication service subscriptions to access the Internet. The Services can be accessed directly using the Ebioro Site. Although we strive to provide you with excellent service, we do not represent that the Ebioro Site or Services will be available without interruption. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including without limitation: (i) equipment or technology malfunctions; (ii) periodic maintenance procedures or repairs which Ebioro may undertake from time to time; or (iii) causes beyond the control of Ebioro or which are not reasonably foreseeable by Ebioro. If for any reason the Services are inaccessible or inoperable, you agree to hold harmless Ebioro for any impact this inaccessibility or inoperability may have upon you or your use of the Services.
2.1 Ebioro wallet
In connection with an Ebioro Account, Ebioro will provide you with an account featuring one or more cryptographic private and public key pairs on the “Stellar Network and a graphical user interface to allow you to view information about your Stellar Network account and generate, sign, and submit transactions to the Stellar Network (the “Ebioro Wallet”). The Stellar Network is not a part of the Services defined herein, however, the Ebioro Wallet will enable you to undertake certain actions and activities on the Stellar Network. An account on the Stellar Network enables the account holder to hold and transfer digital asset balances, undertake certain transactions, interact with smart contracts, and otherwise transact through the Stellar Network. Activities on the Stellar Network are powered by a network of independent servers and are not controlled by us or any other single entity. We do not and cannot guarantee the successful operation, up-time, security, or functioning of the Stellar Network. “Lumens” (sometimes referred to as “XLM”) are the native digital asset of the Stellar Network and are used to submit operations, create accounts, and serve as a bridge currency between different assets. Since we do not control the Stellar Network and cannot control activity and data on the network, we cannot control the activities of you or third parties who may develop or transact on the network, validate transactions on the network, or use the network. We cannot prevent, erase, reverse, hide, fix, or otherwise change any transaction submitted on the Stellar Network. All activity and data on the Stellar Network are permanent and public.
2.2 Use of the Stellar Network
You agree and acknowledge that any access or use by you of the Stellar Network is made solely at your own risk and that we bear no responsibility or liability for your use of the Stellar Network, including, without limitation, for any harm, loss, or damages arising from transactions sent to wrong Stellar addresses, incorrectly constructed transactions, software and network problems, technical failures, unauthorized access to any accounts, legal and regulatory matters and consequences, or fraud conducted by third parties. Additionally, you agree and acknowledge that you will not, in connection with our Services, use the Stellar Network: (i) in a manner that violates any local, or international law or regulation; (ii) to fund terrorism or other criminal activity; (iii) to circumvent any export restrictions or economic sanctions; or (iv) to engage in unlawful money transmission, currency exchanging, or money laundering.
2.3 Digital Assets
The Ebioro Wallet enables you to store, view, transfer, and otherwise interact with your digital assets on the Stellar Network. However, we cannot and do not guarantee that the Ebioro Wallet and its related applications will display all digital assets capable of being held in an account on the Stellar Network. In providing the Ebioro Wallet, Ebioro retains the sole right to select which digital assets from the Stellar Network will be displayed to you via the Services. Although it serves as the native digital asset on the Stellar Network, neither XLM nor any other digital asset held in your Ebioro Wallet is legal tender, backed by any government, or subject to protections or insurance.
The fiat value of XLM or other digital assets held in your Ebioro Wallet may be highly volatile and may lose all value, even if such digital assets purport to track the value of real-world currency. Ebioro does not control, and is not responsible for, the value of any digital assets held in your Ebioro Wallet and makes no representation, warranty, guarantee, or recommendation, express or implied, of its value. You agree to conduct independent due diligence on any digital asset you may acquire using the Ebioro Wallet and agree and acknowledge that any purchase of digital assets by you or on your behalf is made voluntarily, willfully, and exclusively at your own risk. We may impose limits on the total value of digital assets you may hold in your Ebioro Wallet at any time. When such limits are imposed, the quantity and value of your digital asset holdings in the Stellar account associated with your Ebioro Wallet may differ from that which is displayed on the Ebioro Wallet interface.
2.4 Ebioro wallet credentials
When creating an Ebioro Wallet, the Services generate cryptographic private and public key pairs which will comprise your account on the Stellar Network. When setting up your Ebioro Account you must also enroll in the “Key Recovery Services.” With the Key Recovery Services, each Ebioro Wallet is provisioned with three associated private keys with the following weights: (i) your private key, which is encrypted and stored locally on your phone, will possess a weight of twenty (“User Key”) (ii) a private key stored by Ebioro, with a weight of ten (“Recovery Key A”); and (iii) a private key stored by a key recovery service provider (a “KRSP”), with a weight of ten (“Recovery Key B”). As such, by using the Ebioro Wallet, you agree to create a separate account with, and to be bound by the terms and conditions of, the applicable KRSP. Recovery Key A and Recovery Key B are for use exclusively in connection with the Key Recovery Services facilitated by a KRSP, as described below. You acknowledge that Ebioro only controls one of the private keys for your account on the Stellar Network, and that we do not possess sufficient credentials to take any unilateral action with respect to such account or any balances reflected in such account. We will never take action to recover your account unless we receive a request for action that we reasonably believe was submitted by you and has been confirmed by a phone number or email that you have previously linked to your account. You agree to store, outside of the services, a backup of your User Key and all related Ebioro Wallet credentials, including any passphrases, mnemonic phrases, identifiers, backup phrases, private keys, and network addresses. If you do not maintain a backup of your User Key and Ebioro Wallet data outside of the Services, you will not be able to access the digital asset balance associated with your Ebioro Wallet account on the Stellar Network in the event that Services or the Ebioro Wallet are disrupted or we discontinue or no longer offer some or all of the Services. The Key Recovery Services are provided at our discretion and should not be relied upon for recovery of funds. You acknowledge and agree that the Key Recovery Services may not function reliably, accurately, securely, or effectively, and that we or a KRSP may lose or otherwise be unable to provide or use Recovery Key A or Recovery B at any time for any reason. We will not maintain nor are we responsible for maintaining any data on your behalf. You agree and acknowledge that you are solely responsible for the secure storage of any digital assets in your Ebioro Wallet, your User Key, and any other related private keys in your possession. You agree that in no event will Ebioro be liable for the security or control of any digital assets, User Keys, recovery keys, or other credentials held in or related to the Ebioro Wallet
2.5 Ebioro Wallet Transactions
The Ebioro Wallet provides an interface that enables you to automatically generate, sign, and submit transactions to the Stellar Network simply by using the buttons, links, and other features provided within the Ebioro Wallet. The Ebioro Wallet will use the private key information contained locally on your device to sign the transactions you initiate via the Ebioro Wallet.In order to conduct any transaction on the Stellar Network via the Ebioro Wallet, the transaction must: (i) contain sufficient network transaction fees – denominated in XLM – for the Stellar Network to process the transaction, and (ii) be signed by private key or keys with a total weight of twenty. As such, you may conduct any transactions from the Ebioro Wallet solely by use of your User Key, since your User Key possesses a weight of twenty. Neither Ebioro nor any KRSP may unilaterally conduct any transactions associated with the Ebioro Wallet, since the Recovery Keys each possess a weight of only ten. Once a Ebioro Wallet transaction has been signed by a key weight of twenty and submitted to the Stellar Network for confirmation, you cannot cancel, reverse, or change the transaction. The transaction may be suspended, delayed, redirected, reversed, or canceled at any time for any reason or no reason by the Stellar Network, and Ebioro will bear no responsibility or liability resulting from any such suspension, delay, redirect, reversal, or cancellation.
Ebioro currently provides each Ebioro Wallet with sufficient XLM to cover Stellar Network transaction fees for transactions initiated via the Ebioro Wallet and the minimum reserves necessary for maintaining and adding trustlines or signers to the Stellar Network account tied to your Ebioro Account (“XLM Reserve”). However, in the future we may no longer do so, in which case you will be responsible for such Stellar Network transaction fees and the minimum reserves. The XLM Reserve may only be used to maintain the existence and functionality of the Stellar Network account associated with your Ebioro Account and may not be used for any other purpose, extracted from such Stellar Network account, or merged into another account. The Ebioro Wallet itself does not currently charge a fee for the Services or any transactions you may conduct via the Services, however, we reserve the right to do so in the future, and in such case we will display to you any applicable fees prior to you incurring the fee. The issuers of non-XLM digital assets that you may use in connection with the Ebioro Wallet may charge fees for deposit, withdrawal, or other services.
3 REPRESENTATIONS, WARRANTIES, AND RISKS
3.1 Warranty disclaimer
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ALL SUBPARTS THEREOF, INCLUDING ALL TOOLS, APPLICATIONS, AND OTHER CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Ebioro SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT AS TO THE SERVICES AND THE INFORMATION, CONTENT, TOOLS, AND MATERIALS CONTAINED THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Ebioro DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT (I) ACCESS TO THE SERVICES OR ANY PART THEREOF WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) THAT THE SERVICES OR ANY MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, OR CURRENT; (III) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THAT THE SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, NEEDS, OR EXPECTATIONS. ADDITIONALLY, Ebioro DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LEGALITY OF THE SERVICES FOR ANY USE CASE, OR THAT THE SERVICES MAY MEET ANY REGULATORY AND COMPLIANCE NEEDS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING AND COMPLYING WITH ALL APPLICABLE LEGAL AND REGULATORY RESTRICTIONS, REPORTING OBLIGATIONS AND OTHER REQUIREMENTS THAT MAY GOVERN YOUR USE OF THE SERVICES. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR ACCESS AND USE OF THE SERVICES. Ebioro IS NOT ACTING AND CANNOT ACT AS YOUR ADVISOR WITH RESPECT TO ANY FINANCIAL, LEGAL, INVESTMENT, OR TAX MATTERS. ANY INFORMATION PROVIDED BY THE COMPANY IS FOR GENERAL INFORMATION ONLY, AND YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER OR NOT TO USE THE SERVICES. YOU ACKNOWLEDGE THAT THE SERVICE MAY BE SUBJECT TO EXPORT RESTRICTIONS AND ECONOMIC SANCTIONS IMPOSED BY EUROPEAN LAW.
3.2 Technology Disclosures and Disclaimers
WITHOUT LIMITING THE GENERALITY OF SECTION 3.1: YOU ACKNOWLEDGE THAT THE STELLAR NETWORK IS A DECENTRALIZED NETWORK THAT IS NOT OPERATED OR CONTROLLED BY EBIORO, THE STELLAR DEVELOPMENT FOUNDATION, OR ANY THIRD PARTY ENTITY. NO ENTITY CONTROLS THE FUNCTIONALITY OR ACTIVITY OF THE STELLAR NETWORK OR THE VALUE OR ACTIVITY OF XLM. ALL TECHNOLOGY, SERVICES, AND INFORMATION RELATED TO THE STELLAR SOFTWARE AND THE STELLAR NETWORK ARE PROVIDED ON AN “AS IS” BASIS. EBIORO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, SERVICE LEVELS, AND INDEMNITIES, EXPRESS OR IMPLIED, RELATED TO THE STELLAR NETWORK, STELLAR SOFTWARE, DIGITAL ASSETS, AND XLM, INCLUDING ANY FAILURE OF THE STELLAR NETWORK, ANY LOSS OF VALUE OR ACCESS RELATED TO XLM OR OTHER DIGITAL ASSETS, OR ANY TECHNOLOGICAL DISRUPTIONS OR FAILURES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
3.3 Regulatory Disclosures and Disclaimers
You acknowledge that: (i) Ebioro does not offer securities-related services; (ii) Ebioro does not possess sufficient credentials to conduct transactions from any User’s Ebioro Wallet, whether denominated in XLM or any other digital asset; (iii) Ebioro does not provide investment, financial, tax, or legal advice. The information and applications provided in connection with the Services does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and should not be treated by any user as such. Ebioro makes no recommendation, and does not provide any advice about, the value of XLM or any other digital asset. Additionally, Ebioro and digital assets using the Stellar Network could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of Ebioro to continue to develop, or which could impede or limit your ability to access or use the Services or the Stellar Network.
You agree to defend, indemnify, and hold harmless Ebioro, its independent contractors, service providers, advisors, and consultants, and their respective directors, employees, and agents (altogether, the “Indemnitees”), from and against any Claims, damages, costs, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or related to: (i) your use of the Services; (ii) your violation of the terms of this Agreement; (iii) your violation of any rights of another; (iv) your conduct in connection with the Services; or (v) your use of the Stellar Network, XLM, or any other digital asset. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify any of the Indemnitees, we reserve the right, in our sole discretion, to control any action or proceeding and to determine whether to settle and on what terms.
5 Limitation on liability
YOU AGREE THAT IN NO EVENT WILL YOU SEEK TO HOLD Ebioro, NOR WILL Ebioro BE LIABLE FOR, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SERVICES, THE STELLAR NETWORK, THE EBIORO WALLET, OR ANY DIGITAL ASSETS ASSOCIATED WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SERVICES; THE SECURE STORAGE OF YOUR PRIVATE USER KEYS OR OTHER RELEVANT CREDENTIALS; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SERVICES; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICES; ANY ACTIVITIES OR COMMUNICATIONS OF THIRD PARTIES; ANY LOSS OF VALUE FOR ANY DIGITAL ASSET; OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT EBIORO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON EBIORO OR THE SERVICES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.IF YOU ARE DISSATISFIED WITH THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY WILL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
6 Intellectual Property
6.1 Our Proprietary Rights
All title, ownership and intellectual property rights in and to the Services are owned by Ebioro or its licensors. You acknowledge and agree that the Services (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are protected by copyright, trademark, and other intellectual property rights and laws of the European Union and other applicable countries. You agree to abide by all applicable proprietary rights and laws, as well as any trademark or copyright notices or restrictions contained in this Agreement. These Terms of Service permit you to use the Services for your personal, non-commercial use only. Unless otherwise expressly indicated, you are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the Services for commercial or public purposes without our express authorization or as expressly permitted by applicable copyright or trademark law
Ebioro UAB., its logos, and any related product or service names, logos, or slogans, including, without limitation, the “Ebioro” name and design, contained herein are trademarks or service marks of Ebioro and may not be copied, imitated, or used, in whole or in part, except as expressly permitted in this Agreement or with the prior written permission of Ebioro. All other trademarks, names, or logos mentioned in connection with the Services are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the written permission of the applicable trademark holder. The inclusion of any such reference does not constitute an approval, endorsement, or recommendation by us.
6.3 Limited license
We grant you a limited, nonexclusive, nontransferable license to access and use the Services, Ebioro Site, and related content, materials, and information (collectively, “Content”) solely for purpose approved by Ebioro from time to time. Any other use of the Content is expressly prohibited and all other right, title, and interest in the Content is exclusively the property of Ebioro or its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part without the prior written consent of Ebioro. The Ebioro software application, including without limitation the Ebioro Site, the Content, and the Services, are not sold or transferred to you, and Ebioro and its licensors retain ownership of all copies of the software applications even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices. You agree to abide by our user guidelines and not to use the Services or any part thereof in any manner not expressly permitted by this Agreement. Except for the rights expressly granted to you in this Agreement, Ebioro grants no right, title, or interest to you in the Ebioro Site, the Content, or the Services. Notwithstanding anything herein to the contrary, nothing in the Terms entitles you to use, copy, fork, modify or create derivative works based on the Ebioro Site’s source code for commercial purposes without our prior written consent.
We welcome your feedback, comments, ideas, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected] You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
7 Prohibited activities
You agree that you will use the Services only for lawful purposes and in accordance with the terms of this Agreement and any user guidelines. It is your responsibility to determine whether you are subject to laws specific to your jurisdiction or otherwise that apply to and/or restrict your use of the Services, including transactions involving the Stellar Network, the DEX or any Anchor or KRSP including but not limited to any restricted activities, registration or reporting obligations. You agree that you are solely responsible for any and all acts and omissions that occur with regard to your use of the Services, and you agree not to engage in prohibited use of the Services. You will not, under any circumstances, do any of the following:
i. use the Services to defraud, threaten, harass, stalk, spam, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
ii. act, or fail to act, in your use of Services, in a manner that violates any applicable local, or international law or regulation;
iii. provide false, inaccurate, or misleading information;
iv. send, upload, download, or knowingly receive, use, or re-use any material which, in Ebioro’s discretion, is abusive, inappropriate or otherwise does not comply with the terms of this Agreement;
v. scrape or collect information from the Services, including about others, without prior consent from us;
vi. attempt to disrupt, interfere, damage, or gain unauthorized access to any parts of the Services or any other computer network, server, computer, or database connected to the Services, including without limitation the Stellar Network;
vii. impersonate or attempt to impersonate another person or entity including another user, Ebioro, a Ebioro employee, contractor, or director.
viii. disseminate, store, or transmit viruses, scareware, Trojan horses, or other malicious code or program;
ix. use the Services to engage in or support any phishing, spoofing, or similar attack;
x. use the Services to engage in or support fraudulent, unlawful, or x activity;
xi. engage in any abusive conduct including but not limited to farming of accounts or XLM;
xii. engage in any disruptive behavior or conduct that restricts or inhibits anyone’s use or enjoyment of the Services; or
xiii. or engage in any other activity deemed by Ebioro to be in conflict with the spirit or intent of the terms of this Agreement or that, as determined by us, may harm Ebioro or users of the Services, or may expose them to liability
9 Governing Law
The Terms, and your relationship with Ebioro under the Terms, shall be governed by the laws of Lithuania, without regard to conflict of law provisions. Any disputes related to this User Agreement or Ebioro Services shall be heard in the courts of Lithuania.