Terms of Service

FLYP.ME TERMS OF SERVICE

Last Revised: June 15, 2017
By accessing or using the Flyp.me Platform, API or website also located at https://flyp.me (the “Site”) and any services made available through the Site (collectively, the “Services”), you (“User”) agree to be bound by these Terms of Service (“Terms”). The Services are owned and controlled by HolyTransaction Ltd., a UK company (“HolyTransaction”), and the terms “we,” “us,” and “our” refer to HolyTransaction Ltd. These Terms affect your legal rights and obligations. If you do not agree to be bound by these Terms, do not access or use the Services.
Flyp.me Platform is a Project under full ownership and control of HolyTransaction.

HolyTransaction and th Flyp.me Project reserve the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Site, at any time and at its sole discretion. We will provide notice of these changes by posting the revised Terms to the Site and changing the "Last Revised" date at the top of the Terms, or by emailing users at their provided email addresses, or by any other means as determined by Flyp.me. The decision of which notification chosen will be left to Flyp.me’s sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances. Any changes or modifications will be effective immediately upon posting the revisions to the Site or at the instant that Flyp.me transmits the information to the users (e.g. via email). These changes will apply at that instant to all then current and subsequent uses of the Site. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site acts as acceptance of such changes or modifications. If you do not agree to the Terms in effect when you access or use the Site, you must stop using the Site.

DESCRIPTION OF SERVICES
Flyp.me provides an online tool (the “Platform”) that (a) enable users to exchange cryptocurrencies in an automated and accountless way (b) facilitates the submission of Cryptocurrency transaction requests to the Cryptocurrency network without requiring the user to personally download and install the associated Cryptocurrency network software and convert them between a number of different cryptocurrencies. (c) shares part of the fees profits with the owners of FYP Tokens

0. NO STORAGE OR TRANSMISSION OF CRYPTOCURRENCY
Cryptocurrency are an intangible asset, they exist only by virtue of the ownership record maintained in the Cryptocurrency network. The Services do not store, send or receive cryptocurrencies. Any transfer of title in cryptocurrencies occurs within the decentralized Cryptocurrency network and not within the Service.

1. ELIGIBILITY
By accessing or using the Platform, you represent and warrant that you have not previously been suspended or removed from the Platform. You also represent and warrant that you are not a citizen nor resident of the United States of America. You represent and warrant that you are not: (a) located in, under the control of, or a national or resident of any country to which the United Kingdom has embargoed goods or services. You further represent and warrant that you will not use the Platform if the laws of your country prohibit you from doing so in accordance with these Terms. Finally, you represent and warrant that you will not be using this Platform for any illegal activity, including but not limited to money laundering and the financing of terrorism.

3. RELATIONSHIP
HolyTransaction and Flyp.me are independent contractors for all purposes, and is not your agent or trustee.

4. ACCURACY OF INFORMATION
You represent and warrant that any information you provide via the Services is accurate and complete. You acknowledge and agree that Flyp.me is not responsible for any errors or omissions that you make in connection with any Bitcoin or cryptocurrency transaction initiated via the Services. For instance, if you mistype a wallet address or otherwise provide incorrect information in connection with any transaction request to send bitcoins via the Service, the bitcoins will be sent to whatever wallet address or information you provide. We strongly encourage you to review your transaction request details carefully before completing any transaction requests via the Services

5. CONFIDENTIALITY OF THE TRANSMISSION OF INFORMATION OVER THE INTERNET
The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not one hundred percent secure, and is subject to possible loss, interception, or alteration while in transit. Accordingly, Flyp.me does not assume any liability, without limitation, for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions involving the Platform or e-mail with Flyp.me containing your personal information. While Flyp.me will take commercially reasonable efforts to safeguard the privacy of the information you provide to Flyp.me and will treat such information in accordance with Flyp.me's Privacy Policy, in no event will the information you provide to Flyp.me be deemed to be confidential, create any fiduciary obligations for Flyp.me, or result in any liability for Flyp.me in the event that such information is negligently released by Flyp.me or accessed by third parties without Flyp.me's consent.

6. FLYP.ME DOES NOT PROVIDE INVESTING ADVICE
We are an execution-only service and do not advise on the merits of any particular transactions or their taxation consequences. In entering into any transaction on the Platform, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risks of the transaction. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction. We give you no warranty as to the suitability of the cryptocurrencies traded under these Terms and assume no fiduciary duty in our relations with you.

If at any point Flyp.me or its representatives do provide trading recommendations, market commentary, or any other information, the act of doing so is incidental to your relationship with us and imposes no obligation of truth or due diligence on behalf of Flyp.me or its representatives. We give no representation, warranty, or guarantee as to the accuracy or completeness of any such information or as to the tax consequences of any transaction.

7. CRYPTOCURRENCY TRANSACTIONS REQUESTS
All proposed Cryptocurrency transactions must be confirmed and recorded in the "Cryptocurrency" public ledger via the "Cryptocurrency" distributed consensus network (“Verification Network”), which is not owned, controlled or operated by Flyp.me. The Services help you submit your Cryptocurrency transaction request for confirmation to the Verification Network. However, the Cryptocurrency network, including the Verification Network, is operated by a decentralized network of independent third parties. Flyp.me has no control over the Cryptocurrency network, including the Verification Network, and therefore cannot and does not ensure that any transaction request you submit via the Services will be confirmed via the Verification Network. You acknowledge and agree that the transaction requests you submit via the Services may not be completed, or may be substantially delayed, by the Verification Network. When you complete a transaction request via the Services, you authorize us to submit your transaction request to the Verification Network in accordance with the instructions you provide via the Services.

As part of the services offered in connection with Flyp.me, Flyp.me can help you submit your Cryptocurrency transaction request for confirmation to the Verification Network, and receive cryptocurrency from third parties pursuant to instructions you provide through Flyp.me (each such transaction is a "Cryptocurrency Transaction"). You may initiate a Cryptocurrency Transaction by going to Flyp.me, choosing to send and entering the requisite information regarding the sender or recipient and the amount of cryptocurrency to be transferred. Flyp.me will submit your transaction request to the Verification Network on your behalf, as necessary, to facilitate each Cryptocurrency Transaction in accordance with these instructions.

Once submitted to cryptocurrency network, a Cryptocurrency Transaction will be unconfirmed for a period of time (usually less than one hour, but up to one day or more) pending sufficient confirmation of the transaction by the cryptocurrency network. A transaction is not complete while it is in a pending state. Cryptocurrency associated with transactions that are in a pending state will be designated accordingly, and will not be included in your Flyp.me balance or be available to conduct transactions.

Flyp.me reserves the right to refuse to process or to cancel any pending Cryptocurrency Transaction as required by law or in response to a subpoena, court order, or other binding government order. Flyp.me cannot reverse a Cryptocurrency Transaction which has been communicated to and confirmed by the Cryptocurrency network.

Flyp.me has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party. Flyp.me is not responsible for ensuring that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with cryptocurrency transferred using Flyp.me, or if you have a dispute with such third party, you must handle it directly with that third party. Any Cryptocurrency Transaction conducted using Flyp.me is final regardless of any defects in or non-delivery of any goods or services purchased in connection with such Cryptocurrency Transaction, or any other aspect of your transaction or relationship with the relevant third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, of if you cannot adequately resolve a dispute with a third party, you may notify Flyp.me Support so that we may consider whether to take any action.

Flyp.me process Cryptocurrency Transaction according to the instructions received from its users and we do not guarantee the identity of any user, receiver, requestee or other party. You should verify all transaction information prior to submitting instructions to Flyp.me as the relevant Cryptocurrency Transaction may not be cancelled or reversed once initiated.

If you initiate a Cryptocurrency Transaction by entering the recipient's cryptocurrency address, Flyp.me will confirm that the cryptocurrency address is valid; however, Flyp.me cannot confirm that the cryptocurrency address belongs to the intended recipient.

The risk of loss in trading or holding cryptocurrency can be substantial. You should therefore carefully consider whether trading or holding cryptocurrency is suitable for you in light of your financial condition. In considering whether to trade or hold cryptocurrency, you should be aware that the price or value of cryptocurrency can change rapidly, decrease, and potentially even fall to zero.

Pursuant to Section 27 below, you agree that any disputes between you and Flyp.me will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

8. NO CANCELLATIONS OR MODIFICATIONS
Once a transaction request has been submitted to the Cryptocurrency Verification Network via the Services, the Verification Network will automatically complete or reject the request and you will not be able to cancel or otherwise modify your transaction request. Flyp.me has no control over the Cryptocurrency Verification Network and does not have the ability to facilitate any cancellation or modification requests. As a result, all transaction requests initiated via the Services are irreversible.

9. LIMITED LICENSE
Flyp.me grants you a limited, nonexclusive, nontransferable license, subject to these Terms, to access and use the Services, and the content, materials, information and functionality available in connection therewith (collectively, the “Content”) solely for information, transactional, or other approved purposes as permitted by Flyp.me from time to time. Any other use of the Services or Content is expressly prohibited. All other rights in the Platform or Content are reserved by us and our licensors. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any other part of the Services or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Site or Content (or any portion thereof) as part of any other web site or any other work of authorship without the prior written permission of Flyp.me. If you violate any portion of these Terms, your permission to access and use the Platform may be terminated pursuant to these Terms. In addition, we reserve the right to all remedies available at law and in equity for any such violation. “Flyp.me”, “Flyp”, “FlypMe” and all logos related to the Services or displayed on the Site or Platform are either trademarks or registered marks of HolyTransaction or its licensor. You may not copy, imitate or use them without HolyTransaction’s prior written consent.

10. 51% AND OTHER CRYPTOCURRENCY ATTACKS
Flyp.me makes every commercially reasonable attempt to help prevent and mitigate cryptocurrency attacks. If Flyp.me is able to confirm that a cryptocurrency active on the Platform has been compromised or is under attack, Flyp.me may immediately halt trading, deposits, and withdrawals for such cryptocurrency. If it is determined that such an attack caused the cryptocurrency to greatly decrease in value, Flyp.me may discontinue trade activity on such cryptocurrency entirely. Resolutions concerning deposits, withdrawals, and user balances for an attacked cryptocurrency will be determined on a case-by-case basis. Flyp.me makes no representation and does not warrant the safety of the Platform and is not liable for any lost value or stolen property, whether or not Flyp.me was negligent in providing the proper security.

11. TAXES
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions associated with your receipt or transfer of cryptocurrency, and/or to the Cryptocurrency Transactions you conduct through Flyp.me, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.

12. PLATFORM FEES
The Platform charges fees for its Services and may also charge fees for additional Services. Any applicable fees will be displayed in each Service.

13. THIRD PARTY CONTENT
Flyp.me and its users may provide third party content on the Site and may provide links to web pages and content that are not owned or controlled by HolyTransaction (collectively the "Third Party Content") as a service to those interested in this information. Flyp.me does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to its accuracy or completeness. You acknowledge and agree that Flyp.me is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. You acknowledge that your use of such Third Party Content is at your own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties. Flyp.me is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Site.

14. COPYRIGHT OF FEEDBACK MATERIALS
You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding Flyp.me or the Services (collectively, "Feedback") that are provided by you, whether by email, posting to the Site or otherwise, are non-confidential and will become the sole property of Flyp.me. Flyp.me will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

15. USER CONDUCT AND OBLIGATIONS
In connection with your use of the Services, you will not:

Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your use of the Services; Provide false, inaccurate or misleading information; Infringe upon Flyp.me’s or any third party’s copyright, patent, trademark, or intellectual property rights; Distribute unsolicited or unauthorized advertising or promotional material, any junk mail, spam, or chain letters; Reverse engineer or disassemble any aspect of the Site or Services in an effort to access any source code, underlying ideas and concepts, and algorithms; Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; Transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; Otherwise attempt to gain unauthorized access to the Site, computer systems or networks connected to the Site or Platform, through password mining or any other means; or Transfer any rights granted to you under these Terms.

16. TRANSFERABILITY
Flyp.me and Holytransaction shall have the right to transfer, assign, or sell all the rights, benefits, or obligations to any person and these Terms shall continue to be in force and effect for the benefit of the successors and assigns of Flyp.me or HolyTransaction.

17. ELECTRONIC TRADING TERMS
A transaction on the Platform may fail for several reasons, including but not limited to change in seller prices, insufficient margin, unspecified lot size or unanticipated technical difficulties. We make no representation or warrant that any transaction will be executed properly. Flyp.me is under no circumstances liable for any loss or injury suffered by a failure of a transaction to complete properly. Further, Flyp.me is in no way responsible for notifying you of a transaction failure. The User has full responsibility to determine and inquire into the failure of any transaction the User initiates.

In the event that you receive any data, information or software other than that which you are entitled to receive pursuant to these Terms, you will immediately notify us and will not use, in any way whatsoever, such data, information or software. If you request a withdrawal of funds from your Account and we cannot comply with it without closing some part of your open positions, we will not comply with the request until you have closed sufficient positions to allow you to make the withdrawal.

We shall be entitled to act for you upon instructions given by or purporting to be given by you or any person authorized on your behalf without further inquiry as to the genuineness, authority, or identity of the person giving or purporting to give such instructions, provided such instruction is accompanied by correct information about your Account.

18. PERMANENT WITHDRAWAL OF SERVICE
Flyp.me may (a) suspend or terminate your access to the Services, and (b) deactivate or cancel your access to it as required by a valid subpoena or court order, or if Flyp.me reasonably suspects you of using the Platform in furtherance of illegal activity. If any transaction is in a pending state at the time your access is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate. In the event that you or Flyp.me terminates this agreement or you access to the Services, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or account errors, Flyp.me may temporarily suspend access to the Platform until the problem is resolved.

19. OWNERSHIP OF FUNDS
You hereby certify to us that any funds used by you in connection with the Platform are either owned by you or that you are validly authorized to carry out transactions using such funds, and that all transactions initiated directly or indirectly by you are for your own account and not on behalf of any other person or entity.

20. TRANSACTIONS WITH FLYP.ME
When exchanging cryptocurrency through the API or Accountless Exchange Service or the Platform, you are buying from, or selling to, Flyp.me directly. Flyp.me does not act as an intermediary or marketplace between other buyers and sellers of cryptocurrency. Flyp.me is subject to the Flyp.me "Exchange Rate." "Exchange Rate" means the liquidity adjusted price of a given cryptocurrency amount in terms of currency or cryptocurrency as quoted on the Flyp.me Site. For the purpose of any transaction which incorporates the Exchange Rate, you agree, as a condition of using any Flyp.me Services, to accept the Exchange Rate as the sole conversion metric.

21. CRYPTOCURRENCY CONVERSION
By using the Platform, you may exchange among cryptocurrencies supported by Flyp.me (subject to applicable transaction limits). Flyp.me will deduct specified amount of cryptocurrency that you are exchanging from Flyp.me. In most cases exchange transactions will be executed immediately. If Flyp.me does not have requested funds available, it may take some time to execute transaction. Amount of time depends on transaction size. Once your cryptocurrency exchange request is submited with Flyp.me, such transaction cannot be cancelled, reversed or changed. Flyp.me will use good faith efforts to fulfill any exchange request with the Exchange Rate quoted on the Flyp.me website at the time of order placement.

22. REFUND POLICY
Given the irreversibility of cryptocurrency transactions, we cannot provide refund or return on any transaction or exchange order.

23. INDEMNIFICATION
You agree to indemnify, defend and hold Flyp.me, HolyTransaction, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees, and representatives, harmless from any claim or demand (including attorneys’ fees and costs and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of these Terms, (ii) your use of Services, or (iii) your violation of any law, rule, or regulation, or the rights of any third party.

24. DISCLAIMER OF WARRANTEES
FLYP.ME PROVIDES NO GUARANTEE AS TO THE PERFORMANCE OR THE UNINTERRUPTED AVAILABILITY OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FLYP.ME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. FLYP.ME DOES NOT REPRESENT OR WARRANT THAT THE SERVICES AND THE INFORMATION CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FLYP.ME WILL MAKE REASONABLE EFFORTS TO ENSURE THAT TRANSACTIONS ON THE PLATFORM ARE PROCESSED IN A TIMELY FASHION, BUT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESEPCT TO THE AMOUNT OF TIME NEEDED TO PROCESS SUCH TRANSACTIONS. BECAUSE CRYPTOCURRENCY TRANSFERS ON AND OFF THE PLATFORM ARE DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL, FLYP.ME MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUCCESS OF, OR THE AMOUNT OF TIME NEEDED FOR, CRYPTOCURRENCY TRANSACTIONS.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

25. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLYP.ME SHALL HAVE NO LIABILITY FOR ANY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR TORT DAMAGES, OR LOST PROFITS) IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF FLYP.ME HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FLYP.ME'S LIABILITY FOR MONEY DAMAGES UNDER THESE TERMS EXCEED THE AMOUNT OF FEES RECEIVED FROM YOU DURING THE PRECEDING SIX (6) MONTH PERIOD.

26. APPLICABLE LAW AND VENUE
These Terms and your use of the Services will be governed by and construed in accordance with the laws of the United Kingdom, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms not subject to arbitration (as set forth below), will be filed only in the United Kingdom. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

27. ARBITRATION
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under your use of the Services shall be finally settled on an individual basis through confidential, binding arbitration in accordance to the rules of the Arbitration Centre of the Chamber of Commerce of the United Kingdom for arbitration of consumer-related disputes and you and Flyp.me hereby expressly waive trial by jury. The arbitration shall take place in the United Kingdom, in the English language and the arbitral decision may be enforced in any court. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys' fees. Additionally, you hereby waive your right to participate in a class action lawsuit or class-wide arbitration.

28. SURVIVAL
Sections 13 (Third Party Content), 14 (Feedback), 20 (Indemnification), 24 (Disclaimer of Warranties), 25 (Limitation on Liability), 26 (Applicable Law and Venue), 28 (Survival), 29 (Severability), and 31 (Force Majeure) will survive any termination or expiration of these Terms.

29. SEVERABILITY
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

30. INTEGRATION
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

31. FORCE MAJEURE
In addition to applicable disclaimers stated above, Flyp.me's performance under these Terms shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.

32. GOVERNING LANGUAGE AND TRANSLATIONS
You agree that these Terms, Flyp.me's Privacy Policy and other notices posted through the Services have been drafted in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.

33. QUESTIONS AND CONTACT INFORMATION
Please check the Twitter account before contacting support: flyp.me_twitter

To contact support, send us an email to support@flyp.me and open a ticket. Please, when possible, provide all relevant information, including your wallet addresses and transaction IDs if any. Although we make no representations or provide no warranties about the speed of response, we will get back to you as soon as possible, typically within 24 hours.