Terms & Conditions and General Risk Disclosure
Capacitr is a product of Capacitr, Inc., a Delaware corporation.
Important. It is recommended that you carefully read these terms and conditions of use (the “Agreement”) that shall govern your access to and use of the Capacitr mobile application (the “App”), distributed through the Apple App Store, and any related online services and agentic trading tools (collectively, the “Service”) and the non-custodial wallet software made available through the Service (the “Wallet”). If you are executing this Agreement on behalf of a company, you represent that you have the authority to bind the company to this Agreement. If you do not have such authority, or if you do not understand, accept and agree with all of the terms and conditions of this Agreement, you will not be granted further access to the Service and may not use the Service in any manner. You must accept the terms of this Agreement in order to use the Capacitr Service.
Capacitr, Inc. may change these Terms of Use at any time without notice. Changes will be posted in the App and at https://capacitr.xyz under “Terms of Use.” Your use of the Service after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use from time to time for changes.
General Risk Disclosure
DIGITAL ASSETS AND CRYPTOCURRENCIES SHOULD BE SEEN AS EXTREMELY HIGH RISK ASSETS AND YOU SHOULD NEVER INVEST FUNDS THAT YOU CANNOT AFFORD TO LOSE. Given the foregoing, digital assets are not appropriate for all investors. You should not deal in these products unless you have the necessary knowledge and expertise, you understand these products’ characteristics and your exposure to risk. You should also be satisfied that the product is suitable for you in light of your circumstances and financial position. Use of our Service can never be considered a safe investment; rather, it is only an investment with a high risk of loss inherently associated with it.
The risk of loss in trading digital assets can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. You should be aware that you may sustain a total loss of the funds held in your Wallet or committed to any trade.
Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, when there is insufficient liquidity in the market, when a trading venue halts or restricts trading, when a blockchain network is congested or inoperative, or when a token’s liquidity pool is depleted or withdrawn.
AI-Generated Suggestions
The Service uses artificial intelligence, machine learning models, and automated agents (collectively, “AI Systems”) to generate trade ideas, market observations, and other suggestions (collectively, “Suggestions”). You acknowledge and agree that:
- Suggestions are generated automatically, are provided for informational purposes only, and do not constitute investment advice, a recommendation, or a solicitation to buy, sell, or hold any digital asset.
- AI Systems can and do produce output that is inaccurate, incomplete, outdated, or wrong, including output that may appear confident, detailed, and plausible while being incorrect. You should independently verify any information before acting on it.
- Suggestions may be based on data that is delayed, erroneous, or no longer reflective of current market conditions.
- Capacitr, Inc. does not guarantee, and expressly disclaims, any particular outcome, performance, or profitability from acting on any Suggestion.
- You, and only you, decide whether to execute any trade. Capacitr, Inc. does not trade on your behalf and will not execute any transaction without your affirmative approval and authorization.
Non-Custodial Wallet; Your Responsibility for Keys
The Wallet is non-custodial software. Capacitr, Inc. does not store, hold, control, or have any access whatsoever to your digital assets, private keys, seed phrases, or recovery credentials. You acknowledge and agree that:
- You are solely responsible for safeguarding your private keys, seed phrase, passwords, and any other credentials associated with your Wallet. Anyone with access to your private keys or seed phrase can transfer your assets, and such transfers cannot be reversed.
- If you lose your private keys or seed phrase, your digital assets may be permanently and irretrievably lost. Capacitr, Inc. cannot recover, restore, freeze, or reissue your keys or your assets under any circumstances.
- Blockchain transactions are generally irreversible. Once you approve and broadcast a transaction, it cannot be cancelled, reversed, or refunded by Capacitr, Inc. or anyone else.
- The Service transmits transaction requests that you have approved; all transactions are authorized and cryptographically signed using keys that only you control.
Blockchain, Protocol, and Market Risks
You acknowledge the risks inherent in blockchain-based assets and systems, including but not limited to: defects, bugs, or exploits in smart contracts or protocols; hacks, thefts, and attacks on blockchain networks, bridges, exchanges, or liquidity venues; network forks, reorganizations, congestion, and outages; volatile and unpredictable network transaction (“gas”) fees; the failure or de-pegging of stablecoins; sudden loss of liquidity in any asset; manipulation, fraud, or “rug pulls” associated with particular tokens or projects; and legal, regulatory, and tax developments that may adversely affect the value, transferability, or legality of particular digital assets or of digital asset trading generally. Any of these risks may result in the partial or total loss of your assets.
Automated Trading & Internet Risks
While using our website and/or applications, system errors might occur. You should be aware of the risks that may result from any system failure, which could mean that your order or transaction request may be delayed or fail.
You acknowledge that there are risks associated with utilizing an Internet-based, software-driven trading system including, but not limited to, the failure of hardware, software, and Internet connections, the risk of malicious software introduction, the risk that third parties may obtain unauthorized access to information and/or assets stored on your behalf, cyber-attack, computer viruses, communication failures, disruptions, errors, distortions or delays you may experience when using the Capacitr tools, howsoever caused, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Capacitr, Inc. Capacitr, Inc. will never ask you for your private keys or seed phrase.
Fees and Costs
Our fees and charges, including subscription fees and per-trade fees, are set out in the App and at https://capacitr.xyz. In addition to our fees, you may incur blockchain network (“gas”) fees, exchange fees, liquidity provider fees, spreads, and slippage, none of which are set by or payable to Capacitr, Inc. Please be aware of all costs and charges that apply to you, because such costs and charges will affect your profitability.
Information
Any opinions, news, research, analyses, prices, Suggestions, or other information generated by the Service or contained on our website are provided as general market commentary and do not constitute investment advice. Capacitr, Inc. shall not be responsible for any loss arising from any investment based on any Suggestion, recommendation, forecast or other information provided.
Past Performance
Past performance is not an indication of future performance. Simulated or backtested performance does not represent actual trading and has inherent limitations. The value of investments can go down as well as up.
Custodial Notice
Capacitr, Inc. does not store, hold, or have any access whatsoever to your digital assets, private keys, or monetary funds. The Service generates Suggestions and, only upon your explicit approval, helps construct and transmit transaction requests on your behalf based on your instructions. Capacitr, Inc. is not a bank, custodian, broker-dealer, investment adviser, commodity trading advisor, exchange, or money services business, and is not registered with or licensed by the U.S. Securities and Exchange Commission, the Commodity Futures Trading Commission, FinCEN, or any other financial regulatory authority.
I Agree with ALL these Terms and Conditions
Terms and Conditions of Using Capacitr
☑ I am at least 18 years old.
☑ I understand that Capacitr focuses only on digital assets (cryptocurrencies and tokens) on the blockchain networks supported by the Service, as listed in the App or on the Capacitr website.
☑ I understand that if a particular asset or network is not supported by the Service, it will not work with Capacitr, and I can verify supported assets and networks in the App or on the Capacitr website.
☑ I understand that Suggestions produced by Capacitr’s AI Systems are automatically generated, informational only, and may be inaccurate or wrong, and that Capacitr, Inc. does not make buy, sell, or hold recommendations.
☑ I understand that Capacitr, Inc. does not make guarantees of profitability from usage of Capacitr.
☑ I understand that no trade will be executed without my explicit approval, and that I am solely responsible for every trade I approve.
☑ I understand that the Wallet is non-custodial, that I am solely responsible for safeguarding my private keys and recovery phrase, and that if I lose them my assets may be permanently unrecoverable.
☑ I understand that blockchain transactions are irreversible once approved and broadcast.
☑ I understand that any default or sample strategies, watchlists, or configurations provided are for illustration, simulation, and testing only.
☑ I understand that Capacitr, Inc. cannot make my strategies, or any strategies, profitable.
☑ I understand that Capacitr support is only available in English through email, and that if a support technician needs to talk or connect to my computer it is at the technician’s discretion.
☑ I understand that Capacitr licenses are for personal, non-commercial use only, unless otherwise agreed in writing.
☑ I acknowledge that Capacitr, Inc. neither gives financial advice, on any asset or class of assets, nor buy or sell advice, nor specific strategy advice relating to my particular situation.
☑ I understand that in addition to Capacitr’s subscription and trade fees, I may incur blockchain network (gas) fees, exchange fees, and other third-party fees, and I should understand all such fees before trading.
☑ I confirm my clear understanding that all presentations or discussions I have overheard, or have had or will have with Capacitr, Inc. support staff or associates are to assist me in understanding the use of Capacitr, and that I will not in any way rely on their illustrations or suggestions as investing or trading advice.
1. Eligibility and Prohibited Jurisdictions
You must be at least 18 years old and have the legal capacity to enter into this Agreement. You may not use the Service if you are located in, or are a citizen or resident of, any jurisdiction where use of the Service would be unlawful, or if you are subject to sanctions administered by the U.S. Office of Foreign Assets Control (OFAC) or appear on any list of prohibited or restricted parties. You are responsible for complying with all laws applicable to you, including tax reporting and payment obligations arising from your trading activity.
2. Privacy Policy
Capacitr, Inc.’s privacy policy describes how Capacitr, Inc. treats your personal information collected when you visit the Capacitr website or use the Service. For many services, Capacitr, Inc. requires registration. Information is required for account set-up and to enable us to provide the maximum quality of service. Member contact information is used to send information about our company and promotional materials from Capacitr, Inc. We may contact customers for customer satisfaction surveys, payment related issues, and product needs related issues. We may use this information to help answer your request or fulfill your order. We may also use this information to improve our services, to inform you of additional products or services that may be of interest to you, for marketing purposes, and other internal purposes. For administrative purposes, we may provide information to third parties from whom Capacitr, Inc. may license content to enhance our products and services. Capacitr, Inc. does not, under any circumstances, sell, trade or rent your personal details to any third party. Capacitr, Inc. cannot be held responsible for the content or the privacy policies of external websites to which we may link. For clarity, Capacitr, Inc. never collects, stores, or has access to your private keys or seed phrase.
Your Data Rights. You may at any time request a copy of the personal data Capacitr, Inc. holds about you, or request that your account and personal data be deleted, by emailing support@capacitr.xyz from the email address associated with your account. We will verify your identity and respond to your request within a reasonable timeframe and in accordance with applicable law. Please note that (a) we may retain certain information where required by law or for legitimate business purposes such as fraud prevention, security, and compliance with legal obligations; (b) deletion of your account does not affect your digital assets, which remain accessible to you through your private keys and standard third-party tools; and (c) records of transactions on public blockchains are permanent and outside Capacitr, Inc.’s control, and cannot be deleted by us or anyone else.
3. Information This Privacy Policy Does Not Apply To
This privacy policy does not apply to information collected about you by anyone except Capacitr, Inc. Any information you provide when you visit websites or applications other than the App or https://capacitr.xyz, or when you purchase any products or services that may be offered or advertised in the App or on https://capacitr.xyz by companies other than Capacitr, Inc. (including Apple Inc.), is subject to the privacy policies of the third party organizations who run and/or own those websites and applications.
4. Intellectual Property
The Service, including but not limited to text, content, software, models, and graphics, is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, features, and other elements making up the Service are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in the data and content provided.
5. Information from Third Party Sources
Capacitr, Inc. may on occasion combine information we receive online with information we have obtained through third party sources to enhance our ability to market those products or services that may be of interest to you.
6. Website Usage Information
Capacitr, Inc. automatically collects IP addresses and usage information from you when you use the App, visit https://capacitr.xyz, or otherwise use the Service. This information helps us evaluate how our users navigate and use our website and Service. Capacitr, Inc. may share or disclose personal information about you to other companies or individuals when:
6.1) we have your consent to share the information;
6.2) we utilize third party service providers to provide products, services or functions on our behalf (such as sending emails or processing payments), and require these service providers to agree to maintain the confidentiality of your personal information and not to use your personal information for any reason except to carry out the purpose(s) for which we hired them;
6.3) we need to protect our legal rights (for example, if we are trying to collect money you owe us or we are trying to enforce our subscription agreement or other agreement with you);
6.4) we must comply with applicable laws, regulations, or legal or regulatory process; or
6.5) in connection with a sale, merger, transfer, exchange, or other disposition (whether of assets, stock, or otherwise) of all or a portion of the Capacitr, Inc. business.
7. Restrictions on Use
Are you using this product for individual benefit? You agree to use the Service and any data provided solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.
Are you using this product for commercial use on behalf of a commercial entity (Corporation, LLP, LLC, S Corp, etc.)? You agree to use the Service and any data provided solely for the agreed upon use as designated by you, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.
You may not use the Service or any data provided for any illegal purpose, including money laundering, terrorist financing, sanctions evasion, market manipulation, or fraud, or in any manner inconsistent with these terms.
You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of Capacitr, Inc.
You acknowledge that the Service, including its software, AI Systems, data, and content, has been developed, compiled, prepared, revised, selected and arranged by Capacitr, Inc. and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and constitutes valuable intellectual property and trade secrets of Capacitr, Inc.
You agree to protect the proprietary rights of Capacitr, Inc. during and after the term of this Agreement and to comply with all reasonable written requests made by Capacitr, Inc. or its suppliers of content, equipment or otherwise to protect their and others’ contractual, statutory and common law rights.
You agree to notify Capacitr, Inc. in writing promptly upon becoming aware of any unauthorized access to or use of the Service by any party.
An account is required for you to access and use the Service, which may be accessed and used only by those authorized individuals who are registered with Capacitr, Inc. To open an account, you must complete the registration process by providing Capacitr, Inc. with current, complete and accurate information as prompted by the registration form. In doing so, you represent that you are authorized to create and access an account established on behalf of the business entity indicated in the registration process, if applicable. Should Capacitr, Inc. suspect that such information is untrue, inaccurate, not current or incomplete, Capacitr, Inc. has the right to suspend or terminate your usage of the Service. Accounts are non-transferable and cannot be “shared” or used by more than one individual or entity. You are and will be responsible for maintaining the confidentiality of your account credentials, for all activities conducted on and with the Service that make use of those credentials, and for any usage charges incurred by the use of those credentials, including any use that you may subsequently contend was not authorized by you.
You may not use the Service by way of any automated means not provided by Capacitr, Inc., and you may not probe, scan, reverse engineer, or test the vulnerability of the Service or attempt to extract, replicate, or train competing models on the Suggestions or other outputs of the AI Systems.
Capacitr, Inc. reserves the right to refuse service and usage of the software to any person or entity when it is deemed by the company that said usage could potentially harm the company materially or financially.
8. Further Restrictions on Use
You may not copy, reproduce, recompile, reverse engineer, distribute, publish, display, modify, transmit, or in any way exploit any part of the Service or its data, except that you may download or make one print copy of content from the Service for your own personal, non-commercial use, provided that all copyright and other proprietary notices are retained. The data included in the Service may not be recirculated, redistributed or published without prior written consent from Capacitr, Inc. Modification of the content is a violation of Capacitr, Inc.’s copyright. No part of the Service or its data may be offered for sale or redistributed unless specifically authorized in writing.
9. License
You acquire absolutely no rights or licenses in or to the Service and the materials contained therein other than the limited right to utilize the same in accordance with these terms. Should you choose to download content, you must do so in accordance with these terms. Such download is licensed to you by Capacitr, Inc. only for your own personal, noncommercial use in accordance with these terms and does not transfer any other rights to you. Open-source components included in the Wallet or Service are licensed under their respective licenses, which govern in the event of a conflict with this section as to those components.
10. Links to Third Party Sites and Services
The Service may contain links to, or integrations with, third-party websites, blockchain protocols, decentralized exchanges, liquidity venues, price oracles, and data providers not under the control or operation of Capacitr, Inc. Capacitr, Inc. provides these links and integrations only for convenience, and does not endorse or sponsor them. Capacitr, Inc. is not responsible for the contents, operation, security, or availability of any linked or integrated third-party site, protocol, or service, and your use of them is at your own risk and subject to their own terms.
11. Requirements
You agree that you are responsible for obtaining and maintaining all computer hardware, software, communications equipment, and access lines necessary to access the Service. You shall bear all costs and expenses associated with such materials as well as your rights and obligations under this Agreement and the Service.
12. Rights Reserved
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations, shall, as between you and Capacitr, Inc., at all times be and remain the sole and exclusive property of Capacitr, Inc. You must treat the software and data files like any other copyrighted material (such as a book), except that you may make copies of the data files solely for backup purposes, provided that the data files are used as specified in this Agreement. Through the Service, you will be permitted to view, print and download certain information and materials owned by Capacitr, Inc.; except as specifically permitted by these terms, you may not copy or make any use of the Service data or any portion thereof. Except as specifically permitted herein, you shall not use the trademarks, trade names, service marks, trade dress, logos or titles of Capacitr, Inc., or the names of any individual participant or contributor, or any variations or derivatives thereof, for any purpose, without Capacitr, Inc.’s prior written approval.
13. Disclaimer
You agree that your use of the Service is at your sole risk. YOU ACKNOWLEDGE THAT CAPACITR, INC. IS NOT A BROKER, INVESTMENT ADVISER, OR CUSTODIAN, AND DOES NOT MAKE BUY, SELL, OR HOLD RECOMMENDATIONS. The Service includes information taken from digital asset exchanges, blockchain networks, and other sources, as well as output generated by AI Systems. Capacitr, Inc. does not guarantee the sequence, accuracy, completeness or timeliness of the Service, and the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which Capacitr, Inc. is a party. Information is obtained by Capacitr, Inc. from sources it believes to be reliable; however, because of possible human, mechanical, or model error by Capacitr, Inc. or its sources, Capacitr, Inc. cannot guarantee the accuracy, adequacy or completeness of any information and is not responsible for any errors or omissions or for results obtained from use of such information. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Accordingly, anything to the contrary herein set forth notwithstanding, Capacitr, Inc., its officers, directors, employees, affiliates, subsidiaries, successors and assigns, suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any inaccuracies or errors in or omissions from the Service including, but not limited to, quotes, financial data, Suggestions, abstracts, delays, errors or interruptions in the transmission or delivery of the Service, or any loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
14. Limitation of Liability
Under no circumstances, including but not limited to negligence, shall Capacitr, Inc., its suppliers and its third party agents be liable to you for direct, indirect, incidental, consequential, special, punitive or exemplary damages even if a Capacitr, Inc. authorized representative has been advised specifically of the possibility of such damages, arising from use of or inability to use the Service or any provision of these terms, such as, but not limited to, loss of digital assets, loss of private keys, loss of revenue or anticipated profits or lost business. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. In no event shall Capacitr, Inc.’s total liability to you for all damages, losses, and causes of action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you to Capacitr, Inc. in the twelve (12) months preceding the event giving rise to the claim.
15. Indemnification
You agree, at your own expense, to indemnify, defend, and hold harmless Capacitr, Inc., and its employees, representatives, suppliers, and agents, against any claim, suit, action, or other proceeding brought against Capacitr, Inc., its employees, representatives, suppliers, and agents by a third party, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with your use of the Service, your trading activity, your violation of this Agreement, or your violation of applicable law.
16. Fees and Renewals
Payment of the applicable subscription fee is due in advance of the subscription period you select. Subscriptions purchased through the App are processed by Apple as in-app purchases and are billed to the payment method associated with your Apple Account. Such subscriptions renew automatically unless you cancel at least 24 hours before the end of the current subscription period; you can manage and cancel your subscription in your Apple Account’s subscription settings. Billing, renewal timing, and any refunds for subscriptions purchased through the App are governed by Apple’s terms and policies, and refund requests for such purchases must be directed to Apple. Subscriptions purchased directly from Capacitr, Inc. (if offered) will be billed automatically at the beginning of each subscription period to the payment method designated by you, will renew automatically unless you cancel before the relevant renewal period begins, and are nonrefundable.
Per-trade fees, where applicable, are disclosed in the App at or before the time of the relevant trade and are charged when you approve the trade; per-trade fees are not processed through Apple and are nonrefundable. You agree to pay all fees and charges incurred in connection with your account (including applicable taxes) at the rates in effect when the charges were incurred. Capacitr, Inc. may change its fees or charges for use of the Service or any portion thereof. Any change to subscription fees during your existing subscription period will become effective at the beginning of the first renewal period following notice of such change; changes to per-trade fees become effective upon posting and apply to trades approved after the change. You hereby agree to accept notices of any change of fees or charges by the posting of such information in the App, on the website, or by email, as determined by Capacitr, Inc. in its sole discretion. For the avoidance of doubt, blockchain network (gas) fees, exchange fees, spreads, and slippage are not charged by Capacitr, Inc. and are not refundable by anyone.
17. Recovery of Expenses
Capacitr, Inc. shall have the right to recover from you all reasonable expenses incurred in connection with collecting overdue amounts, including, but not limited to, reasonable collection costs and attorney’s fees.
18. Termination
Capacitr, Inc. may terminate this Agreement and your use of the Service at any time, with or without cause. Your cancellation will be effective either immediately or at the end of your current subscription period. All fees and charges, if any, are nonrefundable. You may terminate your usage of the Service at any time, but all fees previously paid by you, if any, are nonrefundable. Because the Wallet is non-custodial, termination of the Service does not affect your control of your digital assets; you remain able to access your assets using your private keys and standard third-party tools.
19. Termination of Agreements
In addition, Capacitr, Inc. may terminate this Agreement and/or your use of the Service with or without cause immediately upon notice. All provisions of this Agreement regarding confidentiality, ownership, indemnification and limitations of liability shall survive termination of this Agreement. Upon termination by you or upon notice of termination by Capacitr, Inc., you must destroy promptly all materials obtained from the Service and any copies thereof. All fees and charges, if any, are nonrefundable.
20. Communications
Capacitr, Inc. may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Capacitr, Inc.’s account information, or by written communication sent by first class mail to your address on record in Capacitr, Inc.’s account information. You may give notice to Capacitr, Inc. (such notice shall be deemed given when received by Capacitr, Inc.) at any time by electronic mail to support@capacitr.xyz.
21. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the United States and the State of Delaware without giving effect to conflicts of law principles thereof. Subject to Section 31 (Disputes), you agree to submit to the personal jurisdiction of the state and federal courts located in the State of Delaware with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of these terms. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts, and agree that such courts are convenient forums.
22. Testimonials
Client testimonials on the Capacitr, Inc. website, if any, are unsolicited and reflect individual experiences that are not typical and are not a guarantee of future performance or success.
23. Miscellaneous
You accept that Capacitr, Inc. has the right to change the content or functionality of any aspect of the Service at any time at Capacitr, Inc.’s sole discretion, including the AI Systems, the models used, the assets and networks supported, and the Suggestions generated. You further accept that such changes may result in your being unable to access some or all services.
24. Inoperability
You acknowledge that the Service may become inoperable for periods of time due to causes beyond the reasonable control of Capacitr, Inc., such as denial of service attacks, virus infestations, blockchain network outages or congestion, third-party API failures, and power or communications outages. To the extent that the cause of inoperability is within the reasonable control of Capacitr, Inc., the Service will be restored promptly following the cessation of such cause(s). You acknowledge that during any period of inoperability you may be unable to view positions, receive Suggestions, or transmit transaction requests through the Service, and that market movements during such periods may result in losses. Because the Wallet is non-custodial, you may continue to access your assets through standard third-party tools during any Service outage.
25. Understanding
This Agreement and any amendments contain the entire understanding of the parties with respect to the subject matter addressed herein and supersede, replace and merge all prior understandings, promises, representations and agreements, whether written or oral, relating thereto. Capacitr, Inc. reserves the right to amend this Agreement at any time by posting the amended terms on the Service, as described above or in the Service. The amended terms shall be effective on the date identified on the Service. This Agreement may only be amended by you in a writing signed by Capacitr, Inc.
26. Jurisdiction
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
27. Relationship
The relationship between you and Capacitr, Inc. is that of independent contractors. No joint venture, partnership, employment, agency, or fiduciary relationship exists between you and Capacitr, Inc. as a result of this Agreement or your access to or use of the Service. Neither party has the authority to create any obligations for the other, or to bind the other to any representation, statement or document.
28. Assignment of Agreement
You may not assign this Agreement, in whole or in part, without Capacitr, Inc.’s prior express written consent, which may be withheld at Capacitr, Inc.’s sole discretion. Any attempted assignment without such written consent shall be void. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and assigns.
29. Severability of Terms
If any provision of these terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in force.
30. Apple App Store Terms
The following terms apply to the extent you access the Service through the App downloaded from the Apple App Store: (a) this Agreement is concluded between you and Capacitr, Inc. only, and not with Apple Inc. (“Apple”), and Capacitr, Inc., not Apple, is solely responsible for the App and its content; (b) your license to use the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions; (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (d) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App; (e) Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation; (f) in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Capacitr, Inc., not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such claim; (g) you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (h) you must comply with applicable third party terms of agreement when using the App; and (i) Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
31. Disputes
Any dispute or claim relating in any way to your use of any Capacitr, Inc. service, or to any products or services sold or distributed by Capacitr, Inc., will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
32. Agreement in Entirety
These terms are the entire agreement between you and Capacitr, Inc.