Last modified: September 22, 2023
Terms of Service
Last modified: September 22, 2023
This agreement (the “Terms”), that is made between you (“User”, “Users” or “you”) and Ramping Technology LLC (“Ping”, the “Company”, we” or “us”) a Delaware company that provides technology services, and operate and govern your use of Ping’s products and services through our website and/or the mobile app that the Company makes available (the “Platform”). By using any services, features, or functions made available from time to time through the Platform (the “Services”), you agree that you have read, understood and accepted all of the terms and conditions contained in these Terms, as well as our Privacy Policy. As this is a legally binding contract, please read carefully through these Terms and the related notices before using any of our Services. By registering, accessing or using the Platform and/or the Services, you have agreed to the terms and conditions as laid out in these Terms. Should you disagree with any condition of these Terms, please refrain from accessing the Platform and/or using the Services, proceed to leave the Platform and stop all usage of the Platform and any of the Services immediately.
1. SCOPE OF THESE TERMS OF SERVICE
1.1 These Terms govern the availability and use of our Services. By registering to use our Services, you agree to these Terms. You are responsible for regularly reviewing these Terms.
1.2 We may update these Terms at any time, at our sole discretion. The Company will provide appropriate notice of the updated terms by posting the updated Agreement on the Platform. If you do not agree to the updated terms, you must stop using the Services and accessing the Platform. If you continue to use the Services, you are agreeing to be bound by the updated terms.
2. PING SERVICES
2.1 The Services offered by Ping are exclusively those contained in the Platform, which might be modified from time to time at Ping’s sole discretion. As our Services evolve, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
2.2 The User can only access the Platform and use the Services on their own behalf and on their own name. Platform access and use of the Services on behalf of third parties is forbidden.
2.3 Users understand and accept that the Services, as well as any other information obtained from the Company, are not directed, designed or in any way oriented to provide any type of financial advice or investment or purchase advice of any kind.
2.4 The Company does not provide any financial advice, investment advice, recommendation, or guidance, whether in connection with the Services or otherwise.
2.5 Ping strictly prohibits using its Services while impersonating any person or entity or falsely claiming an affiliation with any person or entity.
3. RISK DISCLOSURE
3.1 The Services may implicate the use of cryptocurrencies (“Digital Asset” or “Digital Assets”). In this sense, the Company may provide information on the price, range, volatility and events that have affected the price of such Digital Assets, but this is not considered investment advice and should not be construed as such. You should carefully assess your financial situation, risk appetite, relevant experience and knowledge before you decide to purchase. You should also seek advice from an independent and suitably licensed financial advisor. Any Digital Asset that you deposit, sell or buy through the Platform is held in custody by Fortress Blockchain Technologies Inc. (together with Fortress Trust LLC, “Fortress”), one of our partners. You can find more information on the Fortress Digital Assets custody here: https://fortress.io/terms-of-use/.
4. THIRD-PARTY PARTNERS
Ping has partnered with third parties to facilitate certain aspects of the Services (“Third-Party Partners”). In order to enable certain functions of the Services, you may be required to enter into additional agreements with such Third-Party Partners. Ping does not have control of, or liability for, the products or services offered by Third-Party Partners.
a) Fortress Terms. By using the Services, you agree to Fortress’s Terms of Service. Ping has partnered with Fortress, to accept and custody payments in both fiat and Digital Assets, and to effect transfers to and from your account in our Platform. You understand that you will access and manage your Fortress account through our Services. In order to use the payment functionality of the Services, you agree to (i) Fortress's privacy policy, available at https://fortresstrust.com/legal-privacy and https://fortress.io/privacy-policy/, and (ii) Fortress’s Custodial Agreement in addition to other applicable Terms (“Fortress Terms”) related to the functionalities offered in our Platform. You represent and warrant to Ping that you expressly accept and comply with all applicable Fortress Terms in relation to the operation of the Services and you understand that Fortress is providing their products and services to you according to the Fortress Terms. Any kind of fiat funds of yours held in custody by Fortress are held by Fortress’s financial institution partners. Please review the Fortress Terms for additional information. To the extent that there is any conflict between this Agreement and the Fortress Terms, such Fortress Terms will control with respect to the applicable Fortress products and services. You understand that the aforementioned Services are solely and totally provided by Fortress.
Fortress is not an insured depository institution or bank. Digital Assets are not insured by the Federal Deposit Insurance Corporation (“FDIC”). Fortress may maintain one or more deposit accounts at banks for the benefit of customers who maintain fiat currency balances. You can find more information about this topic here: https://fortresstrust.com/disclosures.
Fiat funds held on deposit in custodial accounts at insured banks may be eligible for FDIC “pass-through” deposit insurance up to a maximum deposit amount of $250,000 per customer if certain criteria are met.
FDIC deposit insurance covers deposit products offered by insured banks. Digital Assets are not insured by the FDIC. FDIC deposit insurance does not protect you against the failure of Fortress or losses resulting from unauthorized access to the Digital Assets in your account. For more information, visit https://www.fdic.gov/news/fact-sheets/crypto-fact-sheet-7-28-22.pdf.
5. OPENING YOUR ACCOUNT
The use of the Services may be subject to a process of validation of the identity of the Users (the “KYC”). KYC may be conducted through the Platform following Fortress’s compliance requirements.
6. PLATFORM’S USE AND ACCESS
6.1 Users are responsible for all activities carried out in the Platform through the access to their account and the use of the Services, even if they are not aware of these, and agree to hold the Company harmless for any damages and/or claim derived from it.
6.2. User acknowledges that the usage of the Platform may be subject to Fortress transaction and velocity limitations, including daily, weekly, and monthly dollar and transaction amounts. Transaction limitations may vary depending on payment methods, the nature of the transaction, and other reasonable factors set at Fortress's discretion for risk and compliance management.
6.3 Users shall be solely responsible for the safekeeping of their account information and password. Users are responsible for all activities including their log-in email, account and password. Users agree to notify the Company immediately if they are aware of any unauthorized use of their account and/or password by any person and will strictly observe the security, authentication, and any other mechanism or procedures established in the Platform.
6.4 Users are exclusively liable for any and all tax obligations (either national, provincial or municipal) that may apply to the use of the Services in its local jurisdiction, including without limitation any withholding, collection, reporting and remittance to the appropriate tax authorities. The Company shall not be liable for any breach or non-compliance by Users on their tax obligations, under the legislation in force.
6.5 The Platform may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us (collectively and individually “Third Party Websites“). These Third Party Websites may have their own terms and conditions of use and privacy policies and your use of these Third Party Websites will be governed by and subject to such terms and conditions and privacy policies. You must ensure that you have read, understood and agreed to all of the terms and conditions, policies and guidelines of the Third Party Websites. Users understand and agree that the Company does not endorse and is not responsible or liable for the behavior, features, opinions, advice, statements, prices, advertisement, or any other content of any of the Third Party Websites or for any transaction you may enter into with the provider of any such Third Party Websites.
7. FEES
7.1 All pricing and fees are set forth in our Platform (the “Pricing and Fees”). The Pricing and Fees are incorporated herein by reference and form part of these Terms. Pricing and Fees are subject to change at Ping’s sole discretion.
7.2 You agree to pay all Pricing and Fees and your continued use of the Services indicates your continued acceptance of the Pricing and Fees.
8. PROHIBITED TRANSACTIONS
8.1. You will not use the Services for any illegal, fraudulent or other prohibited activity. These activities will be defined and updated in the Platform at Ping’s sole discretion.
8.2. If Ping suspects that you may be engaging in or have engaged in fraudulent, illegal or prohibited activity, including any violation of these Terms, your access to the Services and Platform may be suspended or terminated. Additionally, depending on the severity of the violations, we may contact law enforcement.
9. CLOSING YOUR ACCOUNT
9.1 You may close your account in Ping (“Account”) at any time by contacting us. The rules and procedures regarding the closure of an Account can be accessed through the Platform.
9.2 Both Ping and/or Fortress may, in their sole discretion and without any cost or liability to you, with or without prior notice and at any time, suspend, modify, or terminate, temporarily or permanently, all or any portion of the Services, establish certain transaction limits or trading limits, or terminate your Account, with or without reason.
10. DISCLAIMERS OF LIABILITY; LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS AND/OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE OR ASSUME ANY OBLIGATION WHATSOEVER TO YOU OR ANYONE ON YOUR BEHALF, REGARDLESS OF THE FORM OF ACTION, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, INTANGIBLE, OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS,LOSS OF REVENUE, LOSS OF DATA, LOSS OF CONTRACTS OR LOSS OF ANTICIPATED SAVINGS; AND./OR ANY LOSS OR ANY DAMAGE, ARISING FROM YOUR USE OF COMPANY SERVICES – WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR AUTHORIZED OR UNAUTHORIZED USE OF THE COMPANY SERVICES.
THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE.
THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY ANY REGISTERED USER, INCLUDING THOSE REGISTERED USERS WITH WHOM YOU EXCHANGE YOUR DIGITAL CURRENCY.
YOU AGREE THAT YOU ARE FREE TO CHOOSE WHETHER TO USE THE COMPANY SERVICES AND DO SO AT YOUR SOLE OPTION, DISCRETION AND RISK.
YOU CONFIRM THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE COMPANY SERVICES.
YOU CONFIRM THAT IN THE EVENT THAT THE COMPANY SERVICES FAILS TO OPERATE CORRECTLY FOR ANY REASON WHATSOEVER, THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS WHICH YOU INCUR, INCLUDING ANY LOSS OF PROFITS THAT MAY RESULT.
WITHOUT DEROGATING FROM ANY OTHER PROVISION IN THE TERMS OF USE, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED 50 USD IN THE AGGREGATE.
YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION, REGARDLESS OF THE FORM OF ACTION, WHICH YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE COMPANY SERVICES OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR OTHERWISE BE BARRED FROM RAISING ANY SUCH CLAIM OR CAUSE OF ACTION
ACCOUNT USERNAME AND PASSWORD. THE COMPANY HAS NO OBLIGATION TO MAINTAIN YOUR ACCOUNT USERNAME OR PASSWORD. THE COMPANY SHALL NOT BE LIABLE IF YOU MISPLACE, FORGET OR LOSE YOUR ACCOUNT USERNAME OR PASSWORD BECAUSE OF ANYTHING OTHER THAN THE COMPANY’S NEGLIGENCE.
TRANSFER OF DIGITAL CURRENCY AND FIAT MONEY. WE SHALL NOT BE LIABLE TO YOU IN ANYWAY WHATSOEVER FOR THE TRANSFER OF ANY AND ALL DIGITAL CURRENCY IF YOU PROVIDE US WITH ANY INCORRECT AND/OR INCOMPLETE, PUBLIC KEY, AND/OR VIRTUAL WALLET ADDRESS DETAILS. IN ADDITION, WE SHALL NOT BE LIABLE TO YOU IN ANY WAY WHATSOEVER FOR THE TRANSFER OF ANY AND ALL FIAT MONEY IF YOU PROVIDE US AND/OR THE CUSTODIAN, AS APPLICABLE, WITH ANY INCORRECT AND/OR INCOMPLETE PAYMENT DETAILS.
YOU FURTHER AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY AMENDMENT OR TERMINATION OF THE COMPANY SERVICES AND/OR TERMS OF USE, OR SUSPENSION OF YOUR ACCESS TO THE COMPANY SERVICES, EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SET FORTH HEREIN.
Nothing in the Terms will operate so as to exclude any liability of the Company for death or personal injury that is caused by the Company’s gross negligence.
USERS WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE COMPANY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT USERS ARE PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION AGAINST THE COMPANY, USERS AGREE THAT: (I) THEY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS, COLLECTIVE OR REPRESENTATIVE ACTION; AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.
11. INDEMNIFICATION
User agree to hold harmless, defend and indemnify the Company, its affiliates, its parent companies, and subsidiaries, and each of their respective officers, directors, agents, employees, representatives, and permitted assignees against any and all any losses, damages, costs, liabilities and expenses that have been reasonably incurred in connection with any claims or damages arising out of or related to your breach and our enforcement of these Terms. This shall also apply to Users violation of any applicable law, regulation, or rights of any third party during their use of the Services.
12. FORCE MAJEURE
12.1 The Company will not be responsible for any breach, loss, delay, suspension, failure or impossibility in the provision of the Services an /or in compliance with these Terms of Service on the occasion of any event that could be considered as a product of fortuitous event, force majeure or the fact of a third party for whom you should not respond.
12.2 It should be understood as cases of fortuitous event, force majeure or acts of a third party, without limitation or exclusion of others to: government restrictions or regulations, embargoes, informatic or cybernetics attacks of any kind, robbery, theft, any type of fraud, acts of terrorism, wars, riots, strikes, labor or industrial disputes of any kind, fires, explosions, earthquakes, floods, accidents, acts of sabotage, environmental disturbances, unusually severe weather conditions, telecommunications failure, power failure, Internet connection interruptions, breaches in linked service providers, or any other cause that could not have been foreseen or that could not be avoided. Likewise, they will not be attributable to the Company and Users exempt it from any responsibility regarding any type of factual or legal situation that could affect the banking entities where the collection bank accounts are open and where the funds were transferred for compliance with the payment management instructions issued to the Company and that implied the temporary or permanent impossibility to dispose, use, extract, turn or operate, either partially or totally, with these.
13. ILLEGALITY
13.1 If the Company determines that any applicable law has made unlawful the provision of the Services, or if any governmental authority of the applicable jurisdiction has asserted that it is unlawful for the Company to provide the Services, or if any governmental authority of the applicable jurisdiction has imposed material restrictions on the authority of the Company to provide the Services, then, the Company at its sole discretion will be able to suspend or terminate the provision of the Services until it determines at it sole discretion that the circumstances that had motivated such determination no longer exist.
14. INTELLECTUAL PROPERTY
14.1 The Company and/or its controlling companies, affiliated or subsidiary companies, are the owners of all intellectual, authorship and industrial rights with respect to the Platform and domain, software, hardware, logos, logos, emblems, designs, information and content. Users do not have any rights regarding those.
14.2 The brand names relating to the Platform and any other trademarks, service marks and/or trade names used by the Company either on its own behalf from time to time (the “Trade Marks”) are owned by the Company, its controlling companies, affiliated or subsidiary companies, or its licensors. In addition to the rights in the Trade Marks, the Company and/or its licensors own the rights in all other content of the Website (the “Content”).
14.3 By using the Platform and/or the Services, Users shall not obtain any rights in the Trade Marks or the Content and Users may use the Trade Marks and Content only in accordance with the Terms of Service.
14.4 Users may only install and use the software connected to the Platform (the “Software“) and all content derived from the Platform, including, but not limited to, the copyright and all other intellectual property rights in the Software, in connection with the Services for the User´ personal and non-commercial use and in accordance with the Terms of Service.
14.5 The Software’s code, structure and organization are protected by intellectual property rights. You undertake not to: copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; sell, assign, sublicense, transfer, distribute or lease the Software; make the Software available to any third party through a computer network or otherwise; export the Software to any country (whether by physical or electronic means); or use the Software in a manner prohibited by any laws or regulations which apply to the use of the Software
15. NOTIFICATIONS
The User constitutes his/her address for the purposes of this contract in the one he registered in the validation procedure of his identity established in the platform. The Company and the User accept that all notifications sent to said addresses will be valid.
16. CONTACT
If Users wish to ask any question related to the Services or the Platform, may contact the Company by writing an email to info@holaping.com.
17. NO WAIVER
No waiver by any party of any breach of these Terms or any delay or omission by any party in enforcing the terms of these Terms of Service shall prejudice their rights or operate as a waiver of any subsequent or continuing breach.
18. SEVERABILITY
If any provision of these Terms is or becomes illegal or invalid, that provision will be deemed deleted from these Terms and the remaining provisions shall continue in force.
19. GOVERNING LAW AND JURISDICTION
Any disputes and claims that cannot be resolved amicably will be submitted to the exclusive jurisdiction of the courts located in the jurisdiction of the incorporation shown in our Platform, and shall be governed by and construed in accordance with its laws.
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Annex A. Terms of Service - Referral Program.
These Terms of Service (the "Terms") shall apply to the Referral Program (the "Program") which will offer benefits to registered and accredited Ping users ("User" or "Users") who invite unregistered third parties to register on our platform (the "Platform"), in accordance with the conditions and requirements of use detailed throughout the Program.
ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE - Referral Program
These Terms must be read, understood, and accepted by the User, together with Ping's Terms of Service, which are available on the Platform website (the "General Terms and Conditions"). Anything not set forth in these Terms shall be governed by the General Terms and Conditions. In the event of any differences between the provisions of these Terms and the General Terms and Conditions, the conditions set forth in these Terms shall prevail.
ANY PERSON WHO DOES NOT ACCEPT THE GENERAL TERMS AND CONDITIONS AND THESE TERMS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING PING AND/OR PARTICIPATING IN THE REFERRAL PROGRAM.
1. ACCEPTANCE AND CONTRACTUAL RELATIONSHIP. JURISDICTION. EFFECTIVENESS
Any person who accesses Ping and registers by following the steps determined by Ping shall be referred to as a "User" and by using Ping the User expressly agrees to these Terms which are binding on the User.
The Program applies to all Users coming from the jurisdictions accepted in the Platform.
The Program will be in force from the day of its publication until Ping decides that the Program has ended or will end on a specific date.
2. CAPACITY AND REGISTRATION. PRIVACY AND PROTECTION OF INFORMATION
The Program is available to all Ping Users who are already properly registered in accordance with the General Terms and Conditions.
3. CONDITIONS OF PARTICIPATION
Users who have successfully registered on the Platform, and consequently, have been able to obtain their Ping account, will automatically be generated a "Referral Link" (the "Link") to be able to participate in the Program. The Referring User (the "Referrer") may share said Link with both human beings and legal entities (hereinafter, the "Referred") as long as they come from, or have been incorporated in the jurisdictions provided for in the Platform. The Referrer must be a human person duly registered and accredited on the Platform.
In order for a Referrer to obtain the benefits described in section 4, all of the following conditions must be met:
a) The Referred must have registered at Ping through the Link provided by the Referrer. To do so, his/her profile must have been accepted as a Ping User after successful registration on the Platform as defined in the General Terms and Conditions.
b) In the event that both the Referrer and the Referred are human persons, in order for the Referrer to be eligible for the benefit, the Referred must make a minimum deposit of 100 USD in his/her Ping account.
c) There will be no minimum deposit requirements in case the Referred is a legal entity. Successful registration of the Referred’s account in Ping will entitle the Referrer to the benefit.
When all of the above conditions have been met, the Referrer will be granted the benefit, as described in the following section.
The benefits of the Program will only be provided to the Referrer in the event that the Referred’s account at Ping is successfully opened by complying with all the requirements of Ping’s compliance team.
4. BENEFITS
The benefit may be granted by Ping both through the delivery of U.S. dollars (USD), as well as with an equal amount in any cryptocurrency that Ping, at its sole discretion, deems appropriate. Such amounts will be deposited directly into the Referrer's Ping account.
When all the conditions mentioned in point 3 are met, the Referrer may obtain the following benefits:
In case the Referred is a human person, the Referrer will get 5 USD that will be credited to his/her account at Ping.
In case the Referred is a legal entity, the Referrer will get 100 USD that will be credited to his/her account at Ping.
In no case will the Referred obtain any benefit from this Program.
5. REFERRER/REFERRED CONDITIONS
5.1. Rules that apply to the Referrer:
Any Ping User who is properly registered and accredited on the Platform may be a Referrer.
The Referrer can have more than one Referred, but a Referred cannot have more than one Referrer.
A Referrer cannot refer to itself.
5.2. Rules that apply to the Referred:
A Referred can be any third party, both human persons or legal entities, that comply with Ping’s registration policies and procedures, as well as with the regulatory requirements of Ping’s compliance team and its suppliers.
If Referred already has an account at Ping (regardless of its registration status), such a Referred cannot be a beneficiary of this Program.
6. LIMITATION OF PING'S LIABILITY. INDEMNITY
The User expressly and irrevocably agrees to hold Ping and/or its related and affiliated companies, shareholders, officers, directors, managers, representatives, and employees absolutely harmless with respect to any claim and/or lawsuit and/or extrajudicial, administrative, or judicial sanction, initiated by other Users, third parties or by any agency, related to their activities on the Platform, compliance and/or breach of these Terms as well as the General Terms and Conditions, or in case of verification of the existence of fines and/or debts of any kind generated by the User or the activity of the same performed in or through Ping.
The User agrees that he/she uses Ping and the Program Benefits at his/her own, sole and exclusive responsibility. Ping shall not be liable for any direct or indirect damage or harm, including without limitation, damages caused by loss of chance, loss or deterioration of information, marketing actions, delays, interruptions, and defects that may exist in transmissions, through the use of the Platform, as well as viruses or system failures, provided that this is not attributable to Ping due to fraud or gross negligence declared as such by a court judgment or final and definitive arbitration award issued by a competent court.
7. CONTACT US. MODIFICATION OF THE PARTICULAR TERMS AND CONDITIONS.
Any request, query, complaint, and, in general, any communication to Ping should be sent by e-mail to info@holaping.com or to the internal support provided in the Platform.
Ping reserves the right to modify, alter or update these Terms; to terminate the Program at any time in its sole discretion; and/or to modify any content included in the services offered through the Platform.
Ping may unilaterally modify or terminate these Terms at any time as it deems necessary. It will be the responsibility of the User to visit these Terms with a certain frequency in order to corroborate their validity.
Modifications to these Terms shall be deemed accepted by the User if the User continues in the use of the Platform, without the need for the User’s express consent.
8. PRIVACY AND PROTECTION OF INFORMATION.
In terms of privacy and protection of the personal data of Users in Ping, the conditions set forth in the Privacy Policy made available through the Platform, shall apply.
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Annex B. Terms of Service - "Lemon Cash Referral Program".
Last modified: April 12, 2023
These Terms of Service (the "Terms"), shall govern the promotion in alliance with Lanin Pay S.A. de C.V., a company incorporated and registered in El Salvador, registered in the Registry of Commerce under no. 47 of book 4432, and with Tax Identification Number 0614-010821-101-4 ("Lemon"), through which, with the scope and requirements that will be defined in the following paragraphs, certain participants who register in Ping using the referral code provided by Lemon, will obtain a one-time-only credit of 10 USD in their account at Ping (the "Benefit").
CONDITIONS OF PARTICIPATION
1.1. Conditions of participation: Participants must be (a) natural persons, (b) over 18 years of age, (c) Argentine residents; and must have properly registered accounts at both Ping and Lemon.
1.2. Conditions of validity: In order to obtain the Benefit, participants must receive payments in their Ping accounts for a minimum value of 500 USD. This Benefit will be granted only once after the participant has received payments for the aforementioned amount as long as he/she has registered his/her account in Ping with the referral link provided by Lemon.
1.3. Conditions of validity: From the date this promotion comes into effect, participants will have a maximum period of 90 (ninety) calendar days to satisfactorily complete their registration in Ping, as well as to comply with the condition set forth in point 1.2.
The participant will not be eligible for the Benefit if the conditions foreseen in paragraph 1 are not fulfilled before the expiration of the term foreseen in the previous point.
Terms of Service
Last modified: April 12, 2023
Terms of Service
Last modified: September 22, 2023
This agreement (the “Terms”), that is made between you (“User”, “Users” or “you”) and Ramping Technology LLC (“Ping”, the “Company”, we” or “us”) a Delaware company that provides technology services, and operate and govern your use of Ping’s products and services through our website and/or the mobile app that the Company makes available (the “Platform”). By using any services, features, or functions made available from time to time through the Platform (the “Services”), you agree that you have read, understood and accepted all of the terms and conditions contained in these Terms, as well as our Privacy Policy. As this is a legally binding contract, please read carefully through these Terms and the related notices before using any of our Services. By registering, accessing or using the Platform and/or the Services, you have agreed to the terms and conditions as laid out in these Terms. Should you disagree with any condition of these Terms, please refrain from accessing the Platform and/or using the Services, proceed to leave the Platform and stop all usage of the Platform and any of the Services immediately.
1. SCOPE OF THESE TERMS OF SERVICE
1.1 These Terms govern the availability and use of our Services. By registering to use our Services, you agree to these Terms. You are responsible for regularly reviewing these Terms.
1.2 We may update these Terms at any time, at our sole discretion. The Company will provide appropriate notice of the updated terms by posting the updated Agreement on the Platform. If you do not agree to the updated terms, you must stop using the Services and accessing the Platform. If you continue to use the Services, you are agreeing to be bound by the updated terms.
2. PING SERVICES
2.1 The Services offered by Ping are exclusively those contained in the Platform, which might be modified from time to time at Ping’s sole discretion. As our Services evolve, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
2.2 The User can only access the Platform and use the Services on their own behalf and on their own name. Platform access and use of the Services on behalf of third parties is forbidden.
2.3 Users understand and accept that the Services, as well as any other information obtained from the Company, are not directed, designed or in any way oriented to provide any type of financial advice or investment or purchase advice of any kind.
2.4 The Company does not provide any financial advice, investment advice, recommendation, or guidance, whether in connection with the Services or otherwise.
2.5 Ping strictly prohibits using its Services while impersonating any person or entity or falsely claiming an affiliation with any person or entity.
3. RISK DISCLOSURE
3.1 The Services may implicate the use of cryptocurrencies (“Digital Asset” or “Digital Assets”). In this sense, the Company may provide information on the price, range, volatility and events that have affected the price of such Digital Assets, but this is not considered investment advice and should not be construed as such. You should carefully assess your financial situation, risk appetite, relevant experience and knowledge before you decide to purchase. You should also seek advice from an independent and suitably licensed financial advisor. Any Digital Asset that you deposit, sell or buy through the Platform is held in custody by Fortress Blockchain Technologies Inc. (together with Fortress Trust LLC, “Fortress”), one of our partners. You can find more information on the Fortress Digital Assets custody here: https://fortress.io/terms-of-use/.
4. THIRD-PARTY PARTNERS
Ping has partnered with third parties to facilitate certain aspects of the Services (“Third-Party Partners”). In order to enable certain functions of the Services, you may be required to enter into additional agreements with such Third-Party Partners. Ping does not have control of, or liability for, the products or services offered by Third-Party Partners.
a) Fortress Terms. By using the Services, you agree to Fortress’s Terms of Service. Ping has partnered with Fortress, to accept and custody payments in both fiat and Digital Assets, and to effect transfers to and from your account in our Platform. You understand that you will access and manage your Fortress account through our Services. In order to use the payment functionality of the Services, you agree to (i) Fortress's privacy policy, available at https://fortresstrust.com/legal-privacy and https://fortress.io/privacy-policy/, and (ii) Fortress’s Custodial Agreement in addition to other applicable Terms (“Fortress Terms”) related to the functionalities offered in our Platform. You represent and warrant to Ping that you expressly accept and comply with all applicable Fortress Terms in relation to the operation of the Services and you understand that Fortress is providing their products and services to you according to the Fortress Terms. Any kind of fiat funds of yours held in custody by Fortress are held by Fortress’s financial institution partners. Please review the Fortress Terms for additional information. To the extent that there is any conflict between this Agreement and the Fortress Terms, such Fortress Terms will control with respect to the applicable Fortress products and services. You understand that the aforementioned Services are solely and totally provided by Fortress.
Fortress is not an insured depository institution or bank. Digital Assets are not insured by the Federal Deposit Insurance Corporation (“FDIC”). Fortress may maintain one or more deposit accounts at banks for the benefit of customers who maintain fiat currency balances. You can find more information about this topic here: https://fortresstrust.com/disclosures.
Fiat funds held on deposit in custodial accounts at insured banks may be eligible for FDIC “pass-through” deposit insurance up to a maximum deposit amount of $250,000 per customer if certain criteria are met.
FDIC deposit insurance covers deposit products offered by insured banks. Digital Assets are not insured by the FDIC. FDIC deposit insurance does not protect you against the failure of Fortress or losses resulting from unauthorized access to the Digital Assets in your account. For more information, visit https://www.fdic.gov/news/fact-sheets/crypto-fact-sheet-7-28-22.pdf.
5. OPENING YOUR ACCOUNT
The use of the Services may be subject to a process of validation of the identity of the Users (the “KYC”). KYC may be conducted through the Platform following Fortress’s compliance requirements.
6. PLATFORM’S USE AND ACCESS
6.1 Users are responsible for all activities carried out in the Platform through the access to their account and the use of the Services, even if they are not aware of these, and agree to hold the Company harmless for any damages and/or claim derived from it.
6.2. User acknowledges that the usage of the Platform may be subject to Fortress transaction and velocity limitations, including daily, weekly, and monthly dollar and transaction amounts. Transaction limitations may vary depending on payment methods, the nature of the transaction, and other reasonable factors set at Fortress's discretion for risk and compliance management.
6.3 Users shall be solely responsible for the safekeeping of their account information and password. Users are responsible for all activities including their log-in email, account and password. Users agree to notify the Company immediately if they are aware of any unauthorized use of their account and/or password by any person and will strictly observe the security, authentication, and any other mechanism or procedures established in the Platform.
6.4 Users are exclusively liable for any and all tax obligations (either national, provincial or municipal) that may apply to the use of the Services in its local jurisdiction, including without limitation any withholding, collection, reporting and remittance to the appropriate tax authorities. The Company shall not be liable for any breach or non-compliance by Users on their tax obligations, under the legislation in force.
6.5 The Platform may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us (collectively and individually “Third Party Websites“). These Third Party Websites may have their own terms and conditions of use and privacy policies and your use of these Third Party Websites will be governed by and subject to such terms and conditions and privacy policies. You must ensure that you have read, understood and agreed to all of the terms and conditions, policies and guidelines of the Third Party Websites. Users understand and agree that the Company does not endorse and is not responsible or liable for the behavior, features, opinions, advice, statements, prices, advertisement, or any other content of any of the Third Party Websites or for any transaction you may enter into with the provider of any such Third Party Websites.
7. FEES
7.1 All pricing and fees are set forth in our Platform (the “Pricing and Fees”). The Pricing and Fees are incorporated herein by reference and form part of these Terms. Pricing and Fees are subject to change at Ping’s sole discretion.
7.2 You agree to pay all Pricing and Fees and your continued use of the Services indicates your continued acceptance of the Pricing and Fees.
8. PROHIBITED TRANSACTIONS
8.1. You will not use the Services for any illegal, fraudulent or other prohibited activity. These activities will be defined and updated in the Platform at Ping’s sole discretion.
8.2. If Ping suspects that you may be engaging in or have engaged in fraudulent, illegal or prohibited activity, including any violation of these Terms, your access to the Services and Platform may be suspended or terminated. Additionally, depending on the severity of the violations, we may contact law enforcement.
9. CLOSING YOUR ACCOUNT
9.1 You may close your account in Ping (“Account”) at any time by contacting us. The rules and procedures regarding the closure of an Account can be accessed through the Platform.
9.2 Both Ping and/or Fortress may, in their sole discretion and without any cost or liability to you, with or without prior notice and at any time, suspend, modify, or terminate, temporarily or permanently, all or any portion of the Services, establish certain transaction limits or trading limits, or terminate your Account, with or without reason.
10. DISCLAIMERS OF LIABILITY; LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS AND/OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE OR ASSUME ANY OBLIGATION WHATSOEVER TO YOU OR ANYONE ON YOUR BEHALF, REGARDLESS OF THE FORM OF ACTION, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, INTANGIBLE, OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS,LOSS OF REVENUE, LOSS OF DATA, LOSS OF CONTRACTS OR LOSS OF ANTICIPATED SAVINGS; AND./OR ANY LOSS OR ANY DAMAGE, ARISING FROM YOUR USE OF COMPANY SERVICES – WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR AUTHORIZED OR UNAUTHORIZED USE OF THE COMPANY SERVICES.
THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE.
THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY ANY REGISTERED USER, INCLUDING THOSE REGISTERED USERS WITH WHOM YOU EXCHANGE YOUR DIGITAL CURRENCY.
YOU AGREE THAT YOU ARE FREE TO CHOOSE WHETHER TO USE THE COMPANY SERVICES AND DO SO AT YOUR SOLE OPTION, DISCRETION AND RISK.
YOU CONFIRM THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE COMPANY SERVICES.
YOU CONFIRM THAT IN THE EVENT THAT THE COMPANY SERVICES FAILS TO OPERATE CORRECTLY FOR ANY REASON WHATSOEVER, THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS WHICH YOU INCUR, INCLUDING ANY LOSS OF PROFITS THAT MAY RESULT.
WITHOUT DEROGATING FROM ANY OTHER PROVISION IN THE TERMS OF USE, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED 50 USD IN THE AGGREGATE.
YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION, REGARDLESS OF THE FORM OF ACTION, WHICH YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE COMPANY SERVICES OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR OTHERWISE BE BARRED FROM RAISING ANY SUCH CLAIM OR CAUSE OF ACTION
ACCOUNT USERNAME AND PASSWORD. THE COMPANY HAS NO OBLIGATION TO MAINTAIN YOUR ACCOUNT USERNAME OR PASSWORD. THE COMPANY SHALL NOT BE LIABLE IF YOU MISPLACE, FORGET OR LOSE YOUR ACCOUNT USERNAME OR PASSWORD BECAUSE OF ANYTHING OTHER THAN THE COMPANY’S NEGLIGENCE.
TRANSFER OF DIGITAL CURRENCY AND FIAT MONEY. WE SHALL NOT BE LIABLE TO YOU IN ANYWAY WHATSOEVER FOR THE TRANSFER OF ANY AND ALL DIGITAL CURRENCY IF YOU PROVIDE US WITH ANY INCORRECT AND/OR INCOMPLETE, PUBLIC KEY, AND/OR VIRTUAL WALLET ADDRESS DETAILS. IN ADDITION, WE SHALL NOT BE LIABLE TO YOU IN ANY WAY WHATSOEVER FOR THE TRANSFER OF ANY AND ALL FIAT MONEY IF YOU PROVIDE US AND/OR THE CUSTODIAN, AS APPLICABLE, WITH ANY INCORRECT AND/OR INCOMPLETE PAYMENT DETAILS.
YOU FURTHER AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY AMENDMENT OR TERMINATION OF THE COMPANY SERVICES AND/OR TERMS OF USE, OR SUSPENSION OF YOUR ACCESS TO THE COMPANY SERVICES, EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SET FORTH HEREIN.
Nothing in the Terms will operate so as to exclude any liability of the Company for death or personal injury that is caused by the Company’s gross negligence.
USERS WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE COMPANY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT USERS ARE PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION AGAINST THE COMPANY, USERS AGREE THAT: (I) THEY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS, COLLECTIVE OR REPRESENTATIVE ACTION; AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.
11. INDEMNIFICATION
User agree to hold harmless, defend and indemnify the Company, its affiliates, its parent companies, and subsidiaries, and each of their respective officers, directors, agents, employees, representatives, and permitted assignees against any and all any losses, damages, costs, liabilities and expenses that have been reasonably incurred in connection with any claims or damages arising out of or related to your breach and our enforcement of these Terms. This shall also apply to Users violation of any applicable law, regulation, or rights of any third party during their use of the Services.
12. FORCE MAJEURE
12.1 The Company will not be responsible for any breach, loss, delay, suspension, failure or impossibility in the provision of the Services an /or in compliance with these Terms of Service on the occasion of any event that could be considered as a product of fortuitous event, force majeure or the fact of a third party for whom you should not respond.
12.2 It should be understood as cases of fortuitous event, force majeure or acts of a third party, without limitation or exclusion of others to: government restrictions or regulations, embargoes, informatic or cybernetics attacks of any kind, robbery, theft, any type of fraud, acts of terrorism, wars, riots, strikes, labor or industrial disputes of any kind, fires, explosions, earthquakes, floods, accidents, acts of sabotage, environmental disturbances, unusually severe weather conditions, telecommunications failure, power failure, Internet connection interruptions, breaches in linked service providers, or any other cause that could not have been foreseen or that could not be avoided. Likewise, they will not be attributable to the Company and Users exempt it from any responsibility regarding any type of factual or legal situation that could affect the banking entities where the collection bank accounts are open and where the funds were transferred for compliance with the payment management instructions issued to the Company and that implied the temporary or permanent impossibility to dispose, use, extract, turn or operate, either partially or totally, with these.
13. ILLEGALITY
13.1 If the Company determines that any applicable law has made unlawful the provision of the Services, or if any governmental authority of the applicable jurisdiction has asserted that it is unlawful for the Company to provide the Services, or if any governmental authority of the applicable jurisdiction has imposed material restrictions on the authority of the Company to provide the Services, then, the Company at its sole discretion will be able to suspend or terminate the provision of the Services until it determines at it sole discretion that the circumstances that had motivated such determination no longer exist.
14. INTELLECTUAL PROPERTY
14.1 The Company and/or its controlling companies, affiliated or subsidiary companies, are the owners of all intellectual, authorship and industrial rights with respect to the Platform and domain, software, hardware, logos, logos, emblems, designs, information and content. Users do not have any rights regarding those.
14.2 The brand names relating to the Platform and any other trademarks, service marks and/or trade names used by the Company either on its own behalf from time to time (the “Trade Marks”) are owned by the Company, its controlling companies, affiliated or subsidiary companies, or its licensors. In addition to the rights in the Trade Marks, the Company and/or its licensors own the rights in all other content of the Website (the “Content”).
14.3 By using the Platform and/or the Services, Users shall not obtain any rights in the Trade Marks or the Content and Users may use the Trade Marks and Content only in accordance with the Terms of Service.
14.4 Users may only install and use the software connected to the Platform (the “Software“) and all content derived from the Platform, including, but not limited to, the copyright and all other intellectual property rights in the Software, in connection with the Services for the User´ personal and non-commercial use and in accordance with the Terms of Service.
14.5 The Software’s code, structure and organization are protected by intellectual property rights. You undertake not to: copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; sell, assign, sublicense, transfer, distribute or lease the Software; make the Software available to any third party through a computer network or otherwise; export the Software to any country (whether by physical or electronic means); or use the Software in a manner prohibited by any laws or regulations which apply to the use of the Software
15. NOTIFICATIONS
The User constitutes his/her address for the purposes of this contract in the one he registered in the validation procedure of his identity established in the platform. The Company and the User accept that all notifications sent to said addresses will be valid.
16. CONTACT
If Users wish to ask any question related to the Services or the Platform, may contact the Company by writing an email to info@holaping.com.
17. NO WAIVER
No waiver by any party of any breach of these Terms or any delay or omission by any party in enforcing the terms of these Terms of Service shall prejudice their rights or operate as a waiver of any subsequent or continuing breach.
18. SEVERABILITY
If any provision of these Terms is or becomes illegal or invalid, that provision will be deemed deleted from these Terms and the remaining provisions shall continue in force.
19. GOVERNING LAW AND JURISDICTION
Any disputes and claims that cannot be resolved amicably will be submitted to the exclusive jurisdiction of the courts located in the jurisdiction of the incorporation shown in our Platform, and shall be governed by and construed in accordance with its laws.
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Annex A. Terms of Service - Referral Program.
These Terms of Service (the "Terms") shall apply to the Referral Program (the "Program") which will offer benefits to registered and accredited Ping users ("User" or "Users") who invite unregistered third parties to register on our platform (the "Platform"), in accordance with the conditions and requirements of use detailed throughout the Program.
ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE - Referral Program
These Terms must be read, understood, and accepted by the User, together with Ping's Terms of Service, which are available on the Platform website (the "General Terms and Conditions"). Anything not set forth in these Terms shall be governed by the General Terms and Conditions. In the event of any differences between the provisions of these Terms and the General Terms and Conditions, the conditions set forth in these Terms shall prevail.
ANY PERSON WHO DOES NOT ACCEPT THE GENERAL TERMS AND CONDITIONS AND THESE TERMS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING PING AND/OR PARTICIPATING IN THE REFERRAL PROGRAM.
1. ACCEPTANCE AND CONTRACTUAL RELATIONSHIP. JURISDICTION. EFFECTIVENESS
Any person who accesses Ping and registers by following the steps determined by Ping shall be referred to as a "User" and by using Ping the User expressly agrees to these Terms which are binding on the User.
The Program applies to all Users coming from the jurisdictions accepted in the Platform.
The Program will be in force from the day of its publication until Ping decides that the Program has ended or will end on a specific date.
2. CAPACITY AND REGISTRATION. PRIVACY AND PROTECTION OF INFORMATION
The Program is available to all Ping Users who are already properly registered in accordance with the General Terms and Conditions.
3. CONDITIONS OF PARTICIPATION
Users who have successfully registered on the Platform, and consequently, have been able to obtain their Ping account, will automatically be generated a "Referral Link" (the "Link") to be able to participate in the Program. The Referring User (the "Referrer") may share said Link with both human beings and legal entities (hereinafter, the "Referred") as long as they come from, or have been incorporated in the jurisdictions provided for in the Platform. The Referrer must be a human person duly registered and accredited on the Platform.
In order for a Referrer to obtain the benefits described in section 4, all of the following conditions must be met:
a) The Referred must have registered at Ping through the Link provided by the Referrer. To do so, his/her profile must have been accepted as a Ping User after successful registration on the Platform as defined in the General Terms and Conditions.
b) In the event that both the Referrer and the Referred are human persons, in order for the Referrer to be eligible for the benefit, the Referred must make a minimum deposit of 100 USD in his/her Ping account.
c) There will be no minimum deposit requirements in case the Referred is a legal entity. Successful registration of the Referred’s account in Ping will entitle the Referrer to the benefit.
When all of the above conditions have been met, the Referrer will be granted the benefit, as described in the following section.
The benefits of the Program will only be provided to the Referrer in the event that the Referred’s account at Ping is successfully opened by complying with all the requirements of Ping’s compliance team.
4. BENEFITS
The benefit may be granted by Ping both through the delivery of U.S. dollars (USD), as well as with an equal amount in any cryptocurrency that Ping, at its sole discretion, deems appropriate. Such amounts will be deposited directly into the Referrer's Ping account.
When all the conditions mentioned in point 3 are met, the Referrer may obtain the following benefits:
In case the Referred is a human person, the Referrer will get 5 USD that will be credited to his/her account at Ping.
In case the Referred is a legal entity, the Referrer will get 100 USD that will be credited to his/her account at Ping.
In no case will the Referred obtain any benefit from this Program.
5. REFERRER/REFERRED CONDITIONS
5.1. Rules that apply to the Referrer:
Any Ping User who is properly registered and accredited on the Platform may be a Referrer.
The Referrer can have more than one Referred, but a Referred cannot have more than one Referrer.
A Referrer cannot refer to itself.
5.2. Rules that apply to the Referred:
A Referred can be any third party, both human persons or legal entities, that comply with Ping’s registration policies and procedures, as well as with the regulatory requirements of Ping’s compliance team and its suppliers.
If Referred already has an account at Ping (regardless of its registration status), such a Referred cannot be a beneficiary of this Program.
6. LIMITATION OF PING'S LIABILITY. INDEMNITY
The User expressly and irrevocably agrees to hold Ping and/or its related and affiliated companies, shareholders, officers, directors, managers, representatives, and employees absolutely harmless with respect to any claim and/or lawsuit and/or extrajudicial, administrative, or judicial sanction, initiated by other Users, third parties or by any agency, related to their activities on the Platform, compliance and/or breach of these Terms as well as the General Terms and Conditions, or in case of verification of the existence of fines and/or debts of any kind generated by the User or the activity of the same performed in or through Ping.
The User agrees that he/she uses Ping and the Program Benefits at his/her own, sole and exclusive responsibility. Ping shall not be liable for any direct or indirect damage or harm, including without limitation, damages caused by loss of chance, loss or deterioration of information, marketing actions, delays, interruptions, and defects that may exist in transmissions, through the use of the Platform, as well as viruses or system failures, provided that this is not attributable to Ping due to fraud or gross negligence declared as such by a court judgment or final and definitive arbitration award issued by a competent court.
7. CONTACT US. MODIFICATION OF THE PARTICULAR TERMS AND CONDITIONS.
Any request, query, complaint, and, in general, any communication to Ping should be sent by e-mail to info@holaping.com or to the internal support provided in the Platform.
Ping reserves the right to modify, alter or update these Terms; to terminate the Program at any time in its sole discretion; and/or to modify any content included in the services offered through the Platform.
Ping may unilaterally modify or terminate these Terms at any time as it deems necessary. It will be the responsibility of the User to visit these Terms with a certain frequency in order to corroborate their validity.
Modifications to these Terms shall be deemed accepted by the User if the User continues in the use of the Platform, without the need for the User’s express consent.
8. PRIVACY AND PROTECTION OF INFORMATION.
In terms of privacy and protection of the personal data of Users in Ping, the conditions set forth in the Privacy Policy made available through the Platform, shall apply.
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Annex B. Terms of Service - "Lemon Cash Referral Program".
Last modified: April 12, 2023
These Terms of Service (the "Terms"), shall govern the promotion in alliance with Lanin Pay S.A. de C.V., a company incorporated and registered in El Salvador, registered in the Registry of Commerce under no. 47 of book 4432, and with Tax Identification Number 0614-010821-101-4 ("Lemon"), through which, with the scope and requirements that will be defined in the following paragraphs, certain participants who register in Ping using the referral code provided by Lemon, will obtain a one-time-only credit of 10 USD in their account at Ping (the "Benefit").
CONDITIONS OF PARTICIPATION
1.1. Conditions of participation: Participants must be (a) natural persons, (b) over 18 years of age, (c) Argentine residents; and must have properly registered accounts at both Ping and Lemon.
1.2. Conditions of validity: In order to obtain the Benefit, participants must receive payments in their Ping accounts for a minimum value of 500 USD. This Benefit will be granted only once after the participant has received payments for the aforementioned amount as long as he/she has registered his/her account in Ping with the referral link provided by Lemon.
1.3. Conditions of validity: From the date this promotion comes into effect, participants will have a maximum period of 90 (ninety) calendar days to satisfactorily complete their registration in Ping, as well as to comply with the condition set forth in point 1.2.
The participant will not be eligible for the Benefit if the conditions foreseen in paragraph 1 are not fulfilled before the expiration of the term foreseen in the previous point.
Terms of Service
Last modified: April 12, 2023
Terms of Service
Last modified: September 22, 2023
This agreement (the “Terms”), that is made between you (“User”, “Users” or “you”) and Ramping Technology LLC (“Ping”, the “Company”, we” or “us”) a Delaware company that provides technology services, and operate and govern your use of Ping’s products and services through our website and/or the mobile app that the Company makes available (the “Platform”). By using any services, features, or functions made available from time to time through the Platform (the “Services”), you agree that you have read, understood and accepted all of the terms and conditions contained in these Terms, as well as our Privacy Policy. As this is a legally binding contract, please read carefully through these Terms and the related notices before using any of our Services. By registering, accessing or using the Platform and/or the Services, you have agreed to the terms and conditions as laid out in these Terms. Should you disagree with any condition of these Terms, please refrain from accessing the Platform and/or using the Services, proceed to leave the Platform and stop all usage of the Platform and any of the Services immediately.
1. SCOPE OF THESE TERMS OF SERVICE
1.1 These Terms govern the availability and use of our Services. By registering to use our Services, you agree to these Terms. You are responsible for regularly reviewing these Terms.
1.2 We may update these Terms at any time, at our sole discretion. The Company will provide appropriate notice of the updated terms by posting the updated Agreement on the Platform. If you do not agree to the updated terms, you must stop using the Services and accessing the Platform. If you continue to use the Services, you are agreeing to be bound by the updated terms.
2. PING SERVICES
2.1 The Services offered by Ping are exclusively those contained in the Platform, which might be modified from time to time at Ping’s sole discretion. As our Services evolve, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
2.2 The User can only access the Platform and use the Services on their own behalf and on their own name. Platform access and use of the Services on behalf of third parties is forbidden.
2.3 Users understand and accept that the Services, as well as any other information obtained from the Company, are not directed, designed or in any way oriented to provide any type of financial advice or investment or purchase advice of any kind.
2.4 The Company does not provide any financial advice, investment advice, recommendation, or guidance, whether in connection with the Services or otherwise.
2.5 Ping strictly prohibits using its Services while impersonating any person or entity or falsely claiming an affiliation with any person or entity.
3. RISK DISCLOSURE
3.1 The Services may implicate the use of cryptocurrencies (“Digital Asset” or “Digital Assets”). In this sense, the Company may provide information on the price, range, volatility and events that have affected the price of such Digital Assets, but this is not considered investment advice and should not be construed as such. You should carefully assess your financial situation, risk appetite, relevant experience and knowledge before you decide to purchase. You should also seek advice from an independent and suitably licensed financial advisor. Any Digital Asset that you deposit, sell or buy through the Platform is held in custody by Fortress Blockchain Technologies Inc. (together with Fortress Trust LLC, “Fortress”), one of our partners. You can find more information on the Fortress Digital Assets custody here: https://fortress.io/terms-of-use/.
4. THIRD-PARTY PARTNERS
Ping has partnered with third parties to facilitate certain aspects of the Services (“Third-Party Partners”). In order to enable certain functions of the Services, you may be required to enter into additional agreements with such Third-Party Partners. Ping does not have control of, or liability for, the products or services offered by Third-Party Partners.
a) Fortress Terms. By using the Services, you agree to Fortress’s Terms of Service. Ping has partnered with Fortress, to accept and custody payments in both fiat and Digital Assets, and to effect transfers to and from your account in our Platform. You understand that you will access and manage your Fortress account through our Services. In order to use the payment functionality of the Services, you agree to (i) Fortress's privacy policy, available at https://fortresstrust.com/legal-privacy and https://fortress.io/privacy-policy/, and (ii) Fortress’s Custodial Agreement in addition to other applicable Terms (“Fortress Terms”) related to the functionalities offered in our Platform. You represent and warrant to Ping that you expressly accept and comply with all applicable Fortress Terms in relation to the operation of the Services and you understand that Fortress is providing their products and services to you according to the Fortress Terms. Any kind of fiat funds of yours held in custody by Fortress are held by Fortress’s financial institution partners. Please review the Fortress Terms for additional information. To the extent that there is any conflict between this Agreement and the Fortress Terms, such Fortress Terms will control with respect to the applicable Fortress products and services. You understand that the aforementioned Services are solely and totally provided by Fortress.
Fortress is not an insured depository institution or bank. Digital Assets are not insured by the Federal Deposit Insurance Corporation (“FDIC”). Fortress may maintain one or more deposit accounts at banks for the benefit of customers who maintain fiat currency balances. You can find more information about this topic here: https://fortresstrust.com/disclosures.
Fiat funds held on deposit in custodial accounts at insured banks may be eligible for FDIC “pass-through” deposit insurance up to a maximum deposit amount of $250,000 per customer if certain criteria are met.
FDIC deposit insurance covers deposit products offered by insured banks. Digital Assets are not insured by the FDIC. FDIC deposit insurance does not protect you against the failure of Fortress or losses resulting from unauthorized access to the Digital Assets in your account. For more information, visit https://www.fdic.gov/news/fact-sheets/crypto-fact-sheet-7-28-22.pdf.
5. OPENING YOUR ACCOUNT
The use of the Services may be subject to a process of validation of the identity of the Users (the “KYC”). KYC may be conducted through the Platform following Fortress’s compliance requirements.
6. PLATFORM’S USE AND ACCESS
6.1 Users are responsible for all activities carried out in the Platform through the access to their account and the use of the Services, even if they are not aware of these, and agree to hold the Company harmless for any damages and/or claim derived from it.
6.2. User acknowledges that the usage of the Platform may be subject to Fortress transaction and velocity limitations, including daily, weekly, and monthly dollar and transaction amounts. Transaction limitations may vary depending on payment methods, the nature of the transaction, and other reasonable factors set at Fortress's discretion for risk and compliance management.
6.3 Users shall be solely responsible for the safekeeping of their account information and password. Users are responsible for all activities including their log-in email, account and password. Users agree to notify the Company immediately if they are aware of any unauthorized use of their account and/or password by any person and will strictly observe the security, authentication, and any other mechanism or procedures established in the Platform.
6.4 Users are exclusively liable for any and all tax obligations (either national, provincial or municipal) that may apply to the use of the Services in its local jurisdiction, including without limitation any withholding, collection, reporting and remittance to the appropriate tax authorities. The Company shall not be liable for any breach or non-compliance by Users on their tax obligations, under the legislation in force.
6.5 The Platform may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us (collectively and individually “Third Party Websites“). These Third Party Websites may have their own terms and conditions of use and privacy policies and your use of these Third Party Websites will be governed by and subject to such terms and conditions and privacy policies. You must ensure that you have read, understood and agreed to all of the terms and conditions, policies and guidelines of the Third Party Websites. Users understand and agree that the Company does not endorse and is not responsible or liable for the behavior, features, opinions, advice, statements, prices, advertisement, or any other content of any of the Third Party Websites or for any transaction you may enter into with the provider of any such Third Party Websites.
7. FEES
7.1 All pricing and fees are set forth in our Platform (the “Pricing and Fees”). The Pricing and Fees are incorporated herein by reference and form part of these Terms. Pricing and Fees are subject to change at Ping’s sole discretion.
7.2 You agree to pay all Pricing and Fees and your continued use of the Services indicates your continued acceptance of the Pricing and Fees.
8. PROHIBITED TRANSACTIONS
8.1. You will not use the Services for any illegal, fraudulent or other prohibited activity. These activities will be defined and updated in the Platform at Ping’s sole discretion.
8.2. If Ping suspects that you may be engaging in or have engaged in fraudulent, illegal or prohibited activity, including any violation of these Terms, your access to the Services and Platform may be suspended or terminated. Additionally, depending on the severity of the violations, we may contact law enforcement.
9. CLOSING YOUR ACCOUNT
9.1 You may close your account in Ping (“Account”) at any time by contacting us. The rules and procedures regarding the closure of an Account can be accessed through the Platform.
9.2 Both Ping and/or Fortress may, in their sole discretion and without any cost or liability to you, with or without prior notice and at any time, suspend, modify, or terminate, temporarily or permanently, all or any portion of the Services, establish certain transaction limits or trading limits, or terminate your Account, with or without reason.
10. DISCLAIMERS OF LIABILITY; LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS AND/OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE OR ASSUME ANY OBLIGATION WHATSOEVER TO YOU OR ANYONE ON YOUR BEHALF, REGARDLESS OF THE FORM OF ACTION, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, INTANGIBLE, OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS,LOSS OF REVENUE, LOSS OF DATA, LOSS OF CONTRACTS OR LOSS OF ANTICIPATED SAVINGS; AND./OR ANY LOSS OR ANY DAMAGE, ARISING FROM YOUR USE OF COMPANY SERVICES – WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR AUTHORIZED OR UNAUTHORIZED USE OF THE COMPANY SERVICES.
THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE.
THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY ANY REGISTERED USER, INCLUDING THOSE REGISTERED USERS WITH WHOM YOU EXCHANGE YOUR DIGITAL CURRENCY.
YOU AGREE THAT YOU ARE FREE TO CHOOSE WHETHER TO USE THE COMPANY SERVICES AND DO SO AT YOUR SOLE OPTION, DISCRETION AND RISK.
YOU CONFIRM THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE COMPANY SERVICES.
YOU CONFIRM THAT IN THE EVENT THAT THE COMPANY SERVICES FAILS TO OPERATE CORRECTLY FOR ANY REASON WHATSOEVER, THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS WHICH YOU INCUR, INCLUDING ANY LOSS OF PROFITS THAT MAY RESULT.
WITHOUT DEROGATING FROM ANY OTHER PROVISION IN THE TERMS OF USE, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED 50 USD IN THE AGGREGATE.
YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION, REGARDLESS OF THE FORM OF ACTION, WHICH YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE COMPANY SERVICES OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR OTHERWISE BE BARRED FROM RAISING ANY SUCH CLAIM OR CAUSE OF ACTION
ACCOUNT USERNAME AND PASSWORD. THE COMPANY HAS NO OBLIGATION TO MAINTAIN YOUR ACCOUNT USERNAME OR PASSWORD. THE COMPANY SHALL NOT BE LIABLE IF YOU MISPLACE, FORGET OR LOSE YOUR ACCOUNT USERNAME OR PASSWORD BECAUSE OF ANYTHING OTHER THAN THE COMPANY’S NEGLIGENCE.
TRANSFER OF DIGITAL CURRENCY AND FIAT MONEY. WE SHALL NOT BE LIABLE TO YOU IN ANYWAY WHATSOEVER FOR THE TRANSFER OF ANY AND ALL DIGITAL CURRENCY IF YOU PROVIDE US WITH ANY INCORRECT AND/OR INCOMPLETE, PUBLIC KEY, AND/OR VIRTUAL WALLET ADDRESS DETAILS. IN ADDITION, WE SHALL NOT BE LIABLE TO YOU IN ANY WAY WHATSOEVER FOR THE TRANSFER OF ANY AND ALL FIAT MONEY IF YOU PROVIDE US AND/OR THE CUSTODIAN, AS APPLICABLE, WITH ANY INCORRECT AND/OR INCOMPLETE PAYMENT DETAILS.
YOU FURTHER AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY AMENDMENT OR TERMINATION OF THE COMPANY SERVICES AND/OR TERMS OF USE, OR SUSPENSION OF YOUR ACCESS TO THE COMPANY SERVICES, EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SET FORTH HEREIN.
Nothing in the Terms will operate so as to exclude any liability of the Company for death or personal injury that is caused by the Company’s gross negligence.
USERS WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE COMPANY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT USERS ARE PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION AGAINST THE COMPANY, USERS AGREE THAT: (I) THEY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS, COLLECTIVE OR REPRESENTATIVE ACTION; AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.
11. INDEMNIFICATION
User agree to hold harmless, defend and indemnify the Company, its affiliates, its parent companies, and subsidiaries, and each of their respective officers, directors, agents, employees, representatives, and permitted assignees against any and all any losses, damages, costs, liabilities and expenses that have been reasonably incurred in connection with any claims or damages arising out of or related to your breach and our enforcement of these Terms. This shall also apply to Users violation of any applicable law, regulation, or rights of any third party during their use of the Services.
12. FORCE MAJEURE
12.1 The Company will not be responsible for any breach, loss, delay, suspension, failure or impossibility in the provision of the Services an /or in compliance with these Terms of Service on the occasion of any event that could be considered as a product of fortuitous event, force majeure or the fact of a third party for whom you should not respond.
12.2 It should be understood as cases of fortuitous event, force majeure or acts of a third party, without limitation or exclusion of others to: government restrictions or regulations, embargoes, informatic or cybernetics attacks of any kind, robbery, theft, any type of fraud, acts of terrorism, wars, riots, strikes, labor or industrial disputes of any kind, fires, explosions, earthquakes, floods, accidents, acts of sabotage, environmental disturbances, unusually severe weather conditions, telecommunications failure, power failure, Internet connection interruptions, breaches in linked service providers, or any other cause that could not have been foreseen or that could not be avoided. Likewise, they will not be attributable to the Company and Users exempt it from any responsibility regarding any type of factual or legal situation that could affect the banking entities where the collection bank accounts are open and where the funds were transferred for compliance with the payment management instructions issued to the Company and that implied the temporary or permanent impossibility to dispose, use, extract, turn or operate, either partially or totally, with these.
13. ILLEGALITY
13.1 If the Company determines that any applicable law has made unlawful the provision of the Services, or if any governmental authority of the applicable jurisdiction has asserted that it is unlawful for the Company to provide the Services, or if any governmental authority of the applicable jurisdiction has imposed material restrictions on the authority of the Company to provide the Services, then, the Company at its sole discretion will be able to suspend or terminate the provision of the Services until it determines at it sole discretion that the circumstances that had motivated such determination no longer exist.
14. INTELLECTUAL PROPERTY
14.1 The Company and/or its controlling companies, affiliated or subsidiary companies, are the owners of all intellectual, authorship and industrial rights with respect to the Platform and domain, software, hardware, logos, logos, emblems, designs, information and content. Users do not have any rights regarding those.
14.2 The brand names relating to the Platform and any other trademarks, service marks and/or trade names used by the Company either on its own behalf from time to time (the “Trade Marks”) are owned by the Company, its controlling companies, affiliated or subsidiary companies, or its licensors. In addition to the rights in the Trade Marks, the Company and/or its licensors own the rights in all other content of the Website (the “Content”).
14.3 By using the Platform and/or the Services, Users shall not obtain any rights in the Trade Marks or the Content and Users may use the Trade Marks and Content only in accordance with the Terms of Service.
14.4 Users may only install and use the software connected to the Platform (the “Software“) and all content derived from the Platform, including, but not limited to, the copyright and all other intellectual property rights in the Software, in connection with the Services for the User´ personal and non-commercial use and in accordance with the Terms of Service.
14.5 The Software’s code, structure and organization are protected by intellectual property rights. You undertake not to: copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; sell, assign, sublicense, transfer, distribute or lease the Software; make the Software available to any third party through a computer network or otherwise; export the Software to any country (whether by physical or electronic means); or use the Software in a manner prohibited by any laws or regulations which apply to the use of the Software
15. NOTIFICATIONS
The User constitutes his/her address for the purposes of this contract in the one he registered in the validation procedure of his identity established in the platform. The Company and the User accept that all notifications sent to said addresses will be valid.
16. CONTACT
If Users wish to ask any question related to the Services or the Platform, may contact the Company by writing an email to info@holaping.com.
17. NO WAIVER
No waiver by any party of any breach of these Terms or any delay or omission by any party in enforcing the terms of these Terms of Service shall prejudice their rights or operate as a waiver of any subsequent or continuing breach.
18. SEVERABILITY
If any provision of these Terms is or becomes illegal or invalid, that provision will be deemed deleted from these Terms and the remaining provisions shall continue in force.
19. GOVERNING LAW AND JURISDICTION
Any disputes and claims that cannot be resolved amicably will be submitted to the exclusive jurisdiction of the courts located in the jurisdiction of the incorporation shown in our Platform, and shall be governed by and construed in accordance with its laws.
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Annex A. Terms of Service - Referral Program.
These Terms of Service (the "Terms") shall apply to the Referral Program (the "Program") which will offer benefits to registered and accredited Ping users ("User" or "Users") who invite unregistered third parties to register on our platform (the "Platform"), in accordance with the conditions and requirements of use detailed throughout the Program.
ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE - Referral Program
These Terms must be read, understood, and accepted by the User, together with Ping's Terms of Service, which are available on the Platform website (the "General Terms and Conditions"). Anything not set forth in these Terms shall be governed by the General Terms and Conditions. In the event of any differences between the provisions of these Terms and the General Terms and Conditions, the conditions set forth in these Terms shall prevail.
ANY PERSON WHO DOES NOT ACCEPT THE GENERAL TERMS AND CONDITIONS AND THESE TERMS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING PING AND/OR PARTICIPATING IN THE REFERRAL PROGRAM.
1. ACCEPTANCE AND CONTRACTUAL RELATIONSHIP. JURISDICTION. EFFECTIVENESS
Any person who accesses Ping and registers by following the steps determined by Ping shall be referred to as a "User" and by using Ping the User expressly agrees to these Terms which are binding on the User.
The Program applies to all Users coming from the jurisdictions accepted in the Platform.
The Program will be in force from the day of its publication until Ping decides that the Program has ended or will end on a specific date.
2. CAPACITY AND REGISTRATION. PRIVACY AND PROTECTION OF INFORMATION
The Program is available to all Ping Users who are already properly registered in accordance with the General Terms and Conditions.
3. CONDITIONS OF PARTICIPATION
Users who have successfully registered on the Platform, and consequently, have been able to obtain their Ping account, will automatically be generated a "Referral Link" (the "Link") to be able to participate in the Program. The Referring User (the "Referrer") may share said Link with both human beings and legal entities (hereinafter, the "Referred") as long as they come from, or have been incorporated in the jurisdictions provided for in the Platform. The Referrer must be a human person duly registered and accredited on the Platform.
In order for a Referrer to obtain the benefits described in section 4, all of the following conditions must be met:
a) The Referred must have registered at Ping through the Link provided by the Referrer. To do so, his/her profile must have been accepted as a Ping User after successful registration on the Platform as defined in the General Terms and Conditions.
b) In the event that both the Referrer and the Referred are human persons, in order for the Referrer to be eligible for the benefit, the Referred must make a minimum deposit of 100 USD in his/her Ping account.
c) There will be no minimum deposit requirements in case the Referred is a legal entity. Successful registration of the Referred’s account in Ping will entitle the Referrer to the benefit.
When all of the above conditions have been met, the Referrer will be granted the benefit, as described in the following section.
The benefits of the Program will only be provided to the Referrer in the event that the Referred’s account at Ping is successfully opened by complying with all the requirements of Ping’s compliance team.
4. BENEFITS
The benefit may be granted by Ping both through the delivery of U.S. dollars (USD), as well as with an equal amount in any cryptocurrency that Ping, at its sole discretion, deems appropriate. Such amounts will be deposited directly into the Referrer's Ping account.
When all the conditions mentioned in point 3 are met, the Referrer may obtain the following benefits:
In case the Referred is a human person, the Referrer will get 5 USD that will be credited to his/her account at Ping.
In case the Referred is a legal entity, the Referrer will get 100 USD that will be credited to his/her account at Ping.
In no case will the Referred obtain any benefit from this Program.
5. REFERRER/REFERRED CONDITIONS
5.1. Rules that apply to the Referrer:
Any Ping User who is properly registered and accredited on the Platform may be a Referrer.
The Referrer can have more than one Referred, but a Referred cannot have more than one Referrer.
A Referrer cannot refer to itself.
5.2. Rules that apply to the Referred:
A Referred can be any third party, both human persons or legal entities, that comply with Ping’s registration policies and procedures, as well as with the regulatory requirements of Ping’s compliance team and its suppliers.
If Referred already has an account at Ping (regardless of its registration status), such a Referred cannot be a beneficiary of this Program.
6. LIMITATION OF PING'S LIABILITY. INDEMNITY
The User expressly and irrevocably agrees to hold Ping and/or its related and affiliated companies, shareholders, officers, directors, managers, representatives, and employees absolutely harmless with respect to any claim and/or lawsuit and/or extrajudicial, administrative, or judicial sanction, initiated by other Users, third parties or by any agency, related to their activities on the Platform, compliance and/or breach of these Terms as well as the General Terms and Conditions, or in case of verification of the existence of fines and/or debts of any kind generated by the User or the activity of the same performed in or through Ping.
The User agrees that he/she uses Ping and the Program Benefits at his/her own, sole and exclusive responsibility. Ping shall not be liable for any direct or indirect damage or harm, including without limitation, damages caused by loss of chance, loss or deterioration of information, marketing actions, delays, interruptions, and defects that may exist in transmissions, through the use of the Platform, as well as viruses or system failures, provided that this is not attributable to Ping due to fraud or gross negligence declared as such by a court judgment or final and definitive arbitration award issued by a competent court.
7. CONTACT US. MODIFICATION OF THE PARTICULAR TERMS AND CONDITIONS.
Any request, query, complaint, and, in general, any communication to Ping should be sent by e-mail to info@holaping.com or to the internal support provided in the Platform.
Ping reserves the right to modify, alter or update these Terms; to terminate the Program at any time in its sole discretion; and/or to modify any content included in the services offered through the Platform.
Ping may unilaterally modify or terminate these Terms at any time as it deems necessary. It will be the responsibility of the User to visit these Terms with a certain frequency in order to corroborate their validity.
Modifications to these Terms shall be deemed accepted by the User if the User continues in the use of the Platform, without the need for the User’s express consent.
8. PRIVACY AND PROTECTION OF INFORMATION.
In terms of privacy and protection of the personal data of Users in Ping, the conditions set forth in the Privacy Policy made available through the Platform, shall apply.
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Annex B. Terms of Service - "Lemon Cash Referral Program".
Last modified: April 12, 2023
These Terms of Service (the "Terms"), shall govern the promotion in alliance with Lanin Pay S.A. de C.V., a company incorporated and registered in El Salvador, registered in the Registry of Commerce under no. 47 of book 4432, and with Tax Identification Number 0614-010821-101-4 ("Lemon"), through which, with the scope and requirements that will be defined in the following paragraphs, certain participants who register in Ping using the referral code provided by Lemon, will obtain a one-time-only credit of 10 USD in their account at Ping (the "Benefit").
CONDITIONS OF PARTICIPATION
1.1. Conditions of participation: Participants must be (a) natural persons, (b) over 18 years of age, (c) Argentine residents; and must have properly registered accounts at both Ping and Lemon.
1.2. Conditions of validity: In order to obtain the Benefit, participants must receive payments in their Ping accounts for a minimum value of 500 USD. This Benefit will be granted only once after the participant has received payments for the aforementioned amount as long as he/she has registered his/her account in Ping with the referral link provided by Lemon.
1.3. Conditions of validity: From the date this promotion comes into effect, participants will have a maximum period of 90 (ninety) calendar days to satisfactorily complete their registration in Ping, as well as to comply with the condition set forth in point 1.2.
The participant will not be eligible for the Benefit if the conditions foreseen in paragraph 1 are not fulfilled before the expiration of the term foreseen in the previous point.