Terms of Service

This agreement (the “Terms”), that is made between you (“User”, “Users” or “you”) and Ping (“Ping”, the “Company”, we” or “us”), the service operator, 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 Prime Trust LLC (“Prime Trust”), one of our partners. You can find more information on the Prime Trust custody website located here: https://www.primetrust.com/prime-custody.

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) Prime Trust Terms. By using the Services, you agree to Prime Trust’s Terms of Service. Ping has partnered with Prime Trust, a Nevada state-chartered trust company, 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 Prime Trust account through our Services. In order to use the payment functionality of the Services, you agree to (i) Prime Trust's privacy policy, available at https://www.primetrust.com/privacy, and (ii) Prime Trust’s Custodial Agreement in addition to other applicable Terms (“Prime Trust Terms”) related to the functionalities offered in our Platform. You represent and warrant to Ping that you expressly accept and comply with all applicable Prime Trust Terms in relation to the operation of the Services and you understand that Prime Trust is providing their products and services to you according to the Prime Trust Terms. Any kind of funds of yours held in custody by Prime Trust are held by Prime Trust’s financial institution partners. Please review the Prime Trust Terms for additional information. To the extent that there is any conflict between this Agreement and the Prime Trust Terms, such Prime Trust Terms will control with respect to the applicable Prime Trust products and services. You understand that the aforementioned Services are solely and totally provided by Prime Trust.

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 Prime Trust’s compliance requirements, which can be consulted here: https://documentation.primetrust.com/#tag/Prime-Trust's-KYC-Process.

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 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.


6.3 Users are exclusively liable for any and all tax obligations (either national, provincial or municipal) which 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. 


6.4 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 Prime Trust 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 [email protected]

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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