Terms of Use

Last Modified: September 19, 2022

ACCEPTANCE OF THE TERMS OF USE

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), are entered into by and between you (the “End User,” “Licensee,” or “you”) and Freeda, Inc. (the “Website,” “Freeda.io” “we”, “us” “our” “Company”). These Terms of Use govern your access to and use of our website, any of its subdomains, and any other content, functionality, products or services provided by us (collectively the “Services”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

The Services are offered and available to users who are 18 years of age or older and reside in selected portions of the United States. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all the foregoing eligibility requirements. If you are accepting these Terms of Use and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to this these Terms of Use. By accessing our Services, you agree that you have read, understood and accepted these Terms of Use. If you do not meet all of these requirements, you must not access or use the Services.
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CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the change is posted by us.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
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ACCESSING THE SERVICES AND ACCOUNT SECURITY

We reserve the right to shut down or modify the Services, and any service or material we provide via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some of the Services, or all of them, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Services, ensuring that all persons who access the Services through your Internet connection are aware of these Terms of Use and complying with them.

To access the Services or any of the resources they offer, you may be asked to provide certain personal information as required by law. It is a condition of your use of the Services that all the information you provide to us is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features available as part of the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
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CRYPTOCURRENCY USAGE

No Solicitation or Advice

None of the information contained on the Website, Freeda Wallet or Freeda Kiosks constitutes a recommendation, solicitation or offer to buy or sell any securities, options or other financial instruments or other assets or provide any investment advice or service. You acknowledge that you are not relying on the Company or any of its affiliates, officers, directors, partners, agents or employees in making an investment decision. Always consider seeking the advice of a qualified professional before making decisions regarding your business and/or investments. The Company does not endorse any investments and shall not be responsible in any way for any transactions you enter into with other Users. You agree that the Company and its affiliates, officers, directors, partners, agents or employees will not be liable for any loss or damages of any sort incurred as a result of any interactions between you and other users.

Conversion Services

Eligible users in certain jurisdictions may buy or sell supported cryptocurrency through the Conversion Services. The Conversion Services are subject to the Company "Conversion Rate" for the given transaction. "Conversion Rate" means the price of a given supported cryptocurrency amount in terms of Fiat Currency or other cryptocurrency as quoted on the Website, Freeda Wallet, or by OTC Desk email address. The Conversion Rate is stated either as a "Buy Price" or as a "Sell Price," which is the price in terms of Fiat Currency or cryptocurrency at which you may buy or sell supported cryptocurrency to Company. You acknowledge that the quoted Buy Price Conversion Rate may not be the same as the Sell Price Conversion Rate at any given time and that Company may add a margin or “spread” to the quoted Conversion Rate. You agree, as a condition of using any Company Conversion Services, to accept the Conversion Rate as the sole conversion metric. Company reserves the right to delay any Conversion Service transaction if it perceives a risk of fraud or illegal activity. Company does not guarantee the availability of its Conversion Service, and the act of purchasing supported cryptocurrency from Company does not result in a guarantee that you may sell your supported cryptocurrency to Company.

Information on the USA Patriot Act – Customer Identification Program

IMPORTANT INFORMATION ABOUT OPENING AN ACCOUNT

To help the government fight the funding of terrorism and money laundering activities, US Federal law requires all financial institutions to obtain, verify, and record information that identifies each person identified as a “customer”, who opens an account with Freeda. 

What this means for you:
If you are opening an account with Freeda, we will ask for your name, address, date of birth, social security number, and other information that will allow us to identify you. We may also ask to see a driver’s license, selfie, passport or other identifying documents.

Freeda Wallet and OTC

To use Freeda OTC and Freeda Wallet, you must download Freeda Wallet on the App Store or GooglePlay Store and go through verification. We offer two different transaction tiers.
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Transactions

Any Bitcoin amount purchased through Freeda Kiosk is deposited to Freeda Wallet off-blockchain with no miner fees.

All other cryptocurrency transactions, including deposits and withdrawals from Freeda Wallet, must be confirmed and recorded in the blockchain via a distributed consensus network (a peer-to-peer network), which is not owned, controlled, or operated by us. The Bitcoin blockchain is operated by a decentralized network of independent third parties. We have no control over the Bitcoin blockchain and therefore cannot and will not ensure that any transaction details you submit will be confirmed on the Bitcoin blockchain. You acknowledge and agree that the transaction details you submit may not be completed, or may be substantially delayed, by the Bitcoin blockchain.

No Cancellations or Modifications

Once transaction details have been submitted to the Bitcoin blockchain, there is no way to cancel or otherwise modify your transaction details. We have no control over the Bitcoin blockchain and do not have the ability to facilitate any cancellation or modification requests.

Freeda Wallet Insurance

‍FREEDA HAS PURCHASED INSURANCE WHICH INDEMNIFIES FREEDA SOLELY FOR LIABILITY RESULTING FROM A LICENSEE’S DIGITAL ASSETS (REFERRED TO AS CRYPTO CURRENCY IN SUCH INSURANCE POLICY) WHICH ARE STOLEN FOLLOWING AN EXTERNAL CYBER BREACH OF FREEDA CRYPTOCURRENCY VAULT (“FREEDA INSURANCE”).  

THE TOTAL AMOUNT (LIMIT) OF THE FREEDA INSURANCE COVERAGE IS $30,000,000 (USD) IN THE AGGREGATE, WHICH CAN BE EXHAUSTED ON A CLAIM FIRST MADE BASIS FOR ANY OR ALL FREEDA’S CUSTOMERS TO WHICH THE INSURANCE POLICY SHALL RESPOND; AND 

IN CASE MORE THAN ONE OF FREEDA’S CUSTOMERS CLAIMS STOLEN ASSETS SIMULTANEOUSLY, FOR WHICH FREEDA IS LEGALLY LIABLE, IN RELATION TO MULTIPLE INCIDENTS OR EVENTS WHICH ARE CONSIDERED A SINGLE INCIDENT OR EVENT FOR THE PURPOSES OF INSURANCE AND THE INSURANCE RESPONDS TO MORE THAN ONE CUSTOMER CLAIM, THEN THE INSURANCE COVERAGE FUNDS WILL BE DISTRIBUTED BY FREEDA OR THE INSURANCE CARRIERS, AMONG THE APPLICABLE FREEDA CUSTOMERS PER AN INSURANCE SETTLEMENT AGREEMENT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.  IF THE INSURANCE SETTLEMENT AGREEMENT DOES NOT ESTABLISH THE BASIS OF DISTRIBUTION OF INSURANCE COVERAGE FUNDS, FREEDA SHALL DISTRIBUTE THESE FUNDS IN CHRONOLOGICAL ORDER OF CLAIMS FIRST MADE BY THE LICENSEE TO FREEDA.

UNDER NO CIRCUMSTANCE WILL FREEDA OR THE INSURER BE LIABLE TO THEFT OR ANY OTHER DAMAGES RESULTING FROM FRAUD OR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LICENSEE’S EMPLOYEES OR FOR, INTRUSIONS TO THE LICENSEE’S SYSTEMS (WITHOUT INTRUSION TO FREEDA’S SERVICE).  

LICENSEE ACKNOWLEDGES THAT FREEDA INSURANCE DOES NOT PROVIDE ANY THIRD PARTY BENEFICIARY STATUS TO LICENSEES OR PROVIDE ANY RIGHTS TO FREEDA’S LICENSEES TO PURSUE ANY CLAIM DIRECTLY AGAINST THE INSURER. THIS CLAUSE DOES NOT REFLECT THE FULL TERMS, CONDITIONS AND LIMITATIONS OF THE INSURANCE. TO HAVE A FULL AND COMPLETE UNDERSTANDING OF THE COVERAGE, A COPY OF THE FULL TERMS AND CONDITIONS SHOULD BE READ. A COPY OF THE INSURANCE POLICY CAN BE PROVIDED UPON WRITTEN REQUEST. 

IF FREEDA INSURANCE DOES NOT RESPOND TO ANY CLAIM AGAINST FREEDA FOR DAMAGE TO A LICENSEE, FREEDA’S LIABILITY SHALL BE LIMITED AS STATED HEREUNDER;

NOTWITHSTANDING THE FOREGOING, EXCEPT FOR ANY DAMAGES RESULTING FROM ANY BREACH OF EITHER PARTY’S CONFIDENTIALITY OBLIGATIONS HEREIN, AND/OR LICENSEE'S MISAPPROPRIATION OR OTHERWISE VIOLATION OF FREEDA'S INTELLECTUAL PROPERTY RIGHTS (INCLUDING MISUSE OF THE LICENSE GRANTED HEREUNDER); NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, REPUTATION, OR PROFITS, DATA, OR DATA USE.
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TAXES

It is your responsibility to determine what, if any, taxes apply to the transactions for which you have submitted transaction details, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your Bitcoin transactions or for collecting, reporting, withholding, or remitting any taxes arising from any use of our services.
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TRADEMARKS

The Freeda name, the term “Freeda,” the Freeda logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of Freeda, Inc. All other names, logos, product and service names, designs and slogans appearing on the Services are the trademarks of their respective owners. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise appearing on the Services does not constitute or imply endorsement, sponsorship, or recommendation by us unless explicitly stated otherwise.

We encourage third-party developers to reach out to admin@freeda.io for all branding and licensing questions.
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PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services as follows:

·     In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
·     To exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
·     To knowingly assist, support, or facilitate advertising activities that violate any federal, state, local or international sex trafficking law. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of theServices, or expose them to liability.

Additionally, you agree not to:
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·     Use the Services in any manner that could disable, overburden, damage, or impair any part of the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
·     Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services. Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
·     Use any device, software or routine that interferes with the proper working of the Services.
·     Introduce any viruses, trojan horses, worms, logic bombs or other material to the Services which is malicious or technologically harmful.
·     Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, any user accounts on the Services, the server on which the Services are stored, or any server, computer or database connected to the Services. ·     Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
·     Otherwise attempt to interfere with the proper working of the Services.
·     Encourage or induce any third-party to engage in any of the activities prohibited above.
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RELIANCE ON INFORMATION POSTED

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregator sand/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
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CHANGES TO THE SERVICES

We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services maybe out of date at any given time, and we are under no obligation to update such material.
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INFORMATION ABOUT YOU AND YOUR USE OF SERVICES

All information we collect via the Services are subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with Privacy Policy.
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LINKING TO THE SERVICES AND SOCIAL MEDIA FEATURES

You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such away as to suggest any form of association, approval or endorsement on our part without our express written consent.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

·     Establish a link from any website or online service that is not owned by you.  
·     Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
·     Otherwise take any action with respect to the materials available on the Services that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice, in our discretion.
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LINKS FROM THE SERVICES

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
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GEOGRAPHIC RESTRICTIONS

The owner of the Services is based in the United States. We provide the Services for use only by persons located in certain states in the United States. We make no claims that the Services or their content is accessible or appropriate outside of United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
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DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

WE WILL ALSO NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY UNAUTHORIZED ACCESS BY A THIRD PARTY TO YOUR PRIVATE KEYS.

YOUR USE OF THE SERVICES, ITS CONTENT AND ANYTHING OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANYTHING OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT OR ANYTHING OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANYTHING OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

YOU ACCEPT AND ACKNOWLEDGE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING INTERNET-BASED BLOCKCHAIN ACCOUNT SERVICES INCLUDING, BUT NOT LIMITED TO, THE RISK OF FAILURE OF HARDWARE, SOFTWARE AND INTERNET CONNECTIONS, THE RISK OF MALICIOUS SOFTWARE INTRODUCTION, AND THE RISK THAT THIRD-PARTIES MAY OBTAIN UNAUTHORIZED ACCESS TO INFORMATION STORED WITHIN OR ASSOCIATED WITH YOUR ACCOUNT, INCLUDING, BUT NOT LIMITED TOYOUR PRIVATE KEY(S) (“PRIVATE KEY”). YOU ACCEPT AND ACKNOWLEDGE THAT WE WILL NOT BE RESPONSIBLE FOR ANY COMMUNICATION FAILURES, DISRUPTIONS, ERRORS,DISTORTIONS, OR DELAYS YOU MAY EXPERIENCE WHEN USING THE SERVICES, HOWEVER CAUSED.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM,ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT,INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUTNOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSSOF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OFUSE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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INDEMNIFICATION

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

These Terms of Use are governed by and construed in accordance with the internal laws of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Services shall be instituted exclusively in the federal courts of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
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ARBITRATION

At the Company’s sole discretion, it may require you to submit any disputes arising under these Terms of Use or from use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
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LIMITATION OF TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
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RELATIONSHIP

Nothing in these Terms of Use is intended to nor shall create any partnership, joint venture, agency, consultancy, or trusteeship, between you and us.
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WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
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ENTIRE AGREEMENT

These Terms of Use, our Privacy Policy and any applicable End User License Agreement constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representation sand warranties, both written and oral, with respect to the Services.
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YOUR COMMENTS AND CONCERNS

The Services are operated by Freeda, Inc.

All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to support@freeda.io