This Terms of Service was last updated on January 1, 2022.
Terms and Conditions
Carefully read the rules for using the Equity-gain service. By accessing or using the site, you agree
to comply with the conditions described in this document. If you do not agree to these terms,
do not use this website.
These Terms of Use (the “Terms”) apply to your access to and use of the Equity-gain website
(the “Site”).
Introduction
Equity-gain reserves the right to change or modify the terms and conditions contained in these
Terms or any other policies or guidelines on the Site, at any time and its sole discretion. We
will provide notice of these changes by posting the revised Terms on the Site and changing
the “Last edited” date at the top of the Terms, or providing other notification methods that
Equity-gain will determine at its own discretion each time. Using a specific form of notification in
some cases does not obligate us to use the same form in other cases. Any changes or
modifications will take effect immediately after the changes are posted on the Site and will
apply to your subsequent use of the Site. You waive any right you may require to receive
special notice of such changes or modifications. Your continued use of this Site will confirm
your acceptance of such changes or modifications; therefore, you must review the Terms
and the applicable policies whenever you use the Site to understand the terms and
conditions applicable to such use. The latest version of the Terms can be viewed by clicking
on the “Terms of Use” hypertext link at the bottom of our web pages. If you do not agree to
the Terms and Conditions in accessing or using the Site, you must stop using the Site.
Foreword
Equity-gain is an online tool that allows you to store, use, exchange and manage various
cryptocurrencies, such as Bitcoin, Litecoin, Dogecoin, Monero, Ethereum and others, using
our service wallets. Our Services may develop over time. This means that we may make
changes, replace or discontinue (temporarily or permanently) our Services at any time for
any reason with or without notice. In this case, you may be denied access or use of our
Services. If at our sole discretion, we decide to terminate our Services permanently, we will
notify you via our website.
User responsibilities
By accessing or using the site, you represent and warrant that you have not previously been
suspended or removed from the site. Your age should allow you to provide an official state
document identifying your identity. You can use our Services only if you can legally enter into
an agreement with these Terms and Conditions in accordance with applicable law. If you use
our Services, you agree to do so in accordance with these Terms and applicable laws and
regulations. You also represent and warrant that you will not use the Site if the laws of your
country prohibit you from doing so in accordance with these Terms.
Registration and Account
To access and use certain functions on the Site, you need to create an account in Equity-gain(“Account”). You agree to:
1. Provide accurate, current and complete information when creating or updating an
Account;
2. Maintain and timely update information about your Account;
3. Maintain the security and privacy of your credentials and restrict access to your account
and your computer;
4. Immediately notify Equity-gain if you discover or otherwise suspect any security breaches
associated with the Site;
5. Enable two-step authentication using a mobile application
6. Take responsibility for all actions that occur under your account, and assume all the risks
of unauthorized access without active two-step authentication. In no event will Equity-gain be liable
for unauthorized access to accounts with inactive two-step authentication.
Suspension and Account Closure
We may, without any obligation to you or any third party, deny you permission to open an
account, suspend your account, or terminate your account or your use of one or more of the
Services. Such actions may be taken as a result of:
- Account Inactivity ;
- Failure to identify yourself if we believe that your account has been hacked so that we can
comply with laws or regulations;
- As a result of your violation of the terms of this Agreement;
If you have cryptocurrency remaining on your account that has been suspended or closed,
you can access this cryptocurrency and bring it to the external address of the wallet (unless
prohibited by law or court order). If you are unable to log in to your account because it has
been suspended, you must contact us at
info@Equity-gain.com to process such a withdrawal.
You may terminate this Agreement at any time by closing your account and ceasing to use
the Services. Upon termination of this Agreement and your account, you continue to be
responsible for all transactions made while the account remains active.
Inactive accounts
An inactive account is defined as a user account with no login or other activity for more than
180 days. Equity-gain may, but is not required to, transfer funds from an account to a protected
“Cold Storage” account for safekeeping. When a user resumes action in an inactive account,
funds can be obtained from “Cold Storage” by contacting customer support to check and
restore the account.
Transaction limits and refunds
Equity-gain reserves the right to change the limits on deposits, withdrawals, conversions, storage
and speed in your account, as well as the availability of the Services, if we consider it
necessary. After a cryptocurrency transaction has been initiated, it cannot be canceled or
refunded.
Privacy policy
Please refer to our Privacy Policy for information on how we collect, use and share your
personal information.
Internet Data Privacy
Transmission of data or information (including e-mail) over the Internet or other public
networks is not 100% secure and may be lost, intercepted or altered during transport.
Accordingly, Equity-gain shall not be liable for any damages that you may incur or expenses that
you may incur as a result of any transmissions over the Internet or other public networks,
including without limitation of transmissions, including exchanging email with Equity-gain containing your personal data. Although Equity-gain will make commercially reasonable efforts to
protect the confidentiality of the information you provide to Equity-gain and processes such
information in accordance with the Equity-gain Privacy Policy, in no case will the information you
provide to Equity-gain be considered confidential, create any fiduciary obligations for you by Equity-gain,
or lead to any liability to you by Equity-gain in the event of inadvertent disclosure of such
information by Equity-gain or access by a third persons without the consent of Equity-gain.
Cryptocurrency transactions
Equity-gain cannot and does not guarantee the value of cryptocurrency. You acknowledge and
agree that the value of cryptocurrency is very variable and that buying, selling and storing
cryptocurrency carries a high risk. In addition, the cryptocurrency consensus network is
solely responsible for verifying and confirming the alleged transactions that you send through
the Services, and Equity-gain cannot have any influence on the transactions made on the
Blockchain network.
The cryptocurrency network is managed by a decentralized network of independent third
parties. As soon as a transaction request is sent to the cryptocurrency network through the
Services, the cryptocurrency network will automatically terminate or reject the request, and
you cannot cancel or otherwise change your transaction request. You acknowledge and
agree that Equity-gain is not responsible for any errors or omissions that you make in connection
with any cryptocurrency transaction initiated through the Services. Services help you send a
cryptocurrency transaction request for confirmation in a cryptocurrency network. However,
Equity-gain does not control the cryptocurrency network and, therefore, cannot and does not
guarantee that any transaction request you send through the Services will be executed. You
acknowledge and agree that requests for transactions that you send through the Services
may not be executed or may be significantly delayed by the cryptocurrency network. When
you execute a transaction request through the Services, you authorize us to send a
transaction request to the cryptocurrency network in accordance with the instructions that
you provide through the Services.
Third Party Applications
If you give explicit permission to a third party to connect to your account either through a
third party product or through Equity-gain, you acknowledge that granting permission to a third
party to perform certain actions on your behalf does not relieve you of any of your obligations
under this Agreement. In addition, you acknowledge and agree that you will not be
responsible for Equity-gain and will not relieve Equity-gain of any liability arising from the actions or
omissions of this third party in connection with the permissions granted by you.
API
Any natural or legal person who uses the Equity-gain programming interface (“Equity-gain API”) must
comply with the terms of this User Agreement and/or any other terms that Equity-gain may set
from time to time at its discretion. The Equity-gain API is owned by Equity-gain and is licensed to users
of the Plisoo API on a non-exclusive, non-sublicensable basis.
Changes to this Agreement
You can read the latest version of the Terms of Use on this page at any time. We reserve
the right, at our sole discretion, to update, modify or replace any part of these Terms of Use
by posting updates and changes on our website. You must periodically check our website for
changes. Your continued use or access to our website or Service after the publication of any
changes to these Terms of Service constitutes acceptance of these changes.
Force Majeure
We are not responsible for delays, malfunctions or interruptions in service, which are directly
or indirectly related to any cause or condition beyond our control, including, without
limitation, any delays or malfunctions as a result of a natural disaster, civil act or military
authorities, acts of terrorism, civil unrest, wars, strikes or other labor disputes, fires,
interruptions in telecommunications or Internet services or services of network providers,
equipment and/or software failure, other disasters or any other events that occur beyond our
reasonable control and should not affect the validity and applicability of any remaining
provisions.
Change of Management
In the event Equity-gain is acquired or merged with a third party, we reserve the right under any of
these circumstances to transfer or assign the information we received from you as part of
such a merger, acquisition, sale or other change of management.
Export controls
Equity-gain services may be subject to export control regulations in accordance with the laws of
the country where you are located. By using Equity-gain Services, you declare that you are not an
individual or a legal entity that is an individual or a legal entity that is owned or controlled by
individuals or legal entities that are:
1. The subject of any sanctions applied or applied by the US Treasury Department. The
Foreign Assets Control Department, the US State Department, the UN Security Council, the
European Union, Her Majesty’s Treasury, the Hong Kong Government, or any other
government agency with jurisdiction over Equity-gain or Equity-gain Services;
2. Identified in Prohibited Persons, Organizations, or Unverified Lists of the Bureau of
Industry and Security of the US Department of Commerce;
3. Located, organized, or reside in a country or territory that is or whose government is
subject to US economic sanctions, including but not limited to Cuba, Iran, North Korea,
Sudan, or Syria. You also declare that you will not use the Equity-gain Services to conduct any
transactions with or on behalf of any person or organization listed in clauses 1-3 above or
otherwise in violation of the law.
Equity-gain services may be subject to export control regulations in accordance with the laws of
the country where you are located. However, Equity-gain reserves the right to freeze your account
in case of a request from state regulatory authorities until further clarification of the
circumstances.
Equity-gain may cease to provide Equity-gain services to you for any reason and without prior notice if it
determines that you have violated any of the above statements. You understand and agree
that Equity-gain may be required by law to detain, deny you access and inform one or several
government agencies about your property or property interests that are in Equity-gain’s
possession or control in case of certain sanctions. These declarations and obligations
remain valid, and you agree to notify Equity-gain immediately in writing if your status changes in
accordance with any of the above conditions.
Equity-gain guarantees that your account will not be frozen if you do not violate the laws of your
country, imposed bans on the activities of individuals or legal entities and other legal aspects
related to the range of services provided by Equity-gain services.
Arbitration
PLEASE READ CAREFULLY THE FOLLOWING PARAGRAPH,
BECAUSE IT IS NECESSARY, FOR A POSSIBLE FURTHER DISPUTE
OF ACTIONS AND THE DECISIONS MADE BY Equity-gain CONNECTED
WITH YOUR ACCOUNT.
Any disagreements or claims arising in connection with these Terms or relating to them, or a
violation of these Terms must be resolved by compulsory arbitration in accordance with the
rules of net-ARB.com. The costs of the arbitration are initially borne by the party initiating the
arbitration, and then the arbitrator distributes. The decision of the arbitrator will be binding
and cannot be appealed. The decision of the court having jurisdiction may be made on the
basis of the decision of the arbitrator.
Changes to the Site
Equity-gain reserves the right to modify or discontinue the Site or any of its functions or parts
without prior notice temporarily or permanently. You agree that Equity-gain will not be liable for any
changes, suspension or termination of the Site or any part thereof.
Damages
You agree to protect, indemnify and secure Equity-gain, its independent contractors, service
providers and consultants, as well as their respective directors, employees and agents from
any claims, damages, costs, obligations and expenses (including but not limited to
reasonable attorney fees) arising from or related to:
1. Your use of the Site;
2. Any user content or feedback you provide;
3. Your violation of these Terms;
4. Your violation of any rights of another person;
5. Your behavior in connection with the site.
In some jurisdictions, consumer compensation is limited, so some or all of the above
reimbursement provisions may not apply to you. If you are obligated to indemnify us, we will
have the right, at our own discretion, to control any action or proceeding and determine
whether we want to settle it, and if so, under what conditions.
Disclaimer of Warranty
Equity-gain does not provide any guarantees regarding the effectiveness and continuity of the
availability of the Equity-gain site or materials. Site materials and Equity-gain are provided on an “as is”,
“in stock” basis, without any warranties, obvious or implied, including, without limitation,
implied warranties of merchandise, suitability for special purposes, names and corrections
relating to the site and information. Equity-gain does not represent or guarantee that the materials
posted on the Equity-gain website are accurate, complete, reliable and error-free. While Equity-gain is
trying to make the site as secure as possible, we cannot guarantee and do not guarantee
that the site and its server(s) do not contain viruses and other malicious components,
therefore you should use industry-recognized software to detect and eliminate malware.
Software from any download.
Equity-gain reserves the right to change any content contained on the Site at any time without
prior notice. Reference to any products, services, processes, or other information, by trade
name, trademark, manufacturer, supplier, or otherwise, does not imply or does not imply
endorsement, sponsorship or recommendation, or any affiliation with them by Equity-gain.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF
LIABILITY FOR THE IMPLIED TERMS AND CONDITIONS IN
CONTRACT WITH CONSUMERS, SO SOME OR ALL DISCLAIMERS
OF LIABILITY IN THIS SECTION, MAY NOT APPLY TO YOU.
Disclaimer of Liability
In no event shall Equity-gain, its directors, employees or agents be liable for any direct or indirect
damages, or any other damages of any kind, including but not limited to losses or damages
resulting from an action under the contract or in any other way in connection with the use or
inadmissibility of the use of the Site, Equity-gain materials or the contents of the site, including
limiting without any damage caused by the use of any information obtained from Equity-gain, or,
as a result, errors, assumptions or lack of effectiveness, force majeure, poor connection,
destruction or unauthorized access to records, programs or Equity-gain website. Under no
circumstances will Equity-gain’s liability, under the contract, guarantee, product liability, liability for
information arising from the use of the site, be extended.
Some jurisdictions do not allow limitations of liability in contracts with consumers, so some or
all of these limitations of liability may not apply to you.
Cessation of existence
Upon termination of your account or this Agreement for any other reason, all rights and
obligations of the parties, which by their nature, remain valid after such termination.
Site accuracy
Although we intend to provide accurate and timely information on the Equity-gain Website, the
Equity-gain Website (including, but not limited to, Content) may not always be completely
accurate, complete or current, and may also contain technical inaccuracies or typographical
errors. In an effort to continue to provide you with as complete and accurate information as
possible, information may be modified or updated from time to time without prior notice,
including, without limitation, information about our policies, products and services.
Accordingly, you must verify all information before relying on it, and all decisions based on
the information contained on the Equity-gain Website are your sole responsibility, and we are not
responsible for such decisions.
Limited license and intellectual property rights
We give you a limited, non-exclusive, non-sublicensable and non-transferable license, in
accordance with the terms and conditions of this Agreement, for accessing and using the
Services solely for approved purposes as determined by Equity-gain. Any other use of the
Services is strictly prohibited. Equity-gain and its licensors reserve all rights to the Services, and
you agree that this Agreement does not grant you any rights or licenses to the Services, with
the exception of the limited license set forth above. Except as expressly permitted by Equity-gain,
you agree not to modify, re-design, copy, create, process, lease, borrow, sell, distribute or
create derivative works based on the Services. fully or partially. If you violate any part of this
Agreement, your permission to access and use the Services may be terminated in
accordance with this Agreement. "Equity-gain", "Equity-gain" and all logos associated with the
Services are trademarks or registered trademarks of Equity-gain or its licensors. You may not
copy, imitate or use them without Equity-gain’s prior written consent. All rights, titles and interests
on the Equity-gain website and on any content, Services and all technologies and any content
created or derived from the foregoing, are the exclusive property of Equity-gain and its licensors.
Section Headings
The section headings in this Agreement are for convenience only and should not govern the
meaning or interpretation of any provision of this Agreement.
Agreement language and translations
You agree that these Terms of Use, Equity-gain Privacy Policy and other notices posted through
the Services are in English. Although translations into other languages of any of the above
documents may be available, such translations may be outdated or incomplete. Accordingly,
you agree that in the event of any conflict between the English version of the above
documents and any other translations thereto, the English version of such documents shall
prevail.
