User agreement
This User Agreement constitutes a public electronic agreement between You (hereinafter the “User”) and SIMPLYLAB INC (hereinafter the “Service” or “SIMPLYLAB INC”). By signing up to use an account through outcoin.best, APIs, or mobile applications, you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, as well as our Privacy Policy.
SIMPLYLAB INC is registered and operating according to the laws of Estonia, Tallinn, Lasnamäe linnaosa, Punane tn 68-170, 13619 Depending upon the context, SIMPLYLAB INC may also refer to different services, products, website, content or other materials provided by SIMPLYLAB INC The text of this User Agreement is permanently located at https://outcoin.best and contains all the essential conditions of the public offer of SIMPLYLAB INC By using the Site https://outcoin.best User agrees unconditionally to accept this User Agreement.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. BY ACCESSING, BROWSING OR REGISTERING TO USE THIS SITE YOU AGREE TO BE BOUND BY THIS USER AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS USER AGREEMENT PLEASE DO NOT USE THE SITE https://outcoin.best Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. If you do not agree to accept and comply with any of the provisions of the Terms of Use, or if the Terms of Use are contrary to your national law or to the law of your location, you agree not to use the Service, otherwise, you are liable for all losses and damages to the Service or to third parties, caused by your failure to follow the Terms of Use.
In addition, when using the Service particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. To be eligible to use the Service, you must be at least 18 years old.
SIMPLYLAB INC and User entered into this User Agreement under following terms and conditions.
1. TERMS AND DEFINITIONS
The following terms have the meaning indicated below, unless otherwise is stipulated in the present User Agreement: «Electronic tokens» means digital currency and tokens that have no central issuer and is distributed directly between the owners of such currency and tokens (e.g. BTC, ETH, XLM, LTC etc.).
«E-wallet» means program software for the Title units accounting. «User’s e-wallet balance» means summary information on the difference of all incoming and outgoing operations for managing the Title units.
«Account details» means User data necessary to access and use of the Site – login, password, email and other data indicated during the registration process as well as after it.
«Fiat money» means currency issued by the government and is designated a legal tender on the legislative level in the country of issuance. «Rates of electronic tokens on the Site» means the number of Title units of one electronic token provided on the Service, required for trading it for one Title Unit of another electronic token provided on the Service, and vice versa.
«Personal Account» means set of protected pages created as a result of User registration, with the help of which User has the ability to perform transactions and keep records of his activity on the Service.
«Order» means User’s offer to make a Title units exchange transaction under certain conditions with other users on the Service. «User» means a capable under personal law natural person that uses the Services, registered on the Site according to the User Agreement and holds the Personal Account on the Site.
«Site» means set of information, texts, graphic and design elements, pictures, photo, video and other fruits of intellectual activity, as well as set of software which ensures the accessibility of this information at https://outcoin.best «Service» means program software that provides common interface and technical opportunity to manage Title units.
«Title units» means units of account for electronic tokens, as well as the equivalent of Fiat money in the Service system. «Transaction» means a transaction of allimination of rights on Title units concluded between the Users. The headings (of articles) of the the User Agreement are for convenience only and shall not in any way affect the meaning or interpretation of the User Agreement.
2. SUBJECT-MATTER OF THE AGREEMENT
2.1. The subject matter of this User Agreement is the service allowing Users to trade and exchange the Title units.
2.2. For the above mentioned purpose SIMPLYLAB INC grants the User a free non-exclusive license to use the Service and Personal account all over the world for the period of use of the Service.
2.3. The User acknowledges and agrees that SIMPLYLAB INC does not act as the counterparty to any operation, does not provide financial services, and does not store, transfer or exchange Fiat money and Electronic tokens. All transactions on the Service are conducted directly between Users.
3. ACCESS TO THE SERVICE AND REGISTRATION
3.1. To be eligible to use the User must be at least 18 years old. By using the Service, the User confirms that he has reached the age of 18.
3.2. The User may only act on his own behalf. User may not use account to act as an intermediary or broker for any person or entity.
3.3. Depending on the User’s place of residence, the User may not be able to use the Service. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses the Service.
3.4. User is obliged to ensure the safety and security of the password and Account details. In case of loss of the password and / or data of the Personal Account, as well as in the event third parties obtain unauthorized access to the Personal Account, the User must immediately inform the SIMPLYLAB INC support service. Until such a message is received, all actions performed using the User’s Personal Account will be considered as committed by the User himself.
3.5. For the purpose of registration, the User must enter his/her current e-mail, Username and password. Registration is complete once the User receives a notification of successful registration on the indicated e-mail. The User sets his own password at registration and is solely responsible for the safety of the password and all account information. The User is obliged to provide appropriate security measures for his account and password, including protection from third-party access.
3.6. Personal account details must not contain misleading or fraudulent information. Creating fake information for the Personal account or providing fraudulent identification documents is prohibited. If SIMPLYLAB INC has doubts the details are not correct, current, or complete, SIMPLYLAB INC has the right to refuse the User the access to the Site, or any of its resources, and to terminate or suspend Personal Account.
3.7. User is not allowed to sell, borrow, share or otherwise make available his account or any detail necessary to access his Personal account to third parties. User is responsible for maintaining adequate security and control of any and all his usernames, passwords, two-factor authentication codes or any other codes or credentials that the User use to access the Service. The Service is not responsible for any losses of the User, which are caused by unauthorized access to the Personal Account, third-party access to the password/Personal Account.
3.8. SIMPLYLAB INC may require the User to verify his identity to access the Service which is offered. Verification may include the verification of a mobile phone, verification of identity documents of the User, the address of the User's residence.
3.9. Access to some products of the Service is possible without registration, confirmation of identity and verification.
4. SECURITY MEASURES, AML AND KYC POLICY
4.1. SIMPLYLAB INC takes all appropriate measures and implement the best standards to compliance with all applicable laws and regulations regarding Anti-Money Laundering. SIMPLYLAB INC will make reasonable efforts to detect and prevent people engaged in any criminal activity in any jurisdiction from using the Service. To prevent and mitigate possible risks of SIMPLYLAB INC being involved in any kind of illegal activity the AML/KYC Policy was adopted (ссылка).
4.2. AML/KYC Policy includes Verification procedures, Monitoring Transactions, Risk Assessment, hiring of the Compliance Officer responsible for compliance of Verification procedures, Monitoring Transactions, Risk Assessment, and who is entitled to interact with law enforcement, which are involved in prevention of money laundering, terrorist financing and other illegal activity.
4.3. By accepting this User Agreement, Users confirm that they own money and electronic tokens legally. If the funds of third parties are used to make transactions through the Service, then the Users themselves are liable for the eligibility of these funds.
4.4. If SIMPLYLAB INC has the grounds to suppose that the User is willing to commit a suspicious transaction it may at its discretion: to refuse to render the Services upon certain Order; request additional information proving legitimate character of the operation; to block access of the User to the User account; to terminate the User Agreement without prior notice of the User.
4.5. Regardless of changes and to avoid doubtness SIMPLYLAB INC will not render Services to the Users – citizens or residents of the сountries currently belonging to the FATF black list, citizens or residents of the United States of America.
5. PERSONAL ACCOUNT
5.1. After registration on the Service the User receives access to the Personal Account. The User can perform transaction using his/her Balance and Personal Account.
5.2. All information needed for depositing the Balance or withdrawing Title units is published on Personal Account.
5.3. Replenishment of the Balance occurs by depositing the Title units according to the details specified by the Service in the Personal Account.Replenishment of the User's Balance is the registration of the incoming transaction to the wallet in the Service system identified as the User's. Transferred Electronic tokens or Fiat Money equivalent will be displayed as the equivalent of the corresponding Title units on the User's Balance.
5.4. All information about Service’s fees and limits is published on the Site under the following address: (ссылка). By using the Service the User agrees with the fees and limits set on the Service. The Service reserves the right to make changes to the amount of fees and limits. Any fee or other mandatory payments for the transfer of funds, collected by the bank or non-bank financial institutions, are paid by the User independently.
5.5. The Service undertakes to store Balance information of the deposited Title units on the relevant electronic wallet of the Service, maintain their automatic record, ensure their availability for exchange in accordance with this User Agreement.
5.6. The Service is not a payment system or an operator of payment transactions, therefore it provides only technical record of Title units on the User's Balance. The Service does not perform operations on transfer or storage of Users' Money. All operations for transferring funds during the replenishment of the Balance or the withdrawal of Title units are performed by the intermediary services in accordance with the rules for using this Service. The Service is not responsible for the actions of intermediary services.
5.7. Operations with the Title units are carried out exclusively upon request of the User in his Personal Account. The Title units available on the Balance are managed by the User's order.
5.8. The Service has no right to block, as well as initiate to write-off the Title Units from the Balance without the appropriate order of the User, except for the cases provided under this User Agreement.
5.9. The Service has the right to provide write-off and liquidation of the Title Units from the Balance in case of delisting of the electronic token of any kind in case the User did not initiated the withdrawal of the Title Unit within the period defined by the Service for providing the withdrawal. To withdraw the Title units from the Balance, the User fills the corresponding form in the Personal Account.
6. DEALS AND OTHER PRODUCTS OF SERVICE
6.1. Deals are conducted on the basis of Orders, that are placed by users according to the Service rules.
6.2. Order Placement is an offer made by the User to any other user to conclude a transaction on the terms specified in the corresponding Order. Substantial conditions of the exchange transaction specified in the Order are the following: the name of the Title units that are offered for exchange; direction of the Order, what Title units are offered for exchange; limited volume of the Title units that are offered for exchange; exchange rates.
6.3. In order to ensure the fulfillment of obligations under placed Orders, the User must have Title units amount on his/her Balance not less than the full amount of all Orders that he/she has placed. The Order is registered on the Service only after verifying the availability of the required volume of Title units to fully secure User's obligations under the relevant Orders.
6.4. After Order placement the Service provides automatic offsetting of the Orders in accordance with the equivalence of exchange established by Users.
6.5. The User chooses the parameters of the Order before placing it, and can also at any time withdraw the pending part of the Order.
6.6. Orders can be executed fully and partially. In case of partial execution the Service automatically places an Order for the amount that is the difference between the amount of the initial Order and the amount of the executed Order.
6.7. An exchange transaction is complete when another User places an opposing Order with the exchange rate at which an operation may be performed in accordance with this User Agreement. In case of execution of the Order, the System performs automatic offsetting of the Title units between the Balances in accordance with executed Orders.
6.8. By placing an Order, the User gives his consent to the fact that, in the case of execution of the Order, the automatic writing off of the Title units from the User's Balance, as well as the automatic charging of the Title units on the User's Balance will be deemed to be those that are performed by the Service upon the User's request.
6.9. All actions related to the placement of the Order, its execution or withdrawal are displayed in the Personal Account.
6.10. Placed Orders, if they are not called off by users who have issued them, are queued until their execution.
6.11. Delivery of Fiat money equivalent, recorded as Title units in accordance with the Service rules, is made directly between users in terms established by them under separate agreements concluded by means of the Service.
7. INTELLECTUAL PROPERTY RIGHTS
Except in cases specifically provided by SIMPLYLAB INC, the User agrees not to perform actions that violate intellectual property rights of SIMPLYLAB INC, including but not limited to: selling, importing, exporting, licensing, renting, modifying, distributing, copying, reproducing, transfer, public demonstration, public performance, publication, adaptation, editing or creation of derivative works from materials, design elements or the content of the Service. Use of content, materials, other objects of intellectual property rights of the Service for any purposes not expressly indicated in this User Agreement is strictly prohibited
8. PREVENTION OF MISCONDUCT. WARRANTIES OF USER
8.1. User are prohibited to conduct the following actions:
- to use the Service to conduct fraud and any other illegal transactions, including using illegally obtained credit or payment cards;
- to use the Service as a tool for financing transactions or activities for which administrative, criminal or civil liability is provided under applicable law; perform any actions with Electronic Tokens and Title units, by passing the procedure provided for in this User Agreement;
- to copy and/or diffuse any items of intellectual property published on the Site except when this function is clearly contemplated by the Site;to copy or use in any other way the program part of the Site as well as its design;to use the personal data of third persons without their permission;
- to change in any way the program part of the Site, take any actions aimed at changing the functionality and usability of the Site, disable or otherwise interfere with the work of the Site;
- to insult or use any words or provide any actions violating rights and freedoms of third persons.
8.2. In case if suspicious transactions are detected from the User's Account, access to the Personal Account may be restricted for conducting a review for a period of between 24 hours and 60 working days.
8.3. The User agrees that in case of violation of this User Agreement SIMPLYLAB INC has the right to block the User's Personal Account.
9. WARRANTIES. LIMITATION OF LIABILITY OF SIMPLYLAB INC
9.1. SIMPLYLAB INC provides the Site and all services "AS IS". SIMPLYLAB INC does not make any specific promises about functioning of the Site and does not make any commitments about the content of the Site, the specific functions of the Site, or their reliability, availability or ability to meet the User’s needs.
9.2. To the extent permitted by law SIMPLYLAB INC excludes all warranties, guarantees, conditions, representations, and undertakings.
9.3. The service may contain links to third-party websites and send Users to other websites. Such websites are not under the control of SIMPLYLAB INC; moreover, the publication of links on the Service does not imply that SIMPLYLAB INC endorses such websites. SIMPLYLAB INC makes no warranties or representations, and does not bear any responsibility with respect to accuracy, content, terms of use, privacy policy, goods (works, services), legality, reliability, perception, relevance, morality and other aspects associated with such websites.
9.4. By performing the operation, the User agrees and carries all the risks involved in performing the transactions himself. The Service can not be charged with any cancellation of operations. The Service does not accept or process applications from anyone for the return and / or cancellation of operations.
10. RISK WARNING
10.1. By accepting the User Agreement the User acknowledges and accepts any risks associated with the transactions, agrees to be bound by the User Agreement, and acknowledges and accepts the following and any other risks.
10.2. The User guarantees that he/she understands general principles of work with Cryptocurrencies and is aware of Cryptocurrency of the following characteristics affecting its value and risks related to it mainly price volatility and transparency. User should understand there is a greater risk that he/she may not receive a fair and accurate price for the underlying cryptocurrency when trading.
10.3. User has to consider his/her financial position. The User has to be rational and do not invest money he/she cannot afford to lose.
10.4. SIMPLYLAB INC is not a broker, agent or advisor and has no fiduciary relationship or obligation to User in connection with any transaction, decisions or activities effected by his/her using the Services.
10.5. Any data, prices, news, opinions, researches, analyses and/or any other information contained on the Site is provided as general market commentary, and does not constitute an investment advice.
11. INDEMNITY
The User agrees to defend, indemnify and hold SIMPLYLAB INC, its affiliates and their respective employees, officers, directors and stockholders harmless from and against any and all damages for damages to property, bodily injury, death, or other injuries arising from the negligence or misconduct of the User or any person for whom User is legally responsible.
12. APPLICABLE LAW. DISPUTE RESOLUTION.
12.1. This User Agreement and any legal relations arising from this document are governed by and construed in accordance with the laws of Estonia, with the exception of the provisions of the conflict of laws.
12.2. In the event of any disputes on the issues provided for in this document, the Parties will take all possible measures to resolve them through negotiations.
12.3. If the Parties cannot reach an agreement through negotiations, any dispute arising from the User Agreement or related to it shall be referred and finally resolved in court.
12.4. This decision is final and binding on both parties and may be used or presented for execution in any court having jurisdiction; a statement regarding an executive order may be filed with such a competent court, if necessary.
12.5. The parties agree that information about the arbitration, including, but not limited to, the information of any arbitral award, is considered confidential and is not disclosed to third parties without the written consent of the Parties, unless required by law.
13. AMENDMENTS OF THE AGREEMENT
SIMPLYLAB INC has the right to unilaterally change this User Agreement. The changes take effect in 3 (three) days after the moment the new version of corresponding documents is published on the Site. If the User does not accept new edition of the User Agreement, he/she should stop using the Site.
14. TERMINATION OF THE AGREEMENT
14.1. User agrees that SIMPLYLAB INC has the right to immediately terminate the Personal account, to lock any funds in this account, and terminate access to the Service in the following cases:
there is any suspect or the fact of violation of the User Agreement, Privacy Policy, or any applicable laws and regulations;
this Personal account and activities of User became the subject to a criminal investigation or other pending administrative proceeding or litigation;
SIMPLYLAB INC detected unusual and suspicious activity in the Personal account;
in case of unauthorized access to the Personal account;
SIMPLYLAB INC was required to do so by a court order or the order of regulatory/government authority.
14.2. Should the account be terminated, the account and Personal data required for meeting data retention standards will be securely stored for five years.
14.3. Once the Personal account is closed in a normal regime and without violation of User agreement or based on cases mentioned in the prov. 15.1. of the User agreement, the User will have 5 working days to withdraw all funds from the Personal account.
14.4. In the event of termination of User Agreement due to its violation by User (including but not limited to the use of the Service by persons from the sanction list provided in clause 4.6 of the User Agreement), or as part of the investigation of fraudulent transactions and the fight against money laundering, SIMPLYLAB INC cancels User’s Personal Account, and has the right to impose a penalty on the amount of the entire balance of funds held in the User’s Personal Account.
15. FINAL PROVISIONS
15.1. With the exception to the cases defined by the User Agreement and the current legislation, all the notifications, messages and documents related to the fulfillment of obligations arose out of the User Agreement should be sent to and are considered as received by the Parties if they have been sent via email from the authorized address of one Party to the authorized address of the other Party. An authorized address can be:for the User: the email address indicated by him/her; for SIMPLYLAB INC: support@outcoin.best
15.2. This User Agreement is valid until terminated by one of the Parties. The User may terminate this User Agreement at any time by stopping the use of the Service and removing all copies of any Service components from all of his/her devices and equipment. SIMPLYLAB INC at its discretion, with or without prior notification of the Users, may unilaterally terminate this User Agreement.
15.3. If any part of the User Agreement is considered invalid or null and void according to applicable law, the rest parts of the Agreement remain in effect.