PROVIDUS FINANCE TERMS OF SERVICE
1. Introduction
Thank you for using Providus Finance! These Terms of Service (the
“Terms” or “Agreement”) govern your rights and
obligations relating to your access to and use of the https://providusfinance.net website and any other related services, applications, and content provided
by us (collectively, the “Services”).
BY REGISTERING FOR A USER ACCOUNT OR USING THE SERVICES, YOU HAVE READ,
UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. PLEASE READ THESE TERMS
CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND
RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY, BINDING
ARBITRATION, AND WAIVER OF CLASS ACTION CLAIMS. IF YOU DO NOT ACCEPT THIS
AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES.
All references in these Terms to “we,” “us,”
“our,” or “Providus” refer to Providus Finance Inc., a
Delaware corporation, and our affiliated entities, as applicable. The term
“you,” “your,” or “user” refers to any
individual or entity that accesses the Services, including any individuals
who access the Services on behalf of an entity.
2. Changes to these Terms We reserve the right to change these Terms from time to time, with or
without notice to you. If you continue to use the Services, you consent to
the new Terms, as modified. Any changes to these Terms will become
effective on the “Effective Date” indicated above. If you
continue to use the Services after the Effective Date, you consent to the
new Terms. We will always have the latest Terms posted on the Services.
3. Overview of the Services The Services provide users an easy-to-use, secure Bitcoin exchange and
custodial wallet. What separates Providus from the pack is our deep
functionality built exclusively around the Bitcoin network. Subject to
these Terms, users that meet the eligibility requirements described below
are able to buy, sell, send, receive, and store Bitcoin.
Providus is a regulated financial institution. As such, we endeavor to comply
with all laws and regulations applicable to our business, including the
Bank Secrecy Act (“BSA”), anti-money laundering and terrorism
financing (“AML”) regulations, and federal and state money
transmission licensing requirements of the states and jurisdictions in
which we operate.
4. Your User Account & Information
4.1 You must meet eligibility criteria to use the Services.
To be eligible to use the Services, you must meet the following
requirements:
You must be at least 18 years old.
You must register for a Providus user account via the Services (a
“User Account”).
By signing up for a User Account, you represent and warrant that you meet all
of the eligibility criteria for the Service.
4.2 You must register for a User Account.
Before being able to use the Services to buy, sell, receive or send
Bitcoin, you will be required to register for a User Account. You agree
to provide accurate, current, and complete information during the
registration process and to update such information to keep it up to
date. You can only have one Providus User Account at any time. We reserve
the right to suspend or terminate your User Account according to these
Terms if we determine that any information provided by you is inaccurate
or incomplete. We may, in our sole discretion, refuse to open a User
Account, or limit the number of User Accounts that you may hold or
suspend or terminate any User Account or the trading of Bitcoin in your
account.
If you register for a User Account on behalf of an entity, you represent
and warrant that you have authority to (i) accept these Terms on behalf
of and bind such party, and (ii) provide information on behalf of such
party.
4.3 You must safeguard your User Account.
You are responsible for safeguarding your User Account information,
including your password. You agree not to disclose your password to, or
share your User Account with, any third party. You agree to take sole
responsibility for any activities or actions under your User Account,
whether or not you have authorized such activities or actions. You will
immediately notify us of any unauthorized use of your User Account.
You agree that we will not be liable for any loss or harm that you incur
if someone else uses the Services from any of your devices, either with
or without your knowledge, and that you will be solely responsible for
such use, whether or not you authorized the use.
4.4 We will verify your identity.
As a regulated financial institution, we are required to obtain
information about and verify the identity of our users. To comply with
our BSA/AML obligations, we will request that you provide certain
information to us about you. This information will be used by us for the
purposes of identity verification and the detection of money laundering,
terrorist financing, fraud, or any other financial crimes. You agree
that all such information provided by you will be complete and accurate,
that you will keep us updated if any of the information you provide
changes, and that we may keep a record of such information consistent
with our BSA/AML obligations.
In addition to collecting information from you, we are required to take
reasonable steps to verify your identity as a user. You expressly
authorize Providus to take any and all actions that we reasonably deem
necessary to verify your identity or protect you and/or us against fraud
or other financial crime. These may include, but are not limited to,
engaging third-party services to assist with such verification efforts,
sharing your information with such third parties, and collecting
additional information about you from such third parties.
4.5 Some cases require Enhanced Due Diligence.
Certain users may be subject to a more rigorous identity verification
program (“Enhanced Due Diligence”) consistent with our
BSA/AML obligations due to the increased risk of money laundering,
fraudulent activity and sanctions risk. In such cases, you agree to
comply with Providus' requests to provide such information and
documentation as is necessary for us, either directly or through our
third-party vendors, to complete the Enhanced Due Diligence. You
acknowledge that if we determine, in our sole discretion, that you are
unable to satisfy the requirements of our Enhanced Due Diligence,
certain functionalities of the Services may not be available to you.
4.6 You agree to our Privacy Policy.
The type of information we collect from and about you as you use the
Services, as well as how we use, share and retain that information is
set forth in our Privacy Policy. By accessing and using the Services, you grant us the right to use,
share and retain the information we collect from and about you as
described in these Terms and in our Privacy Policy.
5.
Buying, Selling, Transferring, And Holding Bitcoin
5.1 You may buy and sell Bitcoin for U.S. Dollars.
Subject to the eligibility and verification requirements set forth in
these Terms, you may buy or sell Bitcoin in exchange for U.S. Dollars
(“USD”). We currently do not support the purchase of Bitcoin through
credit card, debit card, or any other means.
5.2 We will provide you with a Bitcoin wallet.
Subject to the eligibility and verification requirements set forth in
these Terms, we will provide you with a digital wallet to hold Bitcoin
(a “Wallet”). Providus assumes no
responsibility for any violation, or attempted violation, of the
foregoing, which may result in loss of assets.
5.3 You own your Bitcoin.
Providus does not own or borrow any Bitcoin in your Wallet. Rather, all
Bitcoin in your Wallet are custodial assets held by us on your
behalf. All Bitcoin assets are held in full reserve and earn
interest. You have all rights, title, and interest in and to the Bitcoin
held by us for your benefit. You have the power to store, sell, or
transfer all such Bitcoin. Except as required by law or as otherwise set
forth in these Terms, we do not sell, transfer, or otherwise dispose of
your Bitcoin without your consent. As the owner, you alone bear all risk
of loss, including loss of value, associated with the Bitcoin in your
Wallet.
5.4 Bitcoin is not an insured asset.
You understand and acknowledge that Bitcoin is not subject to
protections or insurance provided by the Federal Deposit Insurance
Corporation, the Securities Investor Protection Corporation, or any
other agency or organization. Providus will have no responsibility or
liability to you or anyone else for any loss of Bitcoin
held in your Wallet.
You are permitted to maintain a balance of USD in your User Account for
the purpose of using the Services. Your USD balance is held on deposit
in an account established specifically for our clients’ benefit.
The account is legally distinct from our transaction and business
accounts. The account is maintained by Providus with the intention that
client deposits in the account are eligible for FDIC deposit insurance
(up to $25,000,000) and for custodial services.
5.6 You can buy Bitcoin from us and sell Bitcoin to us by sending us an email.
When you place an order to buy Bitcoin through the Services, you are
requesting to purchase, directly from Providus, the quantity of Bitcoin
indicated on your purchase order at the then-applicable Bitcoin
buy-price listed on the Services and on your purchase order. Subject to
the requirements set forth in these Terms and as otherwise communicated
by us to you, when your order executes, we will sell you Bitcoin from
our reserves and credit such quantity of Bitcoin to your Wallet. When you
place a buy order through the Services, you expressly authorize us to
initiate a debit entry to your bank account for the amount listed
in the order, which shall include our transaction fees and any other
fees as set forth in these Terms. You are required to maintain an
adequate balance in your bank account to cover the fees associated with
any Bitcoin you purchase.
Conversely, when you place an order to sell Bitcoin through the
Services, you are requesting to sell, directly to Providus, the quantity of
Bitcoin indicated on your purchase order at the then-applicable Bitcoin
sell-price listed on the Services and on your purchase order. Subject to
the requirements set forth in these Terms and as otherwise communicated
by us to you, when your order executes, we will buy such amount of
Bitcoin from you, deduct such quantity of Bitcoin from your Wallet, and
credit your designated bank account for the applicable sale price.
5.7 We set the Bitcoin price listed on the Services.
We do not make any guarantees or representations as to the accuracy of
the Bitcoin price listed on the Services as of any point in time. We
determine the buy-price and sell-price of Bitcoin at our discretion
based on available market information. Providus will not be responsible for
any differences between the buy-price or sell-price of Bitcoin listed on
the Services and the prices listed on any third-party services.
5.8 Your User Account may be subject to certain limitations.
In order to detect money laundering, fraud and other criminal activity,
we may impose certain limitations on your User Account and your ability
to buy, sell, and transfer Bitcoin. These may include, but are not
limited to, the following measures:
Subject to these Terms, you may purchase Bitcoin after registering a
User Account and submitting the required information but before we
have verified your identity. However, you may not execute any other
transactions, including transferring Bitcoin into and out of your
Wallet or selling Bitcoin, until we have verified your identity
consistent with these Terms.
We may impose
limits
on the amount of Bitcoin you can buy or sell in a given period. Your
transaction limits may vary depending on a number of factors,
including the verification steps you have completed. We reserve the right to change applicable
limits as we deem necessary in our sole discretion.
Any transfer of USD to your User Account will be subject to a
settlement period to ensure that the transaction was not fraudulent.
During this settlement period, any Bitcoin that you buy with these
funds will appear in your “Total Balance,” but it will not
be reflected in your “Available Balance” (i.e. the amount
of Bitcoin that is eligible for withdrawal or transfer). Therefore,
you may not be able to withdraw or transfer unsettled USD or Bitcoin
during the settlement period.
We may further limit your ability to withdraw or transfer Bitcoin or
USD. We reserve the right to cancel or reverse any transaction, even
after funds have been debited from your bank account or Bitcoin has
been received by us.
5.9 We charge transaction fees.
When you buy or sell Bitcoin using the Services, we charge a transaction
fee. We will also notify you of our fees for any transaction before you
execute a buy or sell order, and we will include such fees on the
receipt we provide to you after the transaction is complete. By using
the Services, you agree that we may collect our transaction fees by
reducing them from your Available Balance.
Please note that our fees are subject to change. We will provide you
notice of changes in our fees by posting the changes to the Services or
otherwise communicate them to you in writing. Your continued use of the
Services after the effective date of such change will constitute your
agreement to pay the updated fees.
5.10 We will collect third-party fees.
In addition to our fees, we may also charge third-party fees related to
the execution of a wire or a Bitcoin transaction. We will calculate such
third-party fees at our discretion, although we will always notify you
of the fee at or before the time you authorize the transaction. You
agree that we may collect such third-party fees by reducing them from
your Available Balance.
5.11 You are responsible for maintaining adequate funds in your bank
account.
If you do not have sufficient funds in your bank account to cover a
transaction you initiate through the Services, or in the event of a
returned transaction, we may take any action we deem necessary and
appropriate, including reversing the transaction, if possible, or
withdrawing Bitcoin or USD from your User Account to cover the cost of
the transaction and any other fees or losses incurred by us as a result
of insufficient funds or any returned transaction.
5.12 Bitcoin transactions are not reversible.
Please be advised that Bitcoin transactions are not reversible. As such,
once a buy or sell order is completed or is in pending status, it may
not be cancelled. Similarly, you should exercise caution when making
transfers from and to your Wallet, as such transactions cannot be
stopped once initiated.
When you or any third party transfers Bitcoin to your Wallet, you must
use a Bitcoin address or Lightning Network invoice associated with your
Wallet that is provided to you by us. The transferring party (whether
you or a third party) shall be solely responsible for executing the
transaction properly. Providus assumes no responsibility for, and shall not
be liable to you or any third party, for any lost Bitcoin or other
assets as a result of an incorrect Bitcoin address, Lightning Network
invoice, inadequate network/miner fees, an attempt to transfer any
digital assets other than Bitcoin to your Wallet, or any other improper
transfer instructions.
Similarly, when you transfer Bitcoin from your Wallet to an external
address, you are solely responsible for ensuring that the recipient is
able to receive the Bitcoin and that the instructions you provide to us
are accurate. Providus assumes no responsibility for, and shall not be
liable to you or any third party for, any Bitcoin in your Wallet once an
outbound transfer is initiated pursuant to your instructions.
5.13 You are solely responsible for any taxes.
Your purchase and sale of Bitcoin may be subject to certain tax
obligations. It is your sole responsibility to determine whether, and to
what extent, any taxes apply to any transactions you conduct through the
Services, and to withhold, collect, report and remit the correct amounts
of taxes to the appropriate tax authorities. Your transaction history is
available through your User Account.
5.14 We may be required to report and transfer unclaimed Bitcoin or USD
to authorities.
If your User Account is closed or becomes inactive, we may be required
to report any remaining Bitcoin or USD in your User Account to the
authorities after the passage of applicable waiting periods specified by
law. If this occurs, we may attempt to contact you at the email or
mailing address we have on file for you. If we are unable to contact you
after a reasonable amount of time, we may be required to deliver such
Bitcoin or USD to the authorities.
5.15 Our obligations in the event of your death.
If you have agreed to a Transfer on Death Authorization and Agreement
(“TODAA”) and we receive notice of your death, we will attempt to
distribute your account to your designated beneficiaries consistent with
the terms of your TODAA. These Terms will neither supersede not affect
your acceptance of the TODAA. In addition to other requirements set
forth in your TODAA, your beneficiary(ies) will be required to agree to
the Terms.
If you have not agreed to a TODAA and we have reason to believe that you
have died (including if we receive legal documentation of your death),
we will suspend your User Account. We may also take steps to
investigate, including through third parties, whether you have died. If
we reasonably determine that you have died, any Bitcoin or USD in your
User Account will be held until your designated fiduciary creates a new
User Account and undergoes our verification procedures set forth in
these Terms. You agree that your fiduciary may not access your Bitcoin
or USD unless and until he or she creates a new User Account. We reserve
the right, at our sole discretion, to effect the transfer of the value
in your User Account to your fiduciary by selling any Bitcoin in your
User Account and transferring the USD proceeds to your fiduciary. If you
have not designated a fiduciary on your User Account, we may either
require an order designating a fiduciary from a court having competent
jurisdiction over your estate or otherwise determine a fiduciary
entitled to inherit your Bitcoin or USD based on our review of your
will, trust, or other legal documentation.
6. Our Intellectual Property Rights The Services contain important and proprietary property owned by us,
including software, that constitutes our trademarks, trade secrets and
other intellectual property. Nothing in these Terms shall be construed as
a conveyance of any ownership right or title in or to our property. We
only grant you a limited, nonexclusive, non-transferable,
non-sublicensable, and revocable license to use the Services for the
purposes permitted by these Terms, and only for as long as you are
permitted to access the Services.
The Services, including any images, illustrations, posts, audio clips,
photographs, editorial content, notices, software (including html-based
computer programs), and other content related to the Services, are the
property of Providus and its affiliates, or are the property of a third party
who has granted Providus permission to use such material, and in any case are
protected from unauthorized copying and dissemination by copyrights that
are owned or licensed by Providus and by copyright law, trademark law,
international conventions and other intellectual property laws. All logos
or product names are trademarks or registered trademarks of their
respective owners. You may not reproduce, perform, create derivative works
from, republish, upload, post, transmit, distribute, decompile,
reverse-engineer, disassemble, or otherwise convert in any way whatsoever
any materials from the Services without our prior written permission.
Nothing contained on these Terms should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use the
Services or any information displayed on the Services except: (a) as
expressly permitted by these Terms or (b) with the prior written
'of Providus or such third party that may own the trademark or
copyright of information displayed on the Services.
7. Services Beyond Our Control Providus is not responsible for, makes no guarantees about, and assumes no
liability for, any services beyond our reasonable control. These may
include, but are not limited to, the following:
Any third-party sites or services that are integrated with the Services.
Such third parties include, without limitation, vendors that assist us
with verifying the identity of our users, enabling transactions, and
otherwise providing the core functionality of the Services.
Any third-party websites and businesses that are referenced in the
Services. You acknowledge and agree that we are not responsible for the
accuracy, content, or functionality of the services or information
provided on or by such third-party websites or businesses. Nothing on
the Services shall be considered an endorsement, representation, or
warranty of anything contained in such third-party communications,
including all products or services advertised therein, if any.
The underlying software protocols that governs the operation of Bitcoin.
You acknowledge that Providus has no control over the Bitcoin protocol and
cannot guarantee its functionality; that the Bitcoin subject to forks
and other changes to the underlying protocol that may impact the value
and functionality of the Bitcoin in your Wallet; and that you understand
all of the risks associated with holding Bitcoin as an asset. In the
event of any fork in the Bitcoin protocol, Providus may take any action it
deems necessary, in its sole discretion, in connection with such fork.
You understand that, as a result, Providus may choose to disregard any
forked assets and that you may not be entitled to receive such assets.
8. Restrictions on your use of the Services
8.1 You may only use the Services for its intended purpose.
You represent and warrant that your use of the Services does not and
will not conflict with any pre-existing obligation in conflict or in any
way inconsistent with the provisions of these Terms. You may only use
the Services for its intended purpose, and not for any other purpose.
Any non-permitted use of the Services, as determined in our sole
discretion, shall be grounds for immediate termination of these Terms
and immediate termination of your use of, and access to, the Services.
You are only entitled to access and use our Services for lawful
purposes.
8.2 You may not engage in prohibited conduct.
You covenant and represent that you will not use the Services to engage
in, or aid or abet in, the violation of any law, statute, ordinance, or
regulation. These include, without limitation, violation of any
sanctions programs administered in any jurisdiction in which we operate
(such as the U.S. Department of Treasury's Office of Foreign Assets
Control ("OFAC")).
Without limiting the generality of the foregoing, you may not use the
Services in connection with any of the following businesses or
activities:
Intellectual property or proprietary rights infringement
: sales, distribution, or access to counterfeit music, movies,
software, or other licensed materials without the appropriate
authorization from the rights holder; any product or service that
directly infringes or facilitates infringement upon the trademark,
patent, copyright, trade secrets, or proprietary or privacy rights
of any third party;
Counterfeit or unauthorized goods: sale of counterfeit goods; unauthorized sale or resale of brand
name or designer products or services; sale of goods or services
that are illegally imported or exported;
Gambling or games of skill: lotteries; bidding fee auctions; sports forecasting or odds
making for a monetary or material prize; fantasy sports leagues with
cash prizes; internet gaming; contests; sweepstakes; games of chance
including legal or illegal forms of gambling, internet gambling,
sweepstakes and contests with a buy-in or cash prize; charity
sweepstakes and raffles for the explicit purpose of
fundraising;
Soliciting, selling or offering for sale regulated or illegal
products or services: cannabis dispensaries and related businesses; sale of tobacco,
e-cigarettes, and e-liquid; online pharmacies; prescription-only
products including card-not-present pharmaceuticals; peptides and
research chemicals; fake references or identification services;
age-restricted goods or services; weapons and munitions; gunpowder
and other explosives; fireworks and related goods; toxic, flammable,
and radioactive materials; products and services with varying legal
status on a state-by-state basis; goods or services, the sale of
which is illegal under applicable law in the jurisdictions to which
your business is targeted or directed;
Adult content and services: pornography and other obscene materials depicting nudity or
explicitly sexual acts; sites offering any sexually-related services
such as prostitution, escorts, pay-per view, adult live chat
features; adult toys; adult video stores and sexually oriented
massage parlors; gentleman’s clubs, topless bars, and strip
clubs; sexually oriented dating services;
Unfair, predatory or deceptive practices: investment opportunities or other services that promise high
rewards; sale or resale of a service without added benefit to the
buyer; resale of government offerings without authorization or added
value; sites that we determine in our sole discretion to be unfair,
deceptive, or predatory towards consumers; platforms that facilitate
the publication and removal of content (such as mug shots), where
the primary purpose of posting such content is to cause or raise
concerns of reputational harm;
Aggregation: engaging in any form of licensed or unlicensed aggregation of
funds owed to third parties, factoring, or other activities intended
to obfuscate the origin of funds; payment facilitation;
Drugs and drug paraphernalia: sale of narcotics, controlled substances, and any equipment
designed for making or using drugs, such as bongs, vaporizers, and
hookahs;
Multi-level marketing: pyramid schemes and multi-level marketing;
Pseudo pharmaceuticals: nutraceuticals, pseudo-pharmaceuticals and other products that
make health claims that have not been approved or verified by the
Food and Drug Administration (or equivalent applicable local and/or
national regulatory body); or
High risk businesses: any other businesses that we believe poses elevated financial
risk, legal liability, or violates the policies of our banking
partners.
In addition to the above, you may not engage in any of the following
activities on the Services:
Violating the rights, including intellectual property rights, of
others;
Activities that could be harmful to minors;
Harassment of others;
Transmission of "junk mail" or unsolicited mass mailing or "spam" or
harvesting;
Abusive, threatening, obscene, defamatory or libelous conduct;
Soliciting passwords or personally identifiable information for
unlawful purposes from other users of the Services;
Using any robot, spider, other automatic device, or manual process to
monitor, copy, or "scrape" web pages or the content contained in the
Services or for any other unauthorized purpose without our prior
written consent;
Using any device, software, or routine to interfere with, or attempt
to interfere with, the proper working of the Services;
Decompiling, reverse engineering, or disassembling the software
underlying the Services or attempting to do so; or
Taking any action that imposes an unreasonable or disproportionately
large load on the Services or our hardware and software infrastructure
or that of any of its licensors or suppliers.
8.3 Certain activities require our consent.
You may not use the Services to engage in any of the following
activities or businesses without our prior written consent, which we may
withhold in our absolute discretion:
Money and legal services: financial institutions, money transmitters
and money services businesses (including, without limitation, selling
or offering gift cards, prepaid cards, in-game currency unless the
merchant is the operator of the virtual world), digital currency
transmitters, check cashing, wire transfers, money orders; currency
exchanges or dealers; bill-pay services; crowdfunding; insurance; bail
bonds; collections agencies; law firms collecting funds for any
purpose other than to pay fees owed to the firm for services provided
by the firm (e.g., firms cannot use the Services to hold client funds,
collection or settlement amounts, disputed funds, etc.);
Investment & credit services: securities brokers; mortgage
consulting or debt reduction services; credit counseling or repair;
investment services; real estate opportunities; lending instruments;
Charitable organizations: Accepting donations or otherwise operating a
charitable nonprofit organization (including a religious
organization); or
Gaming: Operating games that are not defined as gambling by law, but
which require an entry fee and award a prize.
9. Termination
9.1 We may terminate your access to the Services.
We reserve the right to take action to limit or prevent your access to
our Services if we, in our sole discretion, determine that limiting or
preventing your access to our Services is necessary or advisable.
Circumstances in which we may limit or prevent your access to our
Services include, but are not limited to, if we deem that such action is
necessary based on: (i) your use of the Services in a way that is
unlawful or would potentially expose us to liability; (ii) disruption of
the Services by you to others; (iii) your violation of these Terms or
our Privacy Policy; (iv) your violation of any applicable laws, rules,
regulations, and agreements that may apply to you; and (v) your use of
the Services in a way that could cause harm to any person or entity.
Such action may include, without limitation, reversing any transaction,
suspending your User Account, or terminating your access to the Services
altogether.
9.2 You may terminate this Agreement.
If you would like to terminate this legally binding agreement with
Providus, you must contact us at support@providusfinance.net to deactivate your User
Account. We may request certain information and/or documentation to
verify your request to deactivate your User Account. Upon any
termination of this Agreement, whether by you or by us, you must
discontinue any further use of the Services. Once deactivated, you may
request to re-activate your User Account. We reserve the right, in our
sole discretion, to determine whether to re-activate your User Account.
Please note that even if you terminate your User Account, we may retain
information about you consistent with our BSA/AML obligations and our
Privacy Policy.
9.3 Certain parts of these Terms will continue after termination.
Notwithstanding any termination of these Terms, any provision of these
Terms that by its nature and context is intended to survive its
termination will so survive. These include, without limitation,
provisions related to limitation of our liability, disclaimer of
warranties, our intellectual property rights, indemnity and dispute
resolution.
10. LIMITATION OF LIABILITY; DISCLAIMERS; INDEMNIFICATION
10.1 Providus does not provide investment or other advice.
PROVIDUS DOES NOT PROVIDE ANY INVESTMENT, FINANCIAL, TAX, LEGAL OR OTHER
PROFESSIONAL ADVICE. NO FEATURES, TOOLS, OR INFORMATION AVAILABLE
THROUGH THE SERVICES SHOULD BE CONSTRUED AS ADVICE. WE ENCOURAGE YOU TO
CONSULT WITH THE APPROPRIATE FINANCIAL AND TAX ADVISORS TO UNDERSTAND
THE IMPLICATIONS OF BUYING, SELLING AND HOLDING BITCOIN. YOU UNDERSTAND
THAT BUYING, SELLING AND HOLDING BITCOIN CARRIES RISK. YOU AGREE TO USE
THE SERVICES TO HOLD AND TRANSACT IN BITCOIN AT YOUR SOLE RISK.
10.2 You assume the risk of using the Services.
PROVIDUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED (SEE BELOW), AS TO THE CONTENT OR OPERATION OF THE SERVICES OR
OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT
YOUR SOLE RISK.
10.3 The Services are provided “as-is” and without any
warranty.
WE ARE MAKING THE SERVICES AVAILABLE “AS IS” AND, TO THE
MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE RISK OF ANY AND
ALL DAMAGE OR LOSS FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.
WE DO NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE. PROVIDUS MAKES NO REPRESENTATION, WARRANTY OR
GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS
FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING
ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT
ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY
SYSTEM, DATA OR PERSONAL INFORMATION.
10.4 Our liability to you is limited.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR
DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE
FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH
YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING
FROM OR RELATED TO ANY OF THE FOLLOWING: ANY HARM OR DAMAGE CAUSED BY,
OR OTHERWISE RELATED TO, YOUR RELIANCE ON INFORMATION PROVIDED THROUGH
THE SERVICES; ANY LOSS OR UNAUTHORIZED DISCLOSURE OF DATA; ANY HARM OR
DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR USE OF OR INTERACTION
WITH ANY SERVICES OFFERED THROUGH THE SERVICES; AND ANY VIOLATIONS OF
APPLICABLE LAWS, RULES, REGULATIONS, AND OTHER AGREEMENTS. THIS
LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION
WITH THESE TERMS AND YOUR USE OF THE SERVICES EXCEED THE GREATER OF FIVE
THOUSAND DOLLARS ($5000.00) AND THE FEES THAT YOU HAVE PAID TO US IN THE
SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF
THE BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF
DAMAGES OR CAUSES OF ACTION, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
10.5 You agree to indemnify us.
In the event that any third party brings a claim against us related to
your use of the Services or the use of your User Account (a
“Claim”), you agree to indemnify, defend, and hold us and
our agents harmless from and against any and all third party claims,
losses, liabilities, damages, and/or costs (including reasonable
attorneys’ fees and costs) relating to such Claim. We will notify
you promptly of any such Claim and will provide you with reasonable
assistance, at your expense, in defending any such Claim; provided,
however, that our failure to so notify you shall not relieve you of your
indemnity obligations with respect to such Claim, but instead shall
reduce those obligations by the amount of damages or increased costs and
expenses attributable to our failure to give notice. We reserve the
right to approve counsel retained by you, to take control of the defense
(at our expense), and to participate in the defense of any Claim (at our
expense) for which indemnity is required. You may not settle any Claim
without our prior consent.
11. Resolving Disputes
11.1 Contact us if you have any questions or concerns.
If you have any questions, concerns or complaints about the Services,
your User Account, these Terms, or anything else, please contact our
support team at support@providusfinance.net We may ask you certain information
about you and your User Account to respond to your inquiry.
11.2 You must follow our internal complaint process.
If our support team is unable to resolve your complaint, you must send
us a complaint. Please include a description of your complaint, the
resolution you are seeking, and any other relevant information. If you
do not follow the formal complaint process described above before
seeking arbitration or other legal action, we may seek to dismiss your
claim.
Once you’ve initiated a complaint, we will investigate your claim.
This may include reviewing the information you’ve provided and the
information available to us. In certain cases, we may need to contact
you to obtain additional information. Upon conclusion of the
investigation, we will send you an email notice indicating whether we
approve or reject the resolution you are seeking. If we deem
appropriate, we may also offer to resolve your complaint through an
alternative solution. We will aim to resolve your complaint within 15
business days of the date you submit your complaint. However, if we are
unable to do so, we will inform you in writing and specify the deadline
by which we will make a determination, which will not be more than 35
business days from the date you submitted your complaint.
11.3 You and Providus agree to arbitrate any disputes.
If we are unable to resolve your complaint through the process described
above, you agree to resolve any dispute, claim, or controversy with
Providus arising out of or relating to your use of the Services, regardless
of the legal theory, in the following manner. First, we both agree to
attempt in good faith to resolve the dispute through mediation
administered by JAMS, which shall take place in San Francisco,
California, and the costs of which shall be divided equally between you
and Providus. Second, if the dispute is not resolved through informal
resolution and mediation, we both agree to participate in binding
arbitration administered by JAMS, which shall take place in San
Francisco, California.
Either you or we may bring a lawsuit solely for injunctive relief
without first engaging in the dispute resolution process described
above.
We both agree that, in the event of arbitration, or in the event of a
lawsuit as permitted by this Section or otherwise, the prevailing party
shall be entitled to costs and fees (including reasonable
attorneys’ fees). Arbitration pursuant to this Section shall be
confidential, and neither you, nor Providus, nor the arbitrator may
disclose the existence, content or results of any arbitration, except as
may be required by law or for purposes of enforcement or appeal of the
arbitration award. Judgment on any arbitration award may be entered in
any court having proper jurisdiction.
11.4 You waive the right to class action and jury trial.
THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS SUBJECT TO THIS
ARBITRATION CLAUSE TO BE ARBITRATED ON A CLASS ACTION OR CONSOLIDATED
BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE
CAPACITY ON BEHALF OF THE GENERAL PUBLIC (INCLUDING, BUT NOT LIMITED TO,
AS A PRIVATE ATTORNEY GENERAL).
YOU AND PROVIDUS EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL
BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS
AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
If any portion of this arbitration agreement is determined by a court to
be inapplicable or invalid, then the remainder shall still be given full
force and effect. Nothing contained in this Section shall limit our
ability to take action related to your access to the Services as
provided in these Terms.
11.5 Delaware law will govern these Terms.
These Terms shall be governed by the laws of the State of Delaware,
without regard to conflict of law provisions.
11.6 We agree to resolve disputes in San Francisco, California.
In the event that a lawsuit is filed where permitted under the
provisions above, or in the event that the provisions above are found
not to apply to you or to a given dispute, we both agree that any
judicial proceeding will be brought in the federal or state courts
located in San Francisco, California. Both you and we consent to venue
and personal jurisdiction there.
12. Electronic Signature and Delivery of Communications By agreeing to these Terms, you consent to receiving all communications,
agreements, disclosures, and notices related to your use of the Services
electronically. These may include, but are not limited to, your consent to
these Terms, any updates to these Terms and our Privacy Policy, details
and notices about your User Account and transactions, and any other
disclosures and notices. We will communicate all electronic disclosures to
you by posting them on the Providus website or via email at the address
associated with your User Account, and are deemed received as of the time
and date sent by Providus.
To access documents electronically, you will need to have access to the
Providus website and your email address using an Internet-connected device
and a compatible web browser with cookies enabled (for example, Firefox
version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and
above). You may retain documents in paper form by printing them using a
printer, or electronically by saving them to a hard drive or cloud storage
with sufficient space.
You agree to keep your email address updated at all times. You may update
your contact information by logging into your User Account and updating
the information in your account settings page.
If you wish to withdraw your consent to receiving electronic disclosures,
you must contact us at support@providusfinance.net, in which case we may deactivate
your User Account and terminate your access to the Services, as described
above. If we choose to provide communications to you by mail, we may
charge you additional fees.
13. Geographical Notices
13.1 Use outside of the United States.
If you access our Services from outside of
the United States, you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction.
14. How to Contact Us
If you have any questions about these Terms or our Services, please feel
free to contact us by email at support@providusfinance.net.
15. Miscellaneous
15.1 Severability
If, for whatever reason, any term or condition in these Terms is found
unenforceable, all other terms and conditions will remain unaffected and
in full force and effect.
15.2 Waiver
The failure to enforce any provision of these Terms is not a waiver of
our right to do so later, and no waiver shall be effective unless made
in writing and signed by an authorized representative of the waiving
party.
15.3 Assignment
These Terms shall be binding on the parties and their respective
successors and assigns. These Terms may be assigned by us without
restriction. These Terms may not be assigned or otherwise transferred by
you without our prior written consent.
15.4 Headings
The section headings contained in these Terms are for reference purposes
only and shall not affect the meaning or interpretation of these Terms
in any way.
Binding Agreement
Please read this Policy carefully. By accessing or using the Service, you
agree to this Policy. If you do not agree with our policies and practices,
you may not use our Service.
Changes to this Policy
We may update this Policy from time to time. If you continue using the
Service after we make any changes to this Policy, you accept and agree to
be bound by those changes. The most updated version of this Policy will
always be posted on the Service, so we encourage you to check the Policy
periodically. In certain situations, we may notify you about material
changes to the Policy. You are responsible for ensuring we have an
up-to-date, active, and deliverable email address on file for you, and you
agree that your use of the Service will be subject to any updated Policy
posted on the Service, whether or not you receive notice of such changes.
Applicability
This Policy applies to personal information we collect on the Service. It
does not apply to any non-personal information or any information
collected by any third party. As used in this Policy, “personal
information” means information that can be used to identify any natural
person either directly or indirectly.
Personal Information We Collect
Personal Information You Voluntarily Provide to Us
When you register for an account on the Service, we require that you
provide us with certain personal information about you. This includes, but
is not limited to, the following information:
Name,
Physical or mailing address,
Email address,
Telephone number,
Social security number,
Date of birth,
Bank account information,
Employment information, and
Other financial information.
As part of the account registration and verification process, we may also
ask you for certain documents that include personal information about you.
These include, but are not limited to, the following:
Government-issued identification,
Bank statements,
Proof of income, and
Other financial documents to verify your identity.
Even if you access and use the Service without registering for an account,
you may choose to provide us with certain personal information about you.
For example, this may be the case when you request an invitation to the
Service, subscribe to our newsletter, or contact us for support. The
collection of this information is necessary to provide the functionality
of the Service and/or to comply with applicable laws and regulations
related to the Service’s product offerings.
Personal Information We Collect From Third Parties
To comply with our legal obligations and to help detect and fight fraud,
we may collect certain information about you from public databases and
third-party ID verification partners. Such information may include,
without limitation, your name, address, job role, public employment
profile, credit history, status on any sanctions lists maintained by
public authorities, and other relevant data.
Personal Information We Collect
Automatically
We collect certain information about you automatically as you access and
use the Service. This includes:
Device information, such as a unique device identifier;
Location information, such as your IP address or geo-location; and
Usage information, such as pages visited and links clicked.
This information does not identify you directly, but may nevertheless be
considered personal information.
How We Use Personal Information
We use the personal information that we collect to make the Service
available to our users, to comply with our legal obligations under
anti-money laundering and related laws, to improve the Service, and to protect our legal rights.
Examples of the ways in which we may use your personal information
include:
Allowing you to register for a user account and use the Service;
Verifying your identity in compliance with our obligations under
applicable law;
Identifying fraudulent or illegal activity;
Providing you with information, products or services that you request
from us;
Carrying out our obligations and enforcing our rights arising from any
contracts entered into between you and us, including for billing and
collection;
Notifying you about changes to the Service, such as updates to this
Policy; and
Understanding how our users interact with the Service to improve the
Service and our product offerings.
In addition to the above, if you choose to opt in to receive marketing and
promotional communications from us, we may use your personal information
to contact you about our products.
Finally, we may also use your personal information for any other purposes
with your consent.
How We Share Personal Information
We may disclose personal information that we collect in the following
circumstances:
With our contractors and vendors who support the following aspects of
the Service and our business: payment processing and bill collection,
bank account identity and authentication, email and text message
marketing, helpdesk and support, user identity verification, and fraud
prevention;
With our banking partners who enable the processing of transactions via
the Service;
With a buyer or other successor in the event of a merger,
reorganization, dissolution or other sale or transfer of some or all of
our assets, whether as a going concern or as part of bankruptcy,
liquidation, or similar proceeding, in which personal information held
by us about our users is among the assets transferred;
When we believe, in good faith, that disclosure is necessary to prevent
physical harm or financial loss, to report suspected illegal activity,
or to investigate violations of our Terms of Service or any other
applicable policies; and
With your express consent.
Additionally, we may share your personal information as required to comply
with any subpoena, court order, similar legal process, including to
respond to any government or regulatory request. To the extent permitted
by law, we will notify you if we receive government requests about your
data.
Finally, we may disclose anonymized, non-personal information about the
Service and our users without restriction.
Accessing and Correcting Your Information
You are solely responsible for ensuring that any personal information that
you provide to us is accurate. You may be able to view and update certain
personal information that we have about you by logging into your user
account via the Service. Please note that we reserve the right to reject
any changes you make to your personal information and to reject any
requests to change your personal information submitted through
inappropriate channels.
Data Security
We use commercially-reasonable physical, technical, and administrative
measures to secure your personal information from accidental loss and from
unauthorized access, use, and disclosure. For example, we restrict access
to personal information to employees, contractors, and other service
providers on a need-to-know basis, and we use industry-standard encryption
technology to secure data at rest and in transmission. However, the
transmission of information via the Internet is not completely secure. As
we cannot guarantee the security of information transmitted to or from us,
we are not responsible for any unauthorized access to and disclosure of
any information you send to or receive from us. Any transmission of
personal information is at your own risk.
Please also keep in mind that the safety and security of your information
also depends on you. You are responsible for keeping your account
information, including your password, confidential. We ask you not to
share your password with anyone. If you have reason to believe that your
data is no longer secure, please contact us at the email address, mailing
address or telephone number listed at the end of this Policy.
Data Retention
We may retain your personal information for the longer of: (i) five (5)
years; (ii) the length of time required by law; (iii) the length of time
required by our compliance program; (iv) the length of time required by
our fraud prevention program; or (v) the length of time required by our
banking partners. Please note that if you delete your user account via the
Service, we may still retain your personal information as explained above.
Automated Data Collection Technologies
As you navigate through and interact with the Service, we may use
automatic data collection technologies to collect certain information
about your equipment, browsing actions and patterns, as further described
in this Policy.
Cookies, Web Beacons and Analytics
We may use cookies, web beacons and other technologies to automatically
collect information about your use of the Service. You can learn more
about these technologies below. We may use this information to provide you
with a better user experience, to comply with our legal obligations under
anti-money laundering and related laws, to protect you and detect
irregular or suspicious account activities, to customize our services and
content for you, and to better understand how our users interact with the
Service. Cookies. A cookie is a small file placed on your computer when you
visit certain websites. Cookies may be either first-party or third-party
cookies, and they may be either permanent or temporary (i.e. session)
cookies. It may be possible to refuse to accept cookies by activating the
appropriate setting within your browser. However, if you disable or refuse
cookies, please note that some parts of the Service may be inaccessible or
may not function properly. Web Beacons. Pages of the Service or emails we send to you may
contain small electronic files known as web beacons (also referred to as
clear gifs, pixel tags and single-pixel gifs) that permit us, for example,
to count users who have visited those pages, opened emails, and for other
related Service statistics (for example, recording the popularity of
certain content and verifying integrity). Other Technologies. We may use other third party services that
automatically collect information about you to better understand how you
use and interact with the Service. These may include, but are not limited
to, vendors that provide us with email marketing tools. We may also use
third-party services to deliver advertising with such third parties. The
information collected through this process by the third party service
providers does not enable us or them to identify your name, contact
details, or other personal information that directly identifies you unless
you choose to provide these.
“Do Not Track” Signals
Some Internet browsers allow you to transmit “Do Not Track” or “DNT”
signals. We respect DNT signals, and will not enable unnecessary
third-party analytics tools to collect data about your usage if you choose
to transmit DNT signals.
Third-Party Services
Any third-party services integrated with the Service shall be subject to
the policies and practices of such third parties, and we are not
responsible for how they collect, use, and share your personal
information. We encourage you to review the privacy practices and policies
of such third parties. For example, we use Plaid Inc. (“Plaid”) to gather
data about our users from financial institutions. By using the Service,
you grant us and Plaid the right, power, and authority to act on your
behalf to access and transmit your personal and financial information from
the relevant financial institution. You agree to your personal and
financial information being transferred, stored, and processed by Plaid in
accordance with the Plaid Privacy Policy.
Restrictions on Use
Children Under 13
Our Service is not intended for children under 13 years of age. No one
under age 13 may provide any personal information to us via the Service or
otherwise. We do not knowingly collect personal information from children
under 13. If you are under 13, do not provide any personal information on
this Service or on or through any of its features (such as by registering
for an account), make any purchases through the Service, or provide any
information about yourself to us, including your name, address, telephone
number, email address or any screen name or user name you may use. If we
learn we have collected or received personal information from a child
under 13 without verification of parental consent, we will delete that
information. If you believe we might have any information from or about a
child under 13, please contact us at the email address listed below.
Use Outside of the United States
Currently, the Service may be used by those located outside of the
United States, including residents of the European Economic Area. If you
access and use the Service from outside of the United States, you
understand that we may store, transfer, and otherwise process your
personal information in a country outside of the country of your
residence, including the United States, and access the Service at your own
risk.
Contacting Us
To ask questions or comment about this Policy and our privacy practices,
contact us at support@providusfinance.net.
