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Agreement between FCH Network and the User

This Terms and Conditions is an agreement between you (End-user or you) and FCH LABS S.R.O., Klimentská 1216/46, Nové Město, 110 00 Praha 1, Czech Republic(Licensor, us or we) for the use of the FCH Network (Application) that is downloaded, installed and/or used by you.

We license the use of the FCH Network software to you on the basis of these Terms & Conditions and subject to these rules applied by any app store provider, such as but not limited to the Apple App Store or the Google Play Store (Third Party Rules). We do not sell the Software to you. We remain the owners of the Software at all times.

Before using this application, please make sure that you have read these Terms and Conditions. These Terms and Conditions contain rules, guidelines, notifications, policies and instructions relating to the use of the FCH Network application and the services provided by the application. By accessing and using the FCH Network application, you acknowledge and agree that you have read, understood and agreed to all content/clauses in these Terms and Conditions.

We will publish any substantial change and amendment of these Terms and Conditons (if any) through the FCH Network Application and you must read and understood all the changes and amendments. If you still access and use the application after the publication of substantial change(s) and amendment(s), you are deemed that you have read, understood and agreed of the change(s) and amendment(s).

 

  1. Definitions
  • FCH Network or We are FCH LABS S.R.O., a company established and existing under the laws of Singapore, which provide the Application to be the storage of your cryptocurrency (ies).
  • You or User is any person who visits, accesses and/or uses the FCH Network Application.
  • Application is a program on your smartphone or mobile device which owned by FCH LABS S.R.O. that provides you the Services.
  • Account is the information and anything in its Application of the User which contains the username and password.
  • Intellectual Property is all copyrights, patent, innovations, utilities, trademarks, services marks, geography indications, domain name, layout designs rights, registered designs, goodwill, reputation and all ownership of the intellectual property of FCH Network contains in the Application or Services.
  • Service is the services provided by FCH LABS S.R.O. through this Application for the User that enables User to send and receive cryptocurrency (ies) through this Application or by phone using the call center service operated and managed by FCH Network.

 

ACCOUNT

  1. User’s Account
  • Account RegistrationIn order to use certain features in the FCH Network Application, You must register to get an account in the FCH Network Application by providing certain informations about yourself as prompted by the applicable registration form in the FCH Network Application. Any information that is considered as “Personal Data” as described in the https://fch.network/privacy-policy/ will be treated accordingly. By using the FCH Network Services, You are deemed to have given your consent for FCH Network to obtain, collect, process, analyse, store, display, announce, and/or transfer your Personal Data, for any purposes, to the extent it is necessary for FCH Network to manage the Services. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) You will provide us with updates and maintain the accuracy of such information when any registration information change; and (c) You will release FCH LABS S.R.O. from any damage, loss, and lawsuit which arise from any intentional or unintentional usage of such registration information.
  • Account ResponsibilitiesYou are solely responsible for maintaining the confidentiality of your usernames, recovery phrases and PIN code, and in general of any means to secure your personal and private access to your accounts using the FCH Network Products, as well as restrictions on access to your computer, your mobile device(s) and other equipment, and to the extent permitted by applicable law, you agree to be responsible for all activities that have been conducted from your account or with your PIN code or recovery phrases. You must take all necessary steps to ensure that your password, PIN code and recovery phrases remain confidential and secured.FCH Network cannot and will not be liable for any loss or damage arising from your failure to perform any of the responsibilities under this clause.
  • Account LimitationsThis Application can be used for individual user at least 18 years old or any legal age according to the law of Your/the User’s respective country. By accessing and using this Application, You warrant that You are at least 18 years old and will comply all the contents of this Terms and Conditions.We are entitled to and would stop providing the Service in your account or delete your account if we know/become aware that You do not comply with all the requirements stated in these Terms and Conditions.

 

Intellectual Property

  1. Intellectual Property

The Intellectual Property in the FCH Network Application or Services belongs to and/or legally licensed to FCH Network and We are entitled to protect our Intellectual Property in any way possible. No part of the FCH Network Intellectual Property can be reproduced, engineered, decompiled, separated, changed, republished, displayed, hyperlinked, mirrored, framed, transferred, or delivered by any means or saved in an information search system in a server, without written consent from FCH Network. Nothing in these Terms and Conditions can be seen as or deemed as licensing or granting any rights to use the FCH Network Intellectual Property.

  1. Third Party Intellectual Property

FCH Network is not and will not be held responsible for any claim made by You in regard to your activity using the FCH Network Application which in turn is claimed as any violation of any Third Party’s intellectual property, and FCH Network shall not be held responsible to indemnify any compensation or defend You in accordance to claim arising out or relating to the Third Party’s Intellectual Property.

FCH Network is required to provide any indemnification by applicable law(s) and FCH Network shall be solely responsible for the investigation, defense, settlement and discharge of any claim, as long as it is legally proven that the FCH Network infringes any third party intellectual property right.

 

Advertisements and Privacy

  1. Advertisements

In the FCH Network Application, we may display advertisement(s) and/or promotion(s) by third party/parties which may support FCH Network with advertising revenue. The advertisement(s) and/or promotion(s) may be displayed to You when You use the services of the FCH Network Application.

  1. Privacy Policy

The FCH Network Privacy Policy is found at https://fch.network/privacy-policy/.

 

Prohibited Use and Limitation of Liability

  1. Prohibited Use

When You use the FCH Network Application or FCH Network Services, You agree that You will not engage in prohibited uses of the FCH Network Application/Service, including but not limited to:

  • Pretend to be someone else and/or other entity, or provide wrongful information or claim to be someone else and/or other entity;
  • Use this Application for illegal purposes;
  • Attempt to obtain illegal access or disrupt a computer, device or connected system connected to the FCH Network Application or Services;
  • Announce (posting), promote or deliver prohibited material in accordance with applicable law(s) through the FCH Network Application or Services;
  • Disrupt the utilisation or use of the FCH Network Application or Services;
  • Use, download or upload any software or material which contain viruses, malware, damaging components, dangerous codes or any other material which could disrupt the operation of the FCH Network Application or Services;
  • Intentionally or unintentionally breach any Intellectual Property Rights reserved by FCH Network;
  • Use the FCH Network Application or Services in a way that is not in accordance with these Terms and Condition or other applicable law(s) (“Prohibited Uses”).

We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law(s), regulation(s), sanctions programs, legal process or governmental request from relevant authorities. We reserve the right to cancel and/or suspend your Account and/or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is/has been associated with Prohibited Uses.

  1. Limitation of Liability

FCH Network provides the FCH Network website, the FCH Network Application and FCH Network Service on an “as is” and “as available” basis. FCH Network makes no representations or warranties of any kind, express or implied, as to the goods purchased, the operation of the FCH Network Application or Services, or the information or content displayed on or accessible via the system, including FCH Network does not represent or warrant that the functions contained in the FCH Network Application and Services will be uninterrupted or error-free, that the defects will be corrected, or that the FCH Network Application and Services or the servers that makes the FCH Network Application and Services available are free of viruses or other harmful components. You expressly agree that your use of the FCH Network Application and Services is solely at your own risk. FCH Network does not warrant the accuracy, reliability, or completeness of any product images, descriptions or specifications provided at FCH Network website.

FCH Network does not make any representations, warranties, or covenants regarding the products purchased and expressly disclaims any warranties, express or implied, relating to the fitness, quality or safety of any merchandise, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the disclaimers, exclusions or limitations contained in these International Order Terms and Conditions of Service may not apply to you, and you may have additional rights than those contained herein.

Subject to the FCH Network Privacy Policy found at https://fch.network/privacy-policy/, you acknowledge and agree that FCH Network reserve its respective rights to analyse transactional data, anonymously and in aggregate, for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the FCH Network services. Any transactional data so analysed will be aggregated and de-identified, such that any personally identifiable information is removed. You agree that FCH Network has no liability for the misuse of your personal data by FCH Network or any of the merchandise purchased hereunder.

None of FCH Network or any of its officers, directors, employees, affiliates, suppliers, vendors or consultants will be liable for any direct, special, incidental, indirect or consequential damages, including without limitation for any lost profits or lost data, that result from the use of, or the inability to use, the FCH Network Application and Services or the performance of the products purchased through the FCH Network Application and Services, even if FCH Network has been advised of the possibility of such damages.  If FCH Network is found to be liable to you for any damage or loss which is in any way connected with your use of the FCH Network Application and Services or any merchandise, FCH Network’s liability shall not exceed EUR100.00. Some countries do not allow the above-mentioned exclusion of liability and such provisions shall be modified to the minimum extent necessary to comply with applicable law or public policy of such country. Nothing herein shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.

 

Termination

  1. Termination

These Terms and Conditions are effective on and from the time of conducting the account registration and accessing Our Application.

The User may not be bound by these Terms and Conditions from when the User delete their FCH Network account in the FCH Network Application. However, the User is still responsible for any use or misuse up until that point in time, also after an account has been deleted.

FCH Network may terminate any User account according to these Terms and Conditions if (i) the User has breached any provision which stated in this Terms and Conditions and/or (ii) FCH Network is required to do so by law and/or regulation.

 

General

  1. Force Majeure

FCH Network shall not be liable to the User or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing/executing or any failure to perform the Services if the delay or failure was due to any cause beyond FCH Network’ reasonable control.   Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond FCH Network’ reasonable control: Act of God, explosion; flood  tempest fire or accident; war or threat of war, sabotage; insurrection civil disturbance or requisition; acts restrictions, regulations, bye-laws,  prohibitions or measures of any kind on the part of any governmental parliamentary or local authority; interruption of traffic, strikes lock-outs or other industrial actions or trade disputes; interruption of production or operation, difficulties in obtaining raw materials labour  fuel parts or machinery; power failure or breakdown in machinery.

  1. Indemnification

You agree to release, discharge, indemnify and hold harmless FCH Network, its affiliates, shareholders, directors, employees, sub-contractors, suppliers, agents from any form of losses, claims and/or lawsuits, including attorney’s fees, arising out of or related to your violation of this Terms and Conditions and/or any other policy stipulated by FCH Network.

  1. Applicable Law

This Terms and Conditions and/or any other policy issued by FCH Network are governed by and shall be construed in accordance with the laws of Singapore and User’s respective law. You agree that any legal action or dispute that may arise and/or related to the use of the Platform shall be resolved exclusively within the jurisdiction of Singapore Courts.

  1. Severability

If one or more of these Terms and Conditions would be or is declared invalid, illegal or unenforceable under any applicable law or court decision, the remaining provisions contained herein shall not be affected or impaired in any way and will remain valid, enforceable and legally binding on the Parties.

  1. Contact

If you have any feedback, questions, or complaints, contact us via our Customer Support or any publicized Customer Support email accounts provided in the FCH Network Application or on any of our websites.

When you contact us, please provide us with your name, address, account identifier and any other information we may need to identify you, your FCH Network Account, and the FCH Network Service(s) on which you have feedback, questions, or complaints.

  1. Disclaimer

The information included in these Terms & Conditions or on any FCH Network website(s) does not constitute legal, financial or investment advice and is not intended as a recommendation for buying, trading or selling crypto assets. It is recommended to seek advice from legal and financial experts before starting buying, trading or selling crypto assets. FCH LABS S.R.O. and all other companies mentioned in these Terms & Conditions or on our websites will not be responsible for the consequences of reliance upon any opinion or statement contained herein or for any omission.

Note that crypto assets are volatile. You should be fully aware of the level of risk involved before trading. Any loss of data, crypto assets or profit is your sole responsibility.

Please note that you are solely responsible for the way you use, store, and back up your information and data relating to any crypto assets in connection with the Products.

You shall ensure that your use of FCH Network hardware and software products is compliant with the laws and regulations of your country of residence.