IMPORTANT, READ CAREFULLY:
Last updated [July 13, 2022]
PLEASE READ THESE TERMS OF SERVICE CAREFULLY
1. AGREEMENT TO TERMS
1.1. These Terms of Service constitute a legally binding agreement between you (“User,” “you” or “your”) and BUSDX LLC, the owner of BUSDXPAY mobile app (the “App”), having its principal office located at 2222 W. GRAND RIVER AVE STE A, OKEMOS, MI 48864 (“Company”, “we,” “us” or “our”) concerning your access to and use of the App. You confirm that by downloading, installing, accessing and using the App, you agree to be bound by these Terms of Service.
1.2. Supplemental terms that may be added on the App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the App after the date such revised Terms of Service are posted.
1.3. The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App from other locations do so on their own discretion and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
PLEASE READ THE ENTIRETY OF THESE TERMS OF SERVICE CAREFULLY. NOTHING HEREIN CONSTITUTES LEGAL, CRYPTO, FINANCIAL OR BUSINESS ADVICE AND YOU SHOULD CONSULT YOUR OWN PROFESSIONAL ADVISOR(S) BEFORE ENGAGING IN ANY ACTIVITY IN CONNECTION HEREWITH. WE SHALL NOT BE LIABLE FOR ANY KIND OF DIRECT OR INDIRECT DAMAGE OR LOSS WHATSOEVER WHICH YOU MAY SUFFER AS A RESULT OF ACCESSING THE APP OR USING ANY OF OUR SERVICES.
2. BUSDXPAY APP
2.1. The BUSDXPAY App aims at revolutionizing fin-tech. We are aiming to make cryptocurrency just as easy to spend as fiat globally. Our BUSDXPAY system enables you to make online purchases with our cryptocurrency BUSDX. The new platform also entitled you to receive a certain percentage back in the form of BUSD as reward. You will be able to utilize the whole ecosystem using this payment platform.
2.2. Please note that BUSDX Tokens are not meant to constitute securities in any jurisdiction. These are utility tokens in their nature. The App neither intends to constitute an offer of buying securities or a solicitation for investment in securities in any jurisdiction, nor does it contain any recommendations or advice to sell or purchase BUSDX Tokens.
2.3. You agree and acknowledge that if you are a citizen, resident of any jurisdiction where cryptocurrencies are banned or restricted either partially or completely, you shall not use our App or access our services.
2.4. You understand and agree that to the maximum extent possible by the applicable laws, rules and regulations, we SHALL NOT be responsible for any special, vicarious or any kind of consequential damages as well as any other losses, like loss of income, profits, or loss of use or data, caused by use of the App.
3. User Accounts
3.1. In order to use some or all of the functionalities and Services provided through the App, you shall be required to register an account (“Account”) with the App. At the time of registration of account, you will be asked to complete a registration form which shall require you to provide personal information such as name, address, phone number, email address, username and other personal information (“Account Information”).
To create an Account, the User must be at least 18 years of age or any other legal age (as applicable at his/her country of origin) to form a binding contract. If the user is not of legal age to form a binding contract, the User may not register to use the Services. Upon verification of details, the Company may accept an account registration application. You must not allow any other person to use your account to access the App. You must notify us in writing immediately if you become aware of any unauthorized use of your Account. You must not use any other person's account to access the App, unless you have that person's express written permission to do so.
4. Web resources and third-party services
4.1. The App may also offer you the opportunity to visit links to other websites or to engage with third-party products or services. You assume all risk arising out of your use of such links, websites or resources.
5. Services that Require Separate Agreement
5.1. Certain features or services may require that you enter into a separate and supplemental written agreement prior to use.
6. Intellectual Property Rights of App
6.1. Unless otherwise indicated, the Website and App are our proprietary property and except the intellectual property rights (including articles, logos, trademarks and content) of the third party news websites, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website and the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by applicable copyright and trademark laws and various other intellectual property rights and unfair competition laws and international conventions. The Content and the Marks are provided on the Website and the App “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Website and the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
6.2. Subject to these Terms of Service, you are granted a limited license to access and use the Website and the App. We reserve all rights not expressly granted to you in and to the Website and the App, Content and the Marks.
7. User Representations
7.1. By using the App, you represent and warrant that: (1) all user information you will submit will be true, accurate, current and complete; (2) you will not access the App through automated or non-human means, whether through a bot, script or otherwise; and (3) you will not use the App for any illegal or unauthorized purpose.
7.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).
8. User Ids and Passwords
8.1. If you register for an account with the App, you will be asked to choose a user ID and password. Your user ID must not be misleading and must comply with the content rules set out in this document; you must not use your account or user ID for or in connection with the impersonation of any person.
8.2. You shall be responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
8.3. You must notify by emailing us if you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password).
8.4. You are responsible for any activity and content on the account arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
9. Prohibited Activities
9.1. The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
9.2. As a user of the App, you agree not to:
9.2.1. systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
9.2.2. make any unauthorized use of the App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
9.2.3. use the App to advertise or offer to sell goods and services;
9.2.4. circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein;
9.2.5. engage in unauthorized framing of or linking to the App;
9.2.6. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
9.2.7. make improper use of our support services or submit false reports of abuse or misconduct;
9.2.8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
9.2.9. interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App;
9.2.10. attempt to impersonate another user or person or use the username of another user;
9.2.11. sell or otherwise transfer your profile;
9.3.12. use any information obtained from the App in order to harass, abuse, or harm another person;
9.2.13. use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any revenue-generating endeavor or commercial enterprise;
9.2.14. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App;
9.2.15. attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any of its portion;
9.2.16. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App to you;
9.2.17. delete the copyright or other proprietary rights notice from any Content;
9.2.19. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App;
9.2.20. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
9.2.21. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the App, or using or launching any unauthorized script or other software;
9.2.22. disparage, tarnish, or otherwise harm, in our opinion, us and/or the App;
9.2.23. use the App in a manner inconsistent with any applicable laws or regulations.
10. USE LICENSE
10.1. We hereby grant you a revocable, non-exclusive, non-transferable, limited right to use the Website or download, install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with these Terms of Service. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.to use the Website or download, install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with these Terms of Service. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.to use the Website or download, install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with these Terms of Service. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
11. APPLE AND ANDROID DEVICES
11.1. The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the App: (1) the license granted to you for our App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms of the App license contained in these Terms of Service or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the Terms of Service in this App license contained in these Terms of Service, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service in this App license contained in these Terms of Service against you as a third-party beneficiary thereof.
12.1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the App ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
13. APP MANAGEMENT
13.1. We reserve the right, but not the obligation, to: (1) monitor the App for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App.
15. COPYRIGHT INFRINGEMENTS
15.1. We respect the intellectual property rights of others. If you believe that any material available on or through the App infringes upon any copyright you own or control, please immediately notify us using the contact information provided herein (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the App infringes your copyright, you should consider first contacting an attorney.
16. TERM AND TERMINATION
16.1. These Terms of Service shall remain in full force and effect while you use the App. Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty or covenant contained in these Terms of Service or of any applicable law or regulation. We may terminate your use or participation in the App or delete your account and any content or information that you provided at any time, without warning, in our sold discretion.
16.2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
17. DISCLAIMER OF WARRANTY
17.1. You expressly agree that use of the Website or App or purchase is at your sole risk. The Website or App are provided on an “as is” and “as available” basis. Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration.
17.2. You acknowledge and agree that the App does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party HCPs, including medical doctors and other HCPs in our network. You acknowledge and agree that the HCPs using the App are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of HCPs, in their sole discretion, as they deem appropriate. Company does not make any express or implied warranties that the HCPs are validly licensed to practise medicine, or are qualified to advise in their purported area of speciality.
18. LIMITATION OF LIABILITIES
18.1. You understand that to the extent permitted under applicable law, in no event will Company or its officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses arising out of or related to your use of the App, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
18.2. You shall be solely responsible for using and securing your funds in the App. In case of any hacking attempt or illegal activity targeting your Account, the Company shall not be liable for loss of any funds.
19. MODIFICATIONS AND INTERRUPTIONS
19.1. We reserve the right to change, modify or remove the contents of the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the App. We also reserve the right to modify or discontinue all or part of the App without notice at any time. We will not be liable to you or any third party for any modification, suspension or discontinuance of the App.
19.2. We cannot guarantee the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App. Nothing in these Terms of Service will be construed to obligate us to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.
20. GOVERNING LAW
20.1. These Terms of Service and your use of the App are governed by and construed in accordance with the laws of the country where the Company or the owners of BUSDXPAY are based.
20.2. Should any dispute arise between Company and any User with regard to the interpretation, rights, obligations and/or implementation of any one or more of the provisions of these Terms of Service, the Parties shall in the first instance attempt to resolve such dispute by amicable negotiation.
20.3. You shall be responsible for complying with the local laws of your country and complying with the reporting requirements for taxes applicable on crypto profits earned using the App.
20.4. You agree to comply with the anti-money laundering laws of your country and agree not to use the App for any type of money laundering, tax evasion or terror financing. You acknowledge and agree that the Company shall not be held liable for any non-compliance or illegal activity carried out from your Account via App.
21. FORCE MAJEURE
21.1. Company shall not be liable for any delay in performance due to force majeure, including strikes, accidents, acts of God, or other delays beyond the control of Company. If timely provision of Services is prevented by any cause of force majeure then such failure or delay shall not constitute default.
21.2. Company shall not be liable for any failure to fulfill any term under these Terms of Services if and to the extent that the fulfilment is delayed, interfered with or prevented by Force Majeure. For the purposes of these Terms of Service, Force Majeure shall mean the following: (i) Acts of God, (ii) war, outbreak of hostilities, riot, civil disturbance, acts of terrorism, (iii) the act of any government or authority (including refusal or revocation of any licence or consent), (iv) fire, explosion, bad weather, (v) power failure, failure of telecommunication lines, failure or breakdown of plant, machinery or vehicles, (vi) outbreak of a pandemic/epidemic (vii) theft, malicious damage, strike, lock-out or industrial action of any kind, and (viii) any cause or circumstance whatsoever beyond Company’s reasonable control.
22.1. No waiver by any party of any of the provisions hereof is effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these Terms of Service, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms of Service will operate or be construed as a waiver thereof; nor will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
23.1. There may be information on the App that contains typographical errors, inaccuracies, or omissions that may relate to the App, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the App at any time, without prior notice.
24.1. You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use or access of the App; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the App with whom you connected via the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
25. USER DATA
25.1. We will maintain certain data that you transmit to the App for the purpose of managing the App as well as data relating to your use of the App. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the App. You agree that we shall have no liability to you for any loss or corruption of any such data and you hereby waive any right of action against us arising from any such loss or corruption of such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
26.1. Visiting the App, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the App. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
27. CONTACT US
27.1. If you have a complaint regarding the App or would like to receive further information regarding use of the App, please contact us as below: