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Terms of service
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Terms of service

Terms of Service for Decaf
This User Agreement (“Agreement”) is between you (“User,” also referred to as “you” or “your”) and Decaf, Inc. (“Decaf,” also referred to as “we,” “us,” or “our”) that governs your use of the services provided by Decaf as described below (the “Decaf Services” or “Services”).
By clicking “I Agree” or by using any Decaf Service, whether through https://decafpay.com or https://www.decaf.so/ or other relevant website URLs, any associated website, APIs, OTC channels, or Decaf mobile application (collectively, the “Decaf App”), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement.
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PLEASE READ THIS USER AGREEMENT CAREFULLY. IF YOU ARE LOCATED IN CERTAIN JURISDICTIONS, YOU AGREE THAT DISPUTES BETWEEN YOU AND DECAF WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
These Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.
‍For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy available at https://decafpay.com/privacy-policy.
‍1. GENERAL USE
1.1. Eligibility
By using the Services, you represent and warrant that you:
  • Are 18 years of age or older;
  • Have the capacity to enter into this Agreement and agree to be legally bound by the terms and conditions of this Agreement, as amended from time to time and are not barred from using the Services under any applicable law;
  • Are not located in, under the control of, or a resident of any country to which the United States has embargoed goods or services, including but not limited to Cuba, Iran, North Korea, Russian controlled areas of Ukraine (such as, Republic of Crimea, Donetsk People’s Republic, Luhansk People’s Republic), or Syria.
  • Are not identified as a Specially Designated National (“SDN”) by the U.S. Department of the Treasury Office of Foreign Assets Control (“OFAC”) or placed on the U.S. Department of Commerce’s Denied Persons List;
  • Are either (a) using the Services only for your own personal use, or (b) using the Services for another entity with authorization from such entity, and you have authority to agree to and do agree to the terms of this Agreement on behalf of such entity; and
  • You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations in your usage of the Services.
  • If you do not meet all of these requirements, you must not access or use the Services.
‍1.2. Modification
We reserve the right to modify this Agreement or change, suspend, or discontinue the Services (including without limitation, removing or limiting access to certain features) at any time in accordance with this provision. If we make changes that will materially disadvantage our existing registered users we will endeavor to provide them with reasonable advance notice. For modifications that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to notify you in advance but we will let you know as soon as practicable. It is also your responsibility to check this Agreement periodically for changes. If you disagree with any modifications your sole remedy is to cease using the Services and close your account. Your continued use of the Services after the effective date of any such modifications will constitute acceptance of the modifications.
‍1.3. Registration of Decaf Account
You must register for a “Decaf Account” to use the Decaf Services. By using a Decaf Account, you agree that you will use the Services only for yourself, or for another entity with authorization from such entity, and you have authority to agree to and do agree to the terms of this Agreement on behalf of such entity. During registration for your Decaf Account, you agree to provide us with the information we request for the purposes of identity verification and the detection of fraud, and you permit us to keep a record of such information. Your access to one or more Services may be contingent on your ability to successfully satisfy our onboarding requirements, including providing any additional information we may request from time to time. We reserve the right to suspend or terminate your Decaf Account if you provide inaccurate, untrue, or incomplete information, if your account is reasonably suspected of activity that violates this Agreement, or if you fail to comply with the account registration requirements. You agree that you won’t disclose your Decaf Account credentials to anyone, and that you will notify us immediately of any unauthorized use of your Decaf Account. You are responsible for all activities that occur under your Decaf Account, whether or not you know about them. We may, in our sole discretion, refuse to open a Decaf Account, or limit the number of Decaf Accounts that you may hold, or limit your ability to access or use certain Services.
‍1.4. Access
To access the Decaf Services, you must have the necessary equipment (such as a smartphone) and the associated telecommunication service subscriptions to access the Internet. The Services can be accessed directly using the Decaf App. Although we strive to provide you with excellent service, we do not represent that the Decaf App or Services will be available without interruption. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including without limitation: (i) equipment or technology malfunctions; (ii) periodic maintenance procedures or repairs which Decaf may undertake from time to time; or (iii) causes beyond the control of Decaf or which are not reasonably foreseeable by Decaf. If for any reason the Services are inaccessible or inoperable, you agree to hold harmless Decaf for any impact this inaccessibility or inoperability may have upon you or your use of the Services.
‍2. SERVICES
2.1. Decaf
In connection with a Decaf Account, Decaf will provide you with an account on the Stellar Network and the Solana Network, featuring one or more cryptographic private and public key pairs. Decaf will also provide the “Decaf Wallet,” and “Decafpay,” which functions as a graphical user interface to allow you to view information about your account on these networks and generate, sign, and submit transactions. The Stellar Network and the Solana Network are not a part of the Services defined herein, however, Decaf will enable you to undertake certain actions and activities on these networks.
2.2. Use of the Stellar and Solana Networks
An account on the Stellar Network or the Solana Network enables the account holder to hold and transfer digital asset balances, undertake certain transactions, interact with smart contracts, and otherwise transact through these networks. Activities on these networks are powered by a network of independent servers and are not controlled by us or any other single entity. We do not and cannot guarantee the successful operation, up-time, security, or functioning of the Stellar Network or the Solana Network. We cannot control the activities of you or third parties who may develop or transact on these networks, validate transactions, or use the networks because we do not control these networks and cannot control activity and data on them. We cannot prevent, erase, reverse, hide, fix, or otherwise change any transaction submitted on these networks. All activity and data on these networks are permanent and public.
You agree and acknowledge that any access or use by you of the Stellar Network or the Solana Network is made solely at your own risk and that we bear no responsibility or liability for your use of these networks, including, without limitation, for any harm, loss, or damages arising from transactions sent to wrong network addresses, incorrectly constructed transactions, software and network problems, technical failures, unauthorized access to any accounts, legal and regulatory matters and consequences, or fraud conducted by third parties.
2.3. Digital Assets
Decaf enables you to store, view, transfer, and otherwise interact with your digital assets on your account on the Stellar Network and the Solana Network. However, we cannot and do not guarantee that Decaf and its related applications will display all digital assets capable of being held in an account on these networks. In providing Decaf, Decaf retains the sole right to select which digital assets from your account on these networks will be displayed to you via the Services. Although Lumens (sometimes referred to as XLM) are the native digital asset of the Stellar Network, and Sol (SOL) is the native digital asset of the Solana Network, neither XLM, SOL, nor any other digital asset held in your account on these networks and displayed in your Decaf is legal tender, backed by any government, or subject to protections or insurance provided by the Federal Deposit Insurance Corporation (FDIC) or the Securities Investor Protection Corporation (SIPC). The fiat value of XLM, SOL or other digital assets held in your account on these networks and displayed on your Decaf may be highly volatile and may lose all value, even if such digital assets purport to track the value of real-world currency. Decaf does not control, and is not responsible for, the value of any digital assets held in your account on these networks and displayed on your Decaf and makes no representation, warranty, guarantee, or recommendation, express or implied, of its value. You agree to conduct independent due diligence on any digital asset you may acquire using Decaf and agree and acknowledge that any purchase of digital assets by you or on your behalf is made voluntarily, willfully, and exclusively at your own risk. We may impose limits on the total value of digital assets you may hold in your account on these networks and displayed on your Decaf at any time. When such limits are imposed, the quantity and value of your digital asset holdings in the account on these networks associated with your Decaf may differ from that which is displayed on the Decaf interface.
2.4. Decaf Credentials
When creating a Decaf account, the Services generate cryptographic private and public key pairs which will comprise your account on the Stellar Network and the Solana Network. When setting up your Decaf Account you will also be enrolled in the “Key Recovery Services.” With the Key Recovery Services, each account on the Stellar Network and the Solana Network that is accessed through Decaf is provisioned with three associated private keys with the following weights: (i) your device private key, which is encrypted and stored locally on your phone, will possess a weight of 1/3 (“User Key”) (ii) a private key stored by Decaf, with a weight of 1/3 (“Recovery Key”); and (iii) a private key encrypted and stored by a key recovery service provider (a “KRSP”), with a weight of ten (“Recovery Key B”). As such, by using Decaf, you agree to allow Decaf to register the account with two recovery servers (Decaf and the KRSP) for key recovery services, and to be bound by the terms and conditions of the applicable KRSP. Recovery Key A and Recovery Key B are for use exclusively in connection with the Key Recovery Services facilitated by a KRSP, as described below. For Key Recovery Services, you acknowledge that Decaf only controls one of the private keys for your account on the Stellar Network and the Solana Network, and that we do not possess sufficient credentials to take any unilateral action with respect to such account or any balances reflected in such account. We will never take action to recover your account unless we receive a request for action that we reasonably believe was submitted by you and has been confirmed by a phone number or email that you have previously linked to your account. You agree to store, outside of the services, a backup of your User Key and all related Decaf credentials, including any passphrases, mnemonic phrases, identifiers, backup phrases, private keys, and network addresses. If you do not maintain a backup of your User Key and Decaf data outside of the Services, you will not be able to access the digital asset balance in your account on the Stellar Network and the Solana Network that are accessed with your Decaf Account in the event that the Services or  Decaf are disrupted or we discontinue or no longer offer some or all of the Services. The Key Recovery Services are provided at our discretion and should not be relied upon for recovery of funds. You acknowledge and agree that the Key Recovery Services may not function reliably, accurately, securely, or effectively, and that we or a KRSP may lose or otherwise be unable to provide or use Recovery Key A or Recovery B at any time for any reason. We will not maintain nor are we responsible for maintaining any data on your behalf. You agree and acknowledge that you are solely responsible for the secure storage of any digital assets accessed through Decaf, your User Key, and any other related private keys in your possession. You agree that in no event will Decaf be liable for the security or control of any digital assets, User Keys, recovery keys, or other credentials held in or related to Decaf. In the future we evolve the key recovery services and key splitting formula, but always ensure that the wallet user has control of the majority of keys.
2.5. Decaf Wallet Transactions
Decaf provides an interface of buttons, links, and other features that enable you to automatically generate, sign, and submit transactions to the Stellar Network and the Solana Network. Decaf will use the cryptographic private key stored locally on your device to sign transactions you initiate and may use the Recovery Key A and Recovery Key B as part of Key Recovery Services to cosign certain transactions. However, we do not control, and are not responsible for, the operation of the Stellar Network or the Solana Network, which are independent, decentralized networks. We do not control the nodes on these networks, the users of these networks, or any other actors involved in generating, validating, or transmitting transactions on these networks, nor do we control the code underlying these networks. We cannot prevent, erase, reverse, hide, fix, or otherwise change any transaction submitted to these networks. We cannot ensure that transactions you attempt to submit via Decaf will be validated by the networks' validators or included in the ledger of transactions. We do not control the order in which transactions are validated and added to the ledger of transactions on these networks or the order in which any state changes are effected on these networks. We do not control, and are not responsible for, the fees charged by these networks for transactions you initiate via Decaf. We do not control, and are not responsible for, the processing speed of transactions you initiate via Decaf, which is determined by the performance and functionality of the Stellar Network or the Solana Network, as well as other factors. We make no representations or warranties about the operation, security, functionality, or performance of the Stellar Network or the Solana Network or any other network, or about the accuracy, reliability, completeness, or timeliness of the transactions you initiate via Decaf. You agree and acknowledge that you are solely responsible for the transactions you initiate via Decaf and that you will bear all risks associated with these transactions, including, without limitation, the risk of loss, theft, and permanent inability to access or control any digital assets sent or received as part of these transactions.
2.6. Decafpay functionality
It is pointed out that Decafpay is an off-ramp aggregator, therefore any sales contract made using the Decafpay platform, is concluded directly between you and the off-ramp provider of your choice. You, and not Decaf, are responsible for the sales you make using Decafpay. The off-ramp provider, and not Decaf, is responsible for any goods or services you may purchase from it using Decafpay, including but not limited to delivery, quality of goods, refunds, fraud, advertising, liability in connection with off-ramp products or services or failure to comply with applicable law.
Unless otherwise stated in these terms and conditions, Decaf will not intervene in any dispute between you and the off-ramp provider related to any transaction you have made through Decafpay. In the event of a dispute with an off-ramp provider or third party, we recommend contacting the other party to try to resolve the dispute. You may submit a complaint about an off-ramp provider to Decaf, and Decaf may forward your complaint to the off-ramp provider with a request that they contact you directly. Except as otherwise provided in these Terms, Decaf will not make judgment on factual disputes or legal claims between you and an off-ramp provider, and has no obligation to resolve any disputes. You release Decaf from any claims, demands and damages related to disputes arising out of your use of Decafpay, including those with other users or third parties.
We do not offer guarantees on the products, services, or information provided by off-ramp providers. We are not responsible for: (a) product liability claims related to products from off-ramp providers; (b) claims suggesting that the offer or sale of products or services by off-ramp providers violates any applicable law or regulation; (c) claims related to products, services, or practices of off-ramp providers that arise under consumer protection laws or similar legislation; (d) information provided by off-ramp providers that is inaccurate, incomplete, or outdated, or (e) actions or omissions of third-party platforms with which you may interact or make purchases.
EXTERNAL SERVICES
3.1. External Services
Decaf may offer, or third parties may provide, links or integrations to other websites, apps, content, or resources (referred to as "External Services"). We only provide these links or integrations for your convenience and do not control, endorse, or bear responsibility for their content, availability, legitimacy, or any content, products, or services accessible from these websites, services, or resources. We do not make any guarantees or representations, express or implied, about these External Services, their owners and operators, the information they contain, or the suitability of their products or services. You agree that your use of such External Services is your sole responsibility and you bear all risks associated with this use. You also agree that your use of External Services is governed by separate terms and conditions between you and the external party.
3.2. Anchors
In addition to other External Services, we may offer you the ability to interact with entities known as "Anchors" on the Stellar Network from within Decaf. An "Anchor" is a Stellar Network participant that: (i) issues digital assets on the Stellar Network that represent the value or ownership of a real currency or other real-life asset (e.g., a dollar-pegged token or "stablecoin"); and (ii) provides eligible individuals the option to convert between a real currency or asset and its equivalent digital asset.
3.3. Services Provided by Anchors
You understand that any services provided by an Anchor, such as the ability to convert between real currency and digital assets tied to real currency, are the sole responsibility of that Anchor, and not Decaf. Your use of any Anchor services will be governed by the terms and conditions set by the Anchor. Decaf does not endorse, make representations or warranties regarding any Anchor's services and expressly disclaims responsibility for such services. You accept that there are risks associated with using an Anchor's services, including but not limited to, the risk of loss of funds, loss of access to digital assets, software bugs or errors in the Anchor’s services, inability to purchase, redeem, or convert digital assets. You agree that Decaf is not responsible for any loss or delay in accessing your digital assets due to issues with an Anchor's services. The maximum amount of real or digital currency that you can convert via an Anchor's services accessed through Decaf may be capped, and this cap may be changed at our discretion without prior notice.
3.4. Stellar/Solana Network DEX
The Stellar & Solana Network includes a built-in decentralized exchange protocol (the "DEX"). The DEX allows account holders on the Stellar & Solana Networks to store their digital asset balances as well as place orders to buy or sell assets. The DEX automatically matches orders to facilitate peer-to-peer exchanges. Although you can access the DEX via Decaf Wallet, Decaf is just a user interface for the DEX and is not affiliated with the DEX or responsible for its functionality, reliability, and security. All DEX transactions are directly between Stellar/Solana Network account holders without any intermediation required by Decaf or any other third party. Through the Decaf Wallet and associated Services, we may provide certain features to help you conduct trades using the DEX more efficiently. We may select which trading pairs to display within the Decaf Services, but there's no guarantee that we will show (or continue to show) any particular trading pair. We may require you to provide certain information before using the DEX-related Services, and we may limit the amounts, sizes, or values of DEX transactions available to you through the Services.
4.1. No Guarantees
You're using our services at your own risk. We offer our tools, applications, and all content "as is" and without any kind of promise or guarantee. We don't assure you that our services will always work perfectly or meet your specific needs. We also don't guarantee that our services comply with all laws and regulations - that's your responsibility to figure out. We're not here to provide financial, legal, investment, or tax advice. Be aware that using our services may be subject to U.S. export restrictions and sanctions.
4.2. Network Risks
You need to know that both the Stellar Network and Solana Network, which we use, are decentralized - no one, including us, controls them. Everything related to the Stellar and Solana software and networks is provided "as is", without any guarantees. We are not responsible for any failure of these networks or any loss of value or access related to digital assets.
4.3. Regulatory Issues
We don't offer securities-related services in the U.S. or to U.S. people, we're not registered with the U.S. Securities and Exchange Commission, and we don't conduct transactions from any user’s account on the Stellar or Solana Networks. We don't provide investment, financial, tax, or legal advice. Regulatory actions could limit or hinder the development of our services or your ability to use them.
4.4. Cryptographic Systems Risks
By using our services, you affirm that you're aware of the risks of cryptographic systems. You understand concepts like cryptographic tokens, key management, and blockchain-based software systems.
4.5. Cryptography Risks
Cryptography is a changing field. Advances in cracking codes or technologies like quantum computers could pose risks to digital assets and our services, leading to theft or loss. We plan to update our services to cope with advances in cryptography, but we can't promise total security. You accept these risks.
4.6. Risks from Third Parties
Transactions involving the DEX, Anchors, or any KRSP have inherent risks from third parties that we don't control. Just because you can transact with these parties via our services, doesn't mean we endorse them. We're not responsible for any issues arising from your use of Third-Party Services or interactions with third parties.
4.7. Volatility of Digital Assets
Cryptocurrencies and blockchain tokens on the Stellar and Solana Networks are highly volatile. Factors like adoption, speculation, technology, and security risks could lead to total loss of value. Also, transaction costs could increase at any time. You accept these risks and agree we can't be blamed for price fluctuations or increased costs.
4.8. Security of Applications
Stellar and Solana Network applications are codes and may have flaws. You need to check any code provided by our services and the reliability of any third-party websites, products, smart-contracts, or content you access or use. Malicious or negligent applications may cause loss. We're not responsible for any issues arising from your interaction with such applications.
4.9. Network Disruption Risks
In case of a Stellar or Solana Network disruption, we might not be able to support activity related to your account. Transactions might not complete, or they might be incorrect or delayed. We're not responsible for any losses you suffer from network disruptions.
INDEMNITY
You agree to defend, indemnify, and hold harmless Decaf, its independent contractors, service providers, advisors, and consultants, and their respective directors, employees, and agents (altogether, the “Indemnitees”), from and against any Claims, damages, costs, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or related to: (i) your use of the Services; (ii) your violation of the terms of this Agreement; (iii) your violation of any rights of another; (iv) your conduct in connection with the Services; or (v) your use of the Stellar or Solana Networks, or any digital asset. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify any of the Indemnitees, we reserve the right, in our sole discretion, to control any action or proceeding and to determine whether to settle and on what terms.
LIMITATION ON LIABILITY
YOU AGREE THAT IN NO EVENT WILL YOU SEEK TO HOLD DECAF, NOR WILL DECAF BE LIABLE FOR, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SERVICES, THE STELLAR OR SOLANA NETWORKS, DECAF, OR ANY DIGITAL ASSETS ASSOCIATED WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SERVICES; THE SECURE STORAGE OF YOUR PRIVATE USER KEYS OR OTHER RELEVANT CREDENTIALS; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SERVICES; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICES; ANY ACTIVITIES OR COMMUNICATIONS OF THIRD PARTIES; ANY LOSS OF VALUE FOR ANY DIGITAL ASSET; OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT DECAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON DECAF OR THE SERVICES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY WILL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
INTELLECTUAL PROPERTY
7.1. Our Proprietary Rights
All title, ownership and intellectual property rights in and to the Services are owned by Decaf or its licensors. You acknowledge and agree that the Services (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are protected by copyright, trademark, and other intellectual property rights and laws of the United States and other applicable countries. You agree to abide by all applicable proprietary rights and laws, as well as any trademark or copyright notices or restrictions contained in this Agreement. These Terms of Service permit you to use the Services for your personal, non-commercial use only. Unless otherwise expressly indicated, you are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the Services for commercial or public purposes without our express authorization or as expressly permitted by applicable copyright or trademark law.
7.2. Trademarks
Decaf, its logos, and any related product or service names, logos, or slogans, including, without limitation, the “Decaf” name and design, contained herein are trademarks or service marks of Decaf and may not be copied, imitated, or used, in whole or in part, except as expressly permitted in this Agreement or with the prior written permission of Decaf. All other trademarks, names, or logos mentioned in connection with the Services are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the written permission of the applicable trademark holder. The inclusion of any such reference does not constitute an approval, endorsement, or recommendation by us.
7.3. Limited License
We grant you a limited, nonexclusive, nontransferable license to access and use the Services, Decaf App, Decaf source code, and related content, materials, and information (collectively, “Content”) solely for purposes approved by Decaf from time to time. Any other use of the Content is expressly prohibited and all other right, title, and interest in the Content is exclusively the property of Decaf or its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part without the prior written consent of Decaf. The Decaf software application, including without limitation the Decaf App, the Content, and the Services, are not sold or transferred to you, and Decaf and its licensors retain ownership of all copies of the software applications even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices. Except for the rights expressly granted to you in this Agreement, Decaf grants no right, title, or interest to you in the Decaf App, the Content, or the Services. Notwithstanding anything herein to the contrary, nothing in the Terms entitles you to use, copy, fork, modify or create derivative works based on the Decaf App’s source code for commercial purposes without our prior written consent.
7.4. Feedback
We welcome your feedback, comments, ideas, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at help@decaf.so or soporte@decaf.so for Spanish. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
BANNED PRACTICES
8.1. Legitimate Usage
You must agree to utilize the Services for lawful objectives and in agreement with this Agreement's terms and user guidelines. Determining if your jurisdiction's specific laws apply and/or limit your Services usage, including transactions involving Stellar Network, the DEX, any Anchor or KRSP, including but not limited to any restricted activities, registration, or reporting obligations, is your responsibility. You must agree to be fully accountable for any acts and omissions occurring with your Services usage and agree not to engage in prohibited Services usage. You must not do any of the following under any circumstances:
  • Utilize the Services to deceive, threaten, harass, stalk, spam, misuse, or otherwise violate others' legal rights (including privacy and publicity rights);
  • Behave, or neglect to behave, in your Services usage in a way that violates any applicable federal, state, local, or international law or regulation (including, but not limited to, any laws regarding export restrictions or economic sanctions);
  • Give false, inaccurate, or misleading information;
  • Dispatch, upload, download, or knowingly receive, use, or re-use any material which, in Decaf’s discretion, is abusive, inappropriate or otherwise does not comply with this Agreement's terms;
  • Scrape or gather information from the Services, including about others, without our prior consent;
  • Attempt to disrupt, interfere, damage, or gain unauthorized access to any parts of the Services or any other computer network, server, computer, or database connected to the Services, including without limitation the Stellar Network;
  • Impersonate or attempt to impersonate another person or entity, including another user, Decaf, a Decaf employee, contractor, or director;
  • Spread, store, or transmit viruses, scareware, Trojan horses, or other malicious code or program;
  • Utilize the Services to partake in or support any phishing, spoofing, or similar attack;
  • Utilize the Services to participate in, fund or otherwise support fraudulent or illegal activity including but not limited to funding terrorism, money laundering, or illegal money transmission or currency exchanging;
  • Engage in any abusive behavior, including but not limited to farming of accounts or digital assets;
  • Engage in any disruptive behavior or conduct that restricts or inhibits anyone’s Services usage or enjoyment; or
  • Engage in any other activity deemed by Decaf to conflict with the terms of this Agreement's spirit or intent or that, as determined by us, may harm Decaf or Services users, or may expose them to liability.
8.2. Economic Sanctions Limitations
The Services are under applicable U.S. export laws and regulations. You must comply with all applicable economic sanctions laws and regulations applicable to the Services and Services users. You cannot transfer the Decaf mobile application to anyone or anywhere on the U.S. Treasury Department’s List of Blocked Persons and Specially Designated Nationals (found at https://sanctionssearch.ofac.treas.gov/) or use the Services in relation to any transactions with such persons. You declare and guarantee that you are not on any of such lists or under the control of or an agent for anyone on such lists. You cannot take a copy of the Decaf mobile application to a U.S. embargoed country (as of these Terms' date, including but not limited to: Russian-controlled regions of Ukraine, Cuba, Iran, North Korea, or Syria) or use the Service to engage in transactions with any person who, at the transaction's time, is located in one of those jurisdictions.
RESOLVING DISPUTES
9.1. Governing Law, Forum, and Venue
This Agreement and any related action will be governed by the U.S. state of California's laws, without regard to its conflict of laws provisions. If you are a User located in the United States or Canada, the “Special Arbitration Provision for United States or Canada Users” section below applies to you. If you are not in the United States or Canada, you agree to resolve any claim you have with us relating to, arising out of, or in any way in connection with this Agreement, us, or our Services exclusively in the state courts located in the City and County of San Francisco, California, or federal court for the Northern District of California, and you agree to submit to such courts' personal jurisdiction for litigating all such grievances.
9.2. Special Arbitration Provision for United States or Canada Users
If you are a user located in the United States or Canada, you and Decaf agree to arbitrate any disputes, controversies, or claims (any of the foregoing, a “Claim”) arising from this Agreement or relating to the Services. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Decaf agree to the following:
  • Neither you nor Decaf will have the right to litigate a Claim in court or to have a jury trial on a Claim, or to engage in pre-arbitration discovery;
  • Arbitration will only decide any Claim between you and us, and you may not consolidate or join the Claims of other persons who have similar Claims. YOU AGREE THAT YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, OR AS A PRIVATE ATTORNEY GENERAL, PERTAINING TO ANY CLAIM ARISING FROM THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICES;
  • Each party will notify the other of any dispute within thirty (30) days of when the dispute's cause arises; and
  • Each party will attempt informal resolution prior to any demand for arbitration.
If arbitration is chosen by any party, the following will apply:
  • Arbitration will be conducted confidentially by a single arbitrator in accordance with the JAMS Streamlined Arbitration Rules, unless your aggregated Claims are for $250,000 or more, in which case its Comprehensive Arbitration Rules shall apply;
  • Arbitration will occur in San Francisco, California, and the arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1 through 16, including but not limited to applicable statutes of limitation, and will honor claims of privilege recognized at law;
  • The state or federal courts in San Francisco County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration;
  • In any arbitration, the parties will not seek discovery from each other, and the arbitrator will not allow parties to engage in discovery; instead, each party will disclose the evidence supporting their positions at a mutually agreeable time and date prior to the final hearing;
  • At the request of either party, all arbitration proceedings will be conducted in the utmost secrecy and, in such case, all documents, testimony, and records will be received, heard, and maintained by the arbitrators in secrecy under seal, available for inspection only by the parties, their respective attorneys, and their respective experts, consultants, or witnesses who have agreed, in advance and in writing, to receive all such information as confidential to be used solely for purposes of the arbitration; and
  • Other than class procedures and remedies discussed herein, the arbitrator has the authority to grant any remedy that would otherwise be available in court.
If the requirement to arbitrate and/or the prohibition against class actions and other Claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Special Arbitration Provision for United States or Canada Users section will be null and void.
9.3. Time Limitation
YOU AGREE THAT ANY CLAIM AGAINST DECAF MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER THE SPECIAL ARBITRATION PROVISION FOR UNITED STATES OR CANADA USERS SECTION 9.2) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. This Section will not apply to any statutory claim that, under applicable law, cannot be limited.
9.4. Jury Trial Waiver
If a Claim proceeds in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
MISCELLANEOUS
10.1. No Third-Party Beneficiaries
No provision of this Agreement is intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between you and Decaf.
10.2. Assignment
This Agreement will be binding on your successors, heirs, personal representatives, and assigns. You may not assign, delegate, or transfer any of your rights or obligations under this Agreement without prior written consent of Decaf, which may be withheld in Decaf’s sole discretion for any reason or no reason. Decaf may assign its rights and duties under this Agreement to any party at any time, in our sole discretion, without notice to you.
10.3. Waiver
No waiver by Decaf, whether by conduct or otherwise, of any term, provision, or condition set forth in this Agreement will be deemed a further or continuing waiver of such term, provision, or condition or a waiver of any other term, provision, or condition. Any failure or delay of Decaf to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
10.4. Severability
If any provision of this Agreement is deemed unlawful, invalid, or otherwise unenforceable, then that provision, to the minimum extent necessary, will be eliminated and deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
10.5. Entire Agreement
This Agreement constitutes the complete and exclusive statement of the agreement between you and Decaf with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning the Services.
10.6. Termination, Suspension, and Survival
Decaf may terminate or suspend all or part of the Services and your access to the Decaf App immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your access, your right to use the Services will immediately cease. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, dispute resolution, and limitations of liability.
10.7. Electronic Notices
You consent to receive all communications, agreements, documents, receipts, notices, and disclosures electronically (collectively, our “Communications”) that we provide in connection with this Agreement and any Services. You agree that we may provide our Communications to you by posting them on the Decaf App or through the Services or by emailing them to you at the email address you provide in connection with using the Services. You should maintain copies of our Communications by printing a paper copy or saving an electronic copy. You may also contact our support team regarding questions about electronic communications at help@decaf.so or soporte@decaf.so for Spanish.
10.8. Force Majeure
If by reason in whole or in part of any Force Majeure Event Decaf is delayed or prevented from complying with this Agreement, then such delay or non-compliance will not be deemed to be a breach of this Agreement, and no loss or damage will be claimed by you by reason thereof. “Force Majeure Event” means any event beyond the party’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, disease, pandemic, insurrection, riot, labor dispute, accident, action of government, communications, power failure, failure in bank performance, network failure, epidemic, or equipment or software malfunction including network splits or “forks” or unexpected changes in a computer network upon which the Services rely.
10.9. Taxes
It is your responsibility to determine what, if any, taxes apply due to your use of Services, including any transactions involving the Stellar Network, the DEX, or any Anchor, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. Decaf is not responsible for determining or informing you whether taxes apply to your transactions, or for collecting, reporting, withholding or remitting any taxes arising from any transactions, whether involving digital assets or real currency, associated with the Services.
10.10. Relationship of the Parties
Nothing in this Agreement is intended to create a custodial arrangement, agency, or trusteeship.
10.11. Technical Support
We may supply electronic or other technical support services, but cannot guarantee immediate responses.
10.12. Contact Information
For any purpose other than technical support requests, you may contact us by registered post or courier: Sunship, Inc. PO Box 192750, PMB 24194, San Francisco, CA 94119. For technical support requests only, you may email us at help@decaf.so or soporte@decaf.so for help in Spanish.