Terms And Conditions


Terms & Conditions

Last Updated: [06-03-2022]

 

This end-user agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of SuperPad service or products. Be aware that this Agreement constitutes a legally binding agreement between you and SuperPad (referred to herein as "SuperPad", "us" or "we") which owns and operates the website on the Internet and the Service at https://superpad.finance (the "Service"). By accessing or using the site or SuperPad Services, you agree that you have read, understood, and agree to be bound by this agreement.

 

1. General Conditions of use

 

1.1. By signing up to use an Account through any of the SuperPad Clients’ social websites made available through the SuperPad Platform, you agree to comply with and be legally bound by this Agreement. If you do not agree to any of the terms set forth in this Agreement or any subsequent modification to the Agreement, you may not access or use any of the SuperPad Services and must cancel your SuperPad Account immediately.

1.2. We may amend or modify this Agreement by posting such amended or modified Agreement (“Revised Agreement”) on the SuperPad Platform or by notifying you about the changes via email. By continuing to access or use the SuperPad Services once the Revised Agreement is effective, you agree to be bound by its terms.

1.3. To be eligible to use the SuperPad Services, you must be at least 18 years old (or the applicable age of majority and contractual capacity in each qualifying jurisdiction). By accessing or using the SuperPad Services you represent and warrant that you are 18 or older.

1.4. SuperPad disclaims any and all warranties, expressed or implied, in connection with the service which is provided to you "as is" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness, or accuracy.

1.5. The term "SuperPad", its domain names and any other trademarks, or service marks used by SuperPad as part of the Service (the "Trademarks"), are solely owned by SuperPad. In addition, all content on the website, including, but not limited to, the images, pictures, graphics, photographs, animations, videos, music, audio, and text (the "Site Content") belongs to SuperPad and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service, you obtain no rights in the Site Content and/or the Trademarks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without SuperPad prior written consent. Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights of SuperPad.

 

2. Authority/Terms of Service

 

You agree to the rules of the Service provided and described on the https://superpad.finance website. SuperPad retains all authority over the issuing, maintenance, and closing of the Service. The decision of SuperPad management, concerning any use of the Service, or dispute resolution, is final and shall not be open to review or appeal.

 

3. Your Representations and Warranties

 

Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant, and agree that:

3.1. There is a risk of losing cryptocurrency & other funds of value when using the Service and SuperPad has no responsibility to you for any such loss;

3.2. Your use of the Service is at your sole option, discretion, and risk. You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that SuperPad shall have absolutely no liability in this regard.

3.3. You are solely responsible for any applicable taxes which may be payable on cryptocurrency traded or transacted by you through your using the Service;

3.4. Any cryptographic tokens, blockchain technology, or distributed ledger technology-related projects are new and relatively untested, and outside of both our and our Clients’ exclusive control. Any adverse changes in market forces, technology, and regulatory environment impacting our performance under this Agreement shall absolve us from responsibility in this regard, including but not limited to hacking attacks, possible theft, unfavorable regulatory action, or unclear legal/tax status of cryptographic tokens.

3.5. (i) You are eighteen years of age or older, (ii) you are of the age of majority in your jurisdiction, (iii) you are accessing the Service from a jurisdiction in which it is legal to do so, (iv) your use of the Services is not prohibited by applicable law, and at all times compliant with applicable law; and (v) you are solely responsible for use of the Services and, if applicable, for all activities that occur on or through your User Account.

 

4. Prohibited Uses & Termination

 

Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:

 

        1. PERSONAL USE. The Service is intended solely for the User’s personal use. The User is only allowed to use the Service for personal use, and may not create multiple accounts, including for the purpose of collusion and/or abuse          of service.

 

        2. EXPLOITS & BUGS. The Service is provided as is, and any exploitation of the Service or errors in program logic and/or code (bugs) constitutes a Prohibited Use and a material breach of this Agreement. Any funds the user may              misappropriate in this manner pursuant to this clause shall be considered void and the immediate property of Superpad, without limit.

 

       3. JURISDICTIONS. Persons located in or residents of the United States, North Korea, Iran, Venezuela or any other jurisdiction in which it is prohibited from using the Service (the ”Prohibited Jurisdictions”) are not permitted to make           use of the Service. For the avoidance of doubt, the foregoing restrictions on Service from Prohibited Jurisdictions applies equally to residents and citizens of other nations while located in a Prohibited Jurisdiction. Any attempt to                 circumvent the restrictions on usage by any persons located in a Prohibited Jurisdiction or Restricted Jurisdiction, is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information         used by SuperPad to identify your location and providing SuperPad with false or misleading information regarding your location or place of residence.

 

We reserve the right to (a) modify or discontinue any portion of the SuperPad Services, and (b) suspend or terminate your access to the SuperPad Services, at any time, and from time to time, without notice to you in certain, limited circumstances described herein. You agree that we shall not be liable to you or any third party for any modification or termination of the SuperPad Services, or suspension or termination of your access to the SuperPad Services, except to the extent otherwise expressly set forth herein.

Any and all monies (including cryptocurrencies) of a person located in a Prohibited Jurisdiction on the Service are VOID, and can be confiscated or may be returned to the person at SuperPad sole discretion.

 

5. Know your Customer (“KYC”) and Anti-Money Laundering (AML) Policy

 

SuperPad is a permissionless and fully decentralised platform for token sales. As a software development company, SuperPad has no role in enforcing KYC by default, however we do provide such tools for fundraising entities using SuperPad to enforce on their users, if the entities choose to do so. The use of KYC/AML tools on SuperPad by fundraising entities using the Service is completely at the discretion of said entities.

Although SuperPad makes no warranty as to the merit, legality or juridical nature of any token (including whether or not it is considered a security or financial instrument under any applicable Securities Laws), token sale or fundraiser on top of SuperPad, we nonetheless understand the need of some token projects to require KYC/AML on their token sale participants.

Therefore, and at the sole behest of fundraising entities and/or competent regulatory authorities:

SuperPad reserves the right, at any time, to ask for any KYC documentation it deems necessary to determine the identity and location of a User. SuperPad reserves the right to restrict service and payment until identity is sufficiently determined.

SuperPad further reserves the right to share submitted KYC information and documentation to 3rd parties to verify the authenticity of submitted information, and the end user (you) agree to this by using the Service.


SuperPad reserves the right to confiscate any and all funds that are found to be in violation of relevant and applicable anti-money laundering (AML) and countering terrorism financing (CFT) laws and regulations, and to cooperate with the competent authorities when and if necessary.

 

6. Retention of Intellectual Property Rights of SuperPad Platform and SuperPad clients

 

The SuperPad Platform and all SuperPad Services, including their design elements or concepts and any underlying intellectual property, including, but not limited to, all trademarks, are the property of SuperPad and/or SuperPad Customers (as applicable), and are protected by copyright, patent, trade secret, and other intellectual property laws.

SuperPad and SuperPad Clients retain any and all rights, title, and interest in and to SuperPad Platform and SuperPad Services (including, without limitation, all intellectual property rights), including all copies, modifications, extensions, and derivative works thereof. Your right to use the SuperPad Platform and SuperPad Services is limited to the rights expressly granted in these Terms. Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to SuperPad or any third party’s intellectual rights.

You may not: Copy, create derivative works, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the SuperPad website or the Service; or Use the Service that in any way is prohibited by applicable laws or regulations (each of the above herein defined as an "Unauthorized Use"). You agree that you will be solely responsible for any damage, costs, or expenses arising out of or in connection with any unauthorized use by you

 

7. Jurisdiction and Governing Law

 

The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the India. You irrevocably agree that, subject as provided below, the courts of the India shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of SuperPad to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

 

8. Third-party services

 

The Services may include services, content, and information owned, made available, or otherwise licensed by a third party (“Third-Party Services”) or contain links to Third Party Services. You understand that Third-Party Services are the responsibility of the third party that created or provided it and acknowledges that the use of such Third Party Services is solely at your own risk.

SuperPad makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including its accuracy or completeness.

All intellectual property rights in and to Third-Party Services are the property of the respective third parties.

 

9. Breach

 

9.1. Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, SuperPad reserves the right to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User and/or taking legal action against such User.

9.2. You agree to indemnify and hold harmless SuperPad, its affiliates, subsidiaries, licensors, and their respective directors, officers, members, managers, employees, and agents from and against any and all claims and expenses arising out of your use of the Services, a breach of any provision of these Terms by you or any person using the Services on your behalf, a breach by you of any applicable laws, or any third-party claim to the extent arising from or connected with an allegation that your use of the Services in accordance with these Terms infringes any rights of a third party.

 

10. Force Majeure

 

SuperPad shall have no liability for 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, the act of civil or military authorities, the act of terrorists, civil disturbance, war, strike or other labor 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 and shall not affect the validity and enforceability of any remaining provisions.

9.2. You agree to indemnify and hold harmless SuperPad, its affiliates, subsidiaries, licensors, and their respective directors, officers, members, managers, employees, and agents from and against any and all claims and expenses arising out of your use of the Services, a breach of any provision of these Terms by you or any person using the Services on your behalf, a breach by you of any applicable laws, or any third-party claim to the extent arising from or connected with an allegation that your use of the Services in accordance with these Terms infringes any rights of a third party.

 

11. Miscellaneous

 

11.1. Severability: If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

11.2. Assignment: SuperPad reserves the right to assign this Agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.

11.3. Third-Party Rights: Unless expressly provided to the contrary in this Agreement, a person who is not a party to this Agreement has no right to enforce or to enjoy the benefit of any term of this Agreement. Notwithstanding any term of this Agreement, no consent of any party who is not a party to this Agreement shall be required for the waiver, variation, or termination of any part of this Agreement.

11.4. Support and Notice: All notices, requests, demands, and determinations for SuperPad under these Terms (other than routine operational communications) shall be sent to [Support@superpad.finance].

 

12. Severability

 

If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

 

13. Assignment

 

SuperPad reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.

 

14. Cryptocurrency

 

  • Cryptocurrency values can fluctuate greatly in value depending on market condtions.
  • The user Warrants that it is aware of the volatile nature of cryptocurrencies and holds superpad harmless for any loss or damages arising from such volatility.