PLEASE READ CAREFULLY BEFORE DOWNLOADING ANY SOFTWARE FROM THIS WEBSITE:
This License agreement (License) is a legal agreement between You (Licensee, Merchant, User or You), Asia Broadband, Inc. (OTC: AABB) (“Licensor”, “Company”, “us” or “we”), and Core State Holdings, Corp. (Service Provider, us or we) for the data supplied with the software, and the associated media (Software).
We license the use of the PayAABB.com, AABBGoldToken.com, AABBExchange.com, and the Company’s Payment Gateway Software (“Services”) to You on the basis of this License. We do not sell the Software to You. We remain the owners of the Software at all times. BY DOWNLOADING THE SOFTWARE FROM THIS WEBSITE YOU AGREE TO THE TERMS OF THIS LICENSE WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, WE WILL NOT LICENSE THE SOFTWARE AND DOCUMENTS TO YOU AND YOU MUST DISCONTINUE THE DOWNLOADING PROCESS NOW. IN THIS CASE DOWNLOADING PROCESS WILL TERMINATE.
We may change the terms of the License at any time for whatever reason and without notice. The terms of the License will be available on the Website where You downloaded the Software from. Your continued use of the Software constitutes acceptance of the new terms.
RISK WARNING: When trading and investing in cryptocurrencies, alongside sending and receiving cryptocurrencies, You automatically take on a substantial amount of risk of the potential loss. Cryptocurrency prices can be affected by many factors, including, but not limited to, national and international economic, financial, regulatory, political, terrorist, military, and other events. Just like trading on the foreign exchange, it is possible to lose most if not all funds within a very short time frame. Because of this, investing and trading in cryptocurrencies is not suitable for all types of investors. Any type of usage of cryptocurrencies may also be risky. Before starting to trade or use cryptocurrencies, make sure that You are mindful and fully understand the complexity, risks, and nature or trading cryptocurrencies. Understand that there is a chance that You could lose Your capital. Due to the high volatility of the price of many cryptocurrencies on the market, the price may go up or down radically within a short time span, resulting in a potential loss of value of Your entire investment in cryptocurrencies, including a complete or partial loss of purchasing power, and difficulty or a complete inability to sell or exchange Your currency. If You do decide to trade or purchase/short cryptocurrencies, please make sure You are allocating only that portion of funds that You can risk and can afford to lose. In no event shall PayAABB.com, AABBGoldToken.com, AABBExchange.com, its white label partners, and its parent company CoreStateHoldings.com be liable to any loss or damage of any kind incurred as a result of the use of this site or the services found at this site. © 2022 Asia Broadband, Inc. All Rights Reserved.
We, the Company, may terminate, change, suspend or discontinue any aspect of this Website or the Services at any time without notice. Without limiting the generality of the foregoing, the Company may change the availability of any features, institute new, or amend existing fees or charges for the use of the Website, the Services, or any features included in the Website or the Services, add, remove, modify or otherwise change any content on this Website, and impose limits on certain features or restrict access to parts or all of this Website. The Company reserves the right, but not the duty, to correct any errors or omissions in any portion of this Website at any time and without notice.
OPERATING SYSTEM REQUIREMENTS:
TYPE OF MOBILE DEVICES : Smartphone. Tablet. Laptop.
1.1 In consideration for You agreeing to abide by the terms of this License, we hereby grant to You a non-exclusive, non-transferable License to use the Software on the terms of this License.
1.2 You may:
a – Access, download, install and use the Software for Your personal and Business purposes only: on one central processing unit (CPU) if the License is a single-User License or the Software is for single use.
b – Provided it is used on only one smartphone or other device at any one time, transfer the Software from one device to another.
c – Provided You comply with the provisions in condition 2, make up to a reasonable number of copies of the Software for backup purposes only; and receive and use any free supplementary software code or update of the Software incorporating “patches” and corrections of errors as may be provided by us from time to time.
a – To provide us with information, documents and data which is accurate, correct, up to date, not misleading and free of viruses or other computer programs or files that could interfere with normal functioning of the Software, Service and/or related applications;
b – To promptly (no later than on the same Business Day – in case of non-Business Day, on the earliest Business Day – as You become aware of that) notify us of improperly provided Services, of loss, theft, unauthorized use or illegal acquisition of the PayAABB System login data, and also of loss of Your electronic device used for logging into the PayAABB System;
c – To promptly (no later than on the same Business Day – in case of non-Business Day, on the earliest Business Day – as You become aware of that) report to us any suspicions about compliance with these Terms, Obligations, and individual agreements thereof and not carry out any transactions in Virtual Currencies until we instruct otherwise;
d – To take all reasonable measures necessary to prevent illegal disclosure, appropriation, or use of Your data related to transactions in Virtual Currencies;
e – To at all times comply with any and all applicable laws and regulations, but not limited to, AML/CTF regulations, personal data protection laws, unfair commercial practices regulations, consumer rights laws, advertising laws, etc.
1.5 Our Obligations.
a – To timely and properly fulfil our obligations to You;
b – To act in good faith and with discretion to best meet Your interests and the interests of the userbase;
c – To strive to enable the intended use of the Website and the PayAABB Software, take timely measures to correct any operation faults with Service provision and/or the PayAABB platform.
a – To be eligible to use the PayAABB Services, be of age of majority in Your local jurisdiction. Your eligibility to access certain PayAABB Services also depends on the country in which You reside. PayAABB Services must be able to legally operate in a country in which You reside.
b – According to the requirements of local authorities, the Company may restrict installation of the Software within certain countries or within their constituent parts. The Company does not assume any liability for the User’s installation of the Software and its subsequent usage within such countries or their constituent parts.
d – Your financial status allows You to accept the risks relating to Virtual Assets;
e – You have provided accurate and complete information and documents requested by us to verify Your identity during the KYC;
f – we are satisfied with the outcome of any identity, fraud and background checks including all other money laundering and terrorist financing checks which we will conduct in relation to You at any time during the term of Your relationship with us;
g – You have created an Account in the PayAABB or AABB Wallet platform in predefined manner;
h- You do not use / intend to use the PayAABB Service for anything that is unlawful, malicious or that could disable, overburden, or impair the proper working of the PayAABB Service or may hurt our reputation or otherwise pose any threat to us;
1.7 Identity Verification (KYC).
You agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime; and permit us to keep a record of such information. You may need to complete certain verification procedures before You are permitted to use the PayAABB Services and Your access to one or more PayAABB Services, including certain transfers of FIAT, Funds, and Digital Currency, and the limits that apply to Your use of the PayAABB Services, may be altered as a result of information collected on an ongoing basis. The information we request may include certain personal information, including, but not limited to, Your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding Your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, You confirm that the information is accurate and authentic. You agree to keep us updated if any of the information You provide changes. You authorize us to make the inquiries, whether directly, through our Service Provider, or through third parties, that we consider necessary to verify Your identity or protect You and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries** , You acknowledge and agree that Your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that **** these agencies may respond to our inquiries in full ***. This is an identity check only and should have no adverse effect on Your credit rating.* Additionally, we may require You to wait some amount of time after completion of a transaction, before permitting You to use further PayAABB Services and/or before permitting You to engage in transactions beyond certain volume limits. This includes authorizing Your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use Your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of Your identity and to compare information You have provided to PayAABB with Your wireless operator account profile information for the duration of the business relationship.
1.8 Identity Verification Requirements (KYC/AML).
The requirements for verification of a PayAABB or White Label user’s account (including You) may change from time to time. Below are the following verification requirements:
a – The Company aims to comply with all relevant legal requirements in the field of KYC/AML. For the purposes of know-Your-customer, it is necessary for us to obtain from You and retain the required documents, information and data confirming Your identity and/or the identity of a legal entity You represent and any other relevant documents and/or information.
b – For the purpose of identification and risk assessment, You are required to submit to us the required information and documents. We shall have the right to take other legitimate measures for the purpose of identification and risk assessment of You and/or a legal entity You represent. Failure to submit required information and/or documents or provision of incorrect or incomplete information and documents, or failure to comply with our Company’s other instructions will result in our Services being unavailable to You.
c – We shall have the right to verify the information provided by You using reliable and independent sources of information and other lawful methods.
d – At the moment of establishing a business relationship with us and/or before and/or after the execution of any particular transaction in a Virtual Currency/FIAT currency, we shall have the right to demand from You any information and/or documents, including, but not limited to those confirming the legal grounds as well as sources (the origin) of Your funds and other currency transactions (including potential assets) and the purpose and planned nature of Your business relationships with us, the nature of business and management (shareholding) structure of a legal entity You represent, beneficial owners and/or other documents and information to the extent necessary for us to adequately fulfil the requirements of relevant legal acts in the field of KYC/AML.
e – Our Company shall have the right to restrict or terminate the provision of our Services/Software if, before and/or after the execution of any particular transaction in a Virtual Currency or FIAT Currency, You do not submit to us or avoid, or refuse to submit to us the requested information and/or documents, or conceal the requested information and/or documents, or provide incorrect or incomplete requested information, or otherwise fail to comply with any other instructions we give.
f – We shall perform monitoring of Your transactions and in the case of a suspicious and/or unusual operation or transaction, we shall have the right to suspend it, including, but not limited to, the suspension of a withdrawal of Your Virtual Currency or potential FIAT funds, for a certain period of time. In that case, we shall not be liable to You for any default on any contractual obligations and/or for any damages or losses sustained by You.
g – We shall be entitled to terminate a business relationship with You and/or a legal entity You represent at any time if we determine that continuing such a business relationship with You and/or a legal entity You represent exposes us to a money laundering and/or terrorist financing risk we no longer deem acceptable.
h – We shall have a general duty to report any suspicious activity identified during the business relationship with You to the relevant authorities as well as other reporting duties deriving from relevant legal acts. We shall not be liable to You for the execution of such duties.
1.9 Anti-Money Laundering (AML) Policy.
Compliance program requirements under the Proceeds of Crime (Money Laundering and Terrorist Financing Prevention Act (MLTFPA).
In accordance with the prescribed legislative requirements, PayAABB has certain record keeping, identification, and reporting requirements. Our compliance program:
For more information on our AML/KYC policy, please send us an email to co[email protected]
1.10 Apple Store Terms.
1.11 Google Play Terms.
The Company operates a software program, developed by our Service Provider that enables Users to access, send, receive, potentially exchange/convert, make money on referral and loyalty program for the store, transfer virtual currencies, tokens, and cryptocurrencies, and conduct payment processing in Virtual Currencies (collectively, “Cryptocurrency”). This license agreement permits You to use the PayAABB subject to certain conditions, rights and obligations.
We will review and assess information and/or documents submitted to us by You. Upon assessment of the information and documents obtained, the access to our Services will be granted and You will be able to start using our Services. Your access to our Services may be revoked if we will conclude that You are not eligible to gain access to our Services.
Deposits and withdrawals. You may deposit Cryptocurrencies into Your PayAABB account at any time during the duration of Your contractual relationship with the Company. Cryptocurrencies as means of payment for other Cryptocurrencies will be accepted via Cryptocurrency transfer (AABBG, BTC, ETH, etc.) where the originator is You. The Company allows You to receive deposits higher than the established limit, but does not accept internal third party or anonymous payments in favor of Your account in the amount higher than the established limit and without going through KYC procedure. The Company shall perform withdrawals of Your Cryptocurrencies, upon an application for withdrawal made via the Wallet.
Cryptocurrencies are transferred between Users’ accounts immediately and without active participation of the Company. The Company does not guarantee timely withdrawals and transfers to accounts outside PayAABB network, nor deposits to the PayAABB network.
The only authentic record of Cryptocurrency transactions is the applicable blockchain. The Wallet provides functionality that allows You to send Cryptocurrencies transfer instructions. Timely manner of transactions is guaranteed only between PayAABB accounts. Timely and efficient manner of transactions involving other cryptocurrency wallets and networks is not guaranteed because it is out of the Company’s control.
You must ensure that Your transactions conform to the applicable rules of the software for the Cryptocurrencies (especially with smart contract systems like Ethereum). The Company 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 or to enforce transaction limits.
The Company cannot reverse a Cryptocurrency Transaction which has been broadcast to a Digital Currency network. The Wallet services are available only in connection with those Cryptocurrencies that the Company, in its sole discretion, decides to support. The Cryptocurrencies that the Company supports may change from time to time. Under no circumstances should You attempt to use Your Wallet to store, send, request, or receive Cryptocurrencies in any form that are not supported by the Company. The Company and its Service Provider assumes no responsibility or liability in connection with any attempt to use the Wallet for Cryptocurrencies that the Company does not support.
PayAABB internal transactions will not be shown on public scanners (like: etherscan.io) that only show transactions made in decentralized blockchain. Transfers from PayAABB to other cryptocurrencies will not be shown at deposit address. PayAABB cryptocurrency/fiat exchange rate will show approximate average market rate for information purposes only not actual rate that could be applied through trading companies. Only User will be able to see his/her PayAABB transaction in a timely and accurate manner.
Unauthorized and Incorrect Transactions. Where a transaction is initiated from Your PayAABB account using Your credentials including Your PIN code, we will assume that You authorized such transaction. All transactions can be conducted only after entering Your PIN code. A transaction cannot be initiated without entering Your PIN code. Performed transactions cannot be reversed or cancelled. We may not reset Your password if You do not have access to Your PayAABB Account.
If You believe You did not authorize a particular transaction or that a transaction was incorrectly carried out, You must contact us as soon as possible and in any case no later than 3 months after the relevant transaction occurred by opening a support ticket from within the PayAABB’s Help & Support section. It is important that You regularly check Your PayAABB balance and Your transaction history regularly to ensure any unauthorized or incorrect transactions are identified and notified to us at the earliest possible opportunity. We and our Service Provider, are not responsible for any claim for unauthorized or incorrect transactions even if You have notified us in accordance with this section. We accept complaints only from Users that went through the KYC procedure. Any compensation or acceptance of liability is within sole discretion of the Company.
Refund Policy. You authorize us to process FIAT refund requests and issue FIAT refunds on your behalf from your Account. We reserve the right, without any explanation or reason, to not issue a refund. We may charge Fees and deduct other costs for processing FIAT refunds on your behalf as indicated on our Website.
It is the nature of Bitcoin, Litecoin, and the other cryptocurrencies on our website that all transactions are final with no method of chargeback or recourse for the sender of the funds. As such, we are unable to reverse or provide refunds for any crypto payment made through our payment system. No refunds or reversals are provided for payments made for any cryptocurrency, through the Service or other functionality implemented, that is then no longer desired to be owned by You or a User; throughout any time of ownership by the natural person.
In case of a situation involving an underpayment, Your User/Client can request a FIAT refund provided that his/her/its order to you is not marked as “paid” within our Software. In case of a situation involving an overpayment, Your User/Client can request only a FIAT refund of an overpaid amount. Our Company reserves the right to establish the minimum amount that can be refunded on your behalf. We reserve the right to not issue the refund if the amount requested is lower than the minimum refundable amount. Any requests for FIAT refunds can be made to us until we decide to transfer the refundable amounts to you. If no requests for refunds are received by us, until we decide to transfer the refundable amounts to you, we will transfer the refundable amounts to you and from that moment you will be fully responsible for any refunds to Your User/Client.
After 90 days since the payment was made, we reserve the right to decline refund request submission via electronic means. In such a situation, please contact our support directly at [email protected]
Funds Recovery – Sends to wrong coin/chain, missing tags, delisted coins, etc.
If coins are sent to the wrong coin or blockchain or to a delisted coin, there is no ability for the Company to recover the funds. This would apply if for example You sent Ether to an Ether Classic address or Digitalcoin to a Dogecoin address, etc. This would also apply to coins that require a destination tag, payment ID, memo, etc. and they were not set or were set to an incorrect value. We will not recover tokens we do not support for example from Ether-based ICOs that aren’t on our Supported Coins list. You must contact us within 60 days for us to recover Your funds for You or they will be forfeited.
Supported Digital Currencies. Our PayAABB Services are available only in connection with those digital currencies that PayAABB supports, and this may change from time to time. Under no circumstances should You attempt to use Your Digital Currency Wallet to store, send, request, or receive digital currencies in any form that we do not support (although we will use reasonable efforts to help You move or sell Digital Currency that we no longer support). We and our Service Provider assume no responsibility or liability in connection with any attempt to use Your PayAABB for digital currencies that we do not support.
Third Party Payments. We and our Service Provider have 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 (including other Users of PayAABB Services). We and our Service Provider are not responsible for ensuring that a third party buyer or a seller You transact with will 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 using Digital Currency transferred using the PayAABB Services, or if You have a dispute with such third party, You should resolve the dispute directly with that third party. If You believe, a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if You cannot adequately resolve a dispute with a third party, You may notify PayAABB Support at [email protected], or by opening a support ticket from within the PayAABB’s Help & Support menu, so that we may consider what action to take, if any.
Appointment of Regulated Third Parties. You may appoint appropriately regulated third parties to access Your PayAABB. If You do, You should be aware that by virtue of such access, that third party may access Your transactional and other data, and / or may initiate transfers from Your PayAABB.
The PayAABB Service allows you to assign a User (a representative) with different types (levels) of authorizations to overview your account or use your Account on your behalf. Consider the representative’s authorization level type, our Company shall have the right to determine what kind of information and/or documents we will request from the representative to provide to us to perform any separate actions on your behalf. If you indicate a User within our System as your representative in the PayAABB Service, then said User’s status will automatically change into the representative of yours.
Refusing to deal with Regulated Third Parties. We and our Service Provider may refuse access to regulated third parties for objectively justified and duly evidenced reasons relating to unauthorized or fraudulent access to Your PayAABB. In such cases, unless we are prohibited by applicable law, we will inform You that that third party’s access has been denied and the reasons why. We will permit access again once we are satisfied that the reasons for refusing access no longer exist.
Transactions Limits. A registered PayAABB User that has not completed KYC may only use PayAABB to the limited extent of USD 900 per day, or depending on the geographical region from which you access the Service. A registered User that completed KYC may use their PayAABB without any limit or may impose limit on the amount of his daily transactions. Loyalty program limits can be found on PayAABB loyalty setting page.
Customer Support. If You have any issues or concerns regarding Your account or Your use of the Services, You should first check our Website’s FAQ to see if there is already an existing solution. If a solution is not found, please submit a ticket through our App’s/Website Help & Support module, allowing Users to create a Support Ticket. Our Customer Support team will work on the resolution and get back to You within 1-15 business days. Our Finance team will process all the withdrawal requests within 5-15 business days automatically. All registered PayAABB Users that have completed the KYC are able to receive support assistance from our Customer Support Team. Our Customer Support team will do their best to get back to Your inquiries in a timely fashion and to assist You in solving Your support ticket. Any User communicating with our Customer Support team, be it a registered or non-registered User, must communicate in a professional and responsible manner and must refrain from abusing our team members. This includes, but is not limited to: using vulgar language, sending death threats, spamming the Customer Support team with multiple support tickets, and to using multiple PayAABB accounts to contact our support team for the same support ticket inquiry. No matter the context and reason, all Users must refrain from threatening our Customer Support team (especially when they are attempting to solve a support inquiry) in the likes that the User will take some sort of legal action, and/or the filing of a claim to a government agency or independent business bureau, against the Customer Support team member(s) or the Company and its Service Providers if their inquiry is not solved or is unsolvable. By doing so, the Customer Support staff may discontinue further communicating with the User, may cancel all applicable pending transaction and/or traders orders conducted by the User in the Software(s), and may reject the User’s KYC application; leading to the User no longer be able to facilitate any transactions within the Software. Our Customer Support Department does its best to solve any and all inquiries sent to it by Users, and the staff will not tolerate disrespect and unprofessionalism by the Userbase.
4.1 Once you have registered on the PayAABB Software, and have completed the KYC application – alongside it’s approval by our Compliance team – you will be able to receive Virtual Currencies from Your Users. If the AABBExchange module is implemented, or a third-party exchange API is implemented, You will also have the ability to exchange those Virtual Currencies into other Virtual Currencies or FIAT.
4.3 Any type of payments or donations by Your Userbase to us will be treated as the same as payments or donations made directly to You. We collect Virtual Currencies to your PayAABB Account exclusively for you and on behalf of you. However, You do remain the owner of Virtual Currencies that we hold for you and on behalf of you.
4.4 In relation to payments and/or donations in Virtual Currencies made to you, any legal relations are between you as a Merchant and Your User making the payment or donation. We are not a party to relations between you as a Merchant and Your User conducting the transaction in Virtual Currencies. We do not accept any potential queries, requests, letters, and/or complaints as well as liability for the legality, quality, quantity, safety, delivery or any other aspect regarding you, your services, products, activities and/or a payment and/or a donation, or a purchase related to relation between you as a Merchant and Your User. Any disputes that arise between you as a Merchant and Your User shall be resolved exclusively between You as a Merchant and Your User.
In order to create an account on PayAABB, you will be required to:
a – Go onto the PayAABB website, click on “Create Account” or “Register”, use your email address and create a long-term password for your account. The e-mail address specified by you during the creation of your Account and intended for your identification and login to your Account shall be valid throughout the entire period of validity of your Account
b – Sign into your account with the same email address and long-term password (if the 2-Factor-Authentication – “2FA” – is enabled, then you will be required to enter the code as well).
c – Click on “KYC” and submit all required information and/or documents for our KYC staff to review. In case of legal representation, the representative should provide us with the same information and documents about himself/herself as a natural person. In addition, the representative should provide us with documents proving his/her authorizations. In case of a legal person, the representative shall also provide us with information about the director of a legal entity.
d – You must immediately notify us If you lose access to your PayAABB Account. If you fulfill any and all requirements and requests we provide for identification, it may be possible for us to assist you in re-accessing your account. However, depending on the service used for the 2FA (if enabled), it might not be possible for us to reset your 2FA or gain you access to your account. Ultimately you alone are fully responsible for any adverse consequences arising from the loss of the access to your Account.
e – It is your sole responsibility to keep your PayAABB Account login information and passwords (long-term and 2FA account) safe. You are fully responsible for any possible adverse consequences if you pass on your login information and/or passwords (long-term and/or 2FA code) to any third party, loose this information or such information becomes otherwise accessible to any third party.
f – We reserve the right to require a change of your PayAABB Account long-term password or KYC application at any time by giving emailed notice to you.
g – If we have reasonable grounds for doing so relating to the security of the Services or the suspected, unauthorized or fraudulent use of the Services, we may stop or suspend the use of the PayAABB Software. By doing so, we shall not be held liable for your losses incurred as a result of blocking your access to the Services and shall not pay to you, or any representative, any penalty.
Passphrases. If you wish to create an account with AABB Wallet, you will be required to go through the Passphrase creation phase. A passphrase is an industry standard tool that is a LAST LINE of protection for a User account in AABB Wallet. Due to security and privacy reasons, every company that has passphrase protection is unable to access the passphrases. Therefore, if You lose Your passphrases or incorrectly wrote them down initially, then You will lose access to Your account, and there is nothing our Company – nor any company – can do to regain access to Your account. It is the responsibility of the User to correctly write down and store their passphrases as initially shown to them by the Software, not limited to; without any spacing after the words, in the same numeric order, and that the grammar is correct. The Company does not have access to the funds of an account that the User has lost access too, as the funds are being held in a non-custodial wallet and there is no ability to confirm that the support ticket opened concerning the loss of access is the primary owner of the AABB Wallet account.
a – It is Your own responsibility for paying any taxes applicable to You in relation to using our Services.
b – We make no representations in relation to any tax liabilities, we assume no tax liability for any Merchant using the Services provided to You, we assume no responsibility for the tax liability of any Merchant, not for collecting, reporting, withholding or remitting any taxes arising from any Services that You may use.
c – You undertake to provide us with the requested documents, data and information, in case we are obliged under applicable law or voluntary decide to report to any competent authorities any information that is related with Your tax obligations.
All the fees that are mentioned on our Website will only be changed by the Company at our sole discretion. We shall charge you the fees and apply exchange rates, which are provided on our Website, and are applicable at the moment when a particular transaction within the Service is carried out. Any changes done to the fees on our Website or in the Software, shall come into force.
If you owe us any FIAT fees or any other amounts – be it in Virtual Currencies or FIAT – we will take the respective fees/amounts you owe us from the Virtual Currencies/FIAT we process on your behalf on the due date without your instruction. You hereby authorize us to deduct said fees/amounts on your behalf. Additionally, please ensure that the required fees/amounts due from you is available to us on the due date. If a situation arises where you do not possess enough Virtual Currencies/FIAT to pay the fees or any other amounts due, our Company reserves the right to suspend the provision of our Services to you until such fees/amounts due will be paid to us.
Except as expressly set out in this License or as permitted by any local law, You undertake:
We reserve the right, without any prior notice or explanation, to refuse any person and user from using our Services or to terminate an existing relationship with You if we have a reasonable doubt that the activity being carried out by that person/You is in violation any of the prohibitions specified in this section.
Restricted Items/Services of use PayAABB:
The following items and/or services may not be bought or sold with our service(s):
9.3. For the avoidance of doubt, representations and warranties are personal statements or assurances given by You which we will rely on when we provide our Services to You.
9.4. To the extent permitted by law we do not warrant the reliability, availability, accuracy or completeness of information on the PayAABB Service. All information is provided “as is” without warranty of any kind, express or implied.
9.5. We do not warrant that the functions contained in the PayAABB Service will meet Your requirements or that the operation of the PayAABB Service will be uninterrupted or error free.
10.1 You acknowledge that all intellectual property rights in the Software and the Documents, all copyrights, trademarks, patents, trade secrets and other intellectual property rights relating to the Services processes, other technologies and materials, to which the Company and/or one or more third parties related with the Company will hold anywhere in the world belong to our Service Provider and us, that rights in the Software are licensed (not sold) to You, and that You have no rights in, or to, the Software or the Documents other than the right to use them in accordance with the terms of this License.
All types of intellectual property rights created by the Company will be held by the Company, including (a) copyrights, rights affording protection similar to copyright, patents, rights in databases, and rights in inventions, trademarks, rights in internet domain names and website addresses and other rights in trade names, designs, know-how, trade secrets and other rights in Confidential Information, including under marketing legislation; (b) all other rights having equivalent or similar effect in any country or jurisdiction in the world (collectively “Intellectual Property Rights”).
10.2 You acknowledge that You have no right to have access to the Software in source code form.
Our Company does undertake to make appropriate efforts in accordance with usual practices in safekeeping information related to provision of the Services (including your data). It is in our best interests to make sure that all data provided to the Company by you is protected and can not be used for malicious purposes. However, we are unable to guarantee total security of the information and data. We are liable for any adverse consequences you suffer as a result of loss of information and data on the Website (in the PayAABB Software) only if we are found guilty for that.
In order to properly provide our PayAABB Services, we may collect, store, use, and otherwise process information about you as permitted by the legal acts of Mexico (as outlined in the Constitution of Mexico), the United States of America (depending on what State is targeted by our Services) and other legal acts.
We only collect the following data: information provided by You in our KYC module application (which may include your e-mail, phone number, residential address, and other necessary information), your history of transactions. Both forms of collection are done with encrypted means. We implement appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
If any information and/or documents are inaccurate or not up to date or you believe that any of the information about you is collected, used and stored by us in a manner not compliant with applicable laws, you are obliged to inform us by e-mail immediately.
13.1 All exclusions in this clause shall apply to the fullest extent permissible at law.
13.2 The Software is provided to You and your Userbase on an “as is” basis. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from this agreement.
13.3 We and our Service Provider do not warrant that the functions contained in the Software will be uninterrupted or error free, that a “hard fork” or “soft fork” of any kind will not affect the services you offer to users, that defects will be corrected or that the Software is free of viruses, worms, phishing or spoofing, spyware, scareware, Trojan horses, bugs or similar harmful devices or that Your use of the Software will provide specific results.
13.4 We and our Service Provider will not be liable or responsible for any act or event beyond our control, including without limitation the matters listed in Risks.
13.5 We and our Service Provider shall not in any circumstances have any liability for any losses or damages which may be suffered by You (or any person claiming under or through You), including but not limited to:
a – Special damage
b – Loss of profits
c – Loss of anticipated savings
d – Loss of business opportunity
e – Loss of goodwill
f – Loss of, or damage to (including corruption of), data, whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise.
g – Loss of customers and/or Users.
13.6. You shall comply with the License and shall indemnify us and our Service Provider against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with Your breach of the License.
13.7 You assume all costs if Your use of the Software results in the need for servicing, repair or correction of equipment, software or data.
13.8 We do not provide any investment, trading, financial, or legal advice in connection with the PayAABB Services. We may provide information on the price, range, volatility of Virtual Currencies and events that have affected the price of Virtual Currencies, but it should not be considered as investment or financial advice and should not be construed as such. Any decision You make relating to Virtual Currencies is your decision and we will not be liable for any loss suffered in relation thereto.
These are the risks You acknowledge in using the PayAABB:
Virtual Currencies. Virtual Currencies are not backed by governments or central banks. They are not protected by government deposit protection schemes. Virtual Currencies may be extremely volatile, the value of them can go up or down drastically within the span of a couple of seconds. Virtual Currency technology is extremely nascent and unproven. Virtual Currency software and providers are regularly subject to hacking attempts resulting in loss of funds. Thus there can be a substantial risk of losing value while buying, selling or otherwise dealing with Virtual Currencies. Read the EBA warning here for more details on Virtual Currencies.
Stablecoins and commodity-backed cryptocurrencies. Most stablecoins and commodity-backed crypto tokens and coins are not backed by governments or central banks. They are also not protected by government deposit protection schemes. These currencies may be extremely volatile. Stablecoin and commodity-backed cryptocurrency technology is extremely nascent and unproven. Stablecoin and commodity-backed cryptocurrency software and providers are regularly subject to hacking attempts resulting in loss of funds. Read the U.S. Department of Treasury analysis here for more details on Stablecoins.
Digital Assets. Similar to Virtual Currencies, Digital Assets are not backed by governments or central banks. They are not protected by government deposit protection schemes. Digital Assets may be extremely volatile. Digital Assets technology is extremely nascent and unproven. Digital Assets software and providers are regularly subject to hacking attempts resulting in loss of funds.
Protocol failure. A Virtual Currency protocol may fail resulting in total loss of Virtual Currencies held by Users.
Disasters. Disasters may damage the Virtual Currencies systems resulting in loss of Virtual Currencies held by Users.
Hack. It is always possible that the Services’ front-end, back-end, cold, and/or hot wallet may be the victim of a successful hack. As seen on other branded wallets and crypto exchanges, hackers’ main aim is to steal User funds. Virtual currencies, Stablecoins, and Commodity-backed cryptocurrencies. Digital Assets, and other forms of cryptographic tokens (may be subject to expropriation and/or theft; hackers or other malicious groups or organizations may attempt to interfere with our system/network in various ways, including malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing which may result in the loss of Your Cryptocurrency, the loss of Your ability to access or control Your Cryptocurrency. In such an event, there may be no remedy, and holders of Cryptocurrencies are not guaranteed any remedy, refund, or compensation. The regulatory status of Cryptocurrencies is currently unsettled, varies among jurisdictions, and is subject to significant uncertainty. It is possible that in the future, certain laws, regulations, policies or rules relating to cryptography and cryptocurrencies, blockchain technology, or blockchain applications may be implemented which directly or indirectly affect or restrict cryptographic coins/token holders’ right to acquire, own, hold, sell, convert, trade, or use Cryptocurrency. The uncertainty in tax legislation relating to cryptography and Cryptocurrencies (including digital assets) may expose Cryptocurrency holders to tax consequences associated with the use or trading of Cryptocurrencies. Digital assets and financial products and services carry significant risks. Our Company is not responsible for any potential loss in case of issuer’s problems. Potential purchasers should assess the nature of, and their own appetite for, relevant risks independently and consult their advisers before making any decisions.
15.1 We or our Service Provider may terminate this License immediately at any time for whatever reason.
15.2 Upon termination for any reason:
a – All rights granted to You under this License shall cease
b – You must immediately cease all activities authorised by this License
c – You must immediately delete or remove the Software from your website and/or all computer and mobile equipment in Your possession, and immediately destroy all copies of the Software and Documents then in Your possession, custody or control and, in the case of destruction, certify to us that You have done so.
15.3 We or our Service Provider may terminate this License immediately if, but not limited to:
b – After review by the Company, and in the opinion of the Company, it was found that the Merchant engages in the field of activity with a high level of risk of money laundering and/or terrorist financing;
c – If according to the information available to the Company, the Merchant is related or was related in the past with activities prohibited by international or national legal acts (e.g., trafficking in people or human organs, exploitation of children, illicit trade in weapons, ammunition or explosives, illegal trade in narcotic or psychotropic substances, prostitution, management of brothels, etc.);
d – At the request of the Company, the Merchant fails to submit the data about his/her/its financial condition, if it is necessary for the Company to assess risk on the Merchant’s solvency or fulfilment of obligations, management of the Merchant’s debt to the Company and/or provision of other services;
A politically exposed person (PEP) is an individual who is or has been entrusted with a prominent public function. PEP by association is when You are related, married, associated to a known PEP. You agree to the terms of all Company and Services programs, policies, and guidelines, including without limitation, the AML/KYC policy, not to be a PEP or a PEP by association. The Company reserves the right to terminate this agreement if it has enough information to confirm or suspect that You are a PEP or a PEP by association.
17.2 In case of any changes to contact details, you must immediately inform us about these changes via e-mail. We shall not be responsible for any mistake, inaccuracy, technical defect or damage caused by incorrect, outdated Merchant contact details and their subsequent use by us. Because of this, you are fully liable for correctness of data, orders and documents submitted to us.
17.3 If information is provided by the Merchant to the Company are inconsistent with the requirements established by legal acts and/or by the Company, and/or if the Company has reasonable doubt as to the accuracy or authenticity of the submitted information, the Company shall have the right to suspend the provision of Services to the Merchant and/or to demand from the Merchant the submission of additional documents.
19.1 We or our Service Provider may transfer our rights and obligations under this License to another person or entity, but this will not affect Your rights or our obligations under this License.
19.2 You may only transfer Your rights and Your obligations under this License to another person only upon our advance written approval.
19.3 This License constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that You shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this License. You agree that You shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this License.
19.4 Waiver. No action or inaction of the company or our Service Provider should be considered a waiver of any right of the company. If we fail to insist that You perform any of Your obligations under this License, or if we do not enforce our rights against You, or if we delay in doing so, that will not mean that we have waived our rights against You and will not mean that You do not have to comply with those obligations. If we do waive a default by You, we will only do so in writing, and that will not mean that we will automatically waive any later default by You.
19.5 Our Company and our Service Provider shall assume no responsibility for any loss or damage that may be incurred due to the failed recovery of the wallet or not recording the recovery/backup passphrase (security code, recovery code), loss of data, erroneous transmission of cryptocurrency, loss of recovery passphrase, leaked ID/password to third parties, and hacking by third parties.
11.6 Each of the conditions of this License operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
19.7 Regarding the contents of this license agreement, in the event that any difference or inconsistencies arise between the various translations, the English version shall prevail.
This License, its subject matter, and its formation (and any non-contractual disputes or claims) are governed by United States law. Any dispute, controversy, or claim arising out of or relating to this Agreement including any question regarding its existence, interpretation, validity, breach, or termination or the business relationship created by it shall be referred to and finally resolved by arbitration under the American Arbitration Association Rules. The place of the arbitration shall be Nevada. There shall be 1 arbitrator. The language of the arbitration shall be English. An oral hearing need not be held. There will be no appeal from the decision of the Arbitral Tribunal on questions of fact, law, or mixed fact and law. Any dispute, controversy or claim arising out of or relating to this Agreement between You and Your Userbase is governed by and the place of settlement shall be in the jurisdiction your business or operations is registered in or are based out of. The language of the arbitration shall be English.