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Terms of Service

These terms of service will be effective for all Users as of November 20, 2023

General

Welcome to www.momentumcryptoapp.com (this “Site”)!

These terms of service (the “Agreement”) constitute the agreement between you (hereinafter referred to as “you” or “your”) and momentumcryptoapp.com operators (as defined below, hereinafter referred to as “we”,”us” and “our”) governing your use of this Site/App and the Services (as defined below).

Before using the Services, please read carefully all of the terms and conditions of this Agreement, Terms of Privacy Policy, Important Information About Use Of The Momentum Crypto Application And Risk Disclaimer (“Disclaimer”) and each of the other agreements that apply to you.

By using this Site and/or the App, you agree to comply with all of the terms and conditions in this Agreement and the following policies: Privacy Policy, Disclaimer, and any other agreements that apply to you.

We may amend, modify, update and change any of the terms and conditions contained in the Agreement from time to time. We will notify you of any amendment, modification, update and change by publishing a new version of the Agreement here. Any new version of the Agreement will take effect immediately upon publication on the Site, and your use of the Site, the App and/or the Services after any changes to this Agreement will be deemed to constitute your acceptance of the new version of the Agreement.

If you do not agree with any changes to this Agreement, you must cease using the Services without cost or penalty, if any liabilities or fees that you may have owed us so far have been paid off. This Agreement will continue to apply to your previous use of our services. If you continue to use the Services, it shall be deemed that you accept and agree to be bound by the revised or new version of the Agreement.

Definitions

1.Momentum refers to an ecosystem comprising our websites (whose domain names include but are not limited to https://www.momentumcryptoapp.com), mobile applications, our API servers that provide information to our apps, clients and other applications that are developed to offer Momentum Services.

2.Momentum Operators refer to all parties that run Momentum, including but not limited to legal persons, unincorporated organizations and teams that provide Momentum Services and are responsible for such services. For convenience, unless otherwise stated, references to “Momentum” and “we” in these Terms specifically mean Momentum Operators. Under these terms, Momentum operators may change as our business adjusts, in which case, the changed operators shall perform their obligations under these terms with you and provide services to you, and such change does not affect your rights and interests under these terms. Additionally, the scope of Momentum’s operators may be expanded due to the provision of new Momentum Services, in which case, if you continue to use Momentum’s Services, it is deemed that you have agreed to jointly execute these terms with the newly added Momentum operators.

3.Services: any website owned or operated by us, any API Tools, or mobile applications (the “App(s)”) and all services, features, functionality, and content provided through the Site, API tools, or App,

4.“You” or “Your” or “User” refers to anyone who accesses Services through the Site www.momentumcryptoapp.com, API or Apps.

 

Disclaimer of Warranty and Release

  1. No warranty. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. BY USING OUR SERVICES YOU AGREE THAT THERE ARE NO EXPLICIT OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ANY PART OF THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, ERROR-FREE, OR PROFITABLE. YOU AGREE THAT WE TAKE NO RESPONSIBILITY FOR AND WILL NOT BE HELD LIABLE TO YOU FOR ANY REAL OR PERCEIVED HARM THAT COMES DIRECTLY OR NON-DIRECTLY FROM THEM, INCLUDING ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM THE USE OF THE SERVICES.
    YOU AGREE THAT ALL SERVICES OFFERED BY US ARE USED AT YOUR OWN RISK.
  2. Release of us. You release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown and you expressly waive any protections that would otherwise limit the coverage of this release.
  3. Without prejudice to and in addition to the provisions above, you agree that if you have violated this Agreement or any policies that apply to you, then you will be liable for damages to us and/or our affiliates caused by your violation of the Agreement. 

 

Indemnification and Limitation of Liability

1. Indemnification. You agree to indemnify us and our affiliates (including each entity that we control, we are controlled by or we are under common control with and our partners), and each of their respective companies, owners, directors, officers, employees, agents, joint ventures, service providers and suppliers (collectively “Our Entities”) for actions related to your use of the Services. You agree to defend, indemnify and hold us harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this Agreement, your improper use of the Services, your violation of any law or the rights of a third party, your use of our Apps, websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, or any of the Services on your behalf.

2. Limitation of Liability

2.1 YOU AGREE THAT USING OUR SERVICES IS AT YOUR OWN RISK AND IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS, LOSSES, DATA CHARGES, OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE OR CONSEQUENTIAL DAMAGES WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THIS SITE, THE APP, OUR SOFTWARE, SYSTEMS (INCLUDING ANY NETWORKS AND SERVERS USED TO PROVIDE ANY OF THE SERVICES) OPERATED BY US OR ON OUR BEHALF, ANY OF THE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF US HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

2.2 In addition, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

(1) your use of, or your inability to use, our websites, Apps, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Services) or any of the Services;

(2) delays or disruptions in our websites, Apps, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Services), and any of the Services;

(3) viruses or other malicious software obtained by accessing our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Services), any of the Services, or any website or service linked to our websites;

(4) glitches, bugs, errors, alarm failures, notification failures, or inaccuracies of any kind in our websites, Apps, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Services), any of the Services, or in the information and graphics obtained from them;

(5) the content, actions, or inactions of third parties, including but not limited to any loss of digital asset due to the external provider as described in the Disclaimer;

(6) a suspension or other action taken with respect to your Account; 

(7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Agreement, operating changes to digital asset protocols or our policies.

 

Licenses; Intellectual Property

1. App Licenses.  Subject to your acceptance and compliance with this Agreement and after payment for the App, we grant to you a limited, non-exclusive, non-sublicensable, non-transferable license to download and install the App on a mobile device, tablet, or computer that you own or control and to run such copy of the App solely for your own personal purposes for a monthly fee. You may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, hack, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple Users through any means. We reserve all rights to the App,

2.Content Licenses

2.1 Definitions. For purposes of this Agreement: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.

2.2 Content Ownership. We and our licensors exclusively own all right, title and interest in and to the Content, including all associated intellectual property rights. You acknowledge that the Services (which, for greater certainty, includes the Content and the provision of Content) are protected by copyright, trademark, and other laws of any applicable jurisdiction. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

2.3 Rights in Content granted by us. Subject to your compliance with this Agreement, we grant to you a limited, non-exclusive, non-transferable and revocable license, with no right to sublicense, to, during the term of this Agreement, access and view the Content (excluding your User Content) solely in connection with your approved purposes as permitted by us from time to time. Unless otherwise approved by us, you may not use the Content for any non-personal purpose. Any other use of the Services or Content is expressly prohibited. You acknowledge that subject to the rights granted to you in this Agreement with respect to the Content, all other right, title, and interest in the Services and Content is exclusively the property of us and our 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.

2.4 Not Responsible for Content. We make no representations about the accuracy, quality, timeliness, authenticity or completeness of the Content, express or implied, statutory or otherwise, including the digital assets price data available through the Services, or any information on any third party websites site even if links to such sites are provided through the Services. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including if we, at our sole discretion, consider any Content to be objectionable or in violation of this Agreement. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF ANY KIND, FROM ACTION TAKEN, OR TAKEN IN RELIANCE ON ANY CONTENT.

3. Marks. “Momentum”, “momentumcryptoapp.com” and all other URLs, logos and names related to the Services or displayed through the Services (collectively, “Marks”) are either trademarks, service marks, or registered marks of us or our licensors. You may not copy, imitate or use any Mark without our prior written consent, unless such use is permitted by this Agreement or is necessary as part of your use of the Services.

 

Restricted Activities

1. Restricted Activities.

In connection with your use of the Services, or in the course of your interactions with us, other Users or third parties, you will not:

1.1 Breach this Agreement or any other agreement between you and us;

1.2 Violate any law, statute, ordinance, or regulation in the use of our Services;

1.3 Infringe our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

1.4 Act in a manner that is defamatory, trade libelous, threatening or harassing; or threaten and/or harass our employees, agents or other Users;

1.5 Provide false, inaccurate or misleading information;

1.6 Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;

1.7 Disclose or distribute another User’s information to a third party, or use such information for marketing purposes unless you receive the User’s express consent to do so;

1.8 Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or the Services;

1.9 Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or Services;

1.10 Use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; use any device, software or routine to interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, any of the Services or other Users’ use of any of the Services;

1.11 Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from our websites without our or any applicable third party’s written consent.

2. You agree and represent you are not and will not be engaged in any of these Restricted Activities. We have the right to investigate violations of this Agreement or conduct that affects the Services. Further, we reserve the right to cancel and/or suspend the Services immediately and without notice if we determine, in our sole discretion, that you are associated with a Restricted Activity.

3. Liabilities for Restricted Activities. If we believe that you’ve engaged in any of these Restricted Activities, we may take a number of actions to protect us, Users and others at any time in our sole discretion. The actions we make take include, but are not limited to, the following:

a) Terminate this Agreement immediately and without penalty to us;

b) Refuse to provide the Services to you now and in the future;

c) Limit your access to this Site, the App, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, any Account you may have with us, or any of the Services;

f) Take legal action against you.

 

SUSPENSION AND RESTRICTION

1. You agree that your use of our Services is at our sole and absolute discretion and that, without limiting other remedies that may be available to us, we reserve the right, in our sole and absolute discretion, to limit or block access to or to suspend, deactivate or terminate use of our Services, impose limitations on part or all actions with your Services, discontinue the Services, at any time, with or without notice to you.

 

User’s Representations and Warranties

1. By using the Services, you expressly represent and warrant that:

1.1 You have the legal authority to enter into the Agreement; and that you will use the Site, the App and Services in accordance with our terms of use and fully perform all your obligations.

1.2 Your use of the Services will be in compliance with all laws that are applicable to you based on your jurisdiction and that you will not use the Services for any criminal or illegal activities as defined by any applicable law.

1.3 You will use the Services only for yourself, and not on behalf of any third party.

 

Risk Reminder

  1. You agree that you are solely responsible for understanding and complying with any and all laws, rules and regulations relating to the use of the Services in your jurisdiction and that we are not giving investment advice, tax advice, legal advice or other professional advice by allowing you to use the Site, the App or the Services. No Material on our Site or App, including FAQs or blogs, shall be considered tax advice, legal advice or investment advice.

 

Amendments and Termination

1. Amendments. We may amend, modify, update and change any of the terms and conditions contained in the Agreement from time to time. We will notify you of any amendment, modification, update and change by publishing a new version of the Agreement here, or by email, or by App notification. Any new version of the Agreement will take effect immediately upon publication on the Site or the App, and your use of the Site, the App and/or the Services after any changes to this Agreement will be deemed to constitute your acceptance of the new version of the Agreement.

2. Termination by Us. We may, at any time, terminate the Agreement and Services unilaterally, with immediate effect, for any reason.

3. Termination by You. You may, at any time, terminate the Agreement, with immediate effect, for any reason. Upon termination of the Agreement, you shall stop using the Site, the APP and/or the Services.

4. Retaining Information. Following the termination of the Agreement, we may retain your personal information for as long as we have a business or tax need or as required under applicable laws.

 

Miscellaneous

1. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent. We reserve the right to assign our rights without restriction, to any affiliate or subsidiary of us, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation hereof will be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assignees.

2. Relationship of the Parties. We are an independent contractor for all purposes. Nothing in this Agreement will be deemed or is intended to be deemed; nor will it cause, you and us to be treated as partners, joint ventures, joint associates for profit, or as the agent of the other.

3. No waiver. Our failure to act with respect to a breach of any of your obligations under this User agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

4. Complete Agreement and Survival. This Agreement and the Privacy Policy, along with any applicable policies on the Site and App, sets forth the entire understanding between you and us with respect to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including any prior versions of this Agreement), and every nature between and among you and us. All such terms which by their nature should survive, will survive the termination of this Agreement.

5. Severability. If any provision of this Agreement is held to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision shall be struck and the validity or enforceability of any other provision of this Agreement will not be affected.

6. Improperly Filed Claim. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to this Agreement, we may recover attorneys’ fees and costs as well as other expenses or penalties resulting from such a claim (including in-house attorneys and paralegals).

7. Electronic Communications. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your use of the Services. We will provide these Communications to you by posting them on the Site or through the App, emailing them to you at the primary email address listed in your profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification. You understand and agree that if we send you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you. 

8. Terms in English; Translation of agreement. It is the express wish of the parties that these terms and any directly or indirectly related documents be drawn up in English. Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this Agreement and a version in a language other than English, the English version shall prevail.

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