Terms of Service – Fastspot

Thank you for using the Fastspot service and visiting www.fastspot.io (the "Service"). The following terms and conditions of service (these "Terms of Service") apply to visitors of the Site as well as users of its associated interfaces. You should read these Terms of Service carefully to determine which provisions apply to you. By using any of the services, functions, or features offered from time to time (collectively or individually, the "Services"), the user (referred to herein as "you" or "your") agrees to these Terms of Service.

Fastspot provides an interface for decentralized applications that allow users to publish and validate information about digital assets on their respective ledger, including the creation and redemption of hash time locked contracts (HTLCs) as well as to connect users with instances of the Fastspot API service run by third parties. The Fastspot API service instances run by third parties allow users to get a quote for a swap of digital assets for the purpose of conducting an atomic swap of digital assets with the third party using HTLCs and a standardized communication protocol.

These Terms of Service constitute the agreement and understanding with respect to the use of any or all of the Services, and any manner of accessing them. For the avoidance of doubt, these Terms of Service have two parties: you and Inuit International Operations Ltd, a company organized and existing under the laws of the UK (hereinafter “Inuit”). Any and all terms, conditions, licenses, limitations, and obligations contained within and on the Site are incorporated into these Terms by reference, including, without limiting the generality of the foregoing, the following Site policies and pages: the Privacy Policy. In particular, please note that all transactions of digital assets on or off the Site may be subject to fees as shown in the price quote to the user. In the event of any inconsistency between these Terms of Service and any other pages or policies on the Site, these Terms of Service shall prevail.

By using the Fastspot service, you acknowledge that you have read, understand, and completely agree to these Terms of Service in effect from time to time. If you disagree with these Terms of Service or with any subsequent amendments, changes, or updates, you may not use any of the Services; your only recourse in the case of disagreement is to stop using all of the Services.

These Terms of Service may be amended, changed, or updated by Inuit at any time and without prior notice to you. You should check back often to confirm that your copy and understanding of these Terms of Service is current and correct. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms of Service, as modified by such amendments, changes, or updates.

The use of the Service is void where prohibited by applicable law.

1. License to Use the Site: If you comply with these Terms of Service, Inuit grants you the limited right to use the Site and the Services. The right to use the Site and the Services is a non-exclusive, non-transferable, revocable, limited license, and it is subject to the limitations and obligations in these Terms of Service. Nothing in these Terms of Service gives you any license (other than as set out in this paragraph), right, title, or ownership of, in, or to the Site or any of the Services.

2. Risks and Limitation of Liability: Important: This paragraph is in addition to the the Risk Disclosure Statement. Trading markets are volatile and shift quickly in terms of liquidity, market depth, and trading dynamics. You are solely responsible and liable: for any and all trading and non-trading activity on or through the Site and for your wallet on the Site; and, for knowing the true status of any position or contract with any other party on the Site, even if presented incorrectly by the Site at any time. You acknowledge and agree: to be fully responsible and liable for your trading and non-trading actions and inactions on or through the Site and all gains and losses sustained from your use of the Site and any of the Services; to be responsible for any negative balance in your wallet(s) on the Site; to be fully responsible and liable for all of your obligations with respect to any financial activities on the Site; and, to be fully responsible for safeguarding access to, and any information provided through, the Site and any of the Services, including, but not limited to, private keys, public keys, key seeds and address details. There is no guarantee against losses on or through the Site.

3. Wallet: In order to use the Dapp. you have to create your own keystore files, passwords, mnemonic phrases and/or private keys. PLEASE KEEP ALL OF THEM SAFE. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS TO YOUR WALLET. YOUR WALLET IS NOT ACCESSIBLE BY INUIT OR ITS ASSOCIATES, AND INUIT WILL NOT KEEP YOUR KEYSTORE FILES, PASSWORDS, MNEMONIC PHRASES AND/OR PRIVATE KEYS.

4. No Class Proceedings: You and Inuit agree that any party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No adjudicator may consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any one user cannot and may not affect any other users.

5. Prohibited Uses: You may not:

a. use the Site or any Services in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband Digital Assets, funds, or proceeds;

b. trade or obtain financing on or through the Site, or use any Services, with anything other than funds, keys, or Digital Tokens that have been legally obtained by you and that belong to you;

c. use the Site or any Services to interfere with or subvert the rights or obligations of Inuit or the rights or obligations of any other Site user or any other third party;

d. trade using inaccurate information presented by the Site or by Inuit or take advantage of any technical glitch, malfunction, failure, delay, default, or security breach;

e. use the Site or any Services to engage in conduct that is detrimental to Inuit, the Nimiq Network or to any other Site user or any other third party;

f. reverse-engineer, decompile, or disassemble any close-sourced or proprietary software running on the Site, if any;

g. attempt to harm Inuit its Associates or any third party through your access to the Site or any Services, except that nothing in this subparagraph shall be construed as limiting your free speech rights under applicable law;

h. where you are a resident or national of a Prohibited Jurisdiction or a U.S. Person, access the Site or any Services using any virtual private network, proxy service, or any other third party service, network, or product with the intent of disguising your IP address or location; or,

i. violate these Terms of Service.

Any use as described in this paragraph shall constitute a "Prohibited Use". If Inuit determines that you have engaged in any Prohibited Use, Inuit may address such Prohibited Use at its discretion.

6. Your Representations & Warranties: You represent and warrant to Inuit and the Nimiq Network Community as follows:

a. that, if you are an individual user, you are 18 years of age or older and that you have the capacity to contract under applicable law;

b. that, if you are not an individual user, you have the requisite power and authority to sign and enter into binding agreements for and on behalf of the user;

c. that you understand the risks associated with using the Site, that you are not barred from using the Site by paragraph 3 of these Terms, and that you are not otherwise prohibited by applicable law from using the Site;

d. that you will not use the Site or any Services in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband Digital Assets or proceeds;

e. that you will not trade or obtain financing on or through the Site or use any Services with anything other than funds or Digital Tokens that have been legally obtained by you and that belong to you;

f. that any trading or other instructions received or undertaken through the Fast Spot service and the user launched hash time-lock contract are deemed to be valid, binding, and conclusive, and that Inuit may act upon those instructions without any liability or responsibility attaching to it; and,

g. that you will fairly and promptly report all income associated with your activity on the Site pursuant to applicable law and pay any and all taxes that may be due, if any.

7. No Representations & Warranties by Inuit: Inuit makes no representations, warranties, or guarantees to you of any kind. The Site and the Services are offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to usability or fitness for any particular purpose.

8. No Advice: Inuit or its Associate does not provide any investment advice or advice on trading techniques, models, algorithms, or any other schemes.

9. Limitation of Liability & Release: Except as may be provided for in these Terms of Service, Inuit assumes no liability or responsibility for and shall have no liability or responsibility for any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses (collectively, referred to herein as “Losses”) directly or indirectly arising out of or related to:

a. these Terms of Service;

b. the Site, and your use of it;

c. the Services, and your use of any of them;

d. the real or perceived value of any currencies or Digital Assets made available on Fast Spot, or the price of any Digital Asset displayed on the Site at any time;

e. any inaccurate, misleading, or incomplete statement by Inuit or on the Site regarding your wallets, whether caused by Inuit’s negligence or otherwise;

f. any failure, delay, malfunction, interruption, or decision (including any decision by Inuit to vary or interfere with your rights) by Inuit in operating the Site or providing any Service;

g. any stolen, lost, or unauthorized use of your wallet information any breach of security or data breach related to your wallet information, or any criminal or other third party act affecting Inuit or any Associate; or,

h. any offer, representation, suggestion, statement, or claim made about Inuit, the Site, or any Service by any Associate.

You hereby agree to release the Associates from liability for any and all Losses, and you shall indemnify and save and hold the Associates harmless from and against all Losses. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, or any other basis, even if the Associates have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.

10. No Waiver: Any failure by Inuit to exercise any of its respective rights, powers, or remedies under these Terms of Service, or any delay by Inuit in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by Inuit does not prevent either from exercising any other rights, powers, or remedies.

11. Force Majeure: Inuit is not responsible for damages caused by delay or failure to perform undertakings under these Terms of Service when the delay or failure is due to fires; strikes; floods; power outages or failures; pandemics, acts of God or the state’s enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, Inuit is excused from any and all performance obligations and these Terms of Service shall be fully and conclusively at an end.

12. Assignment: These Terms of Service, and any of the rights, duties, and obligations contained herein, are not assignable by you without prior written consent of Inuit. These Terms of Service, and any of the rights, duties, and obligations contained herein, are freely assignable by Inuit without notice or your consent. Any attempt by you to assign these Terms of Service without written consent is void.

13. Severability: If any provision of these Terms of Service, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, void, or unenforceability attaches only to such provision and everything else in these Terms of Service continues in full force and effect.

14. Privacy Policy

Thank you for visiting https://www.fastspot.io (“Site”). The Site is owned and operated by Inuit International Operations Ltd. (together "Inuit", "we", "our", or "us"). This Privacy ("Privacy Policy") together with our Terms of Service sets out the basis on which any Personal Information we collect from you ("you", "your", or "user"), or that you provide to us, will be processed by us. By “Personal Information”, we mean any information which, either alone or in combination with other data, enables you to be directly or indirectly identified, for example your name, email address, username, contact details or any unique identifier such as an IP address, device ID or other online identifier.

Inuit minimizes Personal Information collected from you, as Fast Spot and the hash time lock contracts built on this Dapp are pseudonymous. Please read the following carefully to understand what data we collect, how that data is used and the ways it can be shared by us. If you do not wish for your Personal Information to be used in the ways described within this Privacy Policy then you should not access or use the Site or use any of the services, functions, or features offered from time to time on the Site ("Services").

The data controller of your Personal Information is Inuit International Operations Ltd.

a. What information do we collect?

i. Information you give us. This is information about you that you give us by: using the Fast Spot Service; setting up hash time lock contracts on Fast Spot.

ii. Information we collect about you. Each time you use the Services, we may automatically collect the following information, which may be considered to be Personal Information when combined with other information about you: technical information, including the Internet protocol (IP) address used to connect your computer or other device to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and information about your visit, including the dates and times you use the Site length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page. Special categories of data:

1. We do not collect any special categories of Personal Information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).

2. We do not collect any information related to your wallet, including your keystore file, password, mnemonic phrase and private key.

b. Purposes for which we collect your Personal Information: If you wish to transact on and use the Site or use the Services, Inuit might collect information about you for the purposes set out below. Information you provide to us may be used to:

i. establish and maintain a responsible commercial relationship with you;

ii. understand your needs and your eligibility for products and services;

iii. inform you about transactional and commercial features;

iv. provide information to you about developments and new products, including changes and enhancements to the Site;

v. develop, enhance, and market products and services, and provide products and services to you;

vi. process billing and collection of any fees;

vii. conduct surveys and get feedback from you;

viii. deliver products and services to you;

ix. provide you with news and other matters of general interest to you as a Fast Spot or Nimiq user;

x. to meet Inuit’s legal and regulatory requirements.

Inuit uses IP addresses to analyze trends, administer the Site, track user movements, and gather broad demographic information for aggregate use. For systems administration and detecting usage patterns and troubleshooting purposes, Inuit’s web servers also automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within Inuit on a need-to-know basis. Inuit reserves the right to block access for any user accessing the Site via a proxy service intending to conceal originating identity. This includes access via the Tor anonymity network.

c. Legal basis on which we process your Personal Information: We will process your Personal Information on the following grounds:

i. where it is necessary for us to perform pursuant to our contract with you or in your interests; and/or

ii. where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Legitimate interests mean the interests of our organization to conduct and manage our business to enable us to better serve you and provide you with a secure experience on the Site.

iii. We ensure that we balance any potential impact on you and your rights before we process your Personal Information for our legitimate interests. We do not use your Personal Information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

iv. Generally, we do not rely on consent as a legal basis for processing your Personal Information other than in relation to our use of cookies or when we send third party direct marketing communications to you anonymously.

15. Security and confidentiality

a. Inuit is committed to protecting your privacy. Internally, only people within the business need to know Personal Information, or whose duties reasonably require access to it, are granted access to users’ Personal Information. Such individuals will only process your Personal Information on our instructions and are subject to a duty of confidentiality.

b. The Site’s systems and data are reviewed periodically to ensure that you are getting a quality service and that leading security features are in place. We have put in place procedures to deal with any actual or suspected data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

16. Disclosures

a. You agree that we have the right to share your Personal Information with:

i. Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries including their respective contractors, affiliates, employees or representatives

ii. Our service providers, to the extent necessary to supply the Services to you;

iii. Selected third parties, including identity verification sites and analytics and search engine providers that assist us in the improvement and optimization of the Services. Authorities and law enforcement agencies worldwide either when ordered to do so or on a voluntary basis if this appears reasonable and necessary to us.

b. We will also disclose your Personal Information to third parties:

i. If Inuit or substantially all of its assets are acquired by a third party, in which case Personal Information held by it about its users will be one of the transferred assets.

ii. If we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation, or in order to enforce or apply our Terms of Service and other agreements; or to protect the rights, property, or safety of us, our clients, or others. Inuit reserves the right to share current and historical bids, asks, and market prices; opening and closing range prices; high–low prices; trade prices; estimated and actual trade volumes; settlement prices; and other aggregate data and information related to the digital tokens traded on or through the Site.

17. Transfers

a. Personal Information and other data may be exported outside of the jurisdiction in which you reside. Your Personal Information may be processed and stored in a foreign country or countries. Under those circumstances, the governments, courts, law enforcement, or regulatory agencies of that country or those countries may be able to obtain access to your Personal Information through foreign laws. You need to be aware that the privacy standards of those countries may be lower than those of the jurisdiction in which you reside.

b. Unfortunately, the transmission of information via the Internet is not completely secure. While we do our utmost to protect your Personal Information, we cannot guarantee the security of your data transmitted to us over the email or through the Site; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access.

c. EEA users only: We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. All data you provide to us is stored on our secure servers. Where we transfer our data outside of the EEA, we ensure that adequate safeguards are in place. Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Information out of the EEA.

18. Other Sites and protecting your Personal Information

a. This Privacy Policy and the use of your Personal Information only applies to the information you provide. You are cautioned that if you disclose Personal Information or personally sensitive data through the use of the Internet, such as through chat rooms, communities, bulletin boards, or other public online forums, this information may be collected and used by other persons or companies over which Inuit has no control. It is your responsibility to review the privacy statements, policies, terms, and conditions of any person or company to whom you choose to link or with whom you choose to contract. Inuit is not responsible for the privacy statements, policies, terms, conditions, or other content of any Site not owned or managed by Inuit.

b. Inuit takes all reasonable actions to protect and safeguard Personal Information, but there are protective measures you should take, as well. Do not share your Personal Information with others unless you clearly understand the purpose of their request for it and you know with whom you are dealing. Do not keep sensitive Personal Information in your e-mail inbox or on Webmail. If you are asked to assign passwords to connect you to your Personal Information, you should use a secure password and always use two-factor authentication (2FA), where available. You should change your password regularly.

19. Changes To Our Privacy Policy

20. Any changes we make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you through the appropriate channels. Please check back frequently to see any updates or changes to our Privacy Policy.

21. Contact

a. Questions, comments and requests regarding this Privacy Policy should be addressed to privacy@nimiq.com

b. EEA users only: Should you have any concerns about how we handle your Personal Information, please contact us in the first instance. We will do our best to resolve your concern. Alternatively, you may prefer to submit a complaint directly to the national supervisory authority within your jurisdiction, details of which can be found online.

22. Cookies Policy

This cookies policy should be read in conjunction with our Privacy Policy.

a. The Site may use “cookies”. A cookie is a small text file containing a unique identification number that identifies a user’s browser each time that user visits a website. The use of cookies is industry standard practice and many major browsers are initially set up to accept them. You can reset your browser to either refuse to accept all cookies or to notify you when you have received a cookie. However, if you refuse to accept cookies, you may not be able to use some of the features available on the Site.

b. If you choose to disable or block our cookies on your computer or other device you will need to do this through your browser. Click on the 'Help' menu on your particular browser to learn how to manage your cookie preferences. Alternatively, you can visit www.aboutcookies.org for comprehensive information on how to manage cookies.

c. We may set cookies (first party cookies) on web pages, however, where we require additional information, we may also allow other companies to host cookies on our Site (third party cookies). These companies have been carefully selected by us and are required to meet contractual obligations they have with us.

d. The cookies on the Site may be from any of the following categories:

i. Strictly Necessary cookies - these are used for technical reasons and are necessary to enable the Site to operate efficiently so that you can navigate the Site with ease and use specific features. These include, for example, cookies that help us to debug any errors. If these cookies are blocked or disabled, some of the Site may not operate effectively.

ii. Functionality cookies - these are used to improve the functionality of the Site and make it easier to use. They help us to identify you as a repeat user of the Site and help us remember your preferences (for example, your choice of language or region).

iii. Analytical - these record your visit to our Site, the pages you have visited and the links you have followed. We will use this information to make the Site and the advertising displayed on it (if any) more relevant to your interests. We may also share this information with third parties for this purpose.

e. We may share information that we collect through cookies, in aggregated form, with carefully selected third parties for the purposes set out above, unless you disable or block cookies.