In order to use the platform (the "Platform") provided by fuly.ai (the "fuly.ai") and the related services (collectively, the "Services") on the website (URL: https://fuly.ai/, the "Website") through the account you register on the Platform (the "Account"), you agree that, when accessing the Website and using the Services, you will be bound by the following terms and conditions (the "Terms of Use"). Please read this Agreement (defined below, including these Terms of Use) carefully. If you do not agree to its content, please do not register an Account, access the Website, or use the Services.
Please note that if you use the Services, you will also be bound by our Privacy Policy (the "Privacy Policy") and Cookie Policy (the "Cookie Policy"), which together constitute a binding agreement between you and fuly.ai. The agreement between you and fuly.ai consists of these Terms of Use, the Privacy Policy, and the Cookie Policy (collectively, the "Agreement"). fuly.ai has the right to change, revise, or update this Agreement at any time. Additional terms may be added to the Services in the future, and if you use the Services, those additional terms will also form part of this Agreement. If there are any subsequent changes, revisions, or updates to this Agreement and you do not agree to them, you may still access your transaction records and funds, but you will not be able to continue using other Services or the Website.
1.Acceptance of the Agreement
By accessing or using the Services and the Website in any manner (including but not limited to via devices or services provided by third parties), you understand and agree to be bound by the terms of this Agreement, which may be revised in accordance with Section 13.2 of these Terms of Use.
2.Eligibility
Under applicable laws, by accessing and using the Services and the Website, you agree to the content of this Agreement and represent and warrant that:
(1)You are at least 20 years old, or at least the minimum legal age required by applicable law, such that the Services may be lawfully provided to you without the consent of your guardian;
(2)You agree to the content of this Agreement (and have full capacity to exercise such consent);
(3)Your country of residence or nationality is not a country or region with which U.S. nationals are prohibited from doing business (e.g., countries sanctioned by the U.S. Office of Foreign Assets Control), and you are not a person or legal entity listed on the Specially Designated Nationals And Blocked Persons List (the "SDN List");
(4) You have not previously been suspended from or removed from the Website;
(5)You actually own all the digital assets in your account on the Platform (or are authorized to transact in such digital assets);
(6)You have obtained all necessary authorizations and consents to execute transactions through your Account;
(7)You have provided true, accurate, and complete information for Account registration; and
(8)You have read all risk disclosure statements in this Agreement and agree to bear all risks described therein.
If you do not meet the foregoing eligibility, please do not access or use the Services and the Website. Otherwise, you/your parents/your legal guardians shall bear all legal and financial liability arising therefrom, and fuly.ai has the right to seek compensation from you/your parents/your legal guardians for any damages caused by such access or use. In addition, fuly.ai has the right to suspend, cancel, or terminate your user account.
3.Privacy Policy and Cookie Policy
Please review our Privacy Policy to understand how we collect, process, and use your personal data. Please also review our Cookie Policy to understand how fuly.ai stores, uses, and accesses cookies, web beacons, pixels, clear gifs, and other similar technologies.
4.Account Registration and Security
(1)In order to use certain features or functions of the Services and the Website, you must first register a fuly.ai account. After fuly.ai completes the activation procedure, you become a registered fuly.ai user and may begin to access and use the Services and the Website. Please note that your fuly.ai Account registration is governed by this Agreement.
(2)When registering and subsequently activating a fuly.ai Account, you must provide certain personal data, including but not limited to: email address, username, and creating an Account and setting a password. When activating your Account and subsequently accessing and using the Services and the Website, you are subject to the sole discretion and adjustments of fuly.ai. As used in this Agreement, "Affiliate" means another enterprise that directly or indirectly controls, is controlled by, or is under common control with the relevant entity, and "control" (including "controlled by" and "under common control with") means the right to direct or cause the direction of management and policies, whether through ownership of voting stock, by contract, or otherwise.
(3) By activating your Account or accessing the Services and the Website, you agree to:
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Provide accurate, current, and complete personal data, and promptly update such data to ensure it remains accurate, current, and complete;
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Maintain the security of your identity verification;
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Accept the risks associated with inaccurate, outdated, or incomplete data.
(4) You hereby authorize fuly.ai to make any inquiries we deem necessary, directly or through third parties (including but not limited to its affiliates, telecom companies, or banks (as applicable)), to verify your identity and/or prevent fraud, including inquiries regarding identity information (e.g., name, address, prior addresses, or date of birth). We will use the results of such inquiries for Account verification and take appropriate action as warranted. You further authorize all third parties to provide complete responses to such inquiries or requests.
(5)fuly.ai reserves the right to determine, in its sole discretion:
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(a) To refuse your registration for or activation of the Services and the Website;
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(b) To limit the number of accounts a single user may create or hold;
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(c) If fuly.ai determines that you may have violated this Agreement or engaged in any improper conduct, to suspend, restrict, or terminate your access to and use of all or part of the Services and/or the Website; and
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(d) Under the following circumstances, we will deactivate/cancel your Account and remove content provided on or through the Website (collectively, "Website Content"), including but not limited to content posted, uploaded, shared, submitted, or created through the Account by you or by other users of the Services, the Website, or fuly.ai. Such deactivation/cancellation may be made in fuly.ai's sole discretion without prior notice: (i) the information provided at registration or thereafter is inaccurate, outdated, or incomplete; (ii) activity or conduct under your Account is suspected of violating this Agreement or your other agreements with fuly.ai, or constitutes a Prohibited Activity under this Agreement; (iii) a dispute exists between you and fuly.ai and related legal or judicial proceedings are ongoing; or (iv) activity or conduct under your Account is suspected of violating our anti-fraud, anti-money-laundering, and anti-terrorism policies, or violates applicable laws.
(6)You are responsible for protecting the security of your Account, including but not limited to maintaining the security and control of all IDs and passwords, API keys, or other code you use to access or relate to the Services and the Website. When setting your user ID and password, do not use easily identifiable or predictable information, such as your birthday, phone number, or identifiable parts of your name. You must not intentionally or unintentionally share, provide, or disclose your Account or password to a third party, or allow a third party to access or compromise it. You must take necessary and reasonable measures to safeguard the confidentiality of your Account and password and prevent third-party use. Loss or misuse of the foregoing information or your personal data may lead to unauthorized access to your Account, or loss or theft of digital assets or other assets in your Account or any related accounts. As the owner of the Account and password, you have an obligation to take necessary and reasonable precautions to keep your Account/password confidential, and you agree to be solely responsible for any activity or conduct under your Account (whether authorized by you or not), unless you can provide sufficient evidence that a defect in the fuly.ai system allowed a third party to make unauthorized access to our IT systems and tamper with your Account. If you believe your Account and password have been improperly disclosed to a third party, lost, stolen, or used in unauthorized transactions, you must notify fuly.ai immediately.
5.Risk Disclosure Statement
You agree and confirm that you fully understand the risks involved in trading digital assets and are responsible for reviewing the regulatory status and requirements of relevant authorities. The risks include but are not limited to:
(1) Digital assets are not legal tender. Before deciding to hold, purchase, or sell digital assets, you are obligated to understand the nature and risks of digital assets on your own. The legal obligations associated with digital assets may also change as their legal status changes.
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fuly.ai makes no guarantee that any party will accept digital assets as consideration for goods or services, and certain jurisdictions may expressly prohibit the use of and transactions involving digital assets. You understand and agree that fuly.ai is not responsible for confirming any laws, orders, or rules applicable to your transactions (including but not limited to anti-money-laundering laws, securities laws, or tax laws). You understand and agree that complying with all laws, orders, or rules applicable to your transactions is your own obligation and responsibility.
(3) The value of digital assets may fluctuate significantly. You should understand this characteristic before deciding to hold, purchase, or sell digital assets.
(4) All information technology systems, personal computers, mobile phones, websites, and/or any other devices may be subject to attacks by malicious hackers, viruses, Trojans, code, or other forms of cyberattack or unauthorized intrusion or destruction (collectively, "Cyberattacks"). If the Platform is subject to a Cyberattack, your Account and digital assets may be adversely affected. Although the Website endeavors to control risk within reasonable limits, there is no guarantee that risk can be entirely eliminated, and fuly.ai and its affiliates make no warranties as to the foreseeability, detection, mitigation, or remediation of Cyberattacks. In addition, the Website cannot control the computer, mobile phone, terminal, or other device you use to access our Website, and you are solely responsible for ensuring the security of using such devices.
(5) Risks associated with using the Platform, the Services, and the Website may include but are not limited to: transmission failures or delays caused by failures of any computer equipment, hardware, software, and Website connections, which may result in delays, malfunctions, or unavailability of the Website. You also understand the nature of telecommunications and internet services — that the instructions you send may not be properly received by fuly.ai. Furthermore, instructions transmitted through telecommunications and internet services may be read or learned of by unauthorized persons. You hereby agree to bear the risks of misunderstanding and error in such transmissions, and to the extent permitted by law, fuly.ai and its affiliates shall not be liable for any losses, liabilities, or damages caused by such misunderstandings or errors.
Whether you are suitable for trading digital assets depends on your personal financial situation and risk tolerance. By using the Services and the Website, you indicate that you have fully understood the relevant risks and all matters to be noted and considered, and you waive any and all rights to claim against fuly.ai and its affiliates for losses or damages arising from trading digital assets.
6.Ownership; License; License Restrictions
(1)You understand and agree that, within the scope of compliance with this Agreement, fuly.ai grants you a limited, non-transferable, and non-exclusive right to access and use the Services, Website Content, and Website for your personal, non-commercial purposes. fuly.ai retains all rights, title, and interest, and related intellectual property rights (including but not limited to all patents, designs, copyrights, trademarks, and trade secrets), in the Services, Website Content, and Website, subject to the license granted under this Section 7. You understand and agree that fuly.ai may, based on operating costs, market conditions, transaction security, or in response to government requests, set or adjust minimum or maximum usage thresholds for various services and charge related transaction fees.
(2)Information related to the Website and Website Content may not be complete, accurate, or current, and may contain technical inaccuracies or typographical or clerical errors. Before relying on the Website and its content, you should independently verify the accuracy of all information, and any decisions you make based on the Website information are made at your own risk; fuly.ai assumes no responsibility. You understand and agree that fuly.ai is not responsible for any information, content, or services provided by third-party data or websites.
(3)Except as otherwise specifically permitted by this Agreement, you may not:
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Copy, plagiarize, develop, or reproduce the Services, the Website, or Website Content, including but not limited to: models, designs, interfaces, appearance, and configuration;
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Create any derivative works of the Services, the Website, or Website Content, including but not limited to models, designs, interfaces, appearance, and configuration;
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Reverse engineer, decompile, or disassemble any part of the Services and the Website, or attempt to obtain its source code;
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Distribute malware, code, viruses, or worms, or otherwise damage or disable the Services and the Website;
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Distribute, transfer, sell, lease, sublicense, or grant your Account to other third parties;
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Copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or otherwise exploit, all or part of the Website Content;
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Remove or alter any trademarks, marks, copyrights, or other proprietary notices, descriptions, symbols, or labels on the Services and the Website;
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Use, access, or tamper with non-public areas of the Services and the Website, fuly.ai's computer systems, or fuly.ai's providers' technical delivery systems;
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Probe, scan, or test the vulnerability or weaknesses of fuly.ai's systems or networks, or violate, breach, or circumvent any security or authentication measures;
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Access or search the Services and the Website, or download Services and Website content (whether automated or not), other than through the existing available interfaces provided by fuly.ai (and only in accordance with their terms and conditions) or other generally available third-party web browsers;
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Forge [TCP/IP] packet headers or any portion of header information in emails or postings, or in any way use the Services and the Website to send altered, false, or misleading source identifying information;
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Avoid, bypass, remove, deactivate, impair, decode, or otherwise circumvent any technical measures used by fuly.ai, its providers, or other third parties (including other users) to protect the Services, the Website, or Website Content; or
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Actually or attempt to interfere with or disrupt the operation of the Services/Website, other users' access, the host, or network operations, or interfere with or impose an undue burden on the Services and the Website in any way.
(4)In your use of the Services and the Website, and your interactions with other users and third parties, you agree and represent that you will not engage in the conduct or activities described in Sections 7.3 and 8.1 of this Agreement (collectively, "Prohibited Activities"). fuly.ai has the right to monitor, review, retain, and/or disclose any information at any time to satisfy any applicable laws, sanctions programs, legal processes, or government requests.
(5)To the extent permitted by law, fuly.ai reserves the right at any time, for any reason, to immediately cancel and/or suspend your Account and/or block transactions or freeze assets, including but not limited to if fuly.ai determines in its sole discretion that your Account is involved in Prohibited Activities or suspected of violating this Agreement and any anti-fraud, anti-money-laundering, or anti-terrorism policies. To the extent permitted by law, no prior notice will be given of Account or Service termination. Without fuly.ai's prior written consent, you may not create additional accounts on the Platform.
7.User Conduct Code
(1)You agree not to use the Services and the Website for any of the following purposes:
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To upload, post, transmit, distribute, or otherwise make available any content that is illegal, offensive, threatening, insulting, harassing, pornographic, infringing, defamatory, vulgar, obscene, libelous, invasive of others' privacy, hateful, racially or ethnically discriminatory, or otherwise objectionable;
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To incite discrimination, racism, hatred, harassment, or harm against any individual or group;
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To impersonate a third party or misrepresent your relationship with other third parties through false statements or otherwise;
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To upload, post, transmit, distribute, or otherwise make available content you do not have the right to make public under law, contract, or fiduciary relationship — for example, internal information or proprietary and confidential information obtained or disclosed under an employment relationship or non-disclosure agreement;
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To upload, post, transmit, distribute, or otherwise make available content that infringes any third party's patents, trademarks, trade secrets, copyrights, or other proprietary rights;
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To upload, post, transmit, distribute, or otherwise make available unsolicited or unauthorized advertising, marketing materials, spam, pyramid schemes, or other forms of solicitation;
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To upload, post, transmit, distribute, or otherwise make available any data containing software viruses, malware, programs, worms, or similar computer code, files, or programs to interfere with, disrupt, or limit the functionality of computer software, hardware, or telecommunications equipment;
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Where applicable, to fail to comply with, violate, or disregard the conduct codes, requirements, procedures, policies, or rules of the Services and the Website;
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To intentionally or unintentionally violate or incite violation of any applicable local, state, national, or international laws;
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To incite, encourage, or participate in acts of terrorist violence or provide related funding;
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To stalk or otherwise harass other users of the Services and the Website;
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To collect or store personal data of other users of the Services and the Website without prior express consent or permission; and
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To encourage, cause, or assist any third party to engage in the foregoing.
(2)You understand and agree that, if required by applicable law, fuly.ai has the right to access, retain, or disclose your fuly.ai Account information and Website Content, or where fuly.ai believes in good faith that such access, retention, or disclosure is reasonably necessary to:
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Comply with legal processes;
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Enforce or administer this Agreement or other agreements between you and us, including but not limited to investigating suspected violations of these Terms of Use, the Privacy Policy, or the Cookie Policy, or suspected involvement in Prohibited Activities;
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Comply with requests from law enforcement, tax authorities, or other government agencies;
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Respond to your customer service requests;
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Detect, prevent, or otherwise address fraud, security, or technical issues;
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Protect the rights, property, and personal safety of fuly.ai, the users of the Services and the Website, and the public.
8.Links to Other Websites
(1)The Website may contain links to websites controlled or provided by third parties (other than fuly.ai and its affiliates). Such links are provided solely for convenience and do not indicate that fuly.ai endorses or recommends the products, services, or information of such third-party websites. fuly.ai disclaims any responsibility for the various information, data, products, or services published, provided, or made available on the third-party websites linked from the Website. fuly.ai is also not responsible for the content or privacy practices of such third-party websites. You understand and agree that you bear sole responsibility and all risk for your use of such websites or resources. By using the Services and the Website, you expressly agree that fuly.ai shall bear no responsibility for any and all liability arising from your use of any third-party website or online resource. Accordingly, when leaving the Services and the Website, you should be clearly aware of and read in advance the relevant terms of any such linked websites.
(2)Because fuly.ai does not support transactions arising from smart contracts, you understand that you bear sole responsibility and all risk for your use of smart contracts, and you expressly agree that fuly.ai shall not be liable for any responsibility arising from your use of smart contracts.
9.Disclaimers and Liability
Bitfinex margin funding services are peer-to-peer margin funding platforms provided by the Bitfinex cryptocurrency exchange, helping match borrowers and lenders to establish lending relationships (which constitute private lending), and providing related collateral and settlement mechanisms. You bear sole responsibility and all risk for your use of Bitfinex; fuly.ai shall not be liable in any way.
Bitfinex margin funding interest rates are determined by lending supply and demand on its platform, are not fixed rates, and are not guaranteed rates. Bitfinex clearly warns lenders on its platform of potential investment losses; this is not a principal-protected investment service.
fuly.ai is a third-party plug-in service for Bitfinex's peer-to-peer margin funding platform, intended to provide automatic order placement and order strategy services for Bitfinex funding lenders. It only has order-placement permissions and charges service fees. fuly.ai is not an official partner of Bitfinex and does not handle user funds. Users may evaluate, at their own discretion, whether to use or terminate the services provided by fuly.ai.
Investment risks arising from the cryptocurrency market or the Bitfinex exchange are unrelated to fuly.ai, and fuly.ai has no obligation to bear risks arising from users' lending activities on Bitfinex.
(1)The Services, the Website, and the content provided under this Agreement may contain unidentified issues. To the maximum extent permitted by law, the Services, the Website, and related content are provided "as is" without any form of warranty or representation. You should carry out necessary verification and exercise your own judgment when using the Services, the Website, and content with caution. You should not rely on information obtained through fuly.ai to make personal, legal, or financial decisions. To the maximum extent permitted by law, fuly.ai does not warrant continuous availability of the Services, the Website, and content, including but not limited to any specific feature for any specific period, and fuly.ai may periodically or aperiodically change, improve, or update the Services, the Website, and content without further notice. To the maximum extent permitted by law, fuly.ai disclaims responsibility for any errors or omissions in Website Content; you bear all responsibility and risk for accessing, linking to, and using the Website and its content. To the maximum extent permitted by law, fuly.ai is not responsible for timeliness, deletion, improper delivery, or failure to store any user messages or personalized settings.
(2)You understand and agree that, to the maximum extent permitted by law, even if fuly.ai has been advised of the possibility of any damages or losses, fuly.ai and its officers, directors, employees, agents, or any persons or companies responsible for the production, manufacture, or delivery of the Services, the Website, or content (collectively, "fuly.ai and its Related Persons") shall have no liability to you or any other person related to the Services, including all indirect, incidental, special, consequential, or punitive damages, or loss of data, opportunity, reputation, profits, or revenue (e.g., any losses arising from or related to technical issues with the application, the Platform, or the Services).
10.Indemnification
You agree, to the extent permitted by applicable law, to defend, indemnify, and hold harmless fuly.ai, its parent, officers, directors, employees, and agents from any claims/demands, liabilities, damages, losses, and costs (including but not limited to reasonable legal and accounting fees) arising from: (a) your violation of any law, regulation, or this Agreement; (b) your use or misuse of the Services and the Platform; (c) any dispute with fuly.ai or other users of the Website; (d) your violation of any third-party rights, including but not limited to intellectual property rights, confidential information, or privacy rights. The foregoing defense and indemnification obligations shall survive termination or expiration of this Agreement, or after you cease to use the Services and the Website.
11.Subscription and Cancellation Policy
1. Free Trial Period: fuly.ai offers a 7-day free trial for new users. During this period, you can fully experience our service features.
2. Subscription Confirmation: After the free trial ends, your subscription will automatically convert to a paid subscription, and the corresponding fee will be charged to your payment method.
3. Cancellation: You may cancel your subscription at any time during the free trial period without incurring any charges. Once the free trial ends and the subscription becomes paid, you may cancel at any time, but already-paid subscription fees will not be refunded, and you may continue to use fuly.ai's services until the end of the current billing cycle.
4. Refund Policy: Because we provide a 7-day free trial, once a paid subscription is confirmed, fees already paid will not be refunded. Please make full use of the free trial before subscribing to ensure fuly.ai meets your needs.
5. Service Changes: fuly.ai reserves the right to modify or terminate the Services at any time. We will provide advance notice of any material changes.
6. User Responsibility: You are responsible for confirming, before subscribing, that fuly.ai's services meet your needs, and for evaluating during the free trial period.
Please note that under Article 19 of Taiwan's Consumer Protection Act, consumers in distance transactions are entitled to a 7-day cooling-off period. However, under Article 2(5) of the "Regulations Governing Reasonable Exceptions to Consumers' Right of Rescission in Distance Trading", digital content not delivered through tangible media or online services completed upon delivery, when provided with the consumer's prior consent, are not subject to the cooling-off rule. Therefore, by continuing to use fuly.ai's services after the free trial ends, you agree to waive this right.
Please be sure to read and understand the foregoing terms carefully before subscribing. If you have any questions, please contact the fuly.ai customer support team.
12.General Provisions
(1)No Class Action Rights
To the extent permitted by applicable law, you and fuly.ai may bring claims against each other only on an individual basis, and not as a plaintiff or member in any class, representative, consolidated, or multi-plaintiff proceeding. To the extent permitted by applicable law, both you and fuly.ai waive the right to a jury trial.
(2)Amendments
To the extent permitted by applicable law, fuly.ai reserves the right at its sole discretion to modify, suspend, or terminate the Services and the Website, or to revise this Agreement, at any time without prior notice. If any revision materially limits your rights, we will notify you (e.g., by posting a notice on this page). If you continue to use or access the Services after any such revision takes effect, you agree to be bound by the revised Agreement.
(3)Entire Agreement
This Agreement constitutes the entire agreement between you and fuly.ai governing your use of the Services and the Website, and fully supersedes any prior or contemporaneous oral or written understandings between you and fuly.ai.
(4)Assignment
Except as otherwise provided in this Agreement, you may not assign any rights or obligations under this Agreement, and any attempted assignment is void. fuly.ai may, in its sole discretion, assign or transfer its rights or obligations under this Agreement to any of its affiliates, subsidiaries, or any successor in business related to the Services. Subject to the foregoing, this Agreement binds the parties, their successors, and permitted assigns.
(5)Waiver and Severability
fuly.ai's failure to enforce any provision of this Agreement does not constitute a waiver of that provision. If any one or more provisions of this Agreement are determined for any reason to be invalid or unenforceable in whole or in part, the remaining provisions or the remainder of the invalid provision shall continue in full force and effect.
(6)Change of Control
In the event fuly.ai is acquired by or merged with a third party, fuly.ai may, in any case, transfer or assign the information we have collected from you as part of the merger, acquisition, sale, or any other change of control.
(7)Survival of Provisions
All representations, warranties, covenants, and agreements that by their nature should survive termination or expiration of this Agreement, including but not limited to provisions relating to termination or suspension of use, shall continue in effect after this Agreement is terminated or expires.
(8)Force Majeure
fuly.ai shall have no obligation to perform the Services to the extent it is unable to do so due to acts of God, government action, terrorists, civil unrest, war, strikes or other labor disputes, natural disasters, unsatisfactory service of internet service providers, equipment and/or software failures, significant fluctuations in the value of supported digital assets, or any other cause beyond fuly.ai's reasonable control (whether or not similar in nature to the foregoing).
13.Contact fuly.ai
If you have questions about this Agreement (including these Terms of Use), please contact fuly.ai: [email protected]