Paycheck Terms of Service

These Terms of Service apply to our platform services (“Terms”) and regulate the relationship between you (“user” or “client”) and us (“we” “Paycheck”). It is an agreement that sets out how we will give you access, guidance, and exposure to our platform and cryptocurrency transactions therein (the “Crypto Services”). You are strongly advised to read these Terms and observe the related risk warnings. If you do not agree with these Terms within this document, then you forfeit the right to access our platform and services.

In the course of your interaction with Paycheck, it's important to note that we employ cookies in accordance with our Privacy Policy.

Definitions

“Communications” shall mean all and any communication, agreement, document, receipt, notice, and disclosure, which may be from time to time addressed to the User by Paycheck.

“Crypto Assets” shall mean such type of assets which can only and exclusively be transmitted by means of blockchain technology, including but not limited to digital coins and digital tokens and any other type of digital mediums of exchange, such as Paycheck, Polygon, Binance, Ethereum, etc.

“Deposit/Withdrawal” of crypto assets shall mean remittance of crypto assets to/from Coin User Crypto Account from/to external third-party service accordingly.

“Suggestion” is any feedback, suggestion, idea, or other information or material regarding Paycheck or our Services that you provide, whether by email, posting through our Services, or otherwise.

"Force Majeure Event" shall be understood as any event beyond Paycheck’s reasonable control, including but not limited to a flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, and action of government, suspension of bank accounts of any kind, extraordinary downfalls of the course of crypto assets, communications, network or power failure, or equipment or software malfunction or any other cause beyond Paycheck’s reasonable control.

“User Account” is an account accessible by a User upon being opened via the Paycheck platform. The User’s crypto assets may be stored and operated from the User’s account and corresponding wallet.

"Third-Party Content" is the content provided by third parties, including but not limited to access to services and web pages of such parties, which may be represented on the Paycheck website or platform.

"Third-party Service" is an external service provider or individual who provides a service or technology on a contractual basis, which may be represented on the Paycheck website or platform.

“Blockchain” is a type of data structure that identifies and tracks transactions digitally and shares this information across a distributed network of computers, creating a distributed trust network. The distributed ledger technology offered by blockchain provides a transparent and secure means for tracking the ownership and transfer of assets.

“Staking” is the process in which holders of cryptocurrency put their digital assets to work and earn passive income distributions based on the total staked amount.

“Trade” shall be understood as an exchange of cryptocurrency assets of one kind, owned by one Account User, to the cryptocurrency assets of another kind, owned by the same or another Account User. In no case shall the Trade be deemed or construed as a leveraged or marginal trade.

“Transfer” for the purposes herein shall mean a record of Deposit, Withdrawal, and/or Trade transaction of a cryptocurrency asset into or out of a User’s Account.


Proscribed Items/Services

The following items stated below are not an exhaustive list of prohibited use of our site and services.

  1. Software or websites with malware, viruses, trojans, spoofing, etc.

  2. Illegal drugs and substances.

  3. Content which may:

  • Constitute spam;

  • Invade any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;

  • Be in contempt of any court, or in breach of any court order;

  • Be in breach of racial or religious hatred or discrimination legislation;

  • Be untrue, inaccurate, or misleading;

  • Be libelous, or maliciously false;

  • Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory, or inflammatory.

  • Pornography featuring underage or coerced actors.

Warranties, Representations, and Covenants

It is a condition precedent that our Services are only provided to those who are permitted to access our website, platform, and services within geographic locations where laws do not prohibit access. Consequently, if you are not legally permitted to access our website, platform, and services within your relevant jurisdiction, for whatever reason - DO NOT USE OUR SERVICES.

You further represent and warrant that you:

  • are at least 18 years old or of other legal age, according to your relevant jurisdiction;

  • have not previously been suspended or removed from accessing our Services; 

  • access our site via your own e-mail, wallet, and social media accounts for your own benefit, and do not act on behalf of/or in the interest of any other person;

  • have full permission within your relevant jurisdiction to access our Services and, by doing so, will not violate any other legal guidelines;

  • will immediately cease using our Services if any applicable law in your country or relevant jurisdiction prohibits or will prohibit you at any time from doing so;

  • will not use our Services or will immediately cease using those if you are a resident or become a resident at any time of the state or region (in accordance with such state or region definition of residency), where the cryptocurrency transactions you are going to execute are prohibited or require special approval, permit and/or authorization of any kind, which Paycheck has not obtained in this state or region. In case of any doubts, immediately and prior to any use of the Services, contact us at support@paycheck.io, and we will provide you with the information, whether we have any approval, permit, or authorization in the state or region where you reside.

  • further represent, agree, and warrant that you will not violate any law, contract, intellectual property, or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our site. Without prejudice to the generality of the foregoing, you represent, agree, and warrant, that you will not:

  • Use the site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from using our site with full functionality or that could damage, disable, overburden or impair the functioning of our site in any manner;

  • Use the site to pay for, support, or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or any other illegal activities;

  • Use or attempt to use another User account without consent;

  • Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Platform that you are not authorized to access;

  • Develop any third-party applications that interact with our site without our prior written authorization;

  • Encourage or induce any third party to engage in any of the activities prohibited under this Section and under the proscribed services section.

Indemnity

You indemnify and hold Paycheck harmless against any claims, demands and damages, whether direct, indirect, consequential or special, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, originated from or in any way connected with invalidity or breach of any of the warranties, representations and covenants of this section and the entire terms.

Crypto Security

We strive to protect your crypto assets from unsanctioned access, use, or spending within our network, platform, and applications. We reserve the right to utilize a variety of physical and technical measures to help you protect and secure your crypto assets.

Risk Disclosure

Based on our policies, we only provide Services to users with adequate experience, knowledge, and understanding of the operations of our site and those who fully understand the associated risks. You acknowledge and agree that you shall access and use our products at your own risk. The risk of loss in investing and trading cryptocurrency can be significant. You should, therefore, carefully consider whether such trading is appropriate for you in light of your circumstances and resources. In addition, you must acknowledge and agree to the following:

  • Paycheck is not liable for any losses of your investment in crypto assets, and, in some cases, where you may incur losses beyond such crypto investments, Paycheck shall not be responsible for such losses either.

  • Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, during network congestion events or in specific market situations where there may be insufficient liquidity.

  • Placing contingent orders, such as "stop-loss" or "stop-limit" orders, will not necessarily limit your losses to the intended amounts since market conditions may make it impossible to execute such orders.

  • Paycheck shall not be responsible for any and all losses, including losses to your crypto assets incurred as a result of its advice, recommendations, teachings, coaching, and training on cryptocurrency trading and investment strategies.

  • The points noted in the Risk Disclosure apply to all investing and trading activities in conjunction with crypto assets. This includes but is not limited to coins, fungible tokens, and non-fungible tokens. This concise statement cannot disclose all the risks and other aspects associated with trading and investing crypto assets and shall in no way be considered professional advice.

Risks Associated with the Blockchain Protocol

This site and its related Services are based heavily on Blockchain protocol. As such, any malfunction, unintended function, unexpected functioning of, or attack on the Blockchain protocol may cause the site or its applications to malfunction or function in an unexpected or unintended manner.

Risks Associated with Wallets and Crypto Assets

You acknowledge and accept that Paycheck has no control over your wallet(s) and associated crypto assets. You understand all risks associated with connecting your wallet to our site. Paycheck will not be responsible for any harm resulting from a User connecting and utilizing their wallet(s) in conjunction with our site and applications.

Market Volatility

Particularly during periods of high volume, fast movement, illiquidity, or volatility within the market for crypto assets, the actual market rate at which a market trade transaction is executed may differ from the prevailing rate. You acknowledge that Paycheck is not liable for any fluctuations in the rates of crypto assets associated with our site and applications.

Electronic Communication Notices

You consent to receive all communications electronically that Paycheck may be willing to communicate to you in connection with your account and the use of our services. Consequently, it is your responsibility to keep your email address with us to date so we can communicate with you electronically. You acknowledge and agree that if we send you an electronic communication, but you do not receive it because your email address with us is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, we will be deemed to have provided the communication to you. 

If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must include Paycheck's email or name in your email address book so that you will be able to receive the communications we send you. You can update your email address at any time by following the provided instructions on our site or by visiting the profile section within the application you are accessing on our site.

Fees

You authorize us to charge or deduct your Wallet or Account for any applicable fees owed in connection with accessing and using our network and or applications. You agree to pay any applicable network fees and/or service fees associated with the transactions you may perform by accessing our network and services, which may vary from time to time.

Access to Services and Restrictions

We may, at any time, in our sole discretion and without liability to you, with or without prior notice, modify or discontinue, temporarily or permanently, any portion of our Services. 

We may, at any time, exercise our right to refuse service and, in our sole discretion, restrict access to any individual or impose any other conditions or restrictions upon your use of the site without prior notice. 

Taxes

It is your responsibility to determine what taxes apply to any Services you may have rendered on our site. You are responsible for reporting and remitting the correct taxes to the appropriate tax authority. You agree that Paycheck is not responsible for determining whether or not taxes apply to your use of our Services.

Submitted Content

We own exclusive rights, including all intellectual property rights, to any content you submit to us, including feedback on our services. Any content you submit is non-confidential and shall become the sole property of Paycheck. We will be entitled to the unrestricted use and dissemination of such content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You waive any rights, including but not limited to copyrights you may have to the content. Do not submit content if you expect to be paid or want to continue to own or claim rights on it; your idea might be great, but we may have already had the same or a similar idea, and we do not want disputes. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights or their right to privacy. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out therein.

Copyrights and Other Intellectual Property Rights

Unless otherwise indicated by us, Paycheck IP is the proprietary property of Paycheck or our affiliates or suppliers and is protected by international copyright laws and other intellectual property rights laws. We hereby grant you a limited, nonexclusive, and non-sublicensable license to access and use Paycheck IP for your personal or business use solely for the purposes of regular use of the site. Such license must not be resold, distributed, be on public display, modified, or used for any other purpose other than the purpose described herein. The license granted herein will automatically terminate if we suspend or terminate your access to our Services.

Suspension and Termination of Access

In case of your breach of the Terms of Service or any other event as we may deem necessary, including, and without limitation to, market disruption and/or Force Majeure event, we may, in our sole discretion and without liability to you, with or without preceding notice:

  • suspend your access to all or a portion of our Services; or

  • terminate your access to our Services.

Applicable Law

You and Paycheck agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Arbitration prevents you from suing in court or from having a jury trial.

You and Paycheck agree to inform each other in writing of any dispute within thirty (30) days of when it arises. Notices to Paycheck shall be sent to support@paycheck.io.

Whether the dispute is heard in arbitration or in court, you agree not to commence against Paycheck a class action, class arbitration, or representative action or proceeding.


Third-Party Link/Site/Content

While using our site, you may access third-party content. We do not control, endorse or adopt (unless expressly stated by us) any third-party content and shall have no responsibility for third-party content, including and without limitation to material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage incurred as the result of such dealings, and you understand that your use of third-party content and interactions with third parties is at your own risk.

Questions and Concerns

If you have any questions or concerns pertaining to our Terms of Service or our Services, send us an email at support@paycheck.io and we would be happy to respond.