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TERMS OF SERVICE CLOSED BETA

Last updated: 20/June/2023

Welcome to Firefish. We have recently launched the Closed Beta Program for accessing and using our Services (as defined below) for invited users (the „Closed Beta“) and want you to completely understand what we do, how we do it and what is required from you so that you may enjoy our Closed Beta perfectly informed.

Please bear in mind that Closed Beta, although allowing users to request and subsequently be invited for early access to Services pursuant to these Terms, is mainly intended as one of the necessary preparatory steps in the process of developing and commercializing our services. Therefore, for example, you may from time to time encounter bugs, glitches, or lack of functionality and the Closed Beta may not be at the level of performance of a final, generally available offering.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SITE OR ANY OTHER FIREFISH SERVICES

1. OUR SERVICES; TERMS; ACCEPTING

(a) Firefish enables the bringing together of individuals and businesses wishing to borrow money (the “Borrowers”) in a form of a peer-to-peer loan collateralized by Bitcoin (a “Bitcoin secured loan”) and individuals and businesses wishing to lend money (the “Lenders”) to Borrowers in a form of the Bitcoin secured loan, along with providing the Borrowers and Lenders with tools and services related to Bitcoin secured loans (collectively with regards to Borrowers, “Firefish Cash” and with regards to Lenders, “Firefish Earn”) such as, for example, organization and technical support of Borrowers in a process of setting-up the escrow environment for the Bitcoin collateral to be posted into (the “Escrow setup support”) and assuming the roles of Payment Oracle and Price Oracle with regards to Bitcoin collateral transferred into the escrow environment (the “Bitcoin collateral escrow”).

(b) The website at “www.firefish.io” (the “Site”), web application available on and accessible through the Site (the “Firefish App”), Firefish Earn, Firefish Cash, including Escrow setup support and Bitcoin collateral escrow, and any other related services, features, functions, products, software and applications (all together with the Site, collectively, the “Firefish services” or “Services”) are provided and operated by Firefish labs, s. r.o., ID No. 172 06 227, a Czech company with its registered office located at Prague (address Křižíkova 148/34, Karlín, 186 00 Praha 8), Czech Republic (“Firefish” or “we”).

(c) All defined terms used herein shall have the meaning ascribed to them in these Terms of Service. Users of the Services and holders of Firefish account are referred to as “you” - in the case of a body corporate, such as a company or any other legal entity or organization (the “Company”), any references to “you” refer to both you as an individual interacting with the Site or otherwise with us, as well as the Company on behalf of which you are using Services or which you will identify on the Site or otherwise to us as the Firefish account holder, user of any Services, Borrower or Lender.

(d) These Terms of Service and all additional terms and conditions incorporated herein by reference (collectively “Terms”) govern your access to, and use of, the Site and other Firefish services. By requesting access to the Services, opening a Firefish account or by accessing or using the Site or any of the other Firefish services or by undertaking any other action that might reasonably be construed as acceptance of these Terms, you represent and warrant that: (i) you are authorized to enter into these Terms for and on behalf of yourself (and your Company); (ii) you (and your Company) can legally enter into these Terms; and (iii) you have read and understand these Terms and agree that you (and your Company) shall be bound by these Terms.

(e) If you do not agree with anything contained in these Terms (at least a single rule of them), please do not use the Site or any of the other Firefish services.

(f) These Terms are effective as of the date first noted above. We reserve the right to update these Terms in our sole and absolute discretion from time to time without notice. You are responsible for periodically checking these Terms for revisions. Revisions will take effect immediately once we have posted the revised Terms on the Site. Your continued use of the Site or any of the other Firefish services after any such revisions will constitute your acceptance of those revisions. Notwithstanding the above, we will seek your consent to future modifications to these Terms to the extent we are required to do so by applicable law.

2. ELIGIBILITY

To access and use the Site and any of the other Firefish services, you must be at least 18 years of age. By applying for access to Firefish services or opening the Firefish account or otherwise accessing the Site or using any of the Firefish services, you represent that: (i) as an individual, you are at least 18 years old; (ii) as an individual or Company, you have full legal capacity and sufficient authorizations to enter into a binding contract; (iii) you have not been previously suspended or removed from using the Site or any of the other Firefish services; (iv) neither you, your Company, nor anyone who controls your Company are (A) target of sanctions of the US and/or EU, or (B) located, organized, or resident in a country that is target of sanctions of the US and/or EU; (v) your use of the Firefish services is legal in your local jurisdiction, and you are not and will not use Firefish services if such use is prohibited or otherwise violates the laws of the country in which you reside or of which you are a citizen; (vi) you have a sophisticated understanding of Bitcoin and the technology that underlies it; and (vii) you will comply with these Terms and all applicable laws, rules and regulations.

3. PRIVACY

We respect and value your privacy. Please take the time to read our Privacy Policy found here, which explains how we collect, use and share your personal information. By applying for or using any of the Firefish services, you agree that we may collect, use and share, as set forth in the Privacy Policy, the information you provide during your application for, access to, or use of any of the Firefish services.

4. RIGHT OF ACCESS AND USE

(a) Subject to your constant and full compliance with all the terms and conditions set out in these Terms, Firefish hereby grants to you a limited, non-exclusive, non-transferable, freely revocable right to access and use the Site and the other Firefish services to the extent and in accordance with these Terms.

(b) These Terms only grant you a limited right to access and use Firefish services. Firefish does not transfer Firefish services or the ownership or intellectual property rights of any Firefish intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the Services or provided through Firefish services, are exclusively owned, controlled and/or licensed by Firefish.

5. ACCESS TO SITE

To access the Site you must have the necessary equipment (such as a smartphone or PC) and the associated telecommunication service subscriptions to access the Internet. Access to the Site may, from time to time, become degraded or unavailable, for example during times of significant volume. We do not represent that the Site or any other Firefish services will be available to you, will be available without interruption or delays or at any time or for any period in the future and we shall not be liable for any losses arising out of or resulting therefrom.

6. FIREFISH ACCOUNT

6.1 Registration

(a) You must apply for a user account with us (a “Firefish account”) before using any of Firefish services. When you apply for a Firefish account, you must provide the information as requested by Firefish, and accept these Terms. Firefish may refuse, in its discretion, to open a Firefish account for you and we are under no obligation to inform you of the reasons, if any, for such refusal.

(b) You may not apply for or register for more than one Firefish account, for a Firefish account on behalf of another individual, operate a Firefish account on behalf of any person who is not eligible to register for or operate a Firefish account in their own name, or register for a Firefish account on behalf of any entity other than a Company over which you have the requisite power and authority to form a binding contract. You may not apply for or register for multiple Firefish accounts on behalf of the same Company.

6.2 True and accurate information

(a) By applying for, opening, registering for, or using your Firefish account or using the Site or any other Services in any way, you (i) represent that all information, materials, data, content, or documents you provide or make available to us is and will remain true, correct, and complete, and you (ii) agree to maintain and update any and all personal information you provide to us to ensure it is true, accurate, current, and complete at all times.

(b) If you provide any information that is untrue, incorrect, inaccurate, not current, or incomplete or Firefish has reasonable grounds to doubt the truthfulness, correctness, accuracy, currency, or completeness of such information, we have, without limitation of remedies or actions that we may undertake or other legal effects of such your provision under these Terms or applicable law, the right to suspend or terminate your Firefish account.

6.3 Additional rules: Companies

(a) By applying for, opening, registering for, or using your Firefish account or using the Site or any other Services in any way on behalf of a Company, you represent that: (i) you are duly authorized to do so; (ii) you have the power and authority to legally bind, including entering into any legal agreement in course of accessing the Services on behalf of, such Company; and that (iii) such Company is in good standing to the best of your knowledge. Furthermore, you represent and warrant that (iv) such Company will abide by all of the terms and conditions of these Terms and any other agreements you may enter into in the course of or in connection with Firefish services.

(b) You may not operate or otherwise use a Firefish account opened for a Company (i) for the benefit of any person other than that Company, (ii) for any purpose prohibited by law or regulation, or any activity which that Company is not duly authorized to conduct.

6.4 Security

(a) You are solely responsible for maintaining adequate security and control of any and all passwords and other account credentials that you use to access your Firefish account (the "Account credentials"). You shall prevent unauthorized access to or use of your Firefish account and promptly notify us of any such unauthorized access or use. You must keep your Account credentials confidential and not authorize any third party to access or use your Firefish account on your behalf.

(b) You shall notify us at [email protected] of any suspected or actual security breach of your Firefish account as soon as possible and cooperate with us in the investigation of any suspected or actual security breach, unauthorized access to, or use of your Firefish Account.

(c) You are solely responsible for all activity that occurs on, in connection with or under your Firefish account (whether or not authorized by you). We shall have no liability to you or any other person for acts or omissions made or committed by you, your agent, representative or third-party service provider in respect of your Firefish account.

7. FIREFISH CASH; FIREFISH EARN

7.1 No lending or borrowing by Firefish; no guarantee

(a) Bitcoin secured loans are privately issued and received by our users (Borrowers and Lenders respectively). Firefish is the Services provider and not a lender or borrower.

(b) You acknowledge and agree that we do not guarantee nor assume any legal responsibility (or liability) whatsoever as regards the compliance with (or breach of) the terms and conditions, including, but not limited to, the right and timely fulfillment of (or default on) any obligations or other legal duties, by respective Borrower(s) or Lender(s).

7.2 Non-binding interest

(a) Firefish cash allows you to submit a non-binding interest (the “Interest”) in borrowing money in a form of a Bitcoin secured loan (the “Borrowing interest”). Firefish earn allows you to submit the Interest in lending money in a form of a Bitcoin secured loan (the “Lending interest”). Interest mainly consists of your preferred Bitcoin secured loan terms, such as loan amount and currency, loan period and loan interest rate.

(b) You may submit multiple Borrowing interests and multiple Lending interests.

7.3 Matching

(a) Borrowing interest and Lending interest that we deem fit may be matched.

(b) It is in our sole and absolute discretion (i) whether we match or do not match any of the submitted Borrowing interests with any of the submitted Lending interests, and (ii) to determine the criteria according to which any of the submitted Borrowing interests and any of any of the submitted Lending interests will be matched.

(c) Without limiting the foregoing, you acknowledge and agree that due to the specifics of Bitcoin secured loan, notably security provided by the Borrower in a form of Bitcoin collateral and Bitcoin collateral escrow thereof, we have no duty whatsoever to consider in our matching any aspects or factors pertaining to the person of Lender or Borrower (e.g. counterparty risk).

7.4 Contract formation

(a) If and after we have matched your Interest, you may be prompted to proceed into the contracting phase where you shall first provide us with additional information as may be requested (“Your details”) such as, for example, (i) in the case of an individual, your full name, your address, details about your bank account, and (ii) in the case of a Company, your Company's full legal name, ID number, registered offices' address, and details about your Company's bank account, along with information about you as the Company's authorized representative consisting of your full name and address.

(b) Subject to completing Your details, you may be shown and prompted to confirm the details of the Bitcoin secured loan (the “Loan details”) (i) in the case of Firefish cash - to be provided to you or your Company (according to Your details), or (ii) in the case of Firefish invest - to be provided by you or your Company (according to Your details), such as, for example Loan Amount, Amount Due, Loan Provision Date Maturity Date, Initial Bitcoin Collateral and Liquidation LTV. Please be advised that Loan details as shown to you may in some instances differ from the Interest you have submitted (and we do not represent that the two will be the same). Therefore you agree to review and check all the Loan details carefully before eventually confirming them.

(c) By confirming the Loan details through the Firefish App you or your Company (according to Your details) will firmly and irrevocably consent with entering into the Loan and security agreement (as defined below).

7.5 Loan and security agreement

(a) Your Bitcoin secured loan will be governed by and subject to (i) Loan details confirmed by you, and (ii) additional terms and conditions as stipulated in the template Loan and security agreement, including the Escrow rules, that will be published at the moment of your confirmation of Loan details (Clause 7.4(c) above) on our Site here (together the “Loan and security agreement”).

(b) We may revise or update the template Loan and Security agreement in our sole and absolute discretion from time to time without notice. You are advised and agree to check the actual version of such document as will be published on the Site at the time of your confirmation of Loan details (Clause 7.4(c); hyperlink will be provided for your convenience through Firefish app.

(c) If there are any conflicts between these Terms and the Loan and security agreement, the Loan and security agreement shall prevail.

(d) The Loan agreement contains legally binding contracts. However, we do not guarantee that your Loan agreement or any term or condition thereof may not be found invalid, ineffective or unenforceable by any competent judicial or other authority and we shall bear no liability should it be the case. YOU SHOULD READ ALL THE LOAN DOCUMENTS CAREFULLY AND CONSULT WITH LEGAL COUNSEL.

7.6 Collateral

(a) Bitcoin secured loans are secured by Bitcoin collateral. Please refer to your Loan and security agreement for further details regarding the nature of, including specific legal arrangements such as the escrow and security transfer of ownership pertaining to, your loan collateral.

(b) Your Loan and security agreement will dictate the cases (such as for example fall of the loan-to-collateral market value ratio below the required level), when defined amount(s) due under such Loan and security agreement shall be, instead of monetary performance, repaid in-kind by escrowed loan collateral or defined part thereof.

(c) Firefish cash users must be willing and able to transfer Bitcoin loan collateral from, and receive Bitcoin loan collateral on, their Bitcoin blockchain address. Firefish earn users must be willing and able to receive Bitcoin loan collateral on their Bitcoin blockchain address.

7.7 Taxes

You are solely responsible for independently assesses and complying with all relevant tax and other legal requirements in connection with your Bitcoin secured loan. Without limiting the foregoing, you are solely responsible for the payment of any eventual taxes related to any revenue you generate.

8. ESCROW SETUP SUPPORT

(a) If you are a Firefish cash user, as a part of the Escrow setup support we will guide you through, and may provide you with certain technical support (such as the dedicated software tool to be compiled and run by on your own hardware and able to construct complex addresses and transactions) for, or other assistance in the course of, the process of setting-up or extending (in case of collateral top-up) the technical and transactional environment created on Bitcoin blockchain consisting of the collateral holding addresses and partially or wholly pre-signed transactions, as stipulated by the Applicable escrow rules (the “Escrow environment”), including pre-signing of certain transactions as previewed by the Applicable escrow rules. Brief description of such process may be found on the Site; we reserve the right to modify or otherwise alter any description(s) thereof from time to time without notice.

(b) In order to allow for setting-up the Escrow environment, you will be asked to provide your Bitcoin blockchain address. This applies to both Firefish cash users and Firefish earn users. Please read and duly consider all the important security notices or other information you may be given through the Firefish App prior to submitting your Bitcoin blockchain address.

(c) Although we may provide you with technical support or guidance, it is your sole responsibility to duly ascertain, by any means you deem necessary, whether the actual escrow environment in place is in full conformity with your Loan and security agreement. You acknowledge and agree that (i) if you are a Firefish cash user, you shall send no Bitcoin into the escrow environment unless you completely agree with its nature, including how it has been set, or that (ii) if you are a Firefish earn user, you shall not disburse any money to the respective Borrower under your Loan and security agreement unless you verified that collateral has been placed in the Escrow environment as required by your Loan and security agreement.

(d) You acknowledge and agree that we shall no liability to you or any other party for any of our actions or inactions or any other our activity concerning the Escrow environment in the course of Escrow setup support (including, but not limited to, pre-signing of any transaction before the respective Bitcoin blockchain address, to which the transaction pertains, is credited with Bitcoin).

9. BITCOIN COLLATERAL ESCROW

(a) Use of your Escrow environment will be governed by the Escrow rules that will be published at the moment of your confirmation of Loan details (Clause 7.4(c) above) on our Site here (the “Applicable escrow rules”).

(b) We may revise or update the Escrow rules in our sole and absolute discretion from time to time without notice. You are advised and agree to check the actual version of such document as will be published on the Site at the time of your confirmation of Loan details (Clause 7.4(c); hyperlink will be provided for your convenience through Firefish app.

(c) The Applicable escrow rules are legally binding for you.

(d) Subject to our acceptance, we will provide you with the Bitcoin collateral escrow strictly according to Applicable escrow rules and only once appointed by both parties to your Loan and security agreement. You acknowledge and agree that we may deem to have been duly and irrevocably appointed by you (i) in case you are using Firefish earn – at latest by you clicking on “Confirm investment details” when prompted by Firefish app, or (ii) in case you are using Firefish cash – at latest by you clicking on “Confirm loan details” when prompted by Firefish app.

(e) Without prejudice to eventual duties imposed upon us by the Applicable escrow rules, Firefish shall bear no risk with regards to any Bitcoin placed in the Escow environment and shall have no duty of custody and preservation thereof.

10. PROHIBITED CONDUCT

You agree not to: (i) interfere with, circumvent or disable any security or other technological features or measures of any of the Firefish services or attempt to gain unauthorized access to any of the Firefish services; (ii) use any automated means to access the Site or collect any information from the Site; (iii) frame the Site, place pop-up windows over the Site's pages, or otherwise affect the display of the Site's pages; (iv) use automated scripts to collect information from the Site or otherwise in connection with any of the Services, including engaging in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content or other information; (v) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any Service user, (vi) use data from the Site or otherwise provided by Firefish in any manner whatsoever, for any competing uses or purposes; (vii) use any of the Services in any manner that violates applicable law or that could damage, disable, overburden, or impair the Site or any other Firefish services or interfere with any other party's comfortable use of the Site or any other Firefish services; (viii) upload, post, transmit, share, store or otherwise make available (A) any content that, in the sole judgment of Firefish, may violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, (B) any private information of any third party, (C) any material that contains software viruses or any other malicious or tracking computer code, files or programs designed to track, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or (D) content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

11. FEEDBACK

(a) You acknowledge and agree that we may collect suggestions, comments, ideas, reviews, testimonials, materials or other feedback from you with respect to us, the Site or other Firefish services that you provide through e-mail, the Services or other ways (collectively the “Feedback”).

(b) By submitting Feedback to us, you (i) acknowledge and agree that (B) such Feedback is non-confidential, and (B) we shall be the exclusive owner of any such Feedback - when and to the extent that our ownership of such Feedback is not permitted by applicable laws, you (ii) grant us a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicenseable right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display, distribute, market, promote, sell, rent or lease such Feedback in any form or medium known.

(c) You acknowledge and agree that you have no right and hereby waive any request for acknowledgment or compensation for any Feedback or any modifications to any of our Services based on any Feedback.

12. THIRD-PARTY WEBSITES

The Site, and some of our communications to you in connection with Services, may contain links or connections to third party websites. Any such link or connection is provided only as a convenience and should be used at your own risk. We have no control over any such other websites, the contents thereof or the products and services represented. The existence or provision to you of any link or other connection to third party websites does not imply any affiliation, sponsorship, endorsement, approval, representation or warranty by us. We will have no responsibility for any damages or liabilities arising from or related to the contents of any third-party website or your use of any such website.

13. NO ADVICE

While we may make certain informational content available to you, under no circumstances do we provide legal, financial, investment, accounting, tax, estate-planning, or other professional advice. You should not construe any information, features, tools, or other content on the Site or otherwise provided by us in connection with any of the Firefish services (such as, for example, the template Loan and security agreement) as being legal, financial, investment, accounting, tax, estate-planning, or other professional advice. We encourage you to seek professional advice regarding any tax and legal requirements with which you must comply.

14. INDEMNIFICATION

(a) You agree to indemnify and hold harmless Firefish and its affiliates and subsidiaries, contractors, directors, officers, employees, agents, third party partners, licensors and suppliers from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, Firefish services, (ii) actions of any party that occurs under your Firefish account, (iii) your breach or our enforcement of these Terms, or (iv) your violation of any applicable law, regulation, or rights of any third party during your use of Firefish services.

(b) If you are obligated to indemnify Firefish and its affiliates and subsidiaries, contractors, directors, officers, employees, agents, third party partners, licensors and suppliers pursuant to these Terms, Firefish will have the right, in its sole discretion, to control any action or proceeding and to determine whether Firefish wishes to settle, and if so, on what terms.

(c) This Chapter (14.) will survive the termination or expiration of these Terms for any reason.

15. LIMITATIONS OF WARRANTIES AND LIABILITY

(a) You acknowledge and agree that the we (i) operate in a Closed Beta regime (including, among other things, no fees being charged to you for or otherwise in connection with any of Services), and that we (ii) make the Site or any other Services accessible to you strictly under disclaimers and limitations as set forth herein.

(b) TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIREFISH AND ITS AFFILIATES AND SUBSIDIARIES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY THE “FIREFISH PARTIES“) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO SERVICES.

(c) USE OF ANY OF THE SERVICES AND ANY THIRD-PARTY DATA, ASSESSMENTS, RESULTS, INFORMATION, SOFTWARE, CONTENT, SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONNECTION WITH OR THROUGH ANY OF THE SERVICES ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING IMPLIED.

(d) THE FIREFISH PARTIES WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR THAT RESULT FROM OR RELATE TO SERVICES OR ANY PARTY'S INABILITY TO USE OR TO OTHERWISE BE PROVIDED WITH THE SERVICES OR TO ANY OTHER INTERACTIONS WITH ANY OF THE FIREFISH PARTIES, UNLESS (WITHOUT PREJUDICE TO ANY ADDITIONAL REQUIREMENT OR CONDITIONS REQUIRED BY APPLICABLE LAW) THE RESPECTIVE FIREFISH PARTY ACTED WITH GROSS NEGLIGENCE.

(e) UNDER NO CIRCUMSTANCES WILL THE FIREFISH PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FROM LOST BUSINESS OR LOST REVENUES OR LOSS OF ANTICIPATED PROFIT) WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT FIREFISH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR THAT RESULT FROM OR RELATE TO SERVICES OR ANY PARTY'S INABILITY TO USE OR TO OTHERWISE BE PROVIDED WITH THE SERVICES OR TO ANY OTHER INTERACTIONS WITH THE FIREFISH PARTIES – IN CASE THE APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY AS STATED HEREIN, THEN FIREFISH PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

(f) You understand and agree that you use, access, download, or otherwise obtain information, materials or data through any of the Firefish services or any third-party site, at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download or use of such material or data.

(g) Nothing in this Chapter (15.) shall exclude liability for fraud or damages caused intentionally.

(h) This Chapter (15.) will survive the termination or expiration of these Terms for any reason.

16. TERMINATION

16.1 Firefish

If you have breached any provision of these Terms or are otherwise not in full compliance with these Terms, the permissions granted to you hereunder will automatically terminate, and in such circumstance, you will no longer access to, or be able to use your Firefish account, the Site or any other Services. We reserve the right to suspend or terminate your right to use your Firefish account, the Site or any other Services, or block you from future use thereof, at any time in our sole discretion, with or without cause, without notice to you and without any penalty or compensation whatsoever. Without limiting the foregoing, we may exercise such right if: (i) you have engaged in conduct which we, acting reasonably, consider to be unacceptable; (ii) we are required by law to do so; or (iii) if we cease to carry on business in the ordinary course. We will not be liable to you due to, by reason of, or otherwise in connection with, our suspension or termination of your right to use your Firefish account, the Site or any other Services.

16.2 You

(a) If you have any concern using the Site or any of the Services, we kindly ask you to first contact us and we will endeavor to resolve any pending issues.

(b) Your only remedy against us with respect to any dissatisfaction with (i) the Site or the other Services, (ii) any term of these Terms, or (iii) any policy or practice of Firefish in operating the Services, is to terminate your Firefish account and your use of all of the Firefish services. You may terminate your use of the Firefish services and your Firefish account at any time.

17. GOVERNING LAW AND JURISDICTION

(a) These Terms, Services and all relationships arising therefrom or related in any way thereto (including, without limitation, liability relationships and relationships arising out of unjust enrichment), form of these Terms, legal requisites for these Terms, validity of these Terms, conclusion and effectiveness of these Terms as well as consequences of their possible invalidity or ineffectiveness shall be governed by the laws of the Czech Republic, irrespective of conflict of law rules.

(b) Any disputes, claims or controversies arising out of or in connection with these Terms, including, without limitation, any ancillary legal relationships, claims for unjust enrichment, claims for damages, disputes on the validity (and legal consequences of its possible invalidity or ineffectiveness), interpretation or termination of these Terms shall be submitted to, and decided by, the courts of Czech Republic (exclusively).

(c) This Chapter (17.) will survive the termination or expiration of these Terms for any reason.

18. MISCELLANEOUS

18.1 Independent parties

Firefish is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.

18.2 No third party beneficiaries

These Terms are intended solely for the benefit of you and Firefish (and any respective successors or permitted assigns) and shall not confer upon any other person any remedy, claim, liability, or other right or privilege. These Terms are not intended and shall not be construed to create any third party beneficiaries or to provide to any third parties with any remedy, claim, liability or other right.

18.3 Entire Agreement

These Terms constitute the entire agreement between the parties regarding use of Firefish services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms.

18.4 Language & translations

These Terms may, at our sole and absolute discretion, be translated into a language other than the English language. You agree that any such translation shall only be for your convenience and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.

18.5 Events outside our control

We shall not be held liable or responsible to you nor be deemed to have defaulted under or breached these Terms for failure or delay in fulfilling or performing any obligation under these Terms when such failure or delay is caused by or results, fully or partially, from causes beyond our reasonable control, including but not limited to non-delivery, defective delivery of third party services necessary to provide the Services (including but not limited to those of our partners, vendors and suppliers), strikes, lock-outs or other industrial action by third parties, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or processing times of the Bitcoin blockchain.

18.6 Severability

If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.

18.7 Assignment

You may not assign or transfer any right to use Firefish Services or any of your rights or obligations under these Terms without our prior written consent. Firefish may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

18.8 No waiver

The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.

18.9 Headings

The chapter, article and other headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.

18.10 Electronic communication

You acknowledge that these Terms are entered into electronically and all communications relating to the Services are provided by electronic means, unless otherwise requested or permitted by Firefish. The Services are not designed for communications to be provided in paper format or through other non-electronic means.

18.11 Survival

Upon termination of these Terms, your use of the Site any of the other Firefish Services, your obligations with respect to security of any outstanding Bitcoin secured loan, including the Bitcoin collateral escrow shall continue without change and any provision which, by its nature or express terms should survive, will survive such termination or expiration.

18.12 Contact us

Should you have any questions, concerns or complaints about the Site, any other of our Services, these Terms, or anything else, please contact our Firefish team at [email protected].