Terms and Privacy

Last Modified: Feb, 2025

Please do not access this Site (as defined below) where such access is prohibited by applicable law. Please carefully read these terms of use before using the Site. These Terms (as defined below) apply to any person or entity accessing the Site and by using the Site, you agree to be bound by them. The Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. If you do not want to be bound by these Terms, you should not access the Site. By using the Site in any capacity, you agree that you have read, understood, and agree to be bound by the Terms.

This Terms of Use Agreement (these "Terms" or this "agreement") covers the chilipik.com website and any subdomain of the *.chilipik and mobile user-interfaces (collectively, "the Site") provided by Chilipik ("we," "our," or "us"), at times in conjunction with others.

These Terms apply to you ("you" or "your") as a user of our Site, including, without limitation, all the products, services, tools and information made available on the Site.

You must be able to form a legally binding contract online either as an individual or on behalf of a legal entity. You represent that, if you are agreeing to these Terms on behalf of a legal entity, you have the legal authority to bind that entity to these Terms and you are not indirectly or directly included on any sanctions list and at least 18 years old or the age of majority where you reside, (whichever is older) can form a legally binding contract online, and have the full, right, power and authority to enter into and to comply with the obligations under these Terms.

You are advised to periodically review these Terms so you understand any changes. We reserve the right, in our sole and absolute discretion, to make changes to our Terms. If we make changes, we will notify you by revising the "*Last Updated*" date at the beginning of these Terms accordingly. Changes are binding on users of the Site and will take effect immediately upon posting. As a user, you agree to be bound by any changes, variations, or modifications to our Terms and your continued use of the Site shall constitute acceptance of any such changes, revisions, variations, or modifications. By continuing to use the Site, you also acknowledge and agree that we have provided you with sufficient notice of such changes.

Use of the Site

By using the Site, you expressly acknowledge and agree that:

a. your use of the Chilipik involves various risks, including, without limitation, risks of (a) losses of Digital Assets

b. you are responsible for doing your own diligence on the various UIs through which you access

c. no individual or entity involved the use of Chilipik will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, Chilipik including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, Digital Assets, or anything else of value.

Access / Disclaimer of Warranties

ACCESS TO THIS SITE AND THE PRODUCTS HEREIN ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SITE OR ANY PRODUCT WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED. YOUR USE OF THE SITE AND ANY PRODUCT AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

We do not guarantee or promise that the Site, or any content on it, will always be available, functional, usable or uninterrupted. From time to time, access may be interrupted, suspended or restricted, including because of a fault, error or unforeseen circumstances or because we are carrying out planned maintenance or changes.

We reserve the right to limit the availability of the site to any person, geographic area or jurisdiction in our sole discretion and/or to terminate your access to and use of the site, at any time and in our sole discretion. We may suspend or disable your access to the Site for any reason and in our sole discretion, including for any intentional or unintentional breaches of these Terms. We may remove or amend the content of the Site at any time. Some of the content may be out of date at any given time and we are under no obligation to update or revise it. We do not promise or guarantee that the Site, or any content on it, will be free from errors or omissions.

We will not be liable to you for any issue, loss or damage you may or have suffered as a result of the Site being unavailable at any time for any reason. You will comply with all applicable domestic and international laws, statutes, ordinances, rules and regulations applicable to your use of the site ("Applicable Laws").

As a condition to accessing or using the Site, you agree and represent that you will:

- Only use the Services and the Site for lawful purposes and in adherence with these Terms;
- Ensure that all information that you provide on the Site is current, complete, and accurate; and

As a condition to accessing or using the Site or the Services, you will not:

- Violate any Applicable Law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing and sanctions laws and any relevant and applicable privacy, secrecy and data protection laws.

- Use the Site for any purpose or conduct that is directly or indirectly unlawful;

- Export, reexport, or transfer, directly or indirectly, any technology belonging to us or the Chilipik in violation of applicable export laws or regulations;

- Infringe on or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using the Site;

- Misrepresent, with omission or otherwise, the truthfulness, sourcing or reliability of any content on the Site;

- Use the Site in any manner that could interfere with, disrupt, negatively affect, redirect or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden, or impair the functioning of the Site in any manners

- Introduce or use any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Site;

- Post content or communications on the Site that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;

- To the extent applicable, post content on the Site containing unsolicited promotions, commercial messages or any chain messages or user content designed to deceive, induce or trick the user of the Site; or

- Encourage or induce any third party to engage in any of the activities prohibited under these Terms.

You acknowledge that the Site and your use of the Site present certain risks, including without limitation the following risks:

- Losses due to the fluctuation of prices of tokens. Prices of digital currencies, tokens and/or other digital assets fluctuate day by day or even minute by minute.

- Please note that there is a possibility that the price of tokens could decrease to zero. Prices of tokens are prone to significant fluctuations

- You are responsible for doing your own diligence on Chilipik to understand and accept the risks that use entails. You are also responsible for doing your own diligence on those interfaces

- The regulatory frameworks applicable to blockchain transactions in connection with tokens are still developing and evolving. It is possible that your transactions or funds are, or may be in the future, subject to various reporting, tax or other liabilities and obligations. Legislative and regulatory changes or actions at the country or international level may materially and adversely affect the use, transfer, exchange, and value of your tokens.

- The Site may be wholly or partially suspended or terminated for any or no reason, which may limit your access to Chilipik or/and fully prevent the Site usage

- You are solely responsible for understanding and complying with any and all Applicable Laws in connection with your acceptance of these Terms and your use of any part of the Site, including but not limited to those related to taxes as well as reporting and disclosure obligations.

- This list of risk factors is non-exhaustive, and other risks, arising either now or in the future, could additionally be relevant and applicable to you in making an informed judgment to accept, or continue to accept, these Terms and/or use, or continue to use the Site.

Accordingly, you expressly acknowledge and agree that:

a. you assume all risk in connection with the specific risks identified above;

b. you assume all risk in connection with your access to and use of the Site;

c. that you expressly waive and release us, the Site from any and all liability, claims, causes of action, responsibility or damages arising from or in any way related to your use of the Site;

d. upgrades and modifications to the Site are managed by Chilipik owners for now;

e. no individual or entity involved in creating Chilipik will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the Site, including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, Digital Assets, cryptocurrencies, or anything else of value.

Third-Party Content

The Site may contain hyperlinks or references to third-party websites or content. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party's website, products or services or opine on the accuracy or reliability of such information. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

Privacy Policy

Certain areas of our website may record and collect information about you. When you use the Site, we may collect information about your computer and your interaction with the Site.

This Privacy Policy explains your choices surrounding how we use your personal information, which include how you can object to certain uses of the information and how you can access and update certain information.

Here's the personal information we collect upon using our website:

- Email address if provided to the Site
- Measuring interest and engagement in our Services, including analyzing your usage of the Site
- Technical information about devices including IP addresses
- Information about visits to websites (referral URL, viewed content, interaction with content)
- Any bookmarks if provided on the Site
- Any social accounts and links to social accounts if provided to the Site
- Country/Location if provided to the Site
- Feedback if provided through the Site

We will never sell any of your personal information to external parties.

Here's how we use that information:

- Managing the information

- Responding to feedback, comments, or support requests

- Pursuing legitimate interests, such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;

- Ensuring internal quality control and safety

- Preventing and prosecuting potentially prohibited or illegal activities;

- Complying with our legal obligations

Here's the subprocessor we used to provide the service:

All information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

We store the personal information we receive as described in this Privacy Policy for as long as you use the Site or as necessary to fulfill the purpose(s) for which it was collected, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.

California Consumer Privacy Act (CCPA): In the preceding 12 months, we have not disclosed your personal information to any third party in a manner that would be considered a sale under the CCPA. For purposes of the CCPA, we have collected the following categories of consumers' personal information, and disclosed the personal information to the following categories of third parties for a business purpose, in the last 12 months:

- Identifiers: the Site
- Internet or other electronic network activity (including session recordings, website interaction data, and user behavior patterns): the Site, PostHog Analytics Partner
- Geolocation data: the Site and Analytics Partner
- Sensory data: the Site and Analytics Partner
- Personal information categories listed in the categories above, but referenced in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): the Site

The terms of the data processing available above are hereby incorporated by reference and shall apply to the extent of the Site processes any Personal Data that is subject to the GDPR on Customer's behalf.

- Import. You can email us your data to any import needs
- Export. You can email us and we will export and send your data
- Account deletion. You can email us and we will delete your accounts & data

we rely on standard contractual clauses (SCCs) to ensure appropriate safeguards for personal data transfers from the EU to countries outside of the EU.

We do not use Cookie!

Intellectual Property Rights

We are the owner of all intellectual property rights in the Site and the material published on them. To the extent practical, these works are protected by copyright laws and all such rights are reserved. Chilipik is our uniform resource locator ("URL"). Any unauthorized use or reproduction may be prosecuted. You will retain ownership of all copyright in data you upload or submit by, through or to the Site. You grant us a worldwide, royalty-free, irrevocable license to use, copy, keep this data in any manner.

Copyright Infringement

If you believe your copyrighted materials are being infringed by other users on the Site.
If you believe that copyrighted materials posted to the Site by another user infringe your copyright, please follow the process set forth below to let us know by email or Twitter chat.

Limitation of Liability

Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the Site, including the user-interface, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site including the user-interface or the information contained within it. We assume no liability or responsibility for any:

(a) errors, mistakes, or inaccuracies of content;

(b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the Site, including the user-interface;

(c) unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein;

(d) interruption or cessation of function related to the Site;

(e)bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Site;

(f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Site; and

(g) the defamatory, offensive, or illegal conduct of any third party.

Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding $100.00.

This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities, but your acceptance of these Terms constitutes an agreement to limit the liability of Chilipik, its affiliates and their respective officers, directors, employees, contractors, and agents to the maximum extent possible under any applicable laws.

Disclaimers

We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and/or platform in order to access the Site. You should use and deploy your own virus protection and security software. We cannot promise that the use of the Site, or any content taken from the Site, will not infringe the rights of any third party.

The content and materials available on the Site are for informational purposes only and are not intended to address your particular requirements or needs. In particular, the content and materials available on the Site do not constitute any form of advice, referral or recommendation by us, should not be regarded as an offer, solicitation, invitation or recommendation to buy or sell tokens or any other financial services and is not intended to be relied upon by you in making any specific decision to buy or sell a token.

Nothing included in the site constitutes an offer or solicitation to sell, or distribution of, investments and related services to anyone in any jurisdiction. From time to time, reference may be made to data we have gathered. These references may be selective or, may be partial. As markets change continuously, previously published information and data may not be current and should not be relied upon.

Indemnification

You agree to indemnify and hold us and all of our officers, directors, council members, employees, contractors, agents, affiliates, and subsidiaries harmless from any claim or demand, including attorneys' fees and costs, made by any third-party due to or arising out of (a) your use of the Site or (b) this agreement.

General

We may perform any of our obligations, and exercise any of the rights granted to us under these Terms, through an affiliated or unaffiliated third-party. We may assign any or all our rights and obligations under these Terms to any third-party.

If any clause or part of any clause of these Terms is found to be void, unenforceable or invalid, then it will be severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms. No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise.

If any of the provisions in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder shall continue in full force and effect. All disclaimers, indemnities and exclusions in these Terms shall survive termination of the Terms and shall continue to apply during any suspension or any period during which the Site is not available for you to use for any reason whatsoever.

These Terms and the documents referred to in them set out the entire agreement between you and us with respect to your use of the Site, and the services provided via the Site and supersede any and all prior or contemporaneous representations, communications or agreements (written or oral) made between you or us.

Any dispute, controversy, or claim arising out of or in relation to these Terms, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the Cayman Islands Arbitration Act (2012), as may be amended from time to time, which is in force on the date when the Notice of Arbitration is submitted in accordance with these Rules.

The number of arbitrators shall be one or three; the seat of the arbitration shall be determined by the arbitrator(s); the arbitral proceedings shall be conducted in English.

The applicable law shall be Cayman Islands law or another choice of law determined in our sole discretion. With respect to all persons and entities, regardless of whether they have obtained or used the site for personal, commercial or other purposes, all disputes, controversies or claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action or other representative proceeding.

This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into this agreement, you and us are each waiving the right to a trial by jury or to participate in a class action, collective action, or other representative proceeding of any kind.

Force Majeure

There is a risk that transactions effected through the Site may be affected by system failures resulting from adverse events, natural disasters, pandemics and other emergencies, as well as unforeseen significant changes in the external environment. With regard to opportunity loss (e.g., loss of opportunity to place a payment instruction, resulting in loss of profits which could have been obtained) due to occurrences such as emergency situations and force majeure events, we are under no obligation to take any corrective action or measure and shall no under circumstances be liable for any lost profits or other trading losses.

Contact Us

Please contact us if you have any questions by sending an email to [email protected]