Partner

Terms of Service

Last Updated: June 10th, 2022

 

1.  SCOPE

These Terms of Service constitute a binding agreement (the “Agreement”)between you (the “Partner”) and 12845393 Canada Inc. (“Mash”), the owner, operator and provider of the [Mash Platform] (the “Service”).

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE SERVICE, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (C) ARE NOT A RESIDENT OF QUEBEC[ ;AND (D) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE IN ANY WAY. 

If you are entering into this Agreement on behalf of a corporation or other legal entity, you: (i) confirm that you have the legal authority to bind such entity to this Agreement; (ii) agree to only access and use the Service in your capacity as an authorized representative of your corporation or other legal entity; and (iii) as used herein, Partner means your corporation or other legal entity, and references to “you” and “your” also refers to your corporation or other legal entity.

2.  THE SERVICE

(a)  Description of Service. The Service is a digital platform that, among other things, enables you to: (i) set prices for users (“Users”) to access, engage with, and/or consume content or services that you offer on your website, app, tool or other digital medium (“Partner Content”); and(ii) process transactions in respect of such Users’ access to Partner Content(“User Transactions”). A description of the features of the Services(including the types of User Transactions that can be facilitated through the use of the Service), user guides, and other related materials (the “Documentation”),as may be updated and amended by Mash from time to time, may be found at www.getmash.com.

 

(b)  Limited Right. Subject to your compliance with this Agreement, Mash grants to you a revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable license to make use of the Services, solely for the purpose of the activities and purposes described in this Agreement or for any other purpose clearly stated in the Documentation, all in accordance with the Agreement. Any use of the Service that is not for one of these purposes or otherwise in accordance with the Agreement is expressly prohibited.

 

(c)  Acknowledgements. You acknowledge and agree that:(i) the Service is a software service that provides Users with the ability to use funds they control to facilitate transactions with you, and (ii) Mash at no time is engaged in the business of buying and selling of Bitcoin, dealing in Bitcoin, conversion of funds or controlling your Bitcoin or your Bitcoin wallet.

3. ACCOUNT

(a)  Registration. To create a Partner account (an “Account”), you must complete the registration process designated by Mash. As part of the registration process for an Account, you will be required to provide a range of information as prompted by the Account registration form.

 

(b)  Accuracy of Information. The information provided by you during the Account registration process is subject to verification by Mash, and Mash may accept or reject your Account and/or your use of the Service in its sole discretion. By creating an Account, you certify that all information you provide is complete and accurate. You agree to update the information on your Account when required or requested, and you further agree not to use another person’s or entity’s account or permit another person or entity to use your Account. You agree not to have more than one Account.

 

(c)  Responsibility. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and its associated password, and you agree to accept sole responsibility for all activities that occur under your Account or password. Mash is not liable for any loss or damage arising from any unauthorized use of your Account.

 

(d)  Account Recovery. In the event you lose or forget your log in credentials, Mash will attempt to help you recover access to your Account. However, you acknowledge and accept that Mash may not be able to recover access to your Account and that Mash shall not be liable in the event Mash is unable to recover access to your Account.

4. USER DISPUTES

While Mash provides the Service enabling you to engage with your Users, Mash is not involved in any way in any transactions, agreements, or relationship between you and any User. You acknowledge and agree that you are solely responsible and liable for all User Transactions. If a disagreement occurs between you and a User for any reason (a “User Dispute”),including with respect to any User Transaction or any non-payment of fees or any refund requests, you are solely responsible for resolving the User Dispute. Mash disclaims any liability arising out of or relating to a User Dispute, and you acknowledge and agree that Mash will not have any responsibility to mediate, attempt to resolve, or otherwise become involved in any User Dispute.

5. FEES AND ACCOUNT FUNDS

(a)  User Transaction Fees. Mash imposes transaction charges with respect to each User Transaction (“Transaction Charge”). The Transaction Charge will be deducted from payment made by the applicableUser for the User Transaction.

 

(b)  Account Funds and Fund Transfer Fees. Mash offers various methods for transferring funds to and from your Account. These methods may change from time to time and are described in the Documentation.Mash makes no representation or warranty that any transferring methods currently offered will continue to be available to you. Transferring methods available may also vary by jurisdiction. The types of methods available may include the use of third-party providers to process transactions and Bitcoin transfers from your own Bitcoin wallet.  Depending on the method selected for fund transfer, a fee (the “Fund Transfer Charge”) may be charged by Mash. The Fund Transfer Charge covers the cost to process the transfer of funds to or from your Account. The applicable Fund Transfer Charge will be displayed to you before you proceed with a fund transfer transaction.

(c)  Fee Schedule. Mash reserves the right to change any or all of its pricing and fees (including Transaction Charges and Fund Transfer Charges), and to impose additional fees for services, at any time with or without notice to you. An up-to-date schedule of pricings and fees (the “Fee Schedule”) is available at www.getmash.com/pricing, and you should review such fees from time to time.

 

(d)  Right to Access Funds .You hereby grant Mash the right to charge or deduct funds from your Account for Transaction Charges, Fund Transfer Charges, and other charges and amounts due to Mash under this Agreement.

 

(e)  Taxes. You are responsible to pay for any and all taxes, duties, tariffs, and other similar government imposed costs, including any value-added, sales, or withholding taxes (“Tax”) relating to your access to and use of the Service, including with respect to User Transactions and payments collected by you from your Users for Partner Content.  All fees and prices indicated on the Fee Schedule do not include Taxes. If Mash has any legal obligation to payor collect any Taxes for which you are responsible, then Mash will invoice you and you will be responsible to pay such Taxes unless you provide mash with valid tax exemption certificate authorized by the appropriate taxing authority.

6. PRIVACY POLICY

Use of the Service is governed by the Mash Privacy Policy (“Privacy Policy”), which Mash encourages you to carefully review. The Privacy Policy can be accessed here: www.getmash.com/privacy-policy. By accessing and using the Service, you agree to the collection, use, storage and disclosure of your information in accordance with the Privacy Policy, which is incorporated by reference into this Agreement.

7. THIRD-PARTY APPLICATIONS

(a)  Liability. The Service may display, utilize, include or make available content and services provided by or through Mash’s third-party suppliers or partners (“Third-Party Providers”) or provide links to websites, content or services of Third-Party Providers (the “Third-Party Applications”). You acknowledge and agree that Mash is not responsible for Third-Party Applications(which are provided solely by the applicable Third-Party Provider, and notMash), including their accuracy, completeness, timeliness, validity, legality, quality or any other aspect thereof. Mash does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Applications. Third-Party Applications may be subject to such Third-Party Providers’ terms and conditions (“Third-Party Terms”), and you agree to comply with such Third-Party Terms. Mash is not a party to any Third-Party Terms and will have no liability, obligation, responsibility, or duty arising from or relating to such Third-Party Terms. Other than in providing the Service to you, Mash shall have no responsibility or liability whatsoever concerning the Third-Party Providers or Third-Party Applications. Any issues with the Third-Party Providers orThird-Party Applications must be addressed by you with the Third-Party Providers directly.Use of any Third-Party Application is solely at your own risk.

 

(b)  Service Providers. You acknowledge and agree that Mash may operate and provide portions of its Services and store content and data (including Partner Content, your Account information, and other data and information that you upload, transmit or provide to Mash or through the Service) using infrastructure, software, and services provided by third party service providers, and that such third party service providers may be located in a jurisdiction outside of the jurisdiction in which your and/or your User reside. You agree to comply with any policies and terms of any such third party service providers that are applicable to you and of which Company provides you with notice.

8. RESTRICTIONS

(a)  Acceptable Use. You may access and use theService only for lawful purposes and solely in accordance with this Agreement. You must not, and you must not request, authorize or encourage any other person to:

 

     (i)   engage in any activities through or in connection with the Service that are unlawful, offensive, obscene, violent, threatening, harassing, or abusive, or that violate any right of any third-party;

 

     (ii)  distribute, copy, license, rent, sell, publish or otherwise transfer the Service, or any content or proprietary materials of Mash, to any third-party;

 

     (iii)  to the maximum extent permitted by applicable law, reverse engineer, decompile, disassemble, reverse assemble, or modify any source or object code or any software or other products, services, or processes accessible through any portion of the Service;

 

     (iv)  remove, alter or obscure any copyright, trademark or other intellectual property or proprietary rights notices from the Service;

 

      (v)  engage in any activity that interferes with any other user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Mash, a third-party or other users of the Service;

 

     (vi)  interfere with or circumvent any security feature or technical limitation of the Service or any feature that restricts or enforces limitations on use of or access to the Service;

 

     (vii) upload invalid data, viruses, worms or other software agents through the Service;

 

     (viii) attempt to gain unauthorized access to the Service, computer systems or networks connected to the Service, through hacking, password mining or any other means;

 

     (ix)  harvest or otherwise collect or store any information of third-parties (including personal information about other users of the Service);

 

     (x)  use any robot, application or other automated means to access, copy, scrape or index any portion of theService;

 

     (xi)  access the Service through any technology or means other than those provided or authorized by the Service;

 

     (xii) use the Service to engage in fraudulent transactions, money laundering or bribery;

 

     (xiii) otherwise violate thisAgreement or applicable law or use the Service in a way that is inconsistent  with this Agreement or applicable law.

 

(b)  Acceptable Use Policies. From time to time, Mash may also adopt additional acceptable use policies (“Acceptable Use Policies”), which may be posted on getmash.com, and Mash may notify you of such AcceptableUse Policies (and any changes thereto) at the email address listed in your Account or through your Account. Mash may amend and update such Acceptable Use Policies at any time in its sole discretion, and may notify you regarding such updates in the same manner. You agree to only access and use the Service in accordance with the then-current Acceptable Use Policies.

 

(c)  Account Termination. Mash may delete Accounts, in its sole discretion and without liability or prior notice to you, based on unacceptable or prohibited use. Mash may choose not to give notice or explanation of such deletion or removal. Mash also reserves the right to take appropriate legal action, including referral to law enforcement authorities, for any illegal or unauthorized use of the Service.

9. SUPPORT AND UPDATES

(a)  Beta Service. You hereby acknowledge and accept that the Service is currently being offered to you as a beta, limited release and/or developer preview. Accordingly, your use of the Service is at sole risk and discretion. Mash may discontinue the Service at any time or decide not to make the Service generally available.  

 

(b)  Updates. Mash may from time to time in its sole discretion develop and provide updates to the Service, which may include upgrades, bug fixes, patches and other error corrections or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionalities of the Service. You acknowledge and agree that Mash has no obligation to provide any Updates or to continue to provide or enable any particular features or functionalities of the Service. Mash reserves the right to discontinue support for the Service at any time without liability to you. You agree that all Updates will be deemed part of the Service and be subject to all terms and conditions of this Agreement.

 

(c)  Maintenance Disruptions. Maintenance requirements or technical difficulties may result in temporary interruptions of the Service from time to time. Mash reserves the right to modify or temporarily discontinue features or functionalities of the Service at any time for any reason, with or without notice. You acknowledge and agree that Mash will not be liable to you or to any third-party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance or interruption of the Service.

 

(d)  Security. Mash has implemented security policies and practice that are designed to protect the security and integrity of the Services and data, content and messages submitted to the Services by you and your Users. You are solely responsible for implementing security safeguards to protect you when accessing and using the Services, including to take precautions against viruses, worms, trojan horses and other items of a disabling or destructive nature. You acknowledge that data transmission over the Internet or other communication systems utilized cannot be guaranteed to be completely secure and there is always some risk that an unauthorized third party could thwart security measures, including by intercepting transmissions. Mash does not guarantee the security of communications and data provided or transmitted through or stored within the Service.

10. PARTNER CONTENT ANDPARTNER IP

(a)  Ownership of Partner IP. Partner Content, and any other data or information that you upload, transmit or provide to Mash or through the Service (collectively, “Partner IP”) remains your property. You are solely responsible for all Partner IP. Mash will not be liable for the use or misuse of any information or data that is included in any Partner IP.

 

(b)  Representations Regarding Partner IP. You represent and warrant that all Partner IP: (i) are true, accurate and current; (ii) do not and will not, directly or indirectly, infringe, violate or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right; (iii) are provided in compliance with all applicable laws, regulations, regulatory guidelines, policies and codes and industry guidelines, policies and codes. You further represent and warrant that: (i) you own and/or have the necessary rights and authority to make available Partner Content to Users through the Service as contemplated in this Agreement; (ii) such Partner Content are accurately described on the Service. You further agree that you will not make any misleading or false representations with respect to any Partner Content (including with respect to the specifications, features, or functionalities of any Partner Content).

 

(c)   Mash’sUse of Partner Content. You hereby grant to Mash (and third parties authorized by Mash in connection with the performance of the Services) a non-exclusive, transferable, irrevocable, fully paid up, royalty free and worldwide license to reproduce, copy, perform in public, communicate to the public by telecommunication, disseminate, display, publish, translate, adapt, modify, synchronize with other content and materials, process, store and otherwise use Partner Content for the purpose of  and as otherwise contemplated in this Agreement. You hereby waive all moral rights (and all other rights of a like or similar nature) that you may have in the Partner Content.

 

(d)  Removal of Partner Content. Mash reserves the right to remove or delete any Partner Content that violates the terms of theAgreement or for any other reason that Mash determine, in its sole discretion, presents a legal or security risk to Mash or any other persons. Mash will not be liable for any damages arising from, and will not provide any refund of payments made under this Agreement in connection with, any such removal of Partner Content.

 

11. MASH PROPRIETARYRIGHTS

(a)  Intellectual Property Rights. For purposes of thisAgreement, “Intellectual Property Rights”means any and all proprietary rights provided under (i) patent law; (ii)copyright law (including moral rights); (iii) trademark law; (iv) design patentor industrial design law; and (v) any other statutory provision or common law principle applicable to this Agreement.

 

(b)  Ownership inService. You have no ownership rights in the Service. You acknowledge and agree that the Service and all content, materials and information related thereto constitute Intellectual PropertyRights of Mash. By agreeing to this Agreement, you acknowledge that, as between you and Mash, Mash owns and retains all Intellectual Property Rights in and to the Service. All rights in the Service not expressly granted to you are reserved by Mash.

 

(c)  Feedback to Mash. Any feedback, ideas, comments and suggestions submitted by you to Mash concerning the Service (“Contributions”) is subject to the following terms: (i) you warrant that Contributions do not violate any confidentiality obligations that you may have to third-parties and that they do not contain proprietary rights of third-parties; (ii) Contributions become the Intellectual Property Rights of Mash, and by submitting Contributions you hereby assign to Mash all of the Intellectual Property Rights in and to the Contributions and waive all moral rights that you have; (iii) Mash is free to disclose and use (or refuse to disclose or use) any Contributions at its sole discretion; and (iv) you are not entitled to any compensation or reimbursement of any kind under any circumstances.

12. CONTINUED USE

Mash reserves the right, at its sole discretion, to suspend your Account in the event you cease to accessor use your Account for a period equal to one (1) year. If Mash suspends your Account for such inactivity, Mash will notify you of such suspension and you will have thirty (30) days to access your Account to transfer or use your Account balance (if any). After such thirty (30) day notice period has elapsed, Mash may terminate your Account in accordance with this Agreement.

13. SUSPEND

Mash reserves the right, at its sole discretion, to suspend your access to the Service or to cease providing any of the Service to you at any time if you (a) are, or Mash reasonably believes that you are, in breach of this Agreement; (b) engaging in conduct that Mash considers in its sole discretion to be harmful to Mash; or(c) have failed to pay any required fees applicable to your Account. If Mash suspends your access or use of the Service, Mash will have no liability for any damage, liabilities, losses, or any other consequences that you may incur in connection with any such suspension.

14. TERMINATION

(a)  Account Termination. This Agreement remains in effect for as long as you maintain your Account and ability to access the Service in accordance with the terms and conditions set forth in thisAgreement. You may terminate your use of the Service at any time by deleting your Account, by providing notice to Mash through your Account, or by sending an email to deleteaccount@getmash.com. Mash reserves the right to cancel your access to all or part of the Service and your Account and terminate this Agreement at any time for any reason, with or without notice to you. In particular, your access to the Service and Account will immediately and automatically terminate without notice if you violate any provision of this Agreement or if Mash elects to discontinue the Service.

 

(b)  Deletion of Partner IP. You acknowledge and agree that termination may result in the immediate deletion of all Partner IP you have submitted through the Service. You further acknowledge and agree that Mash will not be liable to you or to any third-party for any of the direct or indirect consequences of any interference with or termination of your access to the Service or your Account or deletion of your Partner IP. Mash will make all decisions regarding the termination of your access and use of the Service inits sole discretion.

 

(c)  Effect of Termination. In the event of termination: (a) this Agreement (including all rights granted to you under this Agreement) shall terminate; (b) you must cease all access to and use of theService; (c) the balance of your Account will be forfeited to Mash; and (d) all provisions of this Agreement which by their nature should survive termination shall survive termination. Termination will not limit any of Mash’s rights or remedies at law or in equity.

15. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY SET OUT INTHIS AGREEMENT, THERE ARE NO OTHER REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS CONCERNING THE SERVICE (INCLUDING FUNCTIONALITY, PERFORMANCE,OPERATION OR USE BY YOU OR NON-INFRINGEMENT), EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.  MASH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE (OR THAT ALL ERRORS CAN OR WILL BE CORRECTED) OR WILL MEET YOUR REQUIREMENTS.  ALL REPRESENTATIONS AND WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE ARE EXPRESSLY DENIED AND DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  ANY THIRD-PARTY PRODUCTS AND SERVICES SUPPLIED OR UTILIZED ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER. YOU CONFIRM THAT YOU HAVE NOT RELIED ON ANY REPRESENTATION, WARRANTY, CONDITION, COVENANT OR PROMISE MADE BY MASH WHICH HAS NOT BEEN EXPRESSLY STATED IN THIS AGREEMENT.

16. LIABILITY

(a)           TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MASH HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SERVICE FOR: (i) PERSONAL INJURY,PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OFDATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; AND (ii) DIRECT DAMAGES IN AN AMOUNT THAT EXCEEDS $50. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM OF THIS AGREEMENT RELATING TO THE PROVISION OF THE SERVICE, AND MASH WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT THIS LIMITATION.

(b)           THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT,TORT (INCLUDING NEGLIGENCE), EXTRA-CONTRACTUAL LIABILITY, VIOLATION OF STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR MASH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c)           Except to the extent prohibited by applicable law, any cause of action or claim you may have arising out of or relating to this Agreement or the Service must be commenced within one (1) year after the cause of action accrues, otherwise you agree such cause of action or claim is permanently waived.

17. INDEMNIFICATION

You agree to indemnify, defend and hold Mash and its affiliates harmless from and against any and all losses, liabilities, claims, costs, fines, and damages of any type (including legal fees) arising out of or in any way related to: (a) your use of the Service; (b) your violation of the terms and conditions of this Agreement; (c) any claims by any Third-Party Providers or Users arising out of in any connection with your acts or omissions; (d) any User Transactions or User Disputes; or (e) your violation of applicable laws or the rights of third-parties.

18. ACCESS

As this site may be accessed globally, if you choose to access this site from locations other than Canada, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to Canada or the country in which you reside. Notwithstanding the foregoing, Mash makes no representation that materials on this site are appropriate or available for use in locations outside Canada, as applicable.

19. BRANDING

(a)  Ownership of the Mash Brand. Mash is the sole and exclusive owner of all right, title and interest in and to the Mash trademarks and all goodwill associated therewith and reserves all rights in and to theMash trademarks. Any use by you of the Mash trademarks shall enure to the benefit of Mash. You acknowledge that nothing herein shall be construed to grant you any right, title or interest in and to any of the Mash trademarks.

 

(b)  Your Use of the MashBrand. You shall only use Mash trademarks, service marks, logos or brand names in accordance with the branding guidelines and trademark restrictions set forth in this Agreement, and as otherwise may be approved and prescribed by Mash in accordance with Mash’s branding guidelines and policies which are provided to you by Mash. You shall not otherwise use Mash’s trademarks, service marks, logos or brand names withoutMash’s prior written consent and shall not make addition to, deletion from, or other modification to such marks without the prior written consent of Mash.

 

(c)  Publicity. Mash shall be permitted to disclose, without notice to your or additional consent from you, in its marketing, promotional or other similar materials, on its website and orally, the fact that you are a customer of Mash and a general description of your commercial relationship with Mash.You further agree the license granted by you to Mash with respect to Partner Content under this Agreement includes the right for Mash to reproduce, store, transmit, display, and otherwise use Partner Content for Mash’s own marketing or promotionally purposes.

20. AMENDMENTS

Your use of the Service is subject to the most current version of this Agreement in force at the time of such use. To the fullest extent permitted by applicable law, Mash reserves the right to unilaterally update or modify this Agreement from time to time at its sole discretion without seeking your consent or providing notice to you. It is your responsibility to regularly check the website available at: www.getmash.com to view the then-current agreement applicable to your access to and use of the Service. Your continued use of the Service following any changes to this Agreement constitutes your acceptance of such changes. If you do not agree to any change, you must stop using the Service.

21. GOVERNING LAW

(a)  Governing Law. Except where prohibited by applicable law, this Agreement is governed by and construed in accordance with the laws of the Province of Ontario, Canada, without reference to conflict of laws principles, and the laws of Canada applicable therein. Except where prohibited by applicable law, any disputes in relation to this Agreement or the use of theService shall be brought to the courts of competent jurisdiction of the City of Toronto, Ontario, Canada. Residents of Quebec are ineligible to receiving the Service or create an Account.

 

(b)  Compliance With Laws. You are solely responsible for compliance with, and agree to comply with, all laws, rules, and regulations applicable to your use of the Service and any transaction or agreement you enter into in connection with the Service, including all such laws, rules, and regulations relating to receiving or making cryptocurrency payments in the jurisdiction in which you or the User reside. Without limiting the generality of the foregoing sentence, the legal and regulatory environment surrounding digital assets continues to evolve, and You are solely responsible for compliance with any applicable laws related to the use of Bitcoin as payment method.

 

(c)  Identity Verification. You agree to provide Mash with any such information that Mash may request for the purposes of verifying your identity and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit Mash to keep a record of such information. You authorize Mash to make inquiries, whether directly or through third-parties, that Mash considers necessary to verify your identity or protect you and/or Mash against fraud or other financial crime, and to take action Mash reasonably deem necessary based on the results of such inquiries. When Mash carries out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. Mash may suspend your access to your Account at any time until your identity has been verified to the satisfaction of Mash and, where applicable, the relevant governmental authorities.

 

(d)  Consent to Mash Providing Information to Authorities. You also acknowledge that, even though Mash is not a party to any User Transaction and assumes no liability for legal or regulatory compliance pertaining to User Transactions (including with respect to processing of cryptocurrency payments), there may be circumstances where Mash is nevertheless legally obligated (as Mash may determine in its sole discretion) to provide information relating to you, your Account, and your User Transactions in order to comply with requirements or requests of governmental bodies, and you hereby consent to Mash’s provision of such information as Mash may deem appropriate.

 

22. ADDITIONAL PROVISIONS

This Agreement constitutes the entire agreement between you and Mash with respect to the Service and supersedes all prior or contemporaneous understandings and agreements between you and Mash, whether written or oral, with respect to the Service. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of thisAgreement will continue in full force and effect. You may not assign, transferor sublicense any or all of your rights or obligations under this Agreement without the prior written consent of Mash. Mash may assign, transfer or sublicense any or all of its rights or obligations under this Agreement without restriction. The failure of Mash to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limitMash with respect to such breach or any subsequent breaches. Any heading, caption or section title contained herein is for convenience only, and in noway defines or explains any section or provision. Unless the context otherwise requires: all terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified; any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation”; and references to“person” or “persons” in this Agreement include references to corporations and other legal entities. Mash will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

23. CONTACT

If you have an issue or need support related to your use of the Service, please contact Mash via email at support@getmash.com.

© 12845393 CANADA INC., 2021, Toronto.