Terms & Conditions
Last Update: February 14, 2024
PLEASE MAKE SURE YOU FULLY READ AND UNDERSTAND THESE TERMS AND KEEP THEM FOR FUTURE REFERENCE. THESE TERMS INCLUDE A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS AND AN AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REFER TO CLAUSE 16 FOR ADDITIONAL DETAILS.
1 Introduction.
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The Solum Global App Services (described below) are provided to you by Solum Global, Inc., a Floridacorporation (together with its Affiliates, “Solum"), and/or the relevant Affiliate(s) providing services in your areafor the particular service or services you access. These Terms supersede and override all prior terms andconditions and agreements pertaining to your use of the Solum Global App Services; provided, however, that these Terms do not change the identity of the Solum Global entity or entities that provide(s) services toyou.
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These terms and conditions ("Terms" or "T&Cs"), together with any attached country annexes, product schedules, and/or Addenda (together "Annexes") (if any), each of which Annexes may be updated from time to time independently of these T&Cs, will apply to your use of the Solum Global App Services. Please take the time to read and understand these Terms before using our services so that you are aware of your legalrights and obligations. In the event of any conflict or inconsistency between these Terms and any Annex,including, but not limited to, provisions related to governing law and forum, arbitration, class waivers, anddispute resolution, these Terms shall prevail and control, except where an Annex expressly overrides theseTerms with specific reference to this Clause 1.2.
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We reserve the right to change or modify any of the terms and conditions contained in the Terms or anypolicy governing the use of Solum Global App Services at any time and in our sole discretion. Any changes ormodifications will be effective immediately upon posting of the revisions, and you waive any right you may haveto receive specific notice of such changes or modifications. Your continued use of the Solum Global AppServices following the posting of changes or modifications will confirm your acceptance of such changes ormodifications.
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Acceptance of Terms. Your acceptance of the Terms occurs when you take the earliest of any of the following actions: (i) signing up for a Solum Global account or any aspect, part, or component of the Solum Global App Services; (ii) using the Solum Global App or App Services; (iii) receiving the Terms, or notice of theTerms, whether by email, in the Solum Global App, via our website, or by any other means not inconsistent with the electronic delivery provisions set forth in these Terms; (iv) giving Solum Global a written or electronicsignature, clicking “I accept” or “I agree” to be bound as applicable; or (v) installing, using, updating, orotherwise interacting with your Solum Global App. Upon taking any of the foregoing actions, you shall bedeemed to have entered into abinding contract with us and shall be deemed to have expressly read, understood and agreed to be bound bythese Terms.
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Without limiting, abridging, or modifying the foregoing Acceptance of Terms, by using the Solum Global App Services and/or completing the sign-up process, you acknowledge that you are entering into a bindingcontract with us and shall be deemed to have expressly read, understood and agreed to be bound by theseTerms.
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Definitions and Interpretation. In these Terms:
“AAA Rules” shall have the meaning ascribed to the term in Clause 16.4;
"Applicable Law" means any law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial ordepartmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in forceat any time which applies to or is otherwise intended to govern or regulate any person (including all parties tothese Terms), property, transaction, activity, event or other matter, including any rule, order, judgment,directive or other requirement or guideline issued by any governmental or regulatory authority;
"Affiliate" means a person, entity or company directly or indirectly, controlling, controlled by or under direct orindirect common control with another person, entity or company;
"Annex" or “Annexes” shall have the meaning ascribed to the term in Clause 1.2; "Clause" means each numbered provision or section of these T&Cs;
“Customer Data” shall have the meaning ascribed to it in Clause 11.2;
"CRO" means the utility token that is the native token of the Cronos Chain, represented by the ticker symbol CROas of the date hereof;
"Solum Global App" means the mobile application software developed, owned and released by Solum Global and available for download for Android or Apple iOS, including all content and services listed inClause 2.1 and made available on or through the same, and any and all updates, upgrades, supplements, releases and versions thereof;
"Solum Global App Services" or "Services" refers to the Service Content and all related features, services, content and applications, described in Clause 2.1, which Solum Global may make available to youon the Solum Global App and Site from time to time in respect of your Digital Assets. The Solum Global App Services shall specifically comprise the services set forth in Clause 2.1.
"CSCs" means the stable coins offered by Solum Global for use on the Solum Global App;
"Digital Asset" or “DA” means cryptographic tokens, digital currencies, cryptocurrencies, coins, or virtualcurrencies, or digital assets of any types that have been approved by Solum Global for support in the DigitalAsset Wallet;
"Digital Asset Conversion" shall have the meaning ascribed to the term in Clause 2.4; "Digital Asset Transfer" shall have the meaning ascribed to the term in Clause 2.5;
"Digital Asset Wallet" means any and each hosted Digital Asset wallet provided by Solum Global, as maybe offered through the Solum Global App Services from time to time, either upon opening an account orthereafter;
"Enabled Device" means each communications, computing, or other device or account registered by youor otherwise used by you, regardless of whether you own such device, for use in connection with the Solum Global App and Solum Global App Services, including but not limited to your computer, mobile phone, emailaccount, and phone number;
"Erroneous Top-up Instruction(s)" shall have the meaning ascribed to the term in Addendum 1;
"Erroneous Withdrawal Instruction(s)" shall have the meaning ascribed to the term in of Addendum 1;
“FAA” shall have the meaning ascribed to the term in Clause 16.5;
"Fees" means all fees imposed by us for the use of the Solum Global App Services and/or Digital AssetWallet;
"Force Majeure Event" means an event or failure which is beyond our reasonable control including, without limitation, (i) acts of God, nature (including without limitation, natural disasters, epidemics and pandemics),court or domestic or foreign governmental authorities;
(ii) failure or interruption in public or private telecommunication networks, communication channels orinformation systems; (iii) acts or omissions of acts of a party for whom we are not responsible; (iv) delay, failureor interruption in, or unavailability of, third party services and sites; (v) strikes, lockouts, labor disputes, wars,civil unrest, terrorist acts and riots; (vi) viruses, malwares, other malicious computer codes or the hacking of any part of the Solum Global App Services;
"Fork" means changes in operating rules of the underlying protocols of a Digital Asset that may result in:(a) more than one version of that Digital Asset; (b) material changes in the value, function, and/or the name ofa Digital Asset; and/or (c) Solum Global holding an amount (which may be an identical amount) of Digital Assetsassociated with each forked network, in each case as determined by us in our sole discretion.
"Forked Network" shall have the meaning ascribed to the term in Clause 4.3.1.1;
"Instructions" means all information, instructions, communications, orders or messages (including those relating to payments, transfers or other transactions) referable to you;
"Lockup" or "Lock up" means the holding of any Digital Assets in your account for an agreed period of time;
“New Forked Asset” shall have the meaning ascribed to the term in Clause 4.3.1.1; “Notice”shall have the meaning ascribed to the term in Clause 16.4;
“Personal Data" means any information relating to an identified or identifiable natural person; an identifiablenatural person is one who can be identified, directly or indirectly, in particular by reference to an identifier suchas a name, an identification number, location data, an online identifier or to one or more factors specific to thephysical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
“Prior Asset” shall have the meaning ascribed to the term in Clause 4.3.1.1 "Privacy Notice" shallhave the meaning ascribed to the term in Clause 7.5.1; "Security" shall have the meaning ascribed to the term in Clause 12.8;
"Service Content" means data, information, materials, advertisements, text, audio, video, graphics, softwareand other content on the Site and Solum Global App;
"Site" means the website at www.solumglobal.io and all related components;
"Terms" or "Terms and Conditions" or "T&Cs" shall have the meaning ascribed to the term in Clause 1.2;
"Trademarks" shall have the meaning ascribed to the term in Clause 11.1.1); "Transaction" shall have the meaning ascribed to the term in Clause 10.1;
"Transaction History" means records of all transactions and any details relevant to such transactions on yourDigital Asset Wallet or the Solum Global App or Site generally;
"Unsupported Forked Network" shall have the meaning ascribed to the term in Clause 4.3.1.1;"we/us/our" means Solum Global, and
"you/your" means, the individual who is the user of the Services.