Efective date: August 23 , 2023
Suniwallet, Corp, a company duly incorporated under the law of the Republic of Panama under folio 155729130 and tax ID 155729130-2-2022 DV 30, registered on October 27, 2022, and authorized under Note SBP-2023-08001 by the Superintendence of Banks of Panama and/or its affiliates and/or its affiliates (“SW”, “we”, “our” or “us”) provide its software services through its website www.suniwallet.com and/or through the Suni Wallet mobile application available for mobile devices with iOS and Android operating systems (collectively the “Services” or “Suni Wallet”). We request that before using our Services, carefully read these Terms of Use (the “Terms”), along with our Privacy Policy, as well as, any other policies or notices that appear on our website or mobile application.
By accessing or using our Services, you expressly acknowledge that (i) you have read and understood these Terms; (ii) you agree to be bound by these Terms; and (iii) you are legally capable of entering into any kind of agreement and are therefore capable of agreeing to these Terms. If you do not agree to be bound by these Terms or any updates or amendments to these Terms, you may not access or use our Services.
WE DO NOT PROVIDE FINANCIAL OR INVESTMENT ADVICE, NOR FINANCIAL CONSULTING SERVICES. WE ARE ONLY PROVIDERS OF WALLETS OR SERVICES RELATED TO CRYPTOCURRENCY ACTIVITIES, AS WELL AS P2P SERVICES INHERENT OR RELATED TO SERVICES RELATED TO CRYPTOCURRENCIES, CONSEQUENTLY, IN NO CASE DO WE ADVISE OR MAKE RECOMMENDATIONS ON THE REALIZATION OF TRANSACTIONS OR OPERATIONS WITH DIGITAL ASSETS OR CRYPTOASSETS OF ANY KIND. THERE IS NO SPECIFIC REGULATION REGARDING THE MATTER IN PANAMA AND THE DECISION TO ENGAGE IN TRANSACTIONS OR OPERATIONS WITH CRYPTOASSETS IS MADE AT YOUR OWN RISK.
We reserve the right to update or amend these Terms at any time in our sole discretion and without prior notice. The updated Terms will be posted on our website, on our mobile application or through other methods of communication we deem reasonable.
The updated Terms will be deemed effective immediately upon the date of posting, unless otherwise stated. We encourage you to periodically review these Terms to be informed of such amendments and to decide whether to accept the updated version of these Terms.
Your continued use of our Services after these Terms have been amended shall be deemed acceptance of the updated Terms. If you do not agree to the Terms or any updates or modifications, you must stop accessing or using our Services.
As a user, you expressly acknowledge and agree that at our sole discretion we may change or discontinue all or part of our Services, at any time and without notice.
To use our Services you as a user: (a) must be at least eighteen (18) years of age and/or of legal age and therefore legally able to accept these Terms (ii) must not be subject to the application of international economic sanctions such as but not limited to the United Nations Security Council Consolidated List, the OFAC list of Specially Designated Nationals and Blocked Persons (SDN List) and generally any other similar list maintained by any other relevant sanctioning authority.
In the event that the use of our Services is made on behalf of any corporation, entity, partnership, association or legal entity for commercial purposes, you expressly represent and warrant further that (a) the entity or legal entity is duly organized and validly existing under the applicable laws of the relevant jurisdiction; and (b) you are duly authorized by such legal entity to act on its behalf and in its stead.
It is understood that users may only use the Services to the extent permitted by the laws of the applicable jurisdiction. Please note that you may not use the Services if you are located in, or are a citizen or resident of, any jurisdiction in which the use of the Services is illegal, unlawful or in violation of any applicable law.
As a Suni Wallet user, you expressly represent and agree that you will use our Services with legally obtained funds, which are rightfully yours and are derived from lawful activities. By using our Services, you expressly represent and warrant that you meet all eligibility requirements of these Terms.
We reserve the right in our sole discretion to limit the use of the Services and accordingly may deny access to or use of the Suni Wallet platform to certain users. We also reserve the right to change our eligibility criteria at any time and without prior notice from us.
In order to use our Services it is required to create a user account on the Suni Wallet platform, through the mobile application. Once your user account is created, providing the required data, and introducing the corresponding password, your account will be associated to the email address provided, which in turn will be the corresponding user to enter into the platform. Additionally, for the use of certain functionalities of the Suni Wallet platform or the handling of certain amounts of cryptocurrencies, verification of the user identity or the provision of additional information may be required under the conditions detailed in the corresponding Privacy Policy.
As a user of our Services, you agree to immediately report us of any unauthorized use of your password or any other breach of security of your account. Without limiting the foregoing, you acknowledge and agree that you assume all risks associated with the use of the Services and are solely liable for maintaining the confidentiality and security of your password.
When you create an account, you are encouraged to take precautions to prevent loss of access to and/or control over your account. We recommend that you (i) create a unique and secure password and use any other authentication method we make available to you; (ii) store your private key in a secure location; (iii) limit access to your devices and account; (iv) take all necessary precautions against viruses, malware or harmful files on your devices and networks; and (v) report us if you discover or suspect any breach related to your account.
YOU UNDERSTAND THAT IN NO EVENT SHALL WE HAVE ANY LIABILITY WHATSOEVER IN CONNECTION WITH ANY ACTIVITIES THAT OCCUR ON OR THROUGH YOUR ACCOUNT WITH OR WITHOUT YOUR AUTHORIZATION.
You may not use the Services or create an account on behalf of anyone other than yourself. You may not sell, borrow, share or make available your account or any details necessary to access your account to anyone other than yourself.
By signing up on the Platform and using the Services, you expressly represent and warrant that any information you provide is accurate and complete. You agree and acknowledge that we are not and shall not be liable for any mistakes or omissions you make in connection with any transaction made in connection with the Services.
As user, you are responsible of verifying and validating the details of your transaction prior to transferring any assets.
Suni Wallet offers the functionality of wallet software for digital assets (“Cryptoassets” or “Cryptocurrencies”), among other functionalities, among other functionalities, whereby you are the main responsible and who controls the Cryptoassets and manages your passwords, addresses and transactions, which may be carried out from your account as a registered user.
By accepting these Terms, you expressly acknowledge and agree that, as Suni Wallet is a software that functions as a cryptocurrency wallet, you are solely responsible for your activity and any risk of loss relating to your transactions on the platform.
In addition to the wallet function mentioned above, the Suni Wallet platform offers the following functionalities, which will be further developed in these Terms:
All transactions involving Cryptoassets, in order to be completed, must be verified and recorded in the blockchain associated with the respective Cryptoasset. Such networks may be decentralized, P2P networks supported by independent third parties, it is important to note that we do not own, control or operate the entire blockchain network. We do not have full control over the blockchain networks and therefore cannot and do not guarantee that the details of transactions you submit through our Services to third parties will be verified and processed with the same speed as in the case where both users have a Suni Wallet and such transactions are made through the LN network corresponding to the second layer of the Bitcoin blockchain. SW can only operate and participate directly in the transactions made by users of the Suni Wallet platform in the corresponding nodes of the LN network of SW and until these are not transmitted through the blockchain network or blockchain. Once outside the LN network corresponding to the nodes controlled by SW, SW does not have any type of control activity over the corresponding Cryptoassets.
By using our Services, you acknowledge and agree that (i) we do not have the ability to cancel or otherwise modify your transaction; (ii) the details of the transaction you submit may not be completed, or may be substantially delayed, by the applicable blockchain networks especially when effected with users outside our platform and not using SW’s LN network; (iii) we do not store, send or receive the Cryptoassets as are part of the blockchain or blockchain, we can only operate and control the corresponding transactions between our users on the LN network and nodes operated by SW; (iv) any transactions occurring involving Cryptoassets with third parties who are not users of the Services, occur on the relevant network, blockchain or blockchain and not on a network owned by us or on the LN network or node operated by SW and, therefore, we do not guarantee the transfer of title or right to any Cryptoassets, in any event.
Upon registration in Suni Wallet, will be assigned to your user a wallet address or wallet identification number, which is personal and non-transferable. This address is required when making transactions and using the Services. Likewise, in order to enter the Suni Wallet platform, you must have your password or personal key related to our platform.
As user, you are solely responsible for the safekeeping and security of your personal password and any other data associated with your Suni Wallet account or registration.
You must keep your username, the wallet ID assigned to you, your personal password and other relevant information securely. In case you forget your password related to your Suni Wallet user account, you can contact us through the mechanisms provided by the platform.
WE ARE NOT AND CANNOT BE LIABLE FOR ANY ACCESS TO YOUR ACCOUNT BY UNAUTHORIZED THIRD PARTIES WHO HAVE ACCESSED YOUR SUNI WALLET USER PROFILE, AND ACCORDINGLY, WE ARE NOT LIABLE FOR ANY TRANSACTIONS MADE BY SUCH UNAUTHORIZED THIRD PARTIES, NOR ARE WE LIABLE FOR ANY LOSSES YOU MAY SUFFER, IN ANY EVENT.
As a user of the Services, you expressly agree not to violate any law, regulation or any other regulatory act of a sub-legal nature, whether supranational, regional, national, federal, state or municipal. Likewise, you agree not to carry out actions that attempt to prevent, interrupt or negatively affect the operation of the Suni Wallet platform or in general actions to prevent other users from using it.
You also agree not to distribute any viruses or other harmful computer code through Suni Wallet or take any action that may overload our IT infrastructure or that of any of our third party providers and not to reverse engineer or circumvent any measures to restrict access to the Services.
Furthermore, in no event shall the Services be used to pay for, finance or participate in any illegal or unlawful activities including, but not limited to, the illegal or prohibited trade in any goods or substances, the financing of terrorism, human trafficking, money laundering or any kind of fraudulent activity. In addition, you expressly agree not to encourage or induce any third party to engage in any of the foregoing prohibited activities.
It is expressly forbidden to usurp the identity of any person, as well as to access third party accounts without their authorization or permission.
Any use of the Services contrary to these Terms in contravention of these Terms is strictly prohibited and we shall have the right to terminate your license to use the Services immediately without prior notice.
The fees applicable to the Services inherent to the wallet or purse functionality or to any component thereof shall be set forth on the corresponding web page and/or in the Suni Wallet application.
There may be transaction fees (such as, for example, gas fees) associated with your transactions in Cryptoassets that are required by the blockchain network or blockchain on which the relevant transaction takes place. You are solely responsible for the payment of such fees, thus you must ensure that you have a sufficient balance in the relevant Cryptoassets to complete the transactions prior to initiating the transaction. You expressly acknowledge and agree that we shall not be liable for any failed transactions or losses incurred by you due to the relevant transaction fees or due to insufficient funds or gas fees in your wallet or purse. You further acknowledge and agree that we do not have access to your or any other person’s transactions.
P2P loans are operations through which users of the Suni Wallet platform can match the intention of the “borrower” user to receive a certain amount of Cryptocurrencies (“Borrower”) from the “lender” user who intends to lend that specific amount of Cryptocurrencies in exchange for its return, along with applicable interest (‘Lender’), based on the corresponding rate specified by the Lender and shown to both parties at the time of concluding the respective transaction. Users of the Suni Wallet platform conduct their loans privately. As stated above, Suni Wallet is a platform and not a direct lender. Lending of any kind carries risks and may not be suitable for your needs, so you should take appropriate precautions.
SW OFFERS ITS USERS THE TECHNOLOGICAL MEANS SO THAT THEY CAN CARRY OUT THE TRANSACTIONS INHERENT TO THE CRYPTOCURRENCY LENDING ACTIVITY, SW IN NO CASE GUARANTEES, SUPPORTS, CONSTRAINS OR IS LIABLE FOR THE ACTIVITIES CARRIED OUT AMONG THE USERS AND IN NO CASE CAN SUPPORT AND/OR KNOW THE SOURCE OF THE FUNDS USED TO CARRY OUT SUCH TRANSACTIONS NOR CAN IT ENSURE OR GUARANTEE THE CORRESPONDING REFUND OF THE CRYPTOCURRENCIES OFFERED AS A LOAN AND/OR THE CORRESPONDING INTEREST.
SW does not provide technical, legal, financial and/or tax advice. Consult your trusted specialist in case of doubts. All loans are issued under private agreements between users. As a user, you must review the representations and warranties by the other user on the Suni Wallet platform.
By engaging in P2P cryptocurrency lending activities, users knowingly assume all risks inherent in such activities that include, but are not limited to:
Therefore, by using the Suni Wallet platform and specifically the services related to P2P lending, as user, you expressly represent and agree to have carefully considered and made the corresponding value judgment to assess your financial status and the relevant risks in order to make the decisions for the use of the services set forth in this section. Consequently, you will be responsible for all losses you may suffer in the use of the aforementioned P2P lending services.
For the use of the P2P lending services, the user expressly asserts that he/she is a natural or legal person with full legal capacity in his/her respective domicile; additionally he/she is at least 18 years of age; has full legal capacity (as defined in his/her jurisdiction) to enter into an agreement with binding effects; the user is not subject to US and/or EU sanctions; and accepts without reservation the risk of volatility of Cryptocurrencies.
Thanks to the functionalities of the Suni Wallet platform, it is possible to generate a “score” related to the user’s reputation in the use of the services offered by the platform and regulated in this section. Such rating or internal score is established through tools provided by third party services which are specifically dedicated to the provision of such ratings or scores, based on the user’s credit activity, as well as an internal rating or score which is resultant from the user’s actions on the platform.
After each transaction, the user will be given a rating or score, which allows for the evaluation of their performance on the platform and their payment capacity or responsibility in fulfilling their obligations.
These ratings are used to define the user’s reputation. The user’s reputation is an indicator that shows other users and SW how honestly and responsibly this particular user behaved during the course of his previous transactions and his credit record in accordance with the relevant platform’s Privacy Policy.
In order to reduce the probability of fraud, SW may introduce limitations of loans and borrowings (e.g. number of simultaneous active offers without being concluded, etc.). Information on these limitations will be published on the Suni Wallet platform. SW has the right to amend at any time the limits for one user, without amending the limitations for all other users, and to amend the limits for all users of the Suni Wallet platform.
Once the user’s account has been registered and his information verified, the user will be able to start lending and receiving loans to other users of the Suni Wallet platform.
Loan offers or proposals are user announcements to borrow Cryptocurrencies, published in the corresponding sections of the Suni Wallet platform. As user, you can create a new proposal to announce your intention to borrow Cryptocurrencies.
In the process of creating the offer, the Borrower shall specifically indicate the amount it wishes to receive as a loan and the term in which it is willing to repay such amount together with the corresponding interest, and once the offer or announcement is published by the Borrower, the Lender shall indicate the interest rate it wishes to receive for carrying out such operation; in this case, if the Borrower agrees with the conditions indicated by the Lender, the corresponding Loan Agreement shall be executed by telematics means, which shall include the loan conditions determined by the parties. The Loan Conditions will only contain true and accurate information. Suni Wallet reserves the right to unilaterally amend the list of terms to be defined within the process of creation of the offer.
“Loan Conditions” shall mean those conditions of the potential loan specified by the Borrower in the process of creating its loan request. The Loan Conditions include the amount of Cryptocurrency to be borrowed, the term, the interest rate, as well as other conditions that SW deems relevant to include. SW may, at any time, unilaterally modify the list of mandatory rules and conditions to be defined in the Loan Conditions. With the acceptance of any offer, the Loan Agreement with the Lender is deemed to have been entered into, and in this case, the Loan Conditions specified within the offer creation process become the binding ones in the Loan Agreement.
“Loan Agreement” means the agreement between two users of the Suni Wallet platform, which has as its object the loan of Cryptocurrencies concluded between the Lender and the Borrower. The Loan Conditions specified in the respective offer creation process become binding between the parties and are considered as part of the terms of the Loan Agreement.
The Borrower and the Lender respectively may withdraw published offers and corresponding counter-offers, at any time prior to their acceptance and prior to the expiration of the term established for acceptance.
The posting of a loan request is deemed an express manifestation of your willingness to enter into a Loan Agreement with any other user of the platform. Unless the offer is withdrawn, the user is deemed to have the intention and willingness to enter into a Cryptocurrency Loan Agreement with any other user of the platform who accepts such offer pursuant to the Loan Conditions agreed upon at the time of creation of the offer.
With the reciprocal acceptance of the Borrower’s and the Lender’s conditions, it is understood that the parties have agreed and accepted all the respective Loan Conditions and a Loan Agreement has been concluded. In this case, the respective Loan Conditions shall constitute the rules of the loan agreement entered into by the parties.
Pursuant to the relevant Loan Agreement, the Borrower wishes to borrow a certain amount of Cryptocurrencies and the Lender undertakes to provide it, and the Borrower undertakes to repay such amount plus the agreed interest.
The Loan Agreement is considered fully executed and all mutual obligations of both parties are considered fulfilled when the borrower has repaid the loan, paid the interest and the corresponding fees have been settled.
SW reserves the right to terminate any Loan Agreement at its sole discretion. The termination of the agreement shall be executed through the process of forced termination of the agreement initiated by SW. In the event that SW has reason to believe that the agreement should be terminated immediately, both parties shall cooperate in the agreement termination process. In no event shall SW assume any liability for losses and damages associated with such termination.
SW is entitled to charge a commission to its users for each Loan Agreement concluded using the Suni Wallet platform. The commissions charged by SW will be deducted from the total amount of cryptocurrencies subject to each transaction or added to the total amount of the transaction, as determined on the platform.
The fees charged by SW and their calculation will be announced on the Suni Wallet platform to the users prior to the execution of the Loan Agreement, it is understood that with the acceptance and execution of the Loan Agreement, the fees notified in due time for the use of the Suni Wallet platform are accepted.
The Cryptocurrency purchase and sale P2P service (“Buy/Sell Service”) is an online trading service for the purchase and sale of Cryptocurrencies between users of the Suni Wallet platform. SW does not become a party to any operation or transaction made by its users, who may be individuals or legal entities. Thus, as a user you affirm that you have the right, power, capacity and authority to legally accept and subscribe to these Terms, as well as any other agreement or contract derived from the use of the Suni Wallet platform.
To use our Buy/Sell Services, the duly registered user must provide the required information in order to be able to access the functionalities present in this section, in accordance with the corresponding Privacy Policy. Your account will only be enabled for use of the Buy/Sell Services once you have provided us with all the information necessary for registration and it has been reviewed pursuant to the applicable legal requirements.
As a user, it is possible to publish one or more offers on the Suni Wallet platform when you wish to buy or sell Cryptocurrencies. SW has the power to restrict the number of offers for security reasons and when there is suspicion or indications of malicious behavior or fraudulent activity.
Cryptocurrency transactions, for the purchase or sale of Cryptocurrencies, will be initiated by responding to a transaction request to offers created by other users. With the request, it is understood that the user makes a legally binding offer and agrees to be bound by the terms and conditions of the operation (such as rate, amount of Cryptocurrencies and payment terms) determined by the other user to whom the request is sent.
When selling or buying Cryptocurrencies, it is the responsibility of the user to verify that payment has been received in full, that payment has not been made by a third party to the transaction without the authorization of such party, and that payment has been made in accordance with the instructions given to the buyer. Once a transaction has been executed, it shall not be possible to cancel, void, challenge, recover or return the Cryptocurrencies.
The same person or entity holding the account or company account, unless otherwise authorized, must send payments made by buyers. Receiving, making, providing or attempting to receive or make payments to or from third parties is prohibited and is a violation of these Terms unless authorized by the third party.
All communications relevant to the transaction must occur through the platform’s transaction channels, communications on the platform are considered private communications between users, but may be accessed and otherwise processed by SW in accordance with the applicable Privacy Policy.
By entering into a transaction, users acknowledge and accept the risks associated with P2P transactions, which include, among others:
In addition, users have or assume that they have sufficient knowledge and experience in Cryptocurrency transactions, as well as the ability to assume the risks associated with P2P transactions. SW ASSUMES NO LIABILITY AND THE USER AGREES TO INDEPENDENTLY ASSUME ALL RISKS THAT MAY ARISE FROM PARTICIPATING IN SUCH TRANSACTIONS.
SW DOES NOT PARTICIPATE IN ANY P2P TRANSACTIONS. THEREFORE, ANY DISPUTES BETWEEN USERS INVOLVED IN P2P TRANSACTIONS ARE UNRELATED TO SW. WE HAVE NO OBLIGATION TO RESOLVE SUCH DISPUTES OR TO ASSUME ANY FINANCIAL OR NON- FINANCIAL COMMITMENTS OR LIABILITIES WITH RESPECT TO THE PARTIES INVOLVED, SUCH AS THE PAYMENT OF COMPENSATION.
The payment methods in Suni Wallet are presented as options for transactions between users. SW does not establish any business relationship with the payment method indicated in P2P transactions.
Users can create announcements of Cryptocurrency buy/sell offers (“Announcement” or “Announcements”) to indicate that he/she wants to buy or sell Cryptocurrencies. Other users can send requests from the Announcements that have been created. When a trade request is submitted, a Cryptocurrency transaction is automatically initiated. Additionally, Announcements to buy or sell against cash are not allowed.
The information and payment details provided by users in the Advertisements and transactions must be correct and up to date at all times. Inconveniences or disputes that arise may be decided against the user who included outdated payment details. Refusal to complete trades or to provide payment details for trades opened from your advertisements is considered a violation of these Terms.
The price of the Cryptocurrency established in the details of the Announcement all the information of interest required for the successful completion of the transaction. Once the transaction is initiated, the price is locked and cannot be changed or details added without the consent of both parties to the transaction.
When the parties are in disagreement, either party may use the dispute resolution mechanisms that SW makes available to initiate a mediation process. Disputed transactions are reviewed and disputes are mediated by SW.
SW is not a guarantor of the performance of transactions by any party. Therefore, although SW assists in the resolution of disputes, you assume the risk that any party with whom you trade will not perform as agreed with the counterparty. By using the Buy/Sell Service, you release SW from any liability arising out of or related to the counterparty’s failure to perform.
As previously indicated, SW is not in a position to resolve or guarantee the resolution of controversies or disputes between the parties, beyond the mediation it may exercise.
Some signs that may indicate to SW that the Cryptocurrency buyer has complied are:
Some signs that may indicate to SW that the cryptocurrency seller has fulfilled its obligations:
Both parties are obliged to provide real, reliable and complete evidence and documents confirming their compliance. IT IS UNDERSTOOD THAT IN NO EVENT SHALL SW BE LIABLE FOR ENFORCEMENT BY THE DEFAULTING USER AND DOES NOT HAVE ANY COERCIVE MEASURES BEYOND SUSPENSION AND RESTRICTION OF ACCESS TO AND USE OF THE SUNI WALLET PLATFORM.
The user acknowledges and agrees that, regarding dispute resolution, SW assumes no responsibility for the outcome of the dispute, and in any case, its liability concerning dispute resolution is limited to the amount of the commission for the Buy/Sell Service that the user is obligated to pay or to a maximum amount of one hundred United States dollars (USD 100.00).
As a user, you agree to pay fees and charges for the use of the Buy/Sell Service in accordance with the fee schedule available on the Suni Wallet platform. Such fees may include fees for incoming and outgoing transactions and fees based on percentage of completed transactions. Except as otherwise stated, as a user, you agree that fees will be automatically deducted from the wallet balance or deposit on the platform at the time the service or transaction is rendered or completed.
SW reserves the right to change commissions or pricing principles from time to time in accordance with these Terms.
The Suni Wallet platform offers to businesses that sell goods and provide services to the general public (“B2C”) the ability to offer their customers, who are users of the Suni Wallet Platform, the possibility to acquire goods or pay for services through financing, in accordance with the policies of those companies and the terms of the providers, using Cryptocurrencies.
SW ASSUMES NO LIABILITY AND THE USER AND THE RESPECTIVE COUNTERPARTY AGREE TO INDEPENDENTLY UNDERTAKE ALL RISKS THAT MAY ARISE WHEN PARTICIPATING IN THIS TYPE OF TRANSACTION.
SW IS NOT INVOLVED IN ANY B2C TRANSACTIONS. THEREFORE, ANY DISPUTES BETWEEN USERS INVOLVED IN B2C TRANSACTIONS ARE UNRELATED TO SW. WE HAVE NO OBLIGATION TO RESOLVE SUCH DISPUTES OR TO ENTER INTO ANY FINANCIAL OR NON-FINANCIAL COMMITMENTS OR LIABILITIES WITH RESPECT TO THE PARTIES INVOLVED, SUCH AS THE PAYMENT OF COMPENSATION.
The fees to be paid for the use of B2C services will be indicated on the Suni Wallet platform when using the above detailed services.
The User is solely responsible for determining which taxes, fees and other fiscal contributions are applicable to him/her for the holding of his/her Cryptoassets and for the transactions carried out. It is the user’s full responsibility to report and submit the corresponding tax declarations to the competent tax authority.
We are not responsible for identifying the applicable taxes that apply to your transactions or for collecting, reporting, withholding or remitting any taxes arising from any transaction related to your Cryptoassets.
The Suni Wallet platform may contain links that communicate with websites that are owned by third parties not related to us, in these cases, we are not liable in any form for the content presented by them, their accuracy, updating or permanence. In this manner, we will not be directly or indirectly liable or responsible for any kind of direct or indirect damage or harm, that the user may suffer in relation to the information, products or services offered by third parties. The inclusion of these links does not imply the constitution of any type of association, merger or participation with the entities owning the websites to which the link is directed.
We encourage you to read the terms of use present on third party links. In addition, comments expressed or material appearing on such websites are not necessarily shared or endorsed by us or our affiliates or partners.
SW is the owner and/or licensee of the content found on the Suni Wallet platform, including its images, graphic designs, publications, texts, trademarks, logos and all types of data, as well as the source code, design and structure thereof.
The content of this platform is protected by the applicable intellectual and industrial property regulations. Its use, access, consultation or download does not imply the assignment of any type of right in terms of intellectual or industrial property of the material or content.
Unless prior authorization is obtained, the viewing, downloading and/or printing of the contents of the Suni wallet platform for advertising or commercial purposes, or for their distribution, public communication or modification and, in general, in cases in which such acts are incompatible with the purposes of the same, shall not be permitted.
Likewise, the presentation of a page or section of the platform within the framework of another application or web page that does not correspond to the platform, by means of the so-called framing technique or any other similar technique, is prohibited, unless with the express written consent of SW.
With your registration on the Suni Wallet platform and the consequent acceptance, subordination and respect of the present Terms, we grant you a non-exclusive, non-sublicensable and non- transferable “license of use” solely for your personal or internal use of the entity represented by you. Accordingly and in accordance with the related provisions in these Terms, it will not be possible to:
You acknowledge and agree that we have no control over and are not obligated to take any action with respect to (i) failures, interruptions, errors or delays in the processing of Cryptoasset transactions that may exist in connection with the relevant blockchain,(ii) risks inherent in your hardware equipment, software and Internet connections; (iii) risks relating to viruses and malware or any harmful files; (iv) the risk relating to third parties who may gain unauthorized access to your account through acts attributable to you.
YOU EXPRESSLY RELEASE US FROM ALL LIABILITY RELATED TO ANY LOSS, DAMAGE OR CLAIM ARISING FROM: (A) ANY ACT ATTRIBUTABLE TO YOU; (B) SERVER FAILURES OR LOSS OF DATA; (C) UNAUTHORIZED ACCESS TO THE PLATFORM; (D) BUGS OR OTHER ERRORS IN THE SUNI WALLET PLATFORM; AND (E) ANY UNAUTHORIZED ACTIVITY OF THIRD PARTIES.
The contents of this clause shall not apply to those liabilities that cannot be limited by express provisions of the applicable legislation. Access to the Suni Wallet platform, the use that may be made of the Services provided, as well as the information contained therein, is the sole liability of the user. You expressly assume that the access and use of the same are made under your sole and exclusive liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES OR RELATED PARTIES, LICENSORS, SERVICE PROVIDERS, AGENTS, PERSONNEL, EMPLOYEES OR PARTNERS SHALL NOT BE LIABLE IN ANY WAY FOR ANY DAMAGES OR LOSSES THAT MAY ARISE FROM ACCESSING OR USING THE PLATFORM, NOR SHALL WE BE LIABLE FOR ANY ERRORS OR DAMAGES TO YOUR OR ANY THIRD PARTY’S COMPUTER SYSTEM (HARDWARE OR SOFTWARE), STORED DOCUMENTS OR ANY OTHER LOSS, RESULTING FROM THE PRESENCE OF VIRUSES OR MALWARE ON YOUR DEVICE, MALFUNCTION OF THE BROWSER OR USE OF OUTDATED VERSIONS OF OPERATING SYSTEMS.
THE SUNI WALLET PLATFORM, ITS CONTENT AND ANY SERVICES OR FILES OBTAINED THROUGH THE SUNI WALLET PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE” EITHER WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER WE NOR ANYONE ASSOCIATED WITH THE PLATFORM MAKES ANY WARRANTIES WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR AFFILIATES, SUBSIDIARIES OR AFFILIATES WARRANT THAT THE CONTENT OR ANY SERVICE OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED IMMEDIATELY OR THAT THE SERVER OR OTHER EQUIPMENT THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT IT WILL MEET YOUR SUBJECTIVE NEEDS OR EXPECTATIONS AS A USER. AS A USER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF OPPORTUNITY, INABILITY TO USE, DATA OR OTHER INTANGIBLE LOSSES RELATING TO THE USE OF THE PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES OF DIRECT DAMAGES) EXCEED ONE HUNDRED U.S. DOLLARS ($USD 100) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.
You agree to defend, indemnify and hold harmless SW, our affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, proceedings, losses, costs, expenses or fees (including attorneys’ fees) arising out of or related to your violation of these Terms or your misuse of the Services.
Notifications corresponding to updates, reforms, promotions, offers, incorporation of new services, among others, may be sent to users through emails or push notifications, provided they are authorized by you, such functionality may be modified at any time, directly on your device.
The headings of the clauses of these Terms are for illustrative purposes only and have no contractual or legal force.
The failure by us to exercise any of our rights under these Terms shall not constitute and shall not be deemed a waiver of such right. No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If any provision of these Terms is declared invalid or ineffective, in whole or in part, by any judicial or arbitral authority, this shall not imply the invalidity or nullity of the remaining provisions of these Terms, which shall remain in force to the extent possible.
You may not assign your rights or delegate your obligations under these Terms without our consent. However, we may assign or delegate the obligations and other legal effects arising from these Terms without your consent.
These Terms, the Privacy Policy and any subsequent documents arising hereunder constitute the entire agreement between SW and you with respect to the Services, the use of the Suni Wallet platform and generally with respect to the subject matter hereof and supersede all negotiations, representations, statements, undertakings, offers and agreements, written or oral, entered into or exchanged prior to the date of posting or modification hereof.
In the event of termination of your license to use Suni Wallet, your obligations under these Terms will continue in effect until duly executed. Your access to the funds in your wallet will cease once they have been fully refunded to you through transfer to another wallet or account designated by you. If, after one hundred and eighty (180) days from the date when the user was notified of the termination of their license, the user has not transfer these funds, the user will lose their rights to them and agrees that they will become property of SW, who may dispose of them freely at their discretion.
As a user, you have the authority to terminate and/or stop using the Suni Wallet platform. However, the relationship between each user and Suni Wallet will remain in effect until all obligations between all parties involved have been duly fulfilled.
There may be exceptional situations where we may be required to limit, suspend or terminate your access to your account. Limiting your account results in the temporary or permanent loss of access to a specific part or parts of the Services. Suspension of your account means temporary loss of access to most of the Services. Termination results in permanent loss of access to all Services.
As a result of the limitation, suspension or termination, your access and the Cryptocurrencies held in your wallet may be delayed or denied. If transactions are conducted on the wallet addresses associated with your canceled or deleted account after cancellation or deletion, SW has no obligation to return the Cryptocurrencies. However, upon request from the user and/or interested party who initiated the transfer, and with sufficient documentation proving the origin of the Cryptocurrencies and the wallet address from which the transaction was made, SW may proceed with the restitution of the received Cryptocurrencies. If, within one hundred and eighty (180) days following the erroneous receipt of the Cryptocurrencies, the user or interested party has made no effort to provide the aforementioned information or has not done so adequately to SW’s discretion, the user accepts that the Cryptocurrencies become the property of SW.
SW may limit, suspend or terminate a user’s account or access to our Services if:
Any such limitation, suspension or termination will be appropriately indicated to you, but we may, if reasonable to do so, proceed without prior notice. As a user you expressly acknowledge and agree that our decision to limit, suspend or terminate your account may be based on confidential criteria that are essential to our risk management and security protocols, and that we are not obligated to disclose the details of our risk management and security procedures to you.
In case of limitation, suspension or termination of your account, we will lift the suspension as soon as possible after the reasons for the limitation, suspension or termination have ceased.
These Terms, as well as the relationships they regulate, shall be governed by and pursuant to the laws of the Republic of Panama.
In the event of any conflicts, disputes, claims, controversies and/or differences arising out of the use of the Services or these Terms, they shall be finally settled by binding arbitration to be held before the Center for Conciliation and Arbitration of Panama (CeCAP) in accordance to its arbitration and conciliation rules, by one (1) competent arbitrator in the English and Spanish languages who shall decide according to law, with the seat of the arbitration in Panama City, Panama.
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arises, otherwise your claim will be deemed time-barred.
At our sole discretion, with or without notice, and at any time, we may modify or discontinue, temporarily or permanently, any part of our Services. You are solely responsible for storing outside the Suni Wallet platform a backup copy of any wallet address and any other relevant information. We cannot guarantee the continuous operation and availability of access to the platform at all times. In any case, in the event of failures in the Services, actions will be taken as soon as possible to remedy such failures.
As a user, you expressly agree that there may be interruptions, scheduled to improve the performance of the Suni Wallet platform or for similar purposes, or accidental interruptions due to external causes or causes beyond the control of Suni Wallet. We will not be liable for any loss of Cryptoassets in the event that we interrupt all or part of the Services.
We shall not be liable for any delay, failure in performance or interruption of the Service resulting directly or indirectly from any supervening event or circumstance, which is beyond our reasonable control or unforeseeable, or if foreseeable, its effects could not be avoided in whole or in part notwithstanding the exercise of due diligence; including but not limited to: strikes, demonstrations, riots, work stoppages, lockouts and any other labor difficulties, fires, earthquakes, tremors, landslides, floods, hurricanes, storms, other natural phenomena or catastrophes, epidemics, pandemics, wars (declared or not), hostilities, terrorist acts, riots, insurrections, sabotage, blockades, trade blockades, bans, inability or incapacity of foreign suppliers to provide assistance or services, prohibitions, expropriations, acts of government, state or governmental authorities, court judgments, decisions, acts or failure to act by governmental or military authorities, interruption of electrical telecommunications or internet services or network provider services, hardware and/or software equipment failures, smart contract errors or weaknesses, technological changes, changes in interest rates or other monetary conditions, changes in any blockchain or blockchain- related protocols, other catastrophes or any other events beyond our control.
In case of any questions, you can contact us by e-mail at contacto@suniwallet.com or through the mechanisms available on the Suni wallet platform.
