Syklo Terms of Service
Welcome to Syklo!
Should you encounter any bugs, glitches, lack of functionality or other problems with your use of the website or app, please let us know immediately ([email protected]) so we can rectify the issue(s) and improve our Services. Your help is greatly appreciated as we work to build out and improve Syklo.
The following describes the terms on which Syklo offers you access to Syklo.io and Syklo mobile app, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
- Our Relationship with You
- Syklo is a marketplace enabled through Stellar Blockchain assets by implementing Air Protocol’s decentralized p2p infrastructure. Syklo does not function as a money transmitter, it provides a marketplace where users can make or accept proposals for exchanging compatible digital assets and fiat, including but not limited to Stellar Blockchain assets. Syklo doesn’t manage neither Stellar Blockchain assets nor fiat of the users, it only provides arbitration in case of a dispute of the interchange done outside the platform.
- Intellectual Property. Material on our Services (with the exception of Third-Party Content) is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. “Syklo” and “Syklo.io” are trademarks protected by federal and state law; you agree not to use such marks for any purpose, including but not limited to as metatags on other websites, in written materials or otherwise.
- Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without Syklo prior written consent. Syklo reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
- Notice. Syklo may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Syklo, with such notice deemed given when received by Syklo, at any time by electronic mail to [email protected]
- Use of Syklo
- Requires Account With Syklo and Supported Payment Methods.In order to use Syklo, you must create and maintain an address in Stellar Blockchain and one account of the Payment Methods. Recipients of a transaction you send will also need to create an address in Stellar Blockchain in order to get access to the asset you sent and an account in one of the Payment Methods that were agreed. Syklo is not responsible for Stellar Blockchain or a Payment Method’s account process and procedures, and accordingly, you and your Syklo recipient’s registration and use of in Stellar Blockchain and a Payment Method is between you and these services.
- Account Access. Syklo integrates with Google, Facebook and Twitter (“Social Media”) for signing in and authenticating. Your failure to maintain accurate, complete, and up-to-date Account information, including having a suspended or restricted Social Media account, may result in your inability to access and use the Services or Syklo termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to manage your Account access and maintain the security and secrecy of your Account username and password at all times.
- Accuracy of Information You Provide. You are solely responsible for the accuracy of information you provide when creating and sending a transaction. Syklo bears no responsibility for transactions that are lost, stolen, destroyed, used without permission or sent to the wrong recipient.
- User Responsibilities and Conduct. You may only use the Services in compliance with all applicable laws and for lawful purposes. You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable. In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not: (a) violate any local, state, provincial, national, or other law or regulation, or any order of a court; (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; (c) interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (d) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; (e) use our Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements; (f) “stalk” or harass any other user of our Services or collect or store any information about any other user other than for purposes of transacting as an Syklo user; (g) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; (h) use automated scripts to collect information or otherwise interact with the Service or the Site; (i) advocate, encourage, or assist any third party in doing any of the foregoing. The foregoing is merely a list of examples of prohibited conduct. Syklo reserves the right to cancel or block a user account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.
- Fees. Syklo charges a small fee for arbitration (the “Arbitration Fee”). Arbitration Fees are paid from your Stellar Blockchain assets escrow to Syklo. By using the Services and sending a transaction, you authorize Syklo to process the Arbitration Fee from your escrowed assets if an argument happens and you are the losing party.
- Cancellation of a transaction. Prior to a transaction being escrowed, Syklo may allow you to cancel it without any procedure and without any penalty. If a transaction requires cancellation after the escrow creation step, an adjudication process will start in which a group of prior selected judges will give a resolution to the cancellation, this process has a fee cost which will be paid by the party which created the escrow. Syklo also reserves the right to cancel a transaction.
- Taxes. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors.
- Modification of Services.We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
- Non-Custodial and No Fiduciary Duties. Syklo is a non-custodial application, meaning we do not ever have custody, possession, or control of your digital assets at any time. Likewise, you are solely responsible for any associated wallet and we are not liable for any acts or omissions by you in connection with or as a result of your wallet being compromised. This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.
- Third-party Content. In using our Services, you may be exposed to content and information from other users or third parties (“Third-Party Content”), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content.
- Termination. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services.
- Release, Disclaimers, Limitations on Liability.
- Release.By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from Syklo. You release Syklo from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site.
- Disclaimer. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SYKLO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SYKLO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SYKLO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- Limitation on Liability. SYKLO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF SYKLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SYKLO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF SYKLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SYKLO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SYKLO REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY VIRTUAL CURRENCY SERVICE PROVIDERS PROVIDING VIRTUAL CURRENCY SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL SYKLO TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100). SYKLO SERVICES MAY BE USED BY YOU TO SEND VIRTUAL ASSETS THROUGH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT SYKLO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY VIRTUAL CURRENCY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5.3 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
- Indemnity. You shall indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to your use of our Services or alleging facts or circumstances that, if true, could constitute your breach of any of these Terms. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense.
- Reporting Misconduct. If you receive a transaction from someone who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, or who engages in any other disturbing conduct, you should report such person to the appropriate authorities and then to us at [email protected]; provided that your report shall not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
- Dispute Resolution. Any dispute arising between the parties pursuant to or related to this Agreement shall be settled by means of arbitration in accordance with the Commercial Rules of Arbitration of the American Arbitration Association. Any arbitration shall be conducted by a single arbitrator. The decision of the arbitrator shall be binding upon the parties and may be entered and be enforced as judgment in a court of applicable jurisdiction. The arbitration shall take place in Wyoming, and these Terms shall be interpreted in accordance with the laws of the State of Wyoming, without regard to conflict-of-law principles. The Parties may agree to have the Arbitration held by telephone or solely through written submissions, unless the arbitrator requires otherwise. Each Party retains the right to seek judicial assistance: (i) to compel arbitration; (ii) to obtain interim measures of protection prior to or pending arbitrations; (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information, and (iv) to enforce any decision of the arbitrator, including the final award. Arbitration proceedings contemplated by this Section shall be as confidential and private as permitted by law. To that end, the Parties shall not disclose the existence, content or results of any proceedings conducted in accordance with this Section, and materials submitted in connection with such proceedings shall not be admissible in any other proceeding, provided, however, that this confidentiality provision shall not prevent a petition to vacate or enforce an arbitral award, and shall not bar disclosures required by any laws or regulations.