1. ACCEPTANCE OF TERMS
The Terms constitute a legally binding agreement between you and SOLWallet Services OU, which is a company incorporated under the laws of Estonia. For further information on SOLWallet Services OU and its operating subsidiaries, please see the solwallet.co.za website. For the purposes of these Terms, any reference to “we” “us” “our” “SOL” and/or any similar term shall be construed as reference to SOLWallet Services OU.
By registering for and opening a SOL Account, you unconditionally accept these Terms and agree to be bound by and act in accordance with them. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in which you live that may be applicable to your use of the SOL Platform and/or your SOL Account, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.
Please read these Terms carefully before using the SOL Platform because they affect your legal rights and obligations.
2. BETA TESTING DISCLAIMER
The products and services provided under this agreement (including but not limited to SOL Platform, SOL Account, and SOL Wallet) are provided “as is” and for the purpose of testing and providing feedback. SOL makes no representations or warranties, express or implied, regarding the beta product(s), including any representation that the services thereunder will be uninterrupted or error-free. to the fullest extent permitted under applicable law, SOL disclaims any implied or statutory warranty, including any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose in respect of the beta product(s). for the avoidance of doubt, all beta product(s) are prelease, are expected to contain defects which may be material, and are not expected to operate at the level of performance or compatibility of a final, generally available product offering. beta product(s) may not operate accurately and may be substantially modified prior to public availability or withdrawn at any time. accordingly, access to and use of the beta product(s) is entirely at customer’s own risk. in no event shall SOL be liable for any damage whatsoever arising out of the use of or inability to use the beta product(s), even if SOL has been advised of the possibility of such damages. you are advised to safeguard important data, to use caution and not to rely in any way on the correct functioning or performance of any beta product.
Customer agrees to indemnify and hold SOL, its officers, directors and employees harmless from any losses (including attorneys’ fees) that result from any third party claims related to Customer’s (or its Users) access, use or misuse of the SOL product(s), or any act or omission by Customer or its Users in violation of this Agreement.
3. AMENDMENT OF TERMS
SOL may amend the Terms from time to time. You should visit the SOL website regularly to check when the Terms were last updated (as displayed at the top of this document) and to review the current Terms. We will do our best to notify you of any amendments to the Terms that we consider likely to materially affect your rights and obligations. Any such notice will be posted on the SOL Platform, or sent by email to the address associated with your SOL Account (see Electronic Communications).
The continued use of your SOL Account, after any amendment to these Terms, constitutes your acceptance of the Terms, as modified by such amendment. If you do not accept the Terms, or any amendment to them, you must immediately stop using the SOL Platform and your SOL Account.
By opening a SOL Account, you expressly warrant and represent that:
- You are 18 years of age or over and have full capacity to accept the Terms and enter any transaction available through the SOL Platform;
- You will not open, or attempt to open, a SOL Account under any name except your own; or use your SOL Account to carry out transactions on behalf of a third party;
- You will not have more than one SOL Account; use or access any SOL Account other than your own; or assist any other person in obtaining unauthorised access to any SOL Account;
- You will provide security for transactions carried out through your SOL Account by ensuring there is sufficient digital currency (as the case may be) in your SOL Account in advance of any transaction;
- You will not use your SOL Account for or in relation to any illegal activity, in violation of any laws, statutes, ordinances or regulations, or any legal requirements or any kind;
- You are not a national or resident of the United States of America.
Any capitalised terms used in this Eligibility section shall have the meaning given to them in these Terms. Reference in these Terms to “Local Currency” means fiat or government issued currency (e.g. USD, EUR, ZAR).
By opening a SOL Account you accept and agree that SOL may, without further notice and in its sole discretion, terminate, suspend or restrict the account of any customer who uses, or who we reasonably suspect may be using, the SOL Platform or any SOL Account in a manner that is inconsistent with the letter or spirit of these Terms.
Before using the SOL Platform, you should ensure that you understand the risks involved in buying, selling or trading digital currencies. Digital currency markets can be volatile and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of your assets. There may be additional risks not identified in these Terms.
You should carefully assess whether your financial situation and risk tolerance is suitable for buying, selling or trading digital currency. You accept and agree that you are solely responsible for any decision to buy, sell, trade or otherwise hold or deal with digital currency.
6. ELECTRONIC COMMUNICATIONS
You accept and agree that:
- any communications, agreements, notices and/or any other documents (together “Communications”) relating to your SOL Account or your use of SOL’s services will be provided to you electronically by posting them on the SOL Platform, emailing them to the email address you have provided to us, or through any other form of electronic communication. You consent to receiving all Communications electronically;
- you will at all times have available to you the necessary hardware and software to receive, access and retain Communications sent to you electronically, including a device with an internet connection and a valid and accessible email address;
- you assume full responsibility for providing SOL with a valid and accessible email address to which any Communications may be sent, and for ensuring that email address and any other contact information is kept up to date. Any Communication sent to the email address you have provided to us will be deemed to have been received by you. You can amend your contact information by signing-in to your SOL Account and accessing the Settings page.
You may at any time withdraw your consent to receiving Communications electronically by contacting email@example.com. You acknowledge that failure to give, or withdrawing, consent to receiving Communications electronically puts the security of your SOL Account at risk and that SOL reserves the right to close your SOL Account in the event you fail to give, or withdraw, your consent to the receipt of Communications electronically.
7. IDENTITY VERIFICATION
SOL implements and maintains the highest standards of Know Your Customer (“KYC”) processes and controls as part of our commitment to combating fraud and assisting in the prevention of money laundering and terrorist financing. While our industry is largely unregulated, SOL voluntarily adheres to local and international compliance standards in relation to customer due diligence.
To ensure we meet these standards, our customers may be required to provide certain personal details and documents when opening a SOL Account (“Identity Verification”). The nature and extent of the Identity Verification required will depend upon which of our supported countries you are resident in, and the deposit and withdrawal limits that you wish to apply to your SOL Account. In certain circumstances, SOL may also perform enhanced due diligence (“EDD”) procedures in relation to your SOL Account. You accept and agree that you will remain subject to such procedures at all times.
SOL reserves the right to, at any time:
- restrict or suspend your SOL Account when we, in our sole discretion, consider it necessary to carry out further Identity Verification and/or EDD; or
- terminate your SOL Account if you provide, or we suspect you have provided, false information or refuse to provide information we require for Identity Verification and/or EDD.
You accept and agree that there may be delays in accessing your SOL Account, or in carrying out transactions through your SOL Account, while we undertake any Identity Verification and/or EDD procedures.
Retention of information. SOL is required to retain certain information and documentation obtained as part of the Identity Verification and EDD procedures. These requirements apply even when you have terminated your relationship with SOL. We reserve the right to keep such information and documentation for the required period and you accept and agree that information and documentation you provide to SOL may be retained by us, including following the closure of your SOL Account.
8. THE SOL WALLET
The SOL Wallet allows you to send, receive and store digital currency (together, “SOL Wallet Transactions”).
Supported Digital Currencies. The SOL Wallet is only available in relation to the digital currencies that SOL, in its sole discretion, decides to support (“Supported Digital Currency” or “Supported Digital Currencies”). The Supported Digital Currencies may change from time to time. Under no circumstances should you attempt to carry out a SOL Wallet Transaction in relation to a digital currency other than a Supported Digital Currency. In particular, but without limiting the generality of the foregoing, you accept and agree that you will have no access, entitlement or claim:
- to any digital currency sent to a receive address associated with your SOL Wallet where that digital currency is not a Supported Digital Currency; or
- to any digital currency sent to a receive address associated with your SOL Wallet, where that receive address is associated with another digital currency. For example, you will have no access, entitlement or claim to any Bitcoin Cash (BCH) sent to a Bitcoin (BTC) receive address.
Supported Digital Currencies are Bitcoin (BTC) and Ethereum (ETH).
Local Currency in your SOL Wallet. Local Currency deposited into your SOL Wallet is solely for the purchase of Supported Digital Currencies. In certain countries we may also allow you to purchase specific goods and/or services from selected third parties using your Local Currency balance. You accept and agree that any such purchase will be subject to these Terms.
Proceeds from the sale of Supported Digital Currencies will be credited to your Local Currency balance.
Transaction instructions. SOL will process SOL Wallet Transactions according to your instructions. You accept and agree that SOL does not:
- guarantee the identity of any user, receiver, or other party to a SOL Wallet Transaction. You are solely responsible for ensuring all transaction details are correct, and you should carefully verify all transaction information prior to submitting transaction instructions to SOL;
- have any control over, or any liability in relation to, the delivery, quality or any other aspect of any goods or services that you may buy from or sell to any third party. SOL shall not be responsible for, and will take no action in relation to, ensuring that any buyer or seller you transact with using your SOL Wallet completes the relevant transaction or has the requisite authority to do so.
Receiving digital currency. You may receive Supported Digital Currency into your SOL Wallet by providing the sender with a receive address generated in your SOL Wallet. Your SOL Wallet will only be credited with Supported Digital Currency sent to a receive address generated through your SOL Wallet and associated with that Supported Digital Currency. For example, your SOL Wallet will be credited with ETH when it is sent to an ETH receive address generated through your SOL Wallet.
Funds received in error. In the event you know, suspect, or should reasonably know or suspect, that any Local Currency or digital currency has been credited to your SOL Wallet in error, you must immediately notify SOL of the error by submitting a ticket to the support@SOLteam.com. You accept and agree that you have no claim or entitlement to any Local Currency or digital currency received in error, and must immediately return such funds in accordance with the instructions received from SOL.
Where your identity has been verified (in accordance with the Identity Verification requirements), you may deposit Local Currency into your SOL Wallet by depositing funds into a SOL bank account (a “Deposit”).
Details of the SOL bank account into which you must make the Deposit will be provided to you by SOL, and any such bank account will be held and operated by a SOL operating entity in your country or region. You accept and agree that any information you provide to SOL may be shared with such local entity, which will process Local Currency transactions in accordance with SOL’s instructions.
The payment methods by which you may Deposit Local Currency will depend upon the country you are in, and are set out on SOL website. Where you have made a Deposit using a Supported Deposit Method, and have adhered to the Deposit Requirements (explained below), your Deposit will be allocated to your SOL Wallet.
Due to legal and operational constraints, you must strictly adhere to the following Deposit requirements (the “Deposit Requirements”):
- you may only make a Deposit from a bank account (or other Supported Deposit Method) held in your own name. You must not allow any third party to make a Deposit into your SOL Wallet;
- you may only Deposit Local Currency from a bank account (or other Supported Deposit Method) compatible with the deposit methods available in your country or region;
- except in the case of a SEPA transfer, you may only make Deposits denominated in the Local Currency associated with your SOL Wallet. For example, if you have a ZAR wallet, you must only make Deposits in South African Rand;
- you must not use cheques to make a Deposit. SOL reserves the right to refuse any Deposit made by cheque. Any SOL Account that receives cheque deposit may, at SOL’s sole discretion, be suspended indefinitely.
You agree to abide by the Deposit Requirements and agree and accept that failure to do so may cause delay in or failure of any Deposit reflecting in your SOL Wallet, and/or restriction, suspension or termination of your SOL Account.
Allocation of deposits. When you request to make a Deposit through your SOL Wallet, you will be provided with a Reference Number. To permit timely and successful allocation of a Deposit to your SOL Wallet, you must use the Reference Number when you make an online bank transfer or use any other Supported Deposit Method. SOL will not be responsible for any delay in or non-allocation of Deposits to your SOL Wallet where you fail to specify the required Reference Number or Unique Deposit Amount.
Deposits may take time to reflect in your SOL Wallet due to bank processing times, operational processes, and/or failure by you to adhere to the Deposit Requirements. Under no circumstances will SOL have any liability to you in relation to any delay in or failure of a Deposit reflecting in your SOL Wallet.
SOL will make all reasonable efforts to allocate Deposits that do not meet the Deposit Requirements. However, any Deposits less than the Minimum Unallocated Deposit Amount that cannot be allocated within a one month period will be retained by SOL and you accept and agree that you shall have no further claim or entitlement to such funds. The Minimum Unallocated Deposit Amount shall until otherwise determined by SOL be USD10.00 or the equivalent in your Local Currency.
Where you have added your bank account details to your SOL Account, you may withdraw funds from your SOL Wallet to your bank account (a “Withdrawal”). SOL will process Withdrawals in accordance with your instructions. You are solely responsible for ensuring that any Withdrawal instructions provided to SOL, including the relevant bank account number, are complete and correct and you accept and agree that under no circumstances will SOL be under any obligation to reverse or amend any Withdrawal.
SOL will make all reasonable efforts to process Withdrawals each business day, in accordance with SOL website, but you accept and agree that SOL provides no guarantee in relation to the Withdrawal processing period.
Withdrawals to the bank account of any third party are expressly prohibited. You agree not to make, or attempt to make, any Withdrawal of funds from your SOL Wallet to the bank account of a third party and accept that any such Withdrawal may be refused and/or result in the restriction, suspension or termination of your SOL Account.
11. INSTANT EXCHANGE
SOL Wallet holders may use the SOL Exchange service. The SOL Instant Exchange is a service to buy or sell a chosen amount of Supported Digital Currency at the quoted exchange rate, or to exchange digital currencies. SOL Instant Exchange is intended for use by customers with experience in and/or knowledge of similar platforms. Any person using the SOL Exchange does so entirely at their own risk.
The SOL Exchange is not offered to customers in all jurisdictions. This section of the Terms applies to you if you access and/or use the SOL Exchange. In accessing and/or using the SOL Exchange for any purpose, you agree and accept that:
- all trades executed on the SOL Exchange are executed automatically, based on the parameters of your instructions, and cannot be reversed. In the case of technical issues affecting SOL’s internal systems, SOL may, where possible and in its sole discretion, take steps to reverse or otherwise amend a trade;
- all trading on the SOL Exchange is subject to SOL’s fee structure, as set out on the SOL website. By using the SOL Exchange, you accept and agree to all applicable fees;
- SOL makes no guarantee that the SOL Exchange will be available without interruption; that there will be no delays, failures, errors, omissions or loss of transmitted information; or that any order will be executed, accepted, recorded, or remain open.
- SOL is not acting as your broker, intermediary, agent, adviser or in any fiduciary capacity and no information or communication provided to you by SOL in relation to an Instant Exchange transaction will constitute advice;
- when you request to buy or sell Supported Digital Currency, we will provide you with a quoted exchange rate. SOL is unable to, and will not, specify the percentage of the quoted exchange rate that reflects SOL’s facilitation of the relevant trade, as it will vary with market conditions. The quoted exchange rate may differ from rates seen elsewhere on the SOL Platform, or on external sources, and you acknowledge that the quoted exchange rate is the rate that will apply to your request;
- By proceeding with your Instant Exchange transaction, you confirm that you accept the quoted exchange rate, including its components;
- a volume limit per transaction will apply to any Instant Exchange request; and
- SOL does not guarantee the availability of, or that there will be no delays or interruptions in or to, the Instant Exchange service.
SOL may, at any time and in our sole discretion, refuse any trade, impose limits on the trade amount permitted, or impose any other conditions or restrictions upon your use of the SOL Exchange that we deem necessary. We may, for example, limit the number of requests that you may initiate, or restrict trades from certain locations. SOL reserves the right to take such action without prior notice.
Before confirming any Instant Exchange transaction, you must ensure that the amount of Supported Digital Currency to be bought or sold is correct and that you agree to the quoted exchange rate. SOL cannot, and will not, reverse an executed order.
SOL reserves the right to delay or refuse any Instant Exchange transaction if, in our sole discretion, we perceive there to be a risk of fraud or illegal activity, or where we have reasonable grounds on which to suspect an error may have been made. SOL shall have no liability to you in connection with any delay in or non-completion of an Instant Exchange transaction.
The fees applicable to transactions undertaken on the SOL Platform can be viewed on the SOL website. SOL reserves the right to change our fees at any time and will update the SOL page accordingly. In certain circumstances, and at our sole discretion, SOL may notify selected customers of a specific fee change, where we consider a change to be of particular relevance to such customers.
Send and Receive fees. You may be charged a fee to send Supported Digital Currency from your SOL Wallet and/or to receive Supported Digital Currency into your SOL Wallet. Fees will apply where Supported Digital Currency is sent to or received from a Supported Digital Currency address (e.g. a Bitcoin address. Please see SOL website for further information on send and receive fees.
Deposit and Withdrawal fees. You may be charged a fee for Withdrawals from your SOL Wallet. Such fees differ by country and are set out on SOL website. Such fees will be displayed in your transaction history upon completion of the transaction.
Exchange fees. You may be charged a fee For any buy or sell request placed using the Instant Exchange service. Such fees differ by country and are set out on SOL website. Such fees will be displayed in your transaction history upon completion of the transaction.
13. ACCOUNT SECURITY
SOL takes security very seriously and the measures we have in place to protect your SOL Account are explained on the Security page of the SOL website. However, you are solely responsible for:
- maintaining adequate security and control over your SOL Account sign-in details, including but not limited to any passwords, personal identification numbers (PINs), API keys, or any other codes associated with your SOL Account;
- enabling any additional security features available to you;
- keeping your contact details up to date so that you can receive any notices or alerts we may send to you in relation to security;
- maintaining security and control over the email mailbox, phone number and two-factor authentication applications or devices associated with your SOL Account.
Failure to take the above measures, and any other security measures available to you, may result in unauthorised access to your SOL Account and the loss or theft of any digital currency and/or Local Currency balances held in your SOL Wallet or any linked bank account(s). SOL shall have no liability to you for or in connection with any unauthorised access to your SOL Account, where such unauthorised access was due to no fault of SOL, and/or any failure by you to act upon any notice or alert that we send to you.
The security of your SOL Account may be compromised, or interruption caused to it, by phishing, spoofing or other attack, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment. SOL strongly recommends that you regularly use reputable virus screening and prevention software and remain alert to the fact that SMS, email services and search engines are vulnerable to spoofing and phishing attacks.
Care should be taken in reviewing messages purporting to originate from SOL and, should you have any uncertainty regarding the authenticity of any communication, you should log in to your SOL Account through the SOL website (specifically, http://solwallet.co.za, and not any other domain name or website purporting to be, or to be related to, SOL) to review any transactions or required actions.
To the maximum extent permitted by applicable law, you accept and agree that you have full responsibility for all activity that occurs in or through your SOL Account and accept all risks of any unauthorised or authorised access to your SOL Account.
Private keys. SOL securely stores all Supported Digital Currency private keys (“Private Keys”) associated with any SOL Account. You accept and agree that SOL shall retain full ownership and control of the Private Keys associated with your SOL Account and that you shall have no control of, access to, or the ability to use, such Private Keys. For example, but without limiting the generality of the foregoing, SOL will not:
- accept or adhere to any instruction to sign any data with a Private Key;
- give access to any funds associated with your private keys, other than those of the Supported Digital Currency associated with your digital currency wallet;
- allow the creation of any receive addresses associated with a Private Key other than receive addresses created through your SOL Wallet. SOL will not credit to your SOL Wallet any digital currency associated with a Private Key other than where such funds have been received via a receive address generated through your SOL Wallet.
14. SERVICE AVAILABILITY
While we will do everything we can to provide continuous operations, SOL does not provide any warranty in relation to the availability of the SOL Platform or your SOL Account. Without limiting the generality of the foregoing, we do not guarantee continuous access to the SOL Platform or your SOL Account and make no representation that the SOL Platform, SOL API, your SOL Account and/or any products or services offered therein will be available without interruption; or that there will be no delays, failures, errors, omissions or loss of transmitted information.
15. TRANSACTIONS ON DIGITAL CURRENCY NETWORKS
When you use your SOL Account to send or receive digital currency, the transaction must be confirmed and recorded in the public ledger associated with the relevant digital currency network (e.g. the Bitcoin network or the Ethereum network). That digital currency network is solely responsible for verifying and confirming any such transactions. SOL cannot confirm, cancel or reverse transactions on a digital currency network, other than confirming to you that the network has completed the transaction. You accept and agree that:
- Once submitted to a digital currency network, a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your SOL Wallet balance or be available to you to conduct transactions;
- When you send digital currency from your SOL Account, you are authorising us to submit your transaction request to the relevant digital currency network. Once a transaction request has been submitted to the relevant digital currency network, the network will automatically complete or reject the request and neither you or SOL will be able to cancel or otherwise modify your transaction.
- Digital currency networks are operated by decentralised networks of independent third parties. They are not owned, controlled or operated by SOL so we cannot ensure that any transaction details you submit will be confirmed by the relevant digital currency network. You agree that any transaction details you submit may not be completed, or may be substantially delayed, by the digital currency network used to process the transaction.
Network protocols and operating rules. The underlying software protocols that govern the operation of the Supported Digital Currencies are open source. Accordingly, anyone can use, copy, modify, and distribute them and SOL has no ownership of or control over these protocols. By using the SOL Platform, you accept and agree that:
- SOL is not responsible for the operation of any digital currency network’s underlying software protocols and makes no guarantee as to their availability, security, or functionality;
- the underlying software protocols are subject to sudden changes in operating rules (known as “forks”), and that such forks may materially affect the value, function, and/or name of any digital currency you store in your SOL Account. Should a fork occur, SOL may, with or without notice to you, temporarily suspend our operations and, in our sole discretion, decide whether or not to support either branch of the forked protocol entirely; and
- in the event SOL decides not to support a branch of a forked protocol, you will not be given access to the assets on that fork. Those assets will be securely held by SOL and we will not buy or sell them.
16. ACCOUNT INACTIVITY
Local Currency deposited into your SOL Wallet may only be used for the purchase of Supported Digital Currencies and/or Withdrawal to an approved bank account. You must not use your SOL Wallet for the purpose of storing Local Currency. Where any Local Currency in your SOL Wallet is not used for a period exceeding three months, SOL may charge and obtain from you an Inactivity Fee of USD2.00 per month (or the equivalent in your Local Currency), which shall be collected from the Local Currency held in your SOL Wallet. Should we have reasonable grounds on which to suspect you are using your SOL Wallet primarily for the purpose of storing Local Currency, SOL reserves the right to restrict, suspend or terminate your SOL Account.
Unclaimed property. In the event any funds are held in your SOL Wallet(s) and SOL has no record of any use of your SOL Account for several years, and we are unable to contact you, the law in your jurisdiction may require us to report and deliver such funds to the relevant authorities as unclaimed property. To the extent permitted by applicable law, SOL reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds.
17. CLOSURE OF YOUR ACCOUNT
You may close your SOL Account by submitting a closure request to firstname.lastname@example.org. SOL will action such requests once (i) the sum of all Local Currency and digital currency balances in your SOL Wallet(s) is below the Minimum Closure Amount; and (ii) no transactions have taken place in your SOL Account for a period of at least 30 days. Such requirements are designed to protect you from loss and SOL will not action a closure request until they are satisfied.
You accept and acknowledge that, once your SOL Account is closed:
- you will have no further access to it;
- SOL will be under no obligation to notify you of, or provide to you, any digital currency sent to any receive address associated with your SOL Account; and
- SOL reserves the right (but has no obligation) to delete all of your information and account data stored on our servers, and also reserves the right to retain any information that is required for legal or operational reasons.
If at the date of closure of your account any Local Currency or digital currency remains in your SOL Wallet(s) (i.e. funds amounting to less than the Minimum Closure Amount), you accept and agree that SOL shall retain such funds and that you shall have no further claim to them. The Minimum Closure Amount shall be USD10.00 or the equivalent in your Local Currency.
You accept and agree that SOL shall not be liable to you or any third party in relation to the closure of your SOL Account, the termination of access to your SOL Account, or for the deletion of your information or SOL Account data.
18. RESTRICTION, SUSPENSION AND TERMINATION
SOL reserves the right to restrict, suspend or terminate your SOL Account where:
- we reasonably suspect your SOL Account to be the subject of an operational or other error, in which case we may be required to suspend access to your account until such time as the error is rectified;
- we reasonably suspect your SOL Account has been or is being used in relation to any unlawful, fraudulent activity, or in breach of these Terms;
- we reasonably suspect you or your SOL Account is or has been associated with, or poses a high risk of, money laundering, financing of terrorism, fraud, or any other financial crime;
- we reasonably suspect you of taking any action that SOL considers to be a circumvention of SOL’s controls, including but not limited to opening multiple SOL Accounts;
- we reasonably suspect your involvement in any attempt to gain unauthorised access to any SOL Account;
- your SOL Account is or appears to be the subject of any legal, regulatory or government process and/or we, in our sole discretion, consider there to be a heightened risk of legal or regulatory non-compliance associated with your SOL Account;
- we are compelled to do so by a prima facie valid subpoena, court order, or other binding order of a government or regulatory authority; or
- your name appears on a government or international body sanctions list.
SOL will make all reasonable efforts to provide you with notice of any decision to restrict, suspend or terminate your SOL Account, unless we are prevented from doing so by any legal or regulatory process or requirement, or where doing so may compromise SOL’s security and/or risk management procedures. You accept and agree that SOL is under no obligation to disclose to you the fact of or reason for any decision to restrict, suspend or terminate your SOL Account, and shall have no liability to you in connection with the restriction, suspension or termination of your SOL Account.
19. FINANCIAL ADVICE
Under no circumstances does any information contained on the SOL Platform, or provided to you through your SOL Account or by any employee, agent or affiliate of SOL, constitute financial, investment or other professional advice.
You are solely responsible for any decision to store, buy or sell digital currency, and such decision should take into account your risk tolerance and financial circumstances. You should consult your legal or tax professional in relation to your specific situation.
You are solely responsible for determining whether, and to what extent, any taxes apply to any transactions you carry out through your SOL Account, and for withholding, collecting, reporting and remitting the correct amounts of tax to the appropriate tax authorities.
21. EXPORT CONTROLS AND SANCTIONS
Your use of the SOL Platform is subject to international export controls and economic sanctions requirements. By undertaking any activity on the SOL Platform or through your SOL Account, including but not limited to sending, receiving, buying, selling, storing or trading any digital currency, you agree that you will at all times comply with those requirements. In particular, and without any limitation to the generality of the foregoing, you may not open, use, or have access to any SOL Account if:
- you are in or under the control of, or resident of, any country subject to United States embargo, UN sanctions, the HM Treasury financial sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime; or
- you intend to supply any acquired or stored digital currency, or transact with people or businesses operating in any country subject to United States embargo or HM Treasury's financial sanctions regime, or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime.
22. PROHIBITED ACTIVITIES
You must not use your SOL Account to undertake any of the activities or categories of activity set out in this section (each a “Prohibited Activity”):
- violation of any laws, statutes, ordinance or regulations;
- undertaking, facilitating or supporting criminal activity of any kind, including but not limited to, money laundering, terrorist financing, illegal gambling operations or malicious hacking;
abusive activity, including but not limited to:
- imposing an unreasonable or disproportionately large load on SOL’s infrastructure, or otherwise taking any action that may negatively affect the performance of the SOL Platform or SOL’s reputation;
- attempting to gain unauthorised access to the SOL Platform or any SOL Account;
- transmitting or uploading any material to the SOL Platform that contains viruses, Trojan horses, worms, or any other harmful programmes; or
- transferring your SOL Account access or rights to your SOL Account to a third party, unless as required by law or with SOL’s prior consent.
- paying in to or otherwise supporting pyramid schemes, Ponzi schemes, matrix programmes, “get rich quick” schemes, multi-level marketing programmes or high-yield investment programmes;
- fraudulent activity, including but not limited to taking any actions that defraud SOL or a SOL customer, or the provision of any false, inaccurate, or misleading information to SOL;
- transactions involving items that may help facilitate or enable illegal activity; promote or facilitate hate, violence or racial intolerance; are considered obscene; or may be stolen goods or the proceeds of crime;
- transactions involving TOR markets, online gambling sites or mixers;
- sale or purchase of narcotics or controlled substances;
- intellectual property infringement.
By opening a SOL Account, you confirm that you will not use your account to undertake any of the above-listed Prohibited Activities or any similar or related activity.
Activities subject to the prior written approval of SOL. Unless you have obtained the prior written approval of SOL, you accept and agree that you will not use your SOL Account to conduct or operate any of the following business activities or categories of activity:
- money services, including but not limited to money or digital currency transmission, currency or digital currency exchange or dealing, payment service providers, e-money or any other financial services business;
- gambling or gaming services;
- charitable or religious / spiritual organisations;
- consumer lending services, including but not limited to secured and unsecured loans, cash advances, payday lending;
- investment funds, asset management, or brokerage services.
We reserve the right to restrict, suspend or terminate your SOL Account if we suspect, in our sole discretion, that you are using, or have used, your SOL Account in association with any of the activities listed above, or any similar or related activity, without having obtained the prior written approval of SOL.
23. DISCLAIMER OF WARRANTIES
The SOL Platform, your SOL Account and any related products or services are offered on a strictly “as-is” and “where-available” basis and SOL expressly disclaims, and you waive, all warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, the SOL Platform, your SOL Account, and any related products or services are offered without any warranty as to merchantability or fitness for any particular purpose.
Some jurisdictions do not allow the disclaimer of implied terms in consumer contracts, so some or all of the disclaimers in this section may not apply to you.
24. LIMITATION OF LIABILITY
In no event shall SOL, its operating entities or any other affiliates (including their respective directors, members, employees or agents) be liable to you for any direct, indirect, special, consequential, exemplary or punitive damages or any other damages of any kind, including but not limited to loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, whether in contract, tort or otherwise, arising out of or in any way connected with your use of, inability to use, or unavailability of the SOL Platform and/or your SOL Account, including without limitation any damages caused by or resulting from any reliance upon any information received from SOL, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorised access to SOL’s records, programmes or services.
In no event will any liability of SOL, its operating entities or any other affiliates (including their respective directors, members, employees or agents) arising in relation to your use of the SOL Platform or your SOL Account, exceed (in aggregate) the fees earned by SOL in connection with your use of your SOL Account in the six month period immediately preceding the event giving rise to the claim for liability.
The above limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the limitations in this section may not apply to you.
To the maximum extent permitted by law, you agree to indemnify SOL, its operating entities or any other affiliates (including their respective directors, members, employees or agents) against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred directly or indirectly arising from your use of or conduct in relation to the SOL Platform and/or your SOL Account, or from your violation of these Terms.
You and we agree to notify the other party in writing of any claim or dispute that arises in relation to the SOL Platform, your SOL Account or these Terms, within 30 days of such claim or dispute arising. You and we further agree to attempt informal resolution of any Dispute prior to bringing a claim in any court or other body.
Governing law and jurisdiction. This agreement shall be governed by and construed in accordance with Singapore law, subject to any local mandatory rights you may have. You and we agree to submit all disputes, claims or controversies (including non-contractual Disputes, claims or controversies) arising out of or in connection with these Terms, or the breach, termination, enforcement or interpretation thereof (together, Disputes), to the non-exclusive jurisdiction of the courts of Singapore.
Class or representative action waiver. To the maximum extent permissible by law, you and SOL each agree that each may bring any Dispute against the other only in your or its individual capacity, and you and it waive any right to commence or participate in any class action or other representative action or proceeding against the other. Further, where permissible by law, unless both you and SOL agree otherwise, no court may consolidate any other person’s claim(s) with your Dispute, and may not otherwise preside over any form of representative or class proceeding.
For the avoidance of doubt, if this Class or representative action waiver is found by any court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Disputes clause shall remain valid and enforceable.
Entire agreement. These Terms constitute the entire agreement and understanding between you and SOL with respect to their subject matter and supersede any and all prior discussions, agreements and understandings of any kind between you and SOL (including but not limited to any prior versions of these Terms).
Severability. If any provision of these Terms, as amended from time to time, is determined to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected and everything else in these Terms will continue in full force and effect.
In the event any provision or part thereof of these Terms is determined to be illegal, invalid or unenforceable, that provision or part thereof shall be replaced by the parties with a legal, valid and enforceable provision or part thereof that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision, given the content and purpose of these Terms.
Assignment. You may not assign or transfer any of your rights or obligations under these Terms without SOL’s prior written approval. You give SOL your approval to assign or transfer these Terms in whole or in part, including but not limited to: (i) a subsidiary or affiliate; (ii) an acquirer of SOL’s equity, business or assets; or (iii) a successor by merger.
Change of control. In the event that SOL is acquired by or merged with a third party, we reserve the right to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
Force Majeure. SOL shall not be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.
Survival. All provisions of these Terms that by their nature extend beyond the expiry or termination of these Terms, including but not limited to, sections relating to the suspension or termination of your SOL Account, use of the SOL Platform, disputes with SOL and general provisions, shall survive the termination of these Terms.
Headings. Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.
English language controls. Notwithstanding any other provision of these Terms, any translation is provided solely for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretation in the English language. Any translation provided may not accurately represent the information in the original English.