TERMS OF SERVICE

INTRODUCTION

This Terms of Service document covers your use of the Symetria Platform and your receipt of the Symetria Services. This Terms of Services document is a binding legal agreement between you and Symetria that forms when you access the Symetria Platform and the Symetria Services by setting up a Symetria account.

The Symetria Platform means our website [symetria.io], any associated websites, hosted services, APIs, or mobile applications. The Symetria Services includes any and all functionality offered on or through the Symetria Platform, including without limitation account and wallet set-up and hosting, cryptocurrency conversion, security features, and related services.

‍Please read these Terms of Service carefully, as they applyto you.

By signing up for a Symetria account and using the Symetria Platform or requesting the Symetria Services, you agree that you have read and understood and accept all of the terms and conditions contained in this document. If you do not agree with these terms and conditions, please do not use or access the Symetria Platform or Services.

These Terms are referring to Symetria Exchange Corporation when making references to “we”, “us”, “our” or “Symetria”. These Terms refer to our individual users when making references to “you”, “your” and “Users”.  

1.  ACCOUNT SETUP

1.1  Symetria Account

You may open an account on the Symetria Platform. In order to open a Symetria account, you must:

(a)     provide us with a public key, which may be done transparently by your browser, device, or the application you use to access the Symetria Platform or Services;

(b)     provide us with such other information as may be requested on the Symetria account registration form.

1.2  Accurate Account Information

When you provide information about yourself to Symetria, you agree to provide only true, accurate, current, and complete information. As a Symetria User, you agree to maintain and promptly update your Symetria account data, always ensuring it is true, accurate, current, and complete.

1.3  Account Security

(a)     You understand and agree that you are solely responsible for maintaining the confidentiality of your Symetria account including your login information, password, and private key. You are solely responsible for all activities that occur under or from your Symetria account.  

(b)    You agree to: (i) immediately notify Symetria of any unauthorized use of your Symetria account or any other breach of security; (ii) logout from your Symetria account at the end of each session; and (iii) not share your Symetria account with any other person.  

1.4   Privacy Policy


As part of the administration of your Symetria account, the operation of the Symetria Platform, and the offering of the Symetria Services, we collect, use and may sometimes disclose your personal information. Our handling of your personal information is in accordance with the terms of Symetria’s Privacy Policy which may be found here. The Privacy Policy is incorporated by reference into, and forms part of, these Terms.

1.5   Account Cancellation and Termination


(a)    Cancellation. You may cancel your Symetria account at any time using the account management features on the Symetria Platform. After you cancel your Symetria account you will cease to have access to the Symetria Platform and Services.

(b)    Termination.  We may terminate your Symetria Account at any time and for any reason whatsoever with or without notice to you.

2.  SYMETRIA PLATFORM AND SERVICES

2.1  access

You may access the Symetria Platform and Services with a valid Symetria account in good standing.

2.2  Symetria Platform

Access to the Symetria Platform includes access to Symetria.io, access to associated websites, Symetria’s hosted services, APIs, and mobile applications.

2.3   Symetria Services

(a)     Scope of Services. Using your Symetria account information to access the Symetria Platform you will be able to access, request or avail of the Symetria Services, which include: 

         
(1)    Symetria’s hosted cryptocurrency wallet servicessupported by Personal Blockchain technology; and

        (2)    Symetria’s cryptocurrency conversion features.

(b)    Fees for Services. As consideration for your access to and receipt of the Symetria Services, you will be required to pay certain fees. You will always be notified of the fees that apply to a specific Symetria Service or aspect of a Symetria Service prior to being charged. You will have an opportunity to discontinue your transaction or request if you do not want to be charged.

2.4   Technical Requirements

In order to access the Symetria Platform and Services you will need a device with a modern internet web browser.

3.      PERSONAL BLOCKCHAIN TECHNOLOGY

3.1   Acknowledgement

You acknowledge that:  

(a)     the Symetria Platform relies on Personal Blockchain technology which is a centralized system with a published set of rules for interactions among Users and among Users and the Symetria Platform; 

(b)    every transaction request on the Symetria Platform will require authorization in the form of a User’s valid digital signature;

(c)     Symetria has no obligation whatsoever to process any request which lacks a User’s valid digital signature; 

(d)    every User will have a public key unique to that User;  

(e)     you are solely responsible for protecting the privacy and security of your private key;  

(f)      Symetria does not have access to Users’ private key in an unencrypted format; and 

(g)     any activity, transaction or request that includes your valid digital signature shall be deemed properly and duly authorized by you.

3.2   Liability

Symetria shall not have any liability for any losses, damages, or other claims whatsoever for processing any transaction or request that includes your valid digital signature.  

4.      INTELLECTUAL PROPERTY

4.1   Symetria’s Intellectual Property Rights


(a)     Symetria either owns the intellectual property rights in the products, content made available through the Symetria Platform and Services, including without limitation the underlying source code, HTML, graphics, text, audio clips, video clips, algorithms (including the design, organization and layout of the Symetria Platform) or Symetria has obtained permission to use that content. Without limiting the generality of the foregoing, any e-mails, documents, messages, or commentary we post or make available to Users or send to you belong solely to Symetria.  

(b)    Nothing in these Terms grants you any right of ownership in: the Symetria Platform, any aspect of the Symetria Platform, any content found on the Symetria Platform, or any intellectual property rights associated with those things. Except at expressly authorized by Symetria, you agree not to sell, license, copy, distribute transmit, publish, create derivative works from, or otherwise make unauthorized use of the Symetria Platform or content found on the Symetria Platform.  

(c)     Symetria reserves all our rights, including by not limited to any copyright, trademarks, patents, know-how, trade secrets, and any other proprietary rights that we may have in the Symetria Platform, Symetria Services and associated content. By granting you access to the Symetria Platform or Symetria Services, Symetria is not providing you with any implied or express licenses or rights other than those expressly stated in these Terms.  

(d)    Notwithstanding section 4.1(b), each User will own any content they upload into the Symetria Platform such as the User’s profile photo and records of the User’s Personal Blockchain.

5.      REPRESENTATIONS AND WARRANTIES

5.1   Of User


You represent and warrant to Symetria that: 

(a)    you are the legal age of majority as that is defined in your jurisdiction;

(b)    you are using the Symetria Platform and Symetria Services in a jurisdiction where access to, or use of, the Symetria Platform and Symetria Services (or any part thereof) is not prohibited or illegal;

(c)    you understand the contents of these Terms and have had the opportunity to obtain legal advice with respect to these Terms before agreeing to them;

(d)    you have the capacity and authority to enter into, execute, and perform your obligations under, these Terms;

(e)    you have provided accurate and complete information on your Symetria account registration and will keep such information secure, private, updated and current.

5.2  Of Symetria


Symetria represents to User that: 

(a)    the Symetria Platform and the Symetria Services do not infringe the intellectual property rights of any person;

(b)    Symetria is duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation; and

(c)    The execution delivery and performance under these Terms have been duly authorized by the requisite corporate action on its part.

6.  DISCLAIMERS AND LIMITATiON OF LIABILITY

Please read this section carefully. This section concerns you and your rights as a User and it limits Symetria’s liability in the event of loss.

6.1  Definition

In this section, Representatives means Symetria’s directors, officers, employees, partners, joint ventures, contractors, licensors (except other Users), agents, affiliates, successors, assigns, or subsidiaries.

6.2  Symetria Does not Provide Advice

The Symetria Platform and Symetria Services are provided for your personal use and convenience at your discretion only and are not provided as financial, investing, accounting, legal, or tax advice, or any other type of advice, and should not be relied upon for those things. Nothing on or in the Symetria Platform constitutes professional advice of any type whatsoever and you may not rely on the contents of the Symetria Platform or Services as such.

You should not act or rely on any information on or in the Symetria Platform without seeking the advice of a professional.

Symetria assumes no obligations to update content on the Symetria Platform, provide information on developments or changes regarding cryptocurrency exchange or regulatory requirements, or modify the functionality of the Symetria Platform or Services. The content made available on the Symetria Platform or through the Symetria Services may contain errors, omissions, or mistakes and neither Symetria nor its Representatives (defined below) shall have any liability related thereto.

6.3  Third Party Information

In order to provide the Symetria Services, we will rely on third party or other publicly available information, such as conversion or exchange rates applicable to certain cryptocurrencies. Symetria makes no representations about the accuracy or validity of any such information. We will advise you of any applicable conversion rates when you submit a transaction or activity request from your account. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY OF ANY SUCH INFORMATION PRIOR TO PROCEEDING WITH YOUR CONTEMPLATED TRANSACTION. 

Furthermore, you acknowledge that cryptocurrencies have potentially volatile values and conversion rates may be in constant flux. You assume all risk associated with changes in cryptocurrency values and conversion rates. SYMETRIA HAS NO LIABILITY FOR ANY LOSSES OR DAMAGES YOU INCUR AS A RESULT OF FLUCTUATING CRYPTOCURRENCY VALUES AND CONVERSION RATES.

6.4  Disclaimer of Warranties


YOU AGREE YOU USE THE SYMETRIA PLATFORM AND SYMETRIA SERVICES AT YOUR OWN RISK.

The Symetria Platform and Symetria Services are provided “as is” and “as available” without any representations, warranties, or conditions of any kind, express or implied.

SYMETRIA HEREBY DISCLAIMS ALL CONDITIONS OR WARRANTIES WHATSOEVER. To the maximum extent allowable at law, Symetria makes no warranties whether statutory, express, or implied, with respect to the Symetria Platform, Symetria Services, and content on either of them (whether Symetria, User or third-party content). Without limiting the forgoing, the Symetria Platform, Symetria Services, and content on either of them (whether Symetria, User or third-party content) are provided without statutory, implied, or express warranties or conditions of merchantability, quality, performance, fitness for a particular purpose, completeness, accuracy, currency, reliability, effectiveness, usability, or non-infringement.

WE CANNOT GUARANTEE THAT THE SYMETRIA PLATFORM OR THE SYMETRIA SERVICES WILL FUNCTION WITHOUT ERRORS, INTERRUPTION, OR DOWNTIME.

BY ACCESSING THE SYMTERIA PLATFORM, YOU AGREE THAT SYMETRIA AND ITS REPRESENTATIVES ARE NOT LIABLE for any loss, harm, damages, cost, or injury suffered in connection with using, or the inability to use, the Symetria Platform, Symetria Services, and content on either of them (whether Symetria, user or third-party content). BY ACCESSING THE SYMETRIA PLATFORM, YOU AGREE THAT SYMETRIA IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS OF USERS, VISITORS, USER CONTENT, THIRD-PARTY CONTENT. You also agree that Symetria is not responsible or liable for the actions or content of third parties. You assume any and all liability for any harm, injury, loss, costs, or damages suffered as a result of using the Symetria Platform, Symetria Services, and content on either of them (whether Symetria, user or third-party content) and release Symetria from the same.


6.5  Limitation of Liability


YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWABLE AT LAW, IN NO EVENT SHALL SYMETRIA OR ITS REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, PROPERTY, GOODWILL, USE, DATA, OPPORTUNITIES, REPUTATION, COMMERCIAL LOSS, FINANCIAL LOSS, OR ECONOMIC LOSS, OR INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR BASIS OF LIABILITY.

The foregoing limitation shall apply even if Symetria or Symetria’s Representatives have been advised of the possibility of such damages. For greater certainty, but without limiting the generality of the foregoing, Symetria and its representatives shall not be liable for anything which results from:

(a) your use of the Symetria Platform and Services;

(b) your reliance on materials, user content, third-party content, or information made available on the Symetria Platform and through the Symetria Services;

(c) the acts or omissions of any Users;

(d) any act you make or fail to make as a result of your use of the Symetria Platform, Symetria Services or content delivered through either of them; or

(e) your inability to use the Symetria Platform or Services due to any cause.


Without limiting the foregoing, in no circumstance shall Symetria’s or its Representatives’ aggregate liability exceed one hundred and fifty Canadian Dollars (CAD $150) in all cases.


6.6  Security


(a) Symetria strives to keep your personal information, user content and Symetria account information safe from security breaches; however, we cannot guarantee the safety or security of your personal information. BY USING THE SYMETRIA PLATFORM, YOU AGREE, TO THE MAXIMUM EXTENT ALLOWABLE AT LAW, TO RELEASE SYMETRIA AND ITS REPRESENTATIVES FROM ALL AND ANY LIABILITY FOR ANY HARM, INJURY, LOSS, OR DAMAGES SUFFERED BY YOU AS A RESULT OF A SECURITY BREACH, FAILURE, OR SHORT-COMING OF THE SYMETRIA PLATFORM SERVICES.

(b) If you believe that a security breach is occurring, or will occur, you must notify us immediately.


6.7  Indemnity


You agree to indemnify and hold harmless Symetria and its Representatives from and against any and all claims, proceedings, suits, disputes, demands, threats, actions, obligations, liabilities, costs (including legal and accounting fees), damages, losses, expenses, and injuries arising from your breach of these Terms, your use of the Symetria Platform or Symetria Services, or any content on either of them.

Symetria reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of Symetria. You will co-operate as fully as reasonably required in the defense of any claim.


6.8  Reliance


You understand and agree that Symetria is making the Symetria Platform and Symetria Services available to you in reliance upon the limitations and exclusions of liability, indemnities, and the disclaimers outlined in these Terms. Those specific provisions form an essential basis of the contract between you and us.  You agree that the limitations and exclusions of liability, indemnities, and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination, suspension, or cancellation of your account or suspension or termination of use of, or access to, the Symetria Platform or Services.


7.  general

7.1  Entire Agreement


These Terms, which incorporate our Privacy Policy by reference, are the entire agreement between you and Symetria. There are no other terms, conditions, representations or warranties, express or implied.


7.2  Amendments


We reserve the right, on reasonable prior written notice, to modify these Terms, especially as we add functionality to the Symetria Platform and Symetria Services. Your use of the Symetria Platform and Symetria Services after any amendment or updates to these Terms shall signify your acceptance of the amendments and updates. The most current version of these Terms will govern our relationship and your use of the Symetria Platform and Services.


7.3  Assignment


We may assign these Terms in part or in their entirety without notice to you or your consent. These Terms are personal to you and you may not assign your rights or obligations under these Terms to any person.

7.4  Governing Law


These Terms shall be governed by the laws of British Columbia and the federal laws of Canada applicable in that province, without regard to any conflict of laws principles that would preclude the application of those laws.


7.5  Waivers


You hereby waive any right you may have to commence or participate in any class action against Symetria related to any claim and, where applicable, you also agree to opt out of any class proceedings against Symetria.

If a dispute arises between Symetria and you, both Symetria and you waive any right either of us may have to participate in a trial by jury with respect to that dispute.


7.6  Severability


If any provision in these Terms is deemed unenforceable by an arbitrator or court, that provision may be severed and all other provisions, assuming they are self-sustaining and capable of separate enforcement without regard to the invalid or unenforceable provisions, will be and continue to be valid and enforceable in accordance with their terms.


7.7  Force Majeure


Symetria shall have no liability to you if Symetria is prevented from or delayed in performing its obligations or from carrying on its business because of a circumstance or set of circumstances beyond Symetria’s reasonable control, including without limitation acts or omissions of third-party network providers.


7.8  Language


You and Symetria have required that the Terms, and all related documents, be prepared in English. Les parties reconnaissent avoir exigé que les présentes modalités de vente et tous les documents connexes soient rédigés en anglais. If these Terms are translated into another language, the English language text shall in any event prevail.


In this section, Representatives means Symetria’s directors, officers, employees, partners, joint ventures, contractors, licensors (except other Users), agents, affiliates, successors, assigns, or subsidiaries.